Legal terms and conditions of use

Last modified: Thursday 17/03/2011

General

  1. On accessing the website on this and on each subsequent occasion the User will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it.
  2. In order to place an item for sale, make an offer or a purchase it is necessary to register and comply with the general terms and conditions.
  3. Refusal to accept the terms and conditions may result in the user being asked to cease use of the website.
  4. The following sets out the terms covering the use of the company EXAPRO s.a.r.l’s services and all web sites operated by it, i.e www.exapro.fr, www.exapro.it and www. exaplace.com
  5. Exapro s.a.r.l (“EXAPRO”) is a French company subject to French law, registered at the Registre du Commerce et des Sociétés de Saumur under number SIRET N° 45155749000021, with their office at 4 place Marc Leclerc in Saumur. Code NAF 4614Z.

Definitions

Services provided by EXAPRO

  1. EXAPRO establishes contact between an offer and a demand. The supplier offers to the client goods against payment. The purpose of EXAPRO therefore is to list the goods and services provided and facilitate transactions between Buyers and Sellers whilst acting as an independent intermediary
  2. EXAPRO does not sell anything. Thus, EXAPRO does not provide any after-sale services. The role of EXAPRO is the same in all of the websites that it operates.
  3. EXAPRO exits once the sale has been concluded and benefit solely as a broker but not as an administrator or agent. Exapro is not a party in the transaction. In this role, the broker has the obligation to take the proper steps to conclude the contract being mediated, without dealing directly with the operation unless there is a special arrangement, Exapro, as an intermediary, does not negotiate the contract. This task is incumbent upon the people that Exapro has placed in contact
  4. Operations made through the intermediary of EXAPRO do not constitute public auctions (see Article L.321-3-2 of the French Commercial Code)
  5. Each seller benefits from free choice: through free evaluation, and may choose the best offer where several offers are available (Various criteria: amount offered, solvency of the buyer, conditions of payment.)
  6. The data for the goods on offer are the property of EXAPRO, but as an intermediary, the said goods are not the property of EXAPRO.
  7. In any case, EXAPRO cannot be considered to be subordinate to, mandate for or create a business with its users. Acting solely for themselves, the parties to the contract act independently on their own account.
  8. The purpose of the service provided by EXAPRO is to provide the means for a successful transaction. EXAPRO does not guarantee the results.
  9. The service proposed by EXAPRO conforms to regulations and legislation in operation. It is exercised in respect of existing standards.

Commission

  1. Each deal treated by EXAPRO is subject to a commission. The commission is paid even in the case where one of the parties has previously been a client.
  2. When the transaction has been established, EXAPRO will invoice the seller for their commission plus VAT.
  3. The scale of commission is available on our website www.exapro.eu. It is up to the parties to refer to this table in order to avoid any discrepancies.
  4. The commission due by the seller is deducted from the buyer’s deposit. The balance is transferred to the seller by the bank on the instructions of EXAPRO.
  5. All payment made to EXAPRO by one of the parties is acquired and cannot be refunded.
  6. In the event of non-payment at the expiry date of any amount due by the Seller or the Buyer to EXAPRO, the Seller or the Buyer will be indebted immediately and without warning to EXAPRO of late payment interest calculated from the first day of delay at the rate of one and a half times the rate of the legal interest applied to the initial amount.

Use of Exapro’s service and website

Maintenance of the services or web site

As an internet marketplace, EXAPRO is a technical platform with a high performance database accessible 24/7. We will need to carry out routine maintenance and serving of our servers and equipment from time to time. While we seek to keep disruption to a minimum we cannot guarantee that the website will be continuously available online. We therefore provide the website on an “as is” and “as available” basis. As a result, EXAPRO cannot be held responsible for technological limitations related to Internet (all of the performances and risks).

Fees

As the nature of its service, EXAPRO as an independent broker sets in contact buyer and seller. As a result, all costs and overheads (equipment, communication etc) necessary to use the site are borne by the users.

Links to third parties

  1. This web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. EXAPRO does not operate or control in any respect any information, software, products or services available on such web sites. EXAPRO’s inclusion of a link to a web site does not imply any endorsement of those services or the web site, its contents or its sponsoring organization.
  2. EXAPRO makes no warranty that the website (or websites which are linked to the website) are free from computer viruses or any other malicious or impairing computer programs. It is the users’ responsibility to ensure that appropriate virus checking software is used.
  3. Besides, since EXAPRO s.a.r.l cannot control these sites and these sources, EXAPRO s.a.r.l cannot be held responsible for the availability of such sites and sources, and cannot take any responsibility as to contents, ads, products, services or any other material available on or from these external sites or sources.

Cookies

  1. The users authorize EXAPRO s.a.r.l to deposit a “cookie” on the hard drive of their computer and to authorize them to use the resultant information.
  2. A “cookie” is a unique identification code that enables us to recognize your computer and store setting to help facilitate your use of our site.
  3. If you share your computer EXAPRO advise that you disconnect if a cookie has been left active. If you need more information about cookies please visit http://www.about cookies.org/

Data protection

  1. We are grateful for the trust you place in us for the protection of your personal information. EXAPRO undertakes to protect and treat all of your data confidentially. With this declaration, you accept that EXAPRO may collate, treat and use the information for its own purposes. However, it is possible for you to change the agreement at any moment with immediate but not retroactive effect.
  2. In accordance with the Law N° 78-17 of 6 of January 1978 (Data Protection Law) relative to the protection of individuals with regard to the treatment of personal data and modified by the law 2004-801 of the 6th of August 2004, any Buyer or Seller has a right to access, modify or extract any personal information relating to any individual that has already been made known to EXAPRO during use of the site.
  3. A Buyer or Seller has also the right to oppose transmission of information about himself to a third party by notifying EXAPRO s.a.r.l of that opposition to the following address: 4 place Marc Leclerc, F49400 SAUMUR, in France.
  4. All client information remains confidential. However sharing of information is necessary in certain cases : in a court case, legal obligation, respect of the general terms and conditions of use, the general conditions of sale, to complete an agreement, to reply to charges regarding the violation of third party rights, to protect the rights and interests of EXAPRO s.a.r.l, its users and the general public.
  5. Sharing of information can take place with a third party in regard to associate companies, public or private sector agencies, services rendered by a third party, or in the case of a transfer of company or activity. Information shared in this way will not be used for marketing purposes. In any other cases, EXAPRO engages to ask for your agreement.

Copyright and Trademark notices

  1. All rights including copyright in the content of these web pages and in the photographs of any equipment displayed on the website from time to time and all database rights in our database of equipment are owned and controlled for these purposes by us.
  2. All trademarks, names and logos are the proprietary marks of us or of our associated companies. Trademarks identifying third parties or their associated companies are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers any license or right under any trademarks names or logos.

Registration

  1. Registration is free and under no circumstances should be subject to payment.
  2. EXAPRO reserves the right to approve all new registration and to verify or have verified all or part of the information furnished by the user after registration.
  3. EXAPRO is under no circumstances liable for the communication of information by the user that is false, wrong, misleading, defamatory or libelous.
  4. Registration constitutes the acceptance of the general terms and conditions of use. EXAPRO strongly recommend that the user become fully aware or any related terms and conditions or regulations in force.

Obligations of the Seller

  1. The governing regulations in operation are those relating to long distance sales under consumer law. With regard to the law of 21 June 2000 and the law “Informatique et Liberté” (data protection laws) the obligations lie with both parties. For a full list of your obligations, please consult and take notice of the texts which apply (with reference to the law of 3 January 2008, the law for the development of competition in the service of consumers (law of Chatel))
  2. The Seller engages to respect all of EXAPRO s.a.r.l’s terms and conditions. It is his responsibility to transmit his goods in accordance with the terms of the site.
  3. Principal elements to be shown within the offer by contract (see Article L121-18/Article L121-20-3 of the French Consumer Code).
    • Legal warning: the sales aspect of the information should appear clearly and understandably without ambiguity via any means adapted to sales by long distance.
    • Company name and address.
    • Home address, head office address or address of establishment making the offer.
    • Contact numbers.
    • Any means of communication that will allow a Buyer to follow his order, exercise his right to retract, check guarantees without extra cost.
    • E-mail address.
    • The time limit for sale.
    • Essential features of the goods: the Seller describes the goods but the sale must conform to the terms and conditions of EXAPRO.
    • Means of payment.
    • Any particular conditions.
    • The time limit on a contract, especially where it deals with a continuous or periodic supply of goods or services.
    • If necessary, subscriber number to RCS, RP, CS or VAT number.
  4. The Seller must ensure that he has all the necessary rights and authorizations to put his goods on sale, said goods should not interfere with any regulation in force or with any third party rights.
  5. The Seller is obliged to deliver to the Buyer the goods which are the subject of the sale. Handling, transportation, customs charges and, generally, all expenses related to the removal of goods are, by default, at the Buyer's expense.
  6. The setting on sale of goods implies negotiation of the price of the said goods between Buyer and Seller. The seller is free to determine the asking price and the reserve price of goods as well as the time limit for sale of the said goods.
  7. EXAPRO reserves the right to remove any goods placed on sale, for any reason, at any moment and without so doing engaging its liability, without prejudice to its other rights and resorts, by simple e-mail notification.
  8. EXAPRO cannot guarantee that several offers will be received. EXAPRO reserves the right to cancel a sale in a case where no offer has been registered on the site, equal to or superior to the initial price or at the reserve price.
  9. Within 72 hours of a sale being concluded with a buyer, the Seller is bound to inform EXAPRO s.a.r.l of all sales operations concerning the said goods, if not he may be made liable.
  10. The Seller is legally responsible for the proper execution of any obligations resulting from the sale. However, the Seller can be exonerated from part or all of his responsibility by giving evidence of non fulfillment or improper fulfillment of the sale, an unpredictable or insurmountable act by a third party or in the case of force majeure. (article L121-20-3 of the Consumer Code)

Obligation of the buyer

  1. The regulations are governed by section “long distance sales” of the French Consumer Code. With regard to the law of 21 June 2004 and the law of 6 August 2004 (Data Protection Laws), obligations lie with both parties. For a complete list of your obligations please verify those texts in force (with reference to the law of 3 January 2008 said law for the development of competition in service of the consumer (law of Chatel)).
  2. The Buyer agrees to respect the whole of the conditions set forth by EXAPRO. It is his responsibility to transmit to EXAPRO his offer in accordance with site guidelines.
  3. The Buyer is solely responsible for his Offer. It is up to him to make sure that he has the proper rights and the means to purchase any item for which he bids.
  4. The highest bid may not necessarily be the most successful.
  5. Each Offer engages the Buyer to negotiate with the Seller the purchase of a chosen item. He may retract his offer as long as it has not been selected by the seller.
  6. Transport, maintenance, customs and all of the expenses linked to transfer of goods are, by default, at the expense of the buyer.
  7. With his Offer, the Buyer guarantees to be in possession of the sum required for the purchase of the selected item. Otherwise, and further to e-mail warning, the Buyer may be removed from the site without any further warning.
  8. The Buyer must make payment on the date and place designated for the sale.
  9. The Buyer takes delivery. In the case of non-fulfillment, the Seller can refuse to execute his own obligations and ask for resolution of the sale or its enforcement.
  10. Any Buyer whose Offer has been selected by a Seller agrees to inform EXAPRO at the earliest possible time.
  11. EXAPRO s.a.r.l reserves the right to ask the buyer for bank confirmation of funds available if the offer exceeds 50.000 euros.

Setting in contact of the Buyer and the Seller

  1. EXAPRO does not guarantee to take all Offers into account. Only the most relevant Offers will be considered. EXAPRO s.a.r.l reserves the right to refuse any offer for any reason whatsoever, at any time and so doing without engaging its liability and without prejudice to its other rights and resorts by simple e-mail notificationThe final bid is selected by the Seller. This involves a setting in contact of the seller with the buyer.
  2. Preliminary to all setting in contact, EXAPRO s.a.r.l is at liberty to ask the buyer for a deposit. In this case, the buyer must deposit, within 4 working days following notification by e-mail, an amount equal to 10% of the total value of the offer, into a special deposit account (which does not profit the buyer or the seller) on a bank suggested by EXAPRO and following their instructions, otherwise the offered may be cancelled.
  3. Where a transaction is to be carried out, the Seller and Buyer must inform jointly EXAPRO of the conditions of the transaction. This transmission of information initiates the setting in contact by EXAPRO.
  4. When a buyer has his Offer retained at the end of the time limit set for the sale, he is informed by EXAPRO that he will be placed in contact with the seller.
  5. Once the transaction has been concluded, EXAPRO will invoice the Seller for the agreed Commission.
  6. In a case where negotiations fail and a transaction is not effected, the buyer and seller engage to notify EXAPRO by letter or e-mail. In this case EXAPRO will give instructions to the bank to refund the deposit to the buyer.
  7. EXAPRO s.a.r.l reserves the right to suspend the sale of a product or interrupt at any moment any setting in contact, without reason, at any time and so doing, without engaging its liability and without prejudice to its other rights and resorts.

Sale Price

  1. The amount of the sale is deemed to be that of the initial Offer leading to the setting in contact.
  2. If following negotiations, the initial Price changes, the Seller must inform EXAPRO within 30 days of being invoiced. When the 30 days are up EXAPRO will accept no dispute.
  3. EXAPRO will adjust the Commission and send an adjusted invoice as well as a credit note on the first invoice.

Payment of the purchase

  1. Payment should be made by the buyer within thirty days of the purchase date on the bill of sale. (Invoice).
  2. Payment is made exclusively by bank transfer. However, checks issued on French banks can be accepted.

Delivery of the goods

  1. The Seller is obliged to deliver to the Buyer the goods which are the subject of the sale. Handling, transportation, customs charges and, generally, all expenses related to the removal of goods are, by default, at the Buyer's expense
  2. The Buyer takes delivery. In the case of non-fulfillment, the Seller can refuse to execute his own obligations and ask for resolution of the sale or its enforcement.
  3. Under no circumstances is EXAPRO responsible to the Buyer for non-delivery of the purchased goods, any delay in delivery, any fault in delivery or any damage to the goods purchased during its transport or its starting up.

Control by EXAPRO

  1. EXAPRO is allowed to check all information provided by the Users before dissemination, and if necessary, refuse, withdraw or remove any information.
  2. EXAPRO reserves the right to end at any moment and with immediate effect all or part of the right of access corresponding to any account or password, or even remove an account or password which is considered unused or inactive.
  3. Any cancellation of access to the service by any user can be made without notice according to the terms of this charter.

Complementary services proposed by exapro

  1. All aspects of this agreement are applicable to the services provided by the site, by third parties and affiliated companies. No others can take precedent.
  2. EXAPRO may require the services of other companies or third parties working on their behalf. The services provided by these third parties can benefit the Buyers or Sellers at their own expense and under their own liability. In no case can EXAPRO be held liable in this matter.
  3. The services provided by third parties can include links to other web sites or other Internet sources. EXAPRO s.a.r.l cannot be held responsible for any damage or losses arising from or in relation to good faith in the contents, goods or services available on these sites or external sources.
  4. The Buyers and Sellers are solely responsible for damage or prejudice which has been caused by them, directly or indirectly, material or immaterial, to EXAPRO s.a.r.l because of or within the framework of the use of a service proposed by EXAPRO s.a.r.l.

Limitation of EXAPRO’s liability

    1. The Buyer and Seller are solely responsible for any damage or prejudice, direct or indirect, material or immaterial, caused by them to EXAPRO during their use of the site.
    2. EXAPRO cannot guarantee a number of rising bids to the seller.
    3. EXAPRO does not transfer legal ownership of items from the Seller to the Buyer.
    4. EXAPRO does not guarantee the solvency or the commitment of the Buyer. EXAPRO cannot be held liable on this point.
    5. EXAPRO does not guarantee the quality, the correct operation or the conformity of the goods online on its website.
    6. In its role as intermediary, EXAPRO is in no way responsible for the execution, the conclusion or the ending of relations established between Buyer and Seller.
    7. EXAPRO cannot be held responsible to the Buyer for the quality or conformity of the item on sale on the site: it is up to the Buyer to obtain all guarantees directly from the seller.
    8. If by any Buyer or Seller, there is a breach of the present contract, a law or any applicable use or contract, they agree to indemnify EXAPRO for all requests, complaints, and/or claims for damages that EXAPRO may be threatened by or subject to.
    9. EXAPRO cannot be held liable for any financial loss, commercial or technical, that may be borne by any Seller or Buyer, such as but not only loss of productivity, loss of profit, loss of turnover, loss of orders, loss of data and/or any other financial prejudice or commercial loss, including opportunity, time or any other indirect damage, which was not predictable at the time of using the site or at the conclusion of the contract between us and them
    10. Within the boundaries of the legislation in force, EXAPRO excludes all guarantees, conditions or other arrangements.
    11. EXAPRO agrees to take all the care of the profession for the service provided. However, EXAPRO is not liable in case of accident, force majeure, unstoppable force, third party fault or the fault of the buyer or the seller.
    12. As technical intermediary, EXAPRO cannot be held liable for the violation of the Seller's obligations. Under no circumstances is EXAPRO responsible to the Buyer for non-delivery of the goods purchased, a fault in delivery or any damage to the goods purchased during its transport or its starting up.
    13. EXAPRO denies all liability if delivered goods do not respect the legislation of the country to which they have been delivered.
    14. The financial conditions of the purchase are agreed freely between the Buyer and Seller and EXAPRO in no case can be held liable for any default on payment by the buyer.
    15. EXAPRO is in no case liable for information transmitted by the seller concerning the machines.
    16. It is up to all the parties to review the regulations in place as a result of the law of 21 June 2004, Law for Confiance dans l'Economie Numerique (Law for confidence in the digital economy) and any other texts in force.

Disclaimer

        1. The site allows access to information provided by a buyer, seller or third party to EXAPRO. EXAPRO agrees to carry out the necessary checks to guarantee the precision, relevance and interest of the said information However, we cannot provide total guarantee. Under no circumstances can EXAPRO be held liable where the regulations or legislation in force have not been respected. The internet users are solely responsible for online contents.
        2. In its role as server, EXAPRO completes its mission of information by showing that it has in place descriptions and systems of alert.
        3. EXAPRO is under no obligation to check systematically the information transmitted or stocked by any other party or to carry out preliminary checks to find facts or circumstances revealing illegal activity.
        4. EXAPRO undertakes to remove any illicit contents, which may be signaled by a third party, and engages to take any steps to avoid further dissemination of those contents.
        5. Apart from a case where EXAPRO has been duly informed of illicit contents in regard to legislation in force and has not acted promptly to remove it, it cannot be held liable either for the contents or the actions of third parties, nor for the goods placed on sale.

Indemnity

            If by any Buyer or Seller, there is a breach of the present Agreement, a law or any applicable use or contract, they agree to indemnify EXAPRO for all requests, complaints, and/or claims for damages that EXAPRO may be threatened by or subject to.

Release

            If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Termination

            1. You agree that EXAPRO may immediately terminate your account and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of any agreements with EXAPRO or guidelines posted by EXAPRO, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.
            2. Termination of your EXAPRO’s account includes (a) removal of access to all offers within the Services, and (b) barring of further use of the Services.
            3. Further, you agree that all terminations shall be made in EXAPRO’s sole discretion and that EXAPRO shall not be liable to you or any third-party for any termination of your account or access to the Services.

Change to services, agreement or website

            1. EXAPRO reserves the right to alter these terms and conditions and it is the user’s obligation to check if changes have been made.
            2. Use of the website after changes are posted online shall constitute acceptance of the new terms and conditions.
            3. The User shall accept all procedures and information contained in the help pages. All modification to the site, services or procedures can be effected freely and without reserve by EXAPRO, through previous notice by any means.
            4. EXAPRO reserves the right to remove any goods placed on sale, for any reason, at any moment and without so doing engaging its liability, without prejudice to its other rights and resorts, by simple e-mail notification.

Severability

            1. In case of invalidity of any clause in the present conditions, the whole of the other conditions shall remain in force.
            2. The clause declared null and void will be replaced with a clause that most resembles the content of the clause initially annulled.

Governing law

            The general nature of the relations between EXAPRO s.a.r.l and any users of the services described on our website www.exapro.eu shall be governed by and in accordance with French law.

Dispute resolution

            Any dispute arising out of this Agreement shall be exclusively submitted to French courts.

Version

          The French version of this Agreement shall prevail over any other version in case of a dispute arising out of this Agreement.

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