These General Conditions (hereinafter referred to as " GTC ") are concluded between, on the one hand , the company LORD SERVICES, a public limited company with a board of directors with a capital of € 37,000 whose head office is located at 455 Avenue du Professor Etienne Antonelli - 34070 Montpellier, registered with the RCS of Montpellier under number 889 272 639 (whose intra-community VAT number is: FR60 889 272 639 and SIRET number is: 889 272 639 00010), telephone number: +33 ( 0) 4 83 43 29 44, contact email address: firstname.lastname@example.org (hereinafter referred to as " Lord Services " or the " company ") duly represented for the purposes hereof by its legal representative, and, on the other hand , a natural or legal person (hereinafter referred to as the " User "), acting as a professional or consumer, who (i) visits or uses the LORD TOKEN website published by Lord Services and accessible at the url address www.lordtoken.fr (hereinafter the “ Site ”) and / or (ii) uses the Services offered therein as defined in the “Definitions” article of these GTC.
Lord Services intends to operate as a digital asset service provider (PSAN). Indeed, the activity of Lord Services relates, among other things, to the operation of a platform for the exchange of digital assets against other digital assets, which corresponds to service n ° 4 referred to in article L. 54 -10-2 of the Monetary and Financial Code (“operation of a digital asset trading platform”), and subjects Lord Services to the status of digital asset service provider (“PSAN”) introduced by the PACTE law no. 2019-486 of May 22, 2019. As such, Lord Services has initiated procedures vis-à-vis the Autorité des marchés financiers in order to register as a PSAN. However, the success of this process is not guaranteed.
For more information on Lord Services, publisher of the Site, the User is invited to consult the Legal Notice of the site.
Lord Services and the User are hereinafter individually referred to as a "Party" and together referred to as the "Parties".
In addition to those defined elsewhere in these GTC, terms beginning with a capital letter have the meaning indicated below, whether in the singular or in the plural.
- Digital assets : in accordance with Article L. 54-10-1 of the Monetary and Financial Code, means (i) the tokens mentioned in Article L. 552-2 of the same code (excluding those fulfilling the characteristics financial instruments mentioned in Article L. 211-1 and cash certificates mentioned in Article L. 223-1), as well as (ii) any numerical representation of a security that is not issued or guaranteed by a central bank or by a public authority, which is not necessarily attached to a currency having legal tender and which does not have the legal status of a currency, but which is accepted by natural or legal persons as a means of exchange and which can be transferred, stored or exchanged electronically.
For the purposes of this definition, a “token” within the meaning of Article L. 552-2 of the Monetary and Financial Code constitutes any intangible asset representing, in digital form, one or more rights that can be issued, registered, retained or transferred by means of a shared electronic registration device making it possible to identify, directly or indirectly, the owner of the said property.
- API : refers to the Application Programming Interface allowing third-party sites or applications to access the User's Personal Space in real time, and therefore to the User's Portfolios and to the Services.
- API keys : refers to the public and private keys generated during the creation of an API and used to identify and authenticate the request made by the third-party site or application in order to access the User's Personal Space.
- Banxa : refers to the third-party, independent company of Lord Services which offers Users the opportunity to carry out Transactions for the Purchase and Sale of Digital Assets (cf. transactions involving receiving / distributing sums in fiat money in exchange for digital Assets ).
- Binance : refers to the third-party and independent company of Lord Services which develops, provides, maintains, updates, operates and administers the Exchange Platform ( powered by Binance ) accessible from the Site.
- Blockchain : designates the technology allowing the representation and transmission in particular of digital assets and allowing to keep the trace of transactions on these. Blockchain does not obey a single legal definition but generally has the following characteristics:
- the identification of each part is carried out by a cryptographic process;
- the transaction is sent to a network of computers (the “nodes” of the network) whose geographic location is sparse;
- each “node” hosts a copy of the database in which the history of transactions carried out is recorded. All stakeholders can access it simultaneously;
- the security system is based on a consensus mechanism of all or part of the “nodes” each time information is added. Transactions are validated by "data centers" or "minors". The transaction thus validated is added to the database in the form of a block of encrypted data (this is the “block” in the blockchain);
- in principle, the decentralization of security management constitutes a major obstacle to the falsification of transactions. Each new block added to the blockchain is linked to the previous one and a copy is transmitted to all the "nodes" of the network. The integration is chronological and presumed indelible and forgery-proof (see https://www.economie.gouv.fr/entreprises/blockchain-definition-avantage-use-application ).
- Order book: refers to the table managed by Binance which summarizes, at an instant T, the state of supply and demand for each Digital Asset offered on the Exchange Platform. Orders pending execution are listed in the Order Book. As soon as an Order matches another Order (i.e. when an offer and a demand match), then it is executed and exits the Order Book.
- Storage: means the Service allowing the User to keep in one (or more) Wallet (s), hosted on the Exchange Platform, the Digital Assets obtained through a Deposit, Exchange or Purchase as well as the public / private keys allowing the performance of Transactions on said Digital Assets. Custody is provided by the Exchange Platform, and therefore by Binance, and not by Lord Services.
- Personal Space: refers to the User's personal space (or account) on the Site, accessible by the User via the Site by means of the use of his Identifiers. The Personal Areas of Users are an integral part of the Site.
- Transaction Fees : means an amount in fiat money or digital assets owed by the User to Lord Services (unless otherwise provided in these GTC specifying that such Fees are due to a third party) for the provision of a Service of 'Surgery. These Transaction Fees vary in particular according to the nature of the Transaction, the amount of the Transaction and the type of Digital Asset. The Transaction Charges include the Charges on Buy Transactions, on Sell Transactions, on Exchange Transactions, as well as Deposit Charges and Withdrawal Charges.
- Intervention Fee : means an amount in Fiat Money or Digital Assets owed by the User to Lord Services (i) for a specific intervention by Lord Services such as the management of an incorrect or incomplete Order or '' an Operation that has not been completed by the User, or (ii) in respect of any intervention by Lord Services necessary or requested by a User which is linked, in whole or in part, directly or indirectly, to an error of the User for example in the use of the Services or in the non-respect by the User of these GTC, or (iii) for any other reason mentioned in the GTC. The amount of the Intervention Fee corresponds to a percentage of the amount of an Order or a Transaction or to a fixed amount, depending on the situation.
- Withdrawal / Deposit Fee : means an amount in Digital Assets owed by the User to Lord Services for a Transfer Transaction, i.e. Withdrawal / Deposit of Digital Assets from / to a Wallet due to the costs associated with such registration on the Blockchain concerned (cf. costs associated with the validation, by the computer systems of the Blockchain concerned, of the transfer operation, namely Withdrawal or Deposit, of Digital Assets).
- Identifiers : refers to the couple identifier and personal password allowing access to the User's Personal Space and the use of the Services within the limits of the rights granted to the User.
- Minimum limits : designates the minimum quantity of Digital Assets, or the corresponding value in equivalence of Currency-fiat if applicable, allowing the completion of a Transaction. The Minimum Limits relate in particular to the minimum quantity that must be bought, sold, exchanged, withdrawn or deposited by the User in order to be able to carry out a Purchase, Sale, Exchange, Withdrawal or Deposit Transaction.
- Maximum limits : designates the maximum quantity of Digital Assets, or the corresponding value in equivalence of Currency-fiat if applicable, allowing the completion of a Transaction. The Maximum Limits relate in particular to the maximum quantity that can be bought, sold, exchanged, withdrawn or deposited by the User as part of a Purchase, Sale, Exchange, Withdrawal or Deposit Transaction.
- Currency-fiat: means a currency having legal tender managed by a Central Bank and controlled by a State. In the absence of precision, this currency is the euro.
- Operation : refers to any transaction carried out at the request of the User through his Personal Space and relating to Digital Assets. Among these Operations, it is necessary to distinguish the:
- Purchase Operation (or Purchase): refers to the Operation whereby the User exchanges a defined amount of fiat Money for a quantity of Digital Assets. The Purchase Operation is operated by a third-party platform independent of Lord Services, published by Banxa.
- Sale Operation (or Sale): refers to the Operation whereby the User exchanges a defined quantity of Digital Assets for a defined sum of Currency-fiat. The Sale Operation is operated by a third-party platform independent of Lord Services, published by Banxa.
- Exchange Operation (or Exchange) : refers to the “ spot exchange” / “spot trading” type Operation whereby the User exchanges a defined quantity of Digital Assets for other Digital Assets. The Exchange Operation is operated by the Exchange Platform.
- Deposit Operation (or Deposit): refers to the Operation whereby the User transfers digital Assets into a Wallet from another Wallet or from an external Wallet.
- Withdrawal (or Withdrawal) Operation: refers to the Operation by which the User transfers Digital Assets held in a Wallet to another Wallet or to an external Wallet.
- Purchase Operation (or Purchase): refers to the Operation whereby the User exchanges a defined amount of fiat Money for a quantity of Digital Assets. The Purchase Operation is operated by a third-party platform independent of Lord Services, published by Banxa.
- Ceiling : designates the maximum value of the Transactions that can be carried out by the User over a given period. In the absence of precision, the Ceiling is calculated over a sliding year, and with regard to the cumulative value of all Transactions carried out over said period in euro equivalence.
- Exchange Platform : refers to the online digital asset exchange platform known as the "Exchange", developed, made available, maintained, updated, operated and administered by Binance, accessible in white label via the Site, the latter being operated by Lord Services.
- Wallet: designates an application (or wallet ) accessible by the User within his Personal Space, made available by the Exchange Platform and whose Conservation is ensured by the latter, within which digital Assets are held and from from which the User can carry out Transactions on the Digital Assets he owns. The User has as many Portfolios as the type of Digital Assets he owns (cf. one Portfolio per type of Digital Assets).
- External wallet : means an application (or wallet), made available by a third party to Lord Services and / or Binance, in which Digital Assets are held, and on which neither Lord Services nor Binance has visibility or does not exercise control.
- Price (of a Digital Asset) : refers to the value of a Digital Asset A, expressed in euros, in another fiat Currency or in the value of another Digital Asset B, as set by Binance according to the supply and demand from its own users ( ie from its Order Book) and more generally depending on supply and demand on all digital asset trading platforms (see on " Digital Assets Market), and updated almost in real time. Thus, by default, Lord Services cannot indicate in advance the Price of a Digital Asset nor guarantee the future Price of a Digital Asset nor the stability of this Price over time. The Price of a Digital Asset at a time T is indicated on the Site, but this indication does not prejudge the Price of said Digital Asset when performing an Operation.
- Services : refers to all the services offered by Lord Services to Users via the Site, and as defined in the "Description of Services" article. The Services are an integral part of the Site.
Lord Services has developed the Site in order to present the Services it offers and in particular to make available to Users, via its interface, the Binance digital asset exchange platform, known as the Exchange Platform.
The Site is also intended to provide Users with information enabling them to discover the activity of Lord Services, its news (events, publications, etc.) as well as tutorials aimed at guiding them in using the Site. It also offers features and / or information allowing Users to contact Lord Services.
The purpose of these T & Cs is to define the conditions of access to the Site, as well as the conditions of use of it and of the online content offered therein as well as of its functionalities. The purpose of these T & Cs is also to regulate the provision of Services to the User in return for compliance by the User with the obligations and guarantees stipulated in these T & Cs.
It is specified that these T & Cs are the only contractual documents enforceable against Lord Services, to the exclusion of any other document (prospectus, summary information document, video media, presentation of the Services, information on Digital Assets, etc.) which have only an indicative and non-contractual value, and to the exclusion of any other possible conditions of service, sale or purchase of the User which can not in any way be enforceable against Lord Services.
3. Terms of acceptance and enforceability of the GTC
Any User who accesses the Site is required to read these GTC, which can be accessed and downloaded via the “General Conditions” section appearing on all pages of the Site, and must comply with their terms.
The GTC as well as the content of these sections can also be communicated by the company by email or by paper mail at the User's request to email@example.com .
These GTC are formally accepted by the User when creating their Personal Space. The User also receives a copy by e-mail to the e-mail address provided when creating his Personal Space.
Lord Services reserves the right to adapt or modify these GTC at any time and without notice. Any new version put online takes precedence over any previous version, in particular printed or saved in digital or paper format by the User. The User is therefore invited to consult and read these GTC on a regular basis. The applicable version of the GTC is the one accessible online while the User is visiting and using the Site.
In any case, the User who has a Personal Space will be informed of the entry into force of new GTC by e-mail to the e-mail address provided when creating his Personal Space and invited to take notice. Carrying out Transactions and / or connecting to their Personal Space and / or using the Site and / or Services (even if it is only a simple consultation) constitutes acceptance of the GTC in force. Also, for each Operation carried out or each Service used, the GTCs in force on the date of completion of said Operation or use of said Service are applicable to the User. The User is recommended to save the T & Cs in force on the day of using each Service and / or performing each Operation, notwithstanding the archiving rules implemented by Lord Services.
Users who do not wish to accept the new T & Cs have the option of denouncing the T & Cs and deleting their Personal Space, under the conditions provided below herein.
The User declares and acknowledges being of legal age (ie being at least 18 years old) and having full legal capacity allowing him to engage under these GTC.
These GTC are concluded for an indefinite period.
The User acknowledges having read the nature, destination and characteristics of the Site and the Services, as well as the prerequisites necessary for their use, in particular the conditions relating to the creation of a Personal Space. He acknowledges having requested and obtained all the desired information, in particular with regard to both quantitative and qualitative characteristics related to the Services, allowing him to assess the adequacy of the Services to his needs and to conclude the GTC in full knowledge of the facts. The User is solely responsible for the choice to use the Site and the Services, as well as to carry out Transactions, so that Lord Services cannot be held liable in this regard.
4. Description of Services
5.1. Access to the Site and the Services
The User declares and acknowledges having the technical competence to use the Site and the Services, and acknowledges having verified that the IT configuration he uses for this purpose is in perfect working order. The User is solely responsible for the proper functioning of his computer equipment as well as his internet access.
All costs relating to access to the Site and the Services, whether hardware, software or Internet access costs, are exclusively the responsibility of the User.
The User undertakes not to use the functionalities of the Site, the Services as well as all the content to which he may have access except for a purpose in accordance with the regulations in force, and in particular public order, morals and rights of third parties. Lord Services cannot be held responsible for the use by the User of the Site and the Services in the event of disagreement in particular with the provisions applicable to said User.
Furthermore, the User acknowledges that it is his responsibility to use the Site and the Services in good faith and not to undermine the brand image, reputation or notoriety of Lord Services or its partners ( for example Binance or Banxa) in any way.
5.2. Content quality
The content (such as information, elements, documents, etc. in any form whatsoever, in particular text, figures, images, etc.) provided and / or disseminated on the Site are provided for information only. Indeed, despite the care taken in developing and updating the Site, the content contained therein is provided "as is", as generic information and Lord Services cannot therefore guarantee its accuracy. , the appropriateness, relevance, timeliness or completeness, nor their suitability to the needs of the User.
Also, the contents appearing on the Site must not be considered as authoritative, nor replace the personal judgment of the User, and cannot constitute the only basis for any decision-making by the latter.
If the User notices the presence of inaccurate content or that may infringe the rights of a third party or violate a regulatory or legislative provision, he is invited to report it by email by writing to firstname.lastname@example.org .
Users may not establish a link (including redirects) to the Site without the express prior authorization of Lord Services. Such authorization request must be sent by email to email@example.com . Under no circumstances can this authorization be qualified as an implicit affiliation agreement. In any event, the links to the Site must be removed at the first request of Lord Services.
Lord Services reserves the right to set up links on its Site giving access to sites, web pages or applications other than those of the Site, as well as to redirect the User to other sites, web pages or applications. Users are formally informed that the sites, web pages or applications which they can access through these links do not belong to Lord Services, which moreover reserves the right to remove the said links offered by its Site to a application or a third-party site if it in particular becomes contrary to the regulations in force or to its values. Lord Services cannot be held responsible for access by Users via the links set up on the Site to third-party sites or other resources on the Internet, nor for the content of the information provided by these third-party sites or others. resources for the activation of said links.
5.4. Availability of the Site and Services
Lord Services strives to provide a quality service and to allow the User to use the Site and the Services under the best possible conditions. Thus, the Site and the Services are in principle available 7 days a week, 24 hours a day. However, Lord Services is not bound as such by an obligation of result but only by an obligation of means, and does not guarantee not the availability, the optimal functioning or the speed of the Site or the Services, nor their permanent and continuous accessibility.
In fact, the User is informed and accepts that access to the Site and / or the Services may be delayed, altered, prevented or interrupted due to, in particular:
- technical hazards inherent to the internet, including in particular fluctuations in bandwidth and the vagaries of the internet service provider of Lord Services, of a partner of the latter (including Binance or Banxa and their own bets up-to-date and technical contingencies) and / or a host;
- a case of force majeure;
- use by the User of the Site or the Services that does not comply with the GTC or with the details and indications that may appear on the Site;
- unavailability or a hazard with regard to access to the telephone network or to the Internet or to any other network (computer network, telecommunications or electronic communication network, etc.) by Lord Service, by Binance, by Banxa or by the User;
- an inability to access or difficulties encountered in accessing data hosted by third parties (including Binance or Banxa) for reasons not attributable to the company;
- a problem or difficulty, in particular technical, related to the operation of a Blockchain;
- an unavailability or a hazard regarding access to computer systems, applications, websites or platforms of market places or partners (including Binance or Banxa) or others to which Lord Services and / or Binance and / or Banxa would have recourse for the provision of the Services;
- the unavailability or loss by the User of his Identifiers to access his Personal Space;
- an illicit, malicious or unfortunate act (including facts resulting from the action of "cybercriminals" or "hackers", logical or other attacks such as computer viruses, malicious programs, etc.), having for object or effect an attack on the computer systems, applications, websites or platforms of the User, the company, its partners (including Binance or Banxa) or even marketplaces to which Lord Services or Binance or Banxa would have recourse for the provision of the Services.
In addition, the company reserves the right to close access to all or part of the Site and / or to suspend the execution or the supply of all or part of the Services in the event of the occurrence of one of the above hypotheses or also in the event of endangerment or threats to its human resources (eg members of its staff) or to its technical resources of any kind.
For scheduled maintenance operations, Lord Services will make its best efforts to inform the User in advance. However, the Site may, without notice or compensation, be temporarily closed, and access or the functionalities of the Site or the Services may be limited, in particular to carry out technical or operational or other interventions necessary for their proper functioning (eg: operation of tests, maintenance, control, resolution of possible failures, operational modification or change, evolutions, etc.), to an update, to the deployment of a new version or to any other operation deemed necessary by Lord Services or Binance or Banxa, what the User accepts.
Lord Services cannot be held liable for any failure or interruption of the Site and / or the Services linked to one of the cases referred to in this article "Availability of the Site and the Services".
5.5. Technical conditions and preservation of the Site and the Services
The User must equip himself with the appropriate telecommunications means allowing him to access the Site, his Personal Space and the Services. The User guarantees that the hardware and software elements he uses for the purposes of accessing the Site, his Personal Space and the Services, and their use, are in good working order.
The User also undertakes to take the appropriate measures to ensure the security of his own devices and / or data and / or content and / or software from contamination by possible viruses, malicious codes or any other harmful technologies or logical infections. , and take care not to introduce such viruses into the Site.
The User undertakes not to undermine the proper functioning of the Site or the Services and not to commit any act that could jeopardize the computer security of the Site or the computer system of other users of the Exchange Platform (whether they are Users or not), Lord Services or a partner of the latter (including Binance or Banxa). In particular, the User undertakes not to use devices or software of any kind which would have the consequence of disrupting, interfering with or interrupting the normal functioning of the Site or the Services, or which would impose a disproportionate load ( in terms of hosting volume, bandwidth, etc.) on the Site.
The User also undertakes not to extract, for commercial or unauthorized purposes, all or part of the information or data present on the Site, as well as not to use a robot, in particular an exploration robot ( crawler or spider ), software, an automated system, a script, a program, an application for searching or retrieving websites, or any other means making it possible to extract or index all or part of the content of these applications. Thus, in particular, crawling , scraping or screen scraping practices are expressly prohibited.
The content of the Site must under no circumstances be downloaded, collected, copied, altered, modified, deleted, distributed, transmitted, broadcast, rented, sold, licensed, exploited, in whole or in part and in any way whatsoever, without l Lord Services express, prior and written agreement.
The Site is an automated data processing system. The same applies to Personal Spaces. The User is prohibited from accessing or maintaining himself, fraudulently, in all or part of the Site or a Personal Space that is not his. The User is prohibited from using any access method other than the interface made available by Lord Services. In the event that such a method is discovered or if the User enters a reserved space (for example in the Personal Space of another User), without right, inadvertently, the latter undertakes to inform them without Lord Services deadline by e-mail to the following address: firstname.lastname@example.org so that it can take the measures it deems necessary.
Lord Services reserves the right to bring any action or claim necessary to prevent, put an end to and penalize any harm to the Site, to the content of the Site, to a Personal Space but also to the Services, including in the context of legal proceedings, without prior notice.
The User is solely responsible vis-à-vis Lord Services, or its partners (including Binance or Banxa), for any damage that may result from access to the Site, to their Personal Space as well as to Services, and their use.
Any breach of the stipulations of this article by the User constitutes a serious breach likely to result in the termination without notice of the GTC to the sole wrongs of the User and the definitive prohibition for the User to access and use the Site and Services.
5.6. Supervision of the use of the Services
The User must, at all times when using the Site or the Services, act in compliance with applicable laws and regulations (in particular with regard to the tax and / or social declarations that must be made due to the performance of certain Operations and for which he is solely responsible), as well as in accordance with the indications, information, communications from Lord Services as communicated in particular by means of these T & Cs or on the Site or via the User's Personal Space. As such, it is specified in particular that the User is required to carry out all the steps required under his tax obligations (such as for example, but without this clarification being exhaustive, the declaration of his capital gains) and social , and that Lord Services does not carry out such steps on behalf of Users.
In addition, the User undertakes not to disrupt, adversely affect or prevent the use of the Site or the Services by any other user (whether or not he is a User).
The User is prohibited from proceeding or participating through his use of the Site or the Services in practices having as their object or effect the manipulation of the market (such as wash trading , cross trading , spoof trading , front running , sell wall , dark pool , pump-and-dump , etc.) whether or not these practices are expressly prohibited by applicable laws and regulations.
The User is also prohibited from using or exploiting the Site or the Services to carry out or participate in money laundering, pyramid selling or any other risky or illegal operation.
In addition, any commercial use and / or exploitation of data, in particular market data, obtained or accessed or made available through the Site and / or the Services is prohibited, as is any copying, extraction, extraction , etc. of said data.
The User gives Lord Services and its partners (including Binance or Banxa) any authorization to temporarily control the Digital Assets present in his / her Portfolio (s) when necessary for the provision of the Services.
Any breach of the stipulations of this article by the User constitutes a serious breach likely to result in the termination without notice of the GTC to the exclusive wrongs of the User and the definitive prohibition for the User to access and use the Site and Services.
5.7. General principles applicable to the Services
5.7.1. General restrictions
The Services are accessible to the User who has a Personal Space validated by Lord Services and who has not been subject to, or is not subject to, a suspension, sanction, restriction, limitation, termination procedure. , closure or deletion.
In addition, Lord Services reserves the right, for the purposes of deciding whether a Service or an Operation can be performed by a User, to request said User to provide specific additional information and / or documents.
In addition, Lord Services reserves the right, without notice and without this giving rise to the right to compensation for the User, to refuse the execution of a Service or an Operation requested by a User, to cancel an Operation requested by the User or suspend recourse by a User to the Services or to one or more specific Services, and this in particular in the event of violation by the User of his obligations or commitments under these GTC or if Lord Services considers that there are sufficient elements suggesting that the User could be in violation of his obligations and commitments under these GTC, or in particular:
- in the event of detection of unusual or suspicious activities in the User's Personal Space, or of suspicion about the identity of the User;
- in the event of detection or notification of unauthorized access to the User's Personal Space;
- in the event of such a request by a competent authority (request, court decision, investigation in progress, etc.);
- in the absence of provision by the User of information or additional documents requested by Lord Services;
- in the event of inappropriate behavior and / or wrongful actions by the User (insults, threats, violence, etc.).
Lord Services also reserves the right, in particular with a view to preventing fraud and combating illicit or fraudulent activities, to impose on a User, in a personal capacity, Limits or a Ceiling under the conditions set out below. , and / or restrict or limit the use by said User of certain Services.
These restrictions may be lifted by Lord Services if the latter considers that the causes and reasons leading to their implementation have disappeared, where applicable subject to the communication by the User of information and documents that may be requested by Lord Services. Intervention Fees may also be charged / invoiced to the User in accordance with the stipulations provided for in the article "Financial conditions".
5.7.2. Restrictions due to the Digital Assets available for a given Service
The User can perform Transactions on different Digital Assets as offered / accepted on the Site. The list of Digital Assets accepted on the Site is available in the “Prices” section ( available soon ) and is subject to change at any time without notice. In the event of final withdrawal of a Digital Asset from the Site, Lord Services will make its best efforts to notify Users of this change with reasonable notice as well as to allow the User to carry out Sale, Withdrawal or Exchange Transactions. on said Digital Assets.
Moreover, the Services are not all open to all types of Digital Assets offered on the Site, but some are only open to the types of Digital Assets identified as such on the Site. Thus, certain Services may only be usable subject to the use of certain types of Digital Assets. The User must therefore, through his Personal Space and more broadly through the Site, ensure the Digital Assets that he can use according to the Services to which he wishes to use, and in particular when using said Services.
5.7.3. Restrictions due to the setting of Minimum and Maximum Limits, and a Ceiling
The User may use the Services subject to compliance with the Minimum Limits and Maximum Limits set by Lord Services, for example for certain Transactions and for certain types of Digital Assets, in accordance with the details appearing in the “Prices” section ( soon available ) and / or details appearing in the User's Personal Space when a maximum or minimum Limit has been imposed on him personally by Lord Services. These Limits are subject to change at any time without notice. The User is therefore invited to take note of the Minimum Limits and Maximum Limits which are applicable to him at the time when he wishes to carry out an Operation, and undertakes to respect them.
In addition, a Ceiling may be applied to the User by Lord Services, either for all of its Transactions, or only for certain Transactions and / or for certain types of Digital Assets. The User will be informed of the existence of such a Ceiling through his Personal Space.
A Ceiling may also be applied by Lord Services in general to all Users either for all their Transactions, or for example for all Transactions carried out on a type of digital Asset. Users will be informed of the existence of such a Ceiling through the Site and in particular through the “Prices” section ( available soon ).
These Ceilings are subject to change at any time without notice. The User is therefore invited to ensure the Ceilings that are applicable to him at the time when he wishes to carry out an Operation, and undertakes to respect them.
5.8. Warning - risks inherent in the Services
The User acknowledges that the Transactions carried out within the framework of the Services, and in general the purchase, use, sale, exchange, conversion or even holding of Digital Assets, present risks for which the Lord Services cannot be held liable under any circumstances, namely in particular:
- macroeconomic risk: the change in the macroeconomic situation may lead, among other things, to abnormal price fluctuations, which may affect the User;
- political / regulatory risk: changes in applicable laws and regulations may lead, among other things, to abnormal price fluctuations, or even to a questioning of the conditions of operation of the Site and of the conditions of provision and use of the Services, which may affect the User;
- return risk: Digital Assets are not issued by financial institutions, and the Digital Assets market is a new and loosely regulated market that is likely to generate no real return;
- volatility risk: Digital Assets are heavily used by speculators, which means that Transactions involving Digital Assets are exposed to extremely high volatility risks; Moreover, Transactions are carried out throughout the day without interruption and without restriction on the rise or fall of the price, which implies that the price of the Digital Assets may undergo sudden variations resulting in partial or total losses of the investments of the Users. Also, buying, selling, exchanging, etc. Digital Assets involve significant risks: the User is invited to never invest more than he can afford to lose;
- decentralization risk: there is no central entity or organization that controls and regulates Digital Assets. On the contrary, Digital Assets rely on decentralized Blockchain technology. In the event of a crisis, no entity or organization protects the digital assets market to minimize your losses, for example.
- operational risks: failures in hardware, software or even networks (internet, telecommunications, electronic communication, telephone, etc.) may result in certain cases in the loss of digital assets;
- risk induced by cases of force majeure;
- risk of theft or loss of the private key and other handling error (eg risk for the User of theft or loss of his Identifiers) which may lead to the partial or total loss of the Digital Assets;
- liquidity risk: the exchange of a digital asset for a fiat currency is not always guaranteed, nor for another type of digital asset.
Lord Services also insists on the fact that Digital Assets and Blockchain are new technologies, obeying specific rules that differ from traditional investment systems. Thus, any use of the Digital Assets whether as an investment, as a monetary equivalent, etc. presents risks that the User must take into account.
The User must ensure that he is informed and trained on the operation and characteristics of a Blockchain, digital Assets, digital Asset exchange platforms (how to carry out a Purchase or Sale Operation or 'Exchange? How to use a Wallet? How to remove your Digital Assets from your Wallet? Etc.).
Lord Services provides Users with information and tutorials aimed at guiding them in using the Site and the Services. The User is however invited to vary his sources of information and thus to consult sites other than that of Lord Services to obtain information and training on the risks inherent in the Services, it being specified that the information and details appearing on the Site are not exhaustive, nor necessarily up to date, and are only indicative with regard to Users.
The User must therefore be particularly vigilant when using the Site and the Services, and must ensure that he has all the skills and knowledge, in particular technical and financial, required to handle Digital Assets. In particular, Lord Services reminds Users that past performance is no guarantee of future performance, and that investment in Digital Assets presents risks of partial or total loss of capital . The User is in any case invited to consult professionals specializing in financial, legal or tax advice before carrying out any transaction involving Digital Assets.
6.1. Creation of a Personal Space
For the purpose of creating his Personal Space, the User must:
- complete the required fields on the online form for this purpose and thus communicate the requested information, namely:
- For a natural person: name and first names of the User, email address, telephone number, user name, identity document, date of birth;
- For a legal person: kbis extract (or equivalent) less than 3 (three) months old, articles of association, username, surname and first names of the legal representative, email address of the legal representative, date of birth of the legal representative, telephone number of the legal representative.
- communicate the documents requested online for this purpose, in particular as required under the obligations set out in the article “Identity Verification - Know Your Customer” hereof.
The information and documents indicated above, as well as the technical characteristics (format, size, etc.) of said documents, are liable to change over time. The exhaustive and current list of information and documents, as well as their technical characteristics, to be provided by the User when requesting the creation of his Personal Space is indicated in the section [to be completed + insert a link to the section] of the Site, and is accessible at the User's request at the address [to be completed].
In the absence of communication of this information and documents, the User's Personal Space cannot be created and he cannot benefit from the Services requiring the prior creation of such a Personal Space. In general, the User certifies the veracity and accuracy of the information transmitted (including the documents communicated, automatically or on request) when creating his Personal Space and Lord Services will be able to put at stake the responsibility of the User or any person involved in the event that said information transmitted is false, inaccurate or misleading. The User must communicate his real identification information (eg: his real name) and contact details. The User is also required, if necessary, to update the information communicated in order to ensure their accuracy in time and at all times, and guarantees Lord Services thereof. Lord Services cannot under any circumstances be held responsible for any difficulty encountered by a User, for example with a view to accessing his Personal Space or even using the Site or the Services, which may be linked, directly or indirectly, to communication by the User of inaccurate or incomplete information, or even failure to update his information by the User, it being specified that Lord Services may condition the use of the Services to the provision by the User updated / updated information and documents (in particular valid identity document) or even the provision of additional information or documents (proof of origin of funds, response to a KYC questionnaire, etc.). The communication of inaccurate or incomplete information, or false documents, or even the absence of updating of this information or documents by a User constitute serious breaches by the User of these GTC giving right to Lord Services. to terminate the GTC and to delete the User's Personal Space without notice, in accordance with the article "Denunciation - termination".
The communication of additional information and / or documents may also be required by Lord Services in the event of a request by the User to modify information relating to his Personal Space.
6.1.1. Conditions for creating a Personal Space
A Personal Space can only be owned by one person (whether a natural or legal person), and each person (whether a natural or legal person) can only hold one Personal Space.
Any person (natural or legal) wishing to open a Personal Space must have full legal capacity for this purpose, as well as to engage under these GTC. As such, any natural person acting on behalf of a legal person guarantees to have all the rights and authorizations necessary to validly commit said legal person.
In addition, the opening of a Personal Space by a natural person requires to be over 18 years of age.
It is up to the User to ensure compliance with these conditions.
The content of the aforementioned section and the conditions of eligibility or restrictions on the creation of a Personal Space are likely to change at any time and without notice, by simple decision of Lord Services, and this in particular but not exclusively in order to comply with legislative or regulatory obligations. Lord Services cannot be held responsible for the consequences of restrictions (such as refusal to create a Personal Space, suspension or even closure / deletion of the User's Personal Space), even new ones, which may relate to the country of residence. , to the nationality or the country of the registered office of the User or which would result from legislative or regulatory obligations.
6.1.2. Identity verification - Know Your Customer
The information communicated by the User for the purposes of creating a Personal Space is used to verify his identity, in particular within the framework of Lord's “Know Your Customer” or “customer knowledge” obligations (hereinafter “KYC”). Services, as well as to prevent or detect any attempt or action of fraud, corruption, money laundering or terrorist financing in particular, and more generally any potential illicit or fraudulent activity or action.
The request made to the User to communicate this information to the company results, among other things, from the latter's obligations under the fight against money laundering and the financing of terrorism within the meaning of the Monetary and Financial Code. In this regard, the User undertakes to, and guarantees Lord Services, to comply with the latter's KYC policy.
The creation or opening of a Personal Space is prohibited for any User whose Personal Space has previously been closed by Lord Services resulting from a termination of these T & Cs for fault of the User.
The User who requests the creation of his Personal Space guarantees that his use of the Site and the Services will not expose Lord Services to sanctions and that this use will not violate any applicable law or regulation, in particular as regards the fight against terrorism, the fight against against corruption or the fight against money laundering. Thus, the User guarantees in particular:
- not be subject to a ban on using the Services resulting in particular from legislative or regulatory provisions or even from an administrative or court decision, for example;
- not be subject to restrictions on access to financial services as adopted in particular by the United Nations, the Council of the European Union, etc. in the context of the fight against terrorism, the fight against corruption or the fight against money laundering;
- not appear on the list of specially designated nationals maintained by OFAC (Office of Foreign Assets Control, namely the foreign assets control office of the United States Department of the Treasury) nor on the list of persons or refused from the department of United States commerce.
Any breach of the provisions of this article "Creation of a Personal Space" by the User constitutes a serious breach liable to lead to the termination without notice of the GTC at the sole fault of the User and the definitive ban for the User from '' access and use the Site and the Services.
In addition, the company reserves the right to refuse the creation of a Personal Space by a User who does not comply with or does not respect the conditions and modalities provided for in this article "Creation of a Personal Space", and more generally to these GTC, as well as to temporarily suspend or close / delete the User's Personal Space under the conditions set out in the articles "Suspension of the Personal Space" and "Closure and deletion of the Personal Space" herein.
6.2. Confidentiality and security of Identifiers and Personal Space
The creation of a Personal Space requires the User to choose Identifiers for connecting to said Personal Space which are personal, unique (ie not used on other websites), and which will be necessary to access said Personal Space. To this end, the User will be asked to choose a username or login (namely his e-mail address) and a password which must comply with the format and characteristics required as indicated on the online request form. creation of its Personal Space.
The User is solely responsible for preserving the confidentiality of his Identifiers which are strictly personal to him, and undertakes to take all useful measures to ensure this perfect confidentiality, and in particular to regularly change his password (ie at least all every 6 months). Also, the User is required to keep his Identifiers confidential and to protect them against any access by or disclosure to third parties. The User is solely responsible for the strictly personal use of his Identifiers and guarantees Lord Services thereof.
The User's Identifiers can be reset at any time at the initiative of the latter or at the initiative of Lord Services, subject to informing the User beforehand (it being specified that in all cases this reset must be carried out. by the User himself of course, even if it is on the initiative of Lord Services).
In the event of loss or theft of a password, or in the event of unauthorized access to their Personal Space, the User will immediately and without delay inform Lord Services by email at the following address: contact @ lordtoken .com and will follow the instructions that will be communicated to it by the company, if applicable, in particular in order to block access to its Personal Space. The reopening of the User's Personal Space following such a locking request will be subject to the communication of additional information and / or documents by the User aimed at ensuring his identity and the legitimacy of his request to reopen. Lord Services cannot be held responsible in the event of the User's failure to communicate the information and / or documents required.
The use of the User's Identifiers to connect to his Personal Space and carry out operations (including Operations) is, between the Parties, attributable to the User (i) for operations carried out on or from his Personal Space, (ii) any use of the Site and the Services made concomitantly with its connection to its Personal Space and (iii) any fact or act relating thereto.
The User is also informed that the connection or access to his Personal Space by means of his Identifiers constitutes between the Parties proof of the authentication and identification of the User but also of his identity.
Lord Services makes its best efforts to ensure the security of access to the Services and in particular to the User's Personal Space, and to prevent any unauthorized person from having access to it. For example, the connection to the User's Personal Space is protected by a two-factor authentication device (double authentication or "2FA") and therefore requires input by the User, in addition to his Identifiers, a validation code that he receives by text message to the phone number indicated when creating his Personal Space or via the third-party Google Authenticator application. This double authentication system is also deployed and imposed on the User to carry out certain Operations or modify the information in his Personal Space or carry out certain manipulations on the Site. However, Lord Services does not guarantee the absolute security of the Services or of access to the Personal Space, and more generally to the Site.
In addition, following the creation of his Personal Space by a User, Lord Services may be required to send the User e-mails. The User is informed that any e-mail from Lord Services will in principle contain a personal code (also called an “anti-phishing code”) which will be brought to the attention of the User beforehand. It is up to the User to verify, for each e-mail he receives from Lord Services, that it contains the said code. Lord Services cannot be held responsible for all the consequences that may be suffered by the User as a result of the opening by the latter of an email that does not contain said code, or of a link or a part attached which would be contained in said electronic mail. In any event, the implementation of such a mechanism known as an "anti-phishing code" is an additional means of securing exchanges between Lord Services and the User but does not guarantee absolute security of said exchanges or that any e-mail containing such a code does indeed come from Lord Services. Also, the User is informed that he must in any case be vigilant and verify the identity of the sender of any e-mail he receives before opening it or opening the attachments or links that appear therein, and that Lord Services cannot be held responsible for the consequences of such an action by a User with regard to any e-mail which it considers to come from Lord Services but which does not actually emanate from the latter, and this even though this email contains the "anti-phishing code".
6.3. Suspension of Personal Space
Without prejudice to the stipulations provided for in the "Denunciation - termination" article hereof, Lord Services reserves the right to suspend access to the User's Personal Space and to suspend automatically and without notice the supply of any or part of the Services, in the event of violation by the User of his obligations or commitments under these GTC or if Lord Services considers that there are sufficient elements suggesting that the User could be in violation of his obligations and commitments under these GTC.
Furthermore, such a suspension may in particular take place:
- in the event of detection of unusual or suspicious activities in the User's Personal Space, or suspicion of the User's identity;
- in the event of detection or suspicion or report of unauthorized access to the User's Personal Space;
- in the event of reasonable suspicion of use of the Site and / or the Services in connection with illicit or fraudulent activities;
- in the event of such a request by a competent authority (request, court decision, decision or request from an administrative or judicial authority, investigation in progress, etc.);
- in the absence of provision by the User of information or additional documents requested by Lord Services;
- in the event of inappropriate behavior and / or wrongful actions by the User (insults, threats, violence, etc.).
The suspension of the Personal Space implies the impossibility for the User to connect to it and / or to benefit from the Services / to use the Services requiring such a connection to the Personal Space.
As far as possible (and in particular, unless prohibited by a competent authority or by the applicable provisions), Lord Services undertakes to inform the User of this suspension without delay and to indicate the reasons for this suspension.
Except in cases where the suspension of the User's Personal Space occurs following the request of a competent authority, Lord Services will inform the User, by sending an email to the email address provided by the User in his Personal Space, a period within which he will be required to remedy the causes of this suspension (for example regularization actions to be carried out in the event of violation by the User of his obligations or commitments under these GTC or even communication of information and / or documents for analysis by Lord Services of the situation, etc.). In the absence of indication, this period is 7 (seven) days.
If the User fails to comply with Lord Services' requests within the time period communicated by the latter, Lord Services reserves the right to definitively close the User's Personal Space for fault and to terminate these GTC under the conditions of the "Denunciation - termination" article hereof.
6.4. Closure and deletion of the Personal Space
6.4.1. General principles
The User can request the closure and deletion of his Personal Space directly from his Personal Space or by e-mail to the following address: email@example.com .
The closure and deletion of the Personal Space by Lord Services occurs in any event automatically within two years from the User's last connection to his Personal Space in the event that he has not owned any Digital asset in his / her Portfolio (s) during this two-year period.
In addition, Lord Services will close and delete the User's Personal Space in the event of termination of these T & Cs.
In this regard, and unless otherwise stipulated in these GTC, the closure of the Personal Space implies the impossibility for the User to connect to it and / or to benefit from the Services / to use the Services requiring such a connection. to the Personal Space, as well as the deletion of said Personal Space.
It is also specified that it is the sole responsibility of the User to ensure the conservation and safeguarding of information and documents transmitted by Lord Services or to Lord Services, or more generally via the Site and / or recorded or stored. in the Personal Space, Lord Services does not provide conservation, backup or third-party archiving services in this regard.
The closure and deletion of a Personal Space, whatever the cause or the initiator, will not give rise to any compensation of any kind for the User.
6.4.2. Special situations
If an Operation or other transaction is in progress when the User's Personal Space is closed, Lord Services reserves the right to cancel this Operation or other transaction before deleting the Personal Space.
In the event of the death of the User, Lord Services may proceed with the transfer of the Personal Space and the Portfolio containing the Digital Assets to the beneficiaries in execution of a request in this precise and express sense of the beneficiaries and on presentation of the supporting documents required, in return for payment of the Intervention Fee and the Withdrawal Fee in accordance with the stipulations provided for in the “Financial Conditions” article.
6.4.3. Sale and / or and Withdrawal of Digital Assets
In the event of closure of the User's Personal Space, the latter is required to settle any costs, debts, etc. that he owes to Lord Services within a maximum period of 7 (seven) days.
After such payment, the User is invited to sell (cf. Sale Operation) / withdraw (cf. Withdrawal Operation) all his Digital Assets from his Portfolio (s) within his Personal Space, and must do so within a maximum period of 15 (fifteen) days following the closure of the Personal Space, it being specified that in the event of the presence of Digital Assets in the User's wallet within his Personal Space, the effects of the closure and deletion of said Personal Space may in fact be postponed for a maximum period of 15 (fifteen) days for the sole purpose of carrying out the aforementioned Operations by the User, Lord Services being able in this regard to apply specific restrictions in this context. '' concerning the use of the Services by the User (eg: blocking of certain Operations, etc.). In the absence of Sale / Withdrawal of said Digital Assets within this period, the User is informed that he definitively renounces said Digital Assets .
The Sale / Withdrawal by the User of his Digital Assets may be carried out under the conditions provided for in the article "Carrying out Operations". As a reminder, Withdrawal Transactions are subject to Withdrawal Fees which may be higher than the digital Assets present in the User's Wallet, which in such a case implies the obligation for the User to proceed with their Sale, or failing this (for example if the Sale of said digital Assets is not possible), to permanently renounce said Assets. The User is invited to contact Lord Services without delay in the event of difficulty relating to the Withdrawal or Sale of his Digital Assets following the closure of his Personal Space.
As an exception to the above, in the event of suspension or closure of the User's Personal Space following a suspicion of illegal activity or fraud (in particular corruption, financing of terrorism and / or money laundering, but also practice or participation in a practice of market manipulation) or in an illicit activity or proven fraud, or in the event of violation of the applicable laws and regulations or of these GTC, or in the case this suspension or closure results directly or indirectly from upon request from a competent authority, Lord Services may immediately make it impossible for the User to connect to his Personal Space and / or to benefit and use the Services requiring such a connection to the Personal Space. In addition, Lord Services will not be required to return the Digital Assets present in the User's Personal Space and it reserves the right to hand them over to the authorities on request if necessary.
7. Financial conditions
7.1. Digital Asset Prices
The User acknowledges being informed of the lack of stability in the Prices of Digital Assets and their particularly high volatility, neither Lord Services nor its partners (including Binance or Banxa) being able to be held responsible.
In the context of a Purchase or Sale of Digital Assets, the price of the Digital Assets depends solely on Banxa and is set under the sole responsibility of the latter, without any control by Lord Services or Binance. . The related information is communicated to the User by Banxa and under the exclusive responsibility of the latter.
The Price of the Digital Assets that may be the subject of an Exchange Transaction can be viewed by the User on the Site at the moment T when the User makes his Exchange request. The Prices displayed are not by default denominated in euros (€) or in another fiat Currency, but in the form of a quantity of one type of Digital Assets that can be exchanged for another quantity of another type. of Digital Assets. However, the User has the possibility of viewing, for information purposes only, the amount corresponding in equivalence to the quantity of Digital Assets offered for the Exchange and / or requested for the Exchange, in fiat Currency of their choice, among those offered on the Site.
7.2. Transaction fees
The Operations are services offered to the User for a fee. The User is therefore required to pay Lord Services (unless otherwise stipulated in these GTC specifying that the Costs are due to a third party) the Costs on the Transactions specified below and authorizes Lord Services to withdraw from his Wallet, or from the amount of the Transaction carried out, all the Costs on the Transactions that would be due in accordance with these GTC.
The rates charged on the Site, in particular the rates applied for the calculation of the various Operation Charges (or "Commission") appear on the Site under the "Tariffs" section, it being specified that the Commission rate may depend on various detailed criteria. in the said section. The Transaction Charges may be subject to minimums, as also specified in the “Tariffs” section (coming soon ).
The tariffs (in particular the Commission rate) can be modified / revised at any time. In the event of an update of the rates, the new rates apply to all Operations initiated and validated by the User after the date of entry into force of the new rates.
7.2.1. Charges on Purchase Operations and on Sale Operations
The amount of Fees on Buy or Sell Transactions depends solely on Banxa and is set under the sole responsibility of Banxa, without any control by Lord Services or Binance. The related information is communicated to the User by Banxa and under the exclusive responsibility of the latter. These Fees are due (and paid by the User) directly to Banxa.
7.2.2. Fees on Exchange Transactions
The amount of the Fees for Exchange Transactions is calculated as specified in the “Prices” section ( available soon ).
The amount of the Fees on Exchange Transactions is expressed by default in the type of Digital Asset that the User wishes to exchange for another type of Digital Asset, but can also, at the User's request, be expressed ( i) in euros (€) or in any other fiat currency desired by the User (by equivalence with the Price of the type of digital Asset that the User wishes to offer to the Exchange or request from the Exchange), under provided that it is offered on the Site (see drop-down menu offered when requesting an Exchange) or (ii) in the quantity of the type of Digital Asset desired by the User, provided that he has this type of 'Digital asset in its Wallet and that it be accepted by Lord Services at the time of the request.
7.2.3. Deposit Fee
Lord Services does not charge, unless otherwise stipulated or specified, in particular specified in the “Tariffs” section ( soon available ), fees for the Deposit of Digital Assets on the Portfolios of its Users.
7.2.4. Withdrawal fee
The amount of Withdrawal Fees corresponds to the costs associated with the validation of transactions specific to the Blockchain concerned, over which Lord Services has no control. This amount is presented to the User in the “Tariffs” section ( soon available ) at a time T but depends exclusively on the Blockchain concerned and can change at any time without notice without the liability of Lord Services being engaged in this respect. .
The amount of the Withdrawal Fee is expressed in the amount of the type of Digital Asset that the User wishes to withdraw.
7.2.5. VAT on Transaction Charges
The Costs on the Transactions are not subject to VAT (article 261 C, 1 ° -d of the CGI - BOI-TVA-CHAMP-10-10-40-50 n ° 10; article 135, paragraph 1, under d) , e) and f), of directive 2006/112 - CJEU, 22.10.15, C264 / 14, Hedqvist).
7.3. Intervention costs
Intervention Costs may be owed by the User to Lord Services in the cases provided for in these GTC. In addition, such Intervention Costs are also due in the event of error or improper handling attributable to the User in carrying out the Operations, and more generally in the use of the Services, as well as in the following assumptions:
- non-compliance with the Minimum Limits, Maximum Limits or a Ceiling;
- issuance of an incorrect or incomplete Order;
The amount of the Intervention Costs, depending on the type of intervention where applicable, is detailed in the “Prices” section ( available soon ). The Intervention Charges are independent of the Transaction Charges and are in addition (ie are added) to the Transaction Charges owed by the User.
The Costs on the Operations and the Intervention Costs, when they are due to Lord Services, are due and payable at the time of validation of the Operation by the User or, in the absence of a Operation, upon completion of intervention giving rise to intervention costs.
In accordance with the provisions of article L.441-10 of the French Commercial Code, any delay or non-payment of an amount due on the due date referred to above will result, without any reminder being necessary, the liability of penalties. delay. The interest rate for these late payment penalties will be that applied by the European Central Bank to its most recent refinancing operation increased by ten (10) percentage points. This rate is the rate in effect on January 1 of the year in question for the first semester of the year in question. For the second semester of the year in question, it is the rate in effect on July 1 of the year in question.
These penalties will be calculated and will be due without prejudice to the right for Lord Services to claim compensation for its damage related to late payment or non-payment. The penalties will be due from the day following the due date of the sums due and until the day of their collection by Lord Services.
Finally, any User in a situation of late payment will automatically be liable to Lord Services for a lump sum compensation for recovery costs, set at 40 (forty) euros. If the recovery costs incurred were greater than this compensation, Lord Services could request additional compensation on justification. However, Lord Services will not be able to invoke the benefit of these indemnities in the event of the opening of a safeguard, reorganization or judicial liquidation procedure which would prohibit the payment on its due date of the debt due to it.
7.5. Price and Charges Warning - No Guarantee
The Price of a digital Asset and the amount of the Charges on the Transactions are fixed at the moment T when the User validates the Transaction. However, given the particularly high volatility of Digital Assets, it is possible that the Price of a digital Asset and the amount of Transaction Charges are not strictly identical between the time the User views them upstream and the one where he then actually validates the Operation.
The Prices and Tariffs of the Transaction Fees may therefore vary, continuously or occasionally, and at any time. In addition to the cases in which a cancellation of an Operation is possible in accordance with these T & Cs, the Operations are irreversible and the User cannot request the cancellation due to a modification of the Prices or the tariffs of the Costs which would occur subsequently. upon validation of the Operation.
In addition, the Price set at the moment T when the User validates the Operation is not guaranteed, nor the amount of the Costs on the associated Operations:
- in the event of an Operation validated but not actually completed and executed;
- following a modification of the Operation requested by the User or resulting from an error or improper handling attributable to him;
- in the event of non-compliance with these GTC by the User;
- in the event of suspension or closure / deletion by Lord Services or by the User of its Personal Space;
- in the event of cancellation of the Operation by the User or by Lord Services under the conditions provided for in the GTC;
- in the event of force majeure;
- in the event of failure or interruption of the Site and / or the Services linked to one of the cases referred to in the article "Availability of the Site and the Services".
8. Respective obligations of the Parties
8.1. Obligations of Lord Services
Lord Services is required to respect the terms and conditions stipulated in these GTC. Lord Services makes the Services available to the User, including access to the Site, and is therefore subject to an obligation of means.
8.2. Obligations of the User
The User has ensured that the Site and the Services are in line with his needs, that they correspond to his expectations and that he has the skills and knowledge, in particular technical and financial, as well as the necessary IT environment. , to properly use the Site and the Services.
The User is required to respect the terms and conditions of these GTC. The User is solely responsible for the use he makes of the Site, his Personal Space and the Services, as well as the acts and acts of the persons he has authorized to access his Personal Space, including for what concerns any subsequent completion of Transactions.
The User is required to use the Site and the Services in accordance with the legal and regulatory provisions applicable in the various jurisdictions where the activities and affairs related to the Operations and transactions of Digital Assets are carried out, and may not use the Site. and / or the Services for illicit or illegal purposes, nor for purposes other than those for which the Site and the Services are made available to the User.
The User is liable for the obligations incumbent upon him in application of these T & Cs according to the rules of common law.
Lord Services' commitment relates exclusively to the provision of the Services in accordance with the stipulations of these T & Cs and with all the reservations made, in particular in the case of a Service provided by a partner of Lord Services (including Binance or Banxa). Lord Services is responsible only for this reason.
Lord Services draws the User's attention to the risks inherent in any economic transaction, which are in no way their responsibility (see in particular the article "Warning - risks inherent in the Services").
In addition to the assumptions provided for in these T & Cs in which Lord Services cannot be held liable, the Parties agree that:
- Lord Services can only be held liable for poor performance or non-performance of its obligations under these GTC in the event of proven fault. In addition, Lord Services can only be held liable for direct damage suffered by the User as a result of Lord Services' failure to fulfill its obligations under these GTC. On the other hand, Lord Services can in no way be held responsible for indirect damage caused to the User, in particular but not exclusively for any loss or absence of profit, performance, advantage or capital gain, particularly financial or in terms of turnover, income, expected savings or even investments: Lord Services cannot be held liable by the User nor any reimbursement requested by the latter for the loss of any Digital Asset and / or any fiat currency purchased (cf. Purchase Transaction), deposited (cf. Deposit Transaction), exchanged (cf. Exchange Transaction), withdrawn (cf. Withdrawal Transaction) or sold (cf. Sale Operation) by the User through the Site and / or the Services. In addition, Lord Services can only, except for gross negligence or willful misconduct, be held against the User for foreseeable or foreseeable damage;
- Lord Services is in no way responsible for the damages suffered by the User as a result of non-performance of its obligations by Lord Services which would result from a case of force majeure or from a third party (in particular another User or user);
- Lord Services is not responsible for any abnormal use, including use not in accordance with these T & Cs, or fraudulent or unlawful of the Site or the Services by the User;
- Lord Services is not responsible for the operation (or malfunction) of the User's computer equipment, nor for his access to the Internet or to any network (computer network, telephone network, Internet network, telecommunications or communication network. electronic,…);
- Lord Services is not responsible for any fault on the part of the User or for damage resulting from a lack of diligence or vigilance on the part of the User, nor for the consequences or damage, of any nature, which could result from this on the part of the User. with regard to anyone, whether a third party or other user or User;
- Lord Services is not responsible in the event of forgetting or loss of its Identifiers by the User, leakage or theft of said Identifiers, cracking of said Identifiers by a third party and other cases of hacking of the User's Personal Space. or their means of access to their Personal Space;
- Lord Services is not responsible for any loss of data or delays in the progress or processing of a User Operation that may result from an interruption or suspension of the Site or the Services, whatever or the duration;
- Lord Services is not responsible for the choices and decisions of the User relating to the use of the Services and in particular to the performance of Transactions relating to Digital Assets, including in particular but not exclusively the error in the making of '' a decision in particular relating to a Transaction, the execution by the User of incorrect or inappropriate Transactions, the error of the Wallet Address or of the external Wallet, etc. As such, and taking into account the risks inherent in the use of the Services as explained in particular in the article "Warning - risks inherent in the Services", Lord Services is not responsible for any financial losses suffered by the User. and resulting from the use of the Services;
- Lord Services is not responsible for any malfunction or malfunction of the Exchange Platform or the interface or Services that Binance manages and / or controls;
- Lord Services is not responsible for any malfunction or faulty operation of the Banxa platform. More generally, it is recalled that Lord Services only provides Users with access from their Personal Space to the independent third-party platform operated, managed and controlled exclusively by Banxa for the purposes of carrying out, by Users who so wish, of Buy or Sell operations on this platform. Also, Lord Services does not intervene in the relationship between the User and Banxa, nor in the performance of Sale or Purchase Transactions. Consequently, Lord Services can in no way be held liable in this respect, it being specified that Lord Services is not in particular responsible (i) for the use by the User of the Banxa platform, in particular for the realization by the User of Purchase or Sale Transactions on this platform, nor of the direct or indirect consequences that may result therefrom but also (ii) of any difficulty that may result in whole or in part, directly or indirectly, from the relations between the 'User and Banxa;
- Lord Services is not responsible for non-compliance with the legislation of the country in which the Services are accessible, it being specified that the Services comply with the provisions applicable in France: it is the User's sole responsibility for the choice of the Services that '' it uses, to check the conformity with regard to the legislation of the country in which the Service is accessible and more generally of the legislation which is applicable to it;
- Lord Services cannot be held responsible:
- the delisting or deletion on the Exchange Platform of a type of Digital Asset due, for example, to its low attractiveness with regard to the volume of orders placed by market players or legislative or regulatory changes or even the disappearance of the network / Blockchain concerned. Lord Services will make its best efforts to inform the User at least thirty (30) days before said de-listing or deletion so that the User can proceed with a Withdrawal or Sale Operation of his digital Assets concerned, but could depending on hypotheses or situations which could arise in which it is impossible to meet this deadline, which the User acknowledges and accepts;
- sudden disappearance of the Exchange Platform for any reason. In this case, Lord Services cannot be held to respect the aforementioned thirty (30) day deadline insofar as no further Operation could take place.
Lord Services cannot be held responsible:
- a temporary or permanent unavailability of access to all or part of the Site or the Services offered therein, a difficulty related to the response time, and in general, any lack of performance, as well as the consequences or damages of any kind that may result therefrom;
- discontinuities or disruptions in the use of the Site and the Services contained therein, whether voluntary or not, nor consequences or damages of any kind which could result therefrom or which could result from changes or even technical developments or functional of the Site or the Services;
including for example (but not exclusively):
- maintenance, updates or technical adjustments;
- breakdowns of telecommunications equipment or a failure of a network supplier (computer network, telephone network, Internet network, telecommunications or electronic communication network, etc.);
- and more generally failures or interruptions (temporary / permanent, partial / total, etc.) of the Site and / or the Services which may be linked to one of the cases referred to in the article "Availability of the Site and the Services";
as well as the consequences that may result.
Likewise, Lord Services cannot be held responsible for the misappropriation of information circulating via the Internet or entered on the Site, for the presence of viruses, malicious codes or any other harmful technologies or other logical infections on the Site or for any consequences or resulting damage.
Lord Services cannot be held responsible for the consequences or damages of any kind that may result from errors or omissions in the content published on the Site or in the responses to contact requests, or from a delay in the response. to such requests.
So that the responsibility of Lord Services can, if necessary, be engaged, the User is required to notify Lord Services of any request or any breach relating to its obligations under these GTC, without delay from the time when the User is aware of it.
The stipulations of this “Liability” article will survive the end of these GTC, whatever the cause, until the end of their specific purpose.
10. Denunciation - termination
The User can denounce the T & Cs (that is to say terminate them) at any time and without notice, provided that they delete their Personal Space in accordance with the terms and conditions provided for in the article "Closure and deletion of the Personal space ".
Lord Services is authorized to denounce and terminate these T & Cs, without the User being able to claim any prejudice as a result, under the following conditions and according to the following terms:
- In the event that a law, regulation, decision of a competent authority or jurisdiction makes it impossible to maintain all or part of the GTC (and therefore the Services) between the Parties, or if Lord Services has reason to believe the maintenance of all or part of the T & Cs (and therefore of the Services) is therefore impossible, subject to compliance with a notice period of thirty (30) days, unless the law, regulation or decision referred to in this article prohibits or does not allow Lord Services to comply with such a notice period. In addition, Lord Services may, at its sole discretion, subject to compliance with the aforementioned notice, unless the conditions do not allow such notice to be complied with, terminate some or all of the GTC (and therefore terminate some or to all Services) in order to comply with all laws, regulations, decisions applicable to transaction or manipulation activities on Digital Assets;
- In the event of the occurrence of a technical or security problem affecting the Site and / or the provision of the Services, including but not limited to the event that Binance suspends or terminates the provision, maintenance or administration of the Exchange Platform, subject to compliance with a notice period of thirty (30) days, or, and only if the conditions do not allow such notice to be observed, immediately without notice ;
- For convenience, subject to the respect of a reasonable notice of a duration which cannot be less than thirty (30) days and more than sixty (60) days.
Unless otherwise stipulated in this article, and unless prohibited by a legislative or regulatory text or a decision of a competent authority, any denunciation at the initiative of Lord Services is preceded by the sending of an email. to the email address provided by the User in his Personal Space, informing the User of this denunciation and of the date on which the denunciation will be effective, in accordance with the deadlines and notices mentioned herein. In the absence of any obligation for Lord Services to respect a notice, this e-mail is concomitant with the denunciation.
The termination of the GTC may take place at the initiative of Lord Services, in addition to the cases specifically provided for in the terms of the articles of these GTC and without prejudice to any damages that may be claimed from the User, in the following cases:
- If the User fails to comply with Lord Services' requests within the time period communicated by the latter in the cases referred to in the article "Suspension of the Personal Space", seven (7) days after notification to the User a formal notice to comply with it remained unsuccessful;
- In the event of a serious breach on the part of the User who gives Lord Services the right to terminate the T & Cs without notice and without prior notice, it being specified that in such a case Lord Services may terminate these T & Cs by means of simple information by e-mail sent to the e-mail address provided by the User in his Personal Space. As such, constitute in particular serious breaches on the part of the User giving Lord Services the right to terminate the GTC without notice:
- the fact that a User registers in the name of another person in order to circumvent a ban on the creation of a Personal Space;
- the fact that a User provides false, inaccurate, outdated, obsolete or incomplete information (for example information on his identity or contact details), or that he omits to update some of this information, or that he communicates false documents (eg false proof of identity);
- the fact that a User refuses to accept the modified T & Cs by requesting the deletion of his Personal Space;
- the use of the Site and / or the Services, whether intentionally or not, for illicit or fraudulent purposes or activities;
- non-payment by the User of Transaction Fees due to Lord Services (or to a partner of the latter, such as Binance or Banxa);
- any other serious breach of these T & Cs or of applicable laws and regulations.
The formal notices referred to in this article are sent by Lord Services by email to the email address provided by the User in his Personal Space, and refer to this article. Lord Services will then inform the User, by the same means, of the effective termination of the GTC. In the absence of any obligation for Lord Services to give notice to the User beforehand, an email will still be sent to the latter to inform him of the termination of the GTC.
In the event of termination or denunciation of these T & Cs within the framework of this article "Denunciation - termination", Lord Services will close and delete the User's Personal Space in accordance with the provisions of the article "Closure and deletion of the Personal Space ”hereof.
The clauses which by their nature or their object must survive the end of the GTC will survive and remain applicable at the end of the said GTC, until the end of their respective particular object, except for a specific period provided for in the GTC.
11. Personal data and cookies
Personal data processing can be implemented through the Site. The User is invited to click here to access Lord Services' “personal data protection policy”.
Cookies and other tracers or similar technologies may be installed and / or read in the User's browser or terminal when visiting the Site. The User is invited to click here to access the Lord Services "cookie management policy".
12. Intellectual property
These GTC do not entail any assignment, concession or license of intellectual property rights or of the sui generis right of the database producer for the benefit of the User.
The Site taken as a whole, as well as each of its constituent elements taken independently, in particular the programs and developments, its structure, and the content including data, texts, still or moving images, logos, sounds, graphics, photographs, files , are the exclusive property of Lord Services or of third parties who have assigned or granted the right to use them.
Any representation or reproduction, in whole or in part, of the Site or of one of its elements without the express authorization of Lord Services is prohibited and constitutes an infringement punishable by the intellectual property code and / or an act of unfair competition or parasitism. In any case, on any representation or reproduction authorized by Lord Services of all or part of the Site or of the elements composing it must be marked "Copyright [Current year] LORD SERVICES - all rights reserved".
The databases appearing on the Site are protected by the intellectual property code and any qualitative or quantitative extraction or reuse of the content of the databases is sanctioned.
The brands and logos appearing on the Site are trademarks registered by Lord Services or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorization of Lord Services and in violation of the prohibitions provided for in the intellectual property code engages the responsibility of their author.
The other distinctive signs, in particular the company names, trade names, signs, domain names reproduced on the Site are the property of Lord Services or of third parties, and any reproduction of these without express authorization is liable to constitute an usurpation involving the responsibility of its author.
13. Convention of proof
13.1. Computer traces
The User acknowledges that the Site or the tools implemented on the Site, and in particular in the context of the User's Personal Space or even the Services, make it possible to ensure the traceability of certain actions and operations carried out (in particular the traceability of the Transactions carried out or the acceptance of the GTC), as well as the issuance of certain notifications and certificates, in particular for security and proof reasons. These traceability procedures generate computer traces or even event logs (hereinafter “Computer Traces”).
The User acknowledges that the Computer Traces generated by the Site, as well as their possible reproduction on a paper or electronic medium, make it possible to provide proof of the use of the Site, the Personal Space and the Services, and in particular the proof the performance of an Operation, the publication of content, the entry of information, the delivery of information or consent / acceptance.
13.2. Electronic writings
The user expressly acknowledges that exchanges with the company may take place by any means, in particular by electronic message to the electronic mail address mentioned in the Personal Space or mentioned in the User's correspondence, or through all documents and other electronic writings resulting from the use of the Services, in particular Computer Traces, and more generally resulting from the execution of these GTC, as well as those accepted or signed electronically (hereinafter the "Electronic Writings").
The User acknowledges that the Electronic Writings make it possible to validly prove a fact or the content of the exchanges, and that in general any trace or any computer and / or electronic document emanating from Lord Services, the Site, the Personal Space or the use of the Services is demonstrated between the Parties.
The User also acknowledges that the Electronic Writings:
- constitute original documents between the Parties;
- are proof between the Parties of the medium and the content they represent;
- justify the consequences and the operations that may result from it (for example, proof that an action - including an Operation or an acceptance for example - has been carried out via the Site or the Personal Space by means of IT Traces);
- are the dates and times associated with the Electronic Writing;
- are admissible as evidence in the competent courts.
In any event, the User expressly waives the right to invoke the nullity, non-application, lack of probative legal value or the non-opposability of Electronic Writings on the grounds that they are derived from Lord Services, from the use of the Site, of the Personal Space, of the Services or of the Computer Traces, or that they would be in electronic form.
The User's failure in the management of delegations of powers cannot be opposed to Lord Services in order to defeat the legal value of the Electronic Writing.
13.3. Conservation and archiving
The Parties are responsible for the conservation and archiving of Electronic Writings under their own responsibility.
Each Party shall implement the means and procedures that it considers necessary for the purposes of conservation and archiving. It is up to the User to obtain information on this matter from archiving professionals and to take all appropriate measures.
For information, the company ensures the conservation of the writing recording the completion by the User of each Operation and the related acceptance of these GTC as soon as the Operation relates to an amount greater than or equal to one hundred and twenty (120) euros. for a period of ten (10) years from the execution of the Operation and guarantees access to it at any time during this same period.
These elements are kept by the company in electronic format. These elements are an integral part of Electronic Writings. The User can access it by sending his request by email to firstname.lastname@example.org .
14. No right of withdrawal
Pursuant to Article L221-28 2 ° of the Consumer Code, the right of withdrawal cannot be exercised for Transactions involving Digital Assets.
15. Lack of legal warranty of conformity and warranty against defects in the item sold
The provisions of the Consumer Code relating to the legal guarantee of conformity (cf. articles L217-1 et seq. Of said code) do not apply to the Services and to these GTC insofar as the relationship between the User and Lord Services cannot be classified as contracts for the sale of tangible movable property within the meaning of those provisions.
The provisions of the Civil Code relating to the guarantee against defects in goods sold, also called the legal guarantee against hidden defects (cf. articles 1641 and following of the said code) do not apply to the Services and to these GTC insofar as the relations between the User and Lord Services cannot be classified as a sale within the meaning of the said provisions.
In this regard, it is specified for all practical purposes that the use of the terms Sale / sale / sell and Purchase / purchase / buy, and certain associated terminologies, within the framework of these GTC or on the Site, in particular to designate certain operations or actions, has a purely explanatory and descriptive vocation. The use of these terms in no way prejudges the legal qualification of the operations and actions covered by these terms within the meaning of the Civil Code and the Consumer Code. In any event, under the terms of these T & Cs, Lord Services concludes a service contract with Users and not a sales contract within the meaning of the aforementioned texts.
Lord Services certifies having taken out an insurance policy with an insurance company known to be solvent and established in France for the pecuniary consequences which could result from the engagement of its professional civil liability within the framework of the execution of the GTC.
In accordance with Articles L441-2 of the Commercial Code and R111-2 of the Consumer Code, Lord Services states that it has taken out its professional liability insurance contract.
17.1. Force majeure and unforeseeability
17.1.1. Force majeure
The User and Lord Services cannot be held responsible towards each other in the event of non-performance of their obligations under these GTC resulting from a case of force majeure within the meaning of article 1218 of the civil code. . By express agreement, all events usually recognized as such by the case law of French courts and tribunals are considered to be cases of force majeure, with priority being given to the case law of the Court of Cassation.
By express agreement between the Parties, in particular constitute a case of force majeure:
- the theft of Digital Assets suffered by Lord Services or one of its partners (in particular Binance or Banxa) by any means whatsoever;
- lack of power supply, including power cuts or blackouts;
- disruption of private or public communication networks, in particular the total or partial shutdown of the Internet network;
- computer hacking leading in particular to the impossibility for Lord Services and / or its partners (in particular Binance or Banxa) to restore the Services concerned;
- bad weather and climatic events (storm, hail, lightning, hurricane, etc.);
- natural disasters, earthquakes, floods, water damage;
- magnetic fields;
- falling aircraft;
- acts of terrorism;
- war, riot, armed conflict, fire, explosion, internal or external strikes, lockouts, occupation of Lord Services premises;
- legal or governmental restrictions, legal or regulatory changes in the forms of marketing;
- accidents of all kinds;
- epidemics, pandemics, diseases affecting more than 10% of Lord Services staff in a period of two consecutive months;
- the blockage of roads and the impossibility of supplying supplies;
preventing the normal performance by a Party of its obligations under the GTC.
17.1.2. Lack of foresight
Lord Services draws the User's attention to the risks inherent in any economic operation, in particular any Operation relating to Digital Assets. The use of the Services by the User implies acceptance of these risks. As such, any financial losses suffered by the User and resulting from the use of the Services cannot constitute an unforeseeable situation as defined in article 1195 of the Civil Code and thus do not give rise to the right to invoke of the legal unforeseen regime provided for in this article, which the User expressly acknowledges and accepts. It is the same more generally in the case where the contractual balance would be upset by circumstances which were unforeseeable at the time of the conclusion of the GTC, even though their execution would prove to be excessively expensive, the User agreeing to bear them. all the economic and financial consequences and to renounce in this case to take advantage of the legal regime of unforeseen events provided for in the aforementioned article of the Civil Code.
17.2. No waiver
The fact for one of the Parties of tolerating a situation, for example the fact of not taking advantage of the application of certain stipulations of the GTC or of certain legal or regulatory provisions, whatever the frequency and the duration may be. , cannot constitute modification of the GTC nor have the effect of granting acquired rights to the other Party.
In addition, such tolerance by one of the Parties, even repeated, cannot constitute or be interpreted as a waiver of the latter to assert or exercise the rights in question or to avail itself of any of the stipulations. of these GTC.
In the event of interpretation difficulties resulting from a contradiction between any of the titles appearing at the head of the articles and any of the articles, the titles will be declared non-existent.
17.4. Partial invalidity
If one or more stipulations of the GTC are held to be null, void, illegal or unenforceable or declared as such, in application of a law, a regulation or following a final decision of a court or of competent authority, the other stipulations will remain applicable and will retain all their force and scope.
17.5. Independent co-contractors
The Parties acknowledge that they each act on their own account as Parties that are independent of each other and as independent co-contractors, and these GTC may not be interpreted in any other way.
For the purposes of the execution of the GTC and in particular the provision of the Services, Lord Services may at its discretion have recourse to subcontractors, it being specified that Lord Services will remain, vis-à-vis the User, responsible for the execution of the GTC in accordance with the terms and conditions of the GTC.
The User's Personal Space cannot be assigned or transmitted to a third party, and the User cannot assign or transmit the GTC, or all or part of his rights and obligations under the GTC, to a third party.
The User expressly accepts, in advance, that Lord Services may assign or transfer the GTC or all or part of its rights and obligations under the GTC to a third party without prior notice or information to the User.
17.8. Calendar days
Unless otherwise indicated, the deadlines and durations indicated in these GTC are in calendar days.
18. Mediation and out-of-court dispute resolution
In accordance with the provisions of Articles L612-1 et seq. Of the Consumer Code, any User having the quality of consumer within the meaning of the said code has the possibility of obtaining the services of a consumer mediator free of charge with a view to the amicable resolution of the matter. a dispute between him and Lord Services.
The body appointed by Lord Services for this purpose is the Mediator of the Autorité des Marchés Financiers (AMF).
To enter this organization, the User can:
- go to the AMF website: https://www.amf-france.org/fr/le-mediateur-de-lamf/votre-dossier-de-mediation/vous-vould-deposer-une-demande- de-mediation and complete the online form, attaching the supporting documents;
- or send your complaint by post to:
Mediator of the Autorité des Marchés Financiers
17, place de la Bourse - 75082 Paris Cedex 02
Phone: 01 53 45 60 00
A dispute can only be examined by the consumer mediator if:
- the User justifies having tried, beforehand, to resolve his dispute directly with Lord Services by a written complaint expressly identified as such detailing the reasons for his complaint as well as all the information useful to Lord Services to understand, study and assess the causes , consequences and consequences of this complaint, and sent by email to: email@example.com
- the request is not manifestly unfounded or abusive;
- the dispute has not been previously reviewed or is not under review by another mediator or by a court;
- the User submits his request to the mediator within a maximum period of one year from his written complaint to Lord Services;
- the dispute falls within the jurisdiction of the mediator seized.
The User will be informed by the mediator of the action taken on his request for mediation.
In addition, the User is informed that in accordance with article 14 of Regulation (EU) n ° 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of disputes. online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
19. Language - Applicable law and competent jurisdiction
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
THIS SITE IS GOVERNED BY FRENCH LAWS. THE CONTENTS PROPOSED THEREFORE COMPLY WITH THE FRENCH LEGISLATION IN FORCE. THE SITE EDITOR'S RESPONSIBILITY SHALL NOT BE INVOLVED IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE CONNECTING COUNTRY.
THESE GTCS AND THE RELATIONSHIP BETWEEN LORD SERVICES AND THE USER ARE ALSO GOVERNED BY FRENCH LAWS. THIS IS SO FOR THE SUBSTANTIAL RULES AND THE RULES OF FORM AND THAT, NOTWITHSTANDING THE PLACES OF EXECUTION OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS.
IN THE EVENT OF A DISPUTE REGARDING THE INTERPRETATION OR EXECUTION OF THE GTC, THE PARTIES SHALL MAKE THEIR BEST EFFORTS TO FIND AN AMICABLE RESOLUTION. ABSENCE OF FRIENDLY RESOLUTION, THE FRENCH ARE ALONE COMPETENT JURISDICTION IN DISPUTES ARISING OUT OF THE USE OF THESE CG OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SITE. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF POSSIBLE LITIGATION IS FRENCH.
THESE PROVISIONS RELATING TO APPLICABLE LAW AND COMPETENT JURISDICTIONS SHALL APPLY SUBJECT TO MANDATORY PROVISIONS WHICH MAY APPLY TO THE USER AS A CONSUMER WITHIN THE MEANING OF THE CONSUMER CODE IF APPLICABLE (IN PARTICULAR ARTICLE 631). -3 OF THE CONSUMER CODE).
BY EXCEPTION, AND IN THE FAILURE OF AN AMICABLE RESOLUTION OF A DISPUTE BETWEEN LORD SERVICES AND A USER TRADING WITHIN THE MEANING OF ARTICLE L121-1 OF THE COMMERCIAL CODE, THE LITIGATION WILL BE THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR CALL IN WARRANTY, EVEN FOR EMERGENCY PROCEDURES OR FOR CONSERVATORY PROCEDURES, BY REFERENCE OR BY REQUEST.
Date of last update : 16/09/2021