Terms and Conditions of Use

Carnivores.Zone sets up, on the website https://carnivores.zone (hereinafter the “Site”), a Marketplace allowing adult and non-professional sellers (hereinafter the “Sellers”), after registration and selection, to enter, through its intermediary, into contact with private buyers (hereinafter the “Buyers”), also registered on the Site, with the aim of selling carnivorous plants (hereinafter the “Products”) at fixed prices (hereinafter the “Service”). These products are sold strictly for use in a non-business related activity.

The products have been cultivated by their owners and are offered either as seeds, cuttings or whole plants.

In all cases, Seller or Buyer, by registering, you agree without restriction or qualification to be bound by the Stripe Terms of Service set forth on the Stripe website[Stripe Terms of Service] by using this payment method.

Buyer

To use the Service, the Buyer must agree to abide by these Buyer Terms and Conditions of Use (hereinafter the “Buyer T&Cs”) without limitation or qualification. This acceptance is materialized by a validation click during his registration on the Service.

1. Purpose

In these Buyer’s G.C.U. are defined the conditions under which Carnivores.Zone proposes its tools to manage the Purchase of Products by Buyers from Sellers.

2. Description of the service

The Service consists of a set of tools allowing Buyers to register on the Site, to connect with Sellers in order to place orders for Products, to pay the price of the Products, to confirm receipt of the Products.

It also integrates a rating system allowing the Buyer to evaluate the quality of his relationship with the Sellers.

Transactions using the Service for the purpose of purchasing Products are concluded directly between the Buyer and the Seller. Carnivores.Zone is in no way a reseller of the Products offered by the Sellers through the Service. Thus, the Products purchased through the Service cannot be returned or exchanged by Carnivores.Zone.

In case of non-compliance with the present General Terms of Use, Carnivores.Zone reserves the right to temporarily or permanently interrupt access to the Service to the concerned Buyer.

Each Buyer agrees to make purchases in good faith.

3. Access to the service

Professional Sellers are not permitted to use the Service. Professional Sellers who conduct transactions with consumers are subject to specific legal provisions.

The Service is not intended for minors. For minors, a parent or guardian (of legal age) must register to use the Services and supervise the minor’s use of the Services.

Access to the Service requires acceptance of these Buyer T&Cs in addition to the opening of a free Marketplace Buyer account. You must provide your identification and contact information. By opening this account, You agree to provide only accurate information, and to inform Carnivores.Zone of any changes.

You must use the username and password created when you opened your account to use the Service. You agree to keep them and not to disclose them to anyone. You shall be solely responsible for accessing the Service using your login and password, unless there is evidence of fraudulent use that is not attributable to You. In case of loss or fraudulent use of your login and/or password, You commit Yourself to immediately notify the Site by email at[arobase]carnivores.zone

4. Price of the service

The opening of an account and the use of the Service are free (except possible costs of the connection), without obligation of purchase on the Site. Only the purchase of Products from Sellers is subject to payment, under the conditions set out in the Buyer and Seller TOU.

5. Challenges

Any claim regarding the sale of a Product by a Seller to a Buyer must be made by the Buyer within 15 days of the date of receipt of the Product. This date of receipt of the Product is defined as the date of delivery provided by the carrier’s slip.

In the event of a complaint regarding a Product sold by the Seller, the Buyer may contact the Seller by sending a message directly to our Site. Seller is then responsible for resolving such claim of Buyer and will use all means in its possession to respond.

If the complaint is not resolved within 15 business days of receipt of the complaint, Buyer shall return the purchased Product at its expense to Seller and be refunded the purchase price less shipping charges.

In accordance with the legal provisions in force, there is no withdrawal period in the purchase-sale between individuals.

If a Buyer does not contact Carnivores.Zone within fifteen (15) days of receiving a Product, he/she will be deemed to have accepted the Product and will not be entitled to any compensation.

Carnivores.Zone cannot guarantee that the Seller’s Product will satisfy the Buyer. Similarly, Carnivores.Zone cannot guarantee to the Seller that the Product will not be returned or that the sale will not be cancelled by the Buyer.

Carnivores.Zone does not provide any product return service and does not cover the cost of return shipping.

Any claim for refund made directly to Stripe after these 15 days following the delivery date provided by the carrier’s slip will result in a total ban from our Site for non-compliance with our TOS.
6. Personal data

The information and data concerning you (name/first name/address/email/telephone number) are processed by Carnivores.Zone and are necessary for the management of your account and your access to the Service. The information necessary for delivery (name/first name/address/email/phone number) will be transferred to the Seller for this purpose only.

In accordance with the law “informatique et libertés” of January 6, 1978, the Buyer has a right of opposition, access, rectification and deletion on the personal data concerning him, under the conditions provided by the law. To exercise them, the Buyer must write online to the address webmaster[arobase]carnivores.zone or by mail to Olivier Capron 9 Rue Oberkampf, 91100 Corbeil-Essonnes, mentioning his name, first name, e-mail address and his Buyer ID. In accordance with the regulations in force, all requests submitted for this purpose must be accompanied by a photocopy of an identity card bearing the applicant’s signature. A reply will be sent within 2 months of receiving the request.

Carnivores.Zone uses cookies. Any person wishing to access the site must accept without reservation the use of these cookies.

7. Intellectual Property

All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright law and intellectual property law, for the entire duration of the protection of these rights and for the entire world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction, representation, modification or adaptation, in whole or in part, of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly forbidden.

The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the above-mentioned signs is strictly forbidden and must be subject to prior written authorization from the trademark owner.

Some Products are subject to specific personal rights of use that regulate copying, public distribution, rental, etc. You must respect the contractual conditions applicable to these Products and Carnivores.Zone cannot be held responsible for the use that could be made of these Products in this context.

8. Responsibility

The responsibility of Carnivores.Zone towards the Buyer can only be engaged for facts that would be directly attributable to him and that would cause him a prejudice directly linked to these facts. It cannot be held liable for indirect damages. Carnivores.Zone cannot be held responsible for the misuse of the Service by the Buyer or for any fault on his/her part. It shall not be held liable for any facts attributable to a third party to the Service.

In addition, in accordance with article 6-I, 2 and 3 of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy, Carnivores.Zone cannot be held responsible for the contents made available on the Site by the Buyers or the Sellers, in particular concerning the description of the Products or the assessments that the Buyers make of the Sellers, unless it does not make them promptly inaccessible after having been informed of their illegality under the conditions provided for by this law.

Finally, Carnivores.Zone declines all responsibility concerning the sales that Buyers conclude through its Service with Sellers, to which it remains unrelated. Any complaints regarding comments on the description of the Products or deliveries of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this regard.

The Buyer is solely responsible for the use of the Service, including the assessments made on the site, and agrees to indemnify and compensate Carnivores.Zone for any damage, loss, loss of profit that Carnivores.Zone may suffer if its responsibility is engaged by a third party, due to an action related to the use of the Service by the Buyer

9. Partial nullity

If one or more stipulations of these GCU Buyer are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will keep all their force and all their range.

10. Governing Law and Handling of Claims under the Service.

The present CGU Buyer are subjected to the French law. Any dispute relating to their interpretation and/or execution is subject to French jurisdiction.

Salesman

To use the Service, the Seller agrees to abide by these Seller Terms and Conditions of Use (hereinafter the “Seller TOU”) without reservation or restriction. This acceptance is materialized by a registration click on the Service as a Seller and a creation of a Seller account.

Carnivores.Zone reserves the right to modify the present Terms and Conditions of Sale. Any changes shall take effect immediately for online Products upon notification to Seller. They will not apply to transactions in progress at the time of their entry into force.

1. Purpose
These Seller’s GTC are defined in which conditions Carnivores.Zone proposes its tools to manage the Sale of Products by the Sellers.
2. Service

By connecting to their Carnivores.Zone account, Sellers can connect with Buyers, in order to offer them Products for sale, to reference and describe these Products, to accept orders placed by Buyers, to collect the price of the purchased Products (minus Carnivores.Zone’s commission) and to manage the after-sales service for the sold Products.

In case of non-compliance with the present Seller’s TOU, Carnivores.Zone reserves the right to temporarily or permanently interrupt access to the Service to the concerned Seller, by suspending or terminating the present Terms and Conditions under the conditions provided in Article 7.

Transactions made via the Service for the purpose of selling Products are concluded directly between the Buyer and the Seller on the one hand, and the Buyer and Carnivores.Zone on the other hand (for the commission part).
Carnivores.Zone is in no way a reseller of the Products offered by the Sellers through the Service.

3. Access to the service

Professional Sellers are not authorized to use the Service. Professional Sellers who conduct transactions with consumers are subject to specific legal provisions.

Access to the Service requires the opening of a free Marketplace Seller account, in addition to the acceptance of these Seller TOU. You must provide your identification and contact information. By opening this account, You agree to provide only accurate information, and to inform Carnivores.Zone of any changes.

You must use the username and password created when you opened your account to use the Service. You agree to keep them and not to disclose them to anyone. You shall be solely responsible for accessing the Service using your login and password, unless there is evidence of fraudulent use that is not attributable to You. In case of loss or fraudulent use of your login and/or password, You commit Yourself to immediately notify the Site by email at[arobase]carnivores.zone

4. Service transactions
4.1. General obligations

The Seller shall refrain from using pseudonyms, visuals or trade names, from making comments or messages that are contrary to public order or insulting, that would infringe on the rights of individuals or the intellectual property rights of third parties and on the laws, without this list being exhaustive. In the event of failure to do so, Carnivores.Zone reserves the right to temporarily or permanently interrupt access to the Service for the Seller concerned, by suspending the present contract under the conditions set forth in Article 7. The Seller undertakes to implement all the means to satisfy its obligations by delivering a quality service to the Buyer. He undertakes to comply with the legislation, laws and regulations that apply to him in relation to the Products he sells on the Site.

It undertakes to respond to emails from Carnivores.Zone and Buyers within 5 working days of receipt.

4.2. Obligations of the Product offers

Seller warrants that it owns the Products or has the rights to sell them. Seller will not sell counterfeit Products as defined by the Intellectual Property Code or any Products regulated by law. The Seller is solely responsible for the sale of the Products it offers on the Service. The Seller guarantees that they do not contravene any laws, norms, regulations in force and that they do not infringe the rights of third parties.

On the description page of the Products on the Site, the Seller undertakes to act in good faith. He is responsible for the information contained therein and undertakes to ensure that it is true and does not mislead the Purchasers as to the characteristics of the Product, the associated guarantees, or its price or condition. The Seller communicates to the Buyers all the information about the essential characteristics of the Product.

The Seller undertakes to ensure that the illustrations provided in the description of the Products it offers comply with the Products thus illustrated and respect the rights of third parties and that they do not infringe public order or morality. He guarantees that he has the rights related to these illustrations, which allow him to use them to present the Products.

4.3. Product Prices

The price of the Products is freely defined by the Seller. This price must be mentioned on the Site with all taxes and expenses included (VAT, eco-tax, packaging costs,…), not including delivery costs, which we add to the price of the order when it is validated by the Buyer and which depend on the delivery address of the Buyer.

4.4. Sale of Products

Sales of Products offered by the Seller on the Site are subject to a sales contract between the Seller and the Buyer. All Products offered for sale by the Seller must be available in stock to be shipped as soon as possible. Otherwise, the Seller undertakes to remove the online advertisement of the out-of-stock Product or to specify the out-of-stock condition in the characteristics of the Product. Carnivores.Zone shall not be held liable for any Product being out of stock.

When the Seller is unavailable, he must suspend the display of his products by using the “Vacation” option of his account.

At the time of a purchase of Product by a customer, the Salesman is informed by email of this one on the email used for the creation of its account. This email contains the contact information of the Buyer, the content of the order, the delivery costs and the method of payment used to pay for this order. The sums contained in this email do not stipulate the commission of Carnivores.Zone but a sum representing the share which returns to the Seller plus the commission of Carnivores.Zone.

This information is also available in the Seller’s Control Panel, in his personal space on the Site.
The Seller undertakes to ship the Product(s) within 5 working days from the date of validation if they are in stock or under the conditions defined in the description of the Product if it does not have permanent stocks.

4.5. Delivery of the Products

The Seller will respect the delivery method chosen by the Buyer at the time of his order, these available delivery methods being defined by the Seller at the time of the definition of the Product. Regarding shipping costs, Sellers are free to set their own shipping rates according to the destination countries available for delivery. Customs fees are at no time stipulated on Carnivores.Zone and are the responsibility of the Buyer.

This shipping cost schedule is filled in by the Seller at the time the Product is put online.

The product shall be packaged in such a way as to minimize the risk of potential damage due to transport. The Product is sent at the risk and expense of the Seller.

The package must contain the products ordered with a label leaving no doubt about the identification of each product.

In order to guarantee the smooth running of the Transaction, and potential claims, you agree to keep for a period of one year all shipping documents or carrier’s slip relating to orders received on the Site. These documents may be requested in the event of a dispute.

4.6. Challenges

Any claim regarding the sale of a Product by a Seller to a Buyer must be made within 30 days of the purchase of the product or within 15 days of delivery if the package or letter is tracked with a tracking number.

In the event of a complaint concerning a Product sold by the Seller, the Buyer may contact the Seller via the information contained on the Seller’s description sheet. Seller is then responsible for resolving such claim of Buyer and will use all means in its possession to respond.

If the complaint is not resolved within 30 business days of receipt of the complaint, the Buyer shall return the purchased Product to the Seller at his own expense and shall be reimbursed for the purchase price minus the shipping costs.

In accordance with the legal provisions in force, there is no withdrawal period in the purchase-sale between individuals.

If a Seller exceeds the 10% complaint threshold on all its sales, Carnivores.Zone may suspend or terminate these Seller TOU, at its discretion, and by informing the Seller.

5. Financial Considerations

The principle of operation between the Site and the Seller is as follows: At each reception of an order paid by a Buyer, a commission of 10% of the amount of the Product (shipping costs excluded) is intended for Carnivores.Zone: the shipping costs collected on the product of a Seller will be returned to him in their entirety. An example of a transaction is available in chapter 5.3.

A Stripe account and an email address associated with that Stripe account are required to accept payments from Buyers, also through Stripe.

The transfer of funds shall take place immediately upon payment by the Buyer and under the responsibility of Stripe.

All the prices mentioned on the site Carnivores.Zone are in Euro symbolized with the character €.

The limit of the sales amount per month is set at a maximum of 150 euros. Beyond this amount, the account will be blocked until the next period.

5.1 Payment via Stripe

For any payment via Stripe, the Seller immediately receives the payment from the Buyer, from which the Carnivores.Zone commission is automatically deducted, deposited on the Stripe account of Carnivores.Zone. As each party receives funds for each transaction, Sellers and Carnivores.Zone are liable for Stripe taxes, in proportion to the amount paid to them. This mechanism uses Stripe Connect.

5.2 Other types of payment
Payments by bank transfer, check, cash, or cash on delivery are not available.

5.3 Example of a transaction
  • Product price : 39,00€
  • French VAT : null
  • Shipping costs : free

Price paid by the customer : Price + Free delivery in France : 39,00€.

10% commission from Carnivores.Zone: 10% * Price = 0.1 * 39.00 = 3.90 euros

Seller’s share: Price paid by the customer – Carnivores.Zone commission: 39,00€ – 3,90€ = 35,10€.

On each of the amounts, Commission and Seller’s Share, Stripe will charge a commission Refer to Stripe’s T&Cs for the relevant information.

6. Acceptance validation

If the Buyer does not validate the receipt of the Product and does not contest this receipt within 30 days following the date of order, Carnivores.Zone considers that it has been received.

7. Notation

On the Site, a rating tool allows Buyers to evaluate the quality of Sellers. This evaluation is done after the validation of the reception of the Product by the Buyer or Carnivores.Zone. The purpose of this mechanism is to give future buyers the opportunity to know the most serious Sellers.

The score given ranges from 1 to 5, with 1 being the worst rating and 5 being the best. This note is accompanied by a free message at the discretion of the Buyer.

8. Suspension and/or Termination

The present Conditions are concluded for an indefinite period. The Seller may therefore terminate them at any time without justification by giving one month’s notice.

If these obligations are not respected by the Seller, Carnivores.Zone will send a request for compliance. If this request does not result in any major and positive action on the part of the Seller, for a period of 15 days, then this Agreement shall automatically terminate. This cancellation takes the form of a registered letter with acknowledgement of receipt.

If Carnivores.Zone judges that these breaches are too frequent or too important, (counterfeiting, inappropriate comments or insults, fraudulent behavior…), the present Conditions may be terminated at any time, without notice and without any consideration whatsoever being required by the Seller in question.

9. Personal data

Data related to any individual (the Sellers) are stored and processed by Carnivores.Zone; unless otherwise stated, they are essential to the management of the Seller’s account and his use of the Service. This data is kept in order to comply with the legal and regulatory obligations incumbent on Carnivores.Zone, as well as to allow Carnivores.Zone to improve the services offered to the users of the Site, as well as the information sent to the Seller. The Seller may receive emails related to the Service from Carnivores.Zone.

In accordance with the law “informatique et libertés” of January 6, 1978, the Seller has a right of opposition, access, rectification and deletion on the personal data concerning him, under the conditions provided by the law. To exercise them, the Seller must write online to the address webmaster[arobase]carnivores.zone or by mail to Olivier Capron 9 Rue Oberkampf 91100 Corbeil-Essonnes, mentioning his name, first name, e-mail address and his Seller ID. In accordance with the regulations in force, all requests submitted for this purpose must be accompanied by a photocopy of an identity document bearing the applicant’s signature. A reply will be sent within 2 months of receiving the request.

Carnivores.Zone uses cookies. Any person wishing to access the site must accept without reservation the use of these cookies.

The personal data of the Buyer provided to the Seller by Carnivores.Zone shall only be used by the Seller in order to respond to the Buyer’s order and delivery of the Product, as well as the legal obligations related to this order.

Once the delivery is validated by the Buyer (or Carnivores.Zone) and the sale is closed, the Seller commits without reserve not to use, sell, rent, resell or copy any personal information of the Buyer.

To avoid any problem of inappropriate behavior of the Seller or fraud, Carnivores.Zone may analyze the Seller’s personal data collected on the site. This operation allows us to know the trust index that can be given to the Seller’s account.

All information transmitted on the site is stored by Carnivores.Zone in France and may be used as evidence in case of non-compliance with these conditions.

Depending on the results of the analyses made on the Seller’s account (either during registration or during the nominal use of the site), Carnivores.Zone may take ad-hoc measures: refusal of the Seller’s registration, temporary blocking or complete closure of the account.

A file containing the problems related to the Vendors is set up, allowing to reference the various incidents.

10. Mediation service for consumer disputes

There is officially no obligation to mediate in a Business Transaction between individuals. However, Carnivores.Zone will do its best to settle any dispute between the Seller and the Buyer.

11. Responsibility

The Seller guarantees and indemnifies Carnivores.Zone at the first request against any damage suffered by Carnivores.Zone and against any liability action that would be brought against Carnivores.Zone because of the violation by the Seller of any right of a third party, including a Buyer, whether this damage results from the sale of Products, the use made by the Seller of the Service, or any other fact attributable to him. The responsibility of Carnivores.Zone towards the Seller can only be engaged for facts that would be directly attributable to him and is in any case limited to the amount corresponding to the orders made in the previous month. It shall not be liable for indirect damages, in particular the loss of opportunity to sell Products in case of unavailability of the Service. Carnivores.Zone cannot be held responsible for the misuse of the Service by the Seller.

Carnivores.Zone declines all responsibility regarding sales concluded between Sellers and Buyers through its Service. Any complaint relating to the Products (description, delivery, conditions of use, etc.) that would be brought to the attention of Carnivores.Zone will be transmitted to the concerned Seller, who will assume the entire and sole responsibility.

12. Rights
All texts, images, comments represented on the Site are strictly reserved under the copyright as well as under the intellectual property. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized. Any reproduction or representation, in whole or in part, of the Site or of all or part of the elements found on the Site is strictly forbidden.

The company names and trademarks reproduced are protected under trademark law. The reproduction or representation of all or part of one of the above-mentioned signs is strictly forbidden and must be subject to prior written authorization from the trademark owner.

13. Applicable law

The present Terms and Conditions of Sale are subject to French law.

Any dispute relating to their interpretation and/or execution is subject to French jurisdiction.

14. Partial nullity

If one or more provisions of these Seller TOU are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other provisions shall retain all their force and scope.