GENERAL TERMS AND CONDITIONS

The present General Terms and Conditions (hereinafter referred to as "GTC") are concluded between, on the one hand, the company YELLOW TEAPOT, a French société par actions simplifiée, registered under number 900 962 770 with the Trade and Companies Register of Lyon, whose registered office is located at 52 quai Joseph Gillet 69004 Lyon (France) and using the brand name CARFT (hereinafter referred to as "CARFT" or the "Company") duly represented for the purposes hereof by its legal representative, and, on the other hand, a natural or legal person (hereinafter referred to as the "User"), acting in the capacity of a professional or consumer, who (i) visits or uses the CARFT platform (hereinafter referred to as the "Platform") and (ii) uses the Services that are offered there. 


THE PLATFORM IS CURRENTLY BEING DEVELOPED BY THE COMPANY, WHICH LAUNCHES A FIRST BETA VERSION TO USERS. USERS EXPRESSLY ACKKNOWLEDGE THAT SOME FEATURES AND SERVICES ON THE PLATFORM MAY BE LIMITED AT THIS STAGE. 


For more information about the Company, the User is invited to consult the legal notice (accessible via the following link http://www.carft.game/legal-notice of the Platform).


CARFT and the User are hereinafter individually referred to as a "Party" and together referred to as the "Parties".


  1. Definitions

In addition to those defined elsewhere in these GTC, capitalized terms shall have the meanings set forth below, whether in the singular or plural.


  • Access: means the early access to the beta version of the Platform, available for testing, by a limited number of Users outside the Company that is developing the Platform in anticipation to its general release.


  • Buyer: means the User who purchases an item on the Platform. 


  • Benefits: refers to benefits and real-life prizes that may be awarded to a Buyer. 


  • Blockchain: refers to the technology that allows the representation and transmission of digital assets and keeps track of their transactions. 


Blockchain does not have a single legal definition but generally has the following characteristics:


  • the identification of each party is done by a cryptographic process; 

  • the transaction is sent to a network of computers (the "nodes" of the network) whose geographical location is sparse;

  • Each "node" can host a copy of the database in which the history of transactions is recorded. All stakeholders can access it simultaneously.

  • the security system is based on a consensus mechanism of all or part of the "nodes" each time information is added; 

  • transactions are validated by "proof of authority", "proof of work" or "proof of history"; 

  • The validated transaction is added to the database as a block of encrypted data (this is the "block" in blockchain);

  • The decentralization of security management is in principle a major obstacle to transaction tampering. Each new block added to the blockchain is linked to the previous one and a copy is transmitted to all the "nodes" of the network. The integration is chronological and assumed to be indelible and unforgeable (see https://www.economie.gouv.fr/entreprises/blockchain-definition-avantage-utilisation-application).


  • Custody: means the service allowing the User to keep in a Wallet, Digital Assets and/or NFTs. Safekeeping of Users’ Wallets is provided by third parties services providers, for which CARFT has no visibility or control. 


  • Cards: means cards the User may purchase on the Platform. The initial version of the Platform will allow User to play with test cards, which do not consist in NFTs Cards and may not be monetized. 


  • CARFT Content: refers to the content available on the Platform written by the Company for which it is responsible as editor. 


  • Digital assets: in accordance with Article L. 54-10-1 of the French Monetary and Financial Code, means: 


  • any digital representation of value that is not issued or guaranteed by a central bank or public authority, that is not necessarily attached to legal tender and that does not have the legal status of money, but that is accepted by natural or legal persons as a medium of exchange and that can be transferred, stored or exchanged electronically; 


  • the tokens mentioned in article L. 552-2 of the French Monetary and Financial Code. For the purposes of this definition, a "utility token" within the meaning of Article L. 552-2 of the French Monetary and Financial Code consists in "any intangible asset representing, in digital form, one or more rights that can be issued, registered, retained or transferred by means of a shared electronic recording device that makes it possible to identify, directly or indirectly, the owner of the asset".


NFTs Cards, which do not have a legal definition under French law at the date of these GTC, are offered for sale on the Platform and can be purchased by the User with Fiat currency.


  • FAQ: means the tabs written by the Company which may be available on the Platform to explain its operation and the Services available on the Platform. 


  • Fee: means an amount due to the Company and paid by the User, for the provision of a Service or the completion of a Transaction. 


  • Fiat currency: means a legal tender managed by a Central Bank and controlled by a State. If not specified, this currency is the Euro. At this stage, the User only has the option of purchasing NFT Cards in fiat currency. 





  • NFTs: Non-fungible tokens, non-fungible digital assets. In the absence of a legal provision defining NFTs at this stage under French law, an NFT can be defined as an element registered in the Blockchain that represents an image, a video, a song or any other data (hereafter a "Data") and becomes a digital asset. It can also be defined as a non-fungible intangible asset representing, in digital form, a license to a Data, which asset can be issued, registered, stored or transferred by means of a shared electronic recording device (i.e., a blockchain) allowing the owner of the work to be identified, directly or indirectly.


For the purposes of this definition, it should be noted that an NFT acts as a certificate of unique ownership of a Data, certified in a blockchain. It is accompanied by key information about the owner of the Data, its author, as well as its technical details. Although the Data can be copied, only one valid NFT per work is issued, allowing its holder to claim ownership of that NFT.


  • NFTs Cards: refers to the NFTs cards created and issued by CARFT in the context of the execution of these GTC. NFT Cards are cryptographic and virtual elements on the blockchain protocol with unique identification codes. 


  • NFTs Art Works: refers to NFTs edited by the Company in partnership with an artist which may be displayed by the User in his portfolio. 


  • Personal Connection: means the User's connection to the Platform via his Wallet. 


  • Platform: refers to the online website edited by CARFT accessible via the url address https://www.carft.game/ (hereinafter the "Site") of the Company. 


  • Price (of an NFT): means the value of an item purchased on the Platform by the Buyer, expressed in Fiat currency. 


  • Primary Marketplace: refers to the first sale of an NFT Card, i.e. the first transaction between a Buyer and CARFT concerning one or more NFT Cards (pack). Sales on the Primary Market take place on the CARFT Platform. 


  • Secondary Market: refers to all future NFTs Card Transactions on the Platform following the initial transactions on the Primary Market. The Secondary Market represents all the transactions which will be carried out concerning NFT Cards on the CARFT Platform, for all NFT Cards that have already been purchased once following the initial sale on the Primary Market.


  • Services: refers to all the services offered by CARFT to Users via the Platform and as defined in the article "Description of Services". The Services are an integral part of the Platform.


  • Smart contract: term used to designate - in a simplified way - smart contracts or applications allowing the automated execution of contracts. 


  • Stablecoins: a term for financial instruments based on blockchain technology that aim to eliminate the volatility of cryptocurrencies and replicate the face value of a Fiat currency (often the dollar) such as USDT, DAI, USDC (etc.). 


  • Transaction: means any transaction carried out at the User's request via his Personal Connection. 





  1. Object

The Company publishes an online Platform under the brand name CARFT (https://www.carft.game/). This Platform consists in a unique automotive collection game which allows its Users to play, acquire items available for sale such as Cards, under official licenses and to ultimately trade Cards, NFTs Art Works or NFTs Cards on the Platform.  


AS MENTIONED PREVIOUSLY, THE PLATFORM IS CURRENTLY BEING DEVELOPED BY THE COMPANY, WHICH LAUNCHES A FIRST BETA VERSION TO USERS. USERS EXPRESSLY ACKKNOWLEDGE THAT SOME FEATURES AND SERVICES ON THE PLATFORM MAY BE LIMITED AT THIS STAGE. 


On CARFT’s ecosystem, car fans access a unique digital experience to play, support their favorite brands and can earn Benefits. 


CARFT is based on the Blockchain Avalanche (see for your information: https://www.avax.network/). It offers Users the possibility to buy an exclusive and early Access to the Platform, collect Cards, NFTs Cards and NFTs Art Works (via the Site, as defined above), play and enter competitions to build car collections, and participate in rankings among collectors while earning Benefits. 


The Platform is also intended to provide Users with information allowing them to discover the Company's activity, its news (events, publications, etc.) as well as tutorials aimed at guiding them in the use of the Platform. It also offers features and/or information allowing Users to contact CARFT.


The purpose of these GTC is to define the conditions of access to the Platform, as well as the conditions of use of the Platform and of the online content offered therein, as well as of its functionalities. These GTC are also intended to govern the provision of Services to the User in return for the User's compliance with the obligations and guarantees stipulated in these GTC.


It is specified that the present GTC are the only contractual documents opposable to CARFT, to the exclusion of any other document (prospectus, summary information document, video supports, presentation of the Services, information on the NFTs Cards, etc.) which have only an indicative and non-contractual value, and to the exclusion of any other possible conditions of service, sale or purchase of the User which cannot be opposable to CARFT in any way.



  1. Terms of acceptance and enforceability of the GTC

Any User who accesses the Platform is required to read these GTC, which can be accessed and downloaded via the "General Conditions" section on all pages of the Platform and must respect the terms thereof. 


The GTC and the content of these sections may also be communicated by the Company by e-mail or by paper mail upon simple request by the User to hello@yellow-teapot.com


These GTC are formally accepted by the User prior to the purchase of NFT Cards and appear on all pages of the Platform. 


CARFT reserves the right to adapt or modify these GTC at any time and without notice. Any new version put online prevails over any previous version, notably printed or saved in digital or paper format by the User. The User is therefore invited to consult and regularly read these GTC. The version of the GTC applicable is the one accessible online during the time the User visits and uses the Platform.


In any case, the User will be informed of the entry into force of new GTC, which will be published on the Platform as soon as they are updated. The performance of Transactions and/or the connection to the User's Personal Connection and/or the use of the Platform and/or the Services (even if it is only a simple consultation) implies express acceptance of the current GTC. 


Therefore, for each Transaction carried out or each Service used, the GTC in force at the date of the completion of the said Transaction or use of the said Service are applicable to the User. It is recommended that the User save the GTC in force on the day of the use of each Service and/or the completion of each Transaction, notwithstanding the archiving rules implemented by CARFT. 


The User who does not wish to accept the new GTC has the option of denouncing the GTC and deleting his or her Personal Connection, in accordance with the conditions set forth herein.


THE USER DECLARES AND ACKNOWLEDGES THAT HE/SHE IS OF LEGAL AGE (I.E., AT LEAST 18 YEARS OLD) AND HAS FULL LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.


These GTC are concluded for an indefinite period.


The User acknowledges that he/she has taken knowledge of the nature, purpose and characteristics of the Platform and the Services, as well as the prerequisites necessary for their use, in particular the conditions relating to the creation of a Personal Connection. The User acknowledges that he/she has requested and obtained all the desired information, in particular regarding the quantitative and qualitative characteristics of the Services, enabling him/her to assess the suitability of the Services for his/her needs and to enter into the GTC with full knowledge of the facts. The User is solely responsible for the choice to use the Platform and the Services, as well as to carry out Transactions, so that CARFT cannot be held responsible in any way in this regard.



  1. Description of the Services

    1. Services available without a Personal Connection

The homepage (https://www.carft.game/) and some pages of the Platform are accessible to any Internet user. The purpose of these pages is to provide Users with information allowing them to discover CARFT's activity, its news (events, publications, etc.) as well as tutorials aimed at guiding them in the use of the Platform and the Services. The Platform also offers features and/or information allowing Users to contact CARFT.


However, certain pages of the Platform and certain Services are only accessible to Users who have previously created their Personal Connection.


The Company also administers pages presenting its activity and allowing it to publish content on social networks and to interact with Internet users (in particular on Medium, Discord, Telegram, Facebook, Instagram, Twitter, LinkedIn, etc.). 


  1. Services available subject to the creation of a Personal Connection

The benefit and use of the Services described below require the creation by the User of a Personal Connection, in particular in accordance with the stipulations of the article "Creation of a Personal Connection" of the present GTC. 


  1. Using a Personal Connection

When accessing the Platform and after creating a Personal Connection, the User has access to the Services. 


The User can benefit from the Services offered by CARFT via the Site on his computer.


  1. Access to Beta Version 


As soon as the User's Personal Connection is activated, the User, as a Buyer, has the possibility to discover on the Platform the homepage and the items available for sale.


At this stage, the Platform allows User to buy an Access including Cards and/or NFT Cards and participate in CARFT’s events, sweepstakes or contests. 


NFTs Cards may not be available to the Buyer upon completion of the Transaction, which the Buyer expressly accepts and acknowledges.


Transactions shall be made through payment in Fiat currency, in partnership with the platform Stripe (for more information on Stripe, please read the following link: https://stripe.com/fr/legal/ssa). 


The User who has created a Personal Connection must use his own web3 Wallet. For the use of the Platform, CARFT recommends  Metamask (https://consensys.net/terms-of-use/) or Sequence (https://sequence.app/auth?terms) or any application that the Company may suggest on the Platform. 


  1. New Services

CARFT may expand its range of Services by including new services on the Platform, whether these services are accessible to any User or only through the User's Personal Connection. Such new services shall be deemed to be an integral part of the Services as defined in the "Definitions" section hereof and shall be governed by these GTC. Unless otherwise specified, the new Services may be used by the User as of their effective availability on the Platform, subject, where necessary, to the prior creation by the User of a Personal Connection.


  1. Evolution of Services

CARFT may, at any time and without notice, evolve, improve or adapt the Platform and the Services, and more generally the services offered, with a view to improving, for example, the functionalities offered on the Platform or within the framework of the Services. This may include the deployment of updates, new version(s), new services or services, or the removal of existing Services. In the event of permanent deletion of an existing Service, CARFT will make its best efforts to notify Users of this change with reasonable notice and provide them with alternative solutions (e.g. alternative operations, transfers to a third party service, etc.). In the event of permanent deletion of all Services, CARFT will proceed with the termination of the present Terms and Conditions under the terms and conditions set forth in the article "Termination".


Furthermore, CARFT may complete or modify, at any time and without prior notice, the Platform, the content of the Platform and the Services available therein, in particular according to the evolution of technologies. The User must, where applicable, ensure that he/she adapts his/her computer resources to the evolution of the Platform and the Services.


  1. Assistance

CARFT provides technical support to the User to provide information or assistance to the Users related to the technical aspects and functionalities of the Platform and the Services.


The User remains the sole master of his choices and in particular the choice to use the Services. The technical support does not take charge of the requests relating to the advisability of using the Services and does not provide legal, tax, financial or strategic advice of any kind. 


This support can be accessed via the email address: hello@yellow-teapot.com. CARFT will make its best efforts to respond to the User's request as soon as possible and in an appropriate manner. However, CARFT does not commit itself to any response time, nor to the relevance or completeness of the content of the response, nor to the fact that the response provided will effectively resolve the User's request or provide a solution.


Furthermore, CARFT does not provide any advice with respect to the use of the Services and more broadly with respect to the completion of the Transactions. No information provided by CARFT should be construed as investment, legal, tax, financial, strategic, business, or any other type of advice. 


Unless otherwise specified in these GTC, Transactions are carried out solely on the basis of the instructions communicated by the User, and CARFT never verifies their relevance, interest or quality. Thus, as a reminder, the User is solely responsible for determining whether an investment, an investment strategy or the execution of a Transaction is appropriate according to his objectives, financial situation and risk tolerance, and the User will be solely responsible for any partial or total loss or damage, prejudice or even liability resulting therefrom. The User is advised to consult professionals specializing in financial, legal or tax advice before entering into a Transaction.


  1. Terms of use of the Platform and Services

    1. Access to the Platform and Services

The User declares and acknowledges that he/she has the technical competence to use the Platform and the Services, and acknowledges that he/she has verified that the computer configuration he/she uses for this purpose is in perfect working order. The User is solely responsible for the proper functioning of his computer equipment and his access to the Internet.


All costs related to accessing the Platform and Services, whether hardware, software or internet access costs, are exclusively at the User's expense. 


The User undertakes to use the features of the Platform, the Services and all content to which he may have access only for purposes that comply with the regulations in force, and in particular with public order, good morals and the rights of third parties. CARFT shall not be held responsible for the use by the User of the Platform and the Services, in particular in the event of a breach of the provisions applicable to the User.


Furthermore, the User acknowledges that it is his/her responsibility to use the Platform and the Services in good faith and not to damage the brand image, reputation or notoriety of CARFT or its partners in any way.


  1. CARFT content

The Company is responsible for the CARFT Content it writes (such as information, FAQs, documents, etc., in any form whatsoever, including text, figures, images, etc.) in its capacity as editor of the Platform. 


The CARFT Content and information prepared by the Company should not be construed as investment advice or solicitation. The CARFT Content and information available on the Platform shall not be construed as an offer to the public, a solicitation, an investment advice or a canvassing by the Company towards the Users of the Platform.  


The Services presented on the Platform may be subject to restrictions in certain countries or with respect to certain persons. However, any User of the Platform must have checked beforehand with his usual advisers, if any, that he is entitled to consult the Platform, to use it and to have recourse to the Services offered by the Company, in particular with regard to his tax and legal status. 


The CARFT Contents are provided and/or broadcast on the Platform for information purposes only. In fact, despite the care taken in the development and updating of the Platform, the CARFT Content that appears on it is provided "as is", as generic information and the Company cannot guarantee its accuracy, timeliness, relevance, topicality or completeness, nor its suitability to the User's needs.


Also, the CARFT Content appearing on the Platform should not be considered as authoritative, nor as a substitute for the User's personal judgment, and should not constitute the sole basis for any decision made by the User.


  1. Link

Users may not establish a link (including redirections) to the Platform without the express prior authorization of CARFT. Such authorization request must be sent by email to hello@yellow-teapot.com. Under no circumstances shall this authorization be considered as an implicit affiliation agreement. In any case, the links to the Platform must be removed at the first request of CARFT.


CARFT reserves the right to set up links on the Platform giving access to sites, web pages or applications other than those of the Platform, as well as to redirect the User to other sites, web pages or applications. Users are formally informed that the sites, web pages or applications to which they can access through these links do not belong to CARFT, which reserves the right to delete the said links proposed by the Platform to an application or a third party site if the latter becomes contrary to the regulations in force or to its values. CARFT shall not be responsible for access by Users via links set up on the Platform to third-party sites or other resources present on the Internet, nor for the content of the information provided by these third-party sites or other resources by virtue of the activation of said links.


  1. Availability of the Platform and Services

CARFT strives to provide a quality service and to allow the User to use the Platform and the Services in the best possible conditions. Thus, the Platform and the Services are in principle available 7 days a week, 24 hours a day. However, CARFT is not bound by an obligation of result but only by an obligation of means, and does not guarantee the availability, the optimal functioning or the speed of the Platform or the Services, nor their permanent and continuous accessibility.


Indeed, the User is informed and accepts that access to the Platform and/or the Services may be delayed, altered, prevented or interrupted due to, in particular:

  • technical hazards inherent to the internet, including but not limited to bandwidth fluctuations and hazards of CARFT's internet service provider, a partner of CARFT and their own updates and technical hazards) and/or a hosting company;

  • a case of force majeure ;

  • use by the User of the Platform or the Services that does not comply with the GTC or with the details and indications that may appear on the Platform;

  • an unavailability or a hazard concerning the access to the telephone network or to the internet or to any other network (computer network, telecommunication network or electronic communication network,...) by CARFT, or by the User;

  • inability to access or difficulties encountered in accessing data hosted by third parties for reasons not attributable to the Company;

  • a problem or difficulty, particularly technical, related to the operation of a Blockchain, including : 

    • the emergence of a "fork", a technical phenomenon related to the Blockchain that can be defined as an event during which the Blockchain splits and gives birth to a secondary Blockchain. Forks can be either accidental derivations or consensual technological evolutions;

    • the malfunction of a Smart Contract under which an NFT has been created;

  • unavailability or randomness of access to computer systems, applications, websites or partners or others to which CARFT would have recourse for the provision of the Services;

  • the unavailability or loss by the User of his Personal Connection;

  • the loss by the User of the private keys of his Wallet, over which the Company has no control and assumes no responsibility; 

  • an illicit, malicious or unfortunate act (including facts resulting from the action of "cybercriminals" or "hackers", logical or other attacks such as computer viruses, malicious programs,...), having as its object or effect an attack on the computer systems, applications, websites or platforms of the User, of the company, of the partners of the latter.


Furthermore, CARFT reserves the right to close access to all or part of the Platform and/or to suspend the execution or provision of all or part of the Services in the event of the occurrence of one of the above hypotheses or in the event of endangerment of or threats to its human resources (e.g. members of its staff) or its technical resources of any nature whatsoever.


For scheduled maintenance operations, CARFT will make its best efforts to inform the User in advance. However, the Platform may, without prior notice or compensation, be temporarily closed, and access to or functionality of the Platform or Services may be limited, in particular to carry out technical or operational interventions or others necessary for their proper functioning (e.g., test operations, maintenance, control, resolution of possible failures, operational modifications or changes, evolutions, etc.), an update, the deployment of a new version, or any other operation deemed necessary by CARFT or which the User agrees to.


CARFT shall not be held liable for any failure or interruption of the Platform and/or the Services due to any of the cases mentioned in this article "Availability of the Platform and the Services".


  1. Technical conditions and preservation of the Platform and Services

The User must equip himself with the appropriate telecommunications means to access the Platform, his Personal Connection and the Services. The User guarantees that the hardware and software he/she uses to access the Platform and the Services, and their use, are in good working order.


The User also undertakes to take appropriate measures to ensure the security of its own equipment and/or data and/or content and/or software from contamination by any viruses, malicious code or any other harmful technologies or logical infections, and shall ensure that no such viruses are introduced into the Platform.


The User agrees not to interfere with the proper functioning of the Platform or the Services and not to commit any act that may jeopardize the computer security of the Platform or the computer systems of other users of the Platform (whether or not they are Users), of CARFT or of a partner of the latter. In particular, the User agrees not to use any device or software of any kind that would disrupt, interfere with or interrupt the normal operation of the Platform or the Services, or that would impose a disproportionate load (in terms of hosting volume, bandwidth, etc.) on the Platform.


The User also undertakes not to extract, for commercial purposes or not expressly authorized, all or part of the information or data present on the Platform, as well as not to use a robot, in particular a crawler or spider, a software, an automated system, a script, a program, a search application or a website retrieval application, or any other means allowing to extract or index all or part of the content of these applications. Thus, crawling, scraping or screen scraping practices are expressly prohibited.


The content of the Platform may not be downloaded, collected, copied, altered, modified, deleted, distributed, transmitted, broadcast (except for promotion purposes of the Services available on the Platform), rented, sold, licensed, exploited, in whole or in part and in any manner whatsoever, without the express, prior and written consent of CARFT. 


The Platform is an automated data processing system. The same applies to the Personal Spaces. The User is prohibited from accessing or maintaining, fraudulently, all or part of the Platform that is not his own. 


CARFT reserves the right to take any action or claim necessary to prevent, stop and punish any infringement of the Platform, the content of the Platform but also the Services, including in the context of legal proceedings, and this, without prior notice. 


The User is solely responsible to CARFT, or its partners, for any damage that may result from access to the Platform, his or her Personal Connection and the Services, and from their use. 


Any breach of the provisions of this article by the User constitutes a serious breach that may lead to the termination without notice of the GTC to the exclusive detriment of the User and the permanent prohibition for the User to access and use the Platform and the Services.


  1. Framework for the use of the Services

The User must, at all times when using the Platform or the Services, act in compliance with applicable laws and regulations (in particular with respect to tax and/or social security declarations that must be made as a result of the performance of certain Transactions and for which he/she is solely responsible), as well as in accordance with the indications, information, and communications of CARFT such as communicated in particular through these GTC or on the Platform or via the User's Personal Connection. In this respect, it is notably specified that the User is required to carry out all the steps required for his fiscal and social obligations, and that CARFT does not carry out such steps on behalf of the Users.


Furthermore, the User agrees not to disrupt, negatively affect or prevent the use of the Platform or Services by any other user (whether or not a User). 


User is also prohibited from using or operating the Platform or Services to engage in or participate in money laundering, pyramid schemes or any other risky or illegal transactions. 


Furthermore, any commercial use and/or exploitation of data, in particular market data, obtained or accessed or made available through the Platform and/or the Services is prohibited, as is any copying, extraction, etc. of said data. 


Any breach of the provisions of this article by the User constitutes a serious breach that may lead to the termination without notice of the GTC to the exclusive detriment of the User and the permanent prohibition for the User to access and use the Platform and the Services.


  1. General Principles for Services

    1. General restrictions

The Services are accessible to the User who has made a Personal Connection and who has not been subject to, or is not subject to, any suspension, sanction, restriction, limitation, termination or deletion procedure.


In addition, CARFT reserves the right, for the purpose of deciding whether a Service or Transaction may be performed by a User, to request specific additional information and/or documentation from such User.


Furthermore, CARFT reserves the right, without prior notice and without entitling the User to compensation, to refuse the execution of a Service or Transaction requested by a User, to cancel a Transaction requested by the User or to suspend the use by a User of the Services or of one or more specific Services, and in particular in case of violation by the User of his obligations or commitments under these GTC or if CARFT believes that there are sufficient elements suggesting that the User could be in violation of his obligations and commitments under these GTC, or in particular: 

  • in the event of a request to this effect by a competent authority (request, court decision, ongoing investigation, etc.);

  • in the absence of supply by the User of information or documents requested by CARFT ;

  • in case of inappropriate behavior and/or wrongful acts of the User (insults, threats, violence, etc.).


CARFT also reserves the right, in particular for the purpose of fraud prevention and the fight against illicit or fraudulent activities, to impose Limits or a Ceiling on a User in a personal capacity under the conditions set out below, and/or to restrict or limit the use by the said User of certain Services.


These restrictions may be lifted by CARFT if the latter considers that the causes and motives that led to their implementation have disappeared, subject to the communication by the User of information and documents that may be requested by CARFT. 


  1. Warning - risks inherent to the Services

The User acknowledges that the operations and Transactions carried out within the framework of the Services, and in general the purchase, use, sale, exchange, conversion or holding of Digital Assets, present risks for which CARFT cannot be held responsible, namely macroeconomic risk: the change in the macroeconomic situation may cause, among other things, abnormal price fluctuations, which may affect the User ; political/regulatory risk: changes in applicable laws and regulations may result in, among other things, abnormal price fluctuations, or even a change in the operating conditions of the Platform and the conditions of provision and use of the Services, which may affect the User;return risk: Digital Assets are not issued by financial institutions, and the Digital Asset market is a new and poorly regulated market that may not generate any real return; volatility risk: Digital Assets are heavily used by speculators, which means that Transactions involving Digital Assets are exposed to extremely high volatility risks; moreover, Transactions are carried out throughout the day without interruption and without restriction on the rise or fall of the price, which means that the price of Digital Assets may undergo sudden variations leading to partial or total losses of Users' investments. Also, the purchase, sale, exchange, etc. of Digital Assets involve significant risks: the User is advised never to invest more than he can afford to lose; decentralization risk: there is no central entity or organization that controls and regulates Digital Assets. On the contrary, Digital Assets rely on decentralized Blockchain technology. In the event of a crisis, there is no entity or organization protecting the Digital Assets market to minimize your losses for example. operational risks: failures of hardware, software or networks (Internet, telecommunications, electronic communication, telephone, etc.) may result in the loss of digital assets;risk induced by force majeure; risk of theft or loss of the private key and other handling errors (e.g.: risk for the User of theft or loss of his identifiers) that may result in the partial or total loss of the Digital Assets; liquidity risk: the exchange of a Digital Asset for a fiat Currency is not always guaranteed, nor is it guaranteed for any other type of Digital Asset.
CARFT also insists on the fact that Digital Assets and Blockchain are new technologies, obeying particular rules that differ from traditional investment systems. Thus, any use of Digital Assets whether as an investment, as a monetary equivalent, etc. presents risks that the User must take into account.
The User shall ensure that he/she is informed and trained on the operation and characteristics of a Blockchain, Digital Assets and NFTs. 
When possible, CARFT provides Users with information and tutorials to guide them in the use of the Platform and the Services. The User is however invited to vary his sources of information and thus to consult other sites than CARFT's to get information and training on the risks inherent to the Services, it being specified that the information and details appearing on the Platform are not exhaustive, nor necessarily up to date, and are only indicative for the Users.
The User must therefore be particularly vigilant when using the Platform and the Services, and must ensure that he/she has all the skills and knowledge, particularly technical and financial, required to handle Digital Assets. In particular, CARFT reminds Users that past performance is not a guide to future performance, and that investing in Digital Assets presents risks of partial or total capital loss. The User is in any case invited to consult professionals specialized in financial, legal or tax advice before carrying out any transaction involving Digital Assets.




  1. Terms of the Personal Connection

    1. Personal Connection

The User is responsible for the creation and management of his Personal Connection, in order to benefit from the Services.


  1. Conditions for creating a Personal Connection

A Personal Connection can only be held by one person (whether an individual or a corporation).  


Any person (natural or legal) wishing to open a Personal Connection must have full legal capacity to do so, as well as to commit to these GTC. In this respect, any natural person acting on behalf of a legal entity guarantees to have all the rights and authorizations necessary to validly bind said legal entity.  


MOREOVER, THE OPENING OF A PERSONAL CONNECTION BY A NATURAL PERSON REQUIRES TO BE AT LEAST 18 YEARS OLD.


It is the User's responsibility to ensure compliance with these conditions.


The content of the above-mentioned section and the conditions of eligibility or restrictions to the creation of a Personal Connection are subject to change at any time and without prior notice, at CARFT's sole discretion, in particular but not exclusively in order to comply with legislative or regulatory obligations. 


  1. Identity verification - Know Your Customer

CARFT reserves the right to implement a procedure to verify the identity of the User, in particular within the framework of a so-called "Know Your Customer" (hereinafter "KYC-AML"), in order to prevent or detect any attempt or action of fraud, corruption, money laundering or financing of terrorism in particular, and more generally any potential illicit or fraudulent activity or action. 


The information communicated by the User in order to benefit from the Services and to carry out Transactions will be used strictly within the context of CARFT's KYC-AML policy. 


  1. Prohibitions

The creation of a Personal Connection is forbidden to any User who has been terminated by CARFT as a result of a termination of these GTC for User's fault.


The User who makes a Personal Connection guarantees that his use of the Platform and Services will not expose CARFT to any sanctions and that such use will not violate any applicable law or regulation, in particular with regard to the fight against terrorism, corruption or money laundering. 


Thus, the User guarantees in particular:

  • not to be subject to a prohibition to use the Services which would result in particular from legislative or regulatory provisions or from an administrative or legal decision for example;

  • not be subject to restrictions on access to financial services as adopted by the United Nations, the Council of the European Union, etc. in the context of the fight against terrorism, the fight against corruption or the fight against money laundering; 

  • Not be on the Specially Designated Nationals list maintained by the Office of Foreign Assets Control (OFAC) or the U.S. Department of Commerce's Denied Persons List.


Any breach of the provisions of this article by the User constitutes a serious breach that may lead to the termination without notice of the GTC to the exclusive detriment of the User and the permanent prohibition for the User to access and use the Platform and the Services.


  1. Suspension of the Personal Connection

Without prejudice to the stipulations of the article "Termination" of the present document, CARFT reserves the right to suspend access to the User's Personal Connection and to suspend the provision of all or part of the Services as of right and without prior notice, in the event of a breach by the User of its obligations or commitments under the present GTC or if CARFT considers that there are sufficient elements suggesting that the User may be in breach of its obligations and commitments under the present GTC. 


In addition, such a suspension may include: 

  • in the event of a breach of these GTC;

  • in case of detection of suspicious activities of the User;

  • in case of reasonable suspicion of use of the Platform and/or Services in connection with illegal or fraudulent activities;

  • in the event of a request to this effect by a competent authority (request, court decision, decision or request of an administrative or judicial authority, ongoing investigation, etc.). 


The suspension of access to the Services implies the impossibility for the User to connect and/or to benefit from the Services / to use the Services. 


To the extent possible (and in particular, unless prohibited by a competent authority or by applicable provisions), CARFT undertakes to inform the User of such suspension without delay and to indicate the reasons for such suspension.


  1. Deleting the Personal Connection

The User may decide to delete his Personal Connection. 


The deletion of the Personal Connection by CARFT occurs in any case automatically in case of termination of these GTC. 


The cancellation of the Personal Connection and access to the Services, whatever the cause or initiator, will not give rise to any compensation of any kind for the User.


  1.  Financial conditions

    1. Fees on Transactions

Transactions are services offered to the User for a fee. 


The User is therefore obliged to pay to CARFT, unless otherwise stipulated in these GTC specifying that the Fees are due to a third party, the Fees on the Transaction specified on the Platform and authorizes CARFT to deduct from the amount of the Transaction carried out, all the Fees on the Transactions that would be due in accordance with these GTC.


Accordingly, the User expressly agrees that Fees, as specified on the Platform, may be charged in connection with the completion of a Transaction and acknowledges such Fees include Blockchain fees, paid to process the Transaction on the Blockchain network.


The Fees charged on the Platform are set out on the Platform, it being specified that the Fee rate may depend on various criteria. Rates (including the commission rates) may be modified/revised at any time. In the event of a rate update, the new rates will apply to all Transactions initiated and validated by the User after the effective date of the new rates.


  1.  VAT on Transaction Costs

The Transactions are subject to value added tax (VAT), depending on the place of residence of the Buyer. 


  1. Eligibility

Fees on Transactions, when due to CARFT, are due and payable at the time of validation of the Transaction by the User.  


In accordance with the provisions of Article L.441-10 of the French Commercial Code, any delay or non-payment of an amount due on the due date referred to above shall result in the payment of late payment penalties without any reminder being required. The interest rate for these late payment penalties shall be that applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points. This rate shall be the rate in force on 1 January of the year in question for the first half of the year in question. For the second half of the year in question, it is the rate in effect on July 1 of the year in question. 


These penalties will be calculated and will be due without prejudice to CARFT's right to claim compensation for its prejudice linked to the delay in payment or non-payment. Penalties will be due from the day following the due date of the sums owed and until the day of their collection by CARFT.


Finally, any User in a situation of late payment will automatically owe CARFT a fixed indemnity for collection costs, set at forty (40) euros. If the recovery costs incurred are higher than this indemnity, CARFT could ask for an additional indemnity on justification. However, CARFT will not be able to invoke the benefit of these indemnities in the event of the opening of a safeguard, recovery or judicial liquidation procedure which would prohibit the payment of the debt due to it.


  1. Respective obligations of the Parties

    1. CARFT obligations

CARFT is bound to respect the terms and conditions stipulated in these GTC. CARFT provides the User with the Services, including access to the Platform, and is subject, as such, to an obligation of means. 


In particular, CARFT shall endeavor to maintain accessibility to the Platform and the Services, as defined in the article "Terms of use of the Platform and the Services" herein.


  1. Obligations of the User

The User has ensured that the Platform and the Services are in line with his needs, that they correspond to his expectations and that he has the skills and knowledge, particularly technical and financial, as well as the necessary computer environment, to correctly use the Platform and the Services.


The User is bound to respect the terms and conditions of these GTC. The User is solely responsible for the use he makes of the Platform, his Personal Connection and the Services, as well as for the acts and deeds of the persons he has authorized to access his Personal Connection, including with respect to any subsequent performance of Transactions.


The User is obliged to use the Platform and the Services in accordance with the legal and regulatory provisions applicable within the various jurisdictions where the activities and business related to the operations and transactions of Digital Assets are conducted, and shall not use the Platform and/or the Services for any illicit or illegal purposes, or for any purposes other than those for which the Platform and the Services are made available to the User. 


  1. Liability

The User shall be liable for the obligations incumbent on him/her under these GTC in accordance with the rules of common law. 


CARFT's commitment is exclusively to provide the Services in accordance with the provisions of these GTC and subject to any reservations made, particularly in the case of a Service provided by a partner of CARFT. CARFT is responsible only for this.


CARFT draws the attention of the User to the risks inherent to any economic operation, which are not its responsibility (see in particular the article "Warning - Risks inherent to the Services").


In addition to the hypotheses provided for in these GTC in which the responsibility of CARFT cannot be engaged, the Parties agree that:


  • CARFT's responsibility can only be engaged because of a bad execution or a non-execution of its obligations under the present GTC in case of proven fault. Moreover, CARFT can only be held liable for direct damages suffered by the User due to a failure of CARFT to fulfill its obligations under these GTC. On the other hand, CARFT cannot be held responsible for indirect damages caused to the User, in particular but not exclusively for any loss or absence of profit, performance, advantage or added value, in particular financial or in terms of turnover, income, expected savings or investments: CARFT cannot be held responsible by the User nor can it claim any reimbursement for the loss of any digital asset by the User through the Platform and/or the Services. Furthermore, CARFT can only be held liable to the User for foreseeable or foreseeable damages, except for gross negligence or malice. In addition, it is agreed that CARFT's liability to the User is, except in the case of a User who is a consumer as defined by the French Consumer Code, limited to the amount of the last Transaction made on the Platform.


  • CARFT is in no way responsible for damages suffered by the User due to a non-performance of its obligations by CARFT resulting from a case of force majeure or the act of a third party (including another User or user);


  • CARFT is not responsible in case of abnormal use, including use that does not comply with these GTC, or fraudulent or illicit use of the Platform or the Services by the User;


  • CARFT is not responsible for the functioning (or malfunctioning) of the User's computer equipment, nor for his access to the Internet or to any network (computer network, telephone network, Internet network, telecommunication or electronic communication network, etc.);


  • CARFT is not responsible in case of fault of the User or damage resulting from a lack of diligence or vigilance of the User, nor for the consequences or damage, of any nature, which could result from it towards anyone, whether it is a third party or another user or User;


  • CARFT is not responsible in case the User forgets or loses his identifiers, in case of leakage or theft of the said identifiers, in case of cracking of the said identifiers by a third party and in any other case of hacking of his Personal Connection or of his means of access to his Personal Connection;


  • CARFT is not responsible for any loss of data or delay in the progress or processing of a User's Transaction that may result from an interruption or suspension of the Platform or the Services, regardless of the duration;


  • CARFT is not responsible for the choices and decisions of the User concerning the use of the Services and in particular the execution of Transactions involving digital Assets, including but not limited to the error in making a decision in particular relating to a Transaction, the execution by the User of incorrect or inappropriate Transactions, the error of the Wallet Address, etc. In this respect, and taking into account the risks inherent to the use of the Services as explained in particular in the article "Warning - Risks inherent to the Services", CARFT is not responsible for any financial losses suffered by the User and resulting from the use of the Services; 


  • CARFT is not responsible for any malfunction or failure of the platform of the service provider in charge of the Preservation of Digital Assets on behalf of the Users.


  • CARFT is not responsible for non-compliance with the legislation of the country in which the Services are accessible, it being specified that the Services comply with the provisions applicable in France: it is up to the User, who is solely responsible for the choice of the Services he/she uses, to check their compliance with the legislation of the country in which the Service is accessible and more generally with the legislation applicable to him/her;


CARFT cannot be held responsible:

  • temporary or permanent unavailability of access to all or part of the Platform or the Services offered therein, difficulties related to response time, and in general, any performance defect, as well as the consequences or damage of any kind that may result;

  • discontinuities or disruptions in the use of the Platform and the Services contained therein, whether voluntary or involuntary, nor the consequences or damages of any kind that may result from them or that may result from changes or technical or functional developments of the Platform or Services;

including (but not limited to) :

  • maintenance, updates or technical adjustments;

  • breakdown of telecommunications equipment or failure of a network provider (computer network, telephone network, internet network, telecommunications or electronic communication network, etc.);

  • and more generally the failures or interruptions (temporary / permanent, partial / total, ...) of the Platform and/or Services that would be related to one of the cases referred to in the article "Availability of the Platform and Services";

as well as the consequences that may result from it.


Likewise, CARFT shall not be liable for the misappropriation of information circulating via the Internet or entered on the Platform, for the presence of viruses, malicious codes or any other harmful technologies or other logical infections on the Platform or for any consequences or damages resulting therefrom.


CARFT shall not be liable for any consequences or damages of any kind that may result from errors or omissions in the content published on the Platform or in the responses to contact requests, nor for any delay in responding to such requests.


In order for CARFT to be held liable, if necessary, the User must notify CARFT of any claim or breach of its obligations under these GTC, without delay from the moment the User becomes aware of it.


The provisions of this "Liability" section shall survive the termination of these GTC, regardless of cause, until the end of their particular purpose.



  1. Termination

    1. Disclosure

The User may terminate the GTC (i.e. end them) at any time and without notice, provided that he/she deletes his/her Personal Connection in accordance with the terms and conditions set forth in the article "Deletion of the Personal Connection". 


CARFT is entitled to terminate and end these GTC, without the User being able to claim any prejudice as a result, under the following terms and conditions:


  • In the event that any law, regulation, ruling of a competent authority or jurisdiction makes it impossible for the Parties to maintain all or part of the TOS (and therefore the Services), or if CARFT has reason to believe that the maintenance of all or part of the TOS (and therefore the Services) is impossible as a result, CARFT may terminate the TOS (and therefore the Services) upon thirty (30) days' notice, unless the law, regulation or ruling referred to in this section prohibits or prevents CARFT from providing such notice. Alternatively, CARFT may, in its sole discretion, upon the foregoing notice, unless conditions do not permit such notice, terminate any or all of the GTC (and thus terminate any or all of the Services) in order to comply with all laws, regulations, rulings applicable to the business of trading or handling Digital Assets ; 


  • In the event of a technical or security problem affecting the Platform and/or the provision of the Services, subject to thirty (30) days' notice, or, and only if conditions do not permit such notice, immediately without notice; 


  • For convenience, upon reasonable notice of not less than thirty (30) days and not more than sixty (60) days.



  1. Cancellation

The termination of the GTC can take place at the initiative of CARFT, in addition to the cases specifically provided for in the articles of these GTC and without prejudice to any damages that may be claimed from the User, in the following cases:


  • For breach by the User of any of its obligations or commitments under these GTC, in particular in the event of breach of its obligations under the articles "Description of Services", "Terms of Use of the Platform and Services", "Terms of Use of the Personal Connection", "Financial Conditions" and "Respective Obligations of the Parties"; 


  • In case of serious breach on the part of the User which entitles CARFT to terminate the GTC without notice and without prior formal notice, it being specified that in such a case CARFT may terminate the present GTC. In this respect, the following constitute serious breaches on the part of the User which entitle CARFT to terminate the GTC without notice:

  • the fact that a User refuses to accept the modified GTC;  

  • the use of the Platform and/or the Services, voluntarily or involuntarily, for illicit or fraudulent purposes or activities;

  • the non-payment by the User of Fees on Transactions due to CARFT (or to a partner of the latter); 

  • any other serious breach of these GTC or of applicable laws and regulations.



  1. Consequences

In the event of termination or denunciation of these GTC under this section "Denunciation - Termination", CARFT will proceed to delete the User's Personal Connection in accordance with the provisions of the section "Deletion of Personal Connection" herein.


The clauses which by their nature or purpose must survive the end of the GTC shall survive and remain applicable at the end of the GTC until the end of their respective particular purpose, unless a specific term is provided for in the GTC.



  1. Personal data and cookies

Personal data processing may be implemented through the Platform. The User is invited to click here http://www.carft.game/privacy to access CARFT's "personal data protection policy".


Cookies and other tracers or similar technologies may be installed and/or read in the User's browser or terminal when visiting the Platform. The User is invited to click on the link http://www.carft.game/privacy to access CARFT's "personal data protection policy", which provides details on cookie management policy.



  1. Intellectual Property

    1. General 


The Platform taken as a whole, as well as each of the elements that make it up independently, in particular the programs and developments, its structure, and the contents including data, texts, still or animated images, logos, sounds, graphics, photographs, files, are the exclusive property of CARFT or of third parties who have assigned or conceded the right to use them. 


Any representation or reproduction, in whole or in part, of the Platform or of any of its component parts without the express authorization of CARFT is prohibited and would constitute an infringement punishable by the Intellectual Property Code and/or an act of unfair competition or parasitism. In any case, any representation or reproduction authorized by CARFT of all or part of the Platform or of the elements that make it up must include the words "Copyright [Year in progress] CARFT - all rights reserved".


The databases appearing on the Platform are protected by the intellectual property code and any extraction or reuse, qualitatively or quantitatively substantial, of the content of the databases is sanctioned.


The trademarks and logos appearing on the Platform are trademarks registered by CARFT or by third parties. Any reproduction, imitation or use, total or partial, of these distinctive signs without the express authorization of CARFT and in violation of the prohibitions provided for in the intellectual property code engages the responsibility of their author.


Other distinctive signs, in particular corporate names, trade names, brands, domain names reproduced on the Platform are the property of CARFT or third parties, and any reproduction of them without express authorization is likely to constitute a usurpation engaging the responsibility of its author.



  1. No right of withdrawal

Articles L.221-13, L.221-25, L.221-26 and L.221-28 of the French Consumer Code describe the circumstances in which the right of withdrawal cannot be exercised by a consumer. 


Indeed, Article L.221-28 of the Consumer Code provides that "the right of withdrawal cannot be exercised for contracts: [...]

13. The supply of digital content without a physical medium, the performance of which has begun before the end of the withdrawal period and, if the contract imposes an obligation on the consumer to pay, where:
(a) He has given his prior express consent for the performance of the contract to begin before the expiration of the withdrawal period; and
(b) he has acknowledged that he will lose his right of withdrawal; and
c) The trader has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13.


Pursuant to these texts, the User expressly acknowledges and agrees that the right of withdrawal cannot be exercised for Transactions involving Digital Assets and/or purchase, sale of NFTs Card. The User wishes that the Transactions involving Digital Assets and/or purchase, sale of NFTs Card be executed immediately. Therefore, the User expressly agrees in advance, expressly waives his right of withdrawal and expressly acknowledges that he loses his right of withdrawal. 



  1. Absence of legal guarantee of conformity 

The provisions of the Consumer Code relating to the legal guarantee of conformity (cf. articles L217-1 and following of the said code) do not apply to the Services and to the present GTC insofar as the relationship between the User and CARFT cannot be qualified as a contract for the sale of tangible movable goods within the meaning of the said provisions.


The provisions of the civil code relating to the guarantee of defects in the goods sold, also known as the legal guarantee of hidden defects (cf. articles 1641 and following of the said code) do not apply to the Services and to the present GTC insofar as the relationship between the User and CARFT cannot be qualified as a sale in the sense of the said provisions.


In this respect, it is specified for all purposes that the use of the terms Sale/sale/sell and Purchase/purchase/purchase, and certain associated terminology, within the framework of these GTC or on the Platform, in particular to designate certain operations or actions, is purely explanatory and descriptive. The use of these terms does not prejudge the legal qualification of the operations and actions referred to by these terms within the meaning of the Civil Code and the Consumer Code. In any case, under the terms of these GTC, CARFT concludes with the Users a contract for the provision of services and not a sales contract within the meaning of the aforementioned texts.



  1. Insurance

CARFT certifies that it has taken out an insurance policy with a solvent insurance company established in France for the financial consequences that could result from the engagement of its professional civil liability within the framework of the execution of the GTC.


In accordance with articles L441-2 of the Commercial Code and R111-2 of the Consumer Code, CARFT specifies that it has taken out its professional liability insurance contract. 


Upon written request from the User, CARFT undertakes to provide the User with any proof of the insurance taken out.



  1. Various

    1. Force majeure and unforeseen circumstances

      1. Force majeure

The User and CARFT shall not be liable to each other in case of non-performance of their obligations under these GTC resulting from a case of force majeure as defined in article 1218 of the French Civil Code. By express agreement, are considered as cases of force majeure all the events usually recognized as such by the jurisprudence of the French courts and tribunals, in priority by the jurisprudence of the Court of Cassation. 


By express agreement between the Parties, the following constitute force majeure

  • the theft of digital assets from CARFT or one of its partners by any means whatsoever;

  • lack of power supply, including power outages or blackouts;

  • disruptions of private or public communication networks, including total or partial shutdown of the Internet network;

  • a hacking leading to the impossibility for CARFT and/or its partners to restore the concerned Services;

  • bad weather and climatic events (storm, hail, lightning, hurricane, etc.);

  • natural disasters, earthquakes, floods, water damage;

  • magnetic fields ;

  • falling aircraft;

  • acts of terrorism;

  • war, riot, armed conflict, fire, explosion, internal or external strikes, lockout, occupation of CARFT premises;

  • legal or governmental restrictions, legal or regulatory changes in forms of marketing ;

  • accidents of any kind;

  • Epidemics, pandemics, illnesses affecting more than 10% of CARFT's staff in a period of two consecutive months;

  • the blocking of roads and the impossibility of obtaining supplies;

preventing the normal performance by a Party of its obligations under the GTC.


  1. Unforeseen

CARFT draws the User's attention to the risks inherent to any economic transaction, in particular to any Transaction involving digital Assets. The use of the Services by the User implies the acceptance of these risks. In this respect, any financial losses suffered by the User and resulting from the use of the Services shall not constitute a situation of unforeseeability as defined in Article 1195 of the French Civil Code and shall not entitle the User to avail himself/herself of the legal regime of unforeseeability provided for in this Article, which the User expressly acknowledges and accepts. The same applies more generally in the event that the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the GTC, even if their execution proves excessively onerous, the User agreeing to bear all the economic and financial consequences and to waive in this case the right to avail himself of the legal regime of unforeseeability provided for in the aforementioned article of the Civil Code.


  1. Non-waiver

The fact that one of the Parties tolerates a situation, for example the fact of not taking advantage of the application of certain stipulations of the GTC or of certain legal or regulatory provisions, whatever the frequency and duration, shall not be considered as a modification of the GTC or as granting acquired rights to the other Party.


Moreover, such tolerance by one of the Parties, even if repeated, shall not constitute or be construed as a waiver by it of its right to assert or exercise the rights at issue or to rely on any of the provisions of these GTC.


  1. Interpretation

In the event of any difficulty of interpretation resulting from a contradiction between any of the titles appearing at the head of the articles and any of the articles, the titles shall be declared non-existent.


  1. Partial nullity

If one or more provisions of the GTC are held to be null and void, invalid, illegal or unenforceable or declared as such, pursuant to a law, a regulation or following a final decision of a court or competent authority, the other provisions shall remain applicable and shall retain all their force and scope.


  1. Independent co-contractors

The Parties acknowledge that they are each acting on their own behalf as independent Parties and as independent co-contractors, and these GTC shall not be construed in any other manner.


  1. Subcontracting

For the purposes of the execution of the GTC and in particular the provision of the Services, CARFT may at its convenience have recourse to subcontractors, it being specified that CARFT will remain, vis-à-vis the User, responsible for the execution of the GTC in accordance with the terms and conditions of the GTC.


  1. Transfer


The User expressly agrees, in advance, that CARFT may assign or transfer to a third party the GTC or all or part of its rights and obligations under the GTC without prior notice or information to the User.


  1. Calendar days

Unless otherwise specified, the periods and times indicated in these GTC are in calendar days.



  1. Mediation and Alternative Dispute Resolution

In accordance with the provisions of articles L612-1 et seq. of the French Consumer Code, any User who is a consumer within the meaning of the aforementioned code has the possibility of seizing, free of charge, the services of a consumer mediator with a view to the amicable resolution of a dispute between him/her and CARFT.


The body designated by CARFT for this purpose is the Mediator of the Autorité des Marchés Financiers (AMF).


To refer to this organization, the User may:

  1. go to the AMF website: https://www.amf-france.org/fr/le-mediateur-de-lamf/votre-dossier-de-mediation/vous-voulez-deposer-une-demande-de-mediation and fill out the online form with supporting documents;

  2. or send your complaint by mail to the address :

Mediator of the Autorité des Marchés Financiers 

17, place de la Bourse - 75082 Paris Cedex 02 

Tel : 01 53 45 60 00


A dispute can only be examined by the Consumer Ombudsman if:

  • the User justifies having tried, beforehand, to resolve his dispute directly with CARFT by a written complaint expressly identified as such detailing the reasons for his complaint as well as all the information useful to CARFT to understand, study and appreciate the causes, consequences and incidences of this complaint, and addressed by e-mail ; 

  • the request is not manifestly unfounded or abusive;

  • the dispute has not been previously reviewed or is not under review by another mediator or by a court;

  • the User shall submit his request to the mediator within a maximum of one year from the date of his written complaint to CARFT ;

  • the dispute falls within the jurisdiction of the mediator.


The User will be informed by the mediator of the consequences of his request for mediation.


In addition, the User is informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/



  1. Language - Applicable law and jurisdiction

The present GTC are written in English. In the event that they are translated into one or more foreign languages, only the English text will be deemed authentic in the event of a dispute.


THIS PLATFORM IS GOVERNED BY FRENCH LAW. THE PROPOSED CONTENTS ARE THUS IN CONFORMITY WITH THE FRENCH LEGISLATION IN FORCE. THE SITE EDITOR CANNOT BE HELD RESPONSIBLE IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE COUNTRY OF CONNECTION.


THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN CARFT AND THE USER ARE ALSO GOVERNED BY FRENCH LAW. THIS APPLIES TO BOTH SUBSTANTIVE AND FORMAL RULES, NOTWITHSTANDING THE PLACE OF PERFORMANCE OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS. 


IN THE EVENT OF A DISPUTE AS TO THE INTERPRETATION OR EXECUTION OF THE GTC, THE PARTIES SHALL MAKE THEIR BEST EFFORTS TO FIND AN AMICABLE RESOLUTION. IN THE ABSENCE OF AN AMICABLE RESOLUTION, THE FRENCH COURTS SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE ARISING FROM THE APPLICATION OF THESE GTC OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PLATFORM. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS FRENCH.


THESE STIPULATIONS RELATING TO THE APPLICABLE LAW AND THE COMPETENT JURISDICTIONS ARE APPLICABLE SUBJECT TO THE IMPERATIVE PROVISIONS WHICH WOULD HAVE VOCATION TO APPLY TO THE USER IN HIS CAPACITY OF CONSUMER WITHIN THE MEANING OF THE CODE OF CONSUMPTION IF NECESSARY (IN PARTICULAR ARTICLE R.631-3 OF THE CODE OF CONSUMPTION).


BY EXCEPTION, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN CARFT AND A USER WHO IS A MERCHANT WITHIN THE MEANING OF ARTICLE L121-1 OF THE COMMERCIAL CODE, THE DISPUTE SHALL FALL UNDER THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF A THIRD PARTY, EVEN FOR EMERGENCY PROCEDURES OR FOR PROTECTIVE PROCEDURES, IN APPEAL OR BY PETITION.