Terms of Use - Individual

These General Terms of Use (hereinafter the "Terms of Use") are intended to define the terms and conditions of use of the StoFlow service (hereinafter "the Service") by any User acting as a consumer, within the meaning of the preliminary article of the French Consumer Code, that is to say any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity.

They define the rights and obligations of the parties in this context and are accessible and printable at any time by a direct link at the bottom of the page of the site.

They may be supplemented, where applicable, by terms of use specific to certain services. In the event of a contradiction, the specific terms prevail over these Terms of Use.

The Service is accessible free of charge, from anywhere, to any user with Internet access. All costs incurred by the user to access the service (computer hardware, software, Internet connection, etc.) are borne by the user.

A non-member user does not have access to the reserved services. To obtain such access, the user must create a user account by completing the registration form.

Nature of the commitments: enhanced obligation of means. Stokode SARL is bound by an enhanced obligation of means: it implements all reasonable technical, human and organisational means to ensure the proper functioning and availability of the Service, actively monitors incidents and acts diligently to resolve them. However, Stokode SARL guarantees neither the uninterrupted availability of the Service, nor its conformity with the User's own commercial objectives, nor the performance of the third-party marketplaces with which the User chooses to connect the Service.

Stokode SARL also cannot be held liable for any malfunction of the network or of the servers or for any other event beyond its reasonable control, which would prevent or degrade access to the Service.

Stokode SARL reserves the right to interrupt, temporarily suspend or modify, without notice, access to all or part of the Service, in order to carry out maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

StoFlow is a SaaS (Software as a Service) platform for multi-marketplace e-commerce management allowing users to:

• Centralise the management of their products from a single interface
• Publish their products on different marketplaces (Vinted, eBay, Etsy, etc.)
• Automatically synchronise their stock and prices
• Manage their orders and shipments
• Use artificial intelligence tools to optimise their listings
• Track their sales performance

The features available depend on the subscription plan taken out by the user. The details of the features are available on the pricing page of the site.

4.1 Account creation
Use of the Service requires the creation of a user account. The user must provide accurate and complete information at registration, in particular:

• Last name and first name
• Valid email address
• Secure password

4.2 Account security
The user is solely responsible for keeping their login credentials confidential. Any use of the Service made from the user's account will be deemed to have been made by the user.

In the event of loss, theft or fraudulent use of their login credentials, the user must immediately inform Stokode SARL at contact@stoflow.com.

4.3 Account deletion
The user may at any time request the deletion of their account by contacting support or via their account settings. Deletion results in the permanent loss of all data associated with the account, subject to legal retention obligations.

The user undertakes to use the Service in accordance with these Terms of Use and with the regulations in force. In particular, the user is prohibited from:

• Using the Service for illegal purposes or purposes contrary to good morals
• Distributing unlawful, defamatory or insulting content, or content that infringes the rights of third parties
• Attempting to fraudulently access the computer systems of Stokode SARL
• Using unauthorised robots, scripts or other automated means
• Reselling, assigning or transferring their account to a third party without authorisation
• Circumventing the technical limitations of the Service
• Using the Service to send unsolicited communications (spam)

In the event of a breach of these obligations, Stokode SARL reserves the right to suspend or terminate access to the Service without notice or compensation.

6.1 Rights of Stokode SARL
All the elements making up the Service (software, databases, texts, images, graphics, logos, etc.) are the exclusive property of Stokode SARL and are protected by intellectual property laws.

Any unauthorised reproduction, representation, modification or exploitation of these elements is strictly prohibited and constitutes an infringement.

6.2 User content
The user retains all of their intellectual property rights in the content that they publish via the Service (product descriptions, images, etc.).

By using the Service, the user grants Stokode SARL a non-exclusive, worldwide and free-of-charge licence to use this content, for the sole purpose of providing the Service (display, publication on marketplaces, etc.).

The Service allows the User to interact with third-party marketplaces (Vinted, eBay, Etsy, Leboncoin, Vestiaire Collective, and any other marketplace integrated at a later date). The User acknowledges and accepts that:

1. These marketplaces are legal entities distinct from Stokode SARL, with which Stokode SARL does not necessarily have a direct contractual relationship.
2. The User has entered into, or will enter into at registration, a direct contract with each of these marketplaces, including general terms of use specific to each marketplace.
3. The User undertakes to read and comply with the general terms of use of each marketplace that the User chooses to use via the Service.
4. Stokode SARL is not a party to the contracts entered into between the User and these marketplaces, and cannot be held liable for the decisions taken by these marketplaces concerning the User's account (suspension, restriction, closure, etc.).
5. In the event of a sanction imposed by a marketplace against the User's account, Stokode SARL will provide reasonable technical assistance to understand the cause of the sanction, but cannot commit to the reinstatement of the account or to the compensation of associated commercial losses.
6. The features of the Service relating to each marketplace may be suspended, modified or removed in the event of a change in the technical or contractual conditions of the marketplace concerned. Stokode SARL will inform the User of such changes to the extent reasonable.

Stokode SARL publishes and keeps up to date, at stoflow.com/docs/marketplaces/bonnes-pratiques-marketplaces , recommendations intended to help the User use the Service in a manner that complies with the conditions of third-party marketplaces and with resale best practices.

The User undertakes to read these best practices before using the Service and to comply with them. A new acceptance may be requested in the event of substantial changes.

The User's established failure to comply with these best practices releases Stokode SARL from any liability for the resulting consequences, in particular in the event of a sanction imposed by a third-party marketplace, and may justify the suspension or termination of the Service by Stokode SARL after formal notice.

In the context of the use of the Service, Stokode SARL is required to collect and process personal data of the user.

The user is invited to consult the Privacy Policy to learn about the terms of collection, processing and protection of their personal data.

8.1 Liability of Stokode SARL
Stokode SARL undertakes to implement all necessary means to ensure the continuity and quality of the Service. However, its liability cannot be engaged in the event of:

• Force majeure or the act of a third party
• Malfunction of communication networks
• Temporary unavailability of the Service for maintenance
• Non-compliant use of the Service by the user
• Acts of third-party marketplaces (Vinted, eBay, Etsy, etc.)

8.2 Regime applicable to the consumer
The liability of Stokode SARL is exercised in accordance with the general law and the protective provisions of the French Consumer Code. No automatic exclusion of indirect damage and no liability cap is enforced against the consumer in the event of direct damage resulting from a fault of Stokode SARL. These provisions do not apply in any event in the case of gross negligence, fraud, bodily injury or infringement of mandatory legal guarantees.

8.3 Legal guarantees
As a consumer, the User benefits from the legal guarantees provided for by the French Consumer Code, in particular the legal guarantee of conformity (articles L.217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), to the extent applicable to a digital service provided for consideration.

Stokode SARL may amend these Terms of Use to take account of legal, regulatory or technical developments, or to develop the Service. Users are informed of any amendment by email or by notification in the interface of the Service.

The new Terms of Use enter into force thirty (30) days after their notification. Continued use of the Service after this period constitutes acceptance of the new Terms of Use. Purely formal amendments or amendments favourable to the User (editorial corrections, addition of free features) take effect immediately.

If the Consumer User does not accept the new Terms of Use, they may terminate their account at no cost or penalty before their entry into force, and obtain a pro rata refund of the unused portion of the subscription period. This option is implemented on simple request sent to contact@stoflow.com.

Severability. If one or more provisions of these Terms of Use are held to be invalid, unlawful or unenforceable by a competent court, the other provisions remain fully in force. The parties undertake to replace the invalidated provision with a valid stipulation producing effects as close as possible to their original intention.

Non-waiver. The fact that Stokode SARL does not, at a given time, rely on any of the provisions of these Terms of Use cannot be interpreted as a waiver of the right to rely on it subsequently. No tolerance and no period of application creates a vested right for the benefit of the User.

These Terms of Use are governed by French law.

In the event of a dispute relating to the interpretation or performance of these Terms of Use, the parties will endeavour to find an amicable solution.

Consumer mediation
In accordance with articles L.611-1 et seq. of the French Consumer Code, the consumer User has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between the User and Stokode SARL. The competent mediator is in the process of being appointed; their contact details will be provided on this page as soon as they are available.

The consumer User may also have recourse to the European online dispute resolution (ODR) platform accessible at https://ec.europa.eu/consumers/odr .

In the absence of an amicable agreement, any dispute will be submitted to the competent courts in accordance with the general rules of law applicable to consumers.