Terms and Conditions of Use and Sale
The present Terms and Conditions are driven and interpreted in accordance with the French right. The French courts will be the only competent to come to a conclusion about all the litigations relating to the execution of the present Terms and Conditions likely to appear between the parts. This English document is a free translation of the French version of the Terms of Use, available by choosing the French language at the bottom of this page. We do not warrant the quality of this translation, and this English version may be an older version than the French one. In all cases, the only document of reference remains the French version. Please refer to it if you have any precise question.
These Conditions of Use and Sale (hereinafter referred to as "General Conditions") apply exclusively between the company Advisto SAS, whose registered office is at 51 boulevard de Strasbourg, 75010 Paris, France, registered with the RCS Paris under number 479 205 452 represented by Gilles Boussin, as president ("Advisto") and any legal person ("User") wishing to access services proposed Advisto described in Article 2 ("Services").
The User confirms accept all provisions of these terms and conditions. If the User does not accept the terms of the Agreement, it may submit questions in "Contact us" but the user can not access the Services.
Advisto reserves the right to modify at any time these Terms, by posting the new version on the Site. The changes are effective immediately upon being posted for the Services used the day of their online and 15 days after they are posted for the Services used prior to the last line current version of the Terms and Conditions.
L User will regularly consult the Terms and whenever he wishes to access the Services or he will order.
The provisions of this Agreement shall be governed and construed in accordance with French law. The Commercial Court of Paris will express jurisdiction to rule on any disputes concerning the implementation of these may arise between the parties.
ARTICLE 1: SERVICES ACCESS CONDITIONS
The Services are reserved for persons legally capable to sign contracts under French law. Users are required to be professionals with the ability to represent the company they represent.
Advisto reserves the right to cancel or terminate enrollment as it would discover that it does not meet one of these conditions.
ARTICLE 2: DESCRIPTION OF SERVICES
The site destockplus.com ("Site" ) is published by the company Advisto SAS. For information purposes, the editor is Gilles Boussin, our technical service (servers) is OVH, 140 Quai du Sartel - 59100 Roubaix, RCS B 424 761 419 Tel: 63 08203203.
The Site is an online media whose purpose is to enable any business trading (wholesaler, supplier, manufacturer, liquidator, etc.) to sell products via an online ad system. The site hosts the content of adverts placed online but is not involved in the transaction between buyers and sellers.
2.1 Creating an account
to access the Services, the User must register and create an account. To this end, the User must complete all mandatory fields on the registration forms.
During the online registration for the creation of an account, the User agrees to provide true, accurate, current and complete. The User undertakes not to create a false identity likely to mislead third error and maintain data without delay he provided during his online registration.
The User may at any time change the account information. If the user can not modify its information (when it has a "Verified" status for example), he may contact Advisto that will provide information necessary for the modification of this information.
When online registration, a username and a password of at least 4 alphanumeric characters will be selected by the user and allow them to access services and manage its account so that the user can only benefit from access to their personal information. The user can modify the information on its behalf, using their username and password.
A uniqueness check is performed by the system. For reasons of security and confidentiality, only the combination of these two codes allows the user to access the Services. The username and password as proof of the User's identity and commit to any use of the Services through it.
In the event that the User provides false, inaccurate, outdated, incomplete or in violation of the provisions of this Article Advisto be entitled to suspend or terminate forthwith User's account and refuse immediate and future access to all or part of the Services.
2.2 Use of id
The User shall attempt to mislead other users by usurping the name or corporate name of other persons and / or posing as an employee of Advisto a service provider or a partner . Finally, the User agrees not to use the Services as messages broadcast medium denigrating services and more generally the Advisto society.
The account and User pseudonym can not be transferred or assigned to third parties.
The User will not disclose his password to anyone. Advisto will never ask the User password via a phone call or unsolicited email.
The User must disconnect from the session and close the browser window after its work session to avoid and other users access to their personal information.
In case of use of the account by any third party due to the negligence of the User, it will bear all the consequences.
2.3 Use of Services
The inscription on the site is free, but other services are not free.
Services are provided as is by Advisto whose liability is strictly limited to compliance services to their . description on the Site at the time of registration, and in the General Conditions
Users are fully responsible for their private or public communication through the Services.
ARTICLE 3: SPECIAL DUTIES OF THE USER
3.1 Checking the contents of advertisements
User agrees to verify that products are authorized for sale and purchase by applicable law.
Although the site is opened that professionals, Advisto can not control if all users are professionals and they are reliable.
The User agrees to conduct all investigations necessary for this purpose. The User agrees to verify the accuracy of all information transmitted to it by a buyer or a seller.
3.2 Illegal content
User The agrees not to engage in any of the following activities by accessing Services :
- Disseminate information libelous, slanderous, libelous, racist, obscene, inciting violence or racial, religious or ethnic attached to pornography, pedophilia or, in general, all illegal information;
- Make use of the Services for purposes of threat, harassment or insult or, in general, in violation of the rights of third parties;
- Selling wholesale lists.
3.3 Intellectual Property
The information provided on the Site or in a email, should not:
- infringe any copyrights, patent rights, trademark rights, trade secret, other intellectual property rights, the right to disclosure or third of privacy.
This list is not exhaustive and will be at the discretion of Advisto limit or prohibit certain users if necessary access to all or part of the Site.
Prior to any offer, the user will check if any, including the reading of licenses or any conditions for use of the product sold, the rights of use of the product permitted to cede or sell it.
The User agrees to ensure that puts online ads for an authentic object and not a counterfeit. The User guarantees be authorized to sell this item.
3.4 Regulatory Compliance
User agrees to abide by the laws, regulations and standards relating to the sale, purchase, solicitation of offers to purchase or the sale of items.
In general, the User agrees not to act in a manner contrary to applicable laws and regulations.
3.5 Loyalty
The information provided on the Site or in an email, do should not:
- Contain advertisements for various websites or ads simply describing a company or service
- be false, inaccurate, misleading;
- Be fraudulent or involve the sale of counterfeit or stolen items;
- Contain computer program intended to damage or to surreptitiously intercept any computer system, data or personal information.
The User represents and warrants that the right to transmit the product (s) (s) sold (s) or sold (s) that he (s) is (are) in any given way (s), mortgaged (s), charged (s) or more generally vest (s) in favor of a third party, and that the operation he realizes is not likely to violate the rights of third parties.
The User undertakes to inform Advisto any legal action, and any complaint concerning their content he posted on the Services.
3.6 Closing the Sale
In French law, if an offer (provided that the minimum supply conditions are satisfied and in the absence of condition precedent) is accepted by the seller, the sale is normally deemed perfect. That is to say, the seller must sell the item to the buyer and the buyer must purchase the item from the seller
3.7 Status "VERIFIED"
The VERIFIED status, given to an advertiser certifies that verify their identity and that of his company was carried out following the receipt of official documents. This audit, renewed every 12 months, is by no means a guarantee on the content of ads and has no contractual value of the share Advisto.
This status does not assume any liability in case of site involvement of a user in a possible dispute earlier or later to obtain the status.
The validity of the status of "VERIFIED" is related to the duration of the subscription to the offer "Platinum" (3/12/24 months) . Throughout the period of validity of the subscription services, audit information will be held at the anniversary of the subscription. In the event of non-renewal of the subscription to the offer "Platinum" status "VERIFIED" will be removed.
In the absence of information, incorrect, false or invalid, Destockplus.com suspend the process of validating the status of "VERIFIED". This suspension does not give rise to any refund and will apply on all features on the subscribed service fee.
ARTICLE 4: CONTROL OF ADVISTO ON ADS CONTENT
Advisto not involved in transactions between Users and simply host the content of the ads posted by Users. To Advisto title should be considered a comparable online support to a technical service under the provisions of the law of 21 June 2004 on confidence in the digital economy.
Therefore Advisto has no control over the quality, safety or legality of the products offered for sale or sold, the truth or accuracy in ads placed online, vendors the ability to sell such products or the ability of buyers to pay for said products. Advisto can not ensure that the seller or the buyer will enter into the transaction.
Advisto does not control the information provided by other users and published on the Site. The user has the ability to communicate directly with potential trading partners.
The User Advisto released from liability (and its officers, directors, agents and employees) and guarantees Advisto in litigation between several users for infringement claims and any damage present or future, alleged or not found or not, arising directly or indirectly from these claims.
In accordance with the law for confidence in the digital economy of 21 June 2004, Advisto will take all measures to stop the spread of a content posted by the user which would obviously unlawful brought to its attention, including by refusing removing ads or making access impossible in.
In the case of outright fraud, Advisto communicate all necessary information, including personal and the competent services responsible for the suppression of the said fraud and offenses.
ARTICLE 5: SECURITY
Advisto agrees to use its best efforts to secure access, access and use of the Services in accordance with the rules of Internet usage.
Advisto reserves the right to suspend, without notice or compensation and without liability, access to the Site, temporarily or permanently. It does not guarantee that the Website will be available without interruption. It may suspend access to the Site for maintenance purposes and in emergencies such. He is bound by an obligation of means concerning the continuity of access to the Site.
Therefore, the responsibility of Advisto may be initiated in the following cases:
- Temporary interruptions lasting a few minutes updating of certain files;
- Operating Difficulties or temporary interruption of services beyond the control of Advisto especially in case of interruption of electric utilities or telecommunications;
- Temporary interruptions of services necessary for their development or maintenance;
- failure or malfunction of the Internet network in the transmission of messages or documents
The User agrees to the characteristics and limitations of the Internet, and especially recognize:
- Be aware of the nature of the Internet, in particular its technical performance and response time to consult, question or transfer information;
- That the communication of its potential access codes or generally any information deemed confidential is made under his own responsibility;
- it is up to him to take all necessary measures to ensure that the technical characteristics of his computer allow him the consultation of information;
- That obligation to take all appropriate measures to protect its own data and / or software from contamination by viruses circulating through the Site.
Advisto does not warrant that the Site will be error free or that any defects will be corrected.
Advisto reserves the right to send to all users emails to keep them informed of changes, modifications or additions made on the Site.
Hypertext links on the Site may refer to other sites. Advisto is not responsible for the content or actions of these sites.
Advisto is not responsible for the alteration, loss or accidental transmission of data or sending viruses transmitted via the content posted on the Site.
The User agrees not to use devices or software of any kind to interfere or attempt to interfere with the proper working of the Site. The User agrees not to take any action that would impose a disproportionate burden on the Advisto infrastructure.
The Site is subject to a security system to protect most effectively all sensitive data related to payment. When paying by credit card online, banking data is transmitted to the bank to Advisto not the Site. This transmission is done securely through data encryption by SSL (Secure Socket Layer) conducted by the Bank of Advisto.
Advisto has no access to these bank details that remain exclusively in the hands of our partner bank for the purposes of carrying out the transaction.
ARTICLE 6: ASSISTANCE
The assistance will be made by the sending a request for assistance through the contact form on the website, by email or telephone. Advisto will meet the User's needs in a timely manner within the application is sufficiently precise to be treated in good conditions.
ARTICLE 7: FINANCIAL CONDITIONS
Prices are referenced Euro excluding VAT and are automatically converted for information in other currency based on a rate updated regularly.
Advisto reserves the right to change prices at any time.
Payments are made either by credit card issued by a bank domiciled in French territory or by an international credit card or by bank check or by transfer, either in cash or through a partner organization.
The flow rate of the credit card is made at the time of validation the order. The check of the flow is performed upon receipt. In the case of payment by check, bank transfer or other non-immediate way, payment will be valid only when the corresponding amounts have been definitively credited to the account of Advisto.
The User agrees to receive invoices Advisto in electronic format only. To receive a hard copy of the invoice, the user will fill a request via the contact form available on the Site. The invoice will be sent by mail or fax to the coordinates stored in the user's profile.
The price of services is indicated in the shop of the Site.
After registering on the Site to benefit Services, the User will receive a summary email of the order and an electronic invoice for the Services to which he has access, and the corresponding price.
ARTICLE 8: TERM - TERMINATION
8.1 Services duration
At the end of the subscription to the Services and for any reason whatsoever, the user can no longer access the Services.
8.2 Termination for Cause
8.2.1 Termination of Free Services
If User's breach of the provisions of these Terms and Conditions Advisto may terminate the User's account without notice or warning. The user will be notified by e-mail confirmation of the termination of his account.
8.2.2 Termination of Paid Services
In case of failure by the User to any of its obligations under the Contract, within fifteen (15) days from the receipt of an e-mail with acknowledgment of receipt or notifying the fault (s) in question Advisto may enforce the cancellation of paid and services used, subject to any damages which it may claim.
This email will be motivated and or indicate the identified shortcomings and had no effect thereafter.
All payments to Advisto remain acquired.
8.2.3 Effect of Termination
Upon termination, the user can no longer access the Services. The User-related data will be destroyed at his request or at the expiration of the legal time period following the termination of the account of the User.
ARTICLE 9: DISCLAIMER
Advisto can not be held responsible for the inadequate services to the specific objectives that the User can consider or continue.
Advisto can not be held responsible for any loss or data corruption, any loss of profit, turnover, opportunity, time, or for any consequential damages suffered by the User.
The amount of damages, which could be sentenced Advisto is expressly limited all damages and losses, the amount of duty paid by the User Services within a year the occurrence of the damage. In the case of free delivery, liability of Advisto is expressly excluded.
The User agrees to defend and indemnify Advisto (including legal fees) and its officers, directors, agents and employees against any claim or claims by third parties, caused or resulting from a breach by the User Agreement, or the breach by the User of any law or rights of these third parties.
ARTICLE 10: INTELLECTUAL PROPERTY
10.1 Right of use on the Site
The Site, its content, its catalog, text illustrations, photographs and images are the property Advisto and / or third parties contractually bound to Advisto, holders of intellectual property rights in the Site. It is prohibited to copy and / or download all or part of the Site, its content, its catalog, its illustrations texts, photographs and images.
Advisto grants the User a right of private, personal, not exclusive, the content of the Site. This right of use includes the right to reproduce for storage for display on a single and reproduction in one copy for backup or printout. Any networking, redistribution in any form, even partial, is prohibited. This right is not transferable in any way. Any other use is subject to prior authorization and express Advisto.
The User agrees not to modify, copy, reproduce, upload, post, transmit, commercially exploit and / or distribute in any manner whatsoever the Services, the pages of the Site or the computer codes of elements comprising the Services and the Site.
The User may not reproduce, copy, sell, resell or exploit for any commercial purpose whatsoever any part of the Services, any use Service or right to access the Services.
The User agrees accordingly:
- Do download on his computer the content of the Site for personal use and limited in time to the time necessary for the use of services
- Do print on paper pages of downloaded website on condition that such copies are strictly limited to personal use.
The User acknowledges that violation of a copyright is to Advisto an offense punishable infringement in France by article L 335-2 of the Intellectual Property Code and punishable by three years imprisonment and a 300,000 euros fine.
In addition, it is recalled that no hyperlink may refer to the Site without the prior express authorization and Advisto. A lack of authorization, such a link is considered to constitute the offense of counterfeiting.
The User agrees not to use software or manual process to copy the pages of the Site or to record or collect information on these pages without the prior written consent of Advisto.
Most of the information contained on the website are updated in real time and are given license by Users or third parties. The User agrees not to copy, reproduce, alter, modify, create derivative works, or publicly disclose any part of the contents of the Site without the prior written consent of Advisto or that of third parties.
10.2 Counterfeiting
Users guarantee and indemnify Advisto first demand against damage suffered by Advisto and against any liability action that may be taken against Advisto on the basis of the violation of any rights of a third party resulting from the use of the Services by the User.
ARTICLE 11: PERSONAL DATA
While that ADVISTO make every effort to protect the personal information of the User, Advisto can not ensure or warrant the information transmitted by the user directly or through the Services, are secure.
The user therefore send such information at your own risk. Upon receipt of the data Advisto will strive to ensure its security on our systems.
To register and access the Services, the User provides a number of personal data.
The personal data are the be processed by Advisto to allow access to the Services, manage subscriptions services and trade relations with the users.
The data is also stored for security and archiving. The records are stored in computer systems in reasonable conditions of safety and will be considered as evidence of order and payment intervened. Archiving invoices is made on a reliable and sustainable manner to correspond to a faithful and durable copy pursuant to section 1348 of the Civil Code.
Advisto SAS reserves the right to use such information including traffic data to develop and market similar products and services.
Advisto agrees to implement and enforce the security measures it deems necessary to ensure the confidentiality of data collected on the Site during the period processing.
In accordance with Articles 38 and following of Law No. 78-17 of 6 January 1978, the User has the right to access and correct data concerning as well as a right to object for legitimate reasons that its data are subject to treatment Advisto. This right may be exercised directly on the Website in the "My Account" where the user can edit the personal data concerning him, by sending a message in the "Contact Us" or by writing to the address specified in Preamble of these General Conditions. If the User objects to his personal data are subject to treatment Advisto it can not access the Services.
The User is informed that ADVISTO may disclose contact information and data staff on request of the judicial authorities.
ARTICLE 12: COOKIES
Advisto automatically records some data on the habits of the user on the Site. This data is used internally to make statistics about users, their interests and behaviors. This data is compiled and analyzed in their entirety, and can include URL and IP address.
For this reason, the User is informed that the standard browsers have a feature to oppose the registration cookies.
If your browser is set to refuse access to the Services may be altered, if not impossible.
ARTICLE 13: LINKS
The Site may provide links to websites or web pages published by third parties.
Advisto will in no way be held responsible for the content of sites accessible via these links.
Advisto is not responsible for the content of advertising nor for any transactions that may take place with companies occupying these spaces.
ARTICLE 14: CONFIDENTIALITY
The User agrees to treat as strictly confidential all information may be known under the proper performance of the Services and agrees not to disclose to anyone, and for any purpose whatsoever, directly or indirectly, for the duration of the Services and for a period of 3 years from the end of the Services.
The User may not copy, transcribe or use the know-how Advisto for the benefit of any other website that or those referred to in the Agreement and any documents related thereto.
ARTICLE 15: REGULATORY COMPLIANCE
The User expressly acknowledges and agrees that use of the Services by the User can result in a qualification of "trader" within the meaning of Article L121-1 of the Commercial Code. Users are solely responsible for the legal consequences of the use of the Services.
The User remains fully responsible for his use of the Services and their compliance with applicable regulations.
ARTICLE 16: FORCE MAJEURE
If a force majeure event occur during the term of the subscription services, execution of it is suspended in the first place. If the force majeure event has a duration of existence superior to fifteen (15) days, either Party may terminate the Contract by e-mail with acknowledgment without the other party being entitled to damages in this done.
The force majeure shall include, in addition to the cases recognized by the current case law and French courts, all natural disasters, acts of war, breaches of public order, epidemics, fires, floods and other disasters, acts government, all strikes, lockouts and all electrical and technical problems external to the parties preventing communications.
ARTICLE 17: NO SOLICITATION OF PERSONAL
except by mutual written agreement of the Parties, and the User Advisto prohibit specifically for the entire duration of soliciting services for a job or hire directly or indirectly, any employee of the other affected services. In case of violation of this prohibition, the defaulting party shall pay the other party an amount equivalent to one year's salary of the staff involved.
ARTICLE 18: MISCELLANEOUS
You agree that the Agreement may freely of right be transferred by Advisto to a third party in the event of a merger or acquisition.
The titles of the various articles in the Contract are purely indicative and do not necessarily determine the content of the articles to which they refer.
Any tolerance for failure to provisions of the Agreement by the User or a third party will not be considered as a tolerance to any similar or subsequent breach.
The Agreement and the documents incorporated by reference, constitute the entire agreement between the parties.
The invalidity or unenforceability of any provision of the Agreement do not constitute invalidity or unenforceability of all terms and conditions.
In the event that one of the terms of the contract would be deemed illegal, unenforceable or unenforceable by a court, the remaining provisions of this Agreement shall remain in force, provided that the overall economy of the contract is not thereby upset.
