Version from 10.09.2024

 Welcome to the CARLOW Platform

A B2B Marketplace specializing in renewable energy equipment and energy savings.

Article 1.                 Purpose

 These GTU are concluded between, on the one hand, the company SOLELH ENERGIE, a simplified joint-stock company with a share capital of 25,000 euros, registered with the Trade and Companies Register (RCS) of Aubenas under number 987 424 983, whose registered office is located at 425 Chemin des Souliers 07200 Vesseaux (hereinafter "CARLOW" or "the Operator"), and on the other hand, the Users (hereinafter collectively referred to as "the Parties").

CARLOW operates a platform accessible at the following address: https://www.carlow.fr/ (hereinafter the "Platform"), offering an intermediation service between professional sellers (hereinafter "Sellers") and professional buyers (hereinafter "Clients") for the sale of products and equipment related to renewable energies (hereinafter "Products").

The purpose of these GTU is to set the contractual provisions relating to the respective rights and obligations of the Parties in the context of the use of the Platform and all the Services offered thereon.

 

Article 2.                 Definitions

The terms mentioned below have the following meaning within these GTU:

·       "Back-Office": refers to the interface allowing the Seller to access their personal space, from which they can manage their Product Catalog, Orders, stock management, prices, delivery times, activity monitoring, and correspondence with the Operator and Clients.

 

·       "Catalog": refers to the Seller’s catalog of Products sold on the Platform.

 

·       "Client": refers to any person who guarantees having professional status as defined by French law and jurisprudence, who accesses the Platform by registering and can place a Product Order with the Seller of their choice. In this regard, it is expressly provided that the Client is a natural or legal person, whether public or private, acting for purposes that fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.

 

·       "Order": refers to any purchase of Products made by a Client on the Platform.

 

·       "Account": refers to the interface hosted on the Platform, where all the data provided by the Client is gathered, allowing them to manage their Orders. Access to the Account is made using the Identifiers.

 

·       "General Terms of Use" or "GTU": refers to these contractual terms made available on the homepage of the Platform, governing its use, and which any User of the Platform must accept during registration, whether they are a Client or Seller.

 

·       “General Terms of Service" or "GTS": refers to the contractual terms concluded between the Seller and the Operator, including any annexes.

 

·       "Contents": refers to all the information, texts, logos, brands, animations, designs, photographs, images, data, and generally all elements and content published by the User on the Platform under the terms and conditions proposed as part of the Services.

 

·       "Seller’s General Terms of Sale" or "Seller’s GTS": refers to the Seller's specific terms governing the sale of their Products concluded through the Platform with Clients.

 

·       "Sales Contract": refers to the set of contractual documents governing the sale of the Product through the Platform. The Sales Contract consists of the Seller’s GTS and any other annexed document concluded between the Seller and the Client, governing the sale, including the Product Sheet.

 

·       "Product Sheet": refers to the commercial offer related to a Product, written by the Seller and providing all the legally required essential information.

 

·       "Identifiers": refers to the email address and password chosen by the User during registration (or modified during use of the Platform) to access the Back-Office or Account.

 

·       "Messaging": refers to the tripartite messaging system available between the Seller, the Client, and the Operator, for pre- and post-order communications via the Platform (available 24/7).

 

·       "Parties": in plural, refers collectively to the Operator and the User. In singular, it refers to one of the two Parties.

 

·       "Platform": refers to the online platform accessible at the following address: https://www.carlow.fr/. The Platform comprises all web pages, Services, and functionalities offered to Users.

 

·       "Payment Service Provider" or "PSP": refers to the company holding a banking license that provides CARLOW with payment services to enable it to process payments from Clients. CARLOW’s Payment Service Provider is STRIPE PAYMENTS EUROPE LTD, a company under Irish law with its registered office located at The One Building, 1 Lower Grand Canal Street, Dublin 2, Ireland, authorized to operate within the European Economic Area as an electronic money institution authorized by the Central Bank of Ireland under number C187865.

 

·       "Products": refers to the following ranges of products that can be sold on the Platform by a Seller: Photovoltaics (modules, inverters, rails, monitoring, wiring, fasteners); Biomass (stoves, inserts, boilers, ovens, tubing); Heat pumps (outdoor or indoor unit, split, tank, ducted pipe); Solar (generator, tank, battery, lighting, aerovoltaics); Building management system (BMS). Products sold on the Platform are either new or second-hand:

·       "New Product": refers to a Product in perfect working condition that has never been used. It is sold in its original state without any alteration, repair, or wear.

·       "Second-Life Product": refers to a Product classified under the following categories: "Perfect Condition"; "Good Condition"; "Acceptable Condition."

 

·       "Services": refers to all services offered by the Operator to Users via the Platform.

 

·       "User": refers to any person who accesses and browses the Platform, whether they are a casual visitor, Seller, or Client.

 

·       "Seller": refers to any person who guarantees having professional status as defined by French law and jurisprudence, who accesses the Platform to sell their Products to Clients. It is expressly provided that the Seller is a natural or legal person, whether public or private, acting for purposes within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.

  

Article 3.                 Acceptance of the General Terms of Use

 The use of the Platform's features and Services implies the acceptance of these GTU.

 Thus, the User agrees to carefully read these GTU when accessing the Platform and is encouraged to download, print, and keep a copy.

 It is specified that these GTU are available in the footer of the Platform via a hyperlink and can be consulted at any time.

Article 4.                 Technical Specifications

 By using the Platform, the User acknowledges that they possess the necessary means and skills to use the features offered on the Platform.

The equipment required to access and use the Platform is the User’s responsibility, as well as any telecommunications costs incurred from its use.

The User agrees to comply with the technical specifications for uploading or inserting Content on the Platform, including any size, dimension, character, formatting, or other limitations related to the Content they intend to upload.

Article 5.                 Operator's Role

5.1. Operator’s Role as a Simple Intermediary

The Platform, managed by the Operator, electronically connects Sellers and Clients for the sale of Products.
Except for cases where the Operator edits, modifies, or moderates the Content, it exercises no control over the execution of Product sales and does not intervene in the transaction between the Seller and the Client.

The Sales Contract is, therefore, concluded between the Client and the Seller, with the Operator acting as a simple technical intermediary.

The information regarding prices and Product descriptions, as well as the Product Sheets, are provided by the Sellers.
The Operator is compensated by charging commissions, the amount of which is determined in the GTS concluded with the Sellers.

The Operator is also compensated by service fees charged to Clients for providing intermediary services, client service, the careful selection of Products, and the secure processing of the transaction.

 These service fees correspond to 2.5% of the order amount excluding VAT and excluding shipping costs.

 These GTU in no way confer on Users the status of employee, agent, representative, or proxy of the Operator.

 5.2. General Precontractual Information Obligation: Fairness, Clarity, and Transparency

 5.2.1. General Provisions

As an online marketplace provider, CARLOW acts in a neutral, clear, and transparent manner.

The Operator has no capitalistic or legal dependency with any of the Sellers listed on the Platform that would influence the ranking or referencing of Products.

The Products presented to Users on the Platform are listed according to the methods detailed in Article 8 of these GTU.

5.2.2. Financial Transparency

As an online marketplace provider, CARLOW ensures transparency regarding the fiscal and social obligations of Users conducting transactions through its platform.

In this respect, the Operator is required to comply with the following obligations:

(i)     Obligations under Article 242 bis of the French General Tax Code

In accordance with Article 242 bis of the French General Tax Code, the Operator agrees to provide, for each transaction, information on the fiscal and social obligations that apply to individuals conducting commercial transactions through the Platform.

 

To fulfill this obligation, the Operator includes in Annex 1 of these GTU the electronic links to the relevant governmental websites, enabling Users to comply with their fiscal and social obligations.

 

(ii)    Obligations under Articles 1649 ter A of the French General Tax Code

For operations conducted by Sellers through the Platform (Product Orders that fall under Articles 1649 ter A and following of the French General Tax Code), the Operator agrees to:

 

• Register with the tax administration to obtain an individual registration number;
• Submit a declaration to the tax administration concerning the operations carried out via the Platform, providing all the requested information.
  

To comply with these obligations, Sellers agree to provide the Operator with all the information specified by these texts. If this obligation is not fulfilled, Sellers are expressly informed that their Back-Office may be closed under the conditions outlined in the GTS.

 Each Seller affected by this declaration will receive the information provided to the tax administration regarding them no later than January 31st of the year following the transactions covered by the declaration.

 These data may also be disclosed, if necessary and in accordance with applicable regulations, to the tax administration of another EU Member State or a State or territory that has signed an agreement with France for the automatic exchange of this information.

 For further information, Sellers are invited to refer to the General Terms of Service.

Article 6.                 Online Reviews

6.1 Conditions for Publishing Online Reviews on the Platform

 The Operator offers Clients the opportunity to publish "online reviews" on the Platform following the purchase of a Product from the Seller of their choice.

Once the transaction is finalized, meaning the Seller has been paid and the Client has approved the purchase, reviews may be posted directly on the Platform by both the Seller and the Client.
In this regard, the Client may evaluate the Product and/or the Seller by assigning a rating and/or writing a comment.

 When publishing online reviews on the Platform, the Operator expressly commits to providing Users with fair, clear, and transparent information regarding the publication and processing of reviews. The Operator also commits to displaying the date of the review and any updates.

 Clients are specifically informed that:

 

• The Operator does not pre-moderate reviews.
• However, in case of review monitoring, the Operator ensures that any personal data processing complies with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, and the GDPR.
• Reviews are published within one (1) month.
• Reviews will remain visible on the Platform for a maximum period of three (3) years from their publication date.

 

Users can view all reviews related to the Products and/or Sellers.

6.2 Procedure for Reporting a Published Review

L’Opérateur met en place une fonctionnalité gratuite qui permet à tout Utilisateur, et notamment aux Vendeurs, de signaler un

The Operator provides a free feature that allows any User, especially Sellers, to report an issue with a review.
Any User wishing to contact the Operator regarding a specific review is invited to send an email to: contact@carlow.fr

 Following a legitimate report, the Operator commits to removing a review if it :

 

• Violates these General Terms of Use;
• Contains defamatory, abusive, offensive, malicious, inciting violence or hatred, racist, illegal, discriminatory content, or infringes on privacy or image rights or is otherwise inappropriate.

 

Article 7.                 Access and Registration Conditions

 Any User can access the Platform, browse the Products offered, and benefit from the Services described in these GTU, provided they have created an Account.

 7.1. Registration as a Seller

 To be listed on the Platform as a Seller, a User must contact the Operator via email at : contact@carlow.fr

 To register as a Seller on the Platform, the User must:

• Act as a professional as defined by the preliminary article of the French Consumer Code;
• Accept the GTU and the GTS, which will be communicated to them beforehand;
• Provide and keep up to date the information requested by the Operator and the PSP on the Platform, namely:
  • A valid ID (ID card or passport) for the legal representative;
  • An extract from the company’s registration in the commercial register (KBIS) dated less than 3 months;
  • A copy of the company’s articles of association;
  • The company's professional bank account details;
  • The register of beneficial owners;
  • Valid ID for beneficial owners;
  • Proof of residence for beneficial owners;
  • The company's VAT number;
  • The company's SIRET number;
  • If applicable, the URL of the company’s website;

·       Respond to the “knowledge questionnaire” submitted by the Operator;

·       Comply with the requirements of these GTU and GTS as well as applicable regulations. The Seller is expected to respect regulations related to the sale of Products, data protection laws, and their fiscal and social obligations;

·       Provide all the Content required for their Product Sheets and Catalog;

·       Specify on each Product Sheet their status as a professional Seller;

·       Complete and keep their Product Catalog up to date.

 

For more information on Seller registration and listing conditions, Users are invited to refer to the GTS.

In the event of refusal to register a User as a Seller, the Operator will inform the Seller via email.

In any case, the GTS will only take effect once the Operator accepts the Seller's registration.

 7.2. Registration as a Client

7.2.1 Registration Procedure

Any User wishing to access all the Platform's features must first create an Account to become a Client.
Registration on the Platform as a Client is free of charge.

To create their Account, the User must provide all required information and create their Identifiers.
The User registering for an Account agrees to provide the Operator with accurate, fair, and up-to-date data that does not infringe on the rights of third parties and to promptly update the data if necessary.

 Finally, the User must validate the present GTU before completing their registration.
The email address and password constitute the User's Identifiers.

Each User agrees to create only one Account on the Platform. The Operator disclaims any liability for any damages caused by the use of multiple Accounts by the same User.

The User is fully responsible for the accuracy and updating of the data provided in connection with the opening and management of their Account.

7.2.2. Identifiers

The User is solely responsible for the use of their Identifiers or any actions taken through their Back Office.
If a User discloses or uses their Identifiers in a way contrary to their intended purpose, the Operator may delete their Account without notice or compensation.

Under no circumstances shall the Operator be held liable for identity theft of a User. Any access or action carried out from the Account or Back Office of a User will be presumed to have been performed by that User, as the Operator is not required and does not have the technical means to verify the identity of persons accessing the Platform from an Account or Back Office.

 Any loss, misappropriation, or unauthorized use of a User's Identifiers and the resulting consequences are the sole responsibility of the User, who must immediately inform the Operator via email at: contact@carlow.fr

  7.2.3. Account Deletion

The User may close their Account at any time according to the procedures detailed on the Platform.

The Operator will deactivate the Account as soon as possible and will send an email to the User confirming the closure of the Account and the permanent deletion of all its elements on the Platform.

Article 8.                 Services

8.1 Services Accessible to Any User

The primary service offered by the Operator is the direct connection between Sellers and Clients for the sale of one or more Products. CARLOW reserves the right to modify the features and services available on the Platform at any time and at its sole discretion. In this case, the GTU will again be subject to the express acceptance of the User.

8.1.1. Category and Subcategory Search

The User can access the various categories of Products listed in the Catalog.

By clicking on the category of their choice, the User can access all the subcategories of Products.
By selecting a category/subcategory of their choice, the User can access all the corresponding Products offered on the Platform.

8.1.2. Search Engine

The User can use the search engine to find a specific Product.

In this case, the results corresponding to the search will be presented by default according to a relevance criterion determined as follows: Products whose title, description, and Product Sheet contain the most links to the keywords used by the User are displayed first.

8.1.3. Filter Search

During any Product search on the Platform, the User may refine their queries using the available filters.

8.2 Services Accessible to Any Registered Client

By creating an Account in accordance with Article 7.2 of these GTU, any User who becomes a Client can access the following features:

 8.2.1 Ordering Products

Any User who has created an Account has the ability to place an Order for Products offered by Sellers through the Platform.
All Product Orders are governed by the Sales Contract.

8.2.2 Product Payment

To purchase a Product, the Client must be at least eighteen (18) years old and/or have legal capacity.
The Client can pay for Products online on the Platform via:

• Bank card;
• Bank transfer;
• Other payment solutions detailed on the Platform.
  

When selecting their payment method, the Client will be redirected to a secure area to process the payment. The Client is informed that all payments on the Platform are handled via the Payment Service Provider, which manages financial transactions.
The Client may store their payment information to facilitate future Orders.

8.2.3 Order Management

By creating an Account, the Client can track and manage their ongoing Orders, view their status, access the history of all their Orders, obtain invoices for their Orders, or file a complaint with the Seller.

It is noted that the Client can cancel their Order provided the Seller has not yet confirmed it.

 8.2.4 Messaging – Chat

Any Client can use the Messaging feature provided, which allows direct communication with the Seller and/or the Operator.

8.2.5 Information and Promotional Messages

Any Client can, during their registration on the Platform and via their Account, subscribe to the Operator’s newsletters, which inform them of Platform updates or promotions. These newsletters may be sent to the email address provided by the Client.

The Client may unsubscribe from the newsletters at any time by clicking on the link provided for this purpose in each email sent by the Operator.

8.3 Services Accessible to Any Registered Seller

If the Operator accepts the Seller’s registration in accordance with Article 7.1 of these GTU, any User who becomes a Seller will have access to a Back-Office where they can:

• Publish and modify their Product Catalog;
• Offer Clients the opportunity to purchase their Products directly on the Platform;
• Track and manage Product Orders.

For more information on the services accessible to any Seller, they are invited to refer to the General Terms of Service.

Article 9.                 Obligations of the Parties

9.1. Obligations of the Users

When using the Platform, each User agrees not to disturb public order and to comply with the laws and regulations in force, as well as to respect the rights of third parties and the provisions of these GTU.

Each User is obligated to:

• Behave fairly and reasonably toward the Operator and third parties;
• Be honest and sincere in the information provided to the Operator and, if applicable, to other Users;
• Use the Platform in accordance with its intended purpose as described in these GTU;
• Not misuse the Platform for illegal purposes such as committing crimes, offenses, or violations punishable by the Criminal Code or other laws;
• Respect the privacy of third parties and the confidentiality of communications;
• Respect the intellectual property rights of the Operator concerning the Platform's elements and, if applicable, the intellectual property rights of other Users;
• Not attempt to harm the automated data processing systems implemented on the Platform, particularly through practices such as web scraping, in accordance with articles 323-1 and following of the French Penal Code;
• Not alter information posted online by the Operator or other Users;
• Not use the Platform to send unsolicited mass messages (advertising or other);
• Not publish data that could disrupt, disorganize, slow down, or interrupt the normal operation of the Platform.

In accordance with applicable laws and regulations, and pursuant to the law of July 29, 1881 on press freedom, the User agrees not to distribute any message or information:

• Constituting wrongful disparagement aimed at the Operator or the Platform’s Users;
• Contrary to public order or morality;
• Containing defamatory, abusive, racist, xenophobic, revisionist, or insulting content that harms the honor or reputation of others;
• Inciting discrimination or hatred against a person or group based on their origin, ethnicity, nationality, race, or religion;
• Threatening a person or group of people;
• Having a pedophilic nature;
• Inciting criminal acts, offenses, or acts of terrorism, or justifying war crimes or crimes against humanity;
• Inciting suicide;
• Enabling third parties to illegally obtain pirated software, serial numbers, hacking tools, viruses, or any other software that could harm others;
• Of a commercial nature (prospecting, solicitation, prostitution, etc.).

9.2. Obligations of the Operator

The Operator's general obligation is one of means. The Operator has no obligation to achieve specific results.

The Operator undertakes to make every effort to ensure continuous access and use of the Platform, 24 hours a day, 7 days a week.

However, the Operator draws the Users' attention to the fact that current internet communication protocols do not guarantee the continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).

Article 10.             Liability

10.1. General Principles

The Operator disclaims all liability, particularly in the following cases:

• If temporary access to the Platform is impossible due to technical maintenance operations or updates of the published information. Users acknowledge that the Operator cannot be held responsible for malfunctions or interruptions in transmission networks;
• In the event of viral attacks, illegal intrusions into automated data processing systems;
• In the event of abnormal or illegal use of the Platform by a User or a third party;
• Regarding the content of third-party websites that the Platform's hyperlinks might point to;
• In the event of non-compliance with these GTU attributable to the Users;
• In the event of delay or failure to meet obligations when the cause of the delay or non-performance is due to a force majeure event as defined in Article 11 of these GTU;
• In the event of a cause outside the Operator's control;
• In the event of illegal actions by a Seller or contractual non-performance by a Seller;
• For any issue encountered during the sale of the Product by the Seller.

In the case of abnormal or illegal use of the Platform, the User alone is responsible for damages caused to third parties and the consequences of any claims or actions that may arise.
It is specified to the User that these circumstances do not apply when:

• The Operator has failed to meet its obligation to guarantee a level of security adapted to the risk of processing, as specified in Article 32 of the GDPR;
• The Operator's liability may be engaged due to its status as a hosting provider (it did not promptly act to remove illegal content).

10.2. Hosting Provider Status

Users acknowledge that the Operator qualifies as a hosting provider under the Digital Services Act (DSA). In this capacity, the Operator reserves the right to remove any content that is reported to it and which it deems manifestly illegal, as defined in Article 3 of the DSA, i.e., "any information that, in itself or in relation to an activity, including the sale of products or the provision of services, does not comply with Union law or the law of a Member State that is in accordance with Union law, regardless of the specific object or nature of this law."

The notification of such content must be made through the dedicated form on the Platform, meeting the requirements of Article 16 of the DSA (hereinafter the "Notification"). It is strongly recommended that Users properly complete this form to enable the Operator to have effective knowledge of the contested content and the justifications allowing it to consider whether the content is illegal.

Furthermore, in this context, the User agrees to submit the Notification in good faith, affirming that the information provided in this form is accurate and complete.

From the receipt of the Notification, the Operator commits to making a Decision regarding the information to which the Notification relates in a timely, diligent, non-arbitrary, and objective manner (hereinafter the "Decision"). The User will also be informed if the Decision was made using automated means.

In any case, the Operator undertakes to:

• Acknowledge receipt of the User's Notification and inform them of the Decision made regarding the reported content, provided electronic contact details have been provided;
• Inform the author of the content about the Decision;
• Inform the User (the author of the Notification and the reported content) of the possible remedies against the Decision, including access to an internal complaint-handling system.

Except in cases of misleading commercial content and broad dissemination, each Decision taken by the Operator will be accompanied by a clear and specific statement of reasons, especially when it leads to:

• Restricting the visibility of the content;
• Suspending all or part of the Services offered on the Platform;
• Suspending or deleting the relevant Account.

In cases of content raising suspicions of a criminal offense that poses a threat to the life or safety of one or more people, the Operator will promptly inform the competent law enforcement authorities.

10.3 Disputes Between Clients and Sellers

It is specified that any dispute arising between a Client and a Seller must be resolved between them, as the Seller remains solely responsible for the Products ordered through the Platform and for the transportation of the Products when the Seller uses a carrier other than the one proposed by the Operator.

The Client can contact the Seller directly via the Messaging available on their Account. The Client may also contact the Operator    by email at contact@carlow.fr or via the Messaging to file a complaint about the Seller.

The Operator will promptly forward the complaint to the relevant Seller by email, who will be solely responsible for handling the dispute concerning the Products ordered. The same applies when a Seller contacts the Operator to file a complaint about a Client.

In any case, the Party involved in the User's complaint agrees to respond to the complaint as soon as possible.

Concerned about the Platform's reputation, the Operator encourages the parties to make their best efforts to resolve any disputes in which they are involved.

However, it is noted that Users may refer to the Operator as a mediator in accordance with the modalities indicated on the Platform.

Upon receipt of an Order placed by the Client through the Platform, the Seller may either validate or refuse it. The Seller undertakes to do so within the deadline indicated via the Platform. As an exception, in the event of the Seller canceling the Order after it has been paid for by the Client, the Client will be fully reimbursed for the amount of the Order.

Article 11.             Force majeure

The Operator’s liability cannot be engaged if the non-performance or delay in the execution of any of its obligations described in these GTU results from a force majeure event.

Force majeure, in contractual matters, occurs when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the GTU and whose effects cannot be avoided by appropriate measures, prevents the execution of their obligation.

If the impediment is temporary, the execution of the obligation is suspended unless the delay resulting from it justifies the termination of the GTU. If the impediment is permanent, the GTU are automatically terminated, and the parties are released from their obligations under the conditions provided by articles 1351 and 1351-1 of the French Civil Code.

In the event of a force majeure event, the Operator will make every effort to inform the User as soon as possible.

Article 12.             Intellectual Property

12.1. Ownership of Intellectual Property Rights of Users

In the context of using the Platform, Users may submit photographs, trademarks, logos, designs, and other models owned by them or third parties.

Any User uploading Content via the Platform guarantees that they hold the necessary proprietary rights allowing the representation or reproduction of all the Content and will indemnify the Operator accordingly.

In any case, except for cases where the Content is edited, modified, and/or moderated by the Operator, the latter cannot be held liable for an act of infringement, considering its status as a mere host of the Content published by Users unless it fails to act promptly to remove or make the content inaccessible.

For the execution of these GTU, each User grants a free, non-exclusive license to the Operator to use, reproduce, represent, adapt, and make public the said Content, including any Content protected by copyright, as well as any other distinctive signs visible, for the execution of these General Terms of Use. This license will be valid for the duration of the use of the Platform under these terms and worldwide.

This license does not confer any right of sub-license to third parties. However, the Operator cannot be held responsible for the copying of Content by any User browsing the Platform who infringes on these General Terms of Use.

12.2. Ownership of CARLOW's Intellectual Property Rights

The User acknowledges the intellectual property rights of the Operator over the Platform, its components, and the related Content and agrees not to challenge these rights in any form.

The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions, texts, and all other content on the Platform, except for the Content published by Users, are the exclusive intellectual property of the Operator and cannot be reproduced, used, or represented without express authorization from the Operator, under penalty of legal action.

Any total or partial representation or reproduction of the Platform and its content by any means whatsoever without the prior express authorization of the Operator is prohibited and will constitute infringement, punishable by the provisions of articles L335-2 et seq. and L713-1 et seq. of the French Intellectual Property Code.

In particular, the Operator expressly prohibits, as the producer of the database:

• The extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of its database to another medium, by any means and in any form whatsoever;
• The re-use by making available to the public of all or a qualitatively or quantitatively substantial part of the content of the database, regardless of its form;
• The reproduction, extraction, or re-use by any means, including methods similar to scraping, of the content (photographs, descriptions, etc.) published by the Operator.

Acceptance of these GTU constitutes recognition by the Users of the Operator's intellectual property rights and an undertaking to respect them.

The Operator grants Users a non-exclusive, non-transferable personal license authorizing them to use the Platform and the information contained therein in accordance with these GTU.

Any other use of the Platform and its content is excluded from the scope of this license and may not be carried out without the prior express authorization of the Operator.

Article 13.             Protection of Personal Data

All policies related to the processing of personal data implemented by the Operator are detailed in the Platform’s Privacy Policy, available here: https://www.carlow.fr/page/6-politique-de-confidentialite.html.

Regarding the cookies used on the Platform, the User is invited to consult the Operator’s Cookie Policy, accessible here: https://www.carlow.fr/page/2-mentions-legales.html.

Article 14.             Customer Service – Point of Contact

Any questions or complaints regarding the use or operation of the Platform may be submitted in French or English using the following methods:

• By email at: contact@carlow.fr
• Via the contact form on the Platform accessible here: https://www.carlow.fr/nous-contacter*

Article 15.             Validity of the GTU

If any of the provisions of these GTU are declared null and void under a legislative or regulatory provision in force or by a court decision having the authority of res judicata, it will be deemed unwritten, but this will not affect the validity of the other clauses, which will remain fully applicable.

Such modification or decision does not authorize the Users to disregard these GTU.

Article 16.             Modification of the GTU

These GTU apply to any User browsing the Platform.

The GTU may be modified and updated by the Operator at any time, particularly to adapt to legislative or regulatory changes.
The applicable GTU are:

• For non-registered Users on the Platform: those in effect at the time of browsing the Platform;
• For any User registered on the Platform: those that have been accepted by them on the Platform (at the time of their registration on the Platform or during their last login in case of modification).

Article 17.             General Provisions

The fact that one of the Parties has not required the application of any clause of these GTU, whether permanently or temporarily, shall in no way be considered as a waiver of that clause.

In the event of difficulty in interpreting any of the titles appearing at the head of the clauses and any of those clauses, the titles will be declared non-existent.

Article 18.             Competent Jurisdiction and Applicable Law

THESE GTU, AS WELL AS THE RELATIONSHIP BETWEEN THE USER AND THE OPERATOR, ARE GOVERNED BY FRENCH LAW.

In the event of a dispute arising between the Operator and a User concerning the interpretation, execution, or termination of these GTU, the Parties will endeavor to resolve it amicably.

FAILING AN AMICABLE AGREEMENT WITHIN ONE (1) MONTH FROM THE DATE OF NOTIFICATION OF THE DISPUTE BY ONE OF THE PARTIES, THE DISPUTE MAY BE SUBMITTED TO THE COMPETENT COURTS UNDER THE JURISDICTION OF THE COURT OF APPEAL OF NÎMES.