Terms and Conditions of Use

Last updated on September 7, 2023

PREAMBLE

The company PLACEMED (hereinafter "MangaKif") operates the MangaKif website and application (collectively and interchangeably referred to as "the Platform"), allowing consumers (hereinafter "Buyers") to connect with professional sellers (hereinafter "Merchants") for the online purchase of products related to the world of manga (hereinafter "Products").
The Platform is accessible to Buyers via the URL: https://www.mangakif.com.
It is noted that the Platform acts as an intermediary between Buyers and Merchants and should not be considered as a reseller of Products offered by Merchants on the Platform. The majority of Products are shipped and delivered to Buyers by the Merchants, under their sole responsibility.
Buyers are informed and acknowledge that the Platform is intended for use by consumers as defined by consumer law, i.e., any natural person who acts for purposes not within the scope of their commercial, industrial, artisanal, professional, or agricultural activity.

ARTICLE 1. DEFINITION

Platform: Refers to the MangaKif website and mobile applications, allowing professional sellers to offer products and consumers to buy them.
Stalls (also referred to as "Shops"): Refers to the online space made available to each professional seller on the Platform to display and sell their products.
Customer Account: Refers to the individual account created by each Buyer upon registration on the Platform, allowing them to access Platform features and place orders with professional sellers.
PSP (Payment Service Provider): Refers to a third-party payment service provider authorized to manage financial transactions between Buyers and professional Sellers on the Platform.

ARTICLE 2. OBJECT

These General Terms and Conditions of Use of MangaKif (hereinafter "GTC") apply to all orders, quote requests, or initial contacts for the purchase or sale of Products made on the MangaKif Platform.
The GTC may be modified or adapted at any time by Placemed. The applicable GTC are those in effect at the time of the order, quote request, or initial contact and must be accepted for each transaction.
These GTC can be supplemented by the terms of the Merchants, particularly concerning delivery times and costs, return conditions for a Product, and any commercial warranties provided by the Merchant, provided they comply with these GTC.
MangaKif acts as an intermediary between Buyers and Merchants and should not be considered as a reseller of Products offered by other Merchants on the Platform.

ARTICLE 3. CONDITIONS AND TERMS OF ACCESS TO THE PLATFORM

3.2. General Information

The MangaKif Platform is freely accessible to any User at https://www.mangakif.com. The User must have internet access to use the Platform. Any User can access, consult, or use all or part of the Platform.
Purchasing Products from Merchants is subject to a fee in accordance with the "Product Prices" section of these GTC.
To purchase Products on the Platform, the User must be a natural person, at least 18 years old, and generally have the capacity to contract.
The User is informed that using the Platform's services requires appropriate software and hardware, as well as internet access, all of which are exclusively their responsibility. They are therefore solely responsible for the proper functioning of their computer equipment and internet access.

3.3. Creating a Customer Account

Before requesting a quote or purchasing products on the Platform, the User must create an Account on the Platform by providing a valid email address and a password that does not infringe on the rights of third parties. The User agrees to keep their password confidential.

By creating a Customer Account, the User can benefit from the following features:

• Manage their professional information (company information, mailing address, email address, password);
• Request a quote on the Platform;
• Place an order for products on the Platform;
• Contact professional sellers with whom an order has been placed;
• Track their orders and quotes;
• View their invoices.

The User can request the deletion of their Customer Account at any time.

3.4. Use of the Platform

By using the Platform, the User declares and acknowledges that all information, data, texts, messages, or any other content published within the Platform are under their sole and entire responsibility. The User agrees to comply with the following provisions:
(i) The User commits to respecting the laws and regulations in force concerning the purchase and sale of products in their country.
(ii) The User must respect the rules of use of the Platform and refrain from publishing any inappropriate or offensive content.
(iii) The User must protect their privacy and not disclose personal or confidential information to other users of the Platform.
(iv) The User must report any suspicious activity or any violation of the Platform's terms of use.

MangaKif reserves the right, without prior notice or compensation, to suspend or refuse the User's access to all or part of the Platform, its services, and content, temporarily or permanently, in the event of serious or repeated violations of these GTC. This measure applies particularly in cases of providing false, inaccurate, incomplete, or outdated information, payment fraud, attempted fraud, or any other criminal offense. The list of such cases is not exhaustive.

ARTICLE 4. PRODUCTS

The Buyer can browse the different Stands available on the Platform and select one or more Products that meet their personal needs. For each selected Product, they can access the corresponding Product Sheet to learn about its essential features, such as the description, technical specifications, price, delivery times, etc. The Product Sheet may also contain photos or videos of the Product to give the Buyer a better idea of the Product.
The Buyer is informed that the product offers on the Platform are provided by the Merchants, who are solely responsible for the information communicated about the Products. The Products for sale on the Platform are available at the prices and conditions offered by the Merchants, subject to stock availability. However, if a Product is not for direct sale on the Platform, its price may not be available. In this situation, the Merchant may offer the Buyer the option to add the Product to a quote or to contact them for more information.
Product availability information is regularly updated by the Merchants. However, it is possible that occasionally this information may be incorrect or inaccurate. Therefore, the availability of Products will be confirmed by the Merchant after each order under the conditions specified in these Terms and Conditions.
When the Merchant offers the features "add to quote" or "contact the Merchant," the Buyer can also request a quote or contact the Merchant for more information about the Product. This request is made directly on the Platform. The Merchant commits to respond to this request as soon as possible.

ARTICLE 5. ORDER AND BILLING

Any order placed on the Platform implies the express and unreserved acceptance of these Terms and Conditions by the Buyer.
Placing an order on the Platform requires the creation of an account on MangaKif. The Buyer commits to provide complete, accurate, and up-to-date information when placing the order.
All communications related to the order, including confirmations, invoices, and other notifications, will be sent to the email address provided during the creation of the Customer Account.
The Buyer is solely responsible for the accuracy of the information provided in the context of their order. MangaKif cannot be held liable for non-performance or poor performance of the order resulting from incorrect or incomplete information provided by the Buyer.

5.1. Prior Identification of the Buyer

Orders for Products on the MangaKif Platform must be placed online by the previously identified Buyer. The User commits to provide complete, accurate, and up-to-date information when placing the Order.
The Buyer must immediately inform MangaKif in writing of any incident related to their internet account (loss, theft, loss of usernames and passwords, etc.) so that MangaKif can, if necessary, block said account. All orders placed before this information will remain the exclusive responsibility of the Buyer.
In general, the Buyer is responsible for all online purchases made through their MangaKif internet account.

5.2. Order Steps

The process for ordering products via the Platform is exclusively online and takes place as follows:

1. The Buyer must log in on the website www.mangakif.com.
2. The Buyer can add the Product(s) they wish to purchase to their cart or accept a commercial proposal made by the Merchant following a quote request.
3. After confirming their choice of Product(s), the Buyer must review and accept these Terms and Conditions, as well as the specific general sales conditions (GSC) of the concerned Merchants, during the validation of their Order.
4. After completing the previous steps, the Buyer will receive an email confirming the registration of their order.
5. Within five (5) calendar days, the Merchant must confirm or reject the order placed by the Buyer. If the Merchant does not confirm within the specified period, the contract between the Buyer and the Merchant is automatically canceled, and the Buyer's bank account will not be charged the amount of the Order, unless the order involves several sellers, in which case the customer will be refunded. An order cancellation notification will be sent to the Buyer by email.
6. Once the order is confirmed, the Merchant firmly commits to deliver the ordered Products within the specified time and under the conditions set out when validating the order. At this stage, the Buyer's bank account is debited for the total amount of their order.
7. Upon receiving the email confirming the shipment of their order, the Buyer must immediately confirm or deny, via their customer space, the correct receipt of each ordered product. If the Buyer does not confirm receipt of the products within 7 days from the date of the shipping notification, the products of the order are deemed to have been received.

It is essential to clarify that the Buyer's Order will only be considered valid and taken into account from the full payment of the Order amount. Thus, if our payment service provider refuses to validate the payment of the Order, it will be automatically canceled, and the Buyer will be informed by email. It should also be specified that, in the event of a risk of fraud, especially on the credit card used for the payment of the order, this order will be canceled.

5.3. Right of Withdrawal

In accordance with the provisions of the Consumer Code, the Buyer has a period of fourteen (14) calendar days from the day of the delivery of the Product to exercise their right of withdrawal without having to justify reasons or pay penalties, except for the Product return costs, which are their responsibility.
The conditions for exercising this right of withdrawal are detailed in the GSC of each Merchant.
Each refund will be made through MangaKif in agreement with the Merchant.
The Buyer is expressly informed that it is strictly prohibited to return any Product purchased on the Platform to a Merchant to MangaKif. The Buyer must strictly comply with the Return Policy and the General Sales Conditions of the Merchant for any return request. In case of a return request, the Buyer is required to contact the concerned Merchant via the Platform and follow the established return procedures. Any violation of this rule would engage the exclusive responsibility of the Buyer and could in no case be attributed to MangaKif.

5.1. Billing

As a Platform operator, MangaKif will issue invoices for purchases made on said platform, acting on behalf of and for the concerned Merchants. Buyers are expressly informed that, although the invoice is issued by the Marketplace, the invoiced amount remains due to the Merchant. The Marketplace's responsibility concerning billing is limited to establishing said invoice, which is based on the information provided by the Merchants and Buyers.

ARTICLE 6. PRODUCT PRICES

6.1. Applicable Prices

The price of Products sold on the Platform is set freely by each Merchant, in compliance with applicable laws and regulations. Each Merchant is responsible for the accuracy of the information listed on the Product Sheet, including the price. Therefore, MangaKif cannot be held responsible for any manifest errors in the price.
The price of each Product available for direct sale is listed in euros, both before and after taxes (HT and TTC), on the Product Sheet and does not include shipping fees, which will be indicated to the Buyer before final validation of the order.
The price of the Products may be changed by each Merchant at any time. The sale price of the Products is the one applicable at the time of the order. However, if the Merchant makes a commercial offer following a quote request, the price mentioned in said offer is firm and commits the Merchant.
It is reiterated that each Merchant is responsible for billing the corresponding VAT on the sale of the Products, in accordance with applicable laws and regulations.

6.2. Payment of Price

The payment for the order is made online at the time of its validation. The full payment for the order must be received and cashed by MangaKif before the shipment of the ordered Products. The Buyer is informed that payment for orders placed via the Platform is made to MangaKif, who collects the funds via its Payment Services Provider (PSP) on behalf of the Merchant.

The payment for the order can be made through the following methods:

• By credit card (Visa, Master Card, etc.);
• By bank direct debit (SEPA).

It is specified that payments made by credit card are subject to validation and security checks. MangaKif reserves the right to suspend or cancel any order in case of payment authorization refusal by the banking institutions.

The total amount of the order is indicated in euros, inclusive of all taxes (TTC), on the order validation page. Any applicable shipping fees are specified before the final validation of the order.

The Buyer is informed that payment of their order constitutes acceptance of the prices and Products ordered. Therefore, it is recommended that the Buyer carefully check the total amount of their order as well as the Products ordered before validating the payment.

6.3. Payment Debit

MangaKif will collect the amount of the order paid by the Buyer on behalf of, and in the name of, the Merchant, and only at the time of the order validation by any of the Merchants concerned by the order.
As for payments made by credit card, the information is known only to the servers of our Payment Services Provider (PSP) to connect with the customer's bank. The Platform is subject to SSL encryption and additional security measures to protect sensitive data related to payment methods in accordance with legal and regulatory requirements.
For payments by direct bank debit, the order will only be processed after the payment has been received. Moreover, any bank debit charges are exclusively the responsibility of the customer and are not covered by MangaKif. Therefore, it is recommended that the customer check with their bank for any charges that may be incurred for bank debits.

6.4. Payment Incident

In the event that, for whatever reason, the debiting of amounts due by the customer proves impossible, the order placed will be immediately canceled, without the customer being entitled to claim any compensation. It is important to note that the customer will be notified of the cancellation of their order by email.

ARTICLE 7. ORDER DELIVERY

The delivery of the order placed by the Buyer can be made in France or internationally, in accordance with the delivery options offered by each Merchant on the Platform. The products are shipped by the Merchants to the address provided by the Buyer during the ordering process.

7.1. Product Delivery Times

In accordance with these Terms and Conditions, the Merchant commits to shipping the ordered Product(s) within the time frame announced at the time of order validation. The delivery times announced by the Merchants are calculated in working days and are provided directly by the Merchants. These times include the processing, preparation, and shipping of orders, as well as the delivery time of the carrier used by the Merchant.
In case of non-compliance with the delivery times announced at the time of the order, the Buyer may directly contact the concerned Merchant through their Customer account on the Platform. However, it's important to note that MangaKif cannot be held responsible for any delays in product delivery by the Merchants, in accordance with current legal provisions, and no compensation can be claimed from MangaKif for this reason.

7.2. Reservations

The Buyer agrees to check the condition of the Products upon receipt to confirm their compliance with the Order.
In case of non-compliance or apparent damage to the package, when the package is handed over to the Buyer in person and when verification of the Product is possible at the time of delivery, the Buyer must immediately make reservations about the condition of the package and the Product with the carrier, if the Product or its packaging was damaged during transport.
The Buyer must also report their reservations in writing within three (3) days following the receipt of the goods to the Merchant via their Customer account on the Platform, attaching photos if possible.
It's important to note that the statement "subject to unpacking/inspection" has no legal value. If the delivery slip is signed without any reservations and without written confirmation under the conditions mentioned above, the Buyer’s Order will be considered as delivered in compliance, and any subsequent claim will be considered as inadmissible, except for hidden defects or flaws.
Consequently, it is the Buyer's responsibility to check the condition and compliance of the delivered products before signing the delivery slip. Any claim must be made under the conditions specified above.

7.3. Shipping Fees

The delivery of the ordered Products may be subject to shipping fees, which are the responsibility of the Buyer in addition to the price of the Products.
These fees are determined by the Merchant based on the delivery methods offered by the latter and chosen by the Buyer during their Order.
All shipping fees are clearly indicated and detailed before the Buyer validates their order on the Platform.

ARTICLE 8. WARRANTY AND AFTER-SALES SERVICE

8.1. Merchant Warranties

The commercial warranties potentially applicable to the Products sold by the Merchants on the Platform are specified in the Product Sheet provided by the Merchant. Additionally, the Buyer has the benefit of the legal warranty against hidden defects under the conditions provided for by Articles 1641 and following of the French Civil Code, allowing them to choose between the cancellation of the sale or a reduction of the sale price (Article 1644 French Civil Code).
The exercise of the Buyer's warranty rights must be carried out in accordance with the terms indicated by the Merchant on their Store on the Platform. It should be noted that MangaKif is not a party to the sales contract between the Buyer and the Merchant; therefore, warranties and rights cannot be exercised against MangaKif, and the Platform's liability cannot be engaged in this regard.
In case of receipt of a damaged, defective, incomplete, or non-compliant Product, the Buyer is invited to contact the Merchant via their Customer Account to address the issue.
If the Merchant does not provide a response or if the response is unsatisfactory, the Buyer has the option, within the deadlines specified for this procedure, to appeal to MangaKif by initiating a dispute in accordance with the terms of the MangaKif Guarantee.

8.2. MangaKif Guarantee

To provide its Customers with a secure and serene shopping experience, MangaKif offers a specific commercial guarantee, hereinafter referred to as "the Marketplace Guarantee". This guarantee aims to facilitate the quick and effective resolution of any potential disputes between Buyers and Merchants involved in transactions via our Platform.

Cases Covered by the Marketplace Guarantee

The Marketplace Guarantee applies in the following situations:

• Order not shipped within the announced deadlines
• Order not delivered or lost during transport
• Delivered product is non-compliant, defective, incomplete, damaged, or broken
• Product showing a conformity defect during its normal use
• Merchant not having responded or followed up on a withdrawal request within the legal deadlines

Action Procedures

In case of the occurrence of a situation covered by the Marketplace Guarantee, the Buyer is invited to file or open a dispute on the Platform. The Buyer has a period of seven (7) calendar days from the date of delivery to initiate this procedure.
Once the dispute file is opened within this deadline, the payment related to the transaction in question will be held in reserve, thus preventing the transfer of funds to the Merchant until the dispute is resolved.

Resolution Procedure

After opening a dispute file, the parties will be invited to resolve the issue amicably through our secure messaging system. If an amicable resolution cannot be found within a reasonable time, MangaKif will intervene as a mediator and make a final decision based on the evidence provided by both parties.

Legal and Contractual Obligations

It should be noted that this commercial guarantee does not replace the legal obligations incumbent on the Merchant, particularly concerning legal warranties, the right of withdrawal, or any other legal obligation applicable in the country of product delivery. Non-compliance with these legal obligations by the Merchant may lead to independent sanctions separate from the Marketplace Guarantee.

8.3. After-Sales Service (SAV)

The Buyer is expressly informed that MangaKif does not provide any after-sales service for the products sold by a Merchant via the Platform. After-sales service is exclusively provided directly by the Merchant and/or the designated provider. Therefore, MangaKif's liability cannot be engaged in this regard.

ARTICLE 9. COMPLAINTS & DISPUTES

In case of complaints regarding the delivered Products, such as damaged Products, Products not conforming to the order or the Product Sheet, or missing Products, the Buyer is encouraged to contact the Merchant using the communication tools available through their Customer Account.
The responsibility for resolving the dispute lies with the Merchant. The Buyer is required to follow the guidelines provided by the Merchant, including the return procedures for sending back damaged or non-conforming Products.
After receiving and verifying the returned Product, the Merchant has the discretion to choose between replacing the Product or fully refunding the amount paid by the Buyer for the relevant Product. This decision will be made at the discretion of the Merchant, and no additional fees will be charged to the Buyer for the delivery of a replacement Product.
The choice and purchase of a Product are the sole responsibility of the Buyer, who must verify the compatibility and compliance of their setup with the purchased equipment. The Buyer should also ensure that their setup can support the specifications recommended by the manufacturer of their product.

ARTICLE 10. PRODUCT RETURNS

In case of non-compliance of the order or product defect, the Buyer can request the return directly to the Merchant via their Customer Account. The return conditions, including terms and deadlines, can be accessed on the Store page of the concerned Merchant or can be obtained by contacting them.
It's important to note that if the transaction has been finalized and the funds have already been transferred to the Merchant's bank account, any request concerning the return of the product will have to be directly negotiated with the Merchant outside of the Platform. This particularly includes questions related to the product refund.

ARTICLE 11. LIABILITY

As a technical intermediary and provider of the Platform, MangaKif's primary role is to facilitate the connection between the Merchant and the Buyer. Consequently, MangaKif cannot be held responsible for sales or disputes occurring between Merchants and Buyers on the Platform, except in cases where the products in question are sold directly by MangaKif.
The Buyer exempts MangaKif from any liability that may arise from the sale, particularly concerning the conformity of the Products, the conformity of the sales offer, the conformity of after-sales service, as well as ownership of intellectual and industrial property rights related to the Products. However, this exemption does not apply to products sold directly by MangaKif.
MangaKif's liability can only be invoked if the Buyer suffers damage directly caused by MangaKif as an intermediary.
The Merchant assumes full responsibility for the Products sold via the Platform and will solely handle claims related to the Products. MangaKif cannot, in any case, be held responsible for disputes between the Merchant and the Buyer concerning the sale of Products via the Platform.

ARTICLE 12. PERSONAL DATA

The Buyer expressly consents to their personal data being processed by MangaKif, in accordance with the conditions set out below:

12.1. Collection and Use of Personal Data

In the course of using the Platform, MangaKif collects personal data to ensure the smooth operation of the Platform, optimize the connection between Buyers and Merchants, as well as manage business relations, quotations, orders, and customer complaints. This personal data may also be used to inform the customer about news and promotional activities from MangaKif.
The personal data collected includes but is not limited to: first name, last name, email address, phone number, postal address, transaction information on the platform, and any other information useful for optimizing the Customer-MangaKif relationship.
This data is collected and processed in a lawful, fair, and transparent manner for specific and legitimate purposes, and is not further processed in a way incompatible with those purposes.

12.2. Security of Personal Data

MangaKif implements measures to comply with data protection regulations, by establishing appropriate technical and organizational measures to ensure the security and confidentiality of personal data. Access to customer data is strictly limited to authorized individuals who perform the purposes described, such as data processing, security, and IT maintenance. These measures aim to protect the personal data of users and ensure their integrity and confidentiality throughout their processing on the Platform.

12.3. User Rights

In accordance with current legal provisions, the user has the right to access, rectify, delete, oppose, limit the processing of, and port their personal data. They can exercise these rights by sending an email to MangaKif at the following address: contact(at)mangakif.com.

12.4. Retention Period for Personal Data

Personal data is retained for a period necessary for the purposes for which it was collected and processed. It is then deleted unless its retention is required for evidential purposes or to comply with a legal obligation.

12.5. Subcontracting

MangaKif may have to entrust the processing of personal data to subcontractors, in compliance with current legal provisions. MangaKif ensures that subcontractors offer sufficient guarantees regarding the implementation of appropriate technical and organizational measures to ensure the security and confidentiality of personal data.

ARTICLE 13. INTELLECTUAL PROPERTY

13.1. Intellectual Property of the Marketplace

The Marketplace is the exclusive property of MangaKif. All intellectual property rights related to the design, structure, layout, and content of the Marketplace, including texts, images, videos, logos, trademarks, databases, and software, belong to MangaKif or its partners.
Any reproduction, representation, modification, publication, transmission, commercial or non-commercial exploitation, in whole or in part, of the Marketplace, without the prior written consent of MangaKif, is prohibited and constitutes an infringement that may incur civil and criminal liability for the perpetrator.

13.2. Intellectual Property of Content Uploaded by Users

Users are solely responsible for the content they upload to the Platform. They guarantee to MangaKif that they hold all the necessary intellectual property rights to upload such content.
By uploading content to the Platform, Users grant MangaKif a non-exclusive, free, worldwide, unlimited license allowing the use, reproduction, representation, and modification of this content on the Marketplace for promotional, advertising, and development purposes.

13.3. Intellectual Property of Data Collected by the Platform

The data collected by the Marketplace, including data related to users and transactions, is the exclusive property of MangaKif. They are protected by laws related to intellectual property and personal data.
Users authorize MangaKif to collect, store, and process their data within the scope of using the Marketplace. They have the right to access, correct, and delete their data, in accordance with current regulations.

ARTICLE 14. JURISDICTION AND APPLICABLE LAW

These General Terms and Conditions of Use are governed and interpreted in accordance with French law. Any dispute relating to the interpretation or execution of these Terms and Conditions will be submitted to the exclusive jurisdiction of the Melun Commercial Court. In case of a dispute between a Buyer and a Merchant, jurisdiction will be determined in accordance with current legal provisions and will be assigned to the competent court of the defendant's place of residence.