GENERAL TERMS OF USE

1. PREAMBLE

TIGHTR is an online sales platform located on the URL www [dot] tightr [dot] com and that puts into contact any BUYER who connects to it with SELLERS to acquire the products that the latter offer for sale. Access to TIGHTR implies full and complete acceptance of these general terms and its APPENDICES, which constitute a single contractual package. FANTARGET SAS DRIVES THE ONLINE IMPLEMENTATION OF THE PRODUCTS OFFERED FOR SALE BY THE SELLERS BUT REMAINS A THIRD PARTY IN CONTRACTUAL RELATIONS BETWEEN BUYERS AND SELLERS.

2. DEFINITIONS

  • ACCOUNT: entire information provided by the USER when registering on www [dot] tightr [dot] com and available in his account
  • APPENDIX: binding document related to these GENERAL CONDITIONS
  • BUYER: natural person aged 18 years or more or legal entity placing a purchase order on the TIGHTR online sales platform to acquire one or more products or services from one or more SELLERS
  • FANTARGET SAS: company owner of the TIGHTR platform offering the online sale of products offered by SELLERS
  • MANGOPAY: third-party payment solution used by FANTARGET SAS
  • MEET UP POINTS: intangible bonuses whose collection up to a threshold determined by FANTARGET SAS allows the USER to access to benefits specifically detailed on the WEBSITE
  • MEET UP POINTS PROGRAM: program designed to award points to USERS earned via specific actions on TIGHTR and whose collection may allow them to benefit from various advantages such as, without this being exhaustive, attendance to events specially organized for them or to discounts
  • MEET UP ZONE: TIGHTR web page intended for the administration by the USER of its MEET UP POINTS
  • PAYPAL: third-party payment solution used by FANTARGET SAS
  • WEB SITE: set of organized pages intended to be distributed on the web under the same domain name, here www [dot] tightr [dot] com
  • SELLER: professional offering his products or services on TIGHTR
  • TIGHTR: name of the online sales platform operated by FANTARGET SAS accessible via the URL www [dot] tightr [dot] com (and derivatives) offering the sale of goods and services of partner SELLERS
  • USER: any natural person or any representative of a legal entity creating an ACCOUNT on www [dot] tightr [dot] com.

3. SUBJECT

The purpose of these general terms is to define the rights and obligations of any person using the services offered by www [dot] tightr [dot] com, online sales platform for products and services, it being recalled that FANTARGET SAS DOES NOT INTERVENE DIRECTLY IN THE SALES OPERATION AND IS NOT PART OF THE CONTRACT BETWEEN THE BUYER AND THE SELLER.

4. REGISTRATION CONDITIONS

Legal entities and natural persons aged 18 or over who have full legal capacity on the day of the purchase may register at www [dot] tightr [dot] com. Any registration to TIGHTR is subject to validation by FANTARGET SAS, which reserves the right to refuse, without stating the reasons and without notice, any registration that it deems it should not welcome.

5. REGISTRATION TERMS

Access to TIGHTR is via the URL www [dot] tightr [dot] com. The use of the services offered by TIGHTR, other than the simple access of the pages of the WEBSITE requires a registration through an identifier consisting of a valid email address and a password generated by FANTARGET SAS for the USER. The USER as a natural person must provide the following information when registering: name, first name, email address, postal address (in case of purchase). The USER as a legal entity must provide the following information: company name, VAT number, email address, postal address, surname and first name of the legal representative. This information is subject to the requirement of good faith laid down by the Civil Code and must therefore be sincere and consistent with the reality of the USER's status. The USER shall inform FANTARGET SAS without delay of any change in the data communicated at the time of registration. FANTARGET SAS is not responsible for damages caused directly or indirectly by a failure of the user on this point. FANTARGET SAS reserves the right to delete, without notice, any ACCOUNT of a USER who has provided false information at the time of registration or has not promptly notified changes occurred during use of TIGHTR. The USER can link his ACCOUNT to his social network profile via Facebook Connect, Twitter and Google Plus.

6. SECURITY

When creating the ACCOUNT, the USER chooses a password. He must enter it during each connection or connect via Facebook Connect, Twitter and Google Plus. He undertakes to keep them secret. He is responsible for their confidentiality. The USER shall immediately inform FANTARGET SAS of their loss or fraudulent use. In this case, it shall specify the nature and content of the unlawful acts already established so that they can be amended as soon as possible to put an end to fraudulent use of the ACCOUNT.

7. PERSONAL DATA

FANTARGET SAS is responsible for the processing of USERS' personal data. The information communicated by the USERS within the framework of the use of the online platform is used for the treatment and the follow-up of the transactions, the marketing needs, the relation with the USER but also to satisfy the legal and regulatory requirements weighing on FANTARGET SAS. The USER is informed that the data communicated necessary to the perfection of the sale will be addressed to the SELLERS. The USER is also informed that the personal data communicated at the time of registration on the WEBSITE may be transmitted to companies collaborating with FANTARGET SAS for marketing purposes, as part of the customer relationship, for commercial prospecting, postal or telephone. Any USER who so wishes may prohibit such communication by form addressed to FANTARGET SAS. The USER is informed that if some of its recipients had to have their registered office outside the European Union, FANTARGET SAS would comply with the legal provisions required to transfer these data, in particular by complying with the requirements set by the NATIONAL INFORMATION AND FREEDOM COMMISSION. In accordance with Law No. 78-17, known as the "Data Protection Act" of 6 January 1978, the USER has the right to access, object to, rectify and delete personal data concerning him at any time, which he may exercise by writing to FANTARGET SAS accompanied by proof of identity (photocopy of his valid national identity card or passport).

8. NETWORKS AND WEB SITE ACCESS

Access to the WEBSITE requires a connection to the Internet potentially subject to interruptions and/or slowdowns in its operation. FANTARGET SAS cannot be held responsible for these problems any more than for those linked to computer viruses or any malicious acts carried out via this network or by any other means. Generally speaking, FANTARGET SAS is not liable for damage caused to equipment and/or data of persons using the WEBSITE. FANTARGET SAS does not guarantee the continuity of use of the WEBSITE.

9. TERMS OF PAYMENT - BANK CARD DATA

Transactions and their security are ensured by the MANGOPAY payment system (Leetchi Corp SA - 14 Rue ALDRINGEN, L-1118 Luxembourg - Luxembourg) and PAYPAL (PayPal Europe S.à r.l. et Cie, S.C.A. - 22-24 Boulevard Royal, L-2449 Luxembourg - Luxembourg). THE USER IS INVITED TO TAKE KNOW OF MANGOPAY'S GENERAL TERMS OF USE BY CLICKING ON THIS LINK AND PAYPAL'S GENERAL TERMS OF USE BY CLICKING ON THIS LINK. These general terms include certification processes that can be triggered depending on the amount of transactions carried out. THE USER IS ALSO REQUIRED TO TAKE KNOW OF THE SELLER'S GENERAL TERMS AND CONDITIONS OF SALE AGAINST WHOM THEY MAY BE INVOKED. FANTARGET SAS does not intervene in fixing the delivery price. The amount of delivery costs appears separately from the selling price of the product sold before the final validation of the purchase transaction. It is added to the final price when the purchase is validated. In compliance with "Commission Informatique et Libertés" Deliberation No. 2013-358 of 14 November 2013 adopting a recommendation concerning the processing of payment card data relating to the sale of goods or the provision of services at a distance and repealing Deliberation No. 2003-034 of 19 June 2003, the USER may choose whether or not to register his means of payment in order to avoid systematically informing them at each new purchase. FANTARGET SAS only keeps the last 4 digits and the validity date of the card as an identification tool, but not the full card data to which FANTARGET SAS never has access. This option only identifies the card that the USER wishes to use for his transaction.

10. TRANSACTION VALIDATION

After having verified the details of his order and its total price and after having corrected any errors in its formulation, the BUYER is irrefragably deemed to have read these general terms of FANTARGET SAS and the general terms of sales of the SELLER and to have accepted them after having clicked on the dedicated zone, including the legal requirement of the certification of the majority of the person carrying out the act of purchase. He then makes the payment. In the event that any event occurs that does not allow the payment to be validly completed, the transaction is deemed not to have been validly completed. The BUYER is invited to choose another payment method. The sale is concluded under the resolutive condition of the availability of the product purchased online. Subject to the provisions of these general terms, the BUYER may at any time access his purchase history. The validity of the transaction is subject to the absence of previous unresolved dispute between the BUYER and the SELLER and the absence of legitimate suspicion of fraud concerning the act of purchase. THE PRODUCT IS ILLUSTRATED BY ONE OR MORE PHOTOGRAPHIC CLICHES AND/OR ILLUSTRATION(S) AND/OR VIDEOS TO VISUALIZE THE PURCHASER MORE FIDELY POSSIBLE THE PRODUCT BEFORE POSSIBLY FINISHING ITS PURCHASE AND ITS ESSENTIAL CHARACTERISTICS ARE DECLARED IN ACCORDANCE WITH ARTICLE L.111-1 OF THE CONSUMER CODE. HOWEVER, DUE TO THE TECHNICAL VAGARIES RELATED TO THE USE AND QUALITY OF THE SCREEN USED BY THE BUYER TO VIEW THE PRODUCTS OFFERED ON THE ONLINE SALES PLATFORM, THE BUYER IS INFORMED THAT THE GRAPHIC REPRESENTATIONS REPRESENTING THE PRODUCTS FOR SALE ARE PRESENT ONLY AT ILLUSTRATION. FANTARGET SAS is only the host of the sales offer. The BUYER must read the product description before making the purchase.

11. PRODUCT INDISPONIBILITY

Any unavailability of an ordered product results in information communicated to the BUYER. He can then choose another product and/or service to keep the benefit of the order (price and equivalent quantity) or ask to be refunded.

12. PRODUCT SHIPMENT

TO KNOW THE DETAIL OF THE EXPEDITION OF THE PRODUCT, THE BUYER IS REQUIRED TO KNOW THE GENERAL TERMS OF SALE OF THE SELLER WITH WHICH HE CONTRACTS. THE CONDITIONS OF DELIVERY (COSTS, TIME, ORGANIZATION) DIFFERENT ACCORDING TO THE AREA OF DELIVERY, THE MODE OF DELIVERY CHOOSED AND VARIA IN FUNCTION OF THE SELLERS.

13. RETRACTATION DELAY

When he makes a purchase on TIGHTR, the BUYER enters into a contract: it is a remote purchase between a consumer (the BUYER) and a professional (the SELLER). The BUYER therefore benefits under Article L121-21 of the Consumer Code from a right of withdrawal of 14 (fourteen) clear days relating to the order placed online. These deadlines run from the day after the BUYER receives the product(s) ordered on TIGHTR. When the deadline expires on a Saturday, Sunday or public holiday, it is extended until the next working day. To exercise its right of withdrawal the BUYER goes to its ACCOUNT and follows the indications present in the section "My orders" or uses the form proposed to exchange or return a product. If the BUYER has formalized a purchase with several different SELLERS, he is required to formalize his withdrawal with each SELLER concerned. The exercise of the right of withdrawal with a SELLER is without consequence on the other SELLERS likely to have dispatched their product in the same order formalized by the BUYER. According to the law, the BUYER can only assert his right to retract after having received the ordered product. As from the service of the retraction by the BUYER, the latter has an additional period of 14 (fourteen days) to return the products received. Upon receipt of the product(s) returned by the BUYER, reimbursement of the purchase made as well as the initial delivery costs by any means of payment within a maximum period of 30 days from said receipt. To exercise this right of withdrawal, the BUYER must return the product in its original packaging with all the elements of packaging as received on delivery within the aforementioned time limits and according to the methods indicated by the SELLER. To obtain the refund of the product, it is up to the BUYER to take all the useful precautions so that this last one is restored in the same state as with the delivery, that is to say, new and without any alteration of any kind.

Concerning the withdrawal delay of 14 (fourteen days) days, some SELLERS offer a longer return period. Please note, according to article L121-21-8 of the French Consumer Code, the right of withdrawal cannot be exercised on certain types of products, for example, (this list is non-exhaustive), products customized on request or made to measure. The right of withdrawal may also not apply in the case of non-European SELLERS, for example, (this list is non-exhaustive), American SELLERS. The BUYER is required to read the SELLER's return policy by consulting its general terms and conditions of sale, which are intended to be enforceable against him.

14. MEET UP POINTS PROGRAM

FANTARGET SAS offers TIGHTR USERS the MEET UP POINTS PROGRAM rewarding Internet users who interact and contribute to producing content on the WEBSITE as well as BUYERS. Certain types of actions performed on TIGHTR are rewarded by MEET UP POINTS as specified in the dedicated page accessible via this link. The assignment of MEET UP POINTS linked to the submission of editorial content such as advice is subject to compliance by the person submitting the rules of weighting and courtesy. No comment shall prejudice the honour or consideration of any person or entity. FANTARGET SAS is simply a content host. The USER therefore expressly undertakes not to put online content that is contrary to public order or morality, in particular by inserting elements such as, without this being exhaustive, any publication of a pornographic or paedophile nature, or any content inciting violence or advocating terrorism, or having the character of a call to murder or incitement to racial hatred or violating the private life or personality rights of others. By accepting the present general terms, the USER therefore accepts sole responsibility for any claims, disputes or proceedings of any nature whatsoever that may stigmatize non-compliance with these obligations. Any failure to comply with these rules may result in the immediate closure of the ACCOUNT. The USER agrees to indemnify and hold FANTARGET SAS harmless if its liability is sought through its fault on this point. By publishing on TIGHTR, the USER generally undertakes to comply with all regulations in force concerning the content of the publications he offers to the public. THE USE OF MEET UP POINTS MAY MEAN FOR USERS THE ACCESS TO SYMBOL VALUED PRODUCTS LIKE, WITHOUT EXHAUST, EQUIPMENT OR PRODUCTS, NEW OR OCCASIONAL, POSSIBLY DEDICATED. IT MAY ALSO GIVE ACCESS TO PRIVILEGED MEETINGS WITH PUBLIC FIGURES. THE USER IS INFORMED THAT THIS TYPE OF PRODUCTS, SERVICES OR EVENTS DELIVERED UNDER THE MEET UP POINTS PROGRAM MAY REQUIRE, BEING THE DIVERSITY OF THE DIFFERENT SCENARIOS, THE PRIOR AND COMPULSORY ACCEPTANCE OF CONTRACTUAL TERMS ENABLING THE ORGANISATION OF THE EVENT. ANY REFUSAL BY THE USER TO COMPLY WITH THE LEGAL CONDITIONS DEFINED FOR THE OCCASION WILL BAN HIM TO PARTICIPATE OR TO BENEFIT FROM IT. To participate in the TIGHTR MEET UP POINTS PROGRAM, you must create an ACCOUNT on TIGHTR. Information on MEET UP points can be accessed via the MEET UP ZONE on TIGHTR. FANTARGET SAS determines at its discretion the quantum of MEET UP POINTS allocated to defined shares. The rules for calculating and allocating MEET UP POINTS may be modified at any time at FANTARGET SAS's discretion. In the event of changes to the rules relating to the MEET UP POINTS PROGRAM, the USER is invited to accept the new general terms proposed to him. If these new general terms are not accepted, the USER may no longer participate in the MEET UP POINTS PROGRAM and may only use his MEET UP points if the accumulated credit is sufficient to participate in operations defined by FANTARGET SAS. MEET UP POINTS are valid for 12 calendar months from the date they are obtained. Failure to use these MEET UP POINTS within this period will result in their cancellation, with no possibility of carrying over unused point credits to another year.

15. RESPONSIBILITY OF FANTARGET SAS

FANTARGET SAS IS NOT PART OF THE CONTRACT THAT UNITS THE SELLER TO THE BUYER. It is recalled in this respect the relative effect of the agreements provided by law in article 1199 of the Civil Code, which provides that "The contract creates obligations only between the parties. Third parties may neither request nor be compelled to perform the contract, subject to the provisions of this Section and those of Chapter III of Title IV. The responsibility of FANTARGET SAS can therefore not be sought for a reason related to the sale between the BUYER and the SELLER. FANTARGET SAS IS NOT PART OF THE CONTRACTUAL RELATIONS BETWEEN THE SELLER AND THE BUYER, ANY DISPUTE ARISING OUT OF THIS TRANSACTION MUST NORMALLY BE SETTLED DIRECTLY BETWEEN THE PARTIES, FANTARGET SAS HAS NOT TO BE SOLICITED FOR MEDIATION OR ARBITRATION ASSIGNMENTS. However, any dispute likely to damage the image of FANTARGET SAS will authorize it to intervene amicably if the BUYER does not object. The SELLER is contractually bound to accept the mediation of FANTARGET SAS if it offers it. FANTARGET SAS will try to organize a mediation attempt before any possible contentious appeal, unless the BUYER refuses to participate voluntarily. In the event of a persistent dispute between the SELLER and the BUYER despite accepted mediation, FANTARGET SAS reserves the right to reasonably assess the merits of the BUYER's claim for reimbursement in the light of the circumstances of the sale and the applicable legal and regulatory rules. FANTARGET SAS may demand a refund from the SELLER if it is proven that its liability is involved in a sale. With regard to the legal and regulatory rules in force, the BUYER remains free under all circumstances to refuse the outcome of a mediation conducted by FANTARGET SAS.

16. EVOLUTION OF GENERAL TERMS

FANTARGET SAS reserves the right to modify its general terms at any time and without notice. The USER is informed of this development via a message appearing on the screen when connecting to the WEBSITE and/or by receiving an e-mail. He may be asked to accept these changes before he can access his ACCOUNT and the services offered on TIGHTR again. At any time the old general conditions remain accessible via this link.

17. INTELLECTUAL PROPERTY

The entire content of the WEBSITE including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their layout are the exclusive property of FANTARGET SAS with the exception of trademarks, logos or content belonging to other partner companies or authors: any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly prohibited without its express written consent. This representation or reproduction, by any means whatsoever, constitutes an infringement punishable by articles L.3335-2 and following of the Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement that may engage the civil and criminal liability of the infringer. In addition, it is recalled that offenders may be exposed to legal action by the owners of the copied content on these grounds. FANTARGET SAS is also the owner of the "database producers' rights" referred to in Book III, Title IV, of the Intellectual Property Code (law n° 98-536 of July 1, 1998) relating to copyright and databases.

18. MAJOR STRENGTH

In accordance with article 1218 of the Civil Code, any breach of any of the obligations of this agreement caused by a case of force majeure, as traditionally recognized and accepted by the case law of the French Court of Cassation, shall exonerate FANTARGET SAS from liability. If such an event occurs, FANTARGET SAS being unable to perform its service informs the USER by any means as soon as possible. The suspension of obligations or delay can in no case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.

19. APPLICABLE RIGHT - ATTRIBUTION OF COMPETENCE - ARBITRATION

As a prelude to this article, the introductory article of the Consumer Code reads as follows:" (...)": - consumer: any natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity; - non-professional: any legal person not acting for professional purposes; - professional: any natural or legal person, public or private, acting for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional. ». The general terms are subject to French law, to the exclusion of any other legislation, subject to compliance with the mandatory provisions of consumer law. In the event of a dispute, the consumer is informed that he may have recourse to a consumer ombudsman, under the conditions defined in Articles L. 611-1 et seq. of the Consumer Code, and according to the system accessible at the Internet address: www.economie.gouv.fr/mediation-conso.