Terms of Service and Sale

1. Definitions

• "Platform" means the EncoreLeo website, accessible at ribbonroute.com (and any associated subdomains), operated by Gymnamo.
• "Gymnamo", "we", "our", "us" means Gymnamo, the company that operates the Platform.
• "User", "you", "your" means any person accessing the Platform or creating an account on it.
• "Seller" means a User who publishes a listing to sell an item.
• "Buyer" means a User who purchases or wishes to purchase an item.
• "Listing" means any offer to sell a leotard published on the Platform.
• "Content" means any text, image, message, or data published by a User.

2. Scope and Acceptance

These Terms of Service and Sale (hereinafter "Terms") govern access to and use of the EncoreLeo Platform. By accessing the Platform, creating an account, publishing a listing, or making a purchase, you agree to be bound by these Terms in their entirety.

EncoreLeo is a marketplace connecting buyers and sellers of pre-owned and custom rhythmic gymnastics leotards. EncoreLeo is not a party to transactions between Users and acts solely as a technical intermediary. Gymnamo does not manufacture, own, store, or ship any items.

We reserve the right to modify these Terms at any time. Changes take effect upon publication on the Platform. Your continued use of the Platform after publication of changes constitutes acceptance of those changes.

3. Eligibility and User Accounts

You must be at least 18 years of age to create an account on EncoreLeo. By creating an account, you represent and warrant that you are at least 18 years old. If we discover that a User is under 18, we reserve the right to immediately suspend or delete their account without notice.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

You agree to provide accurate, complete, and current information when registering and to keep this information up to date.

Only one account per person is permitted. Gymnamo reserves the right to merge or delete duplicate accounts.

4. Listings and Seller Obligations

Listings must relate exclusively to rhythmic gymnastics leotards and related items authorised by the Platform. The Seller warrants that they are the legitimate owner of the item or have authorisation to sell it.

The Seller agrees to:

• Describe the item accurately and completely, including any defects or wear
• Provide authentic and recent photographs of the item
• Set a reasonable and honest price
• Provide accurate measurements when requested
• Ship the item within the agreed timeframe after the transaction
• Comply with all applicable laws, including tax reporting and declaration obligations

The Seller is solely responsible for the accuracy of their listing, the quality of the item, packaging, shipping, and compliance with all legal obligations (including tax obligations). EncoreLeo assumes no responsibility for the accuracy of descriptions, conformity of items, or the successful completion of transactions.

5. Buyer Obligations

The Buyer is solely responsible for verifying the accuracy of listing information (description, measurements, condition, photos) before making a purchase. The Buyer acknowledges that items are pre-owned or custom-made and may show signs of wear.

The Buyer agrees to:

• Read the description carefully and examine photos before any purchase
• Ask the Seller questions via messaging before buying if in doubt
• Complete payment within the agreed timeframe
• Behave respectfully and in good faith in all interactions

EncoreLeo does not guarantee the conformity of items to Sellers' descriptions. Purchases are made at the Buyer's own risk. We strongly encourage Buyers to communicate with the Seller and request additional information before making a purchase.

6. Transactions and Payments

Transactions are concluded directly between the Seller and the Buyer. Payment, shipping, and delivery are arranged between the parties. EncoreLeo does not participate in the payment process and is not responsible for disputes relating to payments, delivery, or the condition of items.

EncoreLeo may, at its discretion, implement integrated payment services in the future. Any changes to the payment model will be communicated to Users.

7. Moderation and Monitoring

EncoreLeo actively moderates listings and messages exchanged on the Platform. Listings are subject to review before publication. We use automated tools (including artificial intelligence) and human moderation to verify content compliance.

We reserve the right to:

• Read, review, and analyse any Content posted on the Platform, including private messages, for moderation, safety, and compliance purposes
• Refuse, edit, or remove any listing or content, at our sole discretion
• Suspend or delete any account that violates these Terms or community guidelines
• Report any illegal content to the relevant authorities

Users are required to report any inappropriate, fraudulent, or illegal content they encounter on the Platform.

8. Account Suspension and Termination

Gymnamo reserves the right to suspend, restrict, or delete any User account and/or any listing, at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, deceptive, or bad-faith behaviour
• Posting inappropriate, offensive, or illegal content
• Prolonged account inactivity
• Abuse of the Platform
• Creation of multiple accounts
• Failure to meet the minimum age requirement of 18
• Any other reason we deem necessary to protect the Platform, its Users, or third parties

In the event of account deletion, personal data will be handled in accordance with our Privacy Policy.

9. Prohibited Conduct

• Post listings for items other than rhythmic gymnastics leotards and authorised related items
• Provide false information in listings or profiles
• Harass, threaten, or insult other Users
• Attempt to circumvent moderation or security systems
• Use the Platform for unauthorised commercial purposes or spam
• Manipulate prices, reviews, or the rating system
• Collect personal data from other Users
• Use bots, scrapers, or any unauthorised automated tools
• Circumvent Platform messaging to avoid moderation
• Any illegal activity or conduct in violation of applicable laws

10. AI-Generated Content

EncoreLeo uses artificial intelligence to generate presentation images of leotards and to moderate content. These AI-generated images are clearly identified with an "AI" badge and do not represent real people.

Listing descriptions may be enhanced by AI. Users are responsible for reviewing and validating any AI-generated content before publication.

11. Limitation of Liability

EncoreLeo provides a content hosting service within the meaning of Article 6-I-2 of the French LCEN (Loi pour la Confiance dans l'Économie Numérique) and acts as an information society service provider within the meaning of the UK Online Safety Act 2023.

To the fullest extent permitted by applicable law:

• EncoreLeo shall not be held liable for the content of listings published by Users
• EncoreLeo does not guarantee the quality, safety, legality, or conformity of items sold
• EncoreLeo is not responsible for the performance of transactions between Users
• EncoreLeo does not guarantee uninterrupted availability of the Platform
• Gymnamo's total liability to any User, regardless of cause, shall not exceed the greater of €100 or the total fees paid by the User to EncoreLeo in the preceding 12 months
• In no event shall Gymnamo be liable for indirect, incidental, special, consequential, or punitive damages

Nothing in these Terms limits Gymnamo's liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Gymnamo, its directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your breach of these Terms; (c) your listings, content, or transactions; (d) your infringement of any third-party rights.

13. Withdrawal Rights

Consumer-to-consumer (C2C) sales: In accordance with French and European law, the 14-day withdrawal right under the Consumer Rights Directive does not apply to sales between private individuals. However, EncoreLeo encourages parties to act in good faith.

Sales by professional sellers: In accordance with Articles L.221-18 et seq. of the French Consumer Code and the UK Consumer Contracts Regulations 2013, the Buyer has 14 days from receipt of the item to exercise their right of withdrawal. Return shipping costs are borne by the Buyer unless otherwise agreed by the Seller.

14. Pricing and Business Model

EncoreLeo reserves the right to change its pricing, service fees, commissions, and business model at any time. This includes, without limitation, the introduction of:

• Listing fees
• Sales commissions
• Premium subscriptions or paid features
• Promotion or featured listing fees
• Any other monetisation model

Any pricing changes will be communicated to Users with reasonable notice. Continued use of the Platform after new pricing takes effect constitutes acceptance of those changes.

15. Intellectual Property

All elements of the Platform (design, text, images, software, logos, database) are the exclusive property of Gymnamo or are used under licence. Any reproduction, even partial, is prohibited without prior authorisation.

By posting Content on the Platform, you grant Gymnamo a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to use, reproduce, modify, display, and distribute such Content for the purpose of operating the Platform, including for promotional purposes.

16. Dispute Resolution

Between Users: Disputes between Buyers and Sellers must be resolved directly between the parties. EncoreLeo is neither a mediator nor an arbitrator and assumes no responsibility for resolving disputes between Users. We may, at our sole discretion, provide information to help facilitate resolution, but have no obligation to do so.

With EncoreLeo: In the event of a dispute with EncoreLeo, the parties shall first seek an amicable resolution. You can contact us at contact@gymnamo.com. If no amicable resolution is reached, you may use a consumer mediator in accordance with Articles L.611-1 et seq. of the French Consumer Code. As a last resort, French courts shall have jurisdiction.

UK Residents: If you are a UK resident, you retain all rights afforded to you under the Consumer Rights Act 2015. Nothing in these Terms affects your statutory rights.

17. Governing Law

These Terms are governed by French law. If you reside in the United Kingdom, you also benefit from the protection of mandatory UK laws, including the Consumer Rights Act 2015 and the Data Protection Act 2018. In the event of a conflict between French law and mandatory local consumer protections, the provisions most favourable to the consumer shall apply.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

19. Contact

For any questions regarding these Terms, you can contact us at:

Gymnamo
E-mail : contact@gymnamo.com