Terms and Conditions of Sale
Translation notice. This is a translation provided for convenience. Only the French version is legally binding (clause on language). Read the original in French →
These terms and conditions of sale (hereinafter the "T&Cs") govern the contractual relationship between the company Horizon Investissement, publisher of the Milodomain.com platform, and any person using said platform to bid on a top-level domain name .fr (hereinafter the "Customer"). They apply to the exclusion of any other terms, including those issued by the Customer.
Article 1 — Identification of the publisher
The Milodomain.com platform is published by:
- Corporate name: Horizon Investissement
- Legal form: simplified joint-stock company with sole shareholder (SASU)
- Share capital: €20,000
- Registered office: 78 avenue des Champs-Élysées, Office 326, 75008 Paris, France
- Paris Trade and Companies Register (RCS) no. 538 158 106
- SIRET no.: 538 158 106 00038
- EU VAT no.: FR25538158106
- EUID: FR7501.538158106
- President: Jérôme Guiffault
- Email: [email protected]
Horizon Investissement carries on the activity of registrar accredited by the official Registry of the .fr extension (the AFNIC). In this capacity, it directly transmits to AFNIC, via the technical protocols provided for (EPP), the requests for registration, modification and transfer of domain names. Its AFNIC accreditation number is set out in the legal notices.
Article 2 — Purpose
Milodomain.com is a private allocation auction platform for top-level domain names .fr. It enables the Customer to:
- consult the list of domain names whose deletion by AFNIC is planned in the short term and which Horizon Investissement will attempt to register in its name (operation known as a "snap");
- place bids on these domain names within the framework of fixed-term sales;
- be allocated, in the event of allocation, successful snap and full payment of the price, the allocated domain name as the new holder with AFNIC.
Horizon Investissement acts as seller of the rights of use over the domain names that it registers in its own name following the snap operation, to the exclusion of any brokerage activity or sales mandate on behalf of third-party holders. No sales mandate is entrusted by any third party to Horizon Investissement: the domain names put up for auction correspond exclusively to domain names being naturally released by AFNIC, which Horizon Investissement registers on its own behalf. Milodomain.com therefore constitutes neither a marketplace between third-party holders, nor a voluntary public auction sale of movable goods within the meaning of Articles L. 321-1 et seq. of the French Commercial Code.
In the event of a successful snap, the domain name is registered on a provisional basis in the name of Horizon Investissement with AFNIC. Horizon Investissement acts in this respect as intermediate holder, solely pending payment by the designated beneficiary Customer. The transfer of ownership to the Customer takes place upon confirmation of full payment, by means of the change-of-holder operation ("internal trade") provided for by the AFNIC procedures.
The use of this intermediate holding does not confer on Horizon Investissement any operating rights over the domain name. Horizon Investissement expressly refrains from making any use of it other than that strictly necessary to preserve the rights of the designated beneficiary Customer pending the holder trade.
Article 3 — Definitions
In these T&Cs, the following terms shall have the meaning indicated:
- AFNIC: Association française pour le nommage Internet en coopération, the official Registry of the .fr extension.
- Registrar: company accredited by AFNIC to operate requests for registration, modification and transfer of domain names.
- Snap: technical operation by which a registration request is transmitted to AFNIC immediately after the actual deletion of a domain name, with a view to allocating it to a new holder.
- Bid: firm and irrevocable offer placed by the Customer on a listed domain name, expressed in euros excluding tax.
- Allocation: allocation of the bid to the Customer who placed the highest offer at the close of sale.
- AuthCode: outbound transfer code generated by the registrar, allowing the holder to transfer their domain name to another registrar.
- Account: personal area of the Customer on Milodomain.com, access to which is protected by a username and password.
- AFNIC Contact: all of the holder's information (first name, last name, postal address, telephone, email) registered in AFNIC's WHOIS database.
Article 4 — Registration and acceptance of the conditions
Access to the bidding features is reserved for Customers with an account. Registration is free and open to:
- natural persons of legal age with legal capacity;
- legal entities duly represented by an authorised person.
The creation of the account requires the complete entry of the following information: first name, last name, postal address, postal code, city, country, telephone number, email address and password. The complete and accurate nature of this information is an essential condition of the contract, given that it serves to constitute the AFNIC Contact of the Customer in the event of allocation.
Upon creating the account, the Customer accepts these T&Cs, the general terms of use, the legal notices and the privacy policy of Milodomain.com without reservation. This acceptance is materialised by the full reading of the contractual documents — the acceptance button being enabled only after complete scrolling of the text — followed by a single check box. The acceptance is timestamped, recorded in the registers of Horizon Investissement and enforceable against the Customer.
The Customer undertakes to keep their information up to date for the entire duration of their registration. Any subsequent modification of the contact information is made from their personal area.
Article 5 — AFNIC Naming Charter
The registration and operation of a domain name under the .fr extension are subject to the AFNIC naming charter and technical rules, accessible at any time on the website www.afnic.fr. By creating their account and placing a bid, the Customer acknowledges having read these rules and undertakes to comply with them. The Customer in particular confirms:
- that they have a connection with the European territory in compliance with AFNIC requirements;
- that they do not infringe, by the bid-on domain name, any third-party right, in particular as regards trademarks, corporate names, surnames, geographical indications or copyright.
Article 6 — Bidding process
6.1. Publication of sales and categorisation
Milodomain.com publishes each day the list of domain names put up for auction. Domain names are classified into two display categories, depending on the quality and depth of the market data available about them:
- Standard category — the listing publicly displays the current bid, number of bids, closing date and the applicable minimum entry bid. This minimum entry bid is set by default at €30 excl. VAT. For certain domain names, Horizon Investissement may set a minimum entry bid higher than €30 excl. VAT, determined on the basis of an internal appreciation taking into account objective criteria specific to the domain name (technical quality, age, notoriety indicators, demand signals). As long as no bid has been placed on the listing, Horizon Investissement reserves the right to adjust this minimum entry bid upwards or downwards depending on the evolution of this appreciation. As soon as a first bid is placed, the minimum entry bid is definitively frozen and can no longer be modified. The Customer is, in any event, informed on the domain name listing, in an apparent manner and prior to any bid, of the exact amount applicable at the time they commit.
- Premium category — the listing does not publicly display the current bid or the internal valuation of the domain name. Access to this information is obtained by placing a minimum bid of €30 excl. VAT in accordance with article 6.2 below. This category groups together domain names for which Horizon Investissement has external valuation elements (public market signals such as competing bids observed, SEO metrics, age).
The category of a domain name is unambiguously indicated on its listing. Horizon Investissement reserves the right to modify the category of a domain name as long as no bid has been placed.
6.2. Minimum bid and access to the premium listing
The minimum bid allowing one to bid on any domain name, whether in the standard or premium category, is at least €30 excl. VAT, and may be higher than this amount where the listing displays, in accordance with article 6.1, a higher minimum entry bid. This minimum bid constitutes a firm and binding offer from the Customer, and not an immediate payment. No debit, no bank pre-authorisation and no security deposit are taken at the time a bid is placed. The collection of sums due only occurs under the cumulative conditions provided for in article 7 below (successful snap and designation of the Customer as beneficiary).
For domain names in the premium category, placing a minimum bid of €30 excl. VAT opens to the Customer access to the following elements, from their enriched listing: the current bid, the number of bids placed, the reserve price set by Horizon Investissement (article 6.3), as well as the list of identifiers of other bidders (article 6.8).
The minimum increments between two successive bids are set at +€10 above the displayed current bid. Horizon Investissement reserves the right to adjust the increment on listings displaying high amounts, in reasonable proportions and indicated on the relevant listing.
6.3. Internal reserve price and right of non-allocation
For domain names in the premium category, Horizon Investissement sets a reserve price within the meaning of the rules governing voluntary auction sales (Articles L. 320-1 et seq. of the French Commercial Code, by analogy). The reserve price constitutes the threshold below which Horizon Investissement reserves the option not to allocate the domain name, in accordance with the usual practice of reserve-price sales. This reserve price is set on the basis of objective public market signals (competing bids observed on specialised marketplaces) and is ordinarily set below the prices observed on those marketplaces.
The reserve price is not displayed publicly. It is revealed to the Customer as soon as they have placed a first minimum bid of €30 excl. VAT on the relevant listing, in accordance with article 6.2. As a fairness measure, as soon as the current bid reaches half of the reserve price, the latter becomes publicly visible on the listing.
At the close of the sale, two scenarios are possible:
- Winning bid greater than or equal to the reserve price — The Customer who placed the highest bid is designated beneficiary. The allocation is firm and gives rise, subject to the success of the snap, to the invoicing provided for in article 7.
- Winning bid lower than the reserve price — Horizon Investissement may, on objectively justified grounds, either allocate the domain name to the highest bidder at the amount of their bid, or not allocate the domain name. The decision not to allocate is based on objective and previously announced criteria, namely in particular a manifestly excessive gap between the winning bid and the estimated market value of the domain name in light of observed market conditions (competing bids observed on specialised marketplaces, sales history of comparable domain names, public SEO signals such as notoriety metrics and age). In the event of non-allocation, no debit is made and no sum is owed by the Customers who bid.
The Customer expressly acknowledges that the reserve-price mechanism constitutes a previously accepted condition of the sale's organisation, and that they cannot claim the automatic allocation of a domain name below the reserve price, nor damages in the event of non-allocation under the conditions referred to in this article. Before placing any bid on a premium listing, the Customer is informed in a clearly visible manner that the sale is not perfected below the reserve price and that there is a real risk of non-allocation despite a higher bid than that of other bidders.
6.4. Firm and definitive nature of bids
Any bid placed definitively binds the Customer and may not be withdrawn or reduced. The Customer must only bid up to the amount they are actually prepared to pay. A bid placed by mistake — in particular due to inaccurate entry — remains enforceable against the Customer. The firm nature of the bid is traceable by means of the server timestamp, IP address, account session verified by email and mobile phone, and prior acceptance of these T&Cs.
6.5. Anti-sniping mechanism
In order to preserve the fairness of the sale, any bid placed within the last 3 minutes preceding the close automatically extends the duration of the sale, such that the sale remains open for at least 3 minutes from the timestamp of the new bid. This sliding extension is repeated as long as bids continue to be placed within the 3 minute window; failing a new bid for 3 consecutive minutes, the sale closes automatically. The cumulative extension is capped at 60 minutes (one hour) beyond the initially scheduled closing time.
6.6. Reference timestamp
Only the timestamp of the Milodomain.com servers, synchronised with a reference time server, shall prevail in the event of a dispute relating to the moment of placement or close of a bid. The countdown displayed on the Customer's screen is provided for purely informational purposes and cannot be relied upon against Horizon Investissement in the event of any discrepancy with the server time.
6.7. Identification of the designated beneficiary Customer
At the close of the sale and subject to the reserve-price rules provided for in article 6.3, the Customer who placed the highest bid is declared the designated beneficiary. This designation is provisional as long as the snap with AFNIC has not been confirmed. The designation becomes definitive upon confirmation of the snap. In the interval between the close of the sale and the snap operation, Horizon Investissement prepares the EPP registration request from the AFNIC Contact information appearing in the designated beneficiary Customer's account. The status of the bid can be consulted at any time from the Customer's personal area.
6.8. Bidder identifier
To preserve the confidentiality of Customers while allowing the sale to be tracked, each Customer is assigned, upon creation of their account, a random and stable bidder identifier, made up of one or two letters and three digits (for example: X247, DY418). This identifier is unique per account, immutable for the entire duration of the account, and is not reassigned to another Customer in the event of account deletion. It is the only identifier displayed on the bidder lists of enriched listings (article 6.2). No other personal information (name, email, city, etc.) is exposed to other bidders.
6.9. Cancellation or rescheduling for serious technical anomaly
In the event of detection of a serious technical anomaly liable to affect the fairness of the bidding or the reliability of the capture operations — in particular: failure of an infrastructure provider, failure of the temporal synchronisation of the servers, major incident affecting AFNIC's systems, prolonged unavailability of the platform in the hours preceding the close, or manifest display error on a domain name's listing —, Horizon Investissement reserves the right to cancel the auction or to reschedule it to a later date, with no indemnity on either side. The Customers concerned are informed without delay by email. In the event of cancellation, no sum is owed nor collected; in the event of rescheduling, the Customer retains the right to withdraw their bid before the new close.
Article 7 — Price, means of payment and VAT
7.1. Price
The price owed by the designated beneficiary Customer corresponds to the amount of their winning bid, including all charges and snap fees. No additional service or transfer fees are charged by Horizon Investissement in respect of the registration operation and the initial one-year operating period of the domain name.
7.2. Value added tax
The prices displayed are expressed exclusive of tax. The applicable value added tax is added to the price at the rate in force on the invoice date:
- Individual or business Customer located in France: 20%;
- Business Customer located in another Member State of the European Union, having a valid EU VAT number: reverse charge — VAT not invoiced;
- Customer located outside the European Union: outside the scope of French VAT, on supporting evidence.
7.3. Means of payment
Payments are made by bank card or SEPA transfer, through the payment service provider Stripe, whose terms and privacy policy govern the processing of payment data. Horizon Investissement does not retain any bank card data.
7.4. Payability of the price
Placing a bid gives rise to no debit, no bank pre-authorisation and no security deposit. The price is only payable by the designated beneficiary Customer subject to the following cumulative double condition: (i) the snap with AFNIC has been successfully completed, and (ii) Horizon Investissement has confirmed the allocation of the domain name to the Customer. The price is then payable immediately, within the time conditions set out in article 9.1. The corresponding invoice is issued and made available in the Customer's personal area within twenty-four hours following receipt of payment.
7.5. No debit in the absence of a successful snap or non-allocation
In accordance with the principle known as "no catch, no pay", no sum is owed by the Customer in any of the following cases: (i) failure of the snap operation for any reason whatsoever, (ii) non-allocation of the domain name in application of the right provided for in article 6.3 (winning bid below the reserve price), (iii) cancellation of the allocation prior to execution of payment. The Customer is released from any financial commitment in these cases. As no bank pre-authorisation can exist by construction, no funds blocking has to be released.
Article 8 — Mandate of representation and holding
8.1. Express mandate
The Customer grants an EXPRESS MANDATE to Horizon Investissement to, in the event of a successful snap, proceed with the registration of the domain name IN THE NAME AND ON BEHALF OF the Customer with AFNIC. The mandate is granted free of charge within the framework of the present service.
8.2. Provisional intermediate holding
For technical reasons relating to the EPP registration timing and the securing of the operation, the domain name is registered on a PROVISIONAL basis in the name of Horizon Investissement, which then acts in the capacity of agent of the Customer. This intermediate holding is strictly limited to the period necessary to secure the allocation and the full payment of the Price by the Customer.
8.3. Prohibition of use by the agent
During this period, Horizon Investissement expressly refrains from making any use of the domain name, from transferring it to a third party, or from disposing of it in any manner whatsoever. The mandate automatically ends upon confirmation of the transfer of ownership to the Customer.
8.4. Transfer of ownership after payment (AFNIC internal trade)
Upon confirmation of full payment by the designated beneficiary Customer, Horizon Investissement proceeds with the change of holder of the domain name in favour of the Customer, by means of the operation known as "internal trade" provided for by the AFNIC procedures. This transfer of ownership is free of charge for the Customer, effective within a maximum of 48 hours business hours following payment, and retains the initial expiry date of the domain name.
8.5. Access to advanced management features
The Customer has, from the allocation, read access to the domain name information from their personal area (name, expiry date, AFNIC status). Access to advanced management features — in particular the modification of DNS servers, issuance of the outbound transfer AuthCode, extension of the registration period and modification of the technical Contact — is, however, only opened from the confirmation of full payment and the execution of the holder trade provided for in article 8.4. Until that date, Horizon Investissement ensures the technical continuity of the service using the default settings.
8.6. Outbound transfer to another registrar
From the holder trade in favour of the Customer, the latter may at any time request to transfer their domain name to another registrar. The AFNIC AuthCode, valid for a single use, is made available to the Customer free of charge from their personal area. Any fees applied by the destination registrar are the sole responsibility of the Customer. In accordance with the AFNIC rules in force since 1 July 2015, the change of registrar ("transfer") and the change of holder ("trade") constitute two distinct operations and may not be combined into a single procedure.
8.7. Duration and renewal
The initial registration duration included in the allocation price is one (1) year from the effective date of registration with AFNIC. Subsequent renewals are invoiced at the rates in force indicated on Milodomain.com, with no tacit renewal. Failing renewal by the Customer, the domain name is released according to the AFNIC rules.
Article 9 — Default of payment and wrongful conduct
9.1. Time limit for regularisation
In the absence of payment by the designated beneficiary Customer within a period of 48 hours following confirmation of the allocation (successful snap), Horizon Investissement sends the Customer a formal notice by email granting them an additional period of 72 hours to regularise the payment.
9.2. Termination and penalty clause
In the absence of regularisation within the additional period of 72 hours provided for in Article 9.1, the allocation is automatically terminated as of right, without any further formality.
Horizon Investissement is then entitled to demand from the defaulting Customer, as a contractual penalty clause, a fixed indemnity intended to cover the administrative and technical costs incurred as well as the commercial loss resulting from the default, calculated as follows:
- a fixed amount of five (5) euros excluding tax;
- plus ten per cent (10%) of the price excluding tax of the allocated bid;
- the whole within an overall cap of fifteen per cent (15%) of the price excluding tax of the allocated bid, plus VAT.
This indemnity is payable as of right from the termination, without prejudice to the right of Horizon Investissement to claim, where appropriate, additional damages if the loss actually suffered should prove to be greater.
In accordance with Article 1231-5 of the French Civil Code, the parties expressly acknowledge that the court may, of its own motion or at the request of the Customer, reduce or increase the amount of this penalty clause where it appears manifestly excessive or derisory in light of the loss actually suffered by Horizon Investissement.
This penalty clause applies to contracts concluded with any Customer, whether acting as a consumer or as a professional.
9.3. Escalation to subsequent bidders
In the event of resolution for default of payment, Horizon Investissement may, at its sole discretion, propose the allocation of the domain name to the bidders who placed an offer, in descending order of the amounts offered, at the price of each of these offers, subject to acceptance and payment by the bidder solicited. The proposal is made by email and opens a period of 48 hours to the bidder solicited to accept and proceed with payment; failing a response or acceptance within this period, Horizon Investissement may solicit the next bidder in descending order, until acceptance by one of them or exhaustion of the list. In the event of exhaustion of the list without any bidder having accepted, the domain name may be integrated into the direct sales catalogue of Horizon Investissement.
9.4. Suspension and exclusion
Horizon Investissement may immediately and without notice suspend access to the account of a defaulting Customer. Any repeated offence, any manifestly fraudulent conduct (use of multiple accounts, false information, placing of bids without genuine intention to acquire) may result in the definitive exclusion of the Customer, without prejudice to any legal action.
Article 10 — Customer's warranties and liability regarding third-party rights
10.1. Prior warranty
The Customer warrants, at the time of placing their bid, that they have carried out the usual checks to ensure that the domain name does not infringe third-party rights, in particular as regards trademarks, corporate names, trade names, geographical indications, copyright, as well as the rules of the AFNIC naming charter.
10.2. Indemnification
The Customer undertakes to indemnify Horizon Investissement for any claim, proceedings or conviction, of whatever nature, that may be directed against Horizon Investissement on account of the registration or operation of a domain name allocated to the Customer, including SYRELI or PARL proceedings before AFNIC, UDRP proceedings, infringement actions, unfair competition or parasitism actions. This obligation of indemnification covers all costs incurred, including legal and court costs.
This obligation of indemnification does not apply where the damage finds its principal cause in fault attributable to Horizon Investissement, in particular in the event of editorial promotion of a domain name that Horizon Investissement would have knowingly maintained for sale despite knowledge of a characterised infringement of a third-party right.
10.3. Pre-filtering
Horizon Investissement implements prior filtering procedures intended to exclude from auction those domain names manifestly contrary to third-party rights, in particular through automated consultation of trademark databases. This filtering, however, only constitutes a measure of diligence and does not in any way replace the Customer's own checks. It may not be interpreted as a legal validation of the domain name by Horizon Investissement, creates no presumption of lawfulness of the domain name and does not shift the liability of the Customer in the event of infringement of third-party rights.
Article 11 — Notification and takedown procedure
Any person who considers that a domain name put up for auction or allocated infringes their rights may send a substantiated notification to Horizon Investissement, via the form accessible at the address [email protected]. The notification must include:
- the complete identity of the notifier (or their representative);
- the domain name in question;
- the description of the right invoked and the corresponding supporting documents (trademark certificate, RCS extract, etc.);
- the grounds on which the domain name is deemed to infringe said right;
- a sworn statement attesting to the good faith of the notifier.
Horizon Investissement examines the notification within a period of 48 hours business hours. In the event of a manifestly well-founded notification, Horizon Investissement may, without this constituting an admission of liability, withdraw the domain name from sale or, if it has already been allocated, inform the designated beneficiary Customer and suspend technical operation pending an amicable resolution between the parties or a decision by the competent bodies (AFNIC, SYRELI, courts).
Article 12 — Right of withdrawal
12.1. Nature of the service and starting point of the period
The service acquired by the Customer on Milodomain.com consists of a service of attempting to capture and allocate a domain name with AFNIC, comprising:
- the technical preparation of the snap operation;
- the reservation of the dedicated technical and operational resources;
- the execution of the EPP capture command at the exact moment of the release of the domain name by AFNIC;
- and, in the event of success and payment, the execution of the change-of-holder operation ("internal trade") in favour of the Customer.
This service begins immediately after the close of the auction, as soon as the registration request is prepared. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the consumer Customer has, in principle, a period of fourteen (14) days to exercise their right of withdrawal from the conclusion of the contract.
12.2. Exception to the right of withdrawal (Article L. 221-28, 1° of the French Consumer Code)
In accordance with Article L. 221-28, 1° of the French Consumer Code, the fourteen-day right of withdrawal cannot be exercised on contracts for the supply of services fully performed before the end of the withdrawal period, where:
- performance has begun after the consumer's prior express agreement; and
- the consumer has expressly acknowledged that they would lose their right of withdrawal once the contract has been fully performed.
By clicking on the "Bid" button on a listing, the consumer Customer:
- expressly requests that the domain name capture attempt service begins immediately after the close of the auction, before the end of the fourteen-day period;
- expressly acknowledges that they will lose their right of withdrawal once the service has been fully performed, that is, as soon as the capture attempt has been carried out (whether it results in a successful capture or in a snap failure).
The fact that payment occurs after the close of the sale, after confirmation of a successful snap, has no impact on this qualification: the core of the service (preparation, mobilisation of resources and execution of the capture attempt) is accomplished as soon as the snap attempt is carried out.
The waiver thus collected is enforceable against the consumer Customer only insofar as it has been presented in a clear, apparent and distinct manner, in accordance with the requirements of Article L. 221-25 of the French Consumer Code.
12.3. Exercise of the right of withdrawal and partial performance of the service
In the event that one of the conditions of Article L. 221-28, 1° is not met (no express agreement on immediate commencement or no express waiver), the Customer retains the right to exercise their right of withdrawal for fourteen (14) days from the conclusion of the contract, including where the capture attempt has already begun.
In the event of exercise of the right of withdrawal after the success of the capture attempt but before the effective transfer of the domain to the Customer with AFNIC, the Customer acknowledges that the substantial part of the service (capture procedure, registration fees paid to AFNIC, mobilisation of technical and operational resources) has already been performed.
In application of Article L. 221-25, second paragraph, of the French Consumer Code, the proportional amount owed for the service already provided may then include:
- all the registration fees paid to AFNIC for the domain name concerned;
- as well as a reasonable amount intended to cover the technical and administrative costs incurred by Horizon Investissement, up to a cap of fifteen (15) euros excluding tax in respect of these administrative costs alone.
12.4. Procedures and refund
The Customer exercises their right of withdrawal by any means unequivocally expressing their wish to withdraw, and in particular by email sent to [email protected] specifying the domain name(s) concerned.
Where the right of withdrawal is validly exercised, Horizon Investissement refunds the sums owed to the Customer within a maximum period of fourteen (14) days from receipt of the withdrawal request.
Unless otherwise agreed by the Customer, the refund is made using the same means of payment as that used for the initial transaction; in the event of technical impossibility, it may be made by any other appropriate means (in particular SEPA transfer), without additional cost for the Customer.
The amount refunded corresponds to the price paid by the Customer, inclusive of all taxes, less, where applicable, the proportional amount owed for the service already performed as defined in paragraph 12.3 above.
Article 13 — Liability of Horizon Investissement
13.1. Best-efforts obligation
Horizon Investissement is bound by a best-efforts obligation in the performance of its services. It does not guarantee the absolute availability of the platform nor the systematic success of a snap operation, which depends on technical factors and market conditions beyond its control (availability of the AFNIC infrastructure, competition from other registrars, network latency, etc.). The Customer expressly acknowledges that the service is of an aleatory nature, within the meaning of the general law of contracts (Articles 1128 et seq. of the French Civil Code), and accepts this aleatory nature by registering for the auction.
13.2. Liability cap
The total liability of Horizon Investissement towards the Customer, all causes combined, may not exceed the amount excluding tax actually paid by the Customer in respect of the disputed allocation. This limitation does not apply in the event of gross or wilful misconduct attributable to Horizon Investissement, nor in the event of bodily injury, nor in cases where such limitation would be prohibited by law.
13.3. Exclusion of certain damages
Horizon Investissement may in no event be held liable for indirect damages suffered by the Customer, in particular operating losses, loss of turnover, loss of opportunity, loss of clientele, loss of image or ranking, even where such damages were foreseeable.
Article 14 — Force majeure
Neither party may be held liable for non-performance or delay in the performance of its obligations if such results from a case of force majeure within the meaning of article 1218 of the French Civil Code. Are in particular considered as cases of force majeure, without this list being exhaustive: failures, interruptions or unilateral modifications of the AFNIC systems, computer attacks affecting a service provider or supplier, prolonged interruptions of telecommunications networks, natural disasters, armed conflicts, acts of terrorism, decisions by public authorities making performance impossible.
If the case of force majeure continues beyond 90 consecutive days, each party may terminate the contract by written notification, without indemnity on either side.
Article 15 — Personal data
The processing of the Customer's personal data is described in detail in the privacy policy, which forms an integral part of these T&Cs. Horizon Investissement acts as data controller within the meaning of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and of Law no. 78-17 of 6 January 1978 as amended.
Article 16 — Complaints and consumer mediation
16.1. Complaints
Any complaint relating to the service may be sent to Horizon Investissement by email to [email protected] or by post to the address set out in the legal notices. Horizon Investissement undertakes to acknowledge receipt of the complaint as soon as possible and to provide a reasoned response within a reasonable period not exceeding thirty (30) days from its receipt.
16.2. Consumer mediation
In accordance with Articles L. 611-1 et seq. of the French Consumer Code, the consumer Customer who has not obtained satisfaction after having submitted a written complaint to Horizon Investissement under the conditions of article 16.1 is informed that they may use, free of charge, the consumer mediation service to which Horizon Investissement is a member. The contact details of the competent mediator are made available in the legal notices and, in the absence of effective membership at the date of consultation, on simple request to the address [email protected].
16.3. European Online Dispute Resolution platform
In accordance with Regulation (EU) No 524/2013 of 21 May 2013, the Customer may also access the European Online Dispute Resolution (ODR) platform at the address ec.europa.eu/consumers/odr.
Article 17 — Applicable law
These T&Cs, as well as any contract concluded between Horizon Investissement and the Customer, are governed by French law, to the exclusion of any conflict-of-laws rule that would lead to the application of another law.
Article 18 — Competent jurisdiction
In the absence of an amicable resolution or by way of mediation, any dispute relating to the formation, performance, interpretation or termination of these T&Cs shall be submitted to the exclusive jurisdiction of the Paris Judicial Court, or the Paris Court of Economic Activities depending on the nature of the dispute.
This jurisdiction clause does not prevent the application of the mandatory protective rules of the French Consumer Code for the benefit of the consumer Customer, who retains the option of bringing proceedings before the court of their domicile.
Article 19 — Language, modifications and severability
19.1. Language of the contract
These T&Cs are drawn up in the French language, which alone shall prevail between the parties. Any translation that may be offered on Milodomain.com is provided for information purposes only and may not prevail over the French version in the event of a divergence in interpretation.
19.2. Modifications
Horizon Investissement reserves the right to modify these T&Cs at any time. Any substantial modification is brought to the Customer's attention at least 15 days before its entry into force, by email or notification in their personal area. Continued use of the platform after the entry into force of the modifications constitutes acceptance. Failing acceptance, the Customer may terminate their account free of charge before the entry into force. Bids in progress at the date of the modification remain governed by the version in force at the time they were placed.
19.3. Severability
If one of the stipulations of these T&Cs were declared null or unenforceable by a competent court, the other stipulations would retain their full effect. The null stipulation would be replaced by a valid stipulation reflecting as closely as possible the initial intention of the parties.
19.4. Duration
The duration of the contract concluded in respect of an allocated domain name corresponds to the duration of validity of said domain name with AFNIC. The obligations whose nature implies an application beyond this duration (in particular articles 10, 13, 17 and 18) survive the termination of the contract.