T&Cs

G A O P É

TERMS OF USE

CONSUMERS

Terms of access and use of the www.gaope.eu platform by visitors and buyers

Article 1. Platform Presentation: Legal Mentions

1.1 Platform Publisher

The GAOPÉ Platform, accessible at www.gaope.eu, is published by the company GAOPÉ, a SAS with a capital of €10,000, registered with the Paris RCS under number 101 826 543, with its registered office at 141 rue Saint-Denis, 75002 Paris (hereinafter “GAOPÉ”).

Publication Director: Madame Camille Stofati, President.

Contact: contact@gaope.fr

Intracommunity VAT number: FR63101826543.

1.2 Host

The Platform is hosted by:

Shopify Inc.

151 O'Connor Street, Ground floor

Ottawa, Ontario K2P 2L8 — Canada

Website: www.shopify.com

1.3 Platform Purpose

GAOPÉ is a selective online marketplace dedicated to the sale of clothing and fashion accessories made in one or more European Union Member States (within the meaning of Regulation (EU) No 952/2013, Articles 59 to 61). The Platform connects independent European brands (hereinafter "Sellers") with consumers (hereinafter "Users").

GAOPÉ acts exclusively as an intermediary connecting Sellers and Users. GAOPÉ is not a Seller of the Products presented on the Platform, unless expressly stated otherwise on the product page.

Article 2. Scope: Acceptance

These Consumer General Terms of Use (hereinafter "GTU") define the conditions for accessing and using the Platform by any User, whether or not they make a purchase.

Access to the Platform implies full and unreserved acceptance of these GTU.This acceptance is materialized by browsing the Platform or creating an account.

These GTU are distinct from the General Terms and Conditions of Sale (GTC), which specifically govern purchase transactions, including terms of order, payment, delivery, return, and refund. The GTC are accessible at https://gaope.eu/pages/cgv and apply in conjunction with these GTU in the event of a purchase.

Article 3. Platform Access — Account Creation

3.1 Access

Access to the Platform is free and open to any User with an internet connection. GAOPÉ strives to ensure the availability of the Platform 24/7, subject to maintenance operations, updates, and cases of force majeure.

GAOPÉ reserves the right to temporarily or permanently restrict access to all or part of the Platform, particularly for technical, security, or maintenance reasons, without this entitling the User to compensation.

3.2 Account Creation

To place an order on the Platform, the User can create a personal account by providing their first name, last name, email address, and a password, or order as a guest without creating an account.

The User agrees to provide accurate, complete, and up-to-date information when creating their account, and to keep it updated. Any false declaration engages the User's sole responsibility.

The User is solely responsible for the confidentiality of their login credentials. They agree to inform GAOPÉ without delay of any unauthorized use of their account at contact@gaope.fr.

3.3 Account Deletion

The User can request the deletion of their account at any time, via their personal space settings or by email to contact@gaope.fr. Account deletion results in the deletion of the User's personal data in accordance with the Privacy Policy, subject to applicable legal archiving obligations, particularly Article L. 213-1 of the Consumer Code.

Article 4. Nature and Role of the Platform

4.1 GAOPÉ, Marketplace Operator

The GAOPÉ Platform is an online marketplace within the meaning of Article L. 111-7 of the Consumer Code. As such:

GAOPÉ is the Platform operator and not the Seller of the Products, unless otherwise stated on the product page;
sales contracts are concluded directly between the Seller and the User;
GAOPÉ facilitates the connection without being a party to the sales contract.

4.2 Seller Information

For each Product presented on the Platform, the User can access the full identity and contact details of the professional Seller offering it (company name, address, email, telephone number), available on the product page and in the order confirmation.

All Sellers referenced on the Platform are professionals. The Platform does not host private sellers.

4.3 Ranking and Highlighting Offers

In accordance with Article L. 111-7 of the Consumer Code, GAOPÉ informs Users of the main parameters determining the ranking and highlighting of offers on the Platform.

The ranking of Products on the Platform reflects GAOPÉ's selection criteria. The order of appearance is determined by the following parameters, ranked by relative importance:

Editorial selection: the consistency of the Products with the Platform's editorial line and the seasonality of the current selection is the primary criterion for highlighting.
Stock availability: the Platform prioritizes Products whose availability can immediately meet demand.
User engagement: the viewing rate of product pages and the volume of sales made influence continued visibility.

No Seller pays remuneration to GAOPÉ to directly or indirectly influence the ranking of their offers in the standard browsing results of the Platform.

4.4 Selection and Commitment Charter

Each Seller referenced on the Platform has undergone a rigorous selection process by GAOPÉ and has signed the Commitment Charter, by which they commit that all Products offered meet the requirement of European manufacturing.

The Commitment Charter is available in full at https://gaope.eu/pages/charte-dengagement. GAOPÉ implements a process for verifying information communicated by Sellers (obligation of means). The Seller is responsible for the conformity of the Products.

Article 5. Platform Content: Intellectual Property

5.1 GAOPÉ Editorial Content

All content published on the Platform (photographs, videos, texts, artistic direction, graphic charter, GAOPÉ logo and brand) is protected by copyright and constitutes the exclusive property of GAOPÉ or is subject to licenses granted to GAOPÉ.

Any reproduction, representation, modification, publication, transmission or distortion, total or partial, of this content, by any means whatsoever and on any medium whatsoever, is prohibited without the prior written authorization of GAOPÉ.

The GAOPÉ brand, as well as the domain name gaope.eu, are protected by the European Union Intellectual Property Office (EUIPO) in classes 25, 35 and 41.

5.2 Seller Content

The brands, logos, trade names and visuals of the Sellers presented on the Platform are the property of their respective owners. Their presence on the Platform is made with their agreement, as part of the commercial partnership.

5.3 Authorized Use

The User is authorized to consult the Platform and download its content for strictly personal and non-commercial purposes. Any other use is subject to the prior written authorization of GAOPÉ.

Article 6. User Behavior: Prohibited Uses

The User undertakes to use the Platform fairly, in accordance with its purpose, these GTU and applicable regulations. They are notably prohibited from:

accessing the Platform by automated means (robots, scrapers, crawlers) without prior authorization from GAOPÉ;
attempting to compromise the security or technical integrity of the Platform;
publishing false, misleading, defamatory opinions, comments or content or infringing the rights of third parties;
impersonating a third party or providing false information when creating an account;
using the Platform for commercial or competitive purposes without the prior agreement of GAOPÉ.

In the event of non-compliance with these GTU, GAOPÉ reserves the right to suspend or delete the User's account without notice.

Article 7. Reviews and User-Generated Content

The Platform may allow Users who have made a purchase to publish reviews of purchased Products. These reviews are subject to the following rules:

only Users who have actually purchased the Product concerned can publish a review (verified reviews);
reviews must be sincere, based on real experience and not misleading;
abusive, defamatory, discriminatory reviews or reviews contrary to regulations are not published.

GAOPÉ reserves the right to moderate, refuse or delete any review that does not comply with these rules, with an indication of the reason to the User concerned. The terms of collection, moderation and publication of reviews are specified in the review management policy accessible on the Platform.

In accordance with decree n° 2017-1436 of September 29, 2017, GAOPÉ informs Users of the methods for verifying reviews published on the Platform.

By publishing a review, a comment or any other content on the Platform, the User grants GAOPÉ, free of charge, a non-exclusive and worldwide license, for the duration of use of the Platform and for a period of five (5) years following the termination of the User's account.

This license authorizes GAOPÉ to:

Reproduce, represent and adapt all or part of the content on the Platform.
Distribute the content on all of the company's digital communication media (notably social networks, newsletters and GAOPÉ advertising materials).
Translate the content into any language to allow its consultation by third-party Users.

The User guarantees GAOPÉ that they hold all the rights necessary for this publication and that their content does not infringe the rights of third parties or public order. The User accepts that their review may be published anonymously or associated with their first name, depending on the privacy settings chosen in their account.

Article 8. Hyperlinks: Third-Party Content

The Platform may contain hyperlinks to third-party sites (Sellers' social networks, institutional sites, editorial sources). These links are provided for informational purposes. GAOPÉ has no control over the content of these third-party sites and disclaims all responsibility for their availability, content or any damage that may result from their use.

The creation of hyperlinks to the Platform is authorized provided that these links do not harm GAOPÉ's image or reputation, do not mislead as to the nature of the link, and that the target page is correctly identified. GAOPÉ reserves the right to request the deletion of any link that does not comply with these conditions.

Article 9. GAOPÉ's Responsibility as Operator

9.1 Platform Availability

GAOPÉ strives to ensure the availability and continuity of the Platform. However, GAOPÉ cannot guarantee uninterrupted availability and cannot be held responsible for interruptions resulting from technical failures, maintenance operations, malicious acts by third parties or cases of force majeure.

9.2 Accuracy of Information

GAOPÉ strives to ensure the accuracy of the information published on the Platform but cannot guarantee its completeness or permanent update, particularly with regard to information published by Sellers. GAOPÉ cannot be held responsible for errors or omissions in the information provided by Sellers.

9.3 Transactions between Users and Sellers

Each sale concluded on the Platform directly links the User to the Seller concerned, GAOPÉ not being a party to the sales contract. The conformity of the Products, delivery and after-sales service are the sole responsibility of the Seller.

However, GAOPÉ remains the User's point of contact throughout their order. As the Platform operator, GAOPÉ receives refund requests, monitors them with the Seller concerned and ensures their diligent processing, under the conditions provided in the GTC. The refund is executed by the payment service provider, by debiting the funds held by the Seller. GAOPÉ does not at any time hold or handle the funds paid by Users.

9.4 Reports — Digital Services Act

In accordance with Regulation (EU) 2022/2065 (Digital Services Act), GAOPÉ provides Users with a notification mechanism to report any illicit content or non-compliant Product. This mechanism is accessible via https://gaope.eu/pages/signaler-un-contenu or by e-mail to contact@gaope.fr.

GAOPÉ processes reports diligently, informs the User of the follow-up given and justifies its decisions to remove or maintain reported content. The traceability of moderation decisions is ensured in accordance with the requirements of the DSA.

Article 10. Personal Data — Cookies

10.1 Processing of Personal Data

GAOPÉ processes Users' personal data as a data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and amended law n° 78-17 of January 6, 1978 (Data Protection Act).

The data collected during browsing and transactions on the Platform (identification data, browsing data, order history, anonymized payment data) are processed for the following purposes: management of User accounts, order processing, Platform improvement, commercial communication (subject to User consent), and compliance with legal obligations.

The User has the following rights regarding their personal data, which they can exercise at contact@gaope.fr or by mail to GAOPÉ, 141 rue Saint-Denis, 75002 Paris:

right of access (Art. 15 GDPR);
right to rectification (Art. 16 GDPR);
right to erasure / right to be forgotten (Art. 17 GDPR);
right to restriction of processing (Art. 18 GDPR);
right to data portability (Art. 20 GDPR);
right to object (Art. 21 GDPR).

In the event of an unresolved complaint, the User can contact the Commission Nationale de l'Informatique et des Libertés (CNIL) at www.cnil.fr.

For more information on the processing of their personal data, the User is invited to consult GAOPÉ's Privacy Policy accessible at https://gaope.eu/pages/signaler-un-contenu.

10.2 Cookies and Trackers

The Platform uses cookies and trackers for the purposes of improving the browsing experience, audience measurement and, subject to the User's consent, personalization and advertising targeting.

During the first visit, a consent management banner (CMP) allows the User to set their choices granularly. The User can modify their preferences at any time via the "Cookie Management" link available at the bottom of each page of the Platform.

Cookies strictly necessary for the operation of the Platform (session, cart, security) do not require User consent. Analytical and advertising cookies require prior consent.

For details of the cookies used, their retention period, and the third-party recipients of the collected data, the User is invited to consult the Cookie Policy accessible at https://gaope.eu/pages/cookies.

Article 11. Modification of the GTC – Applicable Law

11.1 Modification of the GTC

GAOPÉ reserves the right to modify these GTC at any time, particularly to comply with changes in applicable regulations or Platform functionalities. The applicable version is the one in force at the time of the User's connection.

In the event of a substantial modification, GAOPÉ will inform Users with an account by email with reasonable notice. Continued use of the Platform after the effective date of the modifications constitutes acceptance of the new GTC.

11.2 Applicable Law and Jurisdiction

These GTC are governed by French law, without prejudice to the mandatory provisions of applicable European Union law, particularly regarding consumer protection, personal data protection, and information society services.

In the event of a dispute relating to the use of the Platform, and after attempting an amicable resolution, the competent courts are those of the User's domicile (for consumer disputes), or the courts of Paris (for disputes between professionals).

11.3 Mediation

In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the User may resort free of charge to the consumer mediator designated by GAOPÉ: CM2C – Centre de Médiation de la Consommation de Conciliateurs de Justice (www.cm2c.net), after having attempted to resolve the dispute directly with GAOPÉ.

GAOPÉ - 141 rue Saint-Denis - 75002 Paris - RCS Paris 101 826 543 - contact@gaope.fr