Awelnet SAS (hereinafter referred to as “Utylink”) operates a website and the Utylink application (together referred to as “the Platform”), allowing consumers (hereinafter “Buyers”) to connect with professional sellers (hereinafter “Merchants”) for the online purchase of goods and services (hereinafter “Products”).
The Platform is available at www.utylink.com and via the Utylink app.
Utylink acts exclusively as an intermediary between Buyers and Merchants, facilitating “Collective Purchases” to maximize order volumes. The delivery of Products is the sole responsibility of the Merchants.
These General Terms of Use and the website www.utylink.com are governed by French law.
Order: refers to any acquisition of a Product made by a Buyer from one or more Merchants via the Platform.
General Terms and Conditions of Sale (GTCS): represent the terms of sale applied by the Merchant, accessible in the Merchant Profile, governing the Buyers' Orders.
Merchant Profile: summary of information related to the Merchant, including their GTCS, viewable by Users.
Product Listing: description of the Product on the Platform, prepared by Utylink based on information provided by the Merchant.
Price: amount inclusive of all taxes, excluding shipping costs.
Collective Purchases: grouping of Orders for the same Product to benefit from a discount based on the total volume ordered, according to a Degressive Pricing Scale.
Degressive Pricing Scale: pricing system set by the Merchant, decreasing as the volume of Group Purchases increases.
Minimum Order Quantity (MOQ): the minimum quantity required to validate the Group Purchase process.
Sale Deadline: the closing date of the sale after which no more orders can be placed.
Services: all the features offered to Users by Utylink.
User: any person using the Platform or its Services.
These General Terms of Use (GTU) govern access to and use of the Platform and its Services. By using the Platform, the User accepts the GTU without reservation.
If Utylink modifies the GTU, the User will be informed by email or via a notice on the Platform. The GTU applicable to each Order are those in effect at the time the Order is placed and are attached to the confirmation email. It is recommended to regularly review the GTU before placing any new Order.
The Platform is accessible free of charge via “www.utylink.com” and/or the Utylink application. The User must have an internet connection and is responsible for their own computer equipment and associated costs.
The purchase of Products is subject to payment; see section 3.4 “Payment Conditions” of the GTU.
Only individuals of legal age (18 years or older) and with legal capacity can make purchases on the Platform. Buyers acting as “Consumers” benefit from the protections of the French Consumer Code.
The User is responsible for the accuracy and truthfulness of the information provided during their identification on the Platform. The User agrees to:
In the case of false information, fraud, or any violation, Utylink reserves the right to suspend or refuse access to the Platform without prior notice.
Utylink strives to ensure the availability of the Platform but cannot guarantee its proper functioning in all circumstances nor correct all errors. Availability is based on a best-effort obligation.
Temporary or permanent interruptions or modifications may occur, particularly for maintenance purposes, without prior notice. Utylink shall not be held liable for unavailability due to these changes.
In case of maintenance or other reasons, Utylink reserves the right to suspend or modify access to the Platform without entitlement to compensation.
The User is fully responsible for the content they publish on the Platform (“Contributions”) and agrees not to post illegal content. They must avoid posting messages contrary to public order, defamatory, racist, or infringing on third-party rights. The User may not disclose personal information without consent or harass other members.
Any violation may result in the User’s suspension or termination of access to the Platform, and the User shall indemnify Utylink for any damages resulting from non-compliance with these rules.
Any User violating these General Terms of Use may face civil and criminal sanctions, particularly regarding copyright, neighboring rights, database producer rights, and computer systems. Utylink reserves the right to take legal action against any User who violates these provisions.
Utylink reserves the exclusive right to determine which types of products will be offered for sale on the Platform, taking into account their alignment with the company's values and vision. This right cannot be altered under any circumstances. Utylink remains the sole arbiter of the relevance of the proposed products, and any decision regarding product selection cannot be contested.
The ordering process on the Platform is as follows:
Merchants are required to respect the price scale they provided based on the quantity thresholds reached. Once payments for the achieved quantity have been made, the Merchant is obligated to sell at the corresponding price, regardless of any subsequent difficulty in the sale. This obligation applies unless the cancellation of one or more sales is directly attributable to Utylink.
Product prices on the Platform are displayed in euros, all taxes included, excluding shipping costs, which are specified before Order confirmation. Merchants freely set Prices and Degressive Price Scales, especially in case of promotions. Utylink does not verify the accuracy of the reference prices set by Merchants. Orders placed through the Platform are paid directly to the Merchant. If not, the payment may be made to Utylink or to payment service providers who, as agents, will collect funds on behalf of the Merchant. Orders from Buyers with ongoing payment disputes may be refused.
The Buyer can access their invoice in three ways: included in the package, available in their Personal Account via order history upon request to the Merchant, or sent by email after Order confirmation. For deliveries outside mainland France, VAT-related tax rules apply, and the Order may be subject to additional customs duties and taxes, for which Utylink is neither responsible nor liable. Utylink uses the same payment method that the Buyer used when placing their Order to refund the Buyer, regardless of the reason for the refund.
A. Liability of the Merchant
The Merchant is fully liable for managing Orders placed via the Platform, including the proper delivery of Products. This covers delivery delays, product errors, damage during transport, or undelivered Products for any reason. However, if the error lies with Utylink in transmitting the Order information, the Merchant's liability cannot be invoked.
B. Delivery Conditions
The Buyer is informed that Product delivery can only take place under the following conditions:
C. Delivery Fees
The final delivery fees payable by the Buyer will be communicated during the Order process before confirmation.
D. Receipt of Products
It is the Buyer's responsibility to examine the condition of the Products upon receipt to ensure they conform to the Order. In the event of non-conformity or visible damage, if inspection is possible upon delivery, the Buyer must immediately notify the carrier of the condition of the package or Product if it has been damaged during transport.
E. Delays and Non-receipt
In case of delay, partial or total non-receipt of the ordered Products, the Buyer is invited to contact the Merchant from the scheduled delivery date to resolve the issue.
F. Unclaimed Products
If a Product is not claimed by the Buyer or is not delivered to the correct address due to reasons attributable to the Buyer, the Product will be returned to the Merchant. The Buyer may obtain a refund of the Order amount (excluding return fees). Alternatively, with the Buyer's and Merchant's agreement, the Product may be reshipped, with the Buyer covering return and reshipment fees. After one month without communication from the Buyer, the Products cannot be returned, nor can there be a refund, exchange, or compensation.
In the case of receiving a damaged, defective, incomplete Product or one that does not match the Order, the Buyer must contact the Merchant to resolve the issue. If the Merchant does not respond or the response is deemed unsatisfactory, the Buyer may initiate a sanction procedure against the Merchant through Utylink.
The Merchant, as a professional, must comply with laws governing distance selling, including legal guarantees of conformity (articles L. 217-3 et seq. of the French Consumer Code) and hidden defects (articles 1641 to 1648 and 2232 of the French Civil Code). The terms of these guarantees are specified in the Merchant's General Terms of Sale. Refund requests through Utylink may be refused in agreement with the Merchant. Utylink is not liable for guarantees that fall under the Merchant's responsibility.
In accordance with the Consumer Code, the Buyer has a period of fourteen (14) calendar days from receipt of the Product to exercise their right of withdrawal without justification or penalties, except for return costs, which remain their responsibility. Specific terms for this right are described in each Merchant's General Terms of Sale. The refund will be processed through Utylink, in collaboration with the Merchant.
Utylink has integrated a rating system into its Platform, allowing Buyers to evaluate the Product they purchased and their shopping experience. These reviews influence the process of referencing, dereferencing, and ranking Merchants and their Products on the Platform.
To subscribe to the newsletter, the User simply needs to enter their email address in the designated field on the Platform.
Any use or reproduction of elements of the Platform for non-private purposes is strictly prohibited. The Platform and its content (texts, graphics, images, videos, etc.) are protected by intellectual and industrial property rights owned or licensed by Utylink. Users are granted a non-exclusive, personal, and non-transferable right to use the Platform solely for their needs during its use. This right does not result in the transfer of intellectual property to the User. The use of provided elements for any purpose other than their intended use is prohibited.
Utylink owns and produces the databases present on the Platform, subject to the rights held by the Merchants. Users acknowledge that these data are legally protected, and it is forbidden to extract, reuse, store, reproduce, or retain, in whole or in part, the content of these databases substantially or otherwise, when such actions exceed normal use. Any repeated extraction or reuse of the databases is also prohibited.
The information on Product Pages (photos, descriptions, etc.) is provided by Merchants under their full responsibility. Utylink declines any liability concerning potential third-party rights violations related to this content. If an infraction is noted, Utylink commits to promptly removing the disputed content from the Platform once informed.
When using the Platform, Utylink collects and processes personal data from Users. For more details, please refer to our data protection policy, accessible here. To request content removal, the User must write to Awelnet SAS at the following address: 15 rue des Halles 75001 Paris, specifying their contact details, the description of the content, the reasons for the request, and the relevant URL. Any unfounded request for content removal is punishable by a fine and imprisonment under the law.
Utylink mainly acts as a representative of Merchants, facilitating their connection with Buyers. According to the LCEN law, Utylink is not liable for illegal content stored on the Platform if it is unaware of it or if it promptly acts to remove the data. Utylink disclaims any responsibility for information provided by Merchants, reviews posted by Buyers, or damages related to the use of the Platform’s Services unless proven negligence.
These Terms and Conditions are governed by French law. In case of translation, only the French text is authoritative in case of a dispute. The consumer may choose the competent jurisdiction according to the Consumer Code. Utylink subscribes to the FEVAD mediation service (FEVAD Consumer Mediator, BP 20015 - 75362 PARIS CEDEX 8) for amicable resolution of unresolved disputes. The European online dispute resolution platform (http://ec.europa.eu/consumers/odr/) is also available to European Union consumers.
The Platform offers a sales space for professionals ("Pro Buyers"), where they can place Orders and access specific offers for professionals ("Pro Products"), as well as other Products available on the Platform.
Only "Pro Buyers" established in France and able to prove their professional status can access the Platform and order "Pro Products." To do this, the Pro Buyer must:
Access to the Platform is free for Pro Buyers. Professional information, such as the Company Registration Number, company name, and contact details, is required. Utylink may request additional documents, such as a Kbis extract or its equivalent, to validate orders.
The Pro Buyer is required to comply with all the rules outlined in the Platform's General Terms of Use, which fully apply to their usage of the Platform and the Services offered.
The prices for "Pro Products" are displayed in euros, excluding value added taxes ("Excl. Taxes") and including value added taxes ("Incl. Taxes"). A Pro Buyer will receive an invoice either by email upon order confirmation or within the package. For non-"Pro Products" orders, the Buyer can directly request an invoice from the Merchant.
The Pro Buyer assumes full liability for the use they make of the Platform and Services, in accordance with applicable law. They must ensure to use the Platform in compliance with the law in force and these specific terms of use. The Pro Buyer agrees to: provide reliable and accurate information to prove their professional status; not impersonate a third party, especially a professional. In the event of fraud or impersonation, Utylink reserves the right to immediately suspend the User's account and take necessary measures. Utylink disclaims any responsibility in case of non-compliance with these obligations.