TERMS FOR THE USE OF THE EUROPAGES BUY & SELL SERVICE
The user company (hereinafter referred to as the User) acknowledges and accepts the terms of use for the EUROPAGES Buy & Sell service (hereinafter referred to as "Buy & Sell") and the services associated therewith as set forth here below:
I Buy & Sell: Free use
I.1 Purpose
Buy & Sell, also referred to as Euro TradeLeads™, is a service exclusively for companies, enabling them to post monthly offers of purchase and/or sale or business opportunities, and to come into contact with sellers and/or buyers or partners.
"Seller" refers to a user who is offering a product for sale or who replies to a purchase request and "buyer" refers to a user who publishes a purchase request or who replies to a sales offer.
A user may act as a Buyer and a Seller at the same time.
Buy & Sell also offers a range of services and information online collected under the Business Resources heading.
I.2 Functioning
The Buyer searches for and consults sale offers free of charge.
It may also place purchase requests or business opportunities free of charge, create alerts and manage its offers and alerts in myEUROPAGES, provided that it complies with the free registration procedure as described in I.2.1.
The Seller searches for and consults purchase offers free of charge.
It may also place sales offers or business opportunities free of charge, create alerts and mange its offers and alerts in myEUROPAGES, provided that it complies with the free registration procedure as described in I.2.1.
A Buyer/Seller who wishes to contact a Seller/Buyer must first register, either by having taken out a paid subscription via the Bonus Pack as described in II, or by being an Advertiser with "Paying member" status.
I.2.1 Free registration procedure
The free registration offered to all users is valid without any deadline. Nevertheless, a registered user who does not use their account for a period of more than 1 year will be automatically deleted from the registered user database. The user shall complete the registration form and provide the following requisite information:
- Complete details of the user and the Company, the language selected, the registered company name, the country of activity and industry sector(s), the type of company
- identifier (electronic address) and password, secret question and answer enabling the Seller or Buyer to retrieve the password should it be forgotten.
Click to consult our policy on the protection of private data.
An email shall then be sent to the User to ensure the electronic address provided is valid.
The User must then confirm registration by clicking on the link provided for this purpose in the email. The private data thus stored may be accessed and modified in MyEUROPAGES. Should the registration form be incomplete, EUROPAGES will be unable to proceed with the free registration. The User shall guarantee that the information forwarded to EUROPAGES on registration is accurate and up-to-date. EUROPAGES shall however not be held responsible for any inaccurate or out-of-date information forwarded by the User.
I.3 Identifier and password
The user hereby undertakes to ensure the confidentiality of any identifier and password chosen and forwarded to EUROPAGES.
Use thereof shall be deemed to be made by the user itself.
II PAID USE (reserved for Paying members)
II.1 Commercial offers
II.1.1 The Bonus Pack
EUROPAGES hereby states that the Bonus Pack Commercial Offer will no longer be available from 30th January 2008 and will be replaced by the Paying member Status.
II.1.2 Packs
Europages offers Advertisers 4 fully online packs, each with a choice of either a 6 or 12 month duration, a total of 8 Packs: ENTRY PACK, ECONOMIC PACK, MEDIUM PACK, PREMIUM PACK.
The advertisement is translated into 13 or 15 languages as standard, except in the case of contractual provisions to the contrary.
Additional products or options may be sold with or without "pack" advertisements.
The additional products or options which must be sold with Advertisements Packs are: additional keywords pack, VideoSpot (only for France, Italy, Germany, Belgium and Spain).
The additional products or options which may be sold without Advertisements Packs are: Promolink, Promotional button, Banner, VIP box, Sponsor Homepage.
II.1.3 Paying member status
Thanks to the Paying member status, any company which has an advertisement in the Companies Directory is automatically registered as a Paying member.
To acquire Paying member status, the company must fill in a form requesting this status.
This request will be sent to the management department concerned so that they can transform this lead into sales and allow them to benefit from temporary status as a Paying member which will allow them some of the rights offered to Paying members.
If the temporary Paying member purchases an advertisement in the Companies Directory from the management department concerned, its status is changed from Temporary Company to Paying member with all the rights that this entails: advertisement in the Companies Directory, E*page, contact with buyers on Buy & Sell, viewing of the full list of announcements on PUBLIC PROCUREMENT.
III Posting of sales offers or purchase requests or business opportunities
Business opportunities include:
Investments
Assistance and advice
Production or sub-contracting contract
Distributor or representative
Technical support, transfer of technology or expertise
III.1 Terms for the publication of an offer of sale or purchase request.
To be published, the offer of sale or purchase request must conform to the following requirements:
· respect the rights of third parties and rules in force, namely with regard to competition, advertising, brands, copyright, hazardous substances, import/export, etc.
· not to contravene public order and accepted standards;
· be drafted in English;
· be of a "business-to-business" nature, i.e. be intended for professionals;
· be an effective offer rather than the description of an activity
Each offer is intended to promote, temporarily and over periods of thirty (30) days, a product or range of products in limited quantities (destocking, promotions, etc.).
· be different from other offers that may be posted by the Seller or Buyer (different references, different products);
A company therefore cannot have several offers for the same product online simultaneously
· be part of a sector or field of activity compatible with its purpose. The User may contact EUROPAGES so that the latter may recommend which sector or field of activity should be selected.
All compulsory fields on the form must be completed.
III.2 Terms for the publication of an offer of sale or purchase request
To be published, the offer of sale or purchase request must conform to the following requirements:
· respect the rights of third parties and rules in force, namely with regard to competition, advertising, brands, copyright, hazardous substances, import/export, etc.
· not to contravene public order and accepted standards;
. be drafted in English;
· be of a "business-to-business" nature, i.e. be intended for professionals;
. be an effective offer rather than the description of an activity.
Each offer is intended to promote, temporarily and over periods of thirty (30) days, a product or range of products in limited quantities (destocking, promotions, etc.).
. be different from other offers that may be posted by the Seller or Buyer (different references, different products);
A company therefore cannot have several offers for the same product online simultaneously
. be part of a sector or field of activity compatible with its purpose. The User may contact EUROPAGES so that the latter may recommend which sector or field of activity should be selected.
All compulsory fields on the form must be completed
III.3 Refusal to publish or modify an offer or a request
EUROPAGES reserves the right to refuse the publication of an offer or request or business opportunity and/or delete any offer or request or business opportunity placed online at any time, without implying their liability, and without prejudice to its other rights to take legal action.
It may also modify and/or delete any part of the text of the offer or request.
The user expressly relinquishes any right to take legal action against EUROPAGES on this account.
III.4 Date of publication of an offer of sale or purchase request
EUROPAGES shall strive to ensure that the offer of sale or purchase request is placed online within two (2) working days of its submission by email, without prejudice to the stipulations of Paragraphs III.1 and III.2.
III.5 Duration of online publication of an offer of sale or purchase request
Each offer of sale or purchase request remains online for one (1) month.
Before the end of this period, the user shall receive an email offering to extend publication, or inviting it to submit a new offer of sale or purchase request.
III.6 Non-exclusivity
The subscription to and use of Buy & Sell confer no exclusivity upon any user.
III.7 General obligations of the User
The user hereby undertakes to refrain from hindering the smooth operation of Buy & Sell in any manner whatsoever.
More specifically, it shall ensure the throughput is not unduly overloaded and/or that no elements shall be transmitted that may be likely to damage, intercept and/or interfere with all or part of the site
www.europages.com.
III.7.1 General obligations of the Buyer
The Buyer publishing its purchase request on the site
www.europages.com, in accordance with the indications or instructions provided by EUROPAGES, has sole responsibility for its offer.
The Buyer shall refrain from submitting a purchase request or from replying to an offer of sale in bad faith or fraudulently, and more generally, acting with any other purpose than the negotiation in good faith for the purchase of a product.
III.7.2 General obligations of the Seller
The Seller publishing its offer of sale on the site
www.europages.com, in accordance with the indications or instructions provided by EUROPAGES, has sole responsibility for its offer, notably the information relating to the products and their prices, and the conditions of sale.
This offer shall comprise a description of the product on sale and the Seller's conditions of sale. The Seller hereby undertakes to provide an honest, objective and faithful description of the products.
It is incumbent upon the Seller to ensure the compatibility of its Terms of sale with the present Terms for the Use of the Buy & Sell service.
The Seller submitting an offer of sale or responding to a purchase request guarantees that it is the owner of the product and that it is authorised to negotiate and transfer ownership.
III.8 EUROPAGES' position
EUROPAGES may in no case whatsoever be held liable should part or all of the product sold or purchased infringe the intellectual property rights of a third party or any rules applicable, whether due to the quality and/or quantity of the product which is the subject of the transaction.
EUROPAGES strongly advises all Users of the Buy & Sell service to check the reliability of companies with which they establish commercial relations and to proceed with payment only when the product has been received.
Under no circumstances shall EUROPAGES be held responsible for the establishment, performance or termination of a relation between users.
EUROPAGES shall not be held responsible for the consequences of the use of inaccurate or incomplete information.
Through the Buy & Sell service, EUROPAGES shall under no circumstances be held responsible for any financial or commercial prejudice suffered of any user, such as missed opportunities, loss of profit, loss of turnover, loss of orders, loss of data, loss of savings, any additional charges or tainting of image.
IV Appendix A : Intra-community VAT
Companies located within the European Union.The 6th European Directive of May 17 1977, amended in 1992, establishes the principle of intra-community VAT.
The objective thereof is to simplify and develop exchanges, and to avoid companies being taxed twice, in their country of origin and in the country where they purchase goods or services.
Generally speaking, a purchase made abroad is subject to the regulations applicable in the country in which such purchase is made.
However, if the importing company is based in the European Union and has a valid VAT number, a purchase ordered and received within the European Union is not subject to VAT in the exporting country.
To determine the country in which the VAT must be paid, the purchaser must provide the seller with its VAT number.
Thus, regarding purchases made from EUROPAGES, companies located in a European Union member state outside France and possessing a valid VAT number shall be exempt from paying French VAT.
As EUROPAGES's head office is located in France, French companies shall be subject to French VAT.
Companies located outside the European Union.
EUROPAGES's prices are quoted exclusive of VAT. If the User is not based within the European Union, it must discharge the duties, taxes and excise relating to the importation of goods and services from France.
The User is also bound to ensure that the importation of such goods and services does not infringe the laws in force in the importing country.
V Global provisions
V.1 Use of links to sites external to the site www.europages.com
Certain pages on the site
www.europages.com contain links to external Internet sites having no partnership with EUROPAGES.
As EUROPAGES is unable to monitor all the content of the Internet sites linked to the Europages Site, the User hereby acknowledges that EUROPAGES shall not be held responsible for any products, services and/or information available on and/or from such Internet sites.
EUROPAGES recommends that its users read the policy on the protection of personal data of each Internet site they consult.
V.2 Security
EUROPAGES applies a set of measures designed to limit the risks connected with intrusion, piracy and the introduction of viruses into its servers and/or the site
www.europages.com.
EUROPAGES is unable to offer an absolute guarantee of security, in so far as the Internet is an open network, by nature sensitive to such risks.
The User of Buy & Sell hereby declares that it is aware of said risks and accepts them.
Under no circumstances shall the liability of EUROPAGES be invoked for any injury and/or direct or indirect damage suffered by the User resulting from any interruption or malfunction of Buy & Sell and/or from the suspension and/or termination thereof or from the connection to the Europages Site.
V.3 User's comments
EUROPAGES shall provide the User with the opportunity to make comments and suggestions concerning Buy & Sell.
The information it contains may be used freely by EUROPAGES, with no financial consideration for the User concerned.
V.4 Intellectual property rights
EUROPAGES and its logo are registered trademarks.
They are the exclusive property of EUROPAGES.
All editorial elements and contents of the EUROPAGES Site (notably trademarks, texts, graphics, logos, animations, etc.) are the exclusive property of EUROPAGES, with the exception of elements contributed by EUROPAGES' partners or other sites accessible via the site
www.europages.com.
All rights of reproduction or representation of the site
www.europages.com are reserved for all countries and for all media, present and/or future.
The User acknowledges that the downloading of addresses and information from the site
www.europages.com for the purposes of constituting a database is prohibited.
V.5 Equipment and connection charges
It shall be incumbent upon the user to install the appropriate equipment so as to access Buy & Sell.
All costs relating to equipment, connection and transmission necessary for the use of Buy & Sell shall be borne exclusively by the user.
Furthermore, it shall be incumbent upon the User to take the appropriate measures to protect its own data and/or software stored on its computing equipment against any loss or damage.
The User shall be solely responsible for the connection.
V.6 Jurisdiction
In the event of major difficulty or dispute between the User and EUROPAGES, the Parties hereby agree to seek an amicable settlement. Should this fail, any such dispute shall be submitted to the Nanterre Commercial Court.
The present Conditions of Use shall be subject to French law.
Should the present Terms of Use be translated, the French version shall prevail over all others.
V.7 Suspension of access to Buy & Sell
EUROPAGES may suspend the access to Buy & Sell, and/or to all of the site
www.europages.com, by any registered and/or subscribing user infringing the Terms of Use and more generally any legislation and/or regulation that may be applicable.
Such suspension shall not imply the liability of EUROPAGES, without prejudice to its other rights to take legal action, and shall be notified by email.
In such an event, EUROPAGES shall make no reimbursement, either full or partial, if the user has subscribed to a Bonus Pack and/or taken out a paying subscription.
V.8 Copyright
In accordance with Act no. 98-536 of July 1st 1998 transposing into the French Intellectual Property Code the European Directive no. 96/9/EC of March 11th 1996 concerning the legal protection of databases, EUROPAGES is producer and owner of all or part of the databases making up the Directory, with the exception of elements contributed by EUROPAGES' partners or other sites accessible from the site
www.europages.com.
With regard to the database making up the site
www.europages.com, the user hereby acknowledges that the data comprised therein is legally protected and, in accordance with the legal provision cited hereabove, shall refrain from:
· extracting, reusing, storing, representing, reproducing or stocking, directly or indirectly, in any medium whatsoever, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the contents of the databases on the site
www.europages.com,
· proceeding with the extraction or repeated and systematic reuse of qualitatively or quantitatively non-substantial parts of the contents of the databases on the site
www.europages.com to which it may obtain access, when such operations manifestly go beyond the normal Terms of use.
Any attempt at fraudulent extraction shall be deemed to constitute infringement of copyright.
V.9 Application date and duration of validity of the terms of use
The Terms of Use of Buy & Sell and the services associated therewith shall apply to the User upon connection to the site
www.europages.com.
They shall prevail over all previous Terms of Use and may be amended at any time by EUROPAGES.
In such an event, the amendments shall be effective as soon as they are posted online.
