Algemene verkoopvoorwaarden

Each of the terms mentioned below will have the following meaning in the MB General Terms and Conditions of Sale (abbreviated below to "GTCS"):

« Classified ad »: refers to all of the elements or data (visuals, text, sound, pictures, drawings) submitted by a Customer or Partner under its sole editorial responsibility, with a view to purchasing, renting, selling or searching for equipment disseminated on the Internet Site, Mobile Site and IOS and Android Apps;

"LBC Classified Ad": refers to all of the data elements (visuals, text, sound, photographs, drawings) deposited on the Leboncoin Site by an LBC and/or Professional Advertiser that has subscribed to the Leboncoin offering, under its sole editorial responsibility, with a view to purchasing, renting, selling or searching for equipment diffused on the Leboncoin Site, the Mobile Site and Leboncoin IOS and android apps.

« Advertiser »: refers to any advertiser, whether a non-professional and/or professional, and the holder of an Account. An account is considered as being "Professional" or "non-Professional" according to the context in which the Advertiser and account holder, a professional or non-professional, uses MB Services and the SIRET Number entered or not entered by the Advertiser when creating its account.

"LBC Advertiser": refers to any advertiser with a professional account on the Leboncoin site or for the Leboncoin Professional Equipment Boutique.

« Applications»: refers to the Android app that can be downloaded free of charge to an Android phone from Google Play Store and the app optimised for iPhone and iPad that can be downloaded free of charge from the Apple App Store to an iPhone or iPad with, as a minimum, Version iOS 7 for iPhone or Version iOS 8 for iPad enabling Users and Advertisers to access part of MB Services.

"Leboncoin Professional Equipment Boutique": refers to the offer proposed solely by MB Diffusion enabling an LBC Advertiser to combine a Boutique subscription with a recurring Leboncoin credits subscription, it is being specified that different volumes of recurring Leboncoin credits are available for this offer. This offer is solely reserved for LBC Advertisers advertising in the "Farm Equipment", "Transport-Handling", "Construction-First Fix Worksite" and "Second Fix Tools" categories on the Leboncoin Site. The Boutique refers to a page on the Leboncoin Site dedicated to an advertiser, offering it the possibility of presenting its activity, giving its contact details and the opening hours of its physical shop and integrating a hypertext link redirecting to its Internet site. In addition, all the LBC Advertiser's classified LBC ads currently being diffused on the Leboncoin Site are contained in the Boutique. Only those LBC classified ads deposited on the Leboncoin Site, linked to the professional's main activity, are attached to the Leboncoin Boutique and recurring credits.

« Order» : refers to any subscription to a Service by an Advertiser with MB.

« Account»: refers to the personal space created by the Advertiser on the Internet Sites in order to use MB Services, from which the Advertiser disseminates its Classified Ads, views the Classified Ads currently being disseminated and places Orders from the Internet Site, as described in Article 4 of the GTCS. An Account is strictly personal as far as the Advertiser is concerned and cannot be transferred or sold to a third party without the prior approval of MB in writing.

« Credit»: refers to the virtual currency purchased via the Professional Advertiser's Account which enables it to subscribe to one or more publication offers, as described in Article 5.1 of these General Terms and Conditions of Sale. Credits are attached to the Account from which they are purchased and cannot be transferred to another Account. MB reserves the right to set up automatic Credit consumption rules that can be modified at any time by the Advertiser. Credits have a life of twelve months. MB cannot be asked to extend the validity of a Credit. The cancellation of a Pro. Account results in the cancellation of the Credits associated with this account.

"Leboncoin recurring credits": refers to the virtual currency attached to the Leboncoin Professional Equipment Boutique. The recurring Leboncoin credits included in the Leboncoin Professional Equipment Boutique may only be consumed on the Leboncoin site and cannot be viewed in the Advertiser's Account on Internet sites. The cancellation of the Leboncoin professional account results in cancellation of the recurring Leboncoin credits associated with this account.

« Logon Identifiers»: refers to the email address and password chosen by the Advertiser when creating its Account, which enable the Advertiser to be identified.

"LBC France": a simplified joint stock company (SAS) with €3,252,490 capital, Paris Commercial Register N° 512 724 336, with its registered office located at 85-87 rue du Faubourg Saint-Martin 75010 Paris, which publishes and operates the "Leboncoin Site".

« MB»: a company that publishes and operates the Agriaffaires and MachineryZone Internet Sites, Mobile Sites and IOS and Android Apps. Depending on the geographic location of your entity, your order will either be handled by :

« Multidiffusion of Classified Ads»: refers to the Service that enables a Customer to disseminate an Ad published on MB Internet Sites or on one or more other online Internet Ad sites operated by MB Partners, carefully selected by the latter, on an occasional or recurring basis, in France or abroad.

«Packs»: refers to the Service offers marketed by MB, as described in Article 5 of these GTCS "Description of MB Packs and Services".

« MB Services »: refers to the Agriaffaires and/or MachineryZone Services performed and marketed by MB and governed by these GTCS.

« Partner Offer »: refers to an offer of services proposed and executed by an MB Partner promoted on the Internet Sites. MB is a third party to the commercial relationship that might exist between an MB Advertiser and Partner. MB may not be held liable in this respect in the event of complaints resulting from the commercial relationship between an MB Advertiser and Partner.

« Partner»: refers to a company belonging to the Schibsted Group and/or an MB third party that has the benefit of a partnership with MB for the promotion of their services and/or products on the Sites via Partner Offers.

« MB Sales Department»: refers to the MB Sales Department available to Users and Advertisers via the Internet Sites and Apps, as well as by phone on +33 (0)1.60.87.11.60, in order to place an Order and/or prepare a quotation according to the Services requested by the Advertiser and/or User.

« MB Customer Services »: refers to Customer Services for the Internet Site where the Advertiser can obtain any additional details. This department can be contacted by clicking on the "contact" link located on the Internet Site, Mobile Site and IOS and Android Apps, as well as by phone on +33 (0)1.60.87.11.60.

« Internet Sites»: refers to the Internet Sites operated by MB, mainly accessed via the MachineryZone and Agriaffaires URLs and their extensions, which enable the Advertiser to access MB Services via the Internet, create its Account and from which Classified Ads can be accessed and disseminated.

"Leboncoin Site": refers to the Internet site operated by LBC France accessible from the Leboncoin.fr URL, as well as the Leboncoin mobile site and app, which allows classified ads to be viewed, saved and deposited.

« User »: refers to any visitor with access to MB Services via Internet Sites, Mobile Sites and/or Apps who views the Services available from the various media.

The General Terms and Conditions of Sale set out the contractual conditions applicable solely between MB and an Advertiser in the context of a subscription to MB Services, dissemination on Internet Sites and Apps, in particular.

All Orders placed by an Advertiser require acceptance of the General Terms and Conditions of Sale with renunciation of application of its own General Terms and Conditions of Purchase.
MB cannot be bound by any condition constituting an exception to all or part of the General Terms and Conditions of Sale, unless expressly accepted, irrespective of the moment when it might have been brought to its attention.
The fact that MB does not invoke any of the provisions of the General Terms and Conditions of sale at a given moment cannot be interpreted as renunciation of invoking one of the said conditions in the future.
MB can only be bound by an addition, crossing out, modification to or deletion from these documents if countersigned by MB.

4.1 General Rules

The Advertiser that has placed an Order (Classified Ad publication, Publication Option(s), Service Subscription, in particular) has the sole benefit of the Order which cannot be sold or transferred without the approval of MB.
Classified Ad Packs can only be ordered by a Professional Advertiser.
Once an Order placed by an Advertiser with MB has been validated, no reimbursement is possible.

4.2 Placing Orders

An Advertiser can place and validate an Order via:

An Advertiser cannot currently place an order from the Mobile Site or IOS and Android App.

6.1 The tariffs applied are those in force on the day on which the Order is placed by the Advertiser. MB reserves the right to modify its prices at any time.

6.2 In the event of a change in tariff, the Advertiser will be advised by email. It will then have a period of 1 (one) month from the date of the first invoice integrating the change in tariff to cancel its Order by registered letter with recorded delivery. Failing this, the Advertiser will be considered to have accepted the new tariffs.

6.3 Any promotional tariffs apply solely to the first subscription, unless specifically indicated on the online Order form. When an Advertiser has the benefit of special conditions, they cannot be combined with any other special conditions offered on the Site or on a Partner Site.

7.1 Services

7.1.1 Payment is due at the time of each Service subscription and/or the purchase of Credits; payment may be made by:

Means of payment and processing charges may vary from one country to another. The processing charges applicable are those in force on the day of the order.

In the context of subscription to the Leboncoin Professional Equipment Boutique, the latter will be onlined on the Leboncoin Site on the 1st of the month following subscription to the offering and invoiced monthly every 1st of the month for the current month.

7.1.2 Pursuant to Article L.441-6 of the French Commercial Code, any delay in payment will lead, ipso jure, to suspension of the Advertiser's Order and/or Pack, as well as the invoicing of late penalties at a rate equal to the rate applied by the ECB to its most recent refinancing operation, plus 3 (three) percentage points, in application of Article D441-5 of the French Commercial Code, to which a fixed indemnity of 40 (forty) euros will be added for collection costs. The late penalties are due without the need for a reminder from the debtor and will be applied from the date on which the principal is due until full total payment is forthcoming.

7.1.3 The Customer is liable for all taxes, commission and similar, arising from use of the Site. MB is released from any liability for taxes on transactions made on the Site.

7.1.4 An invoice will be sent to the email address indicated by the Advertiser when creating its Account for every paid Order for Services. The invoices will also appear in the Advertiser's Account. The Advertiser has the possibility of downloading its invoices relative to the subscription of Services in PDF format from the "My Invoices" tab.

7.2 Pack modification, Reimbursement and Retraction

Pack modification

Reimbursement

Retraction

By validating an Order, the Advertiser acknowledges and agrees that MB can start to execute the Services and expressly renounces its right to retract.

8.1 The Advertiser certifies that the Classified Ad, irrespective of its dissemination, is compliant with all current legal and regulatory provisions (notably those relating to advertising, competition, sales promotion and the use of personal data), meets the requirements of these GTCS and MB Service dissemination rules and does not adversely affect the rights of third parties (intellectual property and personality rights, in particular…).

The Advertiser guarantees that the content of its Classified Ads strictly complies with the legal obligations imposed upon its activity.

The Advertiser guarantees to MB that it is the sole, exclusive author of the text, drawings, pictures, etc. of which the Classified Ad is composed. Failing this, it declares it is the holder of all the rights and authorisations required for dissemination of the Classified Ad.

Consequently, any Classified Ad deposited and disseminated on MB Services is published under the sole responsibility of the Advertiser. The Advertiser releases MB, it subcontractors and suppliers, from any liability, guarantees them against any judgements, court and extrajudicial costs that might result from any recourse in relation to the Classified Ad and will compensate them for any damage arising from the breach of this provision.

The Advertiser acknowledges and agrees that MB is entitled to delete any Classified Ad being disseminated that might not comply with Service dissemination rules and/or which might be liable to adversely affect third party rights or contain unlawful content.

8.2 The Classified Ads submitted by the Advertiser will propose only equipment that is available, at its disposal, which it owns or for which it has been entrusted the right to sell. Should the equipment not be available, the Advertiser will remove the Ad from the Sites as soon as possible.

8.3 In this respect, the Advertiser recognises and accepts that, for technical reasons, the onlining of a Classified Ad onto an Internet Site, Mobile Site and App will not be immediate upon its validation, it being specified that only Professional Advertisers that have subscribed to a Pack can deposit their Classified Ads from the Mobile Site and App.

8.4 The Advertiser declares it is aware of the scope of dissemination of Internet Sites and that it has taken every precaution to comply with current legislation in locations where it is received and releases MB from all liability in this respect.

8.5 The Advertiser agrees that the data collected or gathered on the Internet Sites may be retained by access providers and used for statistical purposes or to meet requests determined by or emanating from the Authorities.

8.6 To be admissible, any complaints must clearly indicate the alleged fault(s) with the Classified Ad and be transmitted to MB in writing within eight (8) working days of the submission date.

8.7 The Advertiser declares it has been informed that, to access MB Services, it must have an Internet access taken out with the provider of its choice, the cost of which is for its own account, and it acknowledges that:

Moreover, the Advertiser will comply with and maintain the confidentiality of its Account logon Identifiers and expressly recognises that any connection to its Account and any transmission of data to or from its Account will be deemed to have been made by the Advertiser.

Any loss, misappropriation or use of logon Identifiers and any resulting consequences come under the sole, entire responsibility of the Advertiser.

9.1 The GTCS take effect on acceptance of the Advertiser's Order by MB and apply throughout the period of the Services subscribed to.

9.2 MB Packs are concluded for an unspecified period. The Advertiser is free to unilaterally cancel its Pack at any time by means of a registered letter with recorded delivery addressed to MB, giving six months notice, it being pointed out that no reimbursement will be forthcoming.

9.3 Professional advertisers subscribing to an MB Pack for the first time have the option to cancel their Pack during the 3rd month of subscription by registered letter with recorded delivery addressed to MB provided a one-month prior notice is given.

If the Pack is not denounced during the 3rd month of subscription, it will be considered to be concluded for an unspecified period and can only be cancelled in compliance with the provisions in Article 9.2 above.

9.4 Should the Advertiser fail to meet any of its obligations, MB will be entitled to cancel the Pack and/or the Order and close the Advertiser's Account ipso jure, without prejudice to any damages.

10.1 All intellectual property rights (such as copyright, related rights, trademark rights, database producer rights) governing both the structure and content of the Internet Sites, Mobile Sites and Apps and, in particular, the images, sound, videos, pictures, logos, trademarks, graphic or text elements, visuals, tools, software, documents, data, etc. (hereinafter referred to as a whole by the term "Elements") are reserved. These Elements are the property of MB. These Elements are made available free of charge to Advertisers solely in order to use MB Services and in the context of normal use of its functions. Advertisers agree not to modify the Elements in any way.

Any use of the Elements of Internet Sites, Mobile Sites and Apps not expressly authorised will lead to a breach of copyright and constitute infringement. This may also lead to a breach of image rights, rights of individuals or any other rights and regulations in force. The civil or criminal liability of the perpetrator may therefore be invoked.

10.2 Advertisers are prohibited from copying, modifying, creating a derivative work, reversing the design or assembly or in any other way seeking to find the source code, sell, attribute, sublicence or transfer in any way any rights relating to the Elements.

Any reproduction, representation, publication, transmission, use or modification or extraction of all or part of the Elements, in any manner whatsoever, undertaken without the prior authorisation of MB in writing is illegal. The perpetrators of this illegal action will be held liable and legal action taken against them for infringement in particular.

10.3 MB trademarks and logos, Agriaffaires and MachineryZone in particular, together with the trademarks and logos of MB Partners, are registered trademarks. Total or partial reproduction of these trademarks and/or logos without prior authorisation from MB in writing is prohibited.

10.4 MB produces the MB Services database. Consequently, any extraction and/or reuse of the database(s) in the sense of Articles L 342-1 and L 342-2 of the French Intellectual Property Code is prohibited.

10.5 MB reserves the right to take legal action against persons failing to comply with the bans contained in this article.

11.1 Status of MB as far as Personal Data Regulations are concerned

- In the context of provision of MB Services (not including the classified ad Multidiffusion service and the Leboncoin Professional Equipment Boutique)

MB DIFFUSION, a simplified joint stock company with €87,000 euros capital, Evry Commercial Register N° 432 552 966, with its registered office located at 98, Allée des Champs-Elysées 91080 - COURCOURONNES France, represented by Mr. Olivier FLAVIER, in his capacity as General Manager, is responsible for processing the data of the Advertiser and the Users it collects in the context of the provision of MB Services.

Within the framework of the execution of this document, MB Diffusion processes the Advertiser’s data for the purposes of execution of this document, management of customer relations and invoicing. It also processes this data in the context of its legitimate interest in contacting the Advertiser again with commercial offers and for the purposes of statistics and improvement of its user experience and services.

The data collected in the context of this document can be accessed by MB Diffusion service providers and/or Partners, including MB Advertising and Schibsted France (MB Diffusion’s parent company), on the basis of its legitimate interest, which contribute from an administrative and technical standpoint to achieving the above purposes.

MB Diffusion’s personal data confidentiality policy applies to the relationship between MB Diffusion and the Advertiser, as per the terms of this document and can be accessed here :

The Advertiser acknowledges it has taken note and is able to find information in the policy:

Moreover, MB Diffusion is solely responsible for processing the personal data of its Users and will not transmit any personal data concerning its Users to the Advertiser, apart from those details that the Users themselves decide to disclose to the Advertiser by replying to its Ads.

- In the context of provision of classified ad Multidiffusion Services and the Leboncoin Professional Equipment Boutique:

In the context of provision of classified ad Multidiffusion Services and/or the Leboncoin Professional Equipment Boutique:

• MB Diffusion, as the entity responsible for processing, processes the Advertiser’s data for the purposes of providing classified ad multidiffusion services and, in particular, for the management of customer relations and invoicing. It also processes this data in the context of its legitimate interest in contacting the Advertiser again with commercial offers and for the purposes of statistics, improvement of its user experience and to combat fraud. MB Diffusion will also act as the data controller responsible for processing for the purposes of own-account prospecting of LBC Advertisers whose contact details will be transmitted by LBC France in the context of its agency services.
• In the context of its multidiffusion service on the annonces-pleinchamp.com site, with the reservation that Pleinchamp does not collect, transfer or process Advertiser data, MB Diffusion remains solely liable for the processing of the personal data of its Advertisers.
• However, in the context of its agency activity, MB Diffusion acts as a subcontractor on behalf of LBC France in the following cases:
  
  • when prospecting LBC Advertisers for subscription to the classified ad Multidiffusion Service and/or for the subscription and/or renewal for the Leboncoin Professional Equipment Boutique;
  • for invoicing and the management of customer relations in the context of the provision of Leboncoin Professional Equipment Boutique;
  • for the transmission of the Advertiser classified ad flow in the context of the classified ad Multidiffusion service for the Leboncoin Site.
• LBC France, PARIS Commercial Register SIREN N° 521 724 336, with its registered office located at 85-87 Rue du Faubourg Saint Martin, 75010 Paris, represented by Mr. Antoine JOUTEAU, in his capacity as General Manager, is responsible for processing and processes the Advertiser's data for the purposes of management of the diffusion of the Advertiser's classified ads and/or creation of the Leboncoin Professional Equipment Boutique on the Leboncoin Site. It also processes this data in the context of its legitimate interest in contacting the Advertiser again to propose commercial offers, for statistical purposes, to improve the user's experience and in order to combat fraud.

The data collected in the context of the provision of classified ad Multidiffusion Services and the Leboncoin Professional Equipment Boutique can be accessed by MB Diffusion and LBC France service providers, including Schibsted France (the parent company of MB Diffusion and LBC France) on the basis of its legitimate interest, which, from an administrative and technical standpoint, contribute to achievement of the above purposes.

The confidentiality policies of MB Diffusion and LBC France as regards personal data apply to the relationship between MB Diffusion and LBC France and the Advertiser, as per the terms of this document and can be accessed here:
- MB Diffusion
- LBC France

The Advertiser acknowledges it has taken note and is able to find information in the policy:
- on the retention period for its data and the contact details of the data protection officer,
- to exercise its access, rectification, deletion, limitation and portability rights, as well as to be able to withdraw its consent to canvassing.

Moreover, MB Diffusion and LBC France are solely responsible for processing the personal data of their Users and will not transmit any personal data concerning its Users to the Advertiser, apart from those details that the Users themselves decide to disclose to the Advertiser by replying to its Classified ads.

11.2. Status of the Advertiser as far as Personal Data Regulations are concerned

As applicable, it is hereby specified that the Advertiser will be solely responsible for the processing of any personal data that it is likely to receive from the users of MB services and/or the leboncoin.fr site when they reply to its classified ads or that it might collect following requests for transport, financing and/or expert appraisal requests.

In this respect, the Advertiser will comply with current legal and regulatory provisions relating to the personal data of Users and/or the Partners of MB that it might collect.

In particular, the Advertiser will use any technical means to maintain the integrity, security and confidentiality of User personal data and will guarantee the security of access to the storage systems of this personal data.

The Advertiser is informed of its obligations as the entity/individual responsible for processing and, in particular, for respecting User rights, their right to access, oppose and rectify their personal data.

The Advertiser and/or its Representative will be held liable in the event of non-compliance with these obligations and guarantees and will pay compensation to MB and LBC France (including for court costs and legal fees) in the event of any action, claims or applications brought by the Authorities or a third party following a breach by the Advertiser and/or its Representative as per the terms of this article.

12.1 MB cannot be held liable if an Order is not implemented or incorrectly implemented, as a result of the Advertiser or a case of force majeure.

12 .2 MB will make every effort to provide the necessary means to ensure the best possible provision of MB Services. Except in the event of a written commitment, the services marketed by MB are limited to MB Services, to the exclusion of any other services. MB does not in any way guarantee the results that may be anticipated by the Advertiser following subscription to these MB Services, notably following the dissemination of classified ads.

MB cannot be held liable for the capture of data made without its knowledge, nor of the resulting traceability.

MB cannot be held liable for interruptions in and modifications to MB Services and/or Internet Sites, Mobile Sites or iPhone® Apps or the loss of data and information stored by MB; it is up to the Advertiser to take all necessary precautions to preserve the Classified Ads published on the Internet Sites.

MB cannot be held liable for direct or indirect prejudice or damages of any kind, resulting from the management, use, operation, interruption or malfunction of Internet Sites, Mobile Sites, iPhone® and or MB Services.

MB and its subcontractors or suppliers cannot be held liable for delays or being unable to fulfill their contractual obligations, in the event of:

In addition, the Advertiser acknowledges that in the current technical state, with no guarantee from telecoms operators, permanent availability of MB services, the Internet Sites in particular, cannot be guaranteed.

In view of the technical requirements linked to Internet Site architecture, location information and statistics of visits and pages viewed by visitors to the Sites are mentioned for information purposes only. The latter cannot give rise to any recourse or request for indemnities of any kind from the Advertiser.

Except in the case of intentional fault or gross negligence, MB, its subcontractors and suppliers will not under any circumstances be held to pay financial compensation for or make good in kind the results of any errors and omissions in the composition of a Classified Ad. In particular, such events may not under any circumstances justify refusal to make payment, event partial, nor constitute entitlement to a Classified Ad at the expense of MB or compensation.

Provided 8 days' notice is given, MB reserves the right to modify, interrupt or halt access to all or part of MB's Services and/or Internet Sites, Mobile Sites or iPhone® Apps without having to pay the Advertiser an indemnity of any kind. The Classified Ad which, as a result, is not disseminated, is as applicable reimbursed to the Advertiser.

12.3 MB can only be held liable with respect to this document for proven fault, within a period of twelve (12) months of occurrence of the generating event: this is limited to the ex-VAT amount for Services collected by MB during the twelve (12) months preceding the event invoking the liability of MB, all generating events and prejudice combined.

Neither the Advertiser nor MB, its subcontractors or suppliers may be held liable for any delay, non-execution or other breach in its obligations resulting from a case of force majeure. Cases of force majeure will be those normally accepted by French Court and Tribunal jurisprudence, together with total or partial strikes, internal or external to one of the parties, a supplier or subcontractor, lock-out, transport service or supply hold-ups for whatever reason, fire, storms, flooding, water damage, government or legal restrictions, legal or regulatory modifications to forms of marketing, blocking of telecommunications resources, including networks, or any other case beyond the control of the Advertiser, MB, its subcontractors or suppliers preventing normal execution of MB Services.
In the event of the occurrence of a case of force majeure, one party will notify the other by registered letter with recorded delivery.
In the event of a case of force majeure, if the impossibility to carry out the contractual obligation should last more than 1 month, the parties would become free of their reciprocal obligations ipso jure, without any legal formality, without notice and without the possibility of claiming any indemnity from the party at fault after the dispatch of a registered letter with recorded delivery with immediate effect.

These GTCS apply as of 26th September 2018. MB reserves the right to modify all or part of these GTCS at any time. Advertisers are asked to regularly read the GTCS to take note of any changes made.

Should part of the GTCS prove illegal, invalid or non-applicable for any reason whatsoever, the provisions in question would be considered unwritten, without calling into question the validity of the other provisions, which would continue to apply between the Advertisers and MB. All complaints should be sent to the MB Customer Services Department.

These GTCS are governed by French law.
In the event of a dispute regarding interpretation of the GTCS, the French version of the GTCS will be authentic.
Any dispute will come under the sole jurisdiction of the PARIS Commercial Court, even in the event of the introduction of third parties, multiple defendants or in the event of emergency or precautionary proceedings, in an urgent or other application.