These general terms and conditions of sale (the “GTCS”) govern the provision by YMSD USA LLC (hereinafter referred to as “we” or “YMSD”) of paid services (the “Paid Services”) to any user of the website www.coquinland.com (the “Site”).
These GTC supplement the General Conditions of Use of the Site.
1. Scope and acceptance of the GTC
1.1 Scope of application
The GTC apply to all the Paid Services available on the Site.
Unless expressly stipulated otherwise, the GTC apply to any user of the Site (a “User”), whether professional, i.e. any individual or legal entity acting in the course of its commercial or professional activities.
The User must be aged 18 or over to register and use the Paid Services available on the Site, and hereby warrants that he/she has the capacity and authority to subscribe to the GTC, and where applicable, that he/she is duly authorised and empowered to represent the entity concerned. A procedure for verifying the age of the User may be implemented by YMSD, in accordance with applicable legal and regulatory provisions.
1.2. Acceptance
By purchasing one of the Paid Services, the User accepts these GCS.
Acceptance by the User of the GCS is made by ticking a box accessible at the time of validation of the order entitled “I accept the General Terms and Conditions of Sale” or by express mention on the documentation relating to the Paid Services.
The General Terms and Conditions of Sale can be downloaded from the Site at any time and can be communicated to the User on request.
2. Registration
Before subscribing to a Paid Service, all Users must create an account either by completing the registration process accessible here beforehand, or when publishing their Advertisement.
All Users guarantee the accuracy, sincerity and reliability of the information recorded.
By registering on the Site, the User undertakes to provide YMSD with a document attesting to the creation and legal existence of the establishment in which the services promoted will be carried out. This document will be a K-Bis extract showing the SIRET number of the establishment concerned or any other equivalent official document.
3. Advertisements
All Users acknowledge that there is a delay between the publication of an Advertisement and its display on the Site.
All Users hereby declare that their Advertisement complies with the General Terms and Conditions of Use, the General Terms and Conditions of Sale and any other applicable legal or regulatory provisions.
In particular, the User acknowledges and certifies that :
- the content of his Advertisements complies with the professional regulations applicable to him ;
- he is the author of the text, drawings and photos accompanying the Advertisement. Failing this, that he/she has all the rights, in particular intellectual property rights and authorisations required to post the Ad and to enter into this contract. Consequently, any Ad published on the Site is the sole responsibility of the User.
For all intents and purposes, it is specified that the User grants YMSD all rights and in particular intellectual property rights over the Ad that may be necessary for YMSD to properly execute the Paid Service in accordance with the General Conditions of Use.
YMSD reserves the right, at any time and without any compensation or reimbursement, to delete or block access to any Ad that does not comply with the General Conditions of Use, that violates the rights of a third party, that is illegal or does not comply with applicable law or if YMSD is legally obliged to do so.
4. Paid Services
Paid Services consist of several offers ensuring different degrees of visibility for the User’s Advertisements.
These offers are the subject of a commercial offer for an indeterminate period, paid monthly or quarterly. The prices quoted are in euros and exclusive of tax. They may be revalued at the beginning of each calendar year.
As Paid Services are subscribed to for an indefinite period by the User, the User may terminate them by simply notifying YMSD before the 20th of the current month to take effect at the end of the current month.
Any Paid Service may only be used for a single Advertisement and may not be transferred to any other User. Any User may simultaneously subscribe to several Paid Services.
As soon as the Order has been confirmed, YMSD will send an invoice and a payment receipt with all the details of the Order. The User expressly agrees to receive an invoice in electronic format.
The Paid Service is non-refundable. As soon as it is subscribed to, the Paid Service can be used immediately by the User.
5. Prices and means of payment
Prices include all taxes in France and the European Union. Payment can be made by credit card, paypal..
Payment details are not kept by YMSD or by the organisation responsible for the financial transaction. Payment is made immediately.
The information you provide when ordering and paying by credit card is subject to automated data processing by our partner. The purpose of this automated data processing is to define a level of transaction analysis and to combat credit card fraud, usurpation and misuse of your identity.
YMSD and our service provider are the recipients of the data relating to your order. Your card number is never transmitted or used as is, but benefits from a secure encoding and encryption system. The highest security standards are applied to data storage and all comply with the Payment Card Industry Data Security Standard (PCI DSS). You may object to the communication of your data, in the knowledge that the non-transmission of this data will prevent us from carrying out and analysing your transaction and will lead us to suggest another method of booking.
The occurrence of an unpaid invoice due to fraudulent use of a bank card will result in the registration of the details relating to your order associated with this unpaid invoice in a payment incident file. An irregular declaration or anomaly may also be subject to specific processing.
We may need to contact you to ask you to provide additional documents.
6. Termination by the User
Any User may cancel or modify at any time :
- an Advertisement directly from their personal account. Deletion of the Ad does not terminate the User’s right to the option(s) potentially linked to the Ad. Thus, if the User reactivates his Ad, he will benefit from the option provided that it is still valid;
- the account they have created on the Site. To cancel his subscription, the User must deactivate his account. Once the cancellation process has been completed, cancellation is immediate and any remaining adverts for the User become unavailable. By deleting his/her account, the User acknowledges that he/she will lose the benefit of any Paid Services purchased prior to the deletion of his/her account. Paid Services will be invoiced until the end of the current month, if the cancellation is made before the 20th of that month, otherwise at the end of the following month.
7. Termination by YMSD
YMSD may at any time, without prior notice to the User and without reimbursement, delete or deactivate the User’s account, block the User’s email address or IP address, terminate the User’s access to the Site and/or use of the Paid Services (or any part thereof), delete or block access to any content in the event of a breach of (or if the behaviour of the User indicates that he/she does not intend to or is unable to comply with) any clause of these conditions, any clause of the General Conditions of Use, and in particular those relating to the rights of third parties, and more generally to compliance with applicable laws and/or if YMSD is legally obliged to do so. This will be the case in particular if the Advertisement is considered to be clearly linked to prostitution.
The User acknowledges that YMSD will cooperate fully with investigations relating to breaches of system or network security on other sites and will cooperate with law enforcement authorities to investigate suspected criminal offences.
To the extent permitted by applicable law, YMSD shall not be liable to the User or any third party for any of the foregoing. The User undertakes not to attempt to use the Paid Services after such termination. To the extent permitted by applicable law, YMSD is not responsible for any failure or delay in removing illegal content, and the User waives any claim against YMSD arising therefrom.
8. Controls by YMSD
The User is informed that YMSD has implemented a practice known as “mystery shopper” who, on behalf of YMSD, may visit the User’s establishments or by telephone, to verify, anonymously, that no solicitation or service of a sexual nature is being offered. The User accepts unreservedly to submit to this practice, which she considers to be a matter of good faith in the performance of the GTCs and the Paid Services.
Furthermore, the User is informed that YMSD systematically cross-checks the telephone numbers used by the User for his or her establishments, as well as comments that may be published on other Internet sites or media concerning the User or his or her establishments.
At YMSD’s request, the User may be required to provide details of the procedures implemented by YMSD to control its staff and ensure that no sexual services are provided in its establishments.
Failure to comply with these provisions may justify termination of the User account by YMSD.
9. Liability
YMSD cannot be held responsible for any failure or delay in the execution of its obligations under these GTC, caused by the User, a third party and/or a case of force majeure.
Without prejudice to the provisions of the General Conditions of Use and to the extent permitted by applicable laws, the User accepts that YMSD’s liability is limited to the amount paid to YMSD for Paid Services over the last six (6) months prior to its action. Except as provided herein, YMSD may not be held liable for indirect damages or losses of any nature whatsoever resulting from the use of the Site by the User.
10. Intellectual property rights
The trademarks and trade names used on the Site (including but not limited to “coquinland”) are trademarks or trade names owned by YMSD or its affiliates or business partners, unless otherwise indicated. With the exception of content uploaded by Users, YMSD owns or controls all intellectual property rights in the Site, including content. In particular, it is forbidden to publish, distribute, extract, re-use or reproduce all or part of the Site or its content in any form whatsoever (including by any means of storage whatsoever) except as expressly authorised herein or as stipulated on the Site and in its content (or by virtue of any local legislation). The Site and the Content may not be redistributed, transferred, assigned or sub-licensed.
11. Force Majeure
YMSD cannot be held responsible for any failure or delay in the performance of its obligations under the General Terms and Conditions of Sale resulting from an event beyond its control.
12. Independence of clauses
With the exception of the case where an essential clause or provision of the GCS is null and void or where there is an interdependence between some of its clauses or provisions, if a clause or provision of these GCS is recognised by a competent court to be null and void, inapplicable or contrary to the applicable law, the other clauses or provisions will remain valid and continue to be fully effective.
13. No waiver
No waiver, express or implied, by either party of any provision or any breach by the other party of any obligation contained in the GTCS shall be deemed a general waiver of any other breach of the same or any other provision.
14. Updating of the GTC
The GTC may be updated from time to time by the publication of new GTC on the Site but remain applicable to any Paid Service purchased prior to that date. The new GTC are applicable to any User who subscribes to one or more Paid Services from the date on which they are published on the Site.
15. Applicable Law and Jurisdiction
The General Terms and Conditions of Sale are governed by and interpreted in accordance with French law.
Any dispute arising out of or in connection with this Agreement shall be subject to the jurisdiction of the Commercial Court of Paris.
