Terms of service

Version française des Conditions Générales d’Utilisation : CGU_FR_25082020

We invite each user visiting this IDOLWEAR site to read all of the terms of use of the latter. Each user will be deemed to have carefully read and understood the rights and obligations resulting therefrom.

This use of the IDOLWEAR site is therefore subject to acceptance and unreserved compliance with the provisions listed herein Terms of Service, as well as in Payment Service Provider Conditions.

Consequently, approval of all of these conditions is mandatory before opening an account or carrying out an act of purchase on the IDOLWEAR site. The user is also informed of his rights relating to the protection of his personal data and the use of our cookies within the framework of our Privacy policy.

I. INTRODUCTION

The IDOLWEAR online sales site (hereinafter the « Site ») is managed by the company IDOLWEAR (hereinafter « IDOLWEAR »), a simplified joint stock company with a capital of 10.000 euros, whose registered office is located at 166 avenue du Maréchal de Lattre de Tassigny, 94120 Fontenay sous-bois, France, registered with the Trade and Companies Register of Créteil under number 847 798 816, Telephone : 06.81.57.23.31 (Non-surcharged number) – Email: hello@idolwear.com , intracommunity VAT number FR 06 847798816.

We undertake to ensure that the processing of personal data recorded via the Site complies with General Data Protection Regulation (GDPR) and the Data Protection Act. (More details on the page Privacy policy)

Acceptance of these terms authorizes IDOLWEAR to put its users in touch with each other in order to ensure the operations carried out on the Site according to the terms below.

IDOLWEAR therefore acts as an intermediary and cannot be held responsible for any disputes that may arise between them. However, IDOLWEAR will do its best to resolve any possible difficulties.

The present Terms of Service thus serve to govern relations between users of the Site.

II. DEFINITIONS

Billing mandate : means the mandate (available here) concluded between the Member and IDOLWEAR under the terms of which the Member agrees to entrust IDOLWEAR, in compliance with the applicable rules, with the establishment and issuance of its invoices relating to the Collaborations carried out for its Brands via the Site.

Brand : means any legal or natural person, using the Site for strictly professional purposes, with a view to entering into contact or being put in contact with one or more Member(s) in order to entrust him (them) with carrying out a Collaboration.

Collaboration : refers to the service provided by a Brand to a Member.

Content : refers to all comments, messages or information of any kind (text, image, video, comment, brand, company name, etc.), posted by a User on the Site.

Electronic wallet : refers to the payment solution allowing Members to receive electronic money when using the Site. This Electronic wallet operates in accordance with these Terms of Service, as well as Payment Service Provider Conditions.

Member : refers to the service provider, natural or legal person, having either a SIRET number and registered in the Trade and Companies Register, the Trades Directory, the Maison des Artistes, the AGESSA, having the status of solde trader either working as a self-employed person under legal conditions from France or abroad and who offers his services to Brands via the Site.

Services : refers to all the services provided by IDOLWEAR on its Site and in particular that of connecting Members and Brands, providing means of payment, drawing up and issuing quotes and invoices in the name and on behalf of Members, as well as support for the Brand in the search and selection of Members for the realization of Collaborations.

Site : refers to this web platform, property of IDOLWEAR.

Social networks : refers to the accounts from which the User benefits on the Facebook, Instagram, Youtube, Twitter, TikTok, Pinterest, etc. platforms, and which he could use to promote his services offered via the Site.

User : refers to any natural person of full age and legally capable, as well as any legal person, resident or registered in a member state of the European Union or in a state party to the agreement relating to the European Economic Area or in a third country imposing equivalent obligations in terms of the fight against money laundering and terrorist financing, likely to make use of the Site.

Visitor : refers to any Internet user visiting the Site without necessarily having an account.

III. OBJECT

3.1 These Terms of Service are intended to define the relationships through which Users or Visitors are authorized to use the Site. Depending on their respective quality, they will not have the same access to the different areas and Services of the Site.

For all requests relating to the use of this Site, Users or Visitors can contact IDOLWEAR by email at support@idolwear.com or via the form Contact us.

3.2 The Site allows the conclusion of sales contracts for the provision of services between Users. In general, the Users are the sole decision-makers for the realization of deeds of purchase and deeds of sale, IDOLWEAR only observing them and facilitating payments and relations between them.

3.3 As specified in the definition of the term « User », they must be of legal age and capable in the legal sense. Minors wishing to use the platform can only do so under the responsibility of their legal guardian who will register for them.

3.4 Members are exclusively professionals. Indeed, this quality is required when it comes to making profits on a regular basis (Article L. 121-1 of the French Commercial Code : « are traders those who carry out acts of commerce and make it their usual profession»).

3.5 In the context of a Collaboration, the Member and the Brand agree on the terms of the service and on its price. Under Article 1583 of the French Civil Code, an agreement on the object and on the price, makes the sale perfect between the parties.

The initiative of the Collaboration can come from the Member or the Brand. Upon agreement between them, the Brand is invited to make the corresponding payment via the Site.

3.6 Members authorize IDOLWEAR to collect their payment in their name and on their behalf. Thus, the use of this Site requires the acceptance of Payment Service Provider Conditions.

3.7 As soon as a payment is validated, IDOLWEAR allocates to the Member the amount due to him through his Electronic wallet.

The credited amount is visible on his Electronic wallet, then becomes transferable to his bank account after 30 days, or upon validation by the Brand or by IDOLWEAR. This period allows the Brand in particular to ensure the successful completion of the Collaboration and to resolve any possible complaint concerning the provision of the service.

IV. REGISTRATION ON THE SITE

4.1 To appear on the IDOLWEAR Site and thus carry out Collaborations, the service provider must create a free account and thus become a Member.

4.2 A Brand can request Collaborations on the IDOLWEAR Site without necessarily having to register. However, some Services such as the possibility of submitting a project, accessing certain profiles or extended statistics, are only accessible by registering on the Site.

4.3 IDOLWEAR is entitled to refuse the creation of a Member account as a Brand account without this refusal giving rise to the right to the payment of any compensation or giving rise to the right to justification.

4.4 The User must be at least 18 years old and be legally able to contract and use the Site in accordance with these Terms of Service. The User is required to provide exact information that he undertakes to update immediately in the event of any changes.

Access to the created account is protected by a username and password chosen by the User when registering. The User is solely responsible for any use that may be made of his username and password, but also sole guarantor of their confidentiality, as well as any use of his account.

4.5 By registering as a Member, the latter agrees to conclude a Billing mandate with IDOLWEAR. He is also required to complete and download on the Site all the compliance documents required in order to meet the legal obligations in force as well as the rules of transparency, in particular in the context of the obligation of vigilance or to avoid any fraud.

If the Member provides false, inaccurate, out of date or incomplete information, IDOLWEAR would be entitled to suspend or proceed with the final closure of his account and to deny him any access to the Services.

4.6 With regard to Users located outside France, they are similarly required to comply with all the rules incumbent on them under the legislation applicable to their status in their country of residence, as well as the obligations arising from this Site.

4.7 Any User can unsubscribe at any time from the Site, which results in the deletion of their personal information.

4.8 To be listed as a Member on the Site, the latter is required to provide exact and complete information on his profile page and to update it.

The IDOLWEAR Site being a local platform, the User agrees to indicate as the main area of ​​activity, the country where he is registered and his usual place of residence.

V. HOW IDOLWEAR WORKS

5.1 The Site allows in particular a digital connection between Members and Brands, the establishment and issuance of quotes relating to Collaborations in negotiation between Users, the provision of means of payment aimed at securing the stages of a Collaboration, establishment and issuance of invoices relating to Collaborations negotiated, in the name and on behalf of Members.

5.2 The Additional Services for « premium » Brands include a set of dedicated services described in more detail on the page Agency and in particular tailor-made support for Member research purposes, the provision of publications and information relating to the fashion and marketing sectors, as well as additional payment options.

5.3 Users come into contact via the Site. Anyone can establish a Collaboration proposal for a User using the tools made available on the Site.

5.4 If agreed, a secure payment link is automatically generated and sent to the Brand. As soon as the payment has been made, the Collaboration is definitively validated. An invoice is immediately sent to the Brand, generated by IDOLWEAR in the name and on behalf of the Member on the basis of the information provided by the latter.

In this sense, the Member must communicate to IDOLWEAR all the information or other legal mentions that must appear therein in accordance with his legal obligations, and as provided for by the Billing Mandate.

VI. ACCESS TO DIFFERENT SERVICES

6.1 The Site presents various Services, some of which are accessible by being an unregistered User, others by being a Brand or even a premium Brand, and some by being a Member.

6.2 The User is solely responsible for the proper functioning of his computer equipment and the internet connection allowing him access to the Site and its Services.

The Site is accessible 7 days a week and 24 hours a day, including Sundays and public holidays, excluding maintenance periods aimed at improving its functionality.

6.3 IDOLWEAR reserves the right, without notice or compensation, to temporarily or permanently block the Site or access to one or more Services in order to update, evolve or change the operation, servers and slots opening, without this list being restrictive.

6.4 IDOLWEAR reserves the right to make to the Site and the Services all the changes and developments that it deems necessary in order to improve their functioning.

6.5 The Site is reserved for direct customers and may not be used by intermediaries acting on behalf of another customer, unless expressly agreed. In the event of a breach of this obligation, IDOLWEAR reserves the right to limit access to its Services, whether by reducing the possibility of contacting Members on the platform or of using certain functions, in order to put an end to this unfair competition.

VII. PRICING AND PAYMENT SOLUTIONS

7.1 The Member pays a commission to IDOLWEAR, calculated on the basis of a percentage of the net price of the Collaboration, i.e. all taxes included. This commission is deducted directly from the amount paid to the Member by the Brand.

7.2 The amount of the commission is set between 5 and 15% net of the net price of the Collaboration, depending on whether it is initiated by the Member or by IDOLWEAR. This commission includes the costs of using the payment solution.

7.3 Payment by the Brand of the amount of the Collaboration is made by bank card via the Mangopay secure solution.

7.4 Users contract directly with MangoPay with regard to the payment system, and declare that they accept the Payment Service Provider Conditions.

7.5 IDOLWEAR offers premium Brands additional services, the specific pricing of which is available on request at the following address : support@idolwear.com

 

VIII. USER EVALUATION

8.1 At the end of each Collaboration, Brands are invited to evaluate the service provided by the Member and give him a recommendation. The evaluation and the recommendation will be visible on the Member’s profile, which may however hide the recommendation.

8.2 Evaluations and recommendations must be based on objective elements and should not include exaggerated, offensive or insulting terms. In such a case, IDOLWEAR reserves the right to erase the offending Content.

IX. DISPUTE RESOLUTION

9.1 If by mutual agreement, the Brand and the Member decide to cancel a Collaboration that would have been paid, the Member will reimburse the amount of the Collaboration himself via his account, within 7 days.

The IDOLWEAR commission paid by the Member will also be automatically canceled.

9.2 In the event of disagreement between the Brand and the Member on the quality of a Paid Collaboration, the latter undertake to inform IDOLWEAR by means of the customer service and to make their best efforts to discuss and find an amicable solution within 45 days.

IDOLWEAR may intervene in order to find a solution that is fair to the parties.

X. COMMITMENTS OF EACH USER

10.1 The User undertakes to access and use the Site and the Services in accordance with the laws in force and these Terms of Service.

10.2 The User agrees that IDOLWEAR may take cognizance of any Content published or exchanged on the Site, and may intervene in order to moderate them or even delete them in the event of abuse.

10.3 The User undertakes to complete all the declarations and formalities necessary for his activity, as well as to meet all his social, fiscal, administrative and legal obligations, and more generally to all the responsibilities incumbent on him within the framework of the exercise of its activity or the use of this Site.

Also, the User undertakes to send IDOLWEAR at first request any documentary evidence attesting to compliance with the aforementioned obligations. The User is solely responsible for the proper completion of the formalities stated and the responsibility of IDOLWEAR can not be engaged in this respect.

10.4 The User undertakes to use the Site with loyalty, in particular not to circumvent the Site and its Services. Thus, once a User becomes aware of a Collaboration through the Site, he undertakes not to exchange or enter into a contract with the other party other than through the Site, for a few reasons. Consequently, if IDOLWEAR discovered that a Customer entrusts the performance of any Collaboration to a Member with whom he was in contact on the Site and by a means other than the Site, the Users will each be liable for the loss of income of IDOLWEAR such as as provided for in Article VII hereof (Pricing and payment solutions), and will compensate IDOLWEAR for the commissions due to it, as well as a penalty corresponding to 100% excluding tax of the price paid by the Customer for the realization of the Collaboration contracted outside the Site, notwithstanding any damages to which IDOLWEAR could claim.

10.5 The User undertakes to offer a serious Collaboration offer corresponding to the market and sufficiently detailed. To this end, the Site provides on its page Resources, a slide show of generally observed practices.

Anyone can add any additional information to the Collaboration offer so that no one is misled. If the Brand has made an error in the description of the Collaboration that he has submitted to the Member, he is solely responsible for assuming the consequences.

10.6 The Brand likewise renounces using the Site and its Services in order to promote its activity other than through the proposed Collaboration system. Thus, he undertakes in particular not to send spam to Users of the Site or to canvass them.

10.7 The Brand acknowledges that the acceptance of a Collaboration via the Site constitutes receipt and irrevocable payment order for the benefit of the Member. By accepting it, the Brand declares the Collaboration valid.

10.8 Each user undertakes to maintain strict confidentiality of the exchanges and information of a private nature which he would have had via the Site. Users are particularly prohibited from sharing in any way, whether privately or on social networks, any message, information or extract of a conversation from the Site’s messaging service.

XI. RESPONSIBILITIES OF USERS

11.1 The User is solely responsible for the direct or indirect damage that he is likely to suffer as a result of false, incomplete or misleading information that he indicates during his registration or purchase, or in the absence of updating his information, for which he alone assumes the consequences.

He agrees that any notification hereunder may be served on him via the email address indicated when creating his profile or purchasing on the Site.

11.2 The User is solely responsible for the Content he decides to put online on the Site, IDOLWEAR not checking any Content before it is put online.

The User expressly refrains from posting any abusive, defamatory, denigrating, slanderous, racist, xenophobic, contrary to morality and good morals, infringing content, infringing public order or the rights of third parties, likely to infringe infringement of the rights, reputation and image of IDOLWEAR and more generally, the content of which would violate the law or regulations in force.

11.3 The Brand is solely responsible for the description of the Collaboration for which he requests a price proposal from the Member(s).

11.4 The User is solely responsible for the conclusion and execution of contracts relating to a Collaboration that he concludes with another User through the Site, the role of IDOLWEAR being limited to putting them in touch and ensuring technical support. The conclusion and execution of these contracts intervening directly between Users, take place at the initiative and under the exclusive responsibility of the latter.

11.5 The User agrees that the technical solution made available by IDOLWEAR does not exempt him from any responsibility for his own obligations. Also, he acknowledges that he retains full responsibility for his legal and fiscal obligations in terms of invoicing under the original and / or corrective invoices issued in his name and on his behalf via the Site, in particular with regard to his reporting obligations. and VAT payment, in accordance with the Billing mandate.

11.6 IDOLWEAR provides Users with a web solution allowing them to enter into contact for the purpose of concluding a service contract through the Site. Its responsibility is limited to the provision of this solution, as described herein, and to bringing Users into contact with each other.

11.7 IDOLWEAR and the User are independent parties, each acting in his personal name and for his own account. Thus, IDOLWEAR does not enter into any contract in the name and / or on behalf of a Member or a Brand, the latter contracting directly with each other through the Site.

Consequently, IDOLWEAR can in no case be considered in particular as employee / employer or agent of a User. There is therefore no relationship of subordination, and in particular of an employee / employer or agent nature, between IDOLWEAR and a User.

11.8 IDOLWEAR is not a party in any capacity whatsoever to the Collaborations concluded between Users, the latter are solely responsible for the problems, requests and disputes that may arise therefrom. Consequently, each User releases IDOLWEAR from any responsibility as to the direct or indirect consequences resulting directly or indirectly from the establishment of contact, the conclusion and / or the execution of a Collaboration with another User.

11.9 IDOLWEAR undertakes to implement the necessary means to provide its Services within the framework of an obligation of means only, and not that of an obligation of results. No guarantee is provided by IDOLWEAR, other than the Site’s compliance with these Terms of Service.

11.10 IDOLWEAR does its best to check the content and validity of the information and documents transmitted by Site Users when they are established in France. However, IDOLWEAR cannot be held responsible in any way whatsoever for breaches of Users’ obligations, in particular in the context of the fight against undeclared work and compliance with transparency rules, as well as any damage that may result therefrom. Thus, IDOLWEAR cannot be held responsible for false, incomplete, misleading or not updated information transmitted by the User.

XII. RESPONSIBILITIES OF IDOLWEAR

12.1 In the event of damage suffered by IDOLWEAR resulting from the non-compliance by a User with the obligations resulting from the use of this Site, the User irrevocably undertakes to indemnify IDOLWEAR at first request, against any damage and against any liability action. which would be engaged against IDOLWEAR.

In the event of a deliberate violation and / or embezzlement, IDOLWEAR will transmit all information and useful data, personal or not, to the competent authorities responsible for their repression.

12.2 IDOLWEAR cannot be considered responsible for the Content posted by its Users, and not for any erroneous information which may be indicated on its Site by the latter. Thus, Users recognize the quality of publisher which is theirs as a legally capable person. If a User finds any illegal information, he is invited to inform IDOLWEAR via the address support@idolwear.com.

12.3 The User is authorized to create one or more hypertext link(s) pointing for example to his Social Networks if it is a Member or to his website if it is a Brand. IDOLWEAR is not responsible for the content of these external sites, in particular as regards compliance with the legislation relating to personal data.

In general, Users refrain from publishing any link from sites that do not comply with the legislation in force or that would be likely to harm the interests, reputation and / or image of the Site and of IDOLWEAR.

In any case, IDOLWEAR reserves the right to terminate this authorization at any time if it seems to it that the link established with the site is likely to damage its interests, its reputation and / or its image.

12.4 IDOLWEAR may not be held liable for any prejudice suffered by a User except for fault on his part. The malfunction or breakdown of servers, or difficulties in accessing the network can not be considered as a fault on the part of IDOLWEAR either.

The Site may also be temporarily taken offline, for example for maintenance, or even in an emergency. These temporary situations are intended to improve the use of the Site. They cannot be denounced by any User for any reason whatsoever.

12.5 These terms are also likely to be modified, in order to comply with legal changes, depending on the evolution of the commercial offer of IDOLWEAR or more simply in order to correct any clerical error or typo, without IDOLWEAR is not obliged to inform anyone.

Users will be deemed to have accepted these modifications as soon as they are notified by any means. The new conditions of use of the Site are only valid for future transactions, and therefore do not concern current or past ones.

In the absence of adherence to news Terms of Service, the User has 48 hours from the date of notification to notify IDOLWEAR by email.

In the event that the User has not notified his disagreement within the period provided above, he will be deemed to have accepted the modifications.

12.6 It is understood that each User connects to the Site via his own communication terminals and computer equipment. IDOLWEAR does not make software or subscription means available to anyone.

12.7 No party shall be deemed to be in default of any obligation or liable for compensation for damage if the performance of the latter has been made impossible due to a case of force majeure.

12.8 The invalidity of one or more clauses of Terms of Service of the Site, will not invalidate the other conditions which will remain applicable. The clause(s) thus invalid should be replaced by a clause which will come as close as possible to the initial clause(s).

12.9 This contract constituted by the use of the Site is subject to French law. Any dispute with a User acting in a professional capacity and arising during its interpretation and / or its execution falls under the jurisdiction of the Commercial Court of Créteil.

12.10 In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, IDOLWEAR invites Users to communicate by all means the difficulties they encounter in the use of the Site.

For all requests or disputes relating to the use of this Site, please send us an email via the address support@idolwear.com.

XIII. INTELLECTUAL PROPERTY

13.1 The Site and its elements belong exclusively to IDOLWEAR or its partners. The IDOLWEAR brand is also a protected trademark.

Any unauthorized reproduction, partial or total of the Site or of an element which composes it, is considered prohibited and contravening the Code of Intellectual Property.

13.2 By creating an account on the Site, the User expressly accepts that IDOLWEAR can use his image, his status as a User and its Content, in order to communicate on this Site, the IDOLWEAR social networks, and all media belonging to IDOLWEAR, for commercial and / or advertising purposes of the Site and its Services. This acceptance is valid worldwide and for the duration of the User’s registration.

The User also accepts that any communication concerning him made by IDOLWEAR before his unsubscription, or the closing of his account, cannot be denounced.

XIV. IMPLEMENTATION

14.1 Users accept these Terms of Service of the Site by the simple fact of creating an Account or carrying out an act of purchase, after having checked the acceptance box. The contract is thus concluded for an indefinite period from the acceptance of the terms by the User.

14.2 IDOLWEAR is entitled to refuse the creation of a Member Account, as well as a Brand Account, without this refusal giving rise to the right to the payment of any compensation, nor to the right to justification.

14.3 This contract can be terminated at any time by IDOLWEAR or by the User without any particular reason and by simple notification allowing 7 days notice.

14.4 In the event of an infringement in the use of this Site by a User, IDOLWEAR may unilaterally withdraw its access to the latter and take any action deemed necessary and proportionate against it. Even if his account is suspended, he will remain liable for all payments due for his past activities on the Site and not yet made.

Likewise, in the event that the User is the subject of repeated disputes or complaints from other Users, IDOLWEAR will be entitled to defer the visibility of the content hosted within the search engine results and to suspend or close his account.

14.5 The closure of the User’s account by IDOLWEAR automatically entails the termination hereof.

14.6 These Terms of Service were updated on August 25, 2020. This version replaces all previous ones.