Generelle vilkår og betingelser for brug

The purpose of these general terms and conditions of use is to determine the conditions of use of the site, proper conduct and navigation of the internet user on the site belonging to EXAPRO.

Article 1. Definitions

Announcement: A user's announcement or advertisement published on the Site regarding the offer for sale of a machine

Internet user: Physical person consulting the Site;

Machine : Any vehicle or tool specifically with an industrial or agricultural use

Site : websites operated by EXAPRO for the publication of offers to sell machines.

User: Internet user with a user account;

Seller: Internet user with a user account putting a machine up for sale;


Article 2. User accounts

In addition to simply consulting the Site, the Internet user who wishes to be able to access the site's features, such as posting an ad, or benefiting from the services offered by EXAPRO must have a user account.

Opening a user account is free.

The User must be an adult natural person with the capacity to enter into a contract within the meaning of the law and must own the machine indicated in the advertisement.

The User may also be a natural person acting in the name and on behalf of a legal entity and with all the power of representation to that effect.

The User shall ensure that the information about him or her and what is provided when he/she opens the user account is accurate. To this end, EXAPRO shall be able to request the disclosure of various items to verify the identity of users and to fight against fraudulent ads.

EXAPRO reserves the right to approve any new registration at its own discretion.

In the event the User provides false, inaccurate, outdated or incomplete data, EXAPRO may refuse to open, or may suspend or terminate the user account, and immediately deny access to all or part of the services offered by EXAPRO. However, EXAPRO shall not be held responsible for errors, omissions or inaccuracies in the information provided by a User.

When the user account is opened and for the duration of the user account’s validity, the user must have a valid email address.

The User is solely responsible for any use that could be made of his/her user account due to a failure to secure his or her credentials and passwords. Under no circumstance shall EXAPRO be held responsible for a breach of confidentiality in the event of the User’s failure to secure his or her login information for the user account.

The User shall notify EXAPRO without delay of any fraudulent use of his/her user account.

At the time of the creation of the user account, the User shall accept the general terms and conditions of use of the Site and also the terms and conditions of sale relative to the services offered by EXAPRO.


Article 3. Processing of advertisements

Advertisements are published based on information provided by the Seller  on the Site.

The advertisements shall not contain any personal data, contact data or the serial number of the machine.

The Seller is required to verify his/her advertisement from its first publication and inform EXAPRO of any discrepancies with the machine indicated in the advertisement and/or with the published information.

Photographs of the machine offered for sale shall be provided by the Seller  and shall not be the work of third parties, or be copyrighted or contain any marker or logo. EXAPRO may, if necessary, delete photographs that are of poor quality, unrelated to the ad, "catalog" or "builder" photographs, or photographs containing comments or people.


Article 4. EXAPRO Services

EXAPRO does not get involved in the drafting, presentation or description of machines and offers (with the possible exception of changes resulting from layout constraints).

Internet users and users acknowledge that EXAPRO only offers a means of publishing offers to sell machines; EXAPRO does not verify the quality, operating condition, hazardousness, legality, general condition or compliance of the said machines. As a result, EXAPRO shall not be held liable for any damages whatsoever concerning, in particular, the sale, offer for sale, use, export, marketing, leasing, or transport of these machines.

Furthermore, EXAPRO shall not be held liable in the event of the non-closing of a sale, non-payment of the price or lack of delivery of the machine or machines that may be sold. EXAPRO also does not guarantee the solvency and good faith of the buyer, nor his or her ability to purchase the machine.

Accordingly, the Internet user acknowledges that EXAPRO shall not be held liable for the information on the Site, nor for the proposed intermediary services, and further acknowledges that the use of this information and the use of these services is carried out under his or her sole responsibility.


Article 5. Cookies

For proper operation, the Site requires the User to accept the use of cookies. A cookie is a text file containing a limited amount of information, which is downloaded to the User's device when visiting a website. It allows the Site to recognize the User on future visits to provide an optimal browsing experience. A cookie does not identify the User. It only records information about the navigation of its terminal on the Site.

The furnishing of this information is essential to take advantage of certain services. EXAPRO respects the privacy of its Users and strictly complies with applicable laws with respect to privacy and individual freedoms. However, it is up to the User to determine at his or her own discretion whether or not he or she wishes to authorize their use. The User acknowledges that blocking any type of cookies prevents the proper functioning of certain services of the Site.

Additionally, the User is advised that most internet browsers offer the ability to manage cookies in a personalized way. The Help menu included in each browser specifies the procedure for refusing to store cookies and defines the rules for managing them site by site. This allows users to refuse to use cookies for all sites, except those they trust. More information about cookie management is available on the user's browser website.

The Internet user is advised to disconnect if his or her computer is shared with other individuals.


Article 6. Hypertext links

The Site may contain information made available by third parties, or even hyperlinks referring to other sites that are not published by EXAPRO. The existence of links from the Site to these other sites does not constitute an acquiescence or validation of the content of these third-party sites by EXAPRO. In addition, EXAPRO has no means of controlling third-party sites. As a result, EXAPRO cannot be held responsible and involved because of these third-party sites and their content.

In the event that third-party content is reproduced on the Site, or even hyperlinks referring to illegal content hosted on third-party sites, EXAPRO will delete it, after being duly informed of those contents.


Article 7. Personal data

Personal data which is identified as mandatory within the form is required in order to take advantage of the site's features and EXAPRO services.

They may be used by EXAPRO, in accordance with the current legal provisions, for direct prospecting purposes to offer Internet users products or services similar to those for which the Internet user has registered. In the event the legal provisions impose the user's specific agreement for the disclosure of specific data, the latter may, during his or her registration, by clicking the corresponding button to activate it, agree to give his or her consent. The user's consent can also be revoked at any time by sending an email to the following address: [email protected].

This data is confidential and will be treated as such by EXAPRO. Accordingly, in accordance with computer law and freedoms of January 6. 1978 and European Regulation No. 2016/679 known as the General Data Protection Regulation, the User has the right to access, correct and erase, oppose processing, limit processing, and the portability of personal data concerning him or her. He or she can exercise this right by email (email: [email protected]).

The Internet user is advised that he or she also has the possibility of filing a complaint with the CNIL at any time  (3 Place de Fontenoy, 75007 Paris).

This data is also required to be kept under the terms and conditions of Decree No. 2011-219  of February 25, 2011 with regard to the retention and disclosure of data to identify anyone who contributed to the creation of content that is posted online.

Whenever EXAPRO uses third parties to process the user's personal information, EXAPRO ensures that these third parties comply with current legal rules and any appropriate privacy and security measures.

EXAPRO may also disclose information to third parties in specific circumstances, in particular upon the request of a public authority, for the purpose of preventing fraud or imminent harm, or to ensure the security of our network and our services.


Article 8. Internet User’s Obligations

By using the site, the Internet user undertakes to comply with all laws and regulations in force in the country of consultation, in particular those regarding intellectual property protecting all works of the mind such as software, texts, photographs, brands, databases, images of any kind, or graphic charter.

The Internet User agrees not to download, import or transfer to the site any content that would be protected by the copyright of third parties.

The Internet User acknowledges that EXAPRO owns all of the intellectual property rights on the site, with the exception of advertisements and their content. The Internet User undertakes not to alter or remove any mention relating to the existence of intellectual property rights and acknowledges that any full or partial reproduction of the site, without prior authorization, constitutes an act of infringement that could incur civil and/or criminal liability.

The Internet User undertakes not to extract qualitatively or quantitatively substantial online databases posted on the EXAPRO site, or to use these databases in an abnormal setting.

The Internet User undertakes to comply with all rules regarding the automated processing of personal data, and press law. Also, EXAPRO reserves the right, immediately and without prior information from the User, of deleting any content (including texts and photographs) that EXAPRO would consider contrary to the laws in force without having said action entitle the Internet User to any compensation.

The Seller undertakes to guarantee that the machine offered for sale is his or her property or the property of the legal entity in whose name and on whose behalf he or she publishes the advertisement. The User states declares that he or she has all the rights and authorizations necessary to file and publish the advertisement.

The User undertakes to publish the advertisement only in his or her own name and on his or her own behalf or on behalf of the legal entity he or she validly represents.

As to the machine’s photographs illustrating the advertisement, the User guarantees:

• that it/they faithfully represent the machine and is/are not likely to mislead the public;
• that he or she has all the intellectual property rights (copyright) on the photograph or photographs, and that he or she authorizes EXAPRO to use it in accordance herewith and, in particular, for the purpose of its or their reproduction within the EXAPRO database and its or their reproduction on the Site.

In the event the machine is sold, the User undertakes to immediately delete the advertisement with his or her user account and to inform EXAPRO of the sale.

The User undertakes to hold EXAPRO harmless for any claim made against EXAPRO in connection with the advertisement and regarding the violation of a third-party right. Accordingly, if applicable, the User shall bear all expenses (including reasonable legal fees), costs and orders for payment handed down or borne by EXAPRO.


Article 9. Obligation of archiving

The computerized records kept in systems in compliance with standard practices in terms of security, shall  be deemed as evidence of e-mail communications, sending of registration forms, downloads of content, content posts and comment posts. The archiving of registration forms is carried out on a medium of a nature such as to ensure the faithful and lasting character for the period required by the legal provisions in force, including Decree No. 2011-219 of February 25, 2011 relating to the conservation and communication of data to identify anyone who has contributed to the creation of content posted online. It is agreed that in the event of  discrepancies between EXAPRO's computerized records and the paper or electronic documents available to the User, EXAPRO's computerized records shall prevail.

The duration of the user's login data shall be for up to one year from the day the Content is created, for each operation contributing to the creation of content.

The data collected by EXAPRO concerning the User for the use of the Site is kept for the duration of the user account and for a maximum of one year after the closure of that account.


Article 10. Site accessibility, security and risks associated with Internet use

The Site is a technical platform within which an efficient base is maintained which is accessible 24/7.

As a result, EXAPRO shall not be held responsible for the technological limitations associated with the Internet (all risks and performance as a whole).

EXAPRO makes no commitment to maintain permanent and uninterrupted access to services. EXAPRO shall not be held responsible for any malfunction on its Site as well as for any direct or indirect consequences related to possible malfunctions.

Without excluding other remedies, EXAPRO reserves the right to limit, suspend or terminate its services and user accounts, to prohibit access to its Site, to delay the visibility of hosted content within the results of our search engine or to delete it.

EXAPRO undertakes to take any action to prevent access to the Site by the Internet User who commits acts that do not comply with these general terms and conditions of use, and which would cause damage to the safety of the platform or cause any harm to the site.

During the use of the Service, the Internet User undertakes not to:

• Mislead EXAPRO or other Internet users by usurping the name or corporate names of other people;
• Manipulate the price of an item or interfere with other users' advertisements.
• Download, view, transmit, via e-mail or otherwise, any content that includes computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer, or telecommunications tool, distributing or publishing unsolicited advertisements, email chains or pyramid systems, said list not to be limited.
• Obstruct or disrupt service, servers, networks connected to the Service, or refuse to comply with the required conditions, procedures, general rules or regulations applicable to networks connected to the service
• Collect personal data from other Internet users by any means without their prior consent.
• Transfer or lend his or her user account to a third party without EXAPRO's written and prior consent
• Use EXAPRO's services by using a third-party user account;

Article 11. General Provisions

The general terms and conditions of use are written in French. In the event of translations of the general terms and conditions of use into another language and contradictions between the two versions, the French version shall prevail.

EXAPRO reserves the right to change its general terms and conditions of use at any time. In this case, the new general terms and conditions of use shall automatically replace the previous ones and shall be immediately applicable from the time they go online without further formality and without prejudice to the possibility for any user to cancel his or her membership.

If one or more of the stipulations of these general terms and conditions were to be nullified for any reason, the other provisions shall retain their full force and scope.


Article 12. Applicable law and settlement of disputes

The law applicable to these general terms and conditions of use is French law.

In the event of a dispute arising from or in relation to this Contract, and in particular in the event of a dispute over its validity, interpretation, performance or non-performance, whether contractual or tortious in nature (hereinafter the  "Dispute"),  the Parties agree to meet in a place that is jointly determined, and to make their best efforts to resolve the Dispute amicably.

The Party which considers itself entitled to assert a right, will send the other Party a registered letter with acknowledgement of receipt in which it will set forth the reasons for the Dispute and provide the other Party with any documents it deems useful. The Parties shall endeavor to reach an agreement within thirty (30) days from receipt of the registered letter with acknowledgement of receipt.

In the absence of agreement under the conditions herein mentioned, the Parties agree to submit the Dispute to the mediation procedure provided for by the ICC (International Chamber of Commerce) Mediation Regulations in force on the date of signing of the Contract, regulations that the parties acknowledge they have become aware of and to which they declare they are adhering, in order to seek an amicable solution. The Parties agree that mediation is subject to the principle of confidentiality. Neither the mediator, nor the Parties, nor the councils, will be able to disclose to third parties, invoke or produce in a judicial or arbitral proceeding, in France or abroad, without the formal consent of the parties to the Dispute, the findings of the mediator and statements obtained during mediation. Confidentiality does not extend to documents pre-existing the mediation. The language of the mediation procedure shall be French and mediation meetings shall be held in Paris (France).

If the Dispute has not been resolved within the context of mediation within 45 days from the date of filing the request for mediation or in any other time frame which the Parties may agree to in writing, exclusive jurisdiction is given to the Paris Courts to undertake the Dispute, including interim or preliminary proceedings.  No action arising from this Contract may be initiated more than one year after the Plaintiff party has known or should have known that it should initiate an action, it being understood and agreed between the Parties that the introduction of a mediation procedure shall interrupt the aforementioned one-year deadline.