Legal Information


- The Noodra application is a property of Nodrion company

- Nodrion SAS

- 86 rue Jules Guesde

- 92300 Levallois-Perret

- France

- Téléphone : +33 1 71 01 53 17

- E-mail : contact@noodra.com

- VAT number : FR01100456656

- The website host is Bluehost



General Use Conditions

Version updated on November 20, 2024

PREFACE

Welcome to the NOODRA (noodra.com) platform. We are so glad you are here. Please make yourself comfortable and enjoy your time with us, but please respect our terms of use.

These terms and conditions of use (hereinafter the "Terms of Use") apply to all users of the website noodra.com , including, without limitation, "Sellers", "Buyers", contributors to the content, information, or any other part of the website and to the services offered on the website as a whole, or in any other way by NOODRA.


The Site connects Sellers with Users of the platform, even if they are not Buyers, who have have registered as a member, and offers communication tools between the Members. The Website also allows the publication and sharing of content by and to visitors and members.

1. DEFINITIONS

Member : Anyone who registers on the NOODRA website.

User : any person who uses the Platform, whether or not they are registered or not.

Platform : the basis on which other applications, processes or technologies implemented by NOODRA enabling the match between Sellers and Buyers of the Products, accessible through the website at the website noodra.com . The Platform includes the entire Website and as such refers to part or all of the Website.

Buyer : a member who places an order or has a wish list on the site.

Seller : a Member who opens a virtual store on the Platform and offers Products for sale on the Platform.

Product : product or service offered for sale by a Seller on the Platform. The product must comply with the general conditions of use and not be a prohibited product.

Prohibited Product : A product that is forbidden to be sold on the Platform is detailed in the article 4.2.a, 4.2.b, 4.2.e of the present General Conditions.

Order : The order submitted by the Buyer to the Site in order to buy a Product from a Seller.

Content(s) : Any content provided by a Member on the Website, such as any data, information, text, any registered object, description, comment, evaluation of a Seller, any name, nickname, picture, photograph, sound, video, logo and any element entered on the website by the Member including during his registering, including in a mail, on a blog or on the shop of a Seller.

Website : Website at the url noodra.com (or any other address(es) that might be substituted) and its associate sub-domains. The Website is part of the Platform.

Content(s) : Any content provided by a Member on the Website, such as any data, information, text, any registered object, description, comment, evaluation of a Seller, any name, nickname, picture, photography, sound, video, logo and any element entered on the website by the Member including during his registering, including in a mail, on a blog or on the shop of a Seller.

Virtual Wallet :

  • For the Seller : the money reserve available on the Seller's account, using the secure credit card payment system of NOODRA (via Stripe and PayPal), and has been credited or debited of the amount of his orders or commissions. The Virtual Wallet can be used by the Seller to buy services or products on the Platform.
  • For the Buyer: the money reserve on the Buyer's account that made at least one order on the webSite using the secure debit or credit card payment system of NOODRA (via Stripe and Paypal), and has been refunded of all or part of his purchases by a Seller following a transaction. The Virtual Wallet can be used by the Buyer to purchase products on the Platform.
2. NOODRA'S OBLIGATIONS

2.1 NOODRA’s Platform is an online space where Products and Services are exchanged and sold. Products and Services sold in the platform must abide by the current General Conditions.

2.2 The Virtual Shop enables Sellers to sell their products.

2.3 NOODRA's activity consists in being an intermediary between Buyers and Sellers:

  • Noodra does not intervene in the transactions between Buyers and Sellers. If there is a dispute, each Member has to inform NOODRA for any reclamation, and of any damage present or future, presumed or no , noted or not, resulting directly or indirectly from these reclamations.
  • Noodra has no control on the Products put for sale in the platform.
  • Noodra cannot guarantee that the Product will satisfy the Buyer
  • Noodra cannot guarantee to the Seller that the Product will not be returned and/or the sale cancelled by the Buyer, all these elements being exclusively and only under the personal responsibility of each Seller and Buyer, unless stated otherwise in the present General Conditions.
  • Noodra does not control the information given by its members and published on the Platform. The information of Members can be injurious, damaging, inaccurate, deceptive or misleading. The identity and quality of a Member can differ from those presented on the website. NOODRA recommends caution and good sense from each user and remain at their disposal for any complementary information.

2.4 NOODRA and the Member are independent parties. Each one is acting in its own name and account. The present General Conditions do not create any subordination link, agency, partnership, joint venture, employment, or franchisee relationship between NOODRA and any Member.

2.5 NOODRA reserves the right to promote the Products on the platform for sale such as the implementation of partnerships with other websites, publications in the medias, advertisement emails etc...

2.6 By adhering to the following general conditions, NOODRA gets the authorization from any User to contact them to present new products, offers or any other aspect of the platform following their visit on the platform. The User cannot complain or litigate in any way regarding the said contact. However, the user can anytime ask NOODRA formally to have it stop.

3.MEMBER'S OBLIGATIONS

3.1 To access the Platform, the Member must first register and open an account on NOODRA’s website

  • The registration is only permitted to moral entities and physical persons over 18 years old, having the capacity to accomplish legal actions. Minors must have the formal authorization of their legal tutor to register.
  • The registration of a moral entity can only be realized by a physical person representing it.

3.2 To register, the Member must enter an email address and choose a password.

  • The Member is the only one authorized to use the Platform via his email and password and commits to not allow anybody an access under his identity.
  • If the Member realizes the access of his account by a third party, the Member must inform NOODRA immediately by e-mail at the address contact@noodra.com.

3.3 When registering, a Member can create a unique account to access the whole Platform:

  • Any exception to this rule must be supported by an explicit request by the Member and a specific authorization by NOODRA.
  • This account, especially the email address used or any other identification data obtained, will also be used to communicate regularly the new products, offers, promotions etc...
  • The creation or use of new accounts under one's own identity or a third party’s without the authorization of NOODRA could result in the immediate suspension of the accounts of the Member and all services linked.

3.4 Any person registering as a Member on NOODRA’s platform commits to act in good faith and to provide accurate and up-to-date information and all other data that might be required to finalize and maintain the registration on the Platform.

  • Each member must keep his account updated.
  • Each Member will be held sole responsible of any consequence resulting from the supply of invalid, incorrect or misleading information to NOODRA and/or another Member.

3.5 Each Member commits to use NOODRA’s Website and supply Contents on it by abiding by the present General Conditions and the legal provision in effect.

  1. Even if NOODRA controls the Content after it is uploaded on the platform, each Member is responsible for the Content he uploads on the platform. The Member prohibits himself from:
    1. breaching the copyright, patents, brands and models or private life of third parties.
    2. including in his research keywords terms harming the rights of a third party.
    3. including in any content, any part of complete URL, address or domain name directing to a website external to the Platform.
    4. rerouting, using and/or opposing to a service to be paid for on the Platform.
    5. redirecting all or part of the Sellers or Buyers of the Website or enticing all or part of the Seller or Buyers to not or not anymore sell or buy on the Website or any virtual shops on the Website or the Platform.
    6. doing any defamatory, injurious, denigrating, discriminatory, racial, religious, ethnic violence, hatred, obscene or pedophile actions.
    7. committing fraud or any penal infraction to obtain the transfer of money without in counterpart the delivery of a Product conform to the present General Conditions and of a value corresponding to the amount requested, infringing any law or directive applicable or any contractual clause binding the Member.
    8. damaging any informatics system or clandestinely intercept any data.
    9. damaging the reputation of NOODRA or to create unfair competition to NOODRA or any other Member or third party.
    10. engaging the responsibility of NOODRA or resulting in the loss of all or part of the services provider of NOODRA.

  2. NOODRA has the right to modify or delete immediately the Content that violates the General Conditions, and also suspend or delete the Member account.
  3. If a Member notices the sale of Prohibited Products on NOODRA’s Website, he commits to warn right away NOODRA by e-mail at contact@noodra.com.
  4. When a Member communicates a Content via NOODRA’S Website, he awards NOODRA a non-exclusive, non-transferable, free and sub-license eligible, for the whole world, and the duration of the Member registration, to use, reproduce, represent, publish, put to disposal, communicate, modify, adapt, display on the Website and any other supports by any means, all or part of the Content, without limitation in the number of copies, to storage, advertisement, promotion, marketing, communication, public relations purposes, and for the needs of implementation of partnerships or sponsorships with NOODRA's partners.
  5. When a Member communicates a Content via NOODRA’S Website, the Member also awards directly to any User a non-exclusive, personal, non-transferable, non eligible to sub-license, for the whole world, to reproduce and represent the Content to private non-commercial purposes.
  6. The Member accepts that his Content can be seen on the Website by any User that accesses his profile.
  7. if there is an action of a third party against NOODRA, the Member agrees to indemnify NOODRA as soon as the action might have its cause, funding or origin any Content provided by him on the Platform. Each Member commits to support all consequences, especially financiary, that might result of such action and to indemnify at first notice NOODRA.
  8. Noodra will suppress the account of a Member that asks for it, under the limit that all orders have been ended, reclamations, reclamations, retractation rights and refund requests have been handled and no other operations are running. To delete his account, the Member must send his request tocontact@noodra.com.
4. SELLER'S OBLIGATIONS

4.1 The Seller can create his virtual shop using a unique account associated to an email address and a password.

4.2 Each Seller prevents himself to list and sell on NOODRA’s website any Products:

  • against the law and regulation effective or the good customs and morals.
  • constituting illegal concealment or importation, violating the rights of a third party such as counterfeit Products as defined by the Code of intellectual property, sold in violation of exclusive distribution networks, or stolen and/or non conform to the security and the health of persons applicable to certain products. The Seller commits to engage all means necessary to reach the obligation of legal conformity.
  • not corresponding to a Product of the Seller available for purchase on the Platform.
  • which the Seller is not able to deliver notably according to the delay indicated in the online offer.
  • which pictures are not fully and legally owned by the seller.

4.3 If NOODRA notices the selling of Prohibited Products on the website, NOODRA has the right to:

  • unlist the sale of Prohibited Products and Services not compliant with the present General Conditions.
  • block, suspend, close or delete the account of the Seller.
  • cooperate with/Inform the authorities all information required regarding the sell offer and/or buy of any Prohibited Product or Service on the website.
4.4 Each seller commits :
  1. to indicate the whole and exact characteristics of the Product on sale on the Platform, the Product price (all taxes included and duties to be paid), the delivery delay and the shipping cost, conforming the regulation applicable.
  2. to offer Products that are accurate and not misleading for the Buyer.
  3. to list the Products in the right category and with the right specifications to be filled in.

    1. The Seller is solely responsible for the category in which he indexes his product. The indexation is not a guarantee from NOODRA on the origin, legal conformity and authenticity of this product and/or Service.
    2. NOODRA can modify, delete or block any product that is not in the right category or that has the wrong specification, or does not comply with the present general conditions.

  4. to solely be responsible of any Products he offers for sale on the platform:
    1. Products must comply with all laws and regulations applicable and NOODRA is not responsible in any way for the sale of a Product by the Seller that would not be conform to the law and regulation in effect.
    2. certain regulated products such as toys, electrical tools, child care tools, textile articles etc…must comply with the existence of specific regulation applicable to their sale and fabrication.

  5. to indemnify NOODRA in case of non conformity of his Products to the laws and rulings applicable. The Seller commits to take directly to his charge the payment of all sums, including all condemnations, legal fees, lawyer's fees and other amounts due to this effect.
  6. to keep all information on the Buyer confidential, to not share it and to only use data communicated by the Buyer for the purpose of ordering processing and the legal obligations corresponding.
  7. to not offer to the Buyer products available outside the Platform.
  8. to own all the necessary rights to sell any Products offered for sale on the Platform.
4.5 If there is a conflict between Sellers on the Content publicized by one of them (such as counterfeit), NOODRA:
  1. intervenes in the resolution center by keeping the right to act/punish on the platform any party concerned.
  2. reserves the right to not pursue reclamations from a Seller in these cases, without encountering any responsibility at this regard. Any potential intervention of NOODRA cannot be substituted to the consultation by the Seller of a lawyer if needed.
4.6 The Seller unavailable for more than 48 hours, must suspend his virtual shop, by using the deactivation function offered by NOODRA on the Platform. NOODRA also offers to the Sellers an option enabling the automatic reactivation of the Products.

4.7 NOODRA reserves the right to sanction the Seller which behavior, inside or outside the Platform, is susceptible to hurt the image and/or reputation of NOODRA or the Platform, especially following repeated negative feedbacks or complaints with one or many Buyers.

4.8 The Seller that wants to be paid using his Virtual Wallet must provide NOODRA with detailed bank account information. The Seller can get the amount of his Virtual wallet by bank wire or money transfer or on the credit card linked to its Wallet, depending on the order progression.

4.9 Case of the Professional Seller :
  1. The Seller acting as a professional must indicate it on the Platform and fill his registration number to the Commerce and Societies Register and any other information required by NOODRA allowing to identify him.
  2. It is the responsibility of the Seller to determine if he acts as a professional or not, by seeking, if necessary, at his cost, the legal assistance to determine his status and do all formalities accordingly.
  3. The Professional Seller has to respect all the rules and obligations incumbent upon him in his quality of professional, regarding the applicable law that he declares to know perfectly.
  4. The Professional Seller guarantees NOODRA that he will conform as a professional to his obligations and indemnify NOODRA of all consequences linked to the violation of any of his obligations as a professional Seller, including taking in charge the payment of any advocate fees and any other amounts that will be due as a result of that violation.
  5. The Seller must respect the conditions and modalities of sales in place in his country and the Buyer's, especially in terms of exchange, refunding and return fees responsibilities. In case of conflict between countries' legislation, the latest legislation in France is the referring legislation.
  6. The Seller commits to solve any litigation pleasantly and to the advantage of the Buyer as much as possible even if he acts unpleasantly or in bad faith. The Seller can then end the transaction by refunding the Buyer and notifying him.
  7. The Seller commits to deliver the products to the Buyer in the delay indicated on its page, or before. Otherwise, if the Buyer requests it, to refund him entirely. This refund should be done even if the product is being delivered but the announced delay has been expired.
  8. The general conditions implemented by the Seller cannot be contrary to the applicable laws nor to the following General Conditions.
  9. In the case of opposition or difference between the General Conditions of a shop and those of the Platform, the Seller commits to always respect the present and correct his, or he may have his shop suspended or deleted.
5. OBLIGATIONS OF THE BUYER

5.1 The Buyer can only create one account on the Platform to access it and buy products on the Website.

5.2 The Buyer commits to respect all the laws and regulation regarding the acquisition of any products.

5.3 The Buyer has to verify the detail of his orders, the amounts, fill in the necessary information allowing the payment of the Product(s) and correct eventual mistakes.

5.4 When a Buyer orders a Product on the Platform, the Buyer accepts that his name, surname, delivery address, country and town are communicated to the Sellers and potentially to any visitor of the website.

5.5 This confirmation of the order by the Seller will amount to a purchase offer.

5.6 The Buyer is responsible of checking his communicated address and cannot hold the Seller or NOODRA responsible if the address he entered is wrong.

5.7 L'Acheteur a la responsabilité de parcourir l'ensemble de la description d'un produit et des conditions de vente ainsi que de livraison avant d'effectuer son achat. L'Acheteur ne pourra rétracter son achat pour ce motif ou reprocher au Vendeur ou à NOODRA une confusion, oubli ou inattention de sa part.

5.8 The Buyer is responsible to read and check the whole product description and the seller's shop and sales conditions, including shipping conditions, before making his purchase. The Buyer can not retract his purchase for this reason and hold the Sellers or NOODRA responsible for any confusion, missed information or inattentiveness from him.

5.9 The Buyer will confirm the reception of the products when received. If the Product(s) ordered have not been received, the Buyer should fill a formal complaint. If, after 30 days since the expedition date of the order, neither confirmation nor reclamation is received by the Seller, the transaction is considered finished between the Seller and the Buyer.

5.10 The Buyers can contact NOODRA if he wants to modify the information displayed or wishes to be taken out of the NOODRA database of mailing list.

6. TRANSACTION PROCESS

6.1 The Buyer has to register beforehand as a Member or register as a Member at the time of the purchase to be able to buy Product(s).

6.2 The payment methods available on the Platform are the following:
  1. Credit card payment system implemented by NOODRA (via Stripe).
  2. Paypal.
  3. Virtual Wallet, given that it has sufficient credit.

6.3 The Buyer can add to his cart Products of many virtual shops and settle all of his cart in one time. As soon as the Buyer has finalized his order, an order confirmation will be sent to the Buyer and the Seller.

6.4 The Seller has to confirm the order made by the Buyer before 48 hours of the order. Passed this delay, the order is automatically canceled and the Buyer is automatically refunded. All the refunds are done by default on the virtual wallet of the Buyer, who has the responsibility to transfer them in his bank account or use them on the website again.

The Seller’s shop will be temporarily suspended or deleted after the 3rd consecutive order not validated.

6.5 When the Seller confirms the order in the 48 hours, his Virtual Wallet will be credited of the amount of the transaction.

Amount transferred on the Wallet = Total order amount - (commission + transaction fees)

6.6 The Seller must send the products as soon as the order is confirmed.

6.7 In the event of failure to debit the cards, recovery costs are to be planned and the Seller might not get the missing funds if NOODRA cannot cover them.

6.8 The Seller commits to send and ship the order to the Buyer, respecting the delivery delays and the legal dispositions applicable.

  1. The contact details of the Buyer will be accessible to the Seller once the payment is done.
  2. As soon as the Seller is ready to expedite the order, he must inform NOODRA and the Buyer, by indicating the delivery date.
  3. If the order is expedited by tracked mail, the Seller commits to give the tracking number to the Buyer.
  4. The Products ordered are expedited and shipped at the risk and cost of the Seller.
  5. If the Seller sends the Product without tracking, the Seller is solely responsible to send again the Product at his own cost.

6.9 The Buyer must confirm the good reception of the order as soon as he receives it and rate the Seller for the transaction so that he can get access to the related funds.

6.10 In the case of a sale with tracking number, the Seller can be manually credited of the sale amount, if the tracking indicates that the product has been received, even though the Buyer did not yet confirm it.

6.11 The reclamations, retraction rights use, refunding queries must be done by the Buyer to NOODRA and the seller before the legal delay and up to 21 days maximum after the purchase.The transaction is recognized as closed automatically after 30 calendar days without confirmation or by the time the Buyer confirms the reception using his account.

At any time, the Buyer can contact NOODRA to intervene and ensure he is satisfied or refunded for any transaction.

6.12 If the Seller is not reactive in less than 48 hours, NOODRA is free to refund the buyer and ensure that he is satisfied or reimbursed.

6.13 NOODRA is in no way responsible for the sale and cannot be required to give any guarantee regarding it.

6.14 In the event of an issue not fixed between the parties in 7 days, the Buyer can contact the NOODRA to intervene.

6.15 Once the order delivered, the Buyer can also evaluate the transaction using the evaluation system on the Website.

6.16 As for the withdrawal of the funds from the Virtual Wallet, the Seller must wait either for the Buyer to confirm the reception of the Product(s) ordered (and not issue a claim following) or 30 days after marking the shipping of the goods (with a corresponding and valid tracking number).

7. RECLAMATIONS AND RETRACTION RIGHT

7.1 The Buyer must address the reclamations, retraction rights and refunding queries to the Seller. If there are any issues regarding this, the Buyer can contact Noodra at any time.

7.2 The Buyer and the Seller will act diligently to the good resolution of the reclamation, under the supervision of Noodra. If the Seller refuses to address the Buyer’s claim or does not handle it in the 48 hours after its issuance, Noodra will examine the claim and, in the event of abusive refusal or non-treatment by the Seller to refund the Buyer, the amount will be billed to the Seller.

7.3 Noodra has the right to temporarily block the Seller's Wallet until the dispute is resolved between the Buyer and the Seller. If there are repeated claims against a same seller or a high cancellation rate from the same Buyer, Noodra has the right to temporarily block their Virtual Wallets, to suspend and/or delete their accounts temporarily or definitely.

7.4 In the case of a reclamation regarding a non-conform Product or regarding the use of the retraction right, the Buyer has to send back the Product to the Seller. The Buyer commits to pack properly the Product and to ship it cautiously to the Seller.

7.5 The Buyer will be refunded on his Virtual Wallet. He can then use the amount of the refund to make other purchases on Noodra’s platform or ask anytime for the transfer of the amount on his wallet to be credited on his bank or Paypal account or Western Union account.

8. FINANCIAL DISPOSITIONS

8.1 Commissions.

  1. NOODRA gets paid on the intermediation between Buyer/Seller and the services provided by perceiving a commission.
  2. Following the acceptance of the order and its payment by the Buyer, the Seller agrees to pay NOODRA a commission, which is due and paid no matter the payment method used.
  3. NOODRA can without indemnity modify its policy regarding the sale of Products on the Platform and/or the commission received by NOODRA and inform its members.

    1. If NOODRA implements specific operations (such as affiliation programs and/or partnerships with other companies and/or websites), the amount of the commission planned in these General Conditions might be modified.NOODRA will then inform in advance each Member of the commission applied for such operation.
    2. If there is a rise of these fees and commissions, NOODRA will inform the Sellers that have to accept the new modifications. If the Seller refuses the new financial conditions, he can terminate the present General Conditions, which will lead to the cancelation and suppression of his account.
    3. If a Seller sends his traffic of visitors, follower and clients (following a redirection from his website or the links of his social networks) to his NOODRA shop: the take rate is 5% (all taxes included) of the amount of the order (shipping fees included).
    4. If a Seller does not redirect traffic to its NOODRA shop: the take rate is 8% (all taxes included).
    5. If the Seller has to refund the Buyer, the commission due to NOODRA will be deducted from the next commissions, in proportion to the amount refunded to the Buyer and the Seller commits to pay the rest of the commission due. NOODRA will not refund the commission to the Seller if:

      1. the Seller doesn’t acknowledge a claim of a Buyer or does not handle it in less than 48 hours.
      2. the Seller does not respect the obligations stipulated in the present General Conditions of Use.

8.2 Invoicing

  1. At the time of the confirmation by the Seller of the order (maximum 48 hours after the order), the commission and all other fees due to NOODRA will automatically be deducted from the amounts credited on the Virtual Wallet of the Seller in case of payment through the secure payment system of NOODRA (with Stripe or Paypal).

    1. They will be automatically debited on the Virtual Wallet of the Seller, including in negative if the current balance is not sufficient. NOODRA keeps the right to debit at any time the amount of commission and fees due by the Seller on his Virtual Wallet or the latest payment method he used on the platform.
    2. The amount left due must be paid by the Seller by credit card or Paypal at any time and maximum 5 work days after the end of each month. In the event of nonpayment in these delays, a delay fee of 10% of the amount per week of delay due could be asked. If a Seller wish to settle his commission by another mean, he must make the express and formal request to NOODRA by email on contact@noodra.com.

  2. In the event of payment by the Buyer using the secure payment system, the Seller could ask for the wiring of the balance. The Seller must register his bank information beforehand on his account. For the Sellers outside of the SEPA zone, additional fees can be applied.
  3. The Seller will access the history of his bills to NOODRA in his account member space.
9. PLATFORM PROPERTY

9.1 The Platform, the Website, its Contents, catalogue, texts, illustrations, pictures and all other visual or sound elements, including the underlying technology used, are exclusive property of Noodra and/or the contract linked parties holding the intellectual properties rights pertaining to the Platform. Notwithstanding what precedes, the Contents supplied by each Member are and remain the property of each Member, under the restriction of the license granted by the Member to Noodra and to the Users respecting the present General Conditions..

9.2 Noodra can use any content uploaded to the platform for its communication, promotion and presentation of the platform.

9.3 It is strictly forbidden to reproduce, represent and/or exploit all or part of the Platform, the Website, its content, catalogue, texts, illustrations, photography and pictures and any other visual or sound elements, including the underlying technology used, without the authorization of Noodra beforehand. Notwithstanding what precedes, the User of the Platform is authorized to reproduce (including by downloading or printing all or part of the Platform) and represent all or part of the Platform, to strictly private and personal use at the exclusion of all commercial and lucrative purposes.

9.4 All people that edits the Website and wishes to create a direct hyperlink to the Website must ask the authorization for Noodra by formal and written request. The authorization of Noodra will in no case be granted in a definitive manner and this link must be deleted at first demand of Noodra.

9.5 The HyperText links to the Website that use techniques such as framing and in-line linking are strictly forbidden.

9.6 The Seller acknowledges and accepts that when he puts an item for sale on the Site, personal information concerning him, in particular his name and his first name, will be displayed on the Platform and will thus be visible to any potential Buyer.

9.7 Noodra reserves the right, in the event of a presumption of wrongdoing, to communicate the data of the Seller concerned (contacts, IP address and information on his consultation of the site and published content) to the co-contractor, to other third parties or to the authorities of competent investigation.

9.8 With regard to Buyers, the Seller has access only to the information strictly necessary for the execution of orders. It undertakes to ensure the confidentiality and integrity of this data, in particular by putting in place all physical and logical means sufficient to ensure the security of the data. It is forbidden to use Buyers' data for purposes other than the execution of orders.

10. LAW CONFORMITY

10.1 Each Member commits to respect the law, regulations and norms of all sort effective and relative to the use of services proposed via the Platform, to the sale, purchase and solicitation of purchase offers or to the sale of objects.

10.2 Also each Member recognizes expressly that the use of Noodra services can lead to a qualification as « storekeeper » as defined in the article L121-1 Commerce Code and that additional obligations can apply as his quality of professional.

10.3 In the event of characterized fraud (fraudulent copy, embezzlement, illegal importation, etc..) or on demand Noodra will communicate all necessary information, including nominative, to the competent authorities in charge of the repression of the said fraud and infractions.

11. DURATION AND RESILIATION OF THE GENERAL CONDITIONS

11.1 The present General Conditions are concluded for an undefined duration and are terminable at any moment by the Member or by Noodra, without any particular motive, by e-mail or on the Platform. All termination will take effect at the end of the month following the month during which the notification has been received.

11.2 Noodra reserves the right to issue a warning, suspend definitively or temporarily the registration of a member, and to end immediately and to cease to supply services :

  1. If the present General Conditions are violated.
  2. if Noodra is unable to verify or authenticate the information supplied, and that the Member doesn't react to its request of verification and/or authentication.
  3. if the acts of the Member are susceptible to engage the responsibility or image/reputation of Noodra, of the Member or any other Member.

11.3 In the event of termination, the account of the Member will be deactivated and the Blog and/or Shop of the Seller/Blogger will be inaccessible and disappear from the search engine tool of the Platform at the effective date of termination.

12. DELETION OF ACCOUNT

12.1 If a Member wishes to delete their account, they must send their request to contact@noodra.com.

12.2 NOODRA will delete the account of the Member who requests it, provided that all orders have been fulfilled, complaints, exercises of the right of withdrawal and requests for reimbursement managed and that no other operation is In progress.

13. RESPONSIBILITY

13.1 NOODRA is only engaged to an obligation of means.

13.2 In his quality of host of the Contents uploaded by the members, NOODRA cannot be held responsible of the Contents published on its Platform or the Website by the Members.

13.3 Regarding the Professional Sellers, in the event of a proven fault done by NOODRA, the responsibility of NOODRA, whatever the circumstances cannot exceed the most important of the following amounts :

  1. the total amount of commission paid by the said Seller during the last 12 months preceding the said responsibility action ; or.
  2. 100 euros.

13.4 All members are invited to alert NOODRA if the present General Conditions are violated, notably in the event he notices the sale offer of Prohibited Products, to the following address: contact@noodra.com.

13.5 NOODRA cannot be held responsible for dispute between Members.

14. EVIDENCE

14.1 The parties acknowledge that the production by NOODRA of the recordings on the NOODRA servers of the use of the Platform, and notably of the nominative access codes of the Members and the logs of connection, will be valid evidence between the parties.

15. GENERAL STIPULATIONS

15.1 NOODRA reserves the right at any moment and at its own discretion to suspend and stop the access to the Platform or the Website and/or the exploitation of the Platform, as a whole or in part, notably for maintenance intervention, operational necessities, internal choices or in emergency needs. It is agreed that such interventions would not in any case engage NOODRA's responsibility, nor give rights to indemnities or damage and interests to the benefit of a member or User of the Platform.

15.2 NOODRA reserves the right to take out or modify any content on the website for commercial, marketing, merchandising, technical or any other reason without being held responsible for issues following or give base for litigation of a Member or User of the Platform.

15.3 All notifications to NOODRA must be send by e-mail (at contact@noodra.com), unless stated otherwise.

15.4 Any notification sent to NOODRA but destined to a member will be by default sent to the Member on the email address given at registration. The notifications are recognized as received by a Member 24 hours after the sending of the email, except if the sender is notified the invalidity of the email address.

15.5 The notifications can also be sent to the Member, by recommended letter with reception notice, to the address communicated at registration. The 24 hour delay is then extended to 3 days after the sending of the mail.

15.6 The present General Conditions, with the mentioned documents in the general Conditions that are incorporated by reference, constitute the integrality of the agreement concluded between the parties. NOODRA keeps the right to modify the General Conditions and will inform each Member by email..

15.7 The modifications to the General Conditions will be effective 15 days after being uploaded. During this period of 15 days, each Member can notify to NOODRA his refusal of these changes, in which cases the present General Conditions and so his right to use the platform will be terminated at the end of the 15 days period.

15.8 In the event of one or several modalities appearing in the General Conditions to be illegal, non-invocable or inapplicable by a court decision, the other stipulations of the General Conditions will stay effective, at the condition that the general economy of the General Conditions are not shaken by it.

15.9 Each Member accepts that the rights and obligations issued by the present General Conditions and including the documents that are incorporated by reference, can freely and by full right be ceded by NOODRA to a third party in the event of asset handover, fusion or acquisition.

15.10 NOODRA's tolerance to a negligence of the present General Conditions by a Member or a third party, will not distort in any way its right and actions against any similar or ulterior negligence.

16. APPLICABLE LAW AND COMPETENT JURISDICTION

16.1 The present General Conditions are read and interpreted conforming to the French law.

16.2 The french courts will have competence to pronounce on the disputes susceptibles to arise between the parties relatives to the execution of the present..

16.3 The disputes between Members must be fixed between them, and NOODRA is not required to intervene or settle the said dispute.