Version of 19 May 2021
NUMISTA, a French simplified joint-stock company with a single shareholder, registered with the Trade and Companies Register of Antibes under number 827 463 183, whose registered office is located at 1 Avenue des Frères Olivier 06600 ANTIBES, FRANCE (hereinafter "NUMISTA" or the "Operator") publishes and operates the NUMISTA Platform, which is accessible at the following address: https://en.numista.com/ (hereinafter "the Platform").
The Platform offers various features to Collectors as well as a service by which Collectors will be put in contact with each other for the exchange of coins and banknotes.
In this context, we remind you that the Operator acts:
These ToU are available at the bottom of each page of the Platform via a hypertext link and can thus be read at any time.
By using the Platform, the User acknowledges that he/she has the necessary means and skills to use the features offered on the Platform.
The equipment required to access and use the Platform is at the User's expense, as are any telecommunications costs incurred by its use.
NUMISTA can play two distinct roles on the Platform:
The Platform published by NUMISTA proposes a matchmaking service, by electronic means, to the Collectors allowing them in particular to exchange Collector's Items.
NUMISTA has no control over the execution of the exchange of Collectibles and does not intervene in the relationship between the Collectors.
The Registrations of Collectibles are established by the Collectors.
NUMISTA is paid by advertising and through a Premium Subscription offered to Users, whose subscription is governed by the Terms and Conditions of Subscription.
NUMISTA also proposes directly on the Platform other Services for Collectors.
As an online platform operator, NUMISTA acts in a neutral, clear and transparent way.
NUMISTA does not have any capital link or any legal dependence with one of the Collectors referenced on the Platform which would influence the classification or the referencing of the Collectibles.
The Collectibles and more precisely the Catalogue Pages are presented to internet users on the Platform according to the User's choice:
The default sorting is as follows: by country of issue (alphabetical order), by quotation (chronological order), by face value, by date, by commemorated event and by title.
On each Catalogue Page, an extract of the list of Collectors offering this type of Collectible Object is presented in random order. It is possible to access the details by year of issue. For each year of issue, the Collectors are displayed in random order.
On the page that displays all Active Collectors who offer Collectibles for trade:
The default sorting is random, but it is possible to sort by alphabetical order of the User's name, by rating following the evaluations of the Swaps, by country, by number of Collectibles offered by the Collectors and which could be of interest to the User (according to the defined wishes), the number of Collectibles offered for Swap by the User and which could interest the Collector (according to the defined wishes), by date of registration on the Platform, and by distance (according to the location provided by the Collector and that of the User).
It is specified that Collectors who meet one of these criteria are never listed on the Platform:
If the number of unique monthly visitors on the Platform is greater than five million, NUMISTA will publish a charter of good practices that it undertakes to respect as an online platform operator.
Once an agreement has been reached with a Collector, the other Collector can leave a review of their exchange experience.
The Collector will be able to indicate a rating between 0 and 5 stars and post a comment.
The review will be visible on the rated Collector's profile page.
If the rating is less than 5 stars, the rated Collector may post a response below the rating.
In addition, the Collector may also rate an outing by indicating a title, a rating and a comment within the dedicated tab of the Platform.
As part of the publication of online reviews carried out on the Platform, the Operator hereby expressly undertakes to provide Users with fair, clear and transparent information on the methods of publication and processing of online reviews. In this respect, NUMISTA undertakes to display the date of the notice and any updates.
In case of control of the reviews, the Operator undertakes to ensure that the processing of personal data carried out within this framework complies with the French Data Protection Act No. 78-17 of 6 January 1978 (“loi informatique et libertés”), as amended, and the GDPR.
No compensation is provided by NUMISTA in exchange for the publication of a Collector's review.
The maximum period of publication of a review is 365 days.
The maximum period of retention of a review on the Platform is 3650 days.
Finally, NUMISTA provides a free feature that allows any User to report a problem on a review, by sending an email to firstname.lastname@example.org
A posteriori, and in case of a relevant report, NUMISTA undertakes to remove a review if it:
The reviews can be modified at the request of the author of the review. In this respect, the author shall contact the Operator by private message on the Platform in order to request the modification.
Any User can access the Platform and benefit from the Services described in section 8.1 of these ToU.
In order to benefit from all the Services offered on the Platform and to be able to trade with other Collectors, the User must first create an Account to become a Collector.
Account creation on the Platform as a Collector is free.
To create an Account, the User is invited to click on the "Register" button and to complete all the required information. The Username and the password chosen will constitute the Identifiers.
The User wishing to become a Collector must provide the Operator with accurate, fair and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties and communicate to the Operator any necessary update of the data communicated upon Account creation.
Finally, the User shall validate these ToU before finalising his or her account creation.
The Collector will then receive a confirmation email allowing him or her to activate his or her Account.
The Collector agrees to create only one Account on the Platform. The Operator will not be liable in any way for the harmful consequences that could result from the use of multiple Accounts for a single Collector.
The User is entirely responsible for the accuracy and updating of the data communicated in the context of the opening and management of his or her Account.
The Collector shall be solely liable for the use of his or her Identifiers or actions taken through his or her Account.
In the event that a Collector discloses or uses his or her Identifiers in a manner contrary to their intended purpose, the Operator may suspend the Account.
Under no circumstances shall NUMISTA be held liable in case of theft of a Collector's identity. Any access and action carried out from a Collector's Account will be presumed to be carried out by this Collector, insofar as the Operator is not obliged to and does not have the technical means to ensure the identity of persons accessing the Platform from an Account.
Any loss, misappropriation, or unauthorised use of a Collector's Identifiers and their consequences are the sole responsibility of the User, who is required to notify NUMISTA, without delay, by email sent to the following address: email@example.com.
The Collector may close his or her Account at any time. The Collector must connect to his or her Account, click on "Settings", and then on "Close my account".
The Account will be immediately deactivated.
Without being registered on the Platform, any internet user can benefit from the following Services:
From the Platform, the internet user can consult the Catalogue of coins and banknotes proposed on the Platform by Collectors.
To narrow its search, the internet user can filter the results of the Catalogue Pages and choose only certain categories (continent, period).
The internet user can also add criteria to its search (e.g., type, reference, vintage, weight, diameter or length/width, inscription, etc.) or view Collectibles recently added to the Catalogue.
Users may view Collectibles.
Users may view Collector Registrations.
More precisely, the Collectibles offered for exchange on the Platform are visible either on the list of Collectibles of each Collector, this list being accessible from his or her profile and from the "Swaps" page, or on the list of Collectibles offered for exchange for a given type of coin or banknote, accessible from the Catalogue Page describing this type of coin or banknote.
By clicking on the "Forum" tab, internet users can consult the messages published on the Platform's forum but will not be able to reply to them without having an Account.
From the dedicated tab, the users can consult the articles published in Numisdoc concerning the following topics
Internet users can also search for content using the Platform's search engine.
To be able to write an article, the user must be registered on the Platform.
By clicking on the "Outings" tab, any Internet user can access the numismatic outings identified. They can also customise their search according to the place, dates and type of outing (fair, expo, shop, market, museum, auction, and Numista outing).
To report an outing, the user must have an Account on the Platform.
In addition to the Services available to any internet user, any Collector registered on the Platform will have access to the following additional Services:
The Collector can create Catalogue Pages describing the types of coins and banknotes for encyclopaedic purposes.
The Catalogue Pages will be checked by an Administrator in order to verify the accuracy of the data by crossing the information with various numismatic sources. The Administrator also enforces the recommendations of modification of the Catalogue.
For more details, the User is invited to consult the following page: https://en.numista.com/numisdoc/articles/catalogue_guidelines.php.
Any Collector may enter his or her collection of Collectibles into the Platform.
The Collector may associate each Registration with a Catalogue Page and complete it with additional information about the Collectible (condition, commentary, availability for exchange etc.)
For more details, the Collector can consult the page accessible at the following address: https://en.numista.com/numisdoc/add-your-coins-to-your-numista-collection-a-quick-tutorial-144.html .
The Collector must complete the form to request the addition of a coin or banknote and create or modify a previous Registration.
The photographs of the Collectibles may come either from the Collector himself or herself, who may indicate his or her name in the credit line under the photograph, or from NUMISTA's partners who authorise the Collector to reuse said photographs free of charge on the Platform. In this second case, the Collector will select the website of origin, which will result in the display of a link under the photograph.
The Administrators do not validate the Registrations made by the Collectors.
The Collector's coins and/or banknotes must be entered in order to proceed with Swaps.
In accordance with Section 8.2.2. hereof, the Collector may register his or her Collectibles on the Platform and specify the type of coin or banknote, the condition, photographs and comments. There is no limit to the number of Collectibles that may be added to the Platform by each Collector.
Thus, the Collector has the possibility to manage his or her collection by keeping the inventories accessible online and by storing his or her comments and photographs. The photographs are limited to a total of 500 Mb. By subscribing, the Collector will have more storage space.
The Collector may at any time consult his or her collection of Collectible Items using the "My coins", "My banknotes" and "My exonumia" links accessible on his or her Account. Only applicable links are displayed. If the Collector has not saved any coins or banknotes, only the "My coins" link will be displayed.
The Collector can also view a dashboard with various statistics and data on his or her collection and export this information in an Excel document.
Through the Platform, NUMISTA puts Collectors in contact with each other in order to carry out exchanges.
Collectors are reminded that presenting oneself as a consumer while acting in the context of a regular or usual professional activity may be considered as a misleading commercial practice punishable by 2-year imprisonment and a fine of 300 000 euros.
The amount of the fine may be increased in proportion to the benefits derived from the offence, to 10% of the average annual turnover, calculated on the last three known annual turnovers at the date of the facts or to 50% of the expenses incurred for the implementation of an advertisement or the practice constituting this offence
(Section L.132-2 of the French Consumer Code)
Any Collector has the possibility to exchange Collection Items from his or her collection registered on the Platform or to enter new Collection Items to be exchanged.
They can also define the criteria for the coins they wish to exchange with another Collector.
To find another Collector wishing to exchange his or her Collection Items, the Collector may either:
Collectors can then access a dedicated interface on the Platform, allowing them to select the Collectibles for the Swap and validate the Swap. At this stage, the Collectors can discuss the terms of the Swap via a private message service and communicate their addresses to each other.
There can be no financial consideration in the context of the Swap.
The Collectibles are then generally sent by post by the Collectors.
The Operator is only an intermediary in the context of the matchmaking of the Collectors carrying out a Swap and that does not intervene within the scope of this Swap of Collectibles.
As part of the fight against fraud, NUMISTA implements the following means:
In accordance with Section 6 hereof, the Collector may publish a review on the Platform.
The discussion forum allows Collectors to discuss on the Platform and, more specifically, to share information or ask questions related to coins and banknotes and to propose improvements or corrections to the Platform.
Any Collector will be able to post messages on the forum.
Volunteer moderators enforce the forum's user's charter, which invites, in particular, to be courteous.
Any message that is aggressive, political, commercial or disclosing the personal information of other Collectors, and more generally not respecting the provisions of Section 9.1. of these ToU will be deleted.
The Moderators may also deny access to the forum to Collectors who do not respect the forum's user charter, either temporarily or permanently.
Numisdoc is a collaborative encyclopaedia composed of articles on various topics related to numismatics, coin and banknote collections and the use of the Platform.
Any Collector can publish an article within Numisdoc, bearing in mind that any article is read and, if necessary, corrected by a Moderator before publication.
The Platform proposes a space dedicated to the census of places and outings dedicated to coins and banknotes.
Any Collector can suggest an outing on the Platform, bearing in mind that all content is reviewed and if necessary corrected by a Moderator before publication.
Collectors may indicate the outings to which they plan to participate.
In accordance with Section 6 hereof, any Collector may review an outing.
From the "Messages" tab accessible on his or her Account, the Collector may send private messages to other Collectors.
From his or her Account, the Collector can update his or her personal information as well as the information on his public profile, accessible on the Platform.
From this tab, the Collector may choose a privacy option so that his or her Collectibles and related information are visible to any internet user, only to Collectors, or only to the Collector.
Optional Services (no advertising and 10 GB of storage space) are offered to Collectors who have taken out a Premium Membership.
To find out the corresponding financial terms, the Collector is invited to make a request by sending an email to the Operator at the following address: firstname.lastname@example.org
Subscription to a Premium Membership is governed by the Terms and Conditions of Subscription.
As a referee, every Administrator has an interface on the Platform dedicated to the administration of coins and banknotes of one or more countries. From this space, the Administrator can check the Catalogue Pages and accept or refuse them.
The Administrator will be able to modify the Catalogue Pages relating to the coins and/or banknotes of the countries for which he or she is in charge.
The Moderators have access to features that allow them to moderate the contents of the forum or to ban Collectors. From a dedicated validation space, the Moderators can also validate the contents of Numisdoc and the releases.
Each User must :
Pursuant to the legal and regulatory provisions in force and in accordance with the French Act of 29 July 1881 relating to the freedom of the press, the User must not publish messages or information:
The general obligation of the Operator is a best-effort obligation. NUMISTA has no obligation to achieve a result or reinforced best efforts of any kind.
The Operator will undertake to use all means to ensure continuity of access and use of the Platform 7 days a week and 24 hours a day.
However, NUMISTA draws the attention of the Users to the fact that the current communication protocols via the Internet do not allow to ensure the transmission of electronic exchanges (messages, documents, identity of the sender or the recipient) in a certain and continuous way.
In addition, in accordance with the provisions of Sections L.111-7 et seq. of the French Consumer Code, as an online platform operator, NUMISTA must provide clear, transparent and fair information on the terms and conditions of its intervention, in particular within Section 5.2. of this Contract.
NUMISTA is not liable in particular in case of:
In the event of abnormal use or illicit exploitation of the Platform, the User is solely liable for any damage caused to third parties and for the consequences of any claims or actions that may result from this.
The Users recognise that NUMISTA has the quality of host within the meaning of the Section 6 I 2° of the French Act No. 2004-575 of 21 June 2004 related to the trust in the digital economy known as “Loi pour la confiance dans l’économie numérique” or “LCEN”.
As such, the Operator may remove any content that will have been reported to him and that it will consider as obviously illegal within the meaning of Section 6 I 2° of the LCEN.
The notification of the obviously illegal contents by a User or any other third party must be done by electronic mail to the address email@example.com or by registered letter with acknowledgement of receipt to NUMISTA - 1 Avenue des Frères Olivier - 06600 ANTIBES, FRANCE.
In accordance with Section 6 I 5° of the LCEN, the notification, to be valid, must include the following elements:
Any dispute arising between Collectors will be dealt with between them, the latter remaining solely responsible for the Swap of Collectibles carried out via the Platform.
For any claim made by a Collector, the other Collector concerned will be informed within twenty-four (24) business hours by the Operator.
In any event, the Collector must respond to this claim within forty-eight (48) working hours of notification of the claim.
Concerned about the image of its Platform, the Operator invites the Collector to do its best to amicably settle any dispute between him or her and the other Collector.
All Users warrant that they comply with their social and tax obligations arising from the use of the Platform and the exchange of Collectibles.
In this respect, all Users are invited to consult Appendix 1 and, if necessary, with the tax authorities.
The Operator shall not be liable if the non-performance or delay in performance of any of its obligations described in these ToU is due to force majeure.
Force majeure occurs in contractual matters when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from fulfilling its obligation.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated, and the parties are released from their obligations under the conditions provided for in Sections 1351 and 1351-1 of the French Civil Code.
In the event of the occurrence of one of the aforementioned events, NUMISTA will endeavor to inform the User as soon as possible.
In the course of using the Platform, Collectors may display photographs, trademarks, logos, designs and other models (Content) belonging to them or to third parties.
Any Collector reproducing Content through the Platform warrants that he/she has the right to display all Content.
In any case, NUMISTA will not be held liable for any act of counterfeiting, given its simple quality of host of the Content published by the Collectors.
The User acknowledges the intellectual property rights of the Operator on the Platform, its components and the contents related to it and waives to contest these rights in any form whatsoever.
The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Platform, with the exception of the Content published by the Collectors, are the exclusive intellectual property of NUMISTA and may not be reproduced, used or displayed without express authorisation, or otherwise face legal proceedings.
Any display or reproduction, total or partial, of the Platform and its contents, by any process whatsoever, without the prior express authorisation of NUMISTA, is prohibited and will constitute an infringement punishable by the provisions of the French Intellectual Property Code.
In particular, the Operator expressly forbids:
The Operator grants a personal, non-exclusive and non-transferable license to the Users authorising them to use the Platform and the information it contains in accordance with these ToU.
Any other use of the Platform and its contents is excluded from the scope of this license and cannot be made without the prior express authorisation of the Operator.
NUMISTA is likely to collect personal data as part of the operation of the Platform
These data are necessary for the management of the Platform, for the provision of the Services and for the matchmaking of Collectors. These data will be retained confidentially by NUMISTA for the needs of the contract, its performance, and in compliance with the law, for a period of 3 years from the end of the commercial relationship if you are a customer or from your last contact if you are not yet a customer.
The data may be communicated in whole or in part to NUMISTA's service providers.
In accordance with the French Data Protection Act No. 78-17 of 6 January 1978, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, known as the GDPR), the Operator ensures the implementation of the rights of the data subjects.
The User whose personal data is processed has the right to access, rectify, update, data portability and deletion of information concerning him/her, as well as a right to limit the processing in accordance with Sections 49, 50, 51, 53 and 55 of the French Data Protection Act and the provisions of Articles 15, 16, 17 and 18 of the General Data Protection Regulation (GDPR).
In accordance with the provisions of Section 56 of the French Data Protection Act and Article 21 of the GDPR, the User may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and without charge.
The User can also define the fate of his or her data after death and choose that NUMISTA communicates or not his or her data to a third party that the User will have previously designated.
The User can exercise his or her rights by sending an email to the address firstname.lastname@example.org or by sending a letter to: NUMISTA - 1 Avenue des Frères Olivier - 06600 ANTIBES, FRANCE.
Finally, the User may also lodge a complaint with the supervisory authorities, in particular the French Commission Nationale de l’Informatique et des Libertés(the “CNIL”) ( https://www.cnil.fr/fr/plaintes)
The Collector may, as the data controller, have to collect and process the personal data of another Collector in the context of a Swap of Collectibles carried out from the Platform for the sole purpose of carrying out the Swap concerned or for delivery. It may also retain Collectors' data in order to meet his or her legal obligations or to manage any disputes with these Collectors. In accordance with the regulations, the Collector will delete the personal data of other Collectors after the necessary period.
The Collector warrants that it processes this data in compliance with the rights and obligations arising from the French Data Protection Act and the GDPR, bearing in mind that the processing of data in the domestic context does not fall within the scope of the GDPR.
Any questions or complaints regarding the use or operation of the Platform can be made in the following ways:
If any provision of these ToU is found to be invalid by any applicable legislation or regulation and/or by a court decision, it shall be deemed unwritten and shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The ToU may be modified and updated by NUMISTA at any time, in particular to adapt to legislative or regulatory changes.
The applicable ToU are those in force at the time of the browsing on the Platform.
The fact that one of the Parties has not demanded the application of any clause of these ToU, whether permanently or temporarily, shall in no case be considered as a waiver of said clause.
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these clauses, the titles will be declared non-existent.
In case of any discrepancy between the English language version and the French language version of this Agreement, the latter must prevail.
THESE TOU, AS WELL AS THE RELATIONS BETWEEN THE USER AND NUMISTA, ARE GOVERNED BY FRENCH LAW.
In the event of a dispute between NUMISTA and a User concerning the interpretation, performance and termination of these ToU, the Parties will endeavor to settle it amicably.
In such a case, the User is first invited to contact the Operator's customer service by email at email@example.com or by mail at the following address: NUMISTA - 1 Avenue des Frères Olivier - 06600 ANTIBES, FRANCE.
If no agreement is reached, an optional mediation procedure will be proposed, conducted in a spirit of fairness and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including those concerning its validity.
To initiate this mediation, the consumer User may contact the following mediator: Centre de médiation des conciliateurs de justice (CM2C), who may be contacted by post at the address 14 rue Saint Jean – 75017 PARIS, FRANCE, by email to firstname.lastname@example.org, or by filling in a form on the website accessible at the following address: https://www.cm2c.net/declarer-un-litige.php.
The Party wishing to initiate the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the dispute.
The mediation is not mandatory. The User or NUMISTA can withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT MAY HAVE GIVEN RISE TO MEDIATION WILL BE REFERRED TO THE COMPETENT COURT.
Online platform operators have an obligation to inform any user who carries out commercial transactions on their platform.
Useful information is gathered in educational sheets, recalling the rules applicable to the declaration of income and the payment of social contributions.
This information can be found at the following addresses:
We remind you that the explanations below are given for information purposes only and do not replace the reading of French legislative instruments, administrative comments and case law. We would also like to insist on the fact that the rules set out above are subject to change (in particular the different thresholds which are reassessed each year) and that each User of the Platform is solely responsible for his or her legal obligations.
In addition, the tax authorities and social security funds are able to complete this basic information and answer any questions.
NUMISTA therefore recommends that all Users contact their tax office, social security office or a specialist adviser in case of doubt.