Preamble
La Maison du Savoir-Faire et de la Design ("La MSFC") is affiliated to the UFIMH (Union Française des Industries Mode et Habillement), a trade association (law of March 21, 1884), governed by the Labor Code, registered under Siret number 784 178 49300028, Code Naf 9412Z, with headquarters at 8 rue Montesquieu, 75001 Paris.
Since its creation, it has been entirely financed by the DEFI (Comité de Développement et de Promotion de l'Habillement).
The mission of the Maison du Savoir-Faire et de la Design is to promote French fashion and clothing contract manufacturers and to enhance their industrial and artisanal savoir-faire. To this end, it brings together contract manufacturers, textile and clothing service providers and material and component suppliers (the "Manufacturers") previously registered on the www.maisondusavoirfaire.com (the "Site") with, on the other hand, fashion and clothing professionals (principals, fashion brands, designers, institutional ...) (hereinafter, the "Brands"), also registered on the Site, in order to foster business relationships between them. This networking platform organized on the Site is called the "Platform of French fashion and clothing manufacturers" or the "Platform".
Article 1 - Purpose
The purpose of these General Terms and Conditions of Use (the "GTCU") is to set out the rights and obligations of registered members (the Manufacturers and Brands, hereinafter the "Users") and non-registered visitors (the "Visitors"), in connection with the use of the Site.
In particular, they define the conditions under which the Site makes available to Users, the technological tools enabling respectively Manufacturers to present their activities and Brands to search for and contact Manufacturers via the Platform.
Article 2 - Scope of application
These TOU apply, without restriction or reservation to the use of the services and technological tools made available to Manufacturers and Brands via the Platform.
These tools enable Manufacturers to register on the Platform in order to present their activities and describe the services they offer through presentation sheets ("Company Sheets"), to exchange with other registered Manufacturers, on a dedicated forum (the "Manufacturers Forum"), issues that are specific to them, and finally to be put in contact with Brands who must also create a user account to access the Platform.
Visitors are not required to register. They can freely access the different pages of the site. However, they do not have access to the Forum exclusively reserved for Manufacturers, nor to the Manufacturers' Company Sheets.
The services rendered by the MSFC are entirely free of charge for both Users and Visitors.
The platform is strictly reserved for professional Users of the textile, fashion and clothing sector only.
These GCU are accessible at any time on the Site www.maisondusavoirfaire.com and will prevail, where applicable, over any other version or any other contradictory document.
Use of the services implies acceptance, without conditions of the TOU.
These TOU may be subject to subsequent modifications, the applicable version is the one in force on the Site.
Article 3 - Registration terms and access to Platform services
To use Platform services, Users must accept these GCU and register on the Site, according to the following terms:
3.1 : Registration of Manufacturers on the Platform
The Manufacturer wishing to register must first fill in an online registration form to create an account.
He must follow the proposed tree structure by filling in the various fields provided such as: company activity, company name, SIRET number, main website or social network, contact details of the referent person creating the Manufacturer account.
The Manufacturer must be a company under French law and have a manufacturing workshop located in France.
A confirmation of receipt of the registration request is sent by the MSFC, to the e-mail address indicated by the Manufacturer in his form.
The MSFC then has a period of two working days to validate the registration by e-mail. In the absence of a response within this period, the request is deemed to have been refused.
The MSFC's decision does not need to be reasoned.
Manufacturers may modify their account information.
The MSFC ensures the veracity of the formal information filled in by the Manufacturer on the form.
Registration gives the Manufacturer:
- the right to create its Company File, which will be accessible on the Platform and consultable by all Users, including Brands.
The Company File is subject to validation by the MSFC before publication on the Platform. The MSFC may request modifications. It has one month to validate the Company File by e-mail, during which time it may organize a telephone interview with the Manufacturer, or possibly a visit to his workshop. If no response is received within this period, the request is deemed to have been refused.
The MSFC's decision does not need to be substantiated.
The Company File presents the Manufacturer, its history, contact details, number of employees, its savoir-faire and specialties, its labels, its technical specificities, and the organizations to which it belongs. A "contact this company" button enables Brands to contact the Manufacturer directly.
The MSFC receives a copy of the messages sent by the Brands to the Manufacturers via the contact form on the Company File. - access to the exchange Forum organized on the Platform, once the Manufacturer has created his Company File and it is validated and published by the MSFC, unless notification by e-mail to the MSFC of the Manufacturer's decision not to participate.
3.2 : Brand registration to consult the Platform
The Brand wishing to consult at the Platform must also complete an online registration form to create an account.
It must follow the proposed tree structure by filling in the various fields provided such as: country, region, company name, identifiers (n°SIRET, VAT ...), main website or social network, contact details of the referent person creating the Brand's account.
A confirmation of receipt of the registration request is sent by the MSFC, to the e-mail address indicated by the Brand in its form.
The MSFC then has a period of two working days to validate the registration by e-mail.
Failing a response within this period, the application is deemed to be refused.
The MSFC's decision does not have to be reasoned.
Marks may partially modify their account information (only information concerning the referent person who created the account for the Brand may be modified).
The MSFC ensures the veracity of the formal information filled in by the Brand on its form.
Registration gives the Brand:
- the right to search for French manufacturers on the Platform and to consult the Company Sheets,
- the possibility of contacting Manufacturers for manufacturing requests via the Company Sheet contact form
3.3 : The registration finalization process common to all Users
The Manufacturer or Brand whose account creation request is validated receives the information required to log in and choose a password in order to finalize their registration, which are strictly personal and confidential. They must not divulge this information to anyone else, and remain solely responsible for their use and access to the Platform, unless there is proof of fraudulent use for which they cannot be held responsible. They undertake to notify MSFC immediately of any fraudulent use of which they are aware.
The fact that a User registers on the Site www.maisondusavoirfaire.com implies full and complete adherence to and acceptance of these GCU, which is expressly acknowledged by Users, who waive, in particular, the right to rely on any contradictory document, which would be unenforceable against the Platform.
3.4 : Visitors' Newsletter registration
Visitors are not required to create an account. They visit the Site freely and access pages that are public and not reserved for Users only (such as the Platform or the Forum reserved for Manufacturers only).
However, if they wish to receive the MSFC newsletter, they must register on the Site page provided for this purpose, specifying their e-mail address.
Article 4 - Obligations of Manufacturers
4-1: Contracts concluded through the intermediation of the Platform
Contracts concluded between Manufacturers and Brands, through the intermediation of the Platform, are concluded directly between the latter, without MSFC being a party to such contracts, directly or indirectly.
Manufacturers undertake to implement, in good faith, all means necessary to fulfill their contractual obligations, in particular by delivering orders placed with them by Brands, in accordance with the quality expected.
They are solely responsible for the productions they carry out in execution of an order placed by a Brand, following a connection enabled thanks to the Platform, without MSFC being held liable in this respect in any way whatsoever.
Manufacturers undertake to comply with the legislation applicable to their commercial or craft activity (in particular registration, accounting, social and tax obligations).
Under no circumstances can the MSFC be held responsible for the obligations to which Manufacturers are bound, and validation of the opening of their accounts on the Platform can in no way be assimilated to any verification of compliance with their obligations.
Nor can the MSFC be held responsible for the quality of the productions and services delivered to the Brands by Manufacturers. It does not issue any technical quality label concerning registered Manufacturers; it is the Brands' responsibility to carry out any useful verification concerning registered Manufacturers.
4-2 : Company Data Sheets
Manufacturers undertake to present, on their Company Data Sheets:
- the productions and services they are able to carry out and duly authorized to carry out;
- precise and accurate descriptions of their Savoir-faire, not likely to mislead the Brands, both as regards the essential characteristics of their production, and the guarantees provided.
They shall refrain from proposing the garment making of counterfeit products within the meaning of the Intellectual Property Code or any products whose marketing is regulated by virtue of legislative, regulatory or contractual provisions and for which they do not have the necessary authorizations.
They guarantee the accuracy of the information appearing on their Company Information Sheets placed online on the Platform (it being specified that the MSFC ensures the formal veracity of the information entered by Manufacturers on their Company Information Sheets, when they are placed online and updated, without being able to guarantee their accuracy).
Updating the data on the Company Information Sheets remains the responsibility of the Manufacturers, who undertake to log in regularly to make any changes.
Visuals, in particular, must comply with examples of productions carried out and respect the rights of third parties, with Manufacturers guaranteeing MSFC that they have all the necessary rights to use these descriptive elements.
Makers also refrain from presenting any content that is insulting, contrary to public order or morality, that would infringe the rights of individuals or the intellectual property rights of third parties, laws and regulations and the MSFC's brand image.
Article 5 - Brand obligations
The Brand's registration enables it to enter into contact with registered Clothing and accessories manufacturers, through the Company Sheets.
The Brand refrains from sending Manufacturers messages concerning any commercial or promotional canvassing action.
It undertakes to contact Manufacturers solely for the purpose of manufacturing their products.
Article 6 - The Manufacturers' Forum
An exchange Forum is organized by the MSFC on the Site, for the exclusive attention of all Manufacturers with a Company file published on the Platform, who can thus exchange with their peers, also present on the Platform, on any subjects of interest to their community.
They can thus ask questions, share their needs in the form of a publication with an object and a body of text. The names of the Manufacturer and its referent who created the account appear below the publication, in the form of a signature. Responses are displayed following the publication.
The Manufacturer accepts that the names of his company as well as that of his referent, who initiates or responds to a discussion, are mentioned on the publications. In case of refusal, he must send an e-mail to MSFC to have his account deleted from the Forum, without this leading to the deletion of his Company File.
The Manufacturer automatically receives Forum notifications with each new discussion. He may deactivate notifications from his account at any time.
Manufacturers refrain from using visuals or other descriptive elements or from making comments or other messages that would be offensive, contrary to public order or morality, that would infringe the personal rights or intellectual property rights of third parties, laws and regulations and the MSFC brand image.
Messages published on the Forum are posted by Manufacturers under their sole responsibility, and the MSCF does not exercise any a priori control. However, the MSCF reserves the discretionary right to delete messages when they do not correspond to the purpose of the Forum in order to maintain a quality image of the Forum.
No commercial canvassing (promotion of services or products) is allowed on the Forum.
The MSFC may decide to delete a Manufacturer's account, under the conditions stipulated in article 8 paragraph 4 of these GCU.
Article 7 - The Public Procurement Portal
The MSFC offers useful information on public procurement on its Site, aimed at Manufacturers and principals. The steps to be taken and the regulations are specified in guides, often written by public authorities.
This information is freely accessible to Users and Visitors.
The MSFC will do its utmost to keep the information offered up to date, but cannot provide any guarantee on this point. Procedures may change in line with legislative and regulatory developments, and any liability on the part of MSFC in respect of the information transmitted on the public procurement portal is excluded.
Article 8 - Termination of access to Platform services
Manufacturers and Brands may decide to terminate their registrations at any time, without having to justify any particular reason, subject to observing a notice period of 20 working days.
To do so, they must send an e-mail to MSFC, which will proceed with the deletion of their accounts at the end of the notice period referred to in the previous paragraph and the deletion of the Manufacturer's Company File.
This termination shall have no legal consequences on any business relationships that may have been otherwise established between the Users concerned.
In the event of non-compliance with these GCU by Users, MSFC reserves the right to temporarily or permanently interrupt their access, by suspending or deleting their accounts without notice or compensation.
Article 9 - Protection of personal data
The personal data collected from Users and Visitors is subject to computer processing carried out by MSFC, the data controller, in compliance with the General Data Protection Regulation 2016/679 (the "RGPD") and the French Data Protection Act of January 6, 1978, as amended. All information on this processing and the rights of Users and Visitors with regard to their personal data are accessible on the Site www.maisondusavoirfaire.com.
Article 10 - Intellectual Property
The content of the Site www.maisondusavoirfaire.com is the property of the MSFC with the exception of the content of the Company Sheets and messages exchanged within the Manufacturers' Forum, which are the property of their authors.
The MSFC is the exclusive owner of all intellectual property rights relating to the services and in particular to the general structure, and its content (software, texts, animated or non-animated images, its know-how and all other elements making up the Site) with the exception of the rights of the third parties concerned.
MSFC grants the User, free of charge, the non-exclusive, non-transferable and non-assignable right to use the services for information purposes - to the exclusion of any other use.
Any total or partial reproduction of the Site and its content, by any person whatsoever, without the express authorization of MSFC is prohibited and would constitute an infringement punishable by articles L. 335-2 et seq. of the French Intellectual Property Code. It is expressly forbidden for Users and Visitors to modify, improve, edit, translate, decompile, disassemble or create one or more derivative works from the Services and in particular their content, without the prior written consent of MSFC.
The same applies to any databases appearing on the Site, which are protected by the provisions of the July 1, 1998 law transposing the March 11, 1996 directive on the legal protection of databases into the French Intellectual Property Code, and of which MSFC is the producer. In particular, it is forbidden to extract or reuse, quantitatively or qualitatively substantial, the content of the databases present on the www.maisondusavoirfaire.com site. Any offender will be subject to the penalties set out in Articles L 343-1 et seq. of the French Intellectual Property Code.
Finally, Users and Visitors to the Site may not set up hypertext links to the Site or pointing to other websites, without the express prior authorization of MSFC.
Article 11 - Responsibilities
It is reminded that the Platform is not a party to any contracts that may be concluded between Manufacturers and Brands, following intermediation of the Platform. It can therefore under no circumstances be held liable for the performance of these contracts, to which it remains extraneous and for which any dispute must be settled directly between the parties concerned.
The User and the Visitor acknowledge that MSFC cannot be held liable, in any manner whatsoever, and for any reason whatsoever, for any direct and/or indirect damage, relating to the use of the services by the User or the Visitor, the latter remaining solely responsible in this respect and/or arising from the use of the Site in particular from any possible connection with a professional, or another third-party website.
MSFC shall not be held liable for any misuse of the services it offers by the User or for any fault on the User's part. Nor can it be held liable for facts attributable to a third party, or for inaccurate and/or non-updated information on the public procurement portal (article 6 of these GCU).
The content posted by Manufacturers on their Company Sheets or on the Forum are the sole responsibility of their authors, to the exclusion of any liability on the part of the MSFC, as recalled under the terms of articles 4.2 and 6 of these GCU.
The MSFC is not liable if Manufacturers provide inaccurate and/or non-updated information on their Company Sheets.
The User guarantees and indemnifies MSFC at first request against any prejudice and against any liability action that may be brought against MSFC due to the User's infringement of any right whatsoever of a third party, whether such prejudice results from the performance of contracts concluded between a Manufacturer and a Brand, from the use made by the User of the Platform's services or from any other fact attributable to the User.
Article 12 - Access to the Site
The Site's services are available on the Internet network, and accessible free of charge, 24 hours a day and 7 days a week, all year round, to any user with Internet access. The MSFC uses all reasonable means at its disposal to ensure access to the services, but is under no obligation to do so. MSFC reserves the right, without prior notice, to permanently or temporarily suspend the use of all or part of the services, in particular in order to update, modify or maintain them, and generally for any other technical or organizational reason.
As a result, the MSFC cannot be held liable in any way whatsoever, and for any reason whatsoever, in particular in the event of temporary or total unavailability of all or part of the services, of a difficulty linked to response time, and generally speaking, of any performance defect whatsoever in all or part of the services, even for the consequences that may arise for the user or any third party. No technical assistance is provided to the user by either electronic or telephone means.
Article 13 - Partial nullity
If one or more stipulations herein are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.
Article 14 - Applicable law
These General Terms and Conditions of Use and the operations arising therefrom are governed by French law.
They are drafted in the French language. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Article 15 - Identification - Contact
Our contact details are as follows:
- Maison du Savoir-Faire et de la Création
- 8, rue Montesquieu 75001 Paris
- Email address: msfc
lamodefrancaise[point]org
Article 16 - Disputes
Any dispute relating to the interpretation and/or performance of these GCU shall be subject to French jurisdiction. After all attempts to find an amicable solution have failed, the courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction.
It is recalled that any dispute or claim concerning the performance of contracts concluded between Manufacturers and Brands brought into contact through the intermediation of the Platform, must be settled directly between them.