Version of February Third of 2025
These general conditions of use (hereinafter "CGU") govern the use of the marketplace under the conditions provided below. You acknowledge that these general conditions are enforceable and that you accept them. Otherwise, you are not allowed to use Capeo services.
Contents: designates any content (text, photography, video, etc.) relating to a seller or its online products on the marketplace, including, if necessary, brochures or technical sheets of the products, information or trends relating to the sector of activity, the project carried out by a seller.
Order: designates the order of products from the buyer on the marketplace.
Marketplace: www.avenuedelindustrie.com
Product: designates any product offered by a seller and referenced on the marketplace.
Services: designates all the services offered by Capeo to visitors through the Marketplace.
Seller: designates any manufacturer, any distributor, any e-merchant or more generally any professional referenced on the marketplace.
Capeo: designates Capeo , Limited liability company with share capital of € 40,000, registered with the RCS de VILLEFRANCHE TARARE under number B 481 359 875, whose headquarters are at 449 rue de l'Avenir- Zac Vernailes Ouest- 69 830 Saint Georges de Reneins, France.
Visitor: designates anyone who accesses and navigates the marketplace.
Identified visitor: designates any visitor who made a request and/or a purchase on the marketplace and communicated personal information concerning him.
Member visitor: designates any visitor who created an account on the marketplace.
The purpose of these general conditions of use are to set the contractual provisions relating to the respective rights and obligations of Capeo and visitors concerning the use of the marketplace and the services offered there.
The relationship between Capeo and the seller is governed by the general conditions of sale applicable to sellers. Any professional who wishes to become a seller on the marketplace will have to contact Capeo in particular by filling out the form available on the marketplace.
The use of marketplace features and services requires the acceptance of CGUs.
The acceptance of the T & Cs by one of the visitor's attendants or collaborators, as a legal person, is deemed to be made on behalf and on behalf of said visitor by a duly authorized person.
The services are provided for free by Capeo to visitors to the marketplace. Some services require the creation of an account or the identification of the visitor. The visitor is informed that personal data concerning him communicated to Capeo is processed in accordance with Capeo's privacy policy available on the marketplace.
The purpose of the marketplace is:
▪ Present the products and content from sellers to visitors,
▪ Deliver information to visitors,
▪ Allow visitors to create an account and benefit from the associated features,
▪ Allow visitors to be linked to one or more sellers,
▪ Allow visitors to make purchases.
The equipment necessary to access and use the marketplace is the responsibility of the visitor, likewise that telecommunications costs induced by their use.
It is recalled that Capeo is neither owner nor seller of the products and exercises no control over the content referenced on the marketplace (its only role that may, if necessary, be limited to a formatting or translation of proposed content by the seller).
Likewise, Capeo does not participate in the relationship or possible contract between the seller and the visitor, who perform their respective obligations under their own responsibility.
By referencing the products and content of the sellers, Capeo intervenes only in the following qualities:
• Host within the meaning of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy;
• Online platform operator according to law n ° 2016-1321 for a digital republic of October 7, 2016.
Relations between the seller and the visitor, in particular in the event of an offer or sale of a product, will be exclusively subject to the conditions determined between them, without responsibility for Capeo which is not involved in the relationship between the seller and the visitor.
Capeo cannot therefore be responsible for the information provided by sellers or available publicly about their products, for which Capeo does not have the quality of publisher. In addition, Capeo publishes and publishes content on the marketplace, in particular e-magazines by theme, accessible online on the marketplace. The visitor can subscribe to the e-magazines as well as, in general, to the Capeo newsletters, by filling out the form provided for this purpose on the marketplace.
The marketplace allows visitors to search for products, consult the information relating to the latter or to sellers and/or to be returned to their website, and/or to make requests directly from a seller and/or D 'Purchasing, depending on the features offered on the marketplace. To make a request at the show, the visitor does not have the obligation to create an account, it is enough for him to identify himself by entering his personal contact details. On the other hand, to make a purchase on the shop, the visitor must create an account.
The identified member visitor or visitor undertakes to provide Capeo with exact, loyal and up -to -date data, which do not affect, in any capacity whatsoever, to the rights of third parties and to communicate to Capeo any necessary update data communicated when registering. Once registered, the member visitor will receive an account confirmation email from Capeo.
When creating the account, the member visitor must choose a personal and confidential identifier and password. The member visitor undertakes to ensure the confidentiality of his identifier and his password: he will be responsible for the fraudulent use of his identifier and his password due to a fault or negligence on his part. Any member visitor who is aware of a fraudulent use of their identifiers will have to inform Capeo as soon as possible.
To make a purchase on the shop, the member visitor must add the desired product (s) to their basket. If the products placed in the basket are sold by different sellers, the order is divided into logistics orders, that is to say by seller.
To finalize his order, the visitor must validate his basket and make the payment of the globality. Two payment methods are offered to him, either by bank card or by transfer.
Payments made via the marketplace are subject to the general conditions of use of the Mangopay payment provider.
Each logistics order is subject to acceptance of the corresponding seller. She does not become final as from the validation of payment and acceptance of the order by the seller.
In the context of the use of the marketplace, each visitor undertakes not to infringe public order and to comply with the laws and regulations in force as well as to respect the rights of third parties and the provisions of the CGU .
In particular, each visitor has the obligation to:
• Loyal and reasonably behave with Capeo, sellers and
third party ;
• Be honest and sincere in the information provided in Capeo and, if necessary, to sellers and third parties;
• Use the marketplace in accordance with its object as described in the CGU;
• Do not divert the purpose of the marketplace in particular to commit crimes, crimes or contraventions repressed by the penal code or any other law;
• Respect the privacy of third parties and the confidentiality of exchanges;
• Respect Capeo's intellectual property rights relating to the elements of the marketplace;
• Do not try to undermine within the meaning of articles 323-1 and following of the Criminal Code to
automated data processing systems implemented on the marketplace;
• Do not modify the information put online by Capeo or a seller;
• Do not use marketplace to massively send unsolicited messages (advertising or other);
• Do not disseminate data with the effect of decreasing, disorganizing, slowing down or
to interrupt the normal operation of the marketplace.
Brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the marketplace are the exclusive intellectual property of Capeo or sellers and cannot be reproduced, used or represented without express authorization under penalty of legal proceedings.
Any representation or reproduction, total or partial, of the Marketplace and its content, by any process whatsoever, without the express prior authorization of the rights holder on said content, is prohibited and will constitute a counterfeiting sanctioned by articles L. 335-2 and following and articles L.713-1 and following of the Intellectual Property Code.
In particular, Capeo expressly prohibits:
• The extraction, by permanent or temporary transfer of the entire or of a qualitatively or quantitatively substantial part of the content of its database on another medium, by any means and in any form whatsoever;
• Reuse, by making the public available to the entire or qualitative or quantitatively substantial part of the content of the base, whatever the form;
• Reproduction, extraction or reuse, by any means, of the content referenced on
The Marketplace.
Acceptance of these CGUs is a recognition by visitors to intellectual property rights of capeo and commitment to respect them.
Capeo obligations are means obligations.
Capeo undertakes to implement all the means to ensure continuity of access and use of the Marketplace 7 days a week and 24 hours a day. Capeo attracts the attention of visitors to the The fact that current communication protocols via the Internet do not make it possible to certainly and continuously ensure the transmission of electronic exchanges (messages, documents, identity of the transmitter or recipient).
Capeo declines all responsibility in particular:
▪ If it is impossible to temporarily access the marketplace for technical maintenance operations or updated information published. Visitors recognize that Capeo's responsibility cannot be engaged in the event of
dysfunctions or interruptions of said transmission networks;
▪ In the event of viral attacks, illicit intrusion into an automated processing system of data or incidents not due to capeo or abnormal use or illegal exploitation of the site by a visitor or a third party;
▪ Relative to the content of third -party websites to which hypertext links refer
present on the marketplace;
▪ In the event of non -compliance with these CGU attributable to visitors;
▪ In the event of delay or non -performance of its obligations, when the cause of delay or non -performance is linked to a case of force majeure as defined in these Terms;
▪ In the event of a foreign cause not attributable to Capeo;
▪ in the event of a breach of any visitor or the seller in the direct relationship between
Visitor and seller, in which Capeo does not participate.
In any event, Capeo's responsibility can only be engaged in the event of proven fault. In the event of abnormal use or illegal marketplace exploitation, the visitor is then alone
Responsible for damage caused to third parties and the consequences of complaints or actions that may result from it.
With regard to visitors having the quality of professional, Capeo responsibility is excluded for intangible damage such as loss of luck, loss of profit, loss of contract or image damage and will be, in any event, strictly limited to the amount of € 1,000.
Visitors recognize that Capeo has the quality of host within the meaning of article 6 i 2 ° of law n ° 2004-575 of June 21, 2004 for the confidence in the digital economy called LCEN.
As such, CAPEO reserves the right to withdraw any content which has been reported to it and that it will consider obviously illegal in the sense of this text.
The notification of manifestly illicit content by a visitor or any other third party must be done by email or by registered mail with receipt and comply with article 6 i 5 ° of the same law.
The referencing of products on our search engines is linked to the relevance of the product found in relation to the search carried out. The evaluation of this relevance is based on the data available on each product: definition, model, brand, characteristics, specifications, etc.
Sellers are subject to the general conditions of sale of capeo and can be subject to a dereferencing in the event of a breach of them.
Capeo may terminate the account of the member visitor in the event of a breach of the latter to any obligations after prior notification which has remained unsuccessful.
The termination will take place without prejudice to all the damages which could be claimed by CAPEO from the visitor member in compensation for the damage suffered due to such breaches. Capeo may refuse the creation of an account or send a request to any visitor who has committed A breach of the T & Cs.
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the CGU cannot affect the validity of the CGU. Such a modification or decision does not in any way allow visitors to ignore the CGUs and/or their legal obligations.
CGUs can be modified and updated by Capeo at any time, in particular to adapt to legislative or regulatory development. In the event of refusal of the new CGUs, the member visitor may terminate their account.
The fact for one of the parties not to demand at any time the strict execution by the other part of a provision or any condition of the CGU will not be deemed to constitute a final renunciation for this provision or condition.
Any translation of the CGU in another language that French is given as an indication, only the French version being proof. The French version of the CGU is notably available on marketplaces whose extension is .fr or on request in Capeo.
These CGUs as well as in general, the relations between the visitor and Capeo are governed by French law.
When the visitor has the quality of consumer and lies in a Member State of the European Union other than France, it is informed that it also benefits, under article 6, paragraph 2, of the Rome I regulation, of The protection of the imperative provisions of the law which would be applicable to it.
Before any judicial recourse, negotiation in a spirit of good faith will be favored in order to achieve an amicable agreement during the occurrence of any conflict relating to the contract, including relating to its validity.
In the absence of an amicable agreement within one (1) month from the referral to one of the parties, made in writing, each of them will cover their full freedom of action and his right to grasp a judge.
It is expressly recalled that requests for amicable settlement do not suspend the deadlines open to bring legal actions.
Only the French courts of the jurisdiction of the registered office of Capeo will be competent (this provision being applicable only to visitors having the quality of merchant in accordance with article 48 of the Code of Civil Procedure).