1. DEFINITIONS

In these Platform Trading Conditions, the following terms have the following meanings:

• "Customer" refers to the Seller's co-contractor, who guarantees to be a consumer under French law and jurisprudence. It is expressly stated in this regard that the Customer is acting outside of any usual or commercial activity.

• "Order": A Customer's purchase of Products from the Seller on the Site.

• "General Conditions of Use" or "GCU": refers to the current contractual conditions made available on the Site's homepage in order to govern any User's use of the Site.

• "General Terms and Conditions of Sale"or "GTC":refers to the contractual terms and conditions governing the Seller's sale of the Product via the Site.

• Customer Area" refers to the interface that allows the Customer to access his personal area, which groups all of the data provided. The Identifiers are used to gain access to the Customer Area.

• "Product Sheet" refers to the page that presents the commercial offer for a Product. The Product Sheet is typically made up of one or more photographs of the Product, the price, the Product's characteristics, and all legally required information.

• "Identifiers" refer to the Customer's email address and password, which are required in order to access their Customer Area on the Platform.

• In the plural, "Parties" refers to both the Customer and the Seller. Refers to one of the two Parties in the singular.

• "Product": All Products available on the Site are referred to as "Products."

• "User": Any person browsing the Site, whether a Customer or an ordinary Internet user, is referred to as a "User."

• "Seller" refers to the company DDAH Kickz, which is a simplified joint stock company.

2. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

The use of the Site implies acceptance of the current Terms of Service.

As a result, when accessing the Site, the User agrees to carefully read these General Conditions of Use and is encouraged to download, print, and keep a copy of them.

It is specified that these GTU are referenced by a hypertext link at the bottom of each page of the Site and can thus be consulted at any time.

The applicable version is the one that is available on the Site on the day the User visits it.

As a result, all Users must refer to the version that is available online on the date they access and use the Site.

The User is expressly informed that the only authentic version of the GTU is the one available on the Site, which he acknowledges and accepts unconditionally, undertaking to refer to it systematically at each connection.

3. TECHNICAL SPECIFICATIONS

By using the DDAH Kickz Site, the User acknowledges that he/she possesses the necessary means and skills to use the proposed functionalities.

The User is responsible for the equipment needed to access and use the Site, as well as any telecommunications costs incurred as a result of their use.

4. CONDITIONS OF ACCESS AND REGISTRATION

Any User may visit the Site and look over the Products offered.

To become a Customer, the User must first create a Customer Space on the Site. The creation of a Customer Space entitles the Customer to additional Services, as described in article 5.2.

4.1. Registration as a Customer

 

To create a Customer Space, the User must first fill out the registration form.

The User who wishes to become a Client agrees to provide DDAH Kickz with accurate, loyal, and up-to-date information that does not infringe in any way on the rights of third parties, and to communicate to DDAH KKickz any necessary updates to the information provided during registration.

Finally, before completing his/her registration, the User must validate the current GTC.

The Customer Identifiers are the e-mail address and password.

The Client agrees to limit the number of Client Spaces on the Site to one. DDAH Kickz disclaims all liability for any negative consequences that may arise from the use of multiple Client Spaces for a single Client.

The User is solely responsible for the accuracy and upkeep of the information communicated in the context of the creation and management of his Customer Space.

4.2. Identifiers

 

The user's username and password can be changed online in his personal space.

The Customer is solely liable for the use of his Identifiers and any actions taken via his Customer Area.

If a Client discloses or uses his Identifiers in a manner that is not intended, DDAH Kickz may delete the Client Space without notice or compensation.

In no event shall DDAH Kickz be held liable for the usurpation of a Client's identity. Insofar as DDAH Kickz is not obligated and does not have the technical means to ensure the identity of persons accessing the Site from a Client Space, any access and action carried out from that Client Space will be presumed to be carried out by that Client.

Any loss, misappropriation, or unauthorized use of a Client's Identifiers and their consequences are solely the responsibility of the Client, who must immediately notify DDAH Kikcz via email to info@ddahkickz.com so that DDAH Kickz can proceed with the reinitialization of the User account.

 

4.3.De-registration of the Customer

Each User may terminate his Client Space at any time by emailing DDAH Kickz at info@ddahkickz.com.

DDAH Kickz will deactivate the Client Space as soon as possible and will send the Client an email confirming the Client Space's closure and the permanent deletion of all its elements from the Site.

5. SERVICES

5.1. Services offered to all Users

Any User may use the Site and its various functions for free.

The primary service provided by DDAH Kickz is the ability for any User to consult the Products listed by category and purchase them from the Seller.

The Site also allows Users to be notified when new Products are released and to sell their own Products.

5.1.1. Presentation of the Products

On the Site's home page, the User can access the Products presented by DDAH Kickz.

DDAH Kickz appears on the homepage as follows:

• Products most popular;
• Products recently viewed by the user;
• Products most popular;
• Products selected and promoted by DDAH Kickz;
  
  

5.1.2. Search by category

The User will have access to the various Product divisions (New Products, brand/model).

5.1.3. Search by the search engine

The User may use the search engine to look for a Product.

In this case, the results corresponding to the User's search will be presented by default to the User according to a criterion of relevance determined as follows: priority is given to Products whose title, description and product sheet contain the most links to the keywords used by the User.

5.1.4. Presentation of forthcoming products 

The User can look at the upcoming Products that the Seller will be selling.

By accessing the Product of his/her choice, the User may notify the Seller that he/she wishes to be notified when the Product is made available for purchase. The User is then required to provide the Seller with his or her email address.

 

5.1.5. Want to Buy" service

 

DDAH Kickz may also purchase the User's Products.

The User is invited to enter the details of the Product he/she wishes to sell (model, size, price) as well as his/her contact information. If the User expresses an interest in purchasing the Product for sale, the Seller will contact him or her.

If the User wishes to sell multiple Products, he or she should contact the Seller at info@ddahkickz.com and communicate the characteristics of the Products to be sold.

The User can gain access to all of the Products that the Seller is looking to purchase as soon as possible at the following address.

 

5.1.6. Product orders

All Users, regardless of whether they have a Customer Space on the Site, shall be able to place an Order for a Product offered by the Seller via the Site.

Any Product Order will be governed by the Site's Terms and Conditions.

When purchasing a Product, users who do not wish to create a Customer Area will be asked to provide their contact information.

The User is then notified via e-mail that his/her Order is being processed.

5.2. Additional services Customer area

The User who has created a Customer Area has access to additional services, specifically

• Order tracking and access to the history of previous orders;
• Access to invoices for previous Orders;
• Its address book is managed, allowing it to add different delivery addresses.
• Product Availability Viewed recently.

6. OBLIGATIONS OF THE PARTIES

6.1. Obligations of Users

When using the Site, each User agrees not to disrupt public order and to comply with all applicable laws and regulations, as well as to respect third-party rights and the provisions of these General Conditions of Use.

Every User is required to:

• To act loyally and as a good father toward DDAH Kickz and third parties;
• Be truthful and sincere when providing information to DDAH Kickz and, if applicable, third-party Users.
• Use the Site only for the purposes described in these TOS.
• Not to use the Site to commit crimes, offenses, or violations punishable by the Penal Code or any other law;
• Respect third-party privacy and the confidentiality of exchanges;
• Respect DDAH Kickz's intellectual property rights in relation to the Site's elements and, where applicable, the intellectual property rights of other Users.
• Not to attempt to undermine the Site's automated data processing systems;
• Do not change any of the information posted online by DDAH Kikcz or another User.
• Not to use the Site to send unsolicited mass messages (advertising or otherwise); not to disseminate data that would degrade, disrupt, slow down, or interrupt the Site's normal operation.

 

7.2. Obligations of DDAH Kickz

The general obligation of DDAH Kickz is an obligation of means. DDAH Kickz has no result or reinforcement obligation of any kind.

DDAH Kickz commits to doing everything possible to ensure continuous access and use of the Platform seven days a week, twenty-four hours a day.

However, DDAH Kickz draws users' attention to the fact that current Internet communication protocols do not allow for the certainty and continuity of electronic exchanges (messages, documents, identity of the sender or the recipient).

8.RESPONSIBILITY

The Operator specifically declines all responsibility:

• In the event that access to the Site is temporarily unavailable due to technical maintenance or the updating of published information.
• The Users acknowledge that DDAH Kickz cannot be held liable in the event of transmission network malfunction or interruption;
• Virus attacks, unlawful intrusion into an automated data processing system; abnormal use or illicit exploitation of the Site by a User or a third party;
• The content of third-party websites to which hyperlinks on the Platform refer.
• Regarding the content of third-party websites referred to by hyperlinks on the Platform;
• In the event that Users are found to be in violation of these GCU;
• In the event of DDAH Kickz's delay or non-performance of its obligations, when the cause of the delay or non-performance is a case of force majeure as defined in Article 8 of these GCU; In the event of an external cause not attributable to DDAH Kickz;

In the event of abnormal or illegal use of the Platform, the User is solely liable for any damage caused to third parties as well as the consequences of any claims or actions that may result.

The User is also made aware of the risks associated with using the Internet, particularly the lack of security in data transmission and the unpredictability of access to the Site and its contents. Under no circumstances shall DDAH Kickz be held liable for these risks and their consequences, which may be detrimental to the User in any way.

9. FORCE MAJEURE

DDAH Kickz will not be held liable if one of its obligations described in the current TOS is not performed or is delayed due to a case of force majeure.

The parties expressly consider force majeure to exist when an event beyond the debtor's control, which could not reasonably be foreseen upon acceptance of the TOU and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the event is temporary, the case of force majeure suspends the party's obligations during the time when force majeure will be played. Nonetheless, the parties will make every effort to limit the consequences as much as possible.

Failing this, if the impediment is definitive, the contract shall be terminated ipso jure and the Parties shall be released from their obligations under the conditions provided.

In this regard, DDAH Kickz cannot be held liable in particular in the event of a hacker attack, unavailability of materials, supplies, spare parts, personal or other equipment; and interruption, suspension, reduction, or disruption of electricity or other or any other interruption of electronic communication networks, as well as any circumstance or event occurring after the conclusion of the GCU and preventing its exclusion.

It is expressly stated that in such a case, the User may not seek compensation and may not file any legal action against DDAH Kickz.

If one of the aforementioned events occurs, DDAH Kickz will make every effort to notify the User as soon as possible.

10. INTELLECTUAL PROPERTY

The User acknowledges DDAH Kickz's intellectual property rights on the Site, its components, and related content and waives any right to contest these rights in any way.

The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions, and texts, as well as any other content on the Site, are the sole intellectual property of DDAH Kikcz and may not be reproduced, used, or represented without express permission.

Any reproduction, distribution, or representation of the Site and its contents, in whole or in part, by any means, without the prior express permission of DDAH Kikcz is prohibited and will constitute an infringement.

DDAH Kickz, in particular, expressly prohibits:

• The extraction, by any means and in any form, of all or a qualitatively or quantitatively significant portion of the Site or its content onto another medium, whether permanent or temporary;
• Reuse, in any form, by making available to the public all or a qualitatively or quantitatively significant portion of the Site or its Content;
• Reproduction, extraction, or reuse of content (photographs, descriptions, etc...) published by DDAH Kickz by any means, including scrapping.

Nothing in the TOS should be interpreted as an assignment of intellectual property rights, either implicitly or explicitly.

Acceptance of these GTUs implies acceptance of DAAH Kickz's intellectual property rights and a commitment to respect them by the Users.

DDAH Kickz grants Users a personal, non-exclusive, and non-transferable license to use the Site and the information contained within it in accordance with these TOU.

Any other use of the Site and its contents is not covered by this DDAH Kickz.

11. PROTECTION OF MINORS

Minors under the age of 18 may place Orders on the Site with the express prior consent of their legal representatives, who may be asked to provide proof of age at any time.

Legal representatives are responsible for monitoring minors in their care's use of the Site.

12. PERSONAL DATA

DDAH Kickz is likely to collect personal data as part of the Site's operation.

This data is required for the management of the Site and the processing of the Order, as well as to send the User newsletters if he has expressly chosen this option, unless he no longer wishes to receive such communications from DDAH Kickz. DDAH Kickz will keep this data confidential for the purposes of the contract, its execution, and compliance with the law for a period of three years from the end of the commercial relationship if you are a client, or from your last contact if you are not yet a client.

The data may be communicated to service providers in whole or in part.

In this regard, the User is invited to consult the DDAH Kickz Privacy Policy, which is available at https://ddahkickz.com/pages/privacy-policy and will provide him with all information relating to the protection of personal data and the processing carried out via the Site.

Users whose personal data is processed are reminded that they have the right to access, rectify, update, portability, and delete information about them, as well as the right to limit processing, as outlined in Articles 15, 16, 17, and 18 of the European General Regulation on the Protection of Individuals (RGPD).

13. AGREEMENT ON EVIDENCE

The Parties agree to treat messages received by fax or electronic means, as well as electronic documents exchanged between them, as original writings, with the same value as the original.

14. CUSTOMER SERVICE

Any questions or complaints about the Site's use or operation should be directed to the following address:

• By e-mail to the following address info@ddahkickz.com.

15. VALIDITY OF THE GGU

If any of the provisions of these GCU are declared null and void due to an existing legislative or regulatory provision and/or a res judicata court decision, it shall be deemed unwritten but shall have no effect on the validity of the other clauses, which shall remain fully applicable.

Such a change or decision does not give Users permission to disregard these General Terms and Conditions.

16. AMENDMENT OF THE GCUS

The current GTC apply to all Users who visit the Site.

DDAH Kickz reserves the right to modify and update the TOU at any time, particularly to reflect legislative or regulatory changes.

Any changes to the current Terms of Service will be communicated to users.

The TOU in effect at the time of browsing the Site are the ones that apply.

17. GENERAL PROVISIONS

The failure of one of the Parties to demand the application of any clause of these GCU, whether permanently or temporarily, shall not be construed as a waiver of that clause.

If any of the headings at the beginning of the clauses and any of the clauses are difficult to interpret, the headings shall be declared non-existent.

18. APPLICABLE LAW AND JURISDICTION 

The GCU is governed by Bulgarian law. Any disputes concerning the validity, application, or interpretation of the GCU must be brought before the competent courts under common law.

However, before contacting an arbitrator or a state judge, the Customer is encouraged to contact the Seller's complaints department.

If no agreement is reached, or if the Customer demonstrates that he has previously attempted to resolve his dispute directly with the Seller through a written complaint, an optional mediation procedure will be proposed in order to reach an amicable agreement in the event of any dispute relating to this contract, including one concerning its validity.

 

The party wishing to initiate the mediation process must first notify the other party in writing, via registered letter with acknowledgement of receipt, identifying the elements of the conflict.

Because mediation is optional, either the Customer or the Seller may opt out at any time.

If mediation fails or is not contemplated, the dispute that may have given rise to mediation shall be referred to the above-mentioned competent court.