These Terms and Conditions of Use (hereinafter, "T&Cs") apply to the services that the company Load & Pay ("we") offers on its platform, accessible via the website https://loadandpay.com/ or any other application that we may be required to offer subsequently.
Load & Pay is a simplified joint stock company with a capital of 10,000 euros, whose registered office is located at 30 avenue Alexandre Flemming, 38 300 Bourgoin-Jallieu, France, and which is registered in the Vienne trade and companies register under number 901 160 994.
The services we offer are legally "auction brokerage services carried out remotely by electronic means" as specified in Article L. 321-3 of the French Commercial Code. We offer you these services, whether you are a professional or a private individual.
These services consist of the provision of a platform, accessible via the Internet, allowing buyers and sellers of exclusive vehicles to be brought together in a framework of trust, i.e. vintage cars, collector vehicles, sports vehicles, modern vehicles with exclusive equipment (special series, limited editions, for example) and even, where applicable, spare parts or car accessories, hereinafter referred to as the "Vehicles".
The Users are the only ones to decide on the purchase and sale of the vehicles.
We invite you to read these contractual terms and conditions of use of our services ("T&Cs") carefully. They apply to the use of all the services we offer via our Platform (comprising the website including its sub-pages and sub-domains, our applications for mobile devices, tablets and other smart devices, our application program interfaces).
If there is conflicting information between the French version of our T&Cs and its translation into other languages, the French version shall prevail.
The acceptance of these contractual conditions and their respect are necessary in order for you to benefit from our services. We also give you the possibility to print this document.
We also invite you to read carefully the Load & Pay privacy policy which is brought to your attention when you sign up for our services and which describes the way in which your data is processed.
In addition, pursuant to Article L. 342-1 of the Intellectual Property Code, we prohibit the downloading of all or a quantitatively substantial part of our platform and the information contained therein by using robots or any other manual or automatic extraction process.
On our Platform, you can offer to buy or sell exclusive vehicles, i.e. vintage cars, classic cars, sports cars, modern vehicles with exclusive equipment (e.g. special series, limited editions) or even, if applicable, spare parts or car accessories (the Vehicles). Sellers describe in detail what they are offering for sale (the "Offers"). The posting of an ad is free for the seller under the condition that he commits himself not to sell his Vehicle during the auction period.
The users who connect to the Platform are "Users" who can either consult the offers, or put their ad online (the "Sellers"), or bid to be put in contact with a Seller (the "Bidders"). Access to our Platform is reserved for natural persons of legal age and full legal capacity, or for legal entities.
These T&Cs apply to all Users, knowing that some clauses provided in this document and specifically indicated as such apply only to Bidders and others only to Sellers.
Before being able to propose a purchase price on an Offer, Bidders are required to authorize payment by credit card for a specific amount, corresponding to a provision on Load & Pay commission. During an auction process, only the Bidder with the highest financial proposal for the Offer at the end of a maximum period of 7 calendar days (and subject to having reached or exceeded the agreed reserve price) – called "Selected Bidder" - will be effectively debited with the amount in question, the payment authorizations of other Bidders not being activated by Load & Pay.
For this purpose, Load & Pay will use a third party payment service provider, whose use is governed by its own terms and conditions and privacy policies.
Sellers are responsible for the Offers they make. Although we have put in place rules designed to build trust between Bidders and Sellers, we have no control over, and cannot be held responsible for, the quality, safety, legality or accuracy of Bids. As an operator of the Platform, Load & Pay only plays an intermediary role by offering its services of connection.
After having paid the balance of the commission agreed for this service of setting in relation, the Selected Bidder is communicated by Load & Pay the details of the Seller.
Following this connection, it is up to the Seller and the Selected Bidder to conclude a purchase contract ("Sales Contract") for the financial amount proposed by the Platform, i.e. the amount of the bid minus the total amount of the commission previously paid, it being understood that additional costs may apply in order for the Selected Bidder to take possession of the Vehicle (costs related to import formalities, vehicle homologation, transport costs, various taxes including ecological malus, etc.).
Load & Pay is not a party to this Sales Agreement. It is the responsibility of both Sellers and Bidders to negotiate the Sales Contract in good faith and to pay careful attention to the following:
The simple consultation of the Platform by a User is free and can be done without creating an account on the Platform.
However, this use must be done in accordance with applicable laws and in compliance with the rights of Load & Pay, including its intellectual property rights. Thus, pursuant to Article L. 342-1 of the Intellectual Property Code, we prohibit the downloading of all or a quantitatively substantial part of our platform and the information contained therein by using robots or any other manual or automatic extraction process.
Users are also strictly forbidden to reproduce or reuse any information, advertisement, document, photograph or, in general, any reference to the Offers presented on the Platform that is not an Offer for which they are themselves a Seller.
3.a. Access to the Platform
In order to access the Platform, you must have the appropriate hardware (computer, smartphone, tablet, etc.), an internet connection and, if applicable, the necessary software. The communication protocols used are those in use on the Internet. Access to the Platform itself is free of charge, but the costs of access and use of the telecommunications network, such as the costs associated with the use of remote communication technology, remain at your expense, in accordance with the terms and conditions set by your access provider and your telephone operator.
The Site is optimized for the following browsers in their last updated version or, in the worst case, in one of the last two previous version:
Unfortunately, we cannot guarantee access or proper use of the Platform or the services that may be offered on it from other versions or browsers.
3.b. Create an account on the Load & Pay website
To benefit from the services offered by the Platform, such as matchmaking services, you must create an account on it.
This account can be used as a Seller or as a Bidder, as the same User can be a Seller of a particular Offer and a Bidder. Depending on the use of the account chosen by the User, different additional information may be requested by Load & Pay via the Platform.
You can find all the information concerning the reason, the framework or the security of this information in the document "Privacy Policy".
Eventually, when you create your online account on the Platform, we will also offer you the possibility, if you wish, to use the accounts you may have on different social networking platforms (Facebook, LinkedIn, etc.) to log in and pre-fill your information. In general, however, we encourage you to be aware of the consequences of choosing a third-party provider both in terms of the security of your data and the hosting of your data in countries outside the European Union (see our "Privacy Policy" accessible through this link for more details on these issues).
In all cases, you agree to provide information (first name, last name, email, country of residence, etc.) :
When creating your account, and in the event that we offer you to choose a username/pseudonym, it is your responsibility to choose one that is or can be considered neither offensive, nor vulgar, nor contrary to applicable regulations such as intellectual property, nor contrary to these T&Cs. You will not be allowed to adopt a username that infringes on a registered trademark, a company name or any other directly or indirectly identifiable data. We will retain the ability to refuse to create the account or, after the fact, to ask you to change your username.
Access to your online account will be possible by means of an identifier (your e-mail address) associated with a password that you must choose during the registration procedure and that must respect the security rules (complexity, length, etc.) indicated on the screen at that time. It is therefore essential, for the security of your data, that you choose a complex password and that you ensure its confidentiality.
This password must be strictly personal and confidential and must not be communicated or shared with third parties. We remind you that the reuse of the same password for different sites or services multiplies the risks of identity theft, the lack of security of a site can alter the security of all the others applying the strictest security rules (credential stuffing attack).
If you have reason to believe that your password could be known by a third party, we invite you to request a reset immediately from the login interface in order to invalidate your previous access to the platform.
Registration on the Platform is for an indefinite period. These T&Cs apply to you for the duration of your use of any of the services and a fortiori until the closure of your customer account.
You may request the closure of your online customer account at any time and without cause as long as you are not involved in an ongoing auction process, either as a Seller or as a Bidder. In this case, the closing takes place only after the full payment of the commission provided for the connection.
In the event of prolonged inactivity of your account, and in the absence of participation in an auction on an Offer, we may contact you to find out if you wish to close your account.
3.c. Managing your account as a Seller
Placing an Offer on the Platform is free of charge for the Seller provided that he undertakes not to sell the Vehicle concerned during the auction period. Any sale in contradiction with this rule will oblige the Seller to owe Load & Pay a lump sum of EUR 1 000 excluding VAT as a penalty clause unless he provides a reason justifying this sale to the satisfaction of Load & Pay.
When managing your account as a Seller, you must provide the information indicated by the Platform and in particular:
In the same way, the placing of the advertisement concerning your Vehicle on our Platform necessarily assumes that you describe it as accurately as possible (detailed, true, complete and precise description of the Vehicle concerned by the Offer and its state of wear and tear), in particular by providing all the photographs requested by the Platform. Such photographs must be clear and show accurately the current condition (including any defects or imperfections), features and other details of the Vehicle concerned. You must check the Offer as it appears online on the Platform and ensure that it corresponds in every respect to the most recent situation.
When making an Offer available on the Platform, you must indicate whether you are using the Platform as a professional or as a consumer. We would particularly like to draw your attention to the penalties that you may incur if you act in a professional capacity while presenting yourself as a consumer, pursuant to the provisions of Article L. 132-2 of the Consumer Code (two years' imprisonment and a fine of 300,000 euros, or even a percentage of average annual turnover).
You are a Professional User if you interact with the Platform in the context of your commercial, industrial, artisanal or professional activity. Any activity of a volume or amount greater than the standard use of the Platform by a consumer may be presumed to be made on a professional basis. In addition, Load & Pay may at any time ask any User to justify his qualification as a consumer on the Platform, which must provide any useful justification within the time limits specified. In all cases, Load & Pay reserves the right to automatically apply this qualification to the User.
It is also absolutely necessary that you indicate in the Offer:
Load & Pay reminds you that as a Seller, whether you are an individual Seller or a professional Seller, you are personally committed to respecting the applicable tax and commercial legislation. In particular, if you are a professional Seller, it is your responsibility to ensure your social and fiscal declarative obligations towards the Selected Bidder, to respect, if necessary, the regulations on electronic and electrical equipment waste, as well as the guarantee of conformity, the commercial guarantees or to establish an invoice free of charge in accordance with the legal requirements for the benefit of the Selected Bidder
In particular, you agree that you will have all necessary rights (without infringing any third party rights or any applicable regulations) to the future sale of your Vehicle at the time the Offer is made and until the future sale of your Vehicle under the subsequent Sale Agreement.
Load and Pay reserves the right to refuse to put the Offers online if it has objective reasons or a concordant set of indications leading it to determine that:
3.d. Managing your account as a Bidder
When managing your account as a Bidder, you must provide the information indicated by the Platform and in particular a copy of an official identity document.
You can use our Platform to communicate with a Seller. However, you must abide by these T&Cs in such use and may not, for example, send unsolicited advertisements or promotions, requests for donations or spam, insult, harass or discriminate against other Users, or exchange information in order to obtain the Seller's contact information or any other conduct that has the purpose or effect of entering into a Sales Contract with a User without paying Load & Pay's commission
As a Bidder and on the date you place your bid, you agree to be able to:
We draw your attention to the fact that additional costs may apply to you so that you can take possession of the Vehicle (costs related to import formalities, vehicle homologation, transport costs, various taxes including ecological malus, etc.). You can find more information on the dedicated pages of the Platform.
3.e. Specificity of the creation of a professional account on the Load & Pay Platform
When creating an account operated on a professional basis, the natural person having completed the information ("the User") and accepting these T&Cs personally undertakes to us to have all the powers and authority necessary to validly bind the legal entity that he or she designates in the registration form, in the "your personal information" section and, more generally, for all the information that he or she communicates to us concerning this entity ("the Company" or "you").
The User thus acknowledges that he/she can validly bind the Company (you) with regard to all acts that the User performs via the Platform and, more generally, when he/she is in contact with us.
The Company (you) likewise recognizes that the User may validly bind it with respect to all the acts it performs via the Platform and, more generally, when it is in a relationship with it.
Depending on the technical developments that we will propose in the future, you may have the option of delegating the use of all or part of the Services to other individuals representing you, if necessary by giving them different authorisations depending on the functionalities they need to access. If this delegation is activated and operational, you undertake that these persons have the necessary authority and powers to validly bind you and you will be directly responsible for all the operations they carry out.
These T&Cs are enforcable to all these persons as well as to the User. You therefore undertake to inform them specifically of the rules they undertake to respect and you vouch for them.
The User must, at the time of registration, indicate a valid e-mail address. We draw your attention to the importance of using a messaging system that is as secure as possible, and in particular that is as respectful as possible of the confidentiality of messages passing through it. In this respect, we decline all responsibility for the consequences of the choice by the User of an unreliable messaging system or one that does not respect the confidentiality of the information exchanged or that is not under your direct control.
3.f. The services we offer
Through the Platform, we offer you services to put you in contact with others via auctions in order to buy or sell Vehicles.
In our constant concern to improve our platform and to offer you ever more innovative services, we will be able to offer you a wider range of services in the coming weeks and months. These services may then be subject to special contractual terms and conditions in derogation of these T&Cs. The essential characteristics of each of these specific services will be described on the Platform and we invite you to read them carefully before subscribing.
As a Bidder or Seller on our Platform, and as specified in your registration form, we may be able to inform you of our news or the latest developments on our Platform via the contact details you have provided
You also have the possibility to subscribe to our alerts to inform you about new Offers on the Platform that might be of interest to you.
You can also consult free of charge, as a User, and without the need to create a customer account, a certain number of our contents, the number of which may vary over time.
Other services, and in particular participation in auctions or the proposal of Bids, require the creation of a customer account as presented above, at the time of which you will have to indicate certain information concerning you (email, password, quality of private individual or professional, etc).
Our Platform may not be available to Users residing in certain countries. This includes countries where our third party payment providers are not supported.
3.g. The contents that you put online as User
As part of your use of the Platform, you may be required to post content online (questions asked as a Bidder, description of the Vehicle as a Seller, answers to Bidders' questions, messages, etc.).
In this context, you are responsible for these contents and the rules that would apply to them. In particular, you agree to hold all intellectual property rights applicable to the content made available, or any image or property rights, and not to publish content that infringes the intellectual property rights or not of third parties.
In order for us to reproduce your content on our Platform, you must grant us a license to do so, it being understood that you remain the full owner of this content. You hereby grant us a free, non-exclusive, perpetual and irrevocable license to communicate your content on our Platform to the public, which includes:
We have provided on the Platform for interaction (questions/answers, etc.) between Users, giving them the opportunity to obtain all the information necessary for their informed bids and thus building trust between Users. In order to keep the content published informative and not to harm anyone, you agree to respect the following rules. Thus, you will not publish:
Users can contact Load & Pay to remove or modify content that does not comply with these rules at info@loadandpay.com.
3.h. Auction procedures
The starting price of the sale is defined by Load & Pay.
Before being able to propose a purchase price on an Offer, Bidders are required to authorize payment by credit card for a specific amount, corresponding to a provision on Load & Pay commission
At the end of the time indicated on the Platform for bidding on a Bid, the Bidder who has made the highest financial offer for the Bid (and subject to having reached or exceeded the agreed reserve price) – will be designated as the "Selected Bidder".
If the price indicated by the Seller as the "Reserve Price" has not been reached during the auction, no Selected Bidder is appointed.
Commission fees will not be charged to Bidders other than the Selected Bidder.
The Selected Bidder will have to pay the balance of the commission by bank transfer, in addition to the provision on commission costs provided for at the time of registration for the auction. Load & Pay will issue the invoice for the agreed commission.
After having paid the balance of the commission agreed for this service of setting in relation, the Selected Bidder is communicated by Load & Pay the details of the Seller.
Following this connection, it is up to the Seller and the Selected Bidder to conclude a contract ("Sales Contract") for the financial amount offered by the Platform. The service of Load & Pay is a service of introduction between buyer and seller, the commission of introduction by Load & Pay will be due even if the sales contract was not ultimately concluded.
Load & Pay may propose, if necessary, a list of potential partners useful for the completion of the transaction (carriers, specialists in the approval of vehicles outside the EU, ...), knowing that Load & Pay is not a party to the Sales Contract.
It is thus up to the Sellers as well as to the Bidders to negotiate the Sales Contract in good faith and to pay close attention to all the stipulations provided for in the Sales Contract, as well as to the applicable legislative and regulatory provisions, whether the contract is concluded between two consumers (application of the rules of the Civil Code), a consumer and a professional (application of the rules of the consumer law, in particular if the professional is a Seller) or between two professionals (application of the rules of the Commercial Code).
If we have reason to believe that the auction process does not comply with these Terms and Conditions, does not comply with the applicable regulations or could be the subject of a serious dispute at a later date (obvious error by the Bidder, etc.), we reserve the right to cancel or postpone the auction process on a Bid, or even to remove a Bid from the Platform.
3.i. Right of withdrawal
With regard to our online services, the fourteen (14) day withdrawal period applies until the start of the service if you request its immediate execution, in accordance with Article L. 221-18 of the French Consumer Code. However, you expressly agree that the placing of a bid shall be deemed to be the immediate performance of the service and that the right of withdrawal shall no longer apply from that moment on.
In the case of sales contracts between the Seller and the designated Bidder for which we are not responsible, we inform you that the existence of the right of withdrawal, which only applies to distance sales, depends on the quality of the Seller. We would like to draw your attention to the fact that if the seller is a private individual who does not sell professionally, no right of withdrawal will apply to the sale.
In the context of the use of the Platform, the contract concluded between Load & Pay and you on the basis of these T&Cs is for an indefinite period and these T&Cs apply to you throughout the use of any of the features of the Platform and a fortiori until the closure of your user account.
You may cease to use the Platform and to benefit from our services at any time by terminating the contract, but these T&Cs will continue to apply to the auctions in progress prior to such termination.
These T&Cs will continue to apply to your use of the Platform until the end of the notice period or your use of the Platform or our services if it continues after the end of the notice period.
Similarly, Load & Pay may terminate the contract at any time, without having to justify it, and subject to the expiry of a one (1) month notice. In case of breach by the User of these T&Cs or if we should be legally required to limit our services to you, the termination of the contract by Load & Pay may be done without notice and without giving rise to any compensation.
We charge a commission for your use of our services. The amount of the expected commission is paid by the Bidders. Its amount is indicated on the Platform and reminded before any auction procedure.
The commission, as well as the price of any additional service, is specified in euros, all taxes included, any bank charges remaining at your charge. The rate applied will correspond to the price indicated at the beginning of the auction, except in the case of an obvious display error.
You agree that you have all the necessary authorizations to use the chosen payment method.
For our part, we undertake to take the necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment. For example, we use leading payment service providers who use proven security solutions (SSL/TLS, 3D Secure, etc.). For credit card payments, we use the services of our payment service provider Stripe. The payment information - which you will provide in the online area of this provider - will never be transmitted to us.
Use of Stripe's services is governed by its own terms and conditions and privacy policy, which we encourage you to review.
If services remain unpaid at the end of a period of ten (10) days following the date of the order or upon notification of the rejection of the bank payment, we will apply, without prior notice, penalties in an amount equal to the legal interest rate, to which will be added any collection costs incurred.
In general, we reserve the right to suspend or cancel the execution of a service in case of non-payment or partial payment of the service.
6.a. Your responsibility
In general, you are solely responsible for:
By using our Online Platform, you are obliged to comply with all applicable national, European and international regulations regarding online auction brokerage.
Furthermore, regarding the services that may be made available free of charge, only a reasonable consultation and/or use of these services is permitted by these T&Cs. We reserve the right to limit or even block access to certain services if the volume of use by a single customer account becomes abnormal. This will also be the case if we find that the same User opens several accounts on the Platform.
The use of our services in general, and in particular your customer account on the Platform, must not be misused and lead, for example, to the posting of illegal content or statements.
More generally, you agree to comply with the legal and regulatory provisions in force and you will not, in particular (non-limitative list):
It is recalled that the fact of fraudulently accessing or remaining in a computer system, of hindering or distorting the operation of such a system, of fraudulently introducing or modifying data in a computer system constitutes offences subject to criminal sanctions.
6.b. The consequences of non-compliance with the T&Cs
In the event of a breach of any of the obligations set out in these T&Cs, we reserve the right:
In addition, we may claim compensation for the damage we have suffered as a result of this behaviour.
In addition, in the event of a complaint or claim initiated by a third party or another User and addressed to us, due to information, data from you, or your behavior, you must immediately provide us with all explanations and evidence, and answer, in all cases, vis-à-vis us as well as third parties whose rights you have infringed, for any damage as well as for the possible consequences of your actions with regard to the applicable legal or regulatory provisions, including those involving criminal liability. In this case, we reserve the right to apply the same blocks, limitations and restrictions as those set out above.
6.c. Our responsibility
Sellers are responsible for the Offers they make. Although we have put in place rules designed to build trust between Bidders and Sellers, we have no control over, and cannot be held responsible for, the quality, safety, legality or accuracy of Bids. As an operator of the Platform, Load & Pay only plays an intermediary role by offering its services of connection.
With regard to the documents that you may be required to send us as part of our services, we only accept copies and under no circumstances originals. If you nevertheless send us original documents, you do so under your sole responsibility and we cannot be held liable in any way for the loss or damage of these documents
We use all reasonable means at our disposal to ensure quality access and constant availability of the Platform, but are under no obligation to do so. We therefore reserve the right to interrupt or temporarily suspend access to the Platform without notice, in particular in order to ensure maintenance or in the event of force majeure, without the interruption giving rise to any right to compensation.
Insofar as permitted by mandatory laws, we shall not be liable for damages of any kind, whether direct or indirect, resulting from the use of our services. Similarly, we cannot be held responsible for:
At the time of writing this version of the T&Cs, our activities are covered by professional liability insurance taken out with HISCOX, under the contract reference HA PRC0255118, which applies to all activities carried out by the company on French and European territory.
As part of the services we provide, we may collect and process some of your personal data.
With regard to Regulation (EU) 2016/679 of 27 April 2016, known as the "General Data Protection Regulation" (GDPR) and Law No. 78/17 of 6 January 1978, as amended, known as the "Data Protection Act", Load & Pay is responsible for processing this data
The purposes, the types of information collected, the length of time we keep the data, your rights to information and the high level of security we use to protect your data are more precisely described in the " Privacy Policy ». We invite you to read it, you will find all the useful information.
The Platform contains information provided by external sites or links to other websites that we did not develop or administer. Nor do we review the reasonableness or timeliness, accuracy or completeness of the content of these sites. It is therefore up to you to use this information with discretion, it being understood that we cannot be held responsible for its content.
All the contents of the website (images, texts, videos, databases, etc.) are subject to French and international legislation on intellectual property (copyright, trademark law, database law, etc.).
All elements of the Platform, including but not limited to trademarks, logos, texts, data, drawings, graphics, photos, animations, sounds, computer codes, arrangements, assemblies of all or part of an element of the Platform including downloadable documents, are and remain our property, those of the Sellers concerning the data and contents of their Vehicles or those of our assigns. The design, form and content of the Platform are our exclusive property.
We only grant you permission to view the contents of our Platform on a personal and private basis, to the exclusion of any public viewing or distribution. Authorisation to reproduce is granted only in digital form on your computer for the purpose of viewing the pages consulted by your browser. Any other use (such as reproduction of trademarks and logos, extraction of all or part of the databases, etc.) is prohibited without our prior and express authorization.
Any reproduction, representation, distribution or redistribution, in whole or in part, of an element of the Platform by any means whatsoever without our express prior authorisation is prohibited, and would constitute an infringement punishable by the legislation in force, including criminal law.
You are and remain the sole owner of any rights to the content that you publish via the Service ("User Content") under your sole responsibility.
By publishing content on the Platform and so that we can reproduce on our Platform your content as provided in Article 3.e, you agree to grant Load & Pay a license to access, store, use, reproduce, adapt, publish and process the data published on the Platform to ensure the execution of these T&Cs, the operation of the services offered by Load & Pay, but also for the purpose of publicity, which includes:
This license is worldwide, non-exclusive, transferable, sublicensable, and royalty-free. It is granted for a reasonable period of time after you have removed the said content and includes in particular:
You warrant that the content you transmit to the Platform, including all signals, writings, images, sounds or messages of any kind posted by you (including any content related to an Offer such as text, graphics, logos, names, trademarks, designations, tabs, features, data, photographs and any other element) is in compliance with applicable laws and regulations and that its dissemination on the Platform Load & Pay does not infringe or violate any intellectual property right of a third party.
If you believe that any of the content posted is illegal or infringes on the rights of third parties, we invite you to report this to us by e-mail at info@loadandpay.com. In accordance with the law for Confidence in the Digital Economy and within the framework of what the law provides, we may block or remove the content in question.
In addition, we remind you that under Article L. 342-1 of the Intellectual Property Code, we prohibit the downloading of all or a quantitatively substantial part of any database accessible through the Platform by using robots or any other automatic extraction process.
You acknowledge and agree that the validation of these T&Cs constitutes an electronic signature which will have, in our relationship, the value of a handwritten signature.
Pursuant to the provisions of the Civil Code, you also acknowledge and agree that the digital data recorded on the servers belonging to us, or placed under our control and kept in reasonable conditions of security, shall be considered as proof of any Offer, instruction, order, payment, use of a service or any other exchange (electronic messages, your connections on the Platform, etc.) between us. These computer records are admissible under the same conditions and with the same evidentiary force as any document that would be established, received or kept in writing and will be evidence between you and us until proven otherwise.
In application of the provisions of the Civil Code, you accept by the present T&Cs that we can send you by electronic mail the information which would be necessary for the subscription or the supply of a service, as well as, more generally, any information sent within the framework of the execution of the T&Cs. We will use the e-mail address you provide in your customer area or that you have given us elsewhere.
If any of the provisions of these T&Cs were to be found null and void with regard to a rule of law in force or a judicial decision that has become final, it would then be deemed unwritten, without invalidating these T&Cs or altering the validity of its other provisions.
We reserve the right to subcontract all or part of the services we offer to any third party of our choice.
The fact that one or other of the parties does not claim the application of any clause of the T&Cs or acquiesces in its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by that party of its rights arising from the said clause.
We reserve the right to modify and update the T&Cs as the services we offer evolve. We will, of course, notify you via the Platform of any changes made. These will be applicable one month after this information.
However, these changes will take effect upon their notification by Load & Pay to the User in cases where (i) a legal or regulatory obligation would require Load & Pay to make these changes in a way that does not allow it to meet the deadline, (ii) these changes would be made necessary by a situation of emergency and / or imminent danger, (iii) these changes would be in favour of the User or would only be semantic changes, explanatory, not affecting the rights and obligations conferred by the T&Cs, or (iv) in case of creation of new features of the Platform or new services if the User wishes to benefit immediately.
The validity, interpretation and execution of these T&Cs are subject to French law
In the event of a dispute relating to these Terms and Conditions, we ask that you first send a written complaint to Load and Pay – Customer Service - 30 avenue Alexandre Flemming, 38300 Bourgoin-Jallieu, France so that we can try to resolve the dispute together
If you are a consumer and you are not satisfied with the proposed solutions, you have the option of turning to a consumer mediator or a European platform for out-of-court settlement of disputes such as the ODR platform.
In the event of termination of the contract between us for any reason, the provisions of Articles 1, 3, 6, 16 and 17 shall survive for the period specified in the aforementioned Articles;
In case of non-compliance with any of the obligations placed on you or us, the one who will suffer from this non-compliance will have the possibility to terminate by right the present Pro T&Cs after formal notice remained unsuccessful within eight (8) days, including if Services are in use;
We reserve the right to terminate these T&Cs under the same conditions set out above if you are affected by one of the collective procedures provided for by law (judicial liquidation, recovery, etc.);
It is your responsibility to provide the User with the technical, software and human resources required to ensure the proper functioning and security of exchanges on the Internet with us (antivirus, firewall, patch management, etc.);
Regardless of the basis or procedure followed to enforce it, our potential liability for the performance of these T&Cs will be limited as the case may be to an amount not exceeding the total amount excluding tax that you paid for the provision of the services in the three (3) months prior to the action giving rise to the liability or the total commission that we received from you as a User in the three (3) months prior to the action giving rise to the liability;
You expressly agree not to solicit for employment or hire directly or indirectly any member of our staff. In the event of non-compliance with this obligation, we reserve the right to claim damages. This obligation shall commence on the date of the conclusion of these T&Cs and shall terminate five (5) years after the termination of these T&Cs for any reason;
Any claim for defective performance of our services expires twelve (12) months after the date on which it becomes due;
The T&Cs are accepted in good faith by the Parties who undertake to examine together in the greatest spirit of consultation any difficulties that may arise during their execution. In the event of a dispute between the Parties, they shall make every effort to resolve the dispute amicably. In the event that the Parties are unable to reach an agreement, they may have recourse to mediation. They then submit their dispute to the Bercy Mediator for inter-company relations. The Mediator's mission is to facilitate negotiations between the Parties in order to help them find a solution to their dispute. The duration of the mediation may not exceed three (3) months from the date of referral to the mediator, unless the Parties expressly agree otherwise. Any costs incurred by the mediation shall be borne equally by each of the Parties. In the absence of an amicable solution, any dispute concerning the validity, interpretation or execution of these T&Cs will fall under the exclusive jurisdiction of the competent courts of the Court of Appeal of Lyon, France, notwithstanding multiple defendants or warranty claims. The obligation to respect the above time limit shall not apply to emergency or conservatory proceedings, in summary proceedings or on application
This version of the Terms and Conditions of Use has been updated as of October 15, 2021.