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Terms of Use

Preamble

These terms of use (hereinafter "the Terms of Use") govern access to and use of the UTOPYA.FR website (hereinafter "the Site"), published by the company UTOPYA (hereinafter "the Publisher"), by any person accessing it, whether or not they hold a customer account (hereinafter "the User").

Mere access to the Site, its consultation or browsing, by any means whatsoever, constitutes full and unreserved acceptance of these Terms of Use. Any User who does not accept the Terms of Use must immediately cease all use of the Site.

The Terms of Use apply without prejudice to the General Terms and Conditions of Sale, which additionally govern the contractual relationship between UTOPYA and its purchasing customers. In the event of a contradiction between the Terms of Use and the General Terms and Conditions of Sale within the framework of a purchasing relationship, the latter shall prevail.

The Publisher may modify these Terms of Use at any time. The applicable Terms of Use are those published online at the time of access to the Site.

Article 1 — Identification of the Publisher

The Site is published by the company UTOPYA, a SAS (simplified joint-stock company) with capital of €100,000, registered with the Paris Trade and Companies Register (RCS) under number 791.460.660, whose registered office is located at 54/56 Avenue Hoche – 75008 Paris.

Contact: support@utopya.fr, or via the "Support" button on the Site, Monday to Friday, from 9am to 1pm and from 2pm to 6pm.

Article 2 — Purpose of the Site and conditions of access

2.1 The Site is a distance-selling platform reserved exclusively for professionals in the repair and sale of telephony, computing, and multimedia products. It is not intended for individual consumers or for professionals operating in a different field of activity.

2.2 Access to certain features of the Site (prices, availability, ordering) is subject to the opening of a customer account, which is subject to the checks and supporting documents set out in the General Terms and Conditions of Sale.

2.3 Access to the Site is provided solely for the purposes of individual and manual consultation of the catalogue and, for account holders, the placing of orders for the needs of their own professional repair or retail resale activity. Any other use is prohibited unless expressly authorized in writing by the Publisher.

2.4 The Publisher reserves the right to restrict, suspend, or prohibit, at any time and without notice, any User's access to the Site, in particular in the event of a breach of these Terms of Use, abnormal browsing behaviour, or a risk to the security or integrity of the Site.

Article 3 — Intellectual property

3.1 All elements comprising the Site, including without limitation texts, product descriptions, technical data sheets, compatibility data, nomenclatures, internal reference numbers, translations, photographs, visuals, logos, trademarks, graphic charters, tree structures, navigation structures, prices, price scales, availability and stock data, as well as the design and code of the Site, are the exclusive property of the company UTOPYA or are used under an operating authorization granted in its favour. These elements are protected under copyright law, trademark law, and the law governing database producers, worldwide.

3.2 Any reproduction, representation, distribution, redistribution, adaptation, or exploitation, in whole or in part, of these elements, by any process whatsoever and on any medium whatsoever, without the Publisher's prior written authorization, is prohibited and constitutes an act of infringement within the meaning of Articles L335-2 et seq. of the French Intellectual Property Code.

3.3 The use of deep links, framing techniques, inline linking, or any technique giving the impression that the Site's content originates from a third party is prohibited without the Publisher's express prior written authorization.

Article 4 — Protection of the database

4.1 The UTOPYA catalogue constitutes a database within the meaning of Article L112-3 of the French Intellectual Property Code, of which UTOPYA is the producer within the meaning of Article L341-1 of the same Code. The creation, verification, and presentation of this database (referencing of tens of thousands of products, technical qualification of compatibilities, multilingual translations, ongoing updating of prices and stock) represent a substantial financial, material, and human investment. UTOPYA accordingly benefits from the sui generis protection provided for in Articles L341-1 to L343-7 of the French Intellectual Property Code, independently of and without prejudice to copyright protection.

4.2 The following are strictly prohibited, in accordance with Articles L342-1 and L342-2 of the French Intellectual Property Code, for any User, whether or not they hold a customer account:

  • the extraction, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the content of the UTOPYA database, on any medium and by any means;
  • the re-utilization, by making available to the public or to third parties, of all or a qualitatively or quantitatively substantial part of the content of the database;
  • the repeated and systematic extraction or re-utilization of even non-substantial parts of the content of the database, where such operations manifestly exceed the conditions of normal use of the Site.

4.3 Violation of these prohibitions is subject to criminal penalties under Article L343-4 of the French Intellectual Property Code (three years' imprisonment and a fine of €300,000, increased to seven years and €750,000 where committed by an organized group).

Article 5 — Prohibition of automated access

5.1 It is strictly prohibited to access the Site, the catalogue, or a customer account by means of any automated device, including but not limited to: robots, crawlers, spiders, scrapers, scripts, browser extensions, automated capture or monitoring tools, software agents, artificial intelligence tools, or systems for the programmatic querying of the Site's pages or data feeds.

5.2 Also prohibited are: the reverse engineering, decompiling, or interception of the Site's internal flows, interfaces, or APIs; the circumvention, neutralization, or removal of any technical protection or access-limitation measure implemented by the Publisher (rate limiting, captcha, session control, IP address blocking, data tagging), such measures being protected under Article L342-3-1 of the French Intellectual Property Code. The Site's robots exclusion protocol (robots.txt file) expresses the Publisher's express objection to any unauthorized automated collection, including under Article L342-3 of the French Intellectual Property Code and any provision relating to text and data mining.

5.3 Any fraudulent access to or continued presence within the Site's automated data processing system, any obstruction of its operation, and any fraudulent extraction of data expose their perpetrator to the penalties provided for in Articles 323-1 to 323-7 of the French Criminal Code (up to five years' imprisonment and a fine of €150,000 for the fraudulent extraction of data).

5.4 Only the use of an official UTOPYA API, within the framework of a written contract signed with the Publisher, may derogate from this article, strictly within the limits of that contract. Indexing of the Site by general-purpose search engines, in compliance with the robots.txt file, remains authorized.

Article 6 — Prohibition on the use of data for commercial purposes

6.1 The Site's and catalogue's data (including in particular reference numbers, designations, descriptions, technical characteristics, compatibilities, visuals, prices, pricing terms, and availability) are made available solely for consultation purposes and, where applicable, for placing orders. Any use of this data for other commercial purposes is accordingly strictly prohibited, and in particular:

  • feeding, enriching, or synchronizing any third-party software: CRM, ERP, point-of-sale or till software, workshop management software, comparison tool, aggregator, specialized search engine, or marketplace;
  • the creation, resale, rental, licensing, exchange, or making available to third parties, whether free of charge or for payment, of any catalogue, file, database, or data extract derived in whole or in part from the Site;
  • automated price or competitive monitoring, on the User's own behalf or on behalf of third parties;
  • the training, fine-tuning, or feeding of any artificial intelligence model or machine learning system;
  • any use by a software publisher, an IT service provider, or a direct or indirect competitor of UTOPYA.

6.2 Such conduct further constitutes acts of unfair competition and economic free-riding (parasitisme), engaging the liability of their perpetrator on the basis of Article 1240 of the French Civil Code, insofar as it enables the perpetrator to unduly profit from UTOPYA's investments without bearing their cost.

6.3 It is also prohibited to acquire, use, or exploit, directly or indirectly, any file, catalogue, or database that the User knows or cannot reasonably be unaware originates from an unlawful extraction of the UTOPYA database. Such knowing use constitutes an act of receiving stolen goods (recel) and of economic free-riding.

Article 7 — Login credentials and accounts

7.1 Login credentials are strictly personal to the company holding the account. It is prohibited to disclose, lend, transfer, or make them available to any third party, and in particular to any software publisher, IT service provider, integrator, or service company, for purposes of automated access or data collection.

7.2 The account holder remains fully liable for any use of the Site made by means of its credentials, including by a third party, an employee, or a service provider.

7.3 The opening or use of an account, even partially, for purposes of collecting data on behalf of a third party or for a use prohibited by these Terms of Use constitutes fraudulent conduct justifying the immediate closure of the account, without prejudice to the other penalties provided for herein and in the General Terms and Conditions of Sale.

Article 8 — Tagging and evidentiary mechanisms

8.1 The User is informed that the Publisher inserts into its database tagging and traceability elements (including in particular control reference numbers, digital fingerprints, and distinctive editorial variations) enabling the origin of any extraction or re-utilization to be established.

8.2 The User acknowledges and accepts that the time-stamped log files of the Publisher's servers, connection records, request volume measurements, and the presence of the tagging elements referred to above within data used by a third party constitute admissible and reliable means of evidence, capable of establishing the occurrence of breaches of these Terms of Use. The Publisher may further have any breach recorded by a judicial officer (commissaire de justice).

Article 9 — Penalties

9.1 Any breach of Articles 3 to 7 of these Terms of Use exposes its perpetrator, without prejudice to applicable criminal penalties and to full compensation for the harm suffered by the Publisher, to:

  • the immediate blocking of its access to the Site, by any technical means, without notice;
  • if it holds a customer account, the immediate and permanent closure of that account under the conditions provided for in the General Terms and Conditions of Sale, as well as the penalty clause stipulated therein;
  • any injunctive action, whether summary or on the merits, as well as the infringement seizure (saisie-contrefaçon) procedure provided for in Article L343-1 of the French Intellectual Property Code.

9.2 The Publisher reserves the right to report any act potentially subject to criminal characterization to the competent authorities and to disclose the identifying information in its possession within the framework of any requisition or proceeding.

Article 10 — Availability of the Site and liability

10.1 The Publisher endeavours to ensure the accessibility of the Site but is not bound by any obligation of permanent availability. Access may be interrupted at any time, in particular for maintenance, updates, or for any technical or security reason, without the Publisher's liability being engaged.

10.2 The information published on the Site (descriptions, visuals, availability, prices) is provided for indicative purposes only outside of the order-placing process and may be modified at any time. Only the General Terms and Conditions of Sale govern the contractual commitments relating to orders.

10.3 The Publisher shall not be liable for any direct or indirect damages resulting from the use of the Site, the inability to access it, or the use of third-party sites accessible via hyperlinks from the Site.

Article 11 — Personal data and cookies

11.1 Personal data collected in connection with browsing on the Site and the use of its services is processed as described in the Privacy Policy accessible on the Site.

11.2 The User may exercise their rights of access, rectification, erasure, objection, restriction, and portability under the conditions specified in the Privacy Policy, by contacting the data protection representative at support@utopya.fr.

11.3 The User is informed of the use of cookies and trackers under the conditions described in the Privacy Policy and the Site's cookie management banner. Certain technical mechanisms used by the Site also contribute to security and to the detection of unauthorized automated access.

Article 12 — Governing law and jurisdiction

12.1 These Terms of Use are governed by French law.

12.2 Any dispute relating to their validity, interpretation, performance, or breach, including any dispute of a tortious or quasi-tortious nature relating to the use of the Site, to the extraction or re-utilization of data, to infringement, or to acts of unfair competition and economic free-riding, shall be submitted to the jurisdiction of the Paris Commercial Court, the Publisher reserving the right to bring proceedings before the court with territorial jurisdiction over the User's registered office, and subject to the rules of exclusive jurisdiction of public policy, in particular those conferring jurisdiction on certain courts in intellectual property matters.

12.3 The fact that the Publisher does not, at any given time, avail itself of any of the provisions hereof shall not be construed as a waiver of its right to avail itself of them thereafter.

Article 13 — Language

13.1 These Terms of Use are drafted in the French language. Translations may be made available for convenience only. In the event of any discrepancy, contradiction, or difficulty of interpretation between the French version and any of its translations, the French version alone shall prevail and shall alone be authoritative.