GENERAL TERMS AND CONDITIONS
The use of any products, software, services or Internet sites (hereafter referred to as "Services" or "Service" if referred to in the singular) belonging to MB Diffusion is hereby governed by the terms of this binding agreement between the User ("User") and the company MB Diffusion ("MB Diffusion") collectively referred to as the "Parties"
The User means any person or legal entity bearing the legal authority to enter into such an agreement and in compliance with relevant French legislation and who intends to purchase or use free of charge or for a fee the Services provided by MB Diffusion.
MB Diffusion means the company MB Diffusion, a French SAS company with an initial capitalization of 37500€ incorporated in Evry under the company number 432 552 966 (N° TVA : 88432552966) and whose Registered Office is at 98 allée des Champs-Elysées, 91 080 Courcouronnes – France.
The Services provided by MB Diffusion allow the User to place and consult small advertisements ("Advertisement" or "Advertisements") which offer for sale various goods (equipment, vehicles, …). Other complementary services are also made available to the User (see article 3.3).
The purpose of these Terms and Conditions "Terms and Conditions" is to define the general rules and policies of use and sale which govern the contractual rights and obligations between the Parties.
MB Diffusion reserves the right to publish new Internet Sites whose User Terms and Conditions would be governed by the same purviews outlined in these Terms and Conditions.
1) ACCEPTANCE OF TERMS AND CONDITIONS
In order to use the Services, the User agrees to be bound by these Terms and Conditions without any restriction or exception. The Services may not be used without prior acceptance of the Terms and Conditions.
The User accepts these Terms and Conditions by :
MB Diffusion reserves the right to modify all, or part of, and at any time, these Terms and Conditions. It is therefore incumbent upon the User to refer regularly to the latest version of these Terms and Conditions when connecting to the Service.
2) LANGUAGE USED FOR TERMS AND CONDITIONS
All translations of the French language version of the Terms and Conditions into other languages are provided for informational purposes only. The French language version of the Terms and Conditions alone constitutes the legal basis governing the relationship between the Parties.
Should contradictions appear between provisions of the French version and those in any of its translations, the French version’s provisions shall prevail.
3) SERVICES PROVIDED BY MB DIFFUSION
3.1) DESCRIPTION OF PRODUCTS AND SERVICES
The Internet Sites of MB Diffusion allow the User to :
Access to the advertisements posted on these sites is open to private and professional viewers.
3.2) USING THE SERVICES
3.2.1) POSTING AN ADVERTISEMENT
The Advertisements are to be written (in English) by the User. In order to avoid any disputes, MB Diffusion urges the User to verify the Advertisement as soon as it becomes viewable. MB Diffusion has no editorial control over the Advertisements posted on its Services, and is responsible only for compiling and listing the Advertisements viewable on its Sites. MB Diffusion does not guarantee the accuracy of the Advertisements published on its Sites, and can in no case be held liable for the content, or absence of accuracy, pertaining to the information in any ads found in the Advertisement placement Service.
3.2.2) SUBSCRIPTION CONDITIONS – DURATION – TERMINATION
A subscription is allotted for a period of one (1) year and will be automatically renewed by tacit agreement upon expiry date.
In the case of tacit renewal, it is understood between the Parties that at the time of renewal, the User has made him/herself aware of any increase in fees and has accepted such increases.
The User is free, at any time, to terminate a running subscription by informing via registered letter : Customer Services, MB Diffusion, 98 Allée des Champs-Elysées - 91080 Courcouronnes - France. Termination will become effective on the anniversary date of the subscription.
Furthermore, MB Diffusion reserves the right to terminate any User subscription which fails to respect any provisions of these Terms and Conditions.
3.2.3) FEES - PAYMENT TERMS – FEE MODIFICATIONS
The cost of placing an Advertisement as well as subscription fee rates are available on request from MB Diffusion’s sales department.Unless specified otherwise, all fees are stated in Euros.
The sales proposal, which also serves as an order form, is sent directly to the User who requests it.
An invoice or receipt is automatically returned to the User once the signed order form and relevant payment have been received by MB Diffusion.
MB Diffusion will confirm the opening of an Advertisement account, or an order, upon receiving the signed order form and relevant payment. Confirmation of any order indicates immediate acceptance of these Terms and Conditions.
As to the ad subject to payment once all details have been entered, payment by credit card is accepted through a so called secure payment process .
Payment by check payable in France issued to MB Diffusion is accepted. Payment should be sent to MB Diffusion 98 Allée des Champs-Elysées - 91080 Courcouronnes, specifying the number of the order.
Payment by bank transfer is accepted. Payment by bank transfer must be done to the account of MB Distribution, specifying the order number as the reason for the bank transfer.
Payment by direct debit is accepted. The User must provide MB Diffusion with a signed direct debit order as well as his/her full banking coordinates.
Fees may be modified yearly. An increase adjustment ranging between 3 and 5 percent may be applied between January 1st and March 31st of each year.
3.3) OTHER SERVICES
All credit plan offers, insurance policy plans, and/or specific warranties such as the payment guarantee appearing on the Internet sites belonging to MB Diffusion constitute offers from partners of MB Diffusion, partners who are specialized financial companies, insurance companies and other specialized agencies. These partners agree to communicate to the User all contractual terms relevant to their services and offers, as defined in related general and specific terms and conditions, and in compliance with all applicable legal time limits and stipulations.
Accordingly, MB Diffusion cannot be considered an authorized insurance company or broker, financial or lending company, and is not party to the contracts the User may enter into with these partners.
Consequently, MB Diffusion cannot be held liable for contracts agreed upon between the User and partners of MB Diffusion.
3.4) USER ASSISTANCE
4) INFORMATION PROTECTION AND SAFETY
MB Diffusion will do its utmost to maintain its Services in proper working order.
The User understands that, despite MB Diffusion’s best efforts, Internet constitutes a network with specific technical aspects which prevent MB Diffusion from being able to guarantee perfect and regular access to the Service, response times, or the absolute safety of data transmission.
Overall, the User understands that the information and the Services provided on the Sites belonging to MB Diffusion:
Therefore, MB Diffusion shall be held harmless for any damages which may occur from the User’s use of the Services or from any eventual impediment in connecting to the Services.
MB Diffusion shall not be held accountable, directly or indirectly, in any transaction not covered by the general provisions of the French Civil Code of Law (and in particular articles 1621 and subsequent).
4.2) SAFETY OF PASSWORDS AND ACCESS CODES
The passwords and access codes which are issued to the User in order to gain access to the Services and Sites belonging to MB Diffusion are personal and confidential. The User is solely responsible for his/her password and access code. The User agrees not to divulge them in any way to any third party.
In the case of loss or theft of a password, or if the User discovers that the passwords and/or other codes are being used by a third party, the User shall immediately contact MB Diffusion at firstname.lastname@example.org or email@example.com.
MB Diffusion shall not be held liable for the use of passwords and access codes by third parties.
4.3) PERSONAL DATA, PROTECTION OF PRIVACY
In compliance with the legal obligations it is subject to in France, MB Diffusion has duly registered its Sites with the Commission Nationale Informatique et Liberté and by doing so conforms with the provisions of the Law of August 6th 2004 relative to personal privacy rights with regard to transmission of personal data and in modification of the Law 8-17 of January 6th 1978 relative to information technologies, registries and liberties, and particularly articles 22 and subsequent.
MB Diffusion undertakes that :
When personal data is collected on Internet Sites belonging to MB Diffusion, the User is reminded that he/she retains the right to access, modify and refuse the transfer of such information.
Furthermore, MB Diffusion may access and collect personal information from its commercial partners. This information will also be treated in total compliance with current legislation.
4.4) INTELLECTUAL PROPERTY
All data and information found on the Internet Sites of MB Diffusion are protected by French and international legislation relative to copyright and intellectual property. All reproduction rights are reserved, and the contents of these sites may not be reproduced. This includes all downloadable documents, graphics and photographs.
Accordingly, and in conformity with legislation relative to intellectual property, only private and personal use is permitted unless otherwise stipulated by other, or more restrictive, provisions of intellectual property laws.
The User is not permitted, other than for strictly personal use, to copy, reproduce, transfer, sell, publish, or exploit in any way or distribute in another format, electronically or otherwise, any information available on the Sites belonging to MB Diffusion. Consequently, any other use shall be considered intent to counterfeit and is subject to punishment under copyright law, unless otherwise authorized by MB Diffusion.
5) RESPONSIBILITIES OF THE PARTIES
5.1) USER RESPONSIBILITIES
The user guaranties that the information mentioned on his/her ads :
MB Diffusion reserves the right to reject, purely and simply, and without requirement to provide motive, any Advertisement in which the characteristics, wording, or general presentation appear contrary to MB Diffusion’s moral and commercial interests. MB Diffusion may be sole judge of this and with no other obligation than to reimburse the User for amounts advanced after deduction of MB Diffusion’s expenses incurred for listing.
Furthermore, the User undertakes to guarantee, compensate and remedy MB Diffusion for any damages, loss, loss of profit, lawsuits, costs and expenses incurred in the event its responsibility is engaged by a third party subsequent to the listing of an Advertisement that violates the dispositions contained in these General Terms and Conditions.
The User undertakes to engage his/her best endeavour and full cooperation to ensure that MB Diffusion’s services operate smoothly.
5.2) RESPONIBILITY OF MB DIFFUSION
The User recognizes and accepts that MB Diffusion, in respect to the terms outlined herein, can only be held accountable for its due care. The User also recognizes that no one entity or person can guarantee that Internet will always function smoothly. MB Diffusion cannot be held responsible for any indirect damages, incidents or consequences due directly or indirectly to the use of the Services or the impossibility of being able to use them, and especially for any slowdowns, interruptions or transmission errors, or loss, alterations or disappearance of data, for virus contamination, loss of profit, loss of business or loss of a deal.
The Advertisements which appear on site are written and posted on line under the sole responsibility of their respective authors. MB Diffusion rejects all responsibility as to the exactness or accuracy of the Advertisements.
The User accepts that the information made available for viewing may be incomplete or limited, and that it is up to the User to verify all information before entering a transaction, and particularly before entering into a final contract to sell or purchase.
MB Diffusion does not monitor a User’s capacity to sell the goods or services announced nor does it monitor a buyer’s capacity to purchase such goods or services. MB Diffusion does not in any case guarantee finalizations of sales contracts with either dealers or with non-professional parties, for any goods, new or used, whatsoever. MB Diffusion cannot verify the quality, working order, the safety, dangerousness, authenticity, general condition, or conformity of the goods listed and therefore cannot be held responsible on these points.
MB Diffusion shall be held harmless in the event a sale is interrupted, or if the price is not paid by the buyer, or if the equipment is not delivered. Furthermore, MB Diffusion does not guarantee the buyer’s solvency or good faith, nor his/her general ability to purchase the goods in question.
MB Diffusion provides a "Report a Problem" page (hypertext link found on the right side of the equipment description page) and which posts the contentious situations it has been contacted about and for which it urges the User to exercise caution. This page is not legally binding and may be incomplete and the User recognizes that he/she may encounter a contentious situation not mentioned on this page and for which MB Diffusion shall not be held liable.
6) SEVERABILITY – GOVERNING LAW AND ASSIGNMENT OF JURISDICTION
If one or several provisions of the General Terms and Conditions were rendered invalid for any reason, the remaining provisions would not be affected or impaired thereby.
6.2) LAW AND JURISDICTION
These Terms and Conditions are subject to French law.
In the event of claims or dispute between MB Diffusion and a tradesperson, the Commercial Court of Paris shall have sole competence to preside, notwithstanding multiple defendants or guarantee appeal, even in the case of urgent proceedings or conservatory procedures of a summary nature or by petition.
In the event of claims or dispute between MB Diffusion and a private individual, the applicable jurisdiction and territoriality will be attributed according to civil law (Article 48 of the new Civil Code of Procedures).
Notwithstanding the elements above, MB Diffusion shall be entitled to apply for all conservatory measures, injunctions and any other emergency measures to the appropriate jurisdictions.