General terms and conditions of use in force on 25/04/2025

General Terms and Conditions of Use Download the General Terms and Conditions of Use

10/06/2024 version

1. INTRODUCTION

The creation of the "NFT Account" (also called "My La Poste Account" or "La Poste Account" or "Account" in this document) enables the User to subscribe to and access the services offered by the www.NFTimbre.com website, namely the acquisition of physical stamps associated with NFT stamps.

The purpose of these General Terms and Conditions of Use is to provide a legal framework for the terms and conditions under which the website and services are made available by La Poste and to define the conditions of access to and use of the services by the "User".

These GCU are accessible on the site under the heading "GCU".

Purchases made on the www.NFTimbre.com website are governed by the General Terms and Conditions of Sale (hereinafter the "GTCS"), which must also be accepted by the Buyer for each purchase. The GSC are complementary to the GCU.

La Poste reserves the right, at any time, to refuse access to the Website, unilaterally and without prior notification, to any user who does not comply with these GTC.

The user is informed that the GTC of the Website may be modified at any time, unilaterally by La Poste, in particular in the event of changes to its services or in the event of legal, jurisprudential, editorial and/or technical developments.

La Poste undertakes to inform the user who has completed the registration process of these changes by e-mail or by means of a special notice displayed on the user's account

These general terms and conditions apply to the relationship between the parties to the exclusion of all other terms and conditions, in particular those of the user.

Acceptance of these terms and conditions assumes that the user has the necessary legal capacity to do so, or failing this that they have the authorisation of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

The purpose of these General Terms and Conditions of Use is to define the contractual relationship between La Poste and the User in connection with the creation and use of the Account.

2. DEFINITIONS

Each term beginning with a capital letter has the meaning given to it in its definition in this article.

User : refers to any natural person with full legal capacity who has opened an Account. The User may be :

• an individual: a natural person using their Account for non-professional purposes;
• a professional: a natural person, associated with a legal entity, using the Account for professional purposes.

Bockchain : The blockchain is a decentralised, transparent and unforgeable transaction register. All transactions take place without intermediaries and are secured using cryptography. NFTs are based on blockchain technology, which enables them to benefit from its traceability and forgery-proof nature.

My La Poste Account/My NFT Account/My Account/Account : refers to the Username, Password, and all of the User's personal data and preferences, enabling the User to:

• access a Customer Area on the Account
• subscribe and connect online to services on the www.NFTimbre.com site

In addition, the Account data enables La Poste to personalise the support provided to the User in his various interactions.

The General Terms and Conditions of Use inherent to La Poste's Accounts are accessible via the following url: https: //moncompte.laposte.fr/moncompte-selfcare/cgu.html

General Terms and Conditions of Use (or "GTCU"): refers to these GTCU (including any document that is expressly included by reference herein).

Customer Area: refers to the personal online area of the User of the NFTimbres Account which allows the User to :

• manage their personal data and preferences
• consult the status of their orders, purchases and transactions

Username : refers to the email address that allows the User to uniquely identify him/herself.

Password: refers to the confidential code defined by the User, which, together with his/her identifier, enables him/her to access his/her Account.

Services: refers to all the services offered on the www.NFTimbre.com website

Site : refers to the internet pages of www.NFTimbre.com

3. ACCEPTANCE AND MODIFICATION OF THE GCU

3.1 Acceptance of the GCU

Unreserved acceptance of the General Terms and Conditions of Use is an essential and compulsory prerequisite for creating an Account.

The user is hereby informed and acknowledges that by clicking on the "Register" box when creating their customer account, preceded by the words "By clicking on Register, you accept the General Terms and Conditions of Use", they are bound by all the provisions of the GTCU.

Ticking the aforementioned box will be deemed to have the same value as a handwritten signature by the user. The user acknowledges the evidential value of the automatic recording systems and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.

2.2 Modification of the GCU

La Poste reserves the right to amend the GTCU. Any new version of the GCU will be submitted to the User who must accept them in order to continue to access and use his Account.

3. ACCOUNT CREATION

3.1 Account creation

In order to purchase products on the www.NFTimbre.com Site, creating an Account is a compulsory step, free of charge, and requires express acceptance of the NFTimbre GTCU and La Poste's "My Account" GTCU, regardless of the terminal used (computer, tablet, smartphone, etc.).

By subscribing to the NFTimbre Service, the Subscriber creates a La Poste account, known as "My Account" with La Poste, which will allow the Subscriber to connect to all of La Poste's services using the same username/password combination

The creation of the Account is validated when the User has accepted the GCU. The User must have full legal capacity. Consequently, actions carried out by minors are carried out under the responsibility and control of their legal representative.

3.2 Information to be provided

3.2.1 Username and password

The email address provided by the User when creating his/her Account will be used as the User ID to access said Account; this address will also be used to send the User any notifications (alerts, notices of receipt, information about the Account, etc.). Creating an Account requires the User to create a strictly confidential Password. The User undertakes :

• to keep it secret ;
• to fully assume the consequences of any disclosure made in violation of the General Terms and Conditions of Use, except in the event of proven fault on the part of a third party;
• to inform De Post-La Poste without delay of any compromise, loss or anomaly observed.

3.2.2 Personal data

Information and data concerning the User are processed by De Post-La Poste and by any service providers. This information is necessary for the management of the account and access to the services. Only the information required for delivery is transmitted to any of De Post-La Poste's service providers.

The User must provide the mandatory personal information required for registration. The User may modify his personal information at any time. When registering, the User fills in the fields required to create their NFTimbre Account, entitled "My Account". In the event that this form is pre-filled, the User undertakes to take note of the personal information concerning him/her and to validate it or, where applicable, to make any useful changes or corrections. When registering, the User may choose to register as a private individual or a professional. If they register as a professional, they will have to provide additional information such as their SIRET number. This additional information is required in order to activate all the associated functions. The User guarantees that the information provided to De Post-La Poste is accurate, sincere and up-to-date, both during the Registration phase and at any time thereafter. The User undertakes to notify De Post-La Poste immediately of any changes to this information, either online or via Customer Service. Should this information prove to be false, incomplete or obsolete, La Poste reserves the right to refuse Registration and/or access to the Account in accordance with the stipulations of the article "Termination - Default - Suspension" of the GCU.

For more information, you can visit :

• The Cookies Policy
• Data Protection Policy

4. AVAILABILITY OF THE ACCOUNT AND SERVICES

Except in the cases of force majeure referred to in article 7 of the GCU, La Poste undertakes, within the framework of an obligation of means, to ensure the availability and accessibility of the Account and the Services, 24 hours a day and 7 days a week. La Poste reserves the right to suspend access to the Account or to one or more of the Services if it considers that an event is likely to affect the operation, integrity or maintenance of the Account or Services, and to do so for the time required to carry out the planned intervention. All Users undertake not to hinder the proper functioning of the Account and the Services in any way whatsoever, in particular by transmitting any element that may contain a virus or that may damage or affect the Account or the Services and, more generally, the information system of La Poste and/or its co-contractors.

5. USE OF THE ACCOUNT AND SERVICES

The User acknowledges that any use of the Account and the Services is carried out under his responsibility and that the actions carried out via his Account will be imputed to him, in the absence of notification of any compromise, loss or anomaly to De Post-La Poste. In the event of proven or suspected compromise of one of the User's Identification elements or in the event of proven or suspected fraud, attempted fraudulent access to his account or to the Services or failure by the User to comply with one of the obligations detailed in the GCU, La Poste reserves the right to suspend the User's access to his account at its own discretion and without delay and to take any action it deems useful to defend its interests and/or those of the User in question.

6. LIABILITY

6.1 Liability of De Post-La Poste

Under no circumstances shall De Post-La Poste be liable for any indirect damage that may be suffered by the User such as, but not limited to, financial damage, commercial damage, loss of customers, any commercial disturbance whatsoever, loss of profit, loss of brand image, which may result from the use of the Account. De Post-La Poste cannot be held liable for any delays, alterations or other errors that may occur in the transmission of information when these events are the result of third party networks or of a fault or negligence on the part of the User. Furthermore, La Poste shall not be liable for any damage that may be caused as a result of :

• use of the Account by the User in a manner that does not comply with these GCU and the regulations in force ;
• inaccurate or misleading information entered on the Account by the User or misleading statements
• the configuration of the User's computer allowing him/her to identify him/herself automatically and thus allow any third party to use his/her account or by usurping his/her identity.

6.2 Responsibilitý of the User

The User is solely responsible for the use of his account as well as the use of his Identification details. The User is solely responsible for the consequences of incorrect personal information. The User may not object to La Poste, in order to respond to a security alert (anti-virus check, etc.), at the request of an authoritý (administrative, judicial or any authorised authority), or to an alert from another User, reserving the right where applicable:

• to keep, for purposes of proof, any information that does not comply with the rules set out in the General Terms of Use but also any logs or connection traces;
• to keep, for purposes of proof, all logs, connection traces or data of a personal nature or otherwise proving that the User is responsible for the behaviour or actions in question;
• to modify, reject and/or remove access to any information that does not comply with the rules set out in these GCU;
• to apply the provisions of article 8 "Termination - Default - Suspension" of the GCU.

7. FORCE MAJEURE

La Poste shall not be held liable for any delay in the performance of its obligations or any non-performance of its obligations resulting from these General Terms and Conditions of Use when the circumstances giving rise thereto fall within the scope of force majeure. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of electronic communications, including electronic communications networks, unforeseeable by De Post-La Poste, calling into question the norms and standards of its profession and any other event beyond the control of the parties preventing the normal performance of the obligations arising from the contract. Any case of force majeure affecting the performance of the obligations resulting from these General Terms and Conditions of Use by the User will suspend the performance of the Services from the date of its occurrence. From that date, and despite the case of force majeure, De Post-La Poste will do its utmost to inform the User of the existence of the case of force majeure and/or to restore access, even if impaired, to the Account and the Services. It is expressly agreed between the Parties that the exceptional implementation of these palliative means by De Post-La Poste during the occurrence of a case of force majeure shall not give rise to any liability or compensation on the part of De Post-La Poste.

8. TERMINATION - DEFAULT - SUSPENSION

The user is warned that even if they are anonymised, all the actions registered in the blockchain are inalienable, inalterable and those without condition of temporality. The impossibility of deletion from the blockchain cannot be held against La Poste.

8.1 At the User's initiative: closure of the Account

The User may at any time permanently delete his Account and all his data from the settings section of his Account on NFTimbre.com

8.2 Termination at the initiative of La Poste

La Poste reserves the right to temporarily suspend access to and use of the Account for reasons relating to the security of the User or the User's failure to comply with any of his obligations, in particular as set out herein. La Poste reserves the right to unilaterally terminate the right to access and use the Account in the event that the User demonstrates serious and/or repeated breaches of any of his obligations, in particular as referred to herein. La Poste may also terminate the User's Account in the event of prolonged inactivity. This termination will be carried out ipso jure, without prejudice to any damages that De Post-La Poste may claim. The evidence referred to in the Article Evidence Agreement of these General Terms and Conditions of Use may be retained by De Post-La Poste as required.

9. INTELLECTUAL PROPERTY RIGHTS

La Poste is and shall remain the owner of its distinctive signs, i.e. trademarks, copyright, company and other names, trade names, brand names and domain names associated with the Account. The partial or total reproduction, imitation or affixing of the trademarks and designs belonging to La Poste is strictly prohibited without its prior written consent. The offender will be liable to prosecution for infringement of rights.

The elements of La Poste, including but not limited to trademarks, logos, signs and all content of the site (text, images, sound, etc.) are protected by the Intellectual Property Code and more specifically by copyright.

Any representation and/or reproduction and/or partial or total use of these elements, of any nature whatsoever, without prior authorisation is totally prohibited.

The User must request prior authorisation from the site for any reproduction, publication or copying of the various contents of the website. The User undertakes to use the content of the site in a strictly private context; any use for commercial or advertising purposes is strictly prohibited.

Any total or partial representation of this site by any process whatsoever without the express authorisation of La Poste shall constitute an infringement punishable under the Intellectual Property Code.

The specific case of the reproduction of stamps sold is dealt with in the "intellectual property rights" section of the General Terms and Conditions of Sale.

10. SUBCONTRACTING

La Poste reserves the right to subcontract all or part of the services provided hereunder to any other company of its choice. La Poste shall remain solely liable to the User and shall be responsible for recourse against its subcontractors.

11. NO WAIVER

The fact that the User and/or De Post-La Poste do not take advantage of a breach by the defaulting party of any of the obligations resulting from the General Terms and Conditions of Use cannot be interpreted as a waiver of the obligation in question.

12. PERMANENCE

The nullity of any clause of the General Terms and Conditions of Use shall not affect the validity of the other clauses; they shall continue in the absence of the nullified provision unless the nullified clause renders the continuation of the contractual relationship impossible or unbalanced in relation to the initial agreements.

13. NOTIFICATION

Any notification required under the terms of the General Terms and Conditions of Use must be made to the other party in writing, by registered letter with acknowledgement of receipt, or by any other means whose receipt can be proven:

• for La Poste: to the address indicated at the top of these Terms and Conditions of Use
• for the User: at the address indicated at the time of Registration or use of a Service or at any other address that one of the parties may subsequently indicate to the other in writing in accordance with this article.

Such notice shall be deemed to have been received by a party on the first business day following its first presentation to that party.

14. AGREEMENT OF PROOF

De Post-La Poste and/or the User intend to lay down, within the framework of the use of the Account, the rules relating to the evidence admissible between them in the event of a dispute and their evidential value. The following stipulations therefore constitute the evidence agreement between the parties, who undertake to comply with this article. La Poste and the User agree that in the event of a dispute:

• the means of identification (Username, Password) linked to the Account used within the framework of the Service shall be admissible before the courts and shall constitute proof of the data and facts they contain as well as the signatures and Identification procedures they express.
• connection data relating to actions carried out from one of the Services of the User using the Account are admissible in court and are proof of the data and facts they contain.
• all or part of the information from the Account is presumed to be attributable to the User.
• the electronically generated or recorded dates of any information or decision are admissible in court as proof of the data and facts they contain.
• the information archived as part of one of the Services, emails and acknowledgements of receipt exchanged are admissible in court and are proof of the data and facts they contain.

Evidence to the contrary may be adduced.

15. HYPERTEXT LINKS

Hypertext links may be present on the Site. Users are informed that by clicking on these links, they will leave the www.NFTimbre.com site . The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

16. SETTLEMENT OF DISPUTES - COMPETENT COURT

16.1 Disputes concerning private individuals

In the event of a dispute relating to the validity, interpretation or performance of the General Terms and Conditions of Use, the User shall first submit a complaint to De Post-La Poste in accordance with Article 16 in order to obtain an amicable solution. Once this has been done, the User may refer the matter to La Poste's Mediation Service, the contact details of which are given in Article 16, which has jurisdiction over any consumer dispute which has not been resolved. In the event of persistent disagreement, and in the absence of an amicable agreement, any dispute will be referred to the competent French courts.

16.2 Disputes concerning a professional

In the event of a dispute relating to the validity, interpretation or performance of their agreements, the parties shall seek an amicable settlement before taking any legal action and shall provide each other with all the necessary information for this purpose. In the absence of an amicable agreement, THE PARIS COMMERCIAL COURT SHALL HAVE COMPULSORY JURISDICTION IN THE EVENT OF A DISPUTE OF ANY KIND or dispute relating to the formation or performance of the order. This clause shall apply even in the event of summary proceedings, incidental claims, multiple defendants or third-party proceedings, and regardless of the method and terms of payment, without any jurisdiction clauses that may exist in the User's documents being able to prevent the application of this clause.

17. APPLICABLE LAW

In the event of a dispute relating to the interpretation, formation, validity or execution of the General Terms and Conditions of Use, La Poste and the User expressly acknowledge that only French law is applicable.