Terms of use

These terms of use (the “Terms of Use”) set out the rules for using the Magazengo service (the “Service”) by the customer (the “Customer”) and by anyone the Customer authorises to access their workspace. They supplement the terms and conditions of sale, of which they form an integral part. Terms defined in the latter have the same meaning here. The plans, their prices, the revenue cap of the Starter plan and the applicable commissions are governed by the terms and conditions of sale.

The Customer may invite collaborators to access their workspace. The Customer passes on these Terms of Use to them, ensures they are complied with and remains responsible for their acts as for their own. The Customer revokes without delay any access that is no longer justified.

Each account is personal. Sharing credentials between several people is prohibited. The Customer informs Magazengo without delay of any compromise at support@magazengo.com.

The Customer undertakes not to, directly or through a third party:

• — impair the integrity, security or availability of the Service, or circumvent its protection, rate-limiting or access control measures;
• — access the Service through unauthorised automated means, extract its data on a large scale, or carry out penetration testing without prior written authorisation;
• — use the Service to distribute malware, send unsolicited bulk messages, or carry out phishing, fraud or identity theft;
• — resell, rent out or make the Service available to third parties, or use it to provide a competing service;
• — use resources in a manner manifestly disproportionate to normal use, such as to degrade the Service for other customers;
• — infringe the intellectual property rights, privacy or personal data of third parties.

In the event of manifestly disproportionate use of resources, Magazengo contacts the Customer to agree on an adjustment before taking any limiting measure.

The Customer undertakes not to publish through the Service any content that is illegal or contrary to these Terms of Use, in particular any content:

• — inciting hatred, violence or discrimination, or that is insulting, defamatory, denialist or condoning crimes;
• — constituting child sexual abuse material, or infringing human dignity;
• — inciting acts of terrorism or condoning them;
• — infringing a trademark, copyright, design or model, or constituting unfair competition or free-riding;
• — constituting a misleading or aggressive commercial practice, in particular fake consumer reviews, false price reductions or unsubstantiated environmental claims;
• — infringing privacy, image rights or trade secrets.

The Customer is solely responsible, as the seller, for the products and services they offer for sale and for their compliance with applicable regulations. Magazengo acts exclusively as a technical provider and is never the seller of the products offered.

The following are prohibited on the Service:

• — narcotics, psychoactive substances and related consumption equipment;
• — weapons, ammunition and their parts subject to authorisation;
• — pornographic content and services;
• — protected species, cultural goods and stolen goods;
• — counterfeit products, devices circumventing technical protection measures, and resold personal data or credentials;
• — pyramid schemes, gambling and financial services subject to an authorisation that is not held.

The sale of alcohol, tobacco, medicines, food supplements, cosmetics, medical devices and, more generally, any product subject to a licence, authorisation, approval or monopoly is conditional on the Customer holding the required authorisations and complying with the associated obligations, including the ban on selling alcohol to minors. Magazengo may request supporting documents.

The Customer warrants that the products they offer comply with Regulation (EU) 2023/988 on general product safety, applicable since 13 December 2024. In particular, the Customer undertakes to display on their product pages:

• — the name, corporate name, postal address and email address of the manufacturer;
• — where the manufacturer is not established in the European Union, the contact details of the responsible person established in the Union;
• — the identifying details of the product, including an image, the type and the batch or serial number;
• — safety warnings and information, in French.

The Customer implements withdrawal and recall procedures without delay in the event of a dangerous product, informs the Buyers concerned and makes the required declarations to the competent authorities. The Customer also complies with waste sorting information obligations and, where applicable, their obligations under extended producer responsibility schemes.

A Customer offering foodstuffs undertakes to:

• — comply with the food hygiene and safety rules laid down by Regulation (EC) no. 852/2004, including maintaining the cold chain for products that require it, from preparation until handover to the Buyer;
• — provide information compliant with Regulation (EU) no. 1169/2011 (the “FIC” Regulation): product name, list of ingredients, clear indication of allergens, use-by or best-before date and storage conditions;
• — not offer for sale any product whose use-by date has passed;
• — withdraw or recall without delay any product presenting a health risk and inform the authorities and the Buyers concerned.

The Service allows the Customer to modify the presentation code of their Store, import themes and enable extensions. The Customer is solely responsible for the code they introduce, the themes they import and the extensions they enable, as well as for their effects on the security, accessibility, performance and compliance of their Store. Magazengo does not guarantee the compatibility of these elements with changes to the Service and may disable any code or extension presenting a proven security risk, informing the Customer without delay.

The Service allows emails to be sent to Buyers. Transactional messages relating to order fulfilment are sent on behalf of the Customer. Any commercial prospecting is the sole responsibility of the Customer, who warrants that they have the prior consent required by article L34-5 of the French Postal and Electronic Communications Code or an equivalent legal basis, and that they provide a simple and free means of opting out. In the event of an abnormal complaint rate or a report by an email provider, Magazengo may suspend sending in order to preserve the deliverability of the Service for all of its customers.

The Customer warrants that they hold the rights to the domain names they connect to their Store and that they comply with the rules of the relevant registry. The Customer is responsible for renewing their domain names. Magazengo cannot be held liable for a Store being unavailable as a result of the expiry, transfer, suspension or misconfiguration of a domain name under the Customer’s control.

With regard to content published by the Customer, Magazengo acts as a hosting provider within the meaning of article 6 I 2 of French law no. 2004-575 of 21 June 2004 and of Regulation (EU) 2022/2065. It is under no general obligation to monitor the content it stores, nor to actively seek facts indicating illegal activity. Its liability for such content can only be engaged if, having had actual knowledge of its manifestly illegal nature, it failed to act promptly to remove it or disable access to it.

In accordance with article 16 of Regulation (EU) 2022/2065, anyone may report content they consider illegal at signalement@magazengo.com. The report must be sufficiently precise and substantiated: the reasons why the content is considered illegal, the exact address where it can be found, the identity and email address of the reporting party, and a statement of good faith.

Magazengo acknowledges receipt of the report without delay, examines it in a diligent, non-arbitrary and objective manner, then notifies its reasoned decision to the reporting party and to the Customer concerned, indicating the available means of redress. Where automated means are used in the handling, this information says so.

Where content or conduct breaches the law or these Terms of Use, Magazengo may, in a manner proportionate to the breach established: remove the content or disable access to it, restrict the visibility of the Store, suspend all or part of the Service, suspend the account, or terminate the contract under the conditions set out in the terms and conditions of sale.

Every decision is notified to the Customer with a clear statement of the reasons, the facts relied on, the contractual or legal basis, any use of automated means and the means of redress, in accordance with article 17 of Regulation (EU) 2022/2065.

The Customer may challenge any decision for six (6) months from its notification, at reclamations@magazengo.com. The challenge is examined by a person who was not involved in the initial decision, within a reasonable time. Where the challenge is well founded, the decision is reversed without delay. Judicial remedies remain available in any event.

Misuse. Magazengo may suspend the handling of manifestly unfounded reports submitted repeatedly by the same person, after a warning.

Participation in the referral and business introduction program is governed by specific terms accepted upon enrolment in the program. Commissions are due only in respect of subscriptions actually collected and not refunded, and are subject to the partner issuing proper invoices. Any misleading referral practice, brand traffic capture or unsolicited solicitation results in exclusion from the program and the loss of commissions not yet paid.

Magazengo may amend these Terms of Use. Any change is notified to the Customer at least thirty (30) days before it takes effect, except where it is required by an immediately applicable legal or regulatory obligation, or where it is favourable to the Customer. A Customer who refuses the new Terms of Use may terminate their subscription free of charge up to their effective date.