For the sake of accessibility and clarity, inclusive writing is not used in this text and, generally, throughout our website. The terms used in the masculine refer to both the feminine and masculine gender.
MyVipFans.com (hereinafter the "Site"), a Marketplace (id. MarketPlace) allowing adults (hereinafter "Sellers" or "You"), after registration, to enter, through it, in relation with other adults (hereinafter "Buyers"), also registered on the Site, for the purpose of selling (hereinafter the "Service") photographs (hereinafter the "Products"). Photography is defined as "Any document reproducing an image on analog or digital media or any other media according to the evolution of the technique".
To use the Service, the Seller agrees to abide by these General Terms and Conditions of Use (hereinafter the "Seller Terms and Conditions") without restriction or reservation. This acceptance is materialized by a validation click when registering on the Service.
MyVipFans.com reserves the right to modify these Terms. Any changes will take effect immediately for Online Products upon notification to Seller. They will not apply to transactions in progress at the time they come into force.
The terms defined below will have in these terms and conditions (including its preamble), whenever they begin with a capital letter, whether used in the singular or plural, the meaning attributed to them below.
By using MyVipFans.com, you agree not to perform the following activities, which are strictly prohibited:
The purpose of these Seller Terms and Conditions is to define the conditions under which MyVipFans.com makes available to Sellers, as part of the Service, technological tools allowing them to sell the Products.
The Service consists of a set of tools allowing Sellers to connect with Buyers, to offer them Products for sale, to reference and describe these Products, to accept orders placed by Buyers, collect the price of the Products purchased and manage the after-sales service for the Products sold.
Transactions made through the Service for the purpose of selling the Products are concluded directly between the Buyer and the Seller. MyVipFans.com is in no way reVendeur of the Products offered by the Sellers through the Service.
In addition, in the event of non-compliance with these GTU Seller, MyVipFans.com reserves the right to temporarily or permanently interrupt access to the Service to the Seller concerned, by suspending or terminating the present under the conditions provided for in article 7.
Access to the service is limited to opening a single account, any duplicate account will be immediately deleted unless prior validation by MyVipFans.com.
To use the Service, you must use the username and password created when you open your account. Logins and passwords are placed under Your responsibility. You agree to take all necessary measures to ensure that they are not known to third parties or used by unauthorized persons. You are responsible for maintaining the confidentiality of logins and passwords. In this regard, you are responsible for the consequences of the loss or misuse of logins and passwords.
In case of loss, misappropriation or fraudulent use of your username and/or password, you agree to immediately notify the sales department from the following link
You are responsible for undue access, damage, disruption, and adverse consequences caused by your breach of credential confidentiality.
4.1. General Obligations
The Seller must identify with the Buyers as acting or not as a professional. It expressly undertakes to identify itself as acting as a professional Seller when it makes sales of Products through the Service on a regular basis and for profit.
For Sellers declared as non-professional, a threshold is established beyond which the Seller will be considered by MyVipFans.com as carrying out this activity in a professional capacity and will have the obligation to identify as a professional Seller. Otherwise, MyVipFans.com reserves the right to suspend access to the Service under the conditions set out in Article 7 below.
The threshold is set at a business volume of €2,000 per month for three consecutive months
The Seller undertakes to comply with the applicable legislation regarding the exercise of a commercial activity (notably registration, accounting, social and tax obligations). Indeed, The Seller may be required to subscribe tax and social statements for its activity of selling goods on the Site. The administration puts at its disposal sheets specifying its obligations in tax and social matters.
Furthermore, the Seller expressly refrains from promoting directly or indirectly, in any form whatsoever (in particular by inserting hypertext links, any message in the description of the Products,
The Seller undertakes to implement all means to optimally meet its obligations by providing a quality service to the Buyers.
All exchanges between the Seller and MyVipFans.com are strictly confidential. The Seller therefore undertakes not to disclose the content of these exchanges to a third party.
The Seller is prohibited, and without this list being exhaustive, to use visuals or commercial names, pseudonyms or to hold remarks or other messages that would be offensive, contrary to public order or morality, infringes the rights of individuals or the intellectual property rights of third parties, laws and regulations and the brand image of MyVipFans.com. Otherwise, MyVipFans.com reserves the right to temporarily or permanently interrupt access to the Service to the Seller concerned, by suspending or terminating these under the conditions provided for in Article 7.
4.2. Obligations relating to Product offers on the Site
The Seller undertakes and guarantees that it will only sell Products that it owns or over which it has the rights to sell them. It guarantees that they do not contravene in any way the laws, regulations in force, the Seller is solely responsible for the sale of the Products it offers on the Service.
On the description associated with the offers of Products offered on the Site, the Seller undertakes to act in good faith. He is solely responsible for the accuracy of the information contained therein and undertakes that they will not mislead potential Buyers.
4.3. Obligations relating to the price of Products
The Sale Price of the Products is freely defined by the Seller, in compliance with the laws and regulations in force.
4.4. Obligations relating to disputes relating to Products
In general, the Seller undertakes to implement, in good faith, all the necessary means to fulfill its obligations by providing a quality service to Buyers.
At any time, the Buyer has the opportunity to contact the Seller, to address any request, claim relating to the Products paid.
Any Buyer to report in his account, and within 24 hours for purchases made with a professional Seller, any claim concerning the Products paid.
In the event of a claim by a Buyer concerning a Product, including when the Seller is informed of the said claim through the information tool made available to him the Seller makes it his personal business to resolve the dispute between him and the Buyer. Disputes are settled directly between the Buyer and the Seller. The Seller shall make his best efforts to resolve the dispute between him and the Buyer amicably.
Nevertheless, in the event that the Seller has not resolved the dispute between him and the Buyer within 24 hours of receipt of the complaint, MyVipFans.com reserves the right, after having previously informed the Seller, to refund the Product to the Buyer. This same amount will then be deducted from the sums to be paid by MyVipFans.com to the Seller for the Products sold by the Seller via the Service.
If the Buyer’s dispute proves justified, the Seller will either return the Product ordered or refund.
4.5. Seller’s failure to comply with its obligations
It is recalled that MyVipFans.com reserves the right to permanently or temporarily suspend access to the service to the Seller concerned in case of non-compliance with its obligations, as provided in Article 7.
5.1 Remuneration of MyVipFans
The sale of the Products by the Seller on the MyVipFans.com Site is completely free.
In consideration of the storage, listing and distribution of its Products as well as bank transaction fees, the Seller undertakes to pay MyVipFans.com a Commission corresponding to 12% of the Sale Price excluding taxes.
The Seller receives 88% of the Sale Price excluding taxes on each sale made via the MyVipFans.com Site.
In the event of a commercial discount or promotional action on the initiative of MyVipFans.com, the Commission’s calculation will be based on the Sale Price.
Commercial discounts and promotional actions taken at the initiative of MyVipFans.com may not result in a discount on the Catalogue Prize greater than 50%.
5.2 Payment to the Seller
MyVipFans.com undertakes to return to the Seller all sums it has received for the sale of its Products, less any refunds already made, and less its Commission.
This amount can be consulted by the Seller within the Middle Office.
The Seller may request payment of its remuneration only after a period of fifteen (15) days from the notification of the sale, provided that the following two conditions are met:
- The Buyer’s order must not have been cancelled;
- The total amount due to the Seller must be greater than or equal to fifty (50) euros excluding taxes;
MyVipFans.com provides Buyers with the means to assess the performance of Sellers following confirmation of receipt of the paid Product, allowing Buyers to select the Products from the most serious Sellers and who best respect the conditions of use of the Service.
The assessment is carried out according to evaluation criteria and by the attribution of stars.
For Sellers who have made at least 5 sales since the opening of the account, MyVipFans.com reserves the right to temporarily or permanently interrupt access to the Seller’s Service whose evaluation would be less than 4, by suspending or terminating these under the conditions set out in Article 7.
7.2 In case of breach by the Professional Seller of any of its obligations, MyVipFans.com may after formal notice sent by any means and remained without effect for a period of 15 days, terminate this Agreement.
7.3 In the event of a serious and/or repeated breach by the Seller of its obligations or affecting its accounts, such as and without this list being exhaustive: fraud, insulting remarks, counterfeiting, infringement of the rights of third parties (…), MyVipFans.com may terminate these GTCU without notice and without the Seller being entitled to any compensation.
In accordance with the regulations, MyVipFans.com offers Buyers a mediation service for consumer disputes related to transactions made through the Service.
Mediation fees will be charged by MyVipFans.com to the Seller.
10.1 - All texts, comments, books, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property, for the duration of the protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is allowed. Any reproduction or total or partial representation of the Site or all or part of the elements found on the Site is strictly prohibited.
10.2 - The corporate names, trademarks and distinctive signs reproduced are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be the subject of prior written authorization of the trademark owner.
The right to image is the right of everyone to control the use that is made of his image. This is why it is essential that each model visible on the image has first given its agreement. This consent must be provided in the form of an authorization signed by each model in the photo.
Note that the illustrations follow these same rules. It is forbidden to sell a person’s drawing without his consent, if that person is recognizable.
As with all general rules, there are exceptions. Thus, the authorization of the model is not necessary if the person is not recognizable.
However, it is better to determine with the person in question whether he is recognizable or not.
If the person recognizes himself, he will be considered recognizable and his consent will be necessary for any exploitation of the image. Note also that the recognizable character sometimes resides in a small detail (a part of the body, a tattoo, a particular sign)
Seller shall indemnify and hold harmless MyVipFans.com upon first request and against any liability action that may be brought against MyVipFans.com due to Seller’s breach of any right of any third party, including a Buyer, that this damage results from the sale of Products, the use made by the Seller of the Service, or any other fact attributable to it.
The responsibility of MyVipFans.com towards the Seller can only be engaged for facts that would be directly attributable to him and is in any case limited to the amount corresponding to the products paid in the previous month. It cannot be held liable for indirect damages, in particular the loss of chance to sell Products in the event of unavailability of the Service. MyVipFans.com cannot be held liable for the misuse of the Service by the Seller.
If one or more stipulations of these GTU Seller are held to be invalid or declared as such pursuant to a law, a regulation or a final decision of a competent jurisdiction, the other stipulations will keep all their force and all their scope.
Applicable law/ Assignment of powers
These Seller Terms are subject to French law.
Any dispute relating to their interpretation and/or execution is the responsibility of the French courts.