General Conditions of Use, Sale & Purchase of Decentrashop
1. Identification & Nature of the Platform
1.1 Legal Status and Corporate Structure
- Main Entity: Codyseum S.A.S, company specializing in software development, offering the services of the Decentrashop marketplace.
- Operational Subsidiary: Merkle Tree S.A.S, a subsidiary of Codyseum S.A.S, responsible for product management and transactions with sellers.
- Name: Decentrashop, a brand and website owned and operated by Codyseum S.A.S.
1.2 Objectives and Services of the Platform
- Nature of the Platform: Decentrashop combines aspects of a traditional marketplace with cryptocurrency payments, operating on various blockchains.
- Key Features: Registration via a Web3 wallet, purchase of everyday products, accessible to all of Europe, payments in cryptocurrencies (ETH, USDT, BTC, etc.), compliance with European regulations regarding AML-FT, KYC, KYB, DXS token offering loyalty benefits (discounts, cashback, etc.), full compliance with European tax and legal regulations.
1.3 Seller Selection Policy
- Selection Process: Rigorous selection based on conformity and product quality criteria.
- Relationship with Sellers: Sellers, once approved, do not sell directly to customers but to the subsidiary Merkle Tree S.A.S, which manages transactions with customers.
- Responsibilities of Sellers: Sellers must comply with all relevant legal obligations, including quality standards, accurate product descriptions, and compliance with local and European regulations.
2. Registration and User Accounts
2.1 Registration Process
For Sellers:
- Inscription: Sellers must complete a form and apply to be selected. After selection, they access a dashboard similar to that of Amazon to list their products.
- Validation: Validation of the application is subject to the approval of the Decentrashop team.
- Product Management: Selected sellers manage their products via a dedicated dashboard, controlling listings, prices, and inventory.
For Buyers:
- Inscription: Requires a compatible Web3 wallet (MetaMask, Ledger, etc.). Buyers create their profile and can browse and purchase products in cryptocurrencies.
- Authentication: Buyers must authenticate through their Web3 wallet, ensuring a secure and decentralized connection.
2.2 Age and Geographic Restrictions
- Age: Use of the platform is reserved for adults.
- Geography: The platform is only accessible to residents of the European Union. Some specific country restrictions (e.g., ban on Russian, US, Chinese residents, etc.) may apply, depending on local regulations and Decentrashop policies.
2.3 Management and Closure of Accounts
- Account management: Users can manage their profile, adjust their preferences, and update their information through their personal dashboard.
- Closure of the Account: Users can request to close their account at any time. The account closure procedure will respect Decentrashop's privacy policy and current GDPR regulations.
- Privacy Policy: The terms of management of personal data, including the deletion and modification of data, will be governed by the Decentrashop confidentiality policy, in accordance with GDPR standards.
3. Product Listing and Management
3.1 Selection and Listing of Products
- Selection Process: For Decentrashop (Merkle Tree S.A.S): The products sold directly by Decentrashop are selected by Merkle Tree S.A.S based on strict criteria of quality, regulatory compliance, and market demand.
For External Sellers: Once approved, external sellers list their products via a dashboard, similar to Amazon FBA, providing detailed information about each product.
- Selection criteria: Product Compliance: All products must comply with European standards, including but not limited to safety, health, and environmental standards. Description and Transparency: Detailed, accurate, and honest product descriptions, including specifications, high-quality images, and pricing information. Diversity and Variety: A wide range of products covering different categories to meet the varied needs of consumers.
- Listing Procedures: Product Integration: Using a content management system (CMS) allowing sellers to easily upload and update their product listings. Quality control: Each product listing is subject to quality control by the Decentrashop team to ensure compliance with the platform's standards and policies. Updating and Inventory Management: Sellers are responsible for regularly updating their inventory and product information to ensure the accuracy of listings.
- Management of Product Updates: Modifications: Sellers may modify listed product information at any time to reflect changes in inventory, price, or product specifications. Deletion of Products: Sellers may remove their products from the platform at their discretion, subject to the conditions of sale and commitments made with customers.
- Listing Responsibilities: Compliance with Laws and Regulations: Sellers must ensure that all products listed comply with local and European laws and regulations. Accuracy of Information: Sellers are responsible for providing accurate and complete information about each product, including availability, specifications, price, and shipping terms.
3.2 Obligations of Sellers in terms of Quality, Description of Products, and Price
1. Compliance with Quality Standards: The products sold must be new, free from defects, and meet high-quality standards. Sellers undertake to comply with all relevant European regulations, including those relating to safety, environment, and consumer standards.
2. Accuracy of Product Descriptions: Descriptions must be complete, accurate, and include all the necessary information so that buyers can make an informed choice. Sellers must ensure that product images and descriptions are true to life and conform to actual specifications.
3. Price Transparency: All prices must be clearly displayed and include all additional costs (VAT, delivery costs, etc.). Sellers must refrain from deceptive or unfair pricing practices and comply with pricing laws.
4. Regulatory Compliance: Sellers are responsible for ensuring that their products and business practices comply with all relevant European laws. They must provide all the necessary certifications or documentation to prove the conformity of their products with the regulations in force.
5. Liability in the event of Non-Compliance: If a product does not conform to the descriptions provided or quality standards, sellers are responsible for refunds, returns, or exchanges in accordance with consumer protection laws. Sellers agree to compensate Decentrashop, Merkle Tree SAS, and Codyseum SAS for any loss, damage, or expense resulting from non-conformity or inaccurate representation of the products.
6. Updating Product Information: Sellers are responsible for keeping information relating to their products up to date, including availability, specification changes, or price adjustments. Any significant changes must be communicated to Decentrashop in a timely manner to avoid any customer misinformation.
7. Sanctions in the event of a Breach: Decentrashop reserves the right to take disciplinary action, including suspension or termination of access to the platform, in the event of repeated or serious violation of the above obligations by sellers.
3.3 Managing Modifications or Deletions of Listed Products
- Product Modification Procedure: Sellers must notify Decentrashop of any changes to a listed product, such as changes to specifications, pricing, or availability. These modifications must be communicated via the seller dashboard or a means specified by Decentrashop, respecting an appropriate deadline before their effective implementation.
- Responsibilities in the event of Modifications: Sellers are responsible for the accuracy and appropriateness of changes to their product listings. In the event of a significant modification to a product (e.g., change of components, features), the seller must provide clear justification and reasons for these changes.
- Management of Product Deletions: To delete a product from the platform, sellers must follow a procedure specified by Decentrashop, including the reasons for this deletion. Deletions must be carried out in a way that minimizes the impact on potential customers and respects the commitments made (for example, honoring current orders).
- Impact on Transactions and Clients: Sellers must manage product changes or removals in a manner that does not negatively affect ongoing transactions or the interests of buyers. In the event of cancellation of an order due to product modification or deletion, the seller is required to communicate clearly with the customer and offer alternative solutions or refunds.
- Sanctions for Non-compliance with Procedures: Decentrashop reserves the right to impose sanctions in the event of non-compliance with modification or deletion procedures, particularly if these actions cause inconvenience or harm to customers or the platform.
- Catalog update: Decentrashop may regularly review and update its catalog to ensure that product information accurately reflects the available offering.
- Limited Liability of Decentrashop: Decentrashop will not be responsible for any loss or damage resulting from the modification or removal of products by sellers. Responsibility lies entirely with sellers for decisions made regarding their product listings.
4.1 Calculation and Display of Prices in Cryptocurrencies
- Cryptocurrency Price Calculation Method: Cryptocurrency prices are determined in real time using an oracle system. These oracles provide up-to-date and reliable market data for different cryptocurrencies. Decentrashop uses an average of the values provided by several oracles to determine a fair and representative price of the market.
- Display of Prices: Product prices in cryptocurrencies are displayed next to prices in euros and/or dollars to facilitate comparison. An explanatory note on the calculation of cryptocurrency prices is provided to inform users of the method used.
- Price Update: Due to the volatility of cryptocurrencies, prices are updated frequently to reflect market fluctuations. Users are informed that the final cryptocurrency price may vary slightly at the time of the transaction due to these fluctuations.
- Fee Transparency: Any additional fees, such as platform fees and blockchain transaction fees, are clearly indicated when displaying prices and are the responsibility of the customer.
- Acceptance of Prices by Users: Users must confirm acceptance of the cryptocurrency price before finalizing the purchase. Decentrashop provides clear information on how cryptocurrency prices are calculated and the potential risks associated with volatility.
- User Responsibility: Users are responsible for understanding and accepting the fluctuating nature of cryptocurrency prices. Decentrashop is not responsible for losses incurred due to price volatility in cryptocurrencies after purchase.
4.2 Euro to Cryptocurrency Conversion Process for Transactions
- Conversion Mechanism: When a customer makes a payment in cryptocurrency, Decentrashop will convert this cryptocurrency into fiat currency (euros or dollars) to settle transactions with our suppliers. This conversion is carried out according to the exchange rate in effect at the time of the transaction. Conversion time may vary, from instant execution to a maximum of 12 to 24 hours, or longer in exceptional cases. This timing variability can lead to exchange rate volatility, potentially affecting the final amount collected in fiat currency.
- Volatility Risk Management: Due to the volatile nature of cryptocurrencies, there is a risk that Decentrashop will not receive the full amount necessary to cover the cost of supplies from its suppliers, as well as the gross margin necessary to finance our business model. In the event that the value of the cryptocurrency paid by the customer drops significantly before conversion, Decentrashop reserves the right to reimburse the customer. The reimbursement can be made either in stablecoins, or in fiat currency equivalent to the initial amount paid, or directly in the cryptocurrency used for the payment, at our discretion.
- Right of Reimbursement and Conversion: It is important to note that as soon as the payment is made by the customer, the cryptocurrencies transferred are no longer under the control of the customer. Decentrashop reserves the exclusive right to decide on the reimbursement method if necessary, based on market conditions and our internal policy.
- Exchange Rate Providers: Decentrashop uses data provided by trusted oracles and reputable exchange platforms to obtain the most current and accurate exchange rates. Exchange rates reflect a weighted average of values from multiple sources to ensure fair representation of the market.
- Display and Confirmation of the Exchange Rate: Before finalizing the purchase, users see the exchange rate applied and the total amount in cryptocurrency. Users must confirm their agreement with the exchange rate offered before making payment.
- Exchange Rate Fluctuations: Due to the volatility of cryptocurrencies, Decentrashop informs users that exchange rates may vary slightly between the time of price display and the actual transaction. Decentrashop reserves the right to adjust or cancel transactions in the event of major exchange rate fluctuations occurring within a short period of time.
- Processing of Transactions: Once the transaction is initiated, Decentrashop ensures the conversion and transfer of funds into cryptocurrency in a secure and efficient manner. The system ensures that the cryptocurrency funds correspond exactly to the transaction amount in euros, less applicable fees.
- Responsibilities and Risks: Users are responsible for understanding the implications and risks associated with cryptocurrency payments, including exchange rate volatility. Decentrashop is not responsible for any losses or gains resulting from exchange rate fluctuations after the user confirms the transaction.
4.3 Securing Transactions and Procedures in the Event of Transaction Failure
- Securing Cryptocurrency Transactions: All cryptocurrency transactions are secured via blockchain technology, providing transparency, immutability, and traceability. Decentrashop uses advanced security protocols to ensure the confidentiality of transaction information and prevent unauthorized access or fraud.
- Validation and Confirmation of Transactions: Each transaction is validated and confirmed on the corresponding blockchain, ensuring that funds are correctly transferred and received. Users receive transaction confirmation, including a transaction identifier (TxID) for tracking on the blockchain.
- Transaction Failure Management: In the event of a transaction failure (for example, due to insufficient funds or network errors), Decentrashop immediately informs the user and offers alternative solutions. Users have the option to retry the transaction or choose another payment method.
- Transaction Failure Support: Decentrashop has a dedicated customer service to help users with transactional issues. Users can contact support through various channels (email, live chat, discord) for help and advice.
- Non-reimbursement in the event of Transaction Failure due to Blockchain: In case of failure of a transaction after the initiation of a payment but before its confirmation on the blockchain, Decentrashop will not reimburse any funds potentially lost in the original cryptocurrency. This policy applies in the following circumstances, but not limited to:
- Lack of transaction fees necessary for validation on the blockchain.
- Insufficient funds in ETH (or other necessary cryptocurrency) to cover the gas costs associated with the transaction.
- Errors in the configuration or setting of the user's wallet.
It is the user's responsibility to ensure that all conditions necessary for a successful transaction are met, including but not limited to sufficient availability of cryptocurrency for transaction fees, and proper configuration of its digital wallet. Decentrashop assumes no responsibility for transaction failures related to issues on the blockchain, user errors, or conditions outside of our control. - User Responsibilities: Users are responsible for ensuring that their cryptocurrency wallet is properly configured and that they have sufficient funds to cover the transaction and associated network fees. Decentrashop is not responsible for any errors made by users when sending cryptocurrencies, such as sending to an incorrect address or using an incompatible blockchain.
5.1 Specific Warnings Regarding Risks Related to Cryptocurrencies
In this part of Decentrashop's General Terms and Conditions, it is crucial to inform users of the specific risks associated with the use of cryptocurrencies. This section aims to ensure that users are fully aware of the potential implications and take an informed approach when transacting in cryptocurrency.
- Volatile Nature of Cryptocurrencies: Users are informed of the highly volatile nature of cryptocurrencies. Fluctuations in value can be significant and unpredictable. Decentrashop highlights that cryptocurrency values can change quickly, potentially affecting the value of transactions and balances.
- Risk of Loss & User Liability: Irreversible Transactions: It is essential for users to understand that cryptocurrency transactions are inherently irreversible. Once a transaction is confirmed on the blockchain, it cannot be canceled under any circumstances. Liability in the event of an Error: In the event of an error in entering the destination address or the amount transferred, the funds may be irretrievably lost. It is the sole responsibility of the user to verify and ensure the accuracy of all information entered before initiating a transaction. Warning: Decentrashop explicitly warns users of the risks associated with cryptocurrency transactions and declines all liability in the event of loss of funds due to errors in entry, transmission or understanding by the user. Recommendations: Users are strongly recommended to carry out careful checks and ensure complete understanding of the transaction process before any transaction.
- Security of Digital Wallets: Decentrashop emphasizes the importance of digital wallet security. Users are responsible for securing their private keys and wallet. It is advisable to use recognized wallets and take adequate security measures, such as using strong passwords and safeguarding private keys.
- Technological Risks: Users should be aware of technological risks, such as software crashes, wallet bugs or hacking attacks. Decentrashop recommends performing regular security updates and using trusted wallet software.
- Regulatory Compliance: Decentrashop informs users about regulatory developments concerning cryptocurrencies in their jurisdiction. These regulations may affect the use of cryptocurrencies. Users are encouraged to stay informed of local laws and regulations applicable to cryptocurrencies.
- No Consumer Protection: Unlike traditional banking systems, cryptocurrency transactions are generally not covered by consumer protection systems or insurance. Users should be aware that they commit their funds at their own risk.
- User Responsibility: Users are responsible for understanding and accepting the risks associated with the use of cryptocurrencies before proceeding with any transaction on Decentrashop. Decentrashop cannot be held responsible for losses suffered due to the volatility of cryptocurrency markets or users' misunderstanding of the risks.
5.2 Policy in the Event of Extreme Volatility of Cryptocurrencies
- Definition of Extreme Volatility: Decentrashop defines “extreme volatility” as rapid and significant price fluctuations of a cryptocurrency that can occur in a short period of time. Specific fluctuation percentage thresholds (for example, 5% in 24 hours) can be established to qualify what constitutes extreme volatility.
- Market Surveillance: Decentrashop continuously monitors cryptocurrency markets to quickly identify periods of extreme volatility. Automated tools and systems are used to track cryptocurrency price trends and alert the team of significant market movements.
- Proactive Measures in the Event of Volatility: In the event of extreme volatility, Decentrashop may take proactive measures to protect the interests of users and the platform. These measures may include the temporary suspension of cryptocurrency transactions, review of product prices, or modification of cryptocurrency-euro conversion rates.
- Communication with Users: Decentrashop is committed to communicating transparently with its users in the event of extreme volatility. Notifications will be sent to users via the platform, by email, or by other means of communication to inform them of any modification or suspension of services due to volatility.
- Management of Pending Transactions: For pending transactions during a period of extreme volatility, Decentrashop may revise the terms of the transaction, including cryptocurrency prices or redemption amounts. Users will have the option to accept the new terms or cancel the transaction. Reimbursement as specified will be made at the discretion of the Decentrashop team on the crypto or currency used. (reimbursement in euros, dollars, stablecoin, or in the cryptocurrency used by the customer to make the purchase). Platform fees will not be refunded as this is due to an unforeseeable event.
- Refund Policy: In the event of transaction cancellations due to volatility, Decentrashop may offer refunds. These refunds can be made in the original cryptocurrency or in euros, at the discretion of Decentrashop, taking into account the current exchange rate.
- Disclaimer: Decentrashop declines all responsibility for direct or indirect losses suffered by users due to the volatility of cryptocurrencies. Users are cautioned that trading or using cryptocurrencies during periods of extreme volatility is at their own risk.
- Policy Updates: Decentrashop reserves the right to update its cryptocurrency volatility management policy to reflect changes in market conditions and industry best practices.
5.3 Management of Transaction and Network Fees Linked to Cryptocurrencies
- Explanation of Cryptocurrency Transaction Fees: Cryptocurrency transaction fees, often called 'network fees' or 'miner fees', are costs necessary to process and validate transactions on a blockchain. These fees vary depending on the blockchain used (e.g., Ethereum, Bitcoin) and are influenced by network congestion and transaction complexity.
- User Responsibility Regarding Network Fees: Users are responsible for paying transaction fees when making cryptocurrency purchases on Decentrashop. Decentrashop informs users of the estimated transaction fee amount at the time of purchase, but this amount may vary depending on network conditions at the time of the transaction.
- Management of Transaction Fees by Decentrashop: Decentrashop does not charge additional transaction fees for cryptocurrency purchases, but users should be aware of the fees inherent to the chosen blockchain. The platform may recommend optimal times to transact to minimize network fees, but cannot guarantee fixed or minimum fees.
- Information and Transparency on Fees: Before finalizing a transaction, users will receive clear information on the total transaction fees, including the cryptocurrency product price and estimated network fees. Decentrashop is committed to providing maximum transparency regarding fees and educating users on how these fees are calculated and why they are necessary.
- Network Fee Disclaimers: Users are advised that network charges are beyond the control of Decentrashop and may vary without notice due to external factors. Users are advised to familiarize themselves with the fee mechanisms of the specific cryptocurrency used for transactions.
- Wallet Configuration and Private Key Management: Users are fully responsible for setting up their cryptocurrency wallet correctly, including setting transaction fee limits (slippage) and securely managing their private keys. Decentrashop cannot be held responsible for transaction errors, loss of funds, or excessive fees resulting from improper wallet configuration by the user.
- Assistance and Support: Decentrashop will provide support and educational resources to help users understand and manage cryptocurrency transaction fees. Customer support will be available to answer questions related to transaction fees for customers exclusively. To simulate a transaction and the inherent fees, we invite our customers to use third-party services like etherscan which display approximate fees based on different factors on Ethereum. There are equivalent sites for each blockchain (Solana, BSC, Avax... non-exhaustive list).
6.1 Rights and Obligations of Sellers on Decentrashop
Seller Selection & Responsibilities
- Rigorous Selection Process: Sellers are selected after a rigorous application process, where they must demonstrate the quality and conformity of their products, as well as their reliability as business partners. Decentrashop reserves the right to refuse sellers who do not meet its strict selection criteria.
- Legal Obligations and Compliance: Sellers must comply with all relevant trade laws and regulations, including, but not limited to, compliance with product safety standards, consumer protection legislation, and tax obligations. They must guarantee that their products comply with European and local standards, especially for cross-border sales.
- Inventory Management and Product Responsibility: Sellers are responsible for the accuracy of inventory and product descriptions. Any inaccuracies or out of stock must be immediately communicated to Decentrashop. In the event of non-conformity or defect of the products, sellers are required to assume full responsibility, including returns, refunds, or exchanges.
- Pricing and Financial Terms: Sellers set their prices in Euros, but Decentrashop can provide guidelines to ensure fair and competitive pricing. Transactions between sellers and Merkle Tree S.A.S are subject to clear contractual agreements detailing payment terms, deadlines, and conditions.
- Customer Service Requirements: Sellers must provide high-quality customer service, effectively handle queries and complaints, and align with Decentrashop's service standards. They must respond quickly to customer requests and actively collaborate with Decentrashop to resolve problems.
- Compensation and Insurance: Sellers must take out adequate insurance to cover the risks associated with their activities on the platform. They undertake to indemnify Decentrashop (Codyseum S.A.S) and Merkle Tree S.A.S in the event of disputes or claims resulting from their fault or negligence.
- Quality Control and Audit: Decentrashop reserves the right to carry out audits and quality controls on sellers' products to ensure their compliance with required standards. Sellers must cooperate fully with Decentrashop in these evaluation processes.
- Ratings and Feedback: Sellers must accept customer reviews and use them to improve their offerings. Decentrashop reserves the right to take action, including removal from the platform, against sellers who consistently receive negative reviews or fail to meet quality standards.
6.2 Liability and Protection of Decentrashop
Protection Mechanisms and Limitation of Liability
- Exemption from Liability: Codyseum S.A.S and Merkle Tree S.A.S are not responsible for any loss or damage caused by third parties, including sellers, on the platform. All responsibility regarding the quality, safety, legality of the products sold, and compliance with the description of the products, rests entirely with the sellers.
- Management of Cryptocurrency Fluctuation Risks: Merkle Tree S.A.S, as manager of cryptocurrency transactions, implements hedging mechanisms to minimize the risks associated with fluctuations in cryptocurrency values. Codyseum S.A.S and Merkle Tree S.A.S are not responsible for financial losses suffered by sellers or buyers due to these fluctuations.
- Protection in the Event of Fraud or Illegal Activity: Procedures are in place to detect and prevent fraud or illegal activities on the platform. However, Codyseum S.A.S and Merkle Tree S.A.S cannot be held responsible for the consequences of such activities if they occur. Users are encouraged to report any suspicious activity. However, the responsibility for ensuring the legitimacy of transactions lies with users.
- Limitations on Claims against Codyseum S.A.S and Merkle Tree S.A.S: Any claim against Codyseum S.A.S or Merkle Tree S.A.S must be filed within a maximum of 14 days after the date of receipt of the incriminated product. Claims submitted after this deadline will not be taken into account. The compensation that can be claimed in the event of a dispute is strictly limited. Excluded from any compensation are claims related to the volatility of the cryptocurrency market, user errors in entering or managing their transactions, and transaction delays or failures attributable to third parties.
- Disclaimer: The CGU/CGV contain explicit disclaimers regarding errors, omissions, or inaccurate information provided on the platform. Codyseum S.A.S and Merkle Tree S.A.S do not guarantee the complete accuracy of the information provided by sellers or third parties.
- Provisions in the event of Force Majeure: In the event of force majeure, Codyseum S.A.S and Merkle Tree S.A.S will not be held responsible for delays, failures, or interruption of services on the platform. Force majeure includes natural disasters, terrorist acts, strikes, system failures, or events beyond the reasonable control of the parties.
- Mediation and Arbitration Clause: In the event of a dispute between users and Codyseum S.A.S/Merkle Tree S.A.S, a mediation procedure is preferred before resorting to arbitration or legal proceedings. Disputes will be submitted to arbitration under the jurisdiction specified in the T&Cs/CGV.
6.3 Reimbursement Policy and Cryptographic Risk Management
- Reimbursement Terms: Codyseum S.A.S and Merkle Tree S.A.S reserve the right to reimburse customers in the cryptocurrency received or in a stablecoin of their choice. This choice is at the exclusive discretion of Decentrashop. By making a payment in cryptocurrency, the customer accepts that the reimbursement can be made in a cryptocurrency different from that used for the purchase.
- Transformation of Cryptocurrencies into Euros: Payments in cryptocurrencies are considered as received in euros until their actual conversion into euros. This conversion is managed by Merkle Tree S.A.S, which takes all necessary measures to minimize the risks linked to the volatility of cryptocurrencies.
- Risks Beared by the Client: The customer acknowledges and agrees to bear all risks linked to the volatility of cryptocurrencies during payment. In the event of significant fluctuations in the value of the cryptocurrency after a purchase, Decentrashop reserves the right to adjust the refund amount accordingly.
- Risk Coverage Mechanisms: Hedging strategies are put in place to protect Codyseum S.A.S and Merkle Tree S.A.S against the risks of financial loss due to the volatility of cryptocurrencies. These strategies may include the use of futures, options, or other financial instruments.
- Limitation of Liability in the Event of Currency Fluctuations: Decentrashop cannot be held responsible for indirect losses, such as missed opportunities or potential losses, resulting from fluctuation in cryptocurrency values.
- Right of Refusal in the Event of Extreme Volatility: In the event of extreme volatility in the cryptocurrency market, Decentrashop reserves the right to refuse payments or suspend transactions until the market stabilizes.
- Transparency and Information to the Customer: Customers will be informed of the risks associated with payments in cryptocurrencies and of Decentrashop's refund policies when registering on the platform and at each significant update of the T&Cs/CGV.
7. Returns and Cancellations Policy
Section 7.1: Returns and Cancellations Policy
7.1 General Return Conditions
- Return Deadline: Customers have 14 calendar days from the delivery date to initiate a return. After this period, returns will not be accepted, except in the case of defective products.
- Product Condition: To be eligible for a return, the product must be in its original, unused condition, with all packaging and accessories intact. Products damaged or modified by the customer will not be accepted.
- Excluded Products: Personalized, digital, or perishable products are not eligible for return. This exclusion also applies to any product specifically listed on the product description page as non-returnable.
7.1.2 Return Procedure
- Initiation of Return: Return requests must be made via the customer account on the Decentrashop platform. Detailed instructions will be provided once the request is initiated.
- Return fees: Return costs are the responsibility of the customer, except in the case of a defective product or one that does not conform to the order. In such cases, Decentrashop (Merkle Tree S.A.S) will cover the return costs.
7.1.3 Processing of Returns
- Returns Inspection: Upon receipt, each returned product will be inspected. Refund or exchange will be processed only after this inspection.
- Reimbursement deadlines: Refunds will be made within a maximum of 90 days after receipt and approval of the return.
- Reimbursement method: Refunds will be made to the original payment method used during purchase. In case of payment in cryptocurrency, Decentrashop reserves the right to reimburse either in the original cryptocurrency or in a stablecoin, at its discretion.
7.1.4 Order Cancellation
- Cancellation Before Shipping: Customers can cancel their order free of charge before shipping. The 5.5% Decentrashop fee will remain due.
- Cancellation After Shipping: If the order has been shipped, the cancellation will be treated as a return, and the return shipping costs will be the customer's responsibility.
7.1.5 Exclusions et Limitations
- Limitation of Liability: Decentrashop (Merkle Tree S.A.S) will not be responsible for damage caused to the product after delivery, nor for losses resulting from unauthorized return.
- Legal Rights: Nothing in this policy is intended to limit the legal rights of consumers under applicable consumer protection laws.
7.1.6 Changes to the Policy
- Right of Modification: Decentrashop reserves the right to modify this return policy at any time. The modifications will be effective immediately after their publication on the platform.
- Notification of Changes: Customers will be informed of significant changes via their user account or by email.
7.1.7 General Return Conditions
- Defective or Non-Compliant Products: In the event of receipt of defective or non-compliant products with the order, the customer must notify Decentrashop within 48 hours of delivery for a free return.
- Proof of Non-Conformity: For defective products, proof (e.g., photos) may be required to initiate the returns process.
7.1.8 Return Procedure
- Return Authorization: All returns must be previously authorized by Decentrashop. Unauthorized returns will be refused and returned to sender.
- Return Packaging: Products must be returned in their original packaging and sufficiently protected for transit.
7.1.9 Processing of Returns
- Quality Control: A quality check will be carried out on all returned products. If the product is deemed not to comply with the return conditions, it may be returned to the customer at their expense.
- Partial Refund: In some cases, a partial refund may be granted if the returned product is not in its original condition.
7.1.10 Order Cancellation
- Processing of Cancellations: If canceled after shipment, the customer is responsible for return shipping costs. Refund will be made after receipt and inspection of the product.
7.1.12 Exclusions et Limitations
- Non-Returnable Products: Certain products, for hygiene or safety reasons, are not eligible for return. These exclusions will be clearly indicated on each product page.
- Reimbursement Limits: Initial delivery charges are non-refundable in the event of a return, except in the event of an error by Decentrashop.
7.1.13 Changes to the Policy
- Consent to Changes: Continued use of the Platform following changes to this policy constitutes acceptance of such changes by the Customer.
Section 7.2: Refund Policy
7.2.1 Reimbursement Conditions
- Eligibility for Reimbursement: Customers are entitled to a refund for defective, non-compliant products or in the event of order cancellation in accordance with Decentrashop's returns policy.
- Claims Period: Refund requests must be made within 14 days of receipt of the product.
7.2.2 Reimbursement Methods
- Reimbursement in Cryptocurrency: The refund can be made in the cryptocurrency used during the purchase or in a stablecoin, at the discretion of Decentrashop.
- Currency Conversion: The amount refunded will be based on the equivalent value in euros at the time of the original transaction.
7.2.3 Management of Fluctuations in the Value of Cryptocurrencies
- Value Fluctuation: In the event of a significant fluctuation in the value of the cryptocurrency between the time of purchase and reimbursement, Decentrashop reserves the right to adjust the amount reimbursed accordingly.
7.2.4 Processing Reimbursement Claims
- Complaints Procedure: Customers must submit a refund request through their user account, providing the necessary details and supporting documentation.
- Review of Claims: Each refund request will be reviewed individually. Decentrashop reserves the right to refuse a refund if the conditions are not met.
7.2.5 Restrictions and Exceptions
- Non-Refund of Additional Fees: Transaction or network fees related to cryptocurrencies are non-refundable.
- Excluded Products: Certain products, such as those mentioned in the returns policy, may be excluded from reimbursement.
7.2.6 Changes to the Policy
- Notification of Changes: Any changes to the refund policy will be communicated to users through the appropriate channels, including on the Decentrashop website.
Section 7.3: Managing Returns and Cancellations
7.3.1 Return Conditions
- Return Deadline: Customers can return products within 14 days of receipt, provided they are in their original condition and undamaged.
- Excluded Products: Certain products, such as personalized or perishable ones, may be excluded from the return policy.
7.3.2 Return Process
- Return request: Customers must initiate a return request through their user account, explaining the reasons for the return and providing any necessary documentation.
- Return Evaluation: Decentrashop will review each case individually to determine eligibility for return and refund.
7.3.3 Return Costs
- Responsibility for Costs: Return costs are generally the responsibility of the customer, except in the case of defective or non-compliant products, where Decentrashop will cover the costs.
7.3.4 Order Cancellation
- Terms of cancelation: Customers can cancel their order before it ships. After shipping, standard return policies apply.
- Processing of Cancellations: In case of successful cancellation, a refund will be made under the same conditions as the refund policy.
7.3.5 Management of Defective Returns
- Defective Products: Customers are required to contact Decentrashop within a maximum timeframe of 48 hours to arrange for a return or replacement in case defective products are received. It's important to remember that if the package is damaged or appears non-conforming in any way, it should be refused at delivery. Unfortunately, if the 48-hour period has elapsed, we will not be able to accept a return.
7.3.6 Exceptions and Restrictions
- Noncompliance: If the returned product does not meet the return conditions (for example, damaged or used), Decentrashop reserves the right to refuse the refund or to deduct an amount equivalent to the damage or loss of value.
7.3.7 Changes to the Return Policy
- Notification of Changes: Any changes to the returns policy will be communicated to users through the appropriate channels, including on the Decentrashop website.
7.3.8 - Return and Notification Clause
Notification of Defective or Damaged Products
- If you receive products with visible defects or damages upon delivery, it is crucial to notify us within a strict deadline of 48 hours after receiving the parcel via the Decentrashop dashboard by navigating to “my order”, “see all details”, “need help”. This notification should include:
- A detailed description of the defect or damage.
- Photographic or video evidence, when possible.
Codyseum SAS commits to promptly reviewing your case to provide an appropriate solution, which may include replacing the product or offering another form of compensation.
Right of Withdrawal
- In accordance with the Consumer Rights Directive (2011/83/EU), you have the right to withdraw from your purchase for any reason within 14 calendar days from the day you, or a third party designated by you (other than the carrier), physically take possession of the last item in your order. To exercise this right, please reach out via your client dashboard, navigate to "My Orders", select "Need Help", and write to us to submit a clear declaration of withdrawal and to receive return instructions. Return costs may be at your expense, as outlined in our detailed return policy.
Exceptions to the Right of Withdrawal
- The 14-day withdrawal right does not apply to products made to your specifications or clearly personalized, nor to products which are liable to deteriorate or expire rapidly. For these categories, the 48-hour notification period for any quality or condition issues upon delivery remains in effect.
Processing Returns
- Codyseum SAS, through Decentrashop and in collaboration with Merkle Tree SAS, will process your return or withdrawal request in accordance with our internal policies and applicable legislation, always aiming to ensure your satisfaction.
Specific Cases
- Purchases in Cryptocurrency: For purchases made in cryptocurrency, given the market's volatility, Decentrashop will inform customers of specific conditions related to these transactions.
- Non-Conformity with Description: If a product does not match its description on Decentrashop, customers are required to notify us within 48 hours for prompt resolution.
- Loss or Damage During Transport: In the event of loss or apparent damage to the parcel during transport, it is crucial to immediately notify the carrier and Decentrashop to facilitate a quick claim.
Section 8: Confidentiality and Data Security
Section 8.1: Privacy and Data Security Policy
8.1.1 Commitment to Confidentiality
- Protection of personal data: Decentrashop is committed to protecting the privacy and security of its users' personal data in accordance with the GDPR and other relevant European regulations.
- Use of Data: The information collected is used only for order processing, customer account management, and, if the user has opted in, for marketing communications.
8.1.2 Data Collection and Processing
- Data Collected: Includes names, email addresses, postal addresses, telephone numbers, and payment details. Data relating to cryptographic transactions is also collected but not directly linked to the personal identity of users, except for compliance purposes.
- Consent: Users consent to the collection and processing of their personal data when registering on the platform and during each transaction.
8.1.3 Data Security
- Security measures: Decentrashop uses advanced security measures to protect data against unauthorized access, modification, disclosure, or destruction, including data encryption, strict access controls, and regularly updated security protocols.
- Data Storage: Data is stored on secure servers accessible only by authorized Decentrashop personnel.
8.1.4 User Rights
- Access and Control: Users have the right to request access, rectification, limitation, or deletion of their personal data.
- Withdrawal of consent: Users can withdraw their consent to the processing of their personal data at any time.
8.1.5 Transparency
- Notification in the Event of Violation: In case of a data breach, Decentrashop will inform users and authorities as legally required.
- Public Privacy Policy: A detailed privacy policy is available on the Decentrashop website, providing full transparency on how data is collected, used, and protected.
8.1.6 Changes to the Privacy Policy
- Regular Updates: The Privacy Policy may be updated to reflect changes in practices or laws. Users will be informed of significant changes.
Section 8.2: Security of Sensitive Information and Transactions
8.2.1 Security of Cryptographic Transactions
- Transaction Encryption: All crypto transactions on Decentrashop are secured via advanced encryption, including wallet addresses and transaction details.
- Validation of Transactions: Blockchain protocols validate and record each transaction, ensuring integrity and immutability.
8.2.2 Protection of Web3 Wallets and User Responsibilities
- Role of Users: Decentrashop reminds users of their responsibility in securing their Web3 wallets, including managing private keys securely and enabling two-factor authentication.
- Non-Holding of Private Keys: Decentrashop does not hold or store users' private keys and is not responsible for losses due to compromised or lost private keys.
8.2.3 Security of User Information on the Platform
- Protection of User Data: Decentrashop protects personal data on the platform using robust security protocols for connection and data storage.
- Restricted Access to Data: Access to users' personal data is limited to necessary Decentrashop personnel.
8.2.4 Compliance with Safety Standards
- Compliance with Safety Standards: Decentrashop adheres to recognized security standards and conducts regular security audits.
8.2.5 Security Incident Management
- Procedure in the event of an incident: Decentrashop has procedures to manage data or transaction compromises, including user notification.
- Collaboration with Authorities: Decentrashop cooperates with authorities in case of a data breach or suspicious transactions.
8.2.6 Information and Awareness of Users
- User Education: Decentrashop provides information on security best practices and risks associated with cryptocurrencies and Web3 wallets.
9. Compliance with Regulations and Modifications to the T&Cs/CGV
9.1 Compliance with European and National Regulations
- Adherence to European Standards: Decentrashop complies with all relevant European regulations, including those related to e-commerce, data protection (GDPR), and cryptocurrency transactions.
- Update of Commercial Practices: Practices are regularly updated to stay compliant with legislative and regulatory changes in Europe and where Decentrashop operates.
- Collaboration with Regulatory Authorities: Actively collaborates with authorities for legal and regulatory compliance.
9.1.2 Specific Compliance for Cryptocurrencies
- Monitoring Cryptocurrency Transactions: Monitors transactions to detect suspicious activities, in line with European anti-money laundering directives.
- Financial Transparency: Maintains transparency and cooperates with tax authorities for tax obligations.
9.1.3 Legal and Contractual Responsibilities
- Limited Liability: Specifies limited liability for Codyseum S.A.S and Merkle Tree S.A.S, focusing on technical and operational aspects.
- Responsibility of Sellers and Buyers: Clarifies responsibilities for quality, delivery, legality, etc., limiting Codyseum S.A.S and Merkle Tree S.A.S's liability.
- Exclusion of Liability: Excludes liability for losses due to cryptocurrency mismanagement by users.
9.1.4 Updating and Communication of the CGU/CGV
- Notification of Updates: Informs users of significant T&Cs changes via account, email, or other communications.
- User Consent: Requires new acceptance for major modifications, with minor changes applied directly.
9.1.5 Transparency and Accessibility
- Documentation Access: Makes CGU and CGV, along with compliance information, easily accessible.
- Commitment to Users: Commits to a secure, compliant, and transparent operation.
9.2 Information to Users on Changes to the General Terms and Conditions
9.2.1 Change Notification Procedures
- Communication Methods: Uses platform notifications, emails, and other communication methods for changes in T&Cs.
- Early Notification: Ensures users are notified before changes take effect.
9.2.2 Transparency and Access to Information
- Easy Access to New CGU and CGV: Updates the General Terms and Conditions on the website for consultation.
- Change History: Maintains a history of T&Cs modifications for user review.
9.2.3 User Acceptance and Consent
- Consent for Major Changes: Requires user acceptance for substantial T&Cs modifications.
- Consent Mechanism: Users must actively accept new T&Cs via their account or through notification links.
9.2.4 Users' Rights in the Event of Disagreement
- Termination Option: Users can terminate their account if they disagree with new T&Cs.
- Protection of Ongoing Transactions: Transactions at the time of T&Cs changes remain protected under the old terms.
9.2.5 Information on Legal Consequences
- Clarification of Legal Effects: Notifications include information on the legal implications of changes for users.
9.2.6 Commitment to Clarity and Appropriate Understanding
- Communication Adapted to User Expertise: Decentrashop ensures all communications are clear, though acknowledges the complexity of blockchain technology may not be easily understood by newcomers.
- Responsibility of the User to be informed: Users are encouraged to educate themselves on blockchain and seek customer support for clarifications.
- Limitation of the Range of Clarity: Despite efforts to provide clear information, the complexity of blockchain technology means some aspects may require prior knowledge.
- Information Resources: Decentrashop offers resources to help understand the platform, recommending external advice or self-training for complex aspects.
10. Dispute Management and Customer Service
10.1 Dispute Resolution Procedures
- Complaints Management Mechanism: Defined process for handling complaints, aiming for amicable resolutions.
- Complaints Processing Deadlines: Complaints are processed within set timeframes, subject to complexity.
- Evaluation of Claims: Claims are evaluated fairly, considering evidence from all parties.
- Amicable Resolution: Decentrashop prioritizes amicable resolutions, with mediation as an alternative.
10.1.1 Specific Claims Process
- Steps for Submitting a Claim: Detailed process for claim submission, including evidence provision.
- Communications with the Parties: Active engagement with both parties to gather information and propose solutions.
- Compliance with Laws and Regulations: Resolutions comply with applicable laws and regulations.
10.1.2 Complex Dispute Management
- Complex Cases: Utilization of external experts or mediators for complex disputes.
- Register of Disputes: Maintenance of a dispute log for continuous improvement in complaints management.
10.1.3 Confidentiality and Security
- Confidentiality of Information: Strict confidentiality of complaint information, with data protection compliance.
- Data Security: Secure storage of complaint and dispute data to prevent unauthorized access.
10.2 Contact with Customer Service
- Access to Customer Service: Multiple channels for customer service contact, excluding telephone support.
- Reply Duration: Commitment to timely responses, with immediate assistance via Discord for non-order related queries.
10.3 Quality of Customer Support
- Customer Service Training and Skills: Specialized training for customer service team to provide high-quality support.
- Personalization of Assistance: Customized support to address individual user needs and situations.
- Support Languages: Support provided in English and French, with user responsibility for communication in these languages.
- Request Tracking: Recording of all customer service interactions for quality assurance and effective tracking.
- Continuous Improvement: Commitment to improving customer service through user feedback and satisfaction surveys.
11. Limitation of Liability
11.1 Loss or Damage Not Covered by Decentrashop
Decentrashop, operated by Codyseum S.A.S, outlines its limitations of liability under various conditions beyond reasonable control, including:
- Indirect or Unforeseeable Losses
- Incorrect Information Provided by Users or Sellers
- Use of Third Party Services
- Volatility and Risks of Cryptocurrencies
- Breach of Legal Obligations by Users
- Geographic Limitation of the Service
- Prohibition of Use of VPN or Circumvention Means
- Liability in the event of Circumvention of the Regulations
These limitations are set to maintain platform integrity and comply with legal standards, emphasizing user responsibility.
11.2 Management of Payment Errors in Cryptocurrencies:
Decentrashop addresses potential cryptocurrency payment errors, highlighting situations outside its control, including:
- Volatility and Blockchain Risks
- Gas and Transaction Fees
- Security of Private Keys
- Phishing and Mirror Sites
- Knowledge and Understanding of Cryptocurrencies
- Exchange Rate Fluctuations
- Confirmation of Transactions
- Transaction Processing Times
- Suspicion of Fraud or Illegal Activity
- Network Updates and Blockchain Forks
Users are reminded of their responsibilities in managing cryptocurrency transactions and the inherent risks.
11.3 Responsibility and Regulatory Compliance:
Decentrashop commits to adhering to applicable laws and regulations but clarifies its non-liability for damages from user non-compliance, especially regarding:
- Users' adherence to cryptocurrency laws in their jurisdiction.
- Requirements for taxation and transaction reporting by users.
This section emphasizes the importance of user responsibility and awareness of legal obligations related to cryptocurrency use.
11. Limitation of Liability
11.4 Experimental Status and Limitation of Liability for Pricing Errors
Experimental Status of the Platform:
Decentrashop, operated by Codyseum S.A.S, acknowledges its experimental status and alerts users to potential imperfections or errors. Users acknowledge the risks of using an alpha version platform.
Pricing Errors and Liability:
While efforts are made to ensure price accuracy, Decentrashop cannot guarantee this at all times due to potential system errors or cryptocurrency volatility. Orders placed at incorrectly listed prices may be cancelled by Decentrashop without liability.
User Commitment:
- Users commit to acknowledging the experimental nature of Decentrashop and report any observed anomalies.
- Transparency and informed consent regarding platform updates are emphasized.
11.5 Extended Liability Coverage in the Experimental Phase:
Technical and Cybernetic Risks:
Users are informed of additional risks including security breaches and the possibility of phishing or mirror sites. Decentrashop disclaims liability for losses resulting from such risks.
User Responsibility:
- Users are responsible for their own system and account security, and for being aware of the experimental nature of the platform.
- Reporting suspicious activity or bugs is crucial for platform improvement.
Commitment to Decentrashop:
- Decentrashop commits to regularly updating users on changes and working to improve platform security and stability.
- However, Decentrashop is not responsible for losses due to misuse or from cyberattacks that breach platform security.
12. Intellectual Property on Decentrashop
Protection of Intellectual Property Elements
Decentrashop prioritizes the protection of its intellectual property, including trademarks, content, and technological innovations. Unauthorized use of any intellectual property elements of Decentrashop is strictly prohibited.
Use Authorized by Sellers
Sellers authorized by Decentrashop can use certain intellectual property elements under strict conditions, outlined in a specific contract. This use is limited to promotional activities that directly support the Decentrashop platform.
Management of Intellectual Property Violations
Decentrashop actively monitors and enforces its intellectual property rights through surveillance, notification procedures, and, if necessary, legal actions to address any infringements.
13. Compliance with the General Data Protection Regulation (GDPR)
Personal Data Protection Measures
Decentrashop is committed to protecting users' personal data in line with GDPR requirements. Measures include advanced data security protocols, limited data collection, explicit consent for data processing, and regular employee training on data protection.
Exercise of GDPR Rights by Users
Decentrashop enables users to exercise their GDPR rights, including accessing, rectifying, or deleting their personal data. Users can make requests through a dedicated form on the Decentrashop website or by contacting the data protection officer.
14. Decentrashop Acceptable Use Policy
Decentrashop is dedicated to ensuring a secure and ethical environment for all users. This policy outlines prohibited behaviors and activities on our platform.
Prohibited Behaviors and Activities:
- Counterfeiting and Illegal Sales: Selling or purchasing counterfeit, pirated, or illegal goods is forbidden.
- Exploitation of Vulnerabilities: Attempts to exploit any technical vulnerabilities are strictly prohibited.
- Manipulation of Prices or Transactions: Any form of price, bid, or transaction manipulation is not allowed.
- Phishing: Engaging in phishing or other deceptive practices to obtain sensitive information is prohibited.
- Money Laundering Activities: The platform must not be used for money laundering or related activities.
- Non-compliance with Intellectual Property Rights: Infringing on others' intellectual property rights is not permitted.
- Inappropriate Content: Posting inappropriate, offensive, or defamatory content is prohibited.
- Abusive Use of Services: Misusing Decentrashop’s services, such as the complaints system or fraud attempts, is not allowed.
Cryptocurrency and Blockchain-Specific Prohibitions:
- Abusive market manipulation and arbitrage are forbidden.
- Disclosing sensitive blockchain or wallet information is prohibited.
- Transactions with sanctioned or embargoed countries are not allowed.
- Exploiting smart contracts' vulnerabilities is forbidden.
- Promoting or engaging in Ponzi schemes or cryptocurrency frauds is prohibited.
- Manufacturing and distributing unauthorized tokens or cryptocurrencies is not allowed.
- Using bots for unfair transaction manipulation is forbidden.
- Creating multiple fictitious identities for manipulation is prohibited.
- Actions compromising the blockchain's integrity are not allowed.
Consequences of Non-Compliance:
Violations may lead to account suspension or deletion, legal actions, and cooperation with authorities.
Policy Revisions:
Decentrashop reserves the right to update this policy. Users will be notified of significant changes.
User Agreement:
By using Decentrashop, users commit to adhere to this Acceptable Use Policy and all applicable laws.
Humorous Thank You Clause:
If you've read this far, email us with 'I read the T&Cs and found the hidden treasure' for a chance to win a promotional code. This offer is a token of our appreciation for your diligence and sense of humor.
15. Provisions in the Event of Force Majeure
Decentrashop, a venture of Codyseum S.A.S, acknowledges certain exceptional circumstances that constitute force majeure events, rendering the fulfillment of contractual obligations impossible.
Force Majeure Events Include:
- Technological and Cybernetic Disruptions
- Blockchain and Cryptocurrency Malfunctions
- Unexpected Legal and Regulatory Changes
- Natural Disasters and Extreme Climatic Events
- Political and Social Instability
- Critical Service Outages
- Global or Regional Health Crises
- Fake News and Significant Market Manipulation
- Insolvency or Bankruptcy of Key Partners
- Cryptocurrency Market Interruptions
- Major Changes in Blockchain Technology
- Disruptions to the Global Internet Network
- Unannounced Government or Regulatory Restrictions
- Large-Scale Cryptocurrency Hacking
- Failures of Cryptocurrency Payment Partners
- Failures in Cloud Computing or Data Storage Services
Force Majeure Procedures:
Upon the occurrence of any force majeure event, the following procedures will be enacted:
- Immediate Notification: Users will be informed promptly.
- Suspension of Services: Services may be temporarily suspended if necessary.
- Mitigation Measures: Efforts will be made to minimize impacts and restore services as soon as possible.
- Exemption from Liability: Decentrashop will not be liable for delays, failures, or damages resulting from the event.
The force majeure clause concludes once normal activities can resume or the disruptive circumstances are resolved.
This comprehensive approach ensures transparency and protects both Decentrashop and its users against the unpredictable nature of our operational context.
16. Jurisdiction and Applicable Law at Decentrashop
Choice of Jurisdiction and Applicable Law:
Decentrashop, managed by Codyseum S.A.S, designates the jurisdiction and law of France and the European Union for dispute resolution, ensuring a consistent dispute management approach in line with current standards.
Application of French and European Law:
- French Law: Compliance with the French Commercial Code, Civil Code, and specific regulations on e-commerce and cryptocurrencies.
- European Regulations: Adherence to EU directives on consumer protection, data confidentiality (GDPR), and online commerce.
Dispute Procedures:
- Initial attempt for an amicable solution.
- Disputes not resolved amicably submitted to competent French courts.
- Court decisions based on French and applicable European laws.
Mutual Recognition of Jurisdictions:
Users acknowledge and accept that disputes will be governed by French law and relevant European directives, as stipulated in Decentrashop's T&Cs.
Exclusions:
This clause does not override legal limitations or rights granted to consumers in their residence country if applicable.
17. Account Suspension or Termination Policy
Conditions of Suspension or Termination:
Decentrashop may suspend or terminate accounts for various reasons, including, but not limited to, non-compliance with T&Cs, fraudulent activities, and abuse of the platform.
Suspension or Termination Process:
- Notification explaining reasons for action.
- Possible opportunity for response or rectification before action.
- Decentrashop reserves the right to discretionary measures based on breach severity.
Consequences:
- Access to the platform may be limited or blocked.
- Potential legal action in extreme cases.
These policies aim to maintain a safe, compliant environment for all users while protecting against abuse and illegal activities.
18. Specific Exclusions at Decentrashop
Decentrashop maintains a list of product and service exclusions to adhere to legal and ethical standards:
- Products requiring specific licenses, such as prescription drugs and certain chemicals.
- Alcohol, tobacco, and illicit substances.
- Weapons, explosives, and related items.
- Food and drinks, counterfeit items, and intellectual property violations.
- Offensive or inappropriate products or services, and items facilitating money laundering.
- Animals, stolen or illegally acquired property, and dangerous or regulated products.
- Art, antiques, software, technologies, gambling products, unauthorized medical products, and protected species.
- Surveillance equipment, historically sensitive items, and black magic or occultism related products.
Decentrashop is committed to compliance with local laws and regularly updates its exclusion list.
19. KYC/AML Instructions
Decentrashop partners with Synaps.io for KYC and AML compliance, ensuring secure and professional identity verification.
Identity Verification (KYC):
- Verification requires standard personal information and valid identification.
Anti-Money Laundering (AML) Compliance:
- AML data is managed by Synaps.io, following strict privacy laws.
- KYC/AML processes may vary based on transaction levels and suspicions of illegal activities.
Decentrashop ensures a secure environment and adheres to current AML standards with ongoing monitoring.
Transparency and Access: KYC/AML policies are accessible on Decentrashop's website, with rights to access and rectify personal data.
20. Management of Conflicts of Interest at Decentrashop
Decentrashop prioritizes transparency and equity, implementing systems to identify and resolve potential conflicts of interest.
Conflict Resolution Procedures:
- Fair treatment for all parties involved.
- Utilization of a mediation mechanism for dispute resolution.
Communication Policy:
Encourages open dialogue and provides feedback channels for concerns related to conflicts of interest.
Training and Awareness:
Regular training for staff and sellers on managing conflicts of interest.
Internal Controls and Audit:
Includes regular monitoring and independent audits to assess the effectiveness of conflict management measures.
21. Consumer Rights
Decentrashop is committed to protecting consumer rights in line with EU legislation.
Consumer Protection Mechanisms:
- Provides a standard right of withdrawal of 14 days, with exclusions for certain product categories.
- Applies legal guarantees and processes complaints swiftly and fairly.
Transparency and Communication:
Clear information on consumer rights and dedicated customer service for assistance.
Taking into Account the Experimental Character:
Transparent communication about its experimental nature while ensuring consumer rights are respected.
Commitment in the Event of Dispute:
Promotes amicable resolution and informs consumers of their rights to mediation.
Constant Evaluation and Improvement:
Encourages feedback and regularly updates its consumer rights policy.
By recognizing its experimental status, Decentrashop underscores its commitment to innovation while ensuring compliance with regulations and protecting consumer rights.