Terms and conditions

Terms and conditions

GENERAL CONDITIONS OF USE SELLERMANIA

SUMMARY OF CHANGES FROM JANUARY 21, 2025

• Notification of termination, via the User Account: “The decision to terminate this agreement must be notified to the other Party in the User Account unless otherwise provided in the Order Form.” Article 15.2

PREAMBLE – ABOUT THE SELLERMANIA COMPANY

THE USE OF THE WEBSITE WWW.SELLERMANIA.COM PUBLISHED BY THE COMPANY SELLERMANIA, THE REGISTRATION FOR THE SERVICES OFFERED ON THIS SITE AND THEIR USE BY USERS, ARE GOVERNED BY THESE GENERAL CONDITIONS OF USE AND SALE.
WE RECOMMEND THAT YOU READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE OR THE SERVICES OFFERED ON THE SITE.
USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THE CONTENT OF THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE AND YOU MUST DISCONTINUE USING THE SITE.

BY SIGNING THESE GENERAL TERMS AND CONDITIONS OF USE:

  • I acknowledge and certify that I have read these General Conditions of Use of SELLERMANIA and accept them expressly and without reservation, as well as having full legal capacity to contract with the company SELLERMANIA within the framework of the subscription to its service offer.
  • I acknowledge and certify that I subscribe to SELLERMANIA’s services as an e-commerce professional, acting for purposes that fall within the scope of my commercial, industrial, craft, or liberal activity.
  • I hereby certify that I am over eighteen years of age and have full legal capacity to enter into a contract with the company SELLERMANIA.

The company SELLERMANIA is a simplified joint-stock company (SAS) with a capital of 95,847 euros (€), registered with the Nanterre Trade and Companies Register under number 483.181.483, and whose registered office is located at 10 rue de Penthièvre 75008 Paris (France) – Tel: (33) 01.79.75.53.00.

SELLERMANIA is the publisher of the Site and the Services offered on the site http://www.membres.sellermania.com/ hereinafter the Site.

SELLERMANIA is a legally and economically distinct entity independent of the Platforms (hereinafter defined).

ARTICLE 1 – DEFINITIONS

  • The following capitalized terms are used herein in accordance with the following definitions:
  • CGU: the general conditions of use of the Site and the Service described herein, exclusively governing the use by Users of the Site and the Service and in particular the Software within the framework of the Service.
  • User Account: a User’s personal account created online when registering for the Service and which the User can access using a username and password that they have chosen themselves.
  • Software: any Platform or Platform management software made available to Users by SELLERMANIA on its Site, as part of the subscription to the Service, allowing Users to optimize the sale and management of sales of their products and/or services on the Platforms. The User has access to the Software only online via a connection to their User Account.
  • Connector: any module provided by Sellermania that allows the connection between the User’s website and Sellermania, such as the Prestashop, Magento, or Shopify Connector.
  • Smart Map: This is a tool for transforming the catalog provided by the User in order to make it correspond to the catalog requirements imposed by the Platforms.
  • Offers: collectively designate all the Service offers proposed by SELLERMANIA, constituting specific terms of provision of the Service.
  • Options: collectively designate any functionality included in or in addition to the Offers subscribed to by the User.
  • User Account Setup: Initial setup of the User Account, also called Onboarding as described in the order form.
  • Platform: Any marketplace or other online sales channel on which a natural or legal person can offer products or services for sale, such as an online price comparison site, an affiliate platform, or a retargeting platform – and which is a partner of SELLERMANIA as part of the Service. Amazon, eBay, Rakuten, Fnac, LeGuide.com, Google Shopping, RueduCommerce, Cdiscount, and Abebooks are examples of Platforms.
  • Service: the service of making one or more Software(s) available online, via the Site, in the form of a tacitly renewable monthly paid subscription, and the conditions of use of which are defined within the framework of these T&Cs. The Service is available to Users and accessible exclusively on the Site. The Service may include Additional Services.
  • Additional Services: any additional service offering to which the User may subscribe within the framework of the Service, listed in the order form, and described in Article 8 below.
  • Parties: together designate SELLERMANIA and the User who has subscribed to the Service, individually designated, one or the “Party”.
  • User(s): any natural or legal person registered with the Trade and Companies Register (RCS) and working as a sales professional, who uses the Software(s) for the purposes of their professional activity, as part of a subscription to the Service taken out with SELLERMANIA, and who is subject to these T&Cs.

ARTICLE 2 – PURPOSE

The purpose of the T&Cs is to define (i) the conditions of access and use of the Site, (ii) in particular, the conditions of subscription and use of the Services, and (iii) in this context, the rights and obligations of the Parties, respectively in the provision (by SELLERMANIA) and use (by the Users) of the Software and associated services relating to the Service.
ARTICLE 3 – EXPRESS ACCEPTANCE OF THE T&Cs
Any use of the Site and/or the Service implies consultation and unreserved acceptance of these T&Cs by the User or of any update to the T&Cs presented on the Site interface.

SELLERMANIA may modify the T&Cs at any time, subject to informing Users as soon as they come into force by email and/or by publishing the modification on the Site.

SELLERMANIA will update the T&Cs by indicating the date of the last update at the bottom of these T&Cs. Any User who continues to access/or use the Site and/or the Service offered on the Site and does not immediately reject the changes after they have been published on the Site or notified to it by email, confirms that they agree with the new T&Cs and accept them without reservation.

ANY USER WHO WISHES TO SUBSCRIBE TO AN ONLINE SERVICE MUST ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, INCLUDING THEIR LATEST UPDATE WHICH HAS BEEN PUBLISHED AND NOTIFIED TO THE USER. IF YOU DO NOT AGREE WITH THE CURRENT TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR SUBSCRIBE TO ANY SERVICE OFFERED ON THE SITE.

ARTICLE 4 – CONDITIONS OF ACCESS TO THE SITE

Users of the Site acknowledge that:
(i) consultation and use of the Site are governed exclusively by these T&Cs, including their latest update, which they have fully understood and must comply with without reservation;

(ii) access to the Site and its consultation by minors (under eighteen (18) years of age) is prohibited. By consulting the Site you guarantee that you are over eighteen (18) years of age. Similarly, the Services offered on the Site are reserved for professionals, are not intended for minors, nor for persons who do not have full legal capacity to contract under these terms;

In addition, the User who wishes to subscribe to a Service offered online, agrees to pay SELLERMANIA the price including tax corresponding to the cost of the subscription to the chosen Service(s), and the amount corresponding to the User Account Configuration, under the conditions defined herein. IF YOU DO NOT MEET THE ABOVE CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE AND MUST CEASE USING THE SITE.

ARTICLE 5 – CONDITIONS OF SUBSCRIPTION TO THE SERVICE

The User must comply with the following conditions to be authorized to use the Service:

(i) be a natural or legal person registered with the RCS and operating as a professional seller of products or services, and who wishes to use the Service as part of their professional activity;

(ii) have lawful use of the Service(s) subscribed to, in accordance with these T&Cs and in application of the laws and regulations in force;

(iii) be fully informed of the sales rules on each of the Platforms, respect them and ensure in advance the compatibility of the Platform with its products;

(iv) pay monthly, on the due dates indicated, the monthly installments for the subscription taken out with SELLERMANIA, as well as any other costs or fees which may be charged to it, under the conditions defined herein.
Furthermore, the User is informed that in order to be able to fully use the subscribed Services, he/she must have a professional user account on the Platforms (or “seller” account, depending on the terminology used on the Platforms) allowing him/her to offer products for sale on these Platforms.

It is specified that certain functionalities of the Service cannot be active if the User does not have such accounts with the Platforms concerned.

ARTICLE 6 – DESCRIPTION OF THE SELLERMANIA SERVICE

The Service defined in Article 1 consists of making one or more Software programs available to the User, as well as providing technical assistance for the use of the Service. The Services offered by SELLERMANIA on the Site allow the User, under the conditions specific to each Offer described in Article 7 below, to optimize the management of their sales on the Platforms. In addition, the Service includes any Additional Service to which the User has decided to subscribe and the description of which is provided by SELLERMANIA in Article 7 hereof.
All Services are provided on a non-exclusive, personal and non-transferable basis, under the strict conditions defined herein.

ARTICLE 7 – DESCRIPTION OF THE DIFFERENT SERVICE OFFERS

SELLERMANIA offers different Offers for the Service:

The “WeReprice” Offer: exclusively includes automatic price update functionalities on certain Platforms, based on a strategy defined by the User, and does not include the functionalities of the other Offers;

The “Business” Offer: a tool for managing your activity on the Platforms;

The “Enterprise” Offer: includes the features of the “Business” offer to which are added, among other things, enhanced inventory export features, customization of order exports, and multi-site “Fulfilled by Amazon” processing, and a greater number of monthly orders;

The “Platinium” Offer: includes the features of the “Enterprise” offer, plus, among other things, EAN Smart Chain linking features and a greater number of monthly orders.

The “Titanium” Offer: includes the features of the “Platinum” offer, plus, among other things, dynamic price calculation features based on the competition, and a greater number of monthly orders.

The “Krypton” Offer: includes the features of the Titanium Offer as well as other tailor-made services.

Each of the above Offers is subject to usage limits, including number of orders, history, number of source feeds, frequency of updates.

Options:

In addition to the Offers above, the User may subscribe to Options to expand their scope. For example, Additional Order Pack Options allow the limit on the number of orders to be increased.

Another example, the “WeReprice Price Calculation Options” allows you to adjust your prices based on the competition. Some other features also depend on this option, such as the display of the buy box on the Site interface or the sales rank.

The WeReprice Real-Time Repricing Offer and Options for Amazon are limited to a number of “events per minute (EPM)” transmitted by the Amazon Platform and corresponding to the price movements of the competition.

Once the event limit is reached, dynamic repricing will suspend its operation, until one of the following conditions is met:

(i) the reduction in the number of events, over the following minutes, and/or
(ii) increasing the limit, via the purchase of “additional EPMs” options

The User acknowledges that the price of certain items cannot be adjusted if the EPM limit is reached.

ARTICLE 8 – DESCRIPTION OF ADDITIONAL SERVICES

Additional Services offered by SELLERMANIA include:

(i) Support Services. Support operates through an incident-based ticket system. To benefit from this support, the customer must send an email to support@sellermania.com for each incident. The included support is limited to one hour per month, via email, regardless of the number of the customer’s Sellermania accounts, unless otherwise stated in the order form. Unused hours cannot be renewed from one month to the next. In the event of an overtime, support will be billed to the customer at a price of €100 excluding VAT per additional hour of support. The customer will be notified in advance in the event of an overtime. Support hours are Monday to Friday, 9:30 a.m. to 12:30 p.m. and 2:00 p.m. to 5:30 p.m.

(ii) Online help service: accessible from the User account at the address http://aide.sellermania.com/Aide/
 
(iii) “Standalone” Configuration Service: includes a demo of the Software, and access to online help.
 
(iv) Additional Configuration Services, described in the contractual document “Additional Service Conditions”.

These Additional Services, if subscribed to by the User, are listed in the order form or in the subscription confirmation email sent to the User.
ARTICLE 9 – SERVICE SUBSCRIPTION PROCEDURE

9.1 – Subscription Procedure

The procedure and conditions of subscription to the Service are exclusively governed by these T&Cs, without prejudice to any specific conditions appearing in the order form.

In the case of the WeReprice Offer:

  • The User benefits from a unique 14-day free trial period on a Platform to be chosen from among three marketplaces eligible for free trials.
  • To benefit from this, he enters: his professional email address, his contact details, and connects a Platform to his SELLERMANIA account. The chosen Platform, and the email address entered must not have been connected to SELLERMANIA before.
  • He accepts these T&Cs by checking the corresponding box.
  • At the end of the trial period, he chooses the paid WeReprice Offer, by selecting the list of Platforms he wishes to connect, from among all the Platforms offered, and the corresponding subscription amount.
  • He validates his subscription, and is redirected to the payment partner (Stripe) to enter his bank card number, which authorizes SELLERMANIA to collect the amount of his subscription monthly.
  • The User may at any time subscribe to certain options which supplement their subscription.

In the case of other Offers:

A SELLERMANIA sales representative will contact the User. If the User subscribes to the Service, they sign:

  • An order form, describing the Offer subscribed to, the onboarding formula, the Options chosen, the invoice amount in Euros excluding taxes, the payment method, as well as the amount of the Configuration fees;
  • The “ADDITIONAL SERVICE CONDITIONS applicable to the Onboarding Consulting package”, if applicable;
  • These T&Cs.

The User undertakes to pay any User Account Setup fees before any Commissioning.
The User returns the order form, the “ADDITIONAL SERVICE CONDITIONS”, and the signed T&Cs and provides a bank account details form and a direct debit authorization for the payment of the monthly installments.
The User, or the SELLERMANIA sales representative, creates a User Account by choosing a username and password. A confirmation of the creation of the User Account is sent to the User. A sales representative will contact the User to connect the User Account to the relevant Platforms, unless the User has previously made this connection themselves, via their User Account, by following the online instructions.

The User can subscribe to certain options themselves directly on the Site, without going through a salesperson, by accepting the price displayed online and the T&Cs presented.

9.2 – Usernames and password

The User chooses a username and password when creating their User Account, or modifies them if the SELLERMANIA sales representative created their User Account.
The username and password chosen by the User, and the API identifier communicated to the User are personal; the User undertakes not to disclose them, nor to allow any other person to use them. Any use of the Service using the User’s username and associated password is deemed to be made by the User. SELLERMANIA cannot be held responsible in the event of loss, theft and/or any fraudulent use of the User’s username and/or password. If one of the aforementioned cases occurs, the User must immediately inform SELLERMANIA in writing. Sellermania support can log into the User account at any time as an administrator.

9.3 – Connection to Platforms

The User Account (SELLERMANIA) can be connected to the User’s user/seller account on each associated Platform, limited to a single user/seller account per Platform.

ARTICLE 10 – APPLICABLE PRICES

The applicable prices are indicated on the order form in Euros excluding tax (HT). The prices are invoiced by SELLERMANIA and payable by the User in Euros including tax.

The prices charged by SELLERMANIA within the framework of the Service remain subject to change or modification by SELLERMANIA, at any time, under the conditions provided for herein, and in particular in the event of modification of the Offers and/or Additional Services subscribed to by the User (addition or withdrawal of the User’s products or services within the framework of the Service, subscription to Options, etc.).

Any modification by SELLERMANIA of the prices charged within the framework of the Service will be applicable, after written notification to the User and publication of the price update on the Site, to the subscription taken out by the User, from the month following this modification, unless expressly terminated by the User under the conditions provided herein.

When this price modification results from a modification of the Services subscribed to by the User, at his initiative (addition or withdrawal of the User’s products or services within the framework of the Service, addition or withdrawal of marketplaces/Platforms activated by the User, addition or withdrawal of Options, etc.), the applicable prices will be determined under the conditions provided for in article 11 hereof.

ARTICLE 11 – PRICES AND CHARGES

11.1 – Price Calculation

The subscription price is made up of the following components, specified in the shopping cart and confirmation email for the WeReprice Offer, and on the order form for other Offers:

(i) Any initial Setup fees. These fees are due upon validation of the order and are non-refundable;

(ii) A monthly fixed price;

(iii) A possible commission on sales which applies according to the type of Offer and the Options chosen;

(iv) Possible Option fees depending on the User’s choices, for functionalities, maintenance, support, or any other service.

11.2 – Commissions

Any commissions due to SELLERMANIA, if mentioned on the order form, are calculated on the basis of the sales prices to the end consumer, understood as the sales prices including tax applied to the items sold by Users on the Platforms, all costs included, excluding shipping costs.

These commissions are applied to the sale of items on the Platforms by the User when the items sold by the User on the Platforms were sold using the identifiers entered in the SELLERMANIA User Account, i.e., when the user/seller account that made the sale is connected to the SELLERMANIA User Account. Cancelled orders are not invoiced, if the invoicing of these orders has not yet taken place, or are subject to a credit note after notification by email by the User within 90 days of the invoicing if it has already taken place.

11.3 – Multiple Accounts

If the User has several SELLERMANIA User Accounts, the subscription costs, User Account Setup fees and commissions are invoiced, due and paid for each User Account, under each subscription, according to separate invoices.

11.4 – Purchase Order

The terms and conditions of application of the prices for the Service are indicated and detailed for each Offer

  • In the shopping cart and the confirmation email for the WeReprice Offer,
  • In the order form for all other Offers.

ARTICLE 12 – CONDITIONS AND TERMS OF PAYMENT
All Service costs and related fees are invoiced and payable inclusive of tax. Any bank charges remain the responsibility of the User (including in the event of a refund).

12.1 – Invoicing and payment deadlines

User Account Setup fees are payable upon ordering. They cannot be refunded under any circumstances in the event of termination of the User’s subscription, for any reason whatsoever and even if the User has not benefited from the Service, once the User Account Setup has begun.

The fixed price, including options, is invoiced at the beginning of each period, each month in the case of a monthly payment, or annually in the case of an annuity, from the date of signing the contract and payable upon receipt of the invoice. In the event that the User has subscribed to options directly from their User account, the options are invoiced monthly, even if the User has subscribed to an annual subscription.

Commissions are invoiced at the beginning of each month and apply to orders from the previous month and are payable upon receipt of the invoice.
SELLERMANIA undertakes to issue an invoice to the User for the commissioning costs, on the one hand, and then each month, for the price and all costs related to the Service for the previous month.

12.2 – Authorized payment methods

Payment by SEPA direct debit

When the User returns their order form accompanied by these General Terms and Conditions, all duly signed, by email or electronic signature, they communicate their IBAN and their direct debit mandate.
The User authorizes SELLERMANIA to make withdrawals from the bank account referred to in the bank withdrawal authorization communicated.

Payment by bank card:

SELLERMANIA has implemented a secure credit card payment procedure through its partner Stripe. When paying, the User enters the number, expiration date, and cryptogram number (the 3-digit number on the back of the bank card) of their bank card directly on the Stripe website, which informs SELLERMANIA that the payment has been completed.

The bank cards accepted on the Site are: Visa, MasterCard.

12.3 – Default of payment

Any invoice issued by SELLERMANIA will be paid to the latter according to the due date indicated on the invoice, according to the terms and conditions of payment provided for herein.

By express agreement, failure to pay on the due date may, notwithstanding the termination of the subscription and the expiry of the authorizations to access and use the Service relating thereto, automatically and without prior notice result in one or more of the following consequences:

(i) Blocking access to certain pages, while maintaining the continuity of certain stock and price update functionalities,

(ii) the immediate cessation of all services in progress, whatever their nature and/or level of progress, and on all the User’s accounts if he holds more than one,

(iii) the immediate payment of all sums remaining due,

(iv) the invoicing of late payment interest calculated in accordance with the provisions below.

In particular, the User is informed that the termination of the Service for non-payment is likely to disrupt the course and management of sales on the Platforms. In particular, it may result in the cessation of the display of products on the Platforms, the cessation of stock synchronization, the interruption of order taking, and the permanent deletion of products from his User Account. The User is informed that such a termination of the Service may result in a loss of business, for which he will assume full responsibility.

In the absence of payment on the due date, late payment interest will be legally due and calculated on the basis of a rate equal to three (3) times the legal interest on the day following the due date mentioned on the invoice, without a reminder being necessary. No discount is granted for cash payment. In accordance with Articles 441-6 and D. 441-5 of the French Commercial Code, any late payment automatically entails, in addition to late payment penalties, an obligation to pay a fixed compensation of forty (40) euros for recovery costs.

Furthermore, any recovery procedure that SELLERMANIA is forced to initiate against the User will remain at the User’s expense, without prejudice to the application of the aforementioned late payment penalties and/or the right for SELLERMANIA to claim any damages.

ARTICLE 13 – SIGNATURE AND ELECTRONIC EVIDENCE

In the event of online payment, the online provision of the bank card number and the validation of the order on the Site will constitute proof of acceptance of the order in accordance with the provisions of Law No. 2000-230 of March 13, 2000 adapting the law of proof to information technologies and relating to electronic signatures and will constitute payment of the sums committed for the orders.

This validation constitutes signature and express acceptance of all orders placed on the Site.

The computerized records stored in SELLERMANIA’s computer systems, under the conditions provided for by Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms in France, and the General Data Protection Regulation of April 27, 2016 (GDPR) will be considered as proof of communications and transactions between SELLERMANIA and the User.

ARTICLE 14 – RIGHT OF WITHDRAWAL

The right of withdrawal, provided for in article in law n ᵒ 2014-344 of March 17, 2014 known as the Hamon law, L.121-21 of the French Consumer Code, only benefits consumers and only benefits companies if the following conditions are met:

“Subsections 2, 3, 6 and 7, applicable to relations between consumers and professionals, are extended to contracts concluded off-premises between two professionals provided that the subject of these contracts does not fall within the scope of the main activity of the professional requested and that the number of employees employed by the latter is less than or equal to five.

The user acknowledges being informed that he does not have a right of withdrawal when he contracts under these terms as an e-commerce professional, acting for purposes which fall within the main scope of his commercial, industrial, craft or liberal activity, within the meaning of the preliminary article of the French Consumer Code.
ARTICLE 15 – DURATION OF THE SUBSCRIPTION – TERMINATION

15.1 – Duration

The subscription taken out by the User will take effect from the invoicing of the first monthly or annual payment.

Subscription to Offers and Options

  • The subscription to the Offers is taken out for a period of one (1) month in the case of the WeReprice Offer and twelve (12) months in the case of the other Offers, starting from the first day of payment of the monthly fixed price, then is tacitly renewed for successive identical periods, until termination of the subscription by either Party, under the conditions provided for in this article, unless otherwise stated on the Order Form.
  • The subscription to the Options is taken out for an initial period of one (1) month, tacitly renewable for successive identical periods, unless they have been subscribed for an annual period, as specified in the Order Form

15.2 – Termination

The Parties may freely decide to terminate this Agreement at any time. The decision to terminate this Agreement must be notified to the other Party in the User Account unless otherwise provided in the Order Form. Any decision to terminate a subscription is effective according to the following terms:

  • In the case of the WeReprice Offer: at any time before the subscription renewal date.
  • In the context of other Offers: at any time before the subscription renewal date, respecting a notice period of two (2) months.
  • Under the Monthly Payment Mode Options:
    • (i) from the end of the month, if this occurs before the fifteenth (15th) of the current month;
    • (ii) from the end of the month following the current month, if this occurs on or after the fifteenth (15th) of the current month, postmark being proof.

The above conditions apply to each User account.

In the event that the User does not fulfill all or part of the obligations incumbent upon him under these T&Cs, SELLERMANIA:

(i) may at any time terminate these terms and conditions by operation of law, with prior formal notice fifteen (15) days before notification of the termination decision to the User to perform its obligations not followed by effect;

(ii) may at any time terminate these terms and conditions automatically, without notice and with immediate effect in the event of non-payment in accordance with Article 12.3 or non-compliance with Articles 22.5 or 22.6;

(iii) where applicable, will transmit any formal notice by any means of its choice, including by simple electronic mail (e-mail).

Any decision to terminate these terms by SELLERMANIA is made without prejudice to:

(i) any damages to which SELLERMANIA may be entitled, or any other means or remedies that it may exercise to assert its rights under this agreement; and

(ii) the obligation for the User to pay all amounts remaining due to SELLERMANIA on the date of termination, for the current subscription period, which will then become immediately due, in addition to any late payment interest which may also be invoiced to the User, where applicable.

15.3 – Consequences of termination

In the event of termination by either Party:

(i) the amounts due for the current subscription period remain due, as well as all possible fees attached thereto, without prejudice to late payment interest that may be applied where applicable. In particular, all User Account Setup fees remain due by the User regardless of the date or subscription period during which this termination decision occurs as soon as the User Account Setup has started.

(ii) the User Account concerned will be closed by SELLERMANIA and the data contained therein will be deleted. Any data recovery procedure occurring after the closure of the Account is excluded.

Furthermore, the User accepts that in the event of termination, the products/services and/or related information appearing on the Platforms will in certain cases be deleted from the Platforms, in addition to the data relating to the Service. If applicable, it will be the User’s responsibility to put the products/services back on sale on the Platforms by any means of their choice.

(iii) the User will continue to benefit from the Service until the end of the current period, or until the effective date of termination, whichever is later.

IN ANY EVENT, REGARDLESS OF THE DATE ON WHICH THE USER INDICATES HIS OR HER INTENTION NOT TO RENEW HIS OR HER SUBSCRIPTION, SELLERMANIA WILL NOT OWE THE USER ANY REFUND OR AMOUNTS DUE FOR THE MONTHLY SUBSCRIPTION, SET-UP, COMMISSION FEES OR OTHER FEES OR ANY OPTION, WHICH WILL REMAIN DUE TO SELLERMANIA AND PAYABLE UNTIL THE END OF THE CURRENT SUBSCRIPTION PERIOD, EVEN IF THE SERVICE IS NOT USED.

ARTICLE 16- INTELLECTUAL PROPERTY

SELLERMANIA is the owner of the domain name [sellermania.com] corresponding to the Site.

The Site is an intellectual work protected by French law and its French Intellectual Property Code (CPI). The Site as a whole, as well as all elements of the Site, whether visual or audio, including the underlying technology, are protected (as the case may be) by copyright, trademarks or patents or by the sui generis right of database producers (no total or partial extraction is authorized).

All of the aforementioned elements are the exclusive property of SELLERMANIA, which is the sole holder of the intellectual property rights relating thereto.

The right to use the Site, granted to the User hereby, cannot in any way be construed as conferring any right of ownership on the Site or on any of its constituent elements.

Apart from the strict use of the Site for the purposes of browsing the Site or using the Service on the Site, the User is not authorized to use the Site in whole or in part, for any other purposes whatsoever.

Any use of any component or part of the Site, of the trademarks or logos belonging to SELLERMANIA, or any exploitation of its intellectual property rights, which is not expressly authorized herein, is strictly prohibited to the User, in particular any export of feeds from SELLERMANIA to other sites which are not expressly approved by SELLERMANIA is strictly prohibited.

IN PARTICULAR, THE USER IS NOT AUTHORIZED TO MODIFY, COPY, DISTRIBUTE, FRAME, REPRODUCE, REPUBLISH, UPLOAD, DISPLAY, POST ONLINE, TRANSMIT OR CREATE DERIVED WORKS OF THE ELEMENTS CONTAINED ON THE SITE OR TO DISSEMINATE OR COMMUNICATE THEM TO THIRD PARTIES (IN PARTICULAR ON OR BY MEANS OF A THIRD-PARTY WEBSITE) OR TO USE THEM BY ANY OTHER MEANS, EXCEPT WITH THE EXPRESS, WRITTEN AND PRIOR AGREEMENT OF SELLERMANIA.

The user is not authorized to access, download, display, upload, or copy the pages of the site by programming other than by using the APIs provided by Sellermania. All techniques known as crawling or scraping are strictly prohibited.

ANY HYPERTEXT LINK REFERRING TO THE SITE AND USING THE TECHNIQUE OF “FRAMING” OR “IN-LINE LINKING” OR ANY OTHER TECHNIQUE OF REFERRING TO THE SITE IS IN PRINCIPLE FORMALLY PROHIBITED.

Users agree not to publish any illegal content. SELLERMANIA cannot be held responsible for illegal content posted by Users on the Site, particularly in the context of reviews of SELLERMANIA products and Services.

ARTICLE 17 – REMOVAL OF INAPPROPRIATE OR ILLEGAL CONTENT

SELLERMANIA undertakes to remove any manifestly illicit content that is validly notified to it in accordance with the following provisions of Article 6.I 5) of Law No. 2004 – 575 of June 21, 2004, known as the Law for Confidence in the Digital Economy (LCEN):

“5. Knowledge of the disputed facts is presumed to be acquired by [the persons designated in 2] when [they] are notified of the following elements:
– the date of notification;
– if the notifier is a natural person: his/her surname, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal entity: its form, name, registered office and the body which legally represents it;
– the names and address of the recipient or, if it is a legal entity, its name and registered office;
– the description of the disputed facts and their precise location;
– the reasons why the content must be removed, including a mention of the legal provisions and the factual justifications;
– a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or justification for the fact that the author or publisher could not be contacted.”

Furthermore, SELLERMANIA reserves the right to remove, as a precautionary measure, any content that may be considered illicit or inappropriate on the Site.

ARTICLE 18- PERSONAL DATA

A User’s personal data is information that allows the User to be identified directly or indirectly, within the meaning of Article 2 of Law No. 78-17 of 6 January 1978, relating to information technology, files and freedoms, known as “Informatique et Libertés” and Article 4-1° of European Regulation 2016/679 of 27 April 2016 (known as the “General Data Protection Regulation” or GDPR); this regulation specifies that the protection of personal data requires taking “appropriate technical and organizational measures to guarantee a level of security appropriate to the risk”.

Users are required to provide this type of information (surname, first name, email or postal address, username, passwords, etc.) voluntarily when requesting information online and, where applicable, when placing an order with SELLERMANIA.

18.1 – Purpose of processing

SELLERMANIA processes the personal data transmitted by the User for the following purposes:

(i) Customer management (processing necessary for the performance of the services described in Articles 6, 7 and 8) including access to accounts on the Platforms when necessary, invoicing and payments, and dispute management (based on SELLERMANIA’s legitimate interest);
(ii) Direct marketing (processing justified on the basis of SELLERMANIA’s legitimate interest). Please note that only the contact details of the User’s contact person are used for this purpose.

In all cases where the processing of personal data is necessary for the performance of the contract, SELLERMANIA will not be able to perform the contract with the User if the latter fails to provide the required information.

18.2 – Retention period

The personal data concerned are kept for a period of 3 years following the termination of the contractual relationship with the User.
The person responsible for processing this data can be contacted at the following address: support@sellermania.com or by registered letter with acknowledgment of receipt to the head office of SELLERMANIA.
After the end of the contractual relationship, the User may request the deletion of personal data that are no longer necessary for the purposes for which they were collected or processed.

18.3 – Disclosure

SELLERMANIA may disclose personal data to the following recipients:

(i) recipients within or connected with the User company;
(ii) third party advisors or service providers of the User;
(iii) public authorities and courts;
(iv) marketplace partners;
(v) subcontractors acting for SELLERMANIA.

SELLERMANIA processes the personal data concerned within the European Economic Area and in India, where SELLERMANIA works with subcontractors who process personal data for the performance of the contract. These subcontractors have signed a commitment to comply with the GDPR.

The User expressly accepts the transmission of his personal data to the recipients listed above.

Users’ personal data will be kept strictly confidential by SELLERMANIA and may only be reused for the purposes for which it was collected and for purposes to which the persons concerned have expressly consented, in compliance with the provisions of the Data Protection Act.

For any other use of Users’ personal data, for purposes other than those mentioned above, SELLERMANIA undertakes to obtain the prior consent of the Users concerned in accordance with the provisions of the Data Protection Act and the GDPR.

18.4 – User Rights

The User has the following rights (subject to the conditions of application described in the legislation in force):

(i) the right to access and rectify or erase any personal data concerning him or her or to restrict the processing concerning him or her;
(ii) the right to data portability;
(iii) the right to lodge a complaint with the appropriate supervisory authority;
(iv) the right to object, free of charge, to the processing of their personal data for direct marketing purposes.

Exercising the right to delete personal data essential to the performance of the contract or withdrawing consent to the use of the same data results in the termination of the contract at the User’s expense.

ARTICLE 19- COOKIES

The User is informed of the use of cookies on the Site.

A cookie is a small file placed on the User’s hard drive that records information relating to their internet browsing (pages viewed, date and time of viewing, etc.) which may be read by SELLERMANIA during subsequent visits by the User. SELLERMANIA undertakes to inform the User of the presence of cookies when this information is required by law, and in particular for cookies used for audience measurement purposes (cookies that are not strictly “technical”).

In this regard, SELLERMANIA undertakes to inform Users, when required by law, and in accordance with the recommendations of the National Commission for Information Technology and Civil Liberties in this area, of such presence of cookies by publishing a banner on its Site:

(i) informing of the presence of cookies;

(ii) specifying the purposes of cookies, the possibility of opposing the use of cookies and changing the settings by clicking on the link in the banner for this purpose.

The User is informed that he can oppose the recording of cookies on his hard drive at any time by modifying the parameters of his Internet browser so that it rejects cookies.
The User is informed that certain functionalities of the Service may not function normally if he rejects cookies.

ARTICLE 20 – NEWSLETTERS

The User has the option to subscribe to SELLERMANIA newsletters by providing their email address and checking the box provided for this purpose on the Site. The User’s email address will be kept by SELLERMANIA for the sole purpose of sending them newsletters, or to communicate with them about the Site and/or the Service, and will under no circumstances be used for purposes not consented to by the latter. The User is informed that they may, at any time, request to unsubscribe from SELLERMANIA newsletters. The User has a right of access and rectification in accordance with the provisions of the aforementioned Data Protection Act.

ARTICLE 21 – CONFIDENTIALITY

In accordance with the provisions of the Data Protection Act and Article 18 hereof, the User is expressly informed that SELLERMANIA reserves the right to communicate to its employees, agents or co-contractors any confidential information relating to the User, if such communication is necessary for the provision of the Service to the User and for the proper performance by SELLERMANIA of its obligations resulting from these T&Cs, it being understood that SELLERMANIA will bring to the attention of these persons the confidential nature of said information.

ARTICLE 22 – OBLIGATIONS OF USERS

22.1 – Acceptance

In accordance with Article 3 hereof, Users undertake to accept these T&Cs and guarantee their full compliance in the context of their use of the Site and/or the Service, as well as the rights of third parties.

22.2 – All conditions

In addition, they undertake to comply with all of the conditions and commitments set out in the contractual documents as defined in Article 26 hereof, as well as any law or regulation in force in France which would be applicable to them in respect of their order and/or their use of the Site.

In particular, they undertake to comply with all the conditions described in the “ADDITIONAL SERVICE CONDITIONS”, and provide the elements necessary for the Configuration of their User Account, in particular (i) provide their product feed according to the terms described, and (ii) respond to emails and requests from SELLERMANIA within the specified timeframes. The User will not be able to claim any reimbursement for Configuration costs, especially if these obligations are not respected.

22.3 – Fees

Upon acceptance of the contractual documents and validation of the order, they undertake to pay the Configuration fees, as well as any price or fees that they are responsible for paying under the Service, in accordance with these terms and conditions.

22.4 – Personal Information

Users are required to provide true, valid, and up-to-date personal and/or personal information (surname, first name, email address, postal address, etc.) and to update it spontaneously with SELLERMANIA when necessary, as soon as possible. They are required to maintain a valid connection of their Sellermania account with all the marketplaces specified in the order form.

Users are solely responsible for the information they provide. They undertake to make a backup copy of all information such as product data, inventory data, prices, stocks, before using the Software, and to perform regular backups.

Any provision of false information or any failure to comply with the obligation to update the information referred to in this article may incur the liability of the User, in accordance with the laws and regulations applicable in France. Any failure to provide true, valid and up-to-date information, or to update this information by the User, may result in the automatic cancellation of the User’s subscription, at the User’s expense.

22.5 – Third Party Rights

When using the Site and/or the Service on the Site, and generally in the context of its relations with SELLERMANIA, the User undertakes not to infringe the rights of third parties. SELLERMANIA cannot be held liable for any breach by the User of these terms and conditions, in particular in the event of infringement of the rights of third parties as a result.

22.6 – Good faith

Users undertake to use the Site and/or the Service and to perform their obligations hereunder in a manner consistent with the principles of good faith and contractual loyalty and refrain from any behavior likely to directly or indirectly harm the reputation, or honor, or image of SELLERMANIA or its employees.

SELLERMANIA reserves the right to take any measures to remedy non-compliance with the T&Cs by Users.
ARTICLE 23 – LIABILITY AND WARRANTY

23.1 – Principle

SELLERMANIA makes its best efforts to provide the Service to the User in accordance with these terms and conditions, being bound in this respect only by a simple obligation of means.

SELLERMANIA provides a service as defined in Article 8, which cannot under any circumstances be considered a management mandate or a delegation contract. SELLERMANIA does not enjoy the autonomy, independence, capacity for assessment or initiative that would give it any agent status, and its role is limited to carrying out the instructions given by the User.
Any claim must be notified to SELLERMANIA by registered letter with acknowledgment of receipt to the contact address indicated herein.

The User acknowledges that he or she is solely responsible for the information he or she provides to SELLERMANIA and for any content he or she distributes online, via the Site or via the Platforms.

23.2 – Technical provision of the Service

As part of providing the Service, SELLERMANIA makes its best efforts to:

(i) ensure the proper functioning of the Site and the Service; and

(ii) protect the personal data of Users that it has collected against any damage, loss, alteration, destruction, intrusion into data systems or any use of this data by unauthorized third parties.

23.3 – Contract concluded with the final consumer

All sales made by the User on the Platforms are concluded directly between the User and the purchasers of these products/services on the Platforms. Therefore, SELLERMANIA is in no way a party to the contract concluded between the User and the purchasers of the products/services offered for sale by the User and cannot be held liable in any way in this regard.

23.4 – Technical Dependence of the Service on Platforms

The User acknowledges that the Service relies on the Platforms, and that its execution depends on the proper technical functioning of the Platforms. Certain technical incidents emanating from the Platforms could make the use of the Service difficult or impossible, or make it unavailable, beyond the control of SELLERMANIA.

The User acknowledges that the Connector provided by SELLERMANIA may conflict with other modules hosted on the User’s website or with the User’s server settings and may not function as expected, beyond the control and control of SELLERMANIA.

Consequently, the latter cannot under any circumstances be held responsible for technical incidents resulting from a malfunction on the Platforms and/or the correct connection of the User Account with these Platforms.

Furthermore, SELLERMANIA merely makes the Software available and provides assistance, enabling the User to transmit their catalog to the Platforms, and cannot be held responsible for any incidents encountered by the User in their relations with the Platforms, such as those resulting from the refusal or non-putting online of certain User references on the Platforms, or any incident relating to the listing of the User’s products/services on the Platforms, provided that this incident does not result from the poor performance by SELLERMANIA of its obligations under these terms.

23.5 – Price fluctuation

SELLERMANIA implements all means at its disposal to ensure that the Service provides the most up-to-date information possible, including monitoring and adjustment of sales prices on the Platforms. However, the User expressly acknowledges and accepts that price information is inherently volatile and, consequently, that the prices offered within the framework of the Service may no longer be up to date at the time the User posts the prices of the products/services online on the Platforms.
SELLERMANIA’s contractual liability for services provided following an order by a User is governed exclusively by these T&Cs.

23.6 – Guarantee of conformity

SELLERMANIA guarantees, subject to use under normal conditions, that the Service and the Software(s) provided in this context comply with the characteristics described herein and with the descriptions and help pages on the Site.

The User acknowledges that given the current state of the art, it is not possible to guarantee that the Service will operate without any major or minor malfunctions or discontinuities, nor that it will meet the User’s performance or result conditions.

SELLERMANIA cannot be held liable under any circumstances if it appears that the User is not using the Service in accordance with its documentation as set out in the help pages on the Site and/or any recommendation from SELLERMANIA.

SELLERMANIA reserves the right to close access to the Site for maintenance reasons, exceptionally and for a limited period, without the User being entitled to any compensation. The User expressly acknowledges being informed of this and accepts in this regard the consequences that this could have on his activity on the Platforms.

Subject to mandatory legal provisions, SELLERMANIA excludes any other guarantee or condition, express or implied, including, in particular, any guarantee or condition of merchantability or suitability of the Service and in particular of the Software(s) provided in this context, to the User’s needs, which only the latter is able to assess.
The User acknowledges that he or she is the only one able to predict and quantify the damage that may be suffered by him or her in the event of difficulty arising in the execution of the T&Cs, the terms and conditions of which (in particular the financial terms) have been established with regard to the limitations and exemptions from liability from which SELLERMANIA benefits. Consequently, the User acknowledges and accepts that it is his or her responsibility to insure himself or herself against all risks that he or she alone deems appropriate in light of his or her particular situation and the terms of the T&Cs.

Consequently, the User expressly accepts that SELLERMANIA and/or its representatives have only limited liability (in accordance with Article 23.1 above) towards him for (1) any indirect damages attributable to the poor performance or non-performance by SELLERMANIA of its obligations hereunder, such as, but not limited to, any loss of profit or income and/or any damage resulting from the impossibility of using all or part of the SERVICE, interruption of activity or other, even if SELLERMANIA or its representatives have been informed of the possibility of such damages, (2) any service or assistance not specifically included in these T&Cs, (3) any damages resulting, directly or indirectly, from the inaccuracy of information resulting from the use of the Service.

Except in cases of proven gross negligence or intentional misconduct, SELLERMANIA’s overall liability to the User under the T&Cs, regardless of the legal basis, may not, where applicable, exceed the amounts already paid by the User for the last monthly payment. Furthermore, the User may not claim compensation in this regard if he/she does not notify his/her claim by registered letter with acknowledgment of receipt to SELLERMANIA within seven (7) days from the occurrence of the event in question.

ARTICLE 24 – FORCE MAJEURE

The Company shall not be liable for the total or partial non-performance of its obligations if this non-performance is caused by an event constituting Force Majeure, such as: any event external to SELLERMANIA of a nature that is both unforeseeable and insurmountable preventing SELLERMANIA and/or one of its employees, agents, service providers, or any other partner, involved in the performance of the Service, from performing all or part of its/their obligations under this Agreement, within the meaning of the French case law of the Court of Cassation in force.
In the event of Force Majeure, the Parties’ obligations under the T&Cs are suspended, without prejudice to SELLERMANIA’s right to terminate the Service at any time. If the Force Majeure event has not disappeared by the end of the contractual term, the subscription shall automatically terminate, unless expressly renewed by either Party.

ARTICLE 25 – MISCELLANEOUS

25.1 – Proof Convention

Without prejudice to the provisions of Article 13 hereof, in the event of a dispute regarding the use of the Service and/or the Site, the User and SELLERMANIA agree that the recordings made by SELLERMANIA’s equipment, and in particular the use of the User’s personal identifiers and passwords, shall constitute valid proof between the Parties. It is expressly agreed that all technical information concerning the User, in particular recordings and statistics, shall be kept and archived by SELLERMANIA, in particular for evidentiary purposes.

25.2 – Entirety

These T&Cs express the entirety of the Parties’ obligations relating to the same subject matter as these T&Cs. The fact that one of the Parties does not assert a breach or failure to perform one of its obligations or any other violation by the other Party of any of its obligations under the T&Cs shall not be interpreted as a waiver of the obligation in question or of the remaining provisions of the T&Cs. Similarly, any delay or omission by one of the Parties in exercising the rights and prerogatives conferred on it under the T&Cs shall not be interpreted as any waiver of the benefit of said rights and prerogatives.

25.3 – Interpretation

In the event of any difficulty of interpretation between one or more titles and one or more provisions of these terms, the titles shall not be taken into account.

25.4 – Partial invalidity

If any of the provisions of this Agreement should prove to be null or inapplicable, it shall be considered unwritten without the validity of the other provisions of this Agreement being called into question, provided however that the general economy of this Agreement is not significantly affected by the deletion of the provision concerned.

25.5 – Assignment

SELLERMANIA reserves the right to assign the T&Cs to any legal entity of its choice without notice.

25.6 – Order Date

The order date is deemed to be that of receipt by SELLERMANIA of the order form sent by the User.

ARTICLE 26 – CONTRACTUAL DOCUMENTS

The Contractual Documents are constituted in a complete, exclusive and exhaustive manner by:

As part of the WeReprice Offer:

  • (i) These T&Cs,
  • (ii) The subscription confirmation email.

As part of other Offers:

  • (i) These T&Cs,
  • (ii) The purchase order,
  • (iii) The Conditions of Additional Services.

ARTICLE 27 – APPLICABLE LAW AND COMPETENT JURISDICTION

These T&Cs and any dispute relating thereto or relating to the use of the Site and/or the Service, in particular any transaction carried out on the Site, to which SELLERMANIA is a party, are subject to French law.

Any dispute relating to this document, to the use of the Site and/or the Service, as mentioned above, and in the absence of an amicable agreement between the parties, shall in principle fall under the jurisdiction of the Commercial Court of Paris.

ARTICLE 28 – CONTACT

For any questions, requests or complaints relating to the Site and/or the Service, the User may contact SELLERMANIA at the following address: support@sellermania.com or at:

SELLERMANIA
10 Rue de Penthièvre
75008 Paris
FRANCE

TEL: +33 01 79 75 53 00

ARTICLE 29 – VERSION OF THE T&Cs

Terms of Service Updated January 21, 2025

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