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General conditions of use of the platform www.followo.com - Dealers

1. Object

The present general terms relate to the contractual relationship between the customer, as set forth below, on the one hand, and the Followo Sàrl company, headquartered in rue de la Berra 59, 1630 Bulle, on the other.

2. Definitions

In the context of this contractual relationship, the following expressions have the meanings as defined below:

2.1. « Followo » refers to Followo Sàrl company, headquartered in rue de la Berra 59, in 1630 Bulle;

2.2. « Customer » refers to Followo's contractor in this contractual relationship;

2.3. « Parties » usually means Followo and Customer;

2.4. « www.followo.com » refers to the accessible internet platform under the domain name « www.followo.com » as well as all sites directly related to this field, the use of which is the subject of this contractual relationship; www.followo.com is an electronic market that connects customers with dealers and vice versa;

2.5. « Electronic Advertising Insertion Order » or "EAIO" means the order assessed by the Dealer via www.followo.com, and having the subject Advertising Insertion Services offered by Followo according to section 9 below.

2.6. « Customer » means the contractual partner of the Dealer in the contractual relationship through www.followo.com

3. Terms and conditions

3.1. These terms and conditions apply in a binding manner to both parties, to any contract of use of www.followo.com concluded between Followo and a Dealer as well as any advertising insertion contract within the meaning of section 9 below.

3.2. Any general conditions of the Dealer are not applicable, unless it has been accepted in writing by Followo.

4. Conclusion of the contract

4.1. A bilateral contract may be concluded between the parties by the completion of the procedure for creating a user-dealer account, as depicted in the page of www.followo.com, by the Dealer; this approach constitutes a legally binding offer issued by the Dealer. The contract is perfect at the time of sending by Followo with a message confirming the creation of the Dealer's user account; it can be an automated message; this approach constitutes acceptance by Followo of the offer made by the Dealer.

4.2. A bilateral contract may be concluded by an act in written form, signed by each of the parties or by their representative. In this case, the procedure for creating a user account as described on the page of www.followo.com, must still be completed by the Dealer to be able to use the services offered by said platform.

4.3. To have a valid contract, the Dealer must have the full exercise of civil rights (ability to discern, majority, lack of decision made by an authority restricting active civil capacity).

5. Duration of the contract and ordinary termination

The contract is concluded for an initial period of one year from the date of its perfection. It is renewed tacitly from year to year, if it is not terminated by one of the Parties by giving written notice to the other party at least one month in advance.

6. Extraordinary termination

6.1. Either party may terminate this contract with immediate effect, by a written statement of termination for material breach of this contract.

6.2. Will be considered a material breach of this contract within the meaning of section. 6.1 above (alternatively or cumulatively):

6.2.1.any absolute non-fulfillment of the obligations of either party;

6.2.2.delay in fulfilling the obligations of either party to which they have not been remedied within a period of 30 calendar days by a written notice, describing the alleged non-performance, to the party that has failed by the party intending to terminate.

6.3. If a party terminates this contract in an extraordinary way in the absence of a valid reason or a material breach of this contract within the given term of section 6.1, the termination thus given will remain nevertheless effective, but the author of the termination will have to compensate fully the other party for this wrongful termination.

7. Followo's services

7.1. Followo agrees to grant the Dealer access to the space reserved for Dealers on the internet platform www.followo.com.

7.2. This access goes through the use of a personal username and password provided to the Dealer by Followo or defined by the Dealer. These elements must remain confidential.

7.3. The space reserved for Dealers on the Internet platform www.followo.com allows the Dealers to publish offers and / or tenders for products and / or services to the public, according to sections defined by Followo as part of the procedure for creating the User/Dealer account.

7.4. Followo will also take care of the transfer of payments related to the contracts between the Dealer and the Customer through the platform www.followo.com. To do this, Followo will use the services of an external partner specialized in payment transactions. Followo will take the commission provided for in section 8.2 in the transfer of the payment to the Dealer made by the Customer to Followo. All transaction fees are the responsability of the Dealer. It is the responsibility of the Dealer to verify the receipt of payment and correction of the amount paid by the Customer. The undisputed statements within 30 days of receipt by the Dealer will be accepted.

7.5. Payments received by Followo from the Customer will be transferred to the "PayPal" account (www.paypal.com) of the Dealer. To this end, it is the responsibility of the Dealer to ensure that he has such an account, to communicate the coordinates to Followo as part of the creation process of the Dealers user account and to keep this information up to date by means of the administration page of his user account. All transaction fees are the responsibility of the Dealer.

7.6. As an operator of a platform limited to connecting different partners, Followo will not provide any delivery services of any nature whatsoever in favor of the Dealer and / or the Customer, subject to those described above in relation to the transfer of payments (Section 7.4), and will not assume any liability in case of Customer's and / or Dealer’s failure.

8. Obligations of the Dealer

8.1. The Dealer is obligated to pay a commission to Followo.

8.2. This commission amounts to 12% of the total price paid to the Dealer because of product or service ordered through the Internet platform www.followo.com, shipping / delivery included. Transaction fees are included in the commission. Where the provision of Followo is subject to a tax which must be economically supported by the recipient of the service (value-added tax, import tax, etc.), the commission due to Followo is increased by the amount of the said tax.

8.3. The commission due to Followo will be deducted by the latter during the transfer by Dealer of the payment made by the Customer to Followo.

8.4. The Dealer recognizes the legally binding nature of the Customer, offers and / or calls for tenders he publishes on www.followo.com.

8.5. The Dealer has the obligation to keep its profile updated.

9. Insertion of advertising space online

9.1. The www.followo.com platform offers a space insertion service for online advertising services enabling the Dealer to carry out advertising campaigns by targeting a specific audience. Inserting spaces on the pages of the www.followo.com platform operated by Followo is possible only on the personal pages of the users of this platform with a user account.

9.2. The Dealer is free to use this service or not; it is a service additional to those described in the other provisions of the these general conditions. In this case, the Dealer will manifest his commitment controlling said service by completing and submitting the Electronic Advertising Insertion Order available on the platform www.followo.com.

9.3. When the Electronic Advertising Insertion Order is accepted by Followo, the Dealer receives a confirmation message by e-mail, or a confirmation message appears on the screen.

9.4. Followo is committed to hosting, enabling access, disseminating and making accessible in any other way, on the www.followo.com platform the advertising content provided by the Dealer in accordance with the terms and conditions of the campaigns defined by the Electronic Advertising Insertion Order as well as by these terms and conditions.

9.5. It is the responsibility of the Dealer to provide advertising content in accordance with the technical specifications specified in the Electronic Advertising Insertion Order.

9.6. It is the responsability of the Dealer to ensure the legality and morality of the advertising content that it provides. Any content that Followo considers to be contrary to public morality or against the law, it may be terminated without notice at the expense of the Dealer.

9.7. When provided by the EAIO, placement on the platform www.followo.com is defined by the Dealer. In other cases, the locations and areas of the www.followo.com platform in which the advertising content provided by the Dealer will be posted are defined by Followo, who are subject to technical specifications emerging from the EAIO.

9.8. It is the responsability of the Dealer to pay the price and to respect the terms and conditions of payment defined by the EAIO. This price may, at the option of Followo, be charged separately to the Dealer or be retained on any transaction subsequent to issuing the EAIO.

9.9. The display of the advertising content provided by the Dealer will be targeted based on preferences that users of www.followo.com have defined in relation to their personal profile, as part of the process of creating their user-customer account, or later by updating said profile.

9.10. The Dealer gives license to Followo to reproduce, provide, represent and distribute advertising content to be provided to it by the Dealer, including company names, names, logos, works, trademarks and other intellectual or industrial property rights included in the said content, to the full extent necessary for the performance of the obligations of Followo arising from these terms and the EAIO.

9.11. The www.followo.com platform is constantly evolving. The Dealer accepts changes that may change the display location of advertising content to be made to said platform.

9.12. The Dealer is solely responsible for the execution of orders placed in relation to the products and services offered by the Dealer in the advertising content which is the subject of this contractual relationship. If the order comes through the platform www.followo.com, the other provisions of these general conditions are applicable for the surplus.

9.13. It is the responsability of the Dealer to compensate Followo, its executives, directors, employees, agents, and to remove them from any conviction that may be pronounced against them, respectively of any expenditure they would have to incur (including attorneys' fees) in connection with the breach of any of the guarantees given under this provision.

9.14. Advertising for weapons is prohibited.

10. Other obligations of the Dealer

10.1. The Dealer undertakes to offer on the www.followo.com platform only legal products and / or services that can be lawfully delivered in the country of destination. It is the responsibility of the Dealer to ensure the compliance with the law of its offers and / or tenders. The sale of weapons is prohibited.

10.2. It is the responsability of the Dealer to respect the rules of good faith in business and the commercial loyalty. In particular, it is forbidden to offer products and / or services that he is not able to provide or that he has not the intention to provide immediately. The Dealer is also responsible for transparency in the order process as well as delivery.

10.3. The Dealer will refrain from publishing negative or derogatory comments to other users of the www.followo.com platform, whether they are Dealers or Customers. It will treat these people with respect, including its online interactions through the www.followo.com platform.

10.4. It is the responsability of the Dealer to offer only products and / or services of quality.

10.5. The Dealer cannot to use the www.followo.com.com platform for criminal purposes.

11. Taxes and other public charges

The Dealer is responsible for paying any taxes, duties or other charges of public service in relation to any activity carried out through the www.followo.com platfom. It also takes care, if necessary, of corresponding statement of operations.

12. Responsibility and liability exclusions

12.1. The Dealer is solely responsible for the fulfillment of orders placed through the platform www.followo.com.

12.2. Followo assumes no responsibility for any fault, serious, slight, or intentional, committed by his auxiliaries.

12.3. Although Followo takes special care to guarantee the quality of its platform www.followo.com, it can not guarantee its access at any time. Followo therefore assumes no responsibility in the event of a temporary inability or malfunction of the www.followo.com platform.

12.4. Followo is not an Internet access provider. Therefore, the Customer is responsible for the proper functioning of his Internet connection, necessary to access and use the www.followo.com platform as well as its computer equipment.

12.5. Followo assumes no responsibility in the event of a dispute between a Dealer and a Customer.

13. Intellectual property

13.1. All intellectual property rights attached to the www.followo.com platform remain the exclusive property of Followo.

13.2. The Dealer remains the owner of Intellectual Property Rights about the content of advertising that he submits on the Customer's personal page in accordance with Section 9.

14. Data protection

Followo pays great importance to securing the confidentiality of data of all users of www.followo.com platform. That's why Followo has created and respected Its Privacy and Cookies policy, which you can consult by following this link.

15. Divisibility

15.1. If one of the provisions of these general conditions is invalid, the other provisions of these general conditions shall remain valid and shall continue to bind the parties unless it may be inferred from the circumstances in which the latter would not have contracted in the absence of a provision that was invalid.

15.2. If a provision of these general conditions is invalid, unlawful or may not be the subject of a request for enforcement in a jurisdiction, the validity, legality and enforceability of this provision in another jurisdiction will not be affected.

16. Communications

16.1. The official language that will be used in any communication between the parties is English.

16.2. Any communication between the parties that does not appear in the form prescribed by law or the current general terms and conditions and e-mail intervention is considered valid.

17. Editing and updating of terms and conditions

17.1. Followo reserves the right to adapt the current general conditions at any time.

17.2. The Dealer will be notified of the proposed change at least two months before the changes take place. If he does not accept the changes, he will have a period of one month to terminate the contract of use of the Followo platform in writing. This termination also effects the Electronic Advertising Insertion Order (Section 9 above).

18. Applicable law and jurisdiction

18.1. Any legal relationship between Dealer and Followo deriving from these general conditions shall be subject to Swiss law. The Swiss Code of Obligations is, for the remainder, applied as an additional right.

18.2. The Swiss Court of the Followo headquarters will be solely competent for any disputes regarding the current general conditions. Any recourse to the Federal Court is reserved.

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