MARKETPARTS.COM - TERMS OF USE

Contractual provision relating to the use of the website marketparts.com

Legal information

The website https://marketparts.com, hereinafter referred to as “Marketparts“ offers a marketplace service between professionals on the Internet.

Access to the site, consultation and use are contingent upon acceptance of these Terms & Conditions of Marketplace.

The site is edited by Marketparts, a Swiss corporation.chemin de Château-Bloch 11, 1219 Le ligon, Geneva, Switzerland.

For questions about the company, you can send us your questions by email at contact@marketparts.com.

For legal requisitions, please send us the requisition by mail at contact@marketparts.com specifying an URL for the issue, the e-mail address of the diffuser and/or phone number. We will send you the requested information as soon as possible.

To simplify our procedures, please indicate in your request your e-mail address.

marketparts.com is hosted by OVH - 2 rue Kellermann - 59100 Roubaix - France

ARTICLE 1. Purpose

The Terms are intended to determine the conditions of use of the Marketparts Service available to Users on the Website and Mobile Site. Additional conditions of use for users subscribing to Paid Services (hereinafter referred to as “Paid Services “) are fixed in the Terms of Service.

ARTICLE 2. Acceptance

Any User - declared by accessing and using the Marketparts service, from the Website and Mobile Site, have read these Terms and Conditions and expressly accept them without reservation and/or modification of any kind. These Terms are fully enforceable for Users.

ARTICLE 3. Use of the Marketparts service

3.1 Description of the service

The Marketparts service offered to users varies according to the quality of “Buyers“ or “Supplier“ of the user.

3.1.1. Main features accessible on the Website and Mobile Site by:

All users:

  • The creation and access to the Personal Account.
  • Management (update, modification etc.) at any time, of personal information indicated in the creation of the Personal Account. Required information: name, e-mail ddress, password and company name; Optional information: EU VAT ID, address, phone number, website.
  • Consultation of news broadcast by contacts
  • Consultation of products posted by contacts
  • Consultation of the presentation page of all the users of the site
  • Sending, receiving and consultation of messages exchanged with other users
  • Publication of his profile information
  • Visual and editorial edition of its profile page
  • Publication of news: text, links, images, events
  • Publication of request for proposals
  • Deletion of news or products previously posted
  • Advanced search with filtered navigation
  • Sending of mail or phone invitations to contacts to join the platform
  • Consultation and ordering of products publicly visible on the marketplace
  • Consultation and ordering of products with private access on the marketplace, after request and acceptation from the supplier
  • Abuse report
  • Permanent removal of its account

User “Supplier”:

  • Access to catalog and orders management
  • Creation of product pages with the following information: ⁃ Description ⁃ Reference ⁃ Corresponding pictures ⁃ Price ⁃ Visibility preferences ⁃ Additional specific settings
  • Mass import of catalogue on the marketplace
  • Ability to accept, modify or reject purchase orders
  • Access to a statistic dashboard
  • Configuration of its product categories and subcategories
  • Configuration of its methods of payment accepted
  • Configuration of payment method
  • Configuration of its delivery preferences
  • Addition, removal, modification, grading of: ⁃ Products ⁃ Orders ⁃ Promotions ⁃ Options

3.2 Diffusion of contentson the site

3.2.1 General Rules

Any User declares that, to access the Marketparts Service, he has access to the Internet from the provider of their choice, and recognizes that:

  • The transmission reliability is uncertain, mainly because of the heterogeneity of networks and infrastructures on which they run and, in particular, malfunction, or saturation may occur;
  • It is up to the user to take any action it deems appropriate to ensure the safety of its equipment and of its own data, software or other, particularly against contamination by viruses and / or attempted Intrusion he may be a victim of;
  • Any equipment connected to the Website is and remains the sole responsibility of the user, the liability of Marketparts will not be sought for any direct or indirect damage that could happen due to their connection to the Website or Mobile Site.

Responsibility on payment and transaction:

  • Marketparts cannot be held responsible for the poor performance of payment between usersoutside the platform

The user agrees, if appropriate, to respect and maintain the confidentiality of its connection identifiers to its Personal account and expressly recognizes that any connection to its Personal Account, and any data transmission from the Personal Account shall be deemed to have been made by the User. Any loss, misuse or use of connection identifiers and their possible consequences are the sole and entire responsibility of the User.

The subscription to these services meets the contractual obligations specified in the Terms of Service.

3.2.2 Commitment of the user

The user guarantees to hold all rights (including intellectual property rights) or to have obtained all approvals for the publication of its news or products.

The user guarantees that the broadcast content does not contravene to any regulations (particularly regarding advertising, competition, sales promotion, use of a foreign language, use of personal data, prohibition of the marketing of certain goods or services), or any third party rights (including property rights, intellectual and personality rights) and that it contains no defamatory or damaging message against third parties.

  • Thus, the user specifically agrees that the broadcast content does not contain:
  • Any false or deceptive information likely to mislead users.
  • No mention defamatory or likely to harm the interests and/or image of Marketparts or any third party.
  • Any content infringing intellectual property rights of third parties.

The User undertakes, in case of unavailability of a product offered to withdraw the product of the Marketparts Service as soon as possible.

The User declares to know the geographies where the Website and Mobile Site is available, to take all precautions to respect the legislation of the receiving locations, and to discharge Marketparts from any liability in this regard.

In this framework, the User declares and acknowledges that he is solely responsible for the content it publishes and makes available to Users, as well as any document or information it sends to users.

The User assumes the sole editorial responsibility for the content it publishes.

Consequently, the User, its subcontractors and suppliers, guarantees Marketparts against any claims or actions in relation to the broadcast content that may be brought against them by any third party, and agree to pay all damages and costs and expenses which they could be sentenced to.

By posting any content, each User acknowledges and agrees that Marketparts can delete at any time, without compensation or right to reimbursement of amounts incurred by the User for its publication or subscription to Paying Services, content that is contrary to European law in particular and/or dissemination rules laid down by Marketparts, or likely to infringe the rights of others.

All content is broadcast, from the day of publication, on the Website and Mobile Site and without delay. The User also undertakes that its Personal Account does not contain:

  • No and/or misleading mandatory information false.
  • No information affecting the rights of a third party.

In this context, the holder declares and acknowledges that it is solely responsible for the information indicated when creating his Personal account.

By creating a Personal Account each licensee acknowledges and accepts that Marketparts can delete at any time, without compensation or right to reimbursement of amounts incurred by the User for subscription to Paid Services, a particular account which would be contrary to European law and / or dissemination rules laid down by Marketparts, or likely to infringe the rights of others.

3.3. Hyperlinks

3.3.1. Links from the Service Marketparts

The Marketparts Service may contain links redirecting to websites operated by third parties. These links are provided as simple information.

Marketparts has no control over these sites and accepts no responsibility for access, content or the use of these sites, as well as damages that may result from consulting the information on these sites.

The decision to activate these links is the full responsibility of the User.

3.4. Cookies and Geolocation

In order to facilitate navigation on the website, cookies may be installed in the communication medium (eg computer, mobile phone, digital tablet) of the users, for example to keep their criteria research, pre complete the connection or order form (email, telephone, postal address ...). Browser settings on the communication mediums allows any user to refuse the installation of cookies. However, the User is informed that the refusal of cookies may disrupt the use of Marketparts Service.

3.5 Protection, collection, use and disclosure of information

3.5.1: Protection of personal data

Any User acting exclusively for private and non-commercial means has the right to oppose access, rectify and delete any of their personal data. Individual Users may exercise that right by contacting Marketparts through the email address contact@marketparts.com.

3.5.2: Collection and use of personal data

All personal data collected may be used by Marketparts for:

  • Product Management
  • Publication and product tracking
  • Publication of content on social media websites
  • Sending purchase orders
  • Sending commercial proposals and/or advertising, coming from Marketparts. No database sales to a third party is made by Marketparts. Furthermore, the sending of commercial offers and/or promotions will be made after receiving the express consent of the persons concerned.
  • Sending satisfaction surveys
  • Statistics

3.5.3: Communication of personal data

Marketparts undertakes to keep safe all personal data collected through the service and not to transmit it to any third party. Notwithstanding, the User is informed that Marketparts may be required to disclose personal data collected via the Service to the authorized administrative and judicial authorities, only on legal requisition.

3.6 Commercial prospecting and unfair collection

The use for commercial purposes or public dissemination of data downloaded from the Website, is forbidden.

ARTICLE 4 - MODERATION CONTENT

4.1 Suppression of Unlawful Broadcasts

Marketparts reserves the right to remove, without notice or compensation or reimbursement right, any information or product that does not comply with the dissemination rules of Marketparts and/or which is likely to infringe the rights of third parties.

4.2 Reporting of Abuse

It is permitted to any User to report abusive content from the Website and Mobile Site: either by clicking on the link “report abuse“ on each product page, or by email at the address contact@marketparts.com.

ARTICLE 5 - RESPONSIBILITY AND GUARANTEES

5.1 Liability and obligations of Marketparts

Marketparts can in no way be held responsible for the content of user publications and gives no warranty, expressed or implied, in this regard.

5.2 Limitation of Liability

Marketparts is committed to implement all necessary means to ensure the best delivery of the Service to Users.

However, Marketparts declines any liability for:

  • Interruptions, outages, changes and dysfunction of the Service
  • Loss of data or information stored by Marketparts. Users are responsible for making all precautions to keep a copy of the content they publish via the Marketparts Service;
  • Temporary inability to access the Website and Mobile Site due to technical problems, whatever their origin and provenance,
  • Direct or indirect damage caused to the user, whatever the nature, resulting from the broadcast content, the malfunction of the Services and / or interruption of Service
  • Abnormal or illicit exploitation of the Service by any user,
  • Attack or hacking, deprivation, removal or disqualification, temporary or permanent, and for any reason

The responsibility of Marketparts may be initiated only for direct damages suffered by the User resulting from a breach of its contractual obligations as defined herein. The User renounces therefore to ask any repair to Marketparts in any capacity whatsoever, for indirect damage such as lost profits, financial losses, increased overheads or losses emanating from or being consequence of the execution hereof.

Any User is then solely responsible for damages caused to third parties and consequences of claims or actions that may result. The User also waives all recourse against Marketparts in the case of prosecutions conducted by a third party against him because of the use and / or illegal use of the Marketparts Service, loss of a user's password or in case of theft of his identity.

ARTICLE 6 - INTELLECTUAL PROPERTY

6.1 Intellectual Property Rights

All intellectual property rights (such as copyright, neighboring rights, trademark rights, rights of database producers) covering both the structure and the contents of the Website and Mobile Site and including images, sounds, videos, photographs, logos, trademarks, graphics, text, video, tools, software, documents, data, etc. (hereinafter generally designated as“Elements“) are reserved. These elements are the property of Marketparts. These items are available to users, free of charge, for the sole use of the Marketparts Service and under normal use of its functionality. Users agree not to modify Elements in any manner. Any use of Elements not expressly permitted on the Website and Mobile Site involves a violation of Copyright and constitutes an infringement. It can also cause a violation of image rights, rights of persons or any other rights and regulations. It can thus engage the civil and/or criminal liability of its author.

6.2 Source code and website content

It is prohibited for any user to copy, modify, create a derivative work, reverse engineer, disassemble or make any attempt to find the source code, and to sell, assign, sublicense or transfer in any manner whatsoever any right relating to the Elements. All Marketparts Service User specifically agree not to:

  • Use or query the Marketparts Service for the account or benefit of others;
  • Make any extraction, for commercial purposes or not, of all or part of the information or products on the Marketparts Service and on the Website and Mobile Site;
  • Reproduce in any other medium, for commercial purposes or not, all or part of the information or products Marketparts presents on the Service and on the Website and Mobile Site for reconstructing all or part of original files;
  • Use any robot, including exploration (spider), search applications or websites or any other means to retrieve or index any part of the contents of the Website and Mobile Site, except in case of express consent of Marketparts;

Any reproduction, publication, transmission, use, modification or removal of all or part of Elements and in any manner whatsoever without the prior written permission of Marketparts is illegal. These wrongful acts engage the responsibility of the authors and are likely to result in legal proceedings against them, including accusations of counterfeiting.

6.3. Trademarks

The brands and logos of Marketparts and brands and logos of Marketparts’s partners are trademarks. Total or partial reproduction of these brands and / or logos without the prior written consent of Marketparts and Marketparts’s partners is prohibited.

6.4. Service Database

Marketparts is the producer of the Marketparts Service databases. Consequently, any extraction and/or reuse of the databases is prohibited. 6.5. Measures Marketparts reserves the right to seize any legal means against those who have not complied to the prohibitions contained in this article.

ARTICLE 7 - CHANGING THE SERVICE AND MARKETPARTS TERMS

7.1 Modifications of Service availability

Marketparts reserves the right at any time to modify or discontinue the availability of any portion of the Marketparts Service and / or the Website and Mobile Site.

7.2 Modifications of Terms of Use

Marketparts reserves the right to modify at any time all or part of the Terms of Use. Users are invited to regularly reviewing these Terms to be aware of any changes. The Use of the Website by Users constitutes acceptance of changes in the Terms of Use.

ARTICLE 8 - MISCELLANEOUS

If part of the Terms of Use should be illegal, invalid or unenforceable, for any reason whatsoever, the provisions in question are deemed not written, without questioning the validity of the other provisions, which continue to apply between Users and Marketparts. These Terms are governed by Swiss law.

ARTICLE 9 - DEFINITIONS

Each of the terms mentioned below have, in these Terms of Use, (referred to as the “Terms“) the following meanings:

“Content“:Means all elements and data (visual, textual, sound, photographs, drawings), broadcast by a User under its editorial responsibility to inform, promote, buy, rent or sell a good or service and broadcast on the Website and Mobile Site.

“ Personal account “ :Means the free space currently accessible from the Website and Mobile Site that any user can create, and from which it can distribute, manage, and view its contents.

“Marketparts“ Means the company that publishes and operates the Website and Mobile Site: The site is edited by Marketparts , a Swiss corporation, with headquarters at Chemin de Château-Bloch 11, 1219 Le Lignon, Geneva, Switzerland referred to as Marketparts.

“Marketparts Service“ Means the services made available to Users on the Website and Mobile Site as described in Article 3.1 of these Terms.

“ Website “ : Means the website operated by Marketparts, accessed mainly from the URL https://marketparts.com, allowing users to access the Marketparts Service described in Article 3.1 of these Terms.

“Mobile Site“ Means the mobile site operated by Marketparts, accessible from the URL https://marketparts.com users access via their mobile phone service Marketparts described in Article 3.1 of these Terms.

“User“: Means any visitor with access to Marketparts Service via the Website and Mobile Site Version 04.10.2017