Conditions Générales de l’Utilisation et de Vente
31 mars 2021
The following terms and conditions apply to all users or advertisers of the website www.ToutVendre.Ch (hereinafter referred to as "the website").
DAIKOZ Company will perform updates at anytime the conditions set forth herein. Thus, we invite users to browse back at each visit.
Each of the terms mentioned below have in these Terms and Conditions ( hereinafter the " CGU " ) and Sales Conditions ( hereinafter the "CGV" ) the following meanings:
Ads: means all elements and data (visual, textual, sound, photo, drawing ) added by a advertiser under his editorial responsibility, to buy, rent or sell a good or service and posted on the Website.
Advertisers: means any person major physics (hereinafter referred to as "Private advertiser") or moral person ( hereinafter referred to as "Professional advertiser") established in France ( including French overseas departments excluding Mayotte and COM ) or abroad and who filed and posted an announcement on the Site.
Services provider: DAIKOZ Company.
Service: means the service offered by the provider and of offering a hosting service and Internet distribution of free or paid advertisements depending on the chosen option to individuals and professionals.
Gateway tools: means the services that allow professionals advertiser to bulk ads posting and automatically update.
Website: means the website operated by DAIKOZ company, accessible mainly from the URL www.ToutVendre.Ch and allowing Users and Advertisers to access the Service described above via the Internet.
Users: means any visitor having access to the website www.ToutVendre.Ch and consulting said Site, accessible from the various media offered by the Provider.
Term and Condition are intended to define conditions of use for the services available for user as well as for advertiser on the Website.
The subscription terms for paying options ( hereinafter "Pay Options") are specified in section "PRICES - PAYING OPTIONS" of these Terms and Conditions.
USE OF SERVICES
Any users and/or Advertiser claims to be informed that he must have access to the Internet, cost is at its own charge.
Any user claims to give an true, regularly updated and complete informations.
At the time of online registration to the Service, the User will select a username or an account name and a password. It will remain exclusively responsible for maintaining the confidentiality of these. Advertiser acknowledges that any connection to its Ads or Account or any data transmission from its past will be deemed to be made by the Advertiser.
As such, the Advertiser will remain liable in respect of DAIKOZ company of all action or operation that may be made with the use of their ID and passwords.
Any loss, misuse or use of login and their possible results are the sole responsibility of the Advertiser.
Therefore, it is strongly advised to immediately inform DAIKOZ company for all unauthorized or fraudulent use of their account via Contact form in the "Help" section.
Any users can to become an advertiser and post an ads that will appear on the Website.
Advertiser warrants that all rights ( including intellectual property rights ) or have obtained all necessary authorizations to the publication of the announcement provided including visual (photograph).
Advertiser warrants that the announcement does not contravene any regulations (particularly on advertising, competition, promotion, sales, use of the English language, the use of personal data, the prohibition of the marketing of certain goods or services), or any third party rights ( including intellectual property rights and personality rights ) and that it contains no defamatory or harmful message with regard to third.
Advertiser agrees to grant free to DAIKOZ company in non-exclusive basis, for all language, for the world and for the legal duration of the rights (including any extensions that may be involved), all intellectual property rights related to the elements used for to composes the ads (including text, image, photograph, logo, illustrations, trademarks, designs, titles, data) ( hereinafter referred to as the "Elements").
These rights include the right to reproduce, distribute, adapt, modify, translate, and communicate to the public all or part of the Elements by any means, all sizes and all media (digital, print ... ) known or unknown to this day. The rights listed above are granted for the site.
Availability of goods
Advertiser agrees to offer in ads that products / goods available at his disposal. The Advertiser agrees, in case of unavailability of the product / well to withdraw the Announcement on the website as soon as possible.
Content and Ads posting
Advertiser represents and acknowledges that it is solely responsible for the content of ads they publish and make available to users , as well as any document or information it provides to users .
Advertiser has sole editorial responsibility for the content of ads that it has published.
By depositing any announcement, each Advertiser acknowledges and agrees that DAIKOZ can remove at any time, without compensation or the right to repayment of sums incurred by the Advertiser for the purposes of its deposit if the deposit has not been made free, an Ad which would be contrary to French law in particular, for the dissemination of the Service and / or likely to infringe the rights of others.
Any Ads is broadcast, after it went online. Advertiser agrees and understands that his Ads, for technical reasons, not be broadcast immediately after its deposition on the Site.
The advertiser accepts the addition of a button for purchase by secure payment to allow buyers to make secure payments. The buyer can refuse an offer by secure payment without fees or commission.
hyperlink creation and insertion
The implementation of all hypertext link to all or part of the webite is strictly prohibited, unless prior written permission of DAIKOZ Company.
If a user wants to create a hypertext link to the Site and that , whatever the medium, it must first contact DAIKOZ by sending an email via "Support Contact" in "Help" section.
All DAIKOZ silence should be interpreted as a refusal.
If a Advertiser wishes to insert a hypertext link to his Ads, link must be sent directly and solely to the Advertiser's Site. This insertion must also and necessarily entail the insertion of a link to the website www.ToutVendre.Ch on the page pointed to by the Ads.
To know the modalities of this integration, thanks to go to the "Help" section.
Any links that's not following their requirements must be removed by requesting to DAIKOZ Company.
Furthermore, the use of hypertext links set up as part of this website leading to other resources on the Internet can lead to other server, server that DAIKOZ has no control.
DAIKOZ company can not be held responsible for the content, data, products and information offered through the sites to which links are made. In particular, the DAIKOZ company assumes no liability for sites whose data does not comply with legal and regulatory provisions in force.
Marketing and informal collect
The commercials use or public diffusion of data downloaded from the Website is strictly prohibited, on pain of criminal sanction laid down by Articles 226-16 to 226-24 of the Penal Code that punish the particular offense unlawful collection of personal data.
Search on the website
Any user has the ability to search for classified ads available with several criteria. Searches show the results in the user-defined sort order. In case of a sort by relevance, the search is done by the keywords most present in the title and the description. Some keywords provided may be ignored by the search.
PRICE - PAID OPTIONS
The Service provided by DAIKOZ company is depending on the status of Advertiser. You will find below the rate conditions based on your quality, you are a Private advertiser or Professional advertiser.
To post one or more ads on our website is currently free.
Single or bulk ads posting is free as soon as the professional advertiser use the website gateway tools.
However, if you want to put in place specific compared to what is offered by our platform, thank you to contact us via the "Contact Us" and mention your application and its specific features.
In such case, you will be offered a subscription to a "Paid Options" via a quote.
All acceptance of the quotation by the professional advertiser means acceptance of price and therefore the paid options.
Secure payment and delivery
Please refer to our partner's current rate.
Our partner takes care of user complaints regarding the use of its solution. In other words, all requests, complaints, disputes should be addressed to our partner. DAIKOZ can therefore in no way be held responsible for the use of the secure payment service.
Informal Ads moderation
DAIKOZ reserves the right to remove, without notice or compensation or reimbursement right, any announcement that would not be consistent for the dissemination of the Service and / or that could infringe the rights of third parties.
To this end, we advise you to consult regularly the "Publication Rules" of the website.
Each user have the ability to report an abusive Ads content from the website by clicking on the "REPORT THIS AD" on each Ads page.
Text, photo, image and sound on this Site are the property of its creator. Reproduction in whole or in part, of this site or one or more of its components including image, sound, video, photograph , logo, trademark, graphics, including text, image, tools, software, files, data , etc. (hereinafter referred to as the "Content") by any means whatsoever without the express authorization of its creator, is prohibited and constitutes an infringement punishable by Articles L.335-2 and following of the Code of Intellectual property.
The information, icons , photographs, images , texts, video sequences with or without sound and other documents available on this webite are subject to industrial or intellectual property rights and depending on the case, the creator ownership or third having authorized the creator, or one of its subsidiaries, to use them.
As such, any reproduction, adaptation, translation and / or transformation, partial or integral, or transfer to another site are prohibited. Partial or complete reproduction of these various objects , without the prior written consent of the creator, is strictly prohibited.
This content is available to users and advertiser, free of charge, for the sole use of the services and under normal use of its functionality. In this respect, the Users and Advertisers agree to not modify in any way such Content.
Any not expressly authorized use of the Website content, involves a violation of copyright and constitutes infringement. It can also cause a violation of image rights, personal rights or any other rights and regulations. It can thus engage the civil and / or criminal liability of its author.
It is prohibited to any User and Advertiser to copy, modify, create a derivative work, reverse engineer, disassemble or otherwise attempt to discover any source code, sell, assign, sublicense or transfer in any way any right pertaining to the Content.
DAIKOZ is databases producer for the services proposed to users. Consequently, any extraction and / or re-use of or databases within the meaning of Articles L 342-1 and L 342-2 of the Code of intellectual property is prohibited.
DAIKOZ reserves the right to take every legal recourse against people who did not comply with the prohibitions contained in this article.
RESPONSIBILITY AND GUARANTY
Responsibility and liability
As the hoster, the DAIKOZ company is subject to a liability regime under articles attenuated 6.I.2 . nº2004-575 and following of the law of 21 June 2004 on confidence in the digital economy.
DAIKOZ can not therefore in any way be responsible for the content of the ads published by the Advertiser.
DAIKOZ is a third party connections and relationships between advertisers and users, and thus excludes any liability in this regard.
Limitation of liability
DAIKOZ is committed to implement all necessary means in order to best ensure the provision of the service offered on the Site Users and Advertisers.
DAIKOZ undertakes to perform his performance in the engineering practice of his profession and in accordance with laws and regulations, it being recalled that his performance is to enable hosting and broadcasting ads.
DAIKOZ company is bound only by an obligation of means regarding the information it makes available to users and Advertiser.
Responsibility for DAIKOZ company can not be held for any inconvenience or damage arising from the use of the Internet, particularly for breach of services, external intrusion, downloaded viruses or damage to hardware or software resulting from the use or visit the webite. Consequently, it is for advertiser to take all necessary precautions to keep the ads published by them via the services.
DAIKOZ company can incur no liability for errors, omissions or for the results that may be obtained by the use of such information contained on this Website. In particular, the use of hypertext links can lead you to other websites where DAIKOZ Company has no control.
DAIKOZ makes every effort to make its website available 24/7, regardless of the programmed maintenance operations.
Access to the Website and the services are provided on the basis of a service called "as is" and therefore accessible according to its availability.
As such, access to the webite may be temporarily interrupted for maintenance, update or technical improvements, or to develop its content and / or presentation without interruption not give rise to any obligation or compensation from DAIKOZ company.
Overall, DAIKOZ company can not incur any liability for failure to comply by website users or advertisers of these Terms.
Responsibility of DAIKOZ not be engaged only for direct damages suffered by the Advertiser, resulting from a breach of its contractual obligations as defined herein. The User and / or the Advertiser therefore waives DAIKOZ seek redress for any reason whatsoever, for indirect damages such as lost profits, loss of opportunity, commercial or financial loss, increased overheads or losses emanating from or resulting from the execution of these.
Each user and advertiser is solely responsible for damage to third parties and the consequences of claims or actions that may result.
The user and / or the Advertiser also waives all recourse against DAIKOZ in the case of prosecutions conducted by a third party against it due to the use and / or illegal use of the services, including cases lost by a user or advertiser password or in case of usurpation of identity.
La responsablité de DAIKOZ ne pourra en aucun cas être engagée sur les fondements suivants:
- Utiliation des services non-conforme aux conditions précus au contrat
- Suspension de l'accès ou, suspension temporaire ou définitive des services
- Defaillance, dysfonctionctionnement, inexecution ou indisponibilité des services
- Destuction, perte ou alteration de tout ou partie des contenues
- Dommages indirects tels que, notamment, trouble commercial ou préjudice, perte d'exploitation, perte de commandes, atteinte à l'image de marque, perte de bénéfices, ...
- Divulgation, perte ou utilisation illicite ou frauduleuse de moyens d'authentification des utilisateurs
SERVICE MODIFICATIONS AND CONDITION OF USE
DAIKOZ company reserves the right, at any time, modify, discontinue, temporarily or permanently access all or part of the services and / or the site.
DAIKOZ company will makes effort to inform users of any interruption of which he becomes aware.
It will not be responsible for any consequence of modifications, suspensions or discontinuance of the service.
The responsibility of DAIKOZ can not be held liable for suspension or interruption of service due to another operator or service provider; or even more so in case of force majeure.
Changement de prix
DAIKOZ se réserve la faculté de modifier ses tarifs à tout moment. Les changements de prix sont applicables immédiatement à toute nouvelle Commande. Pour les Services en cours d'utilisation, en cas daugmentation de prix, le Client est informé avec un délai de prévenance de trente (30) jours calendaires par courrier électronique.
Modification of Terms
DAIKOZ reserves the right to modify at any time all or part of the Terms and / or Terms. In this respect, the user and advertiser are encouraged to review these Terms to be aware of any changes.
Use of the webite by user and advertiser means acceptance of these the Terms and Conditions.
DAIKOZ company will not be liable to the user or the Advertiser about breach of its obligations in case of force majeure. On the occurrence of a force majeure event, this event will effectively suspend the performance of obligations DAIKOZ for the duration of the event.
Is considered a case of force majeure, external event, unforeseeable and irresistible preventing the normal performance of the obligations of the provider, as defined in the last French case-law on force majeure.
ACCESS TO PERSONAL DATA
Under the Data Protection Act of 6 January 1978, any user and / or Advertiser has a right to access, modify, correct and delete their personal data ( Art. 34 of the law "Data processing and Freedom").
To exercise this right, you can either:
- Send us a registered letter with acknowledgment of receipt to the following address: DAIKOZ , 203 avenue Paul Julien l'Escapade , Building E, 13100 LE THOLONET or
- See or edit your personal information directly by accessing your user account online.
The automated processing of personal data carried out by the website has been declared to the National Data Processing and Liberties Commission (CNIL) under number 1485247.
When using our partner's secure payment service, personal data (surname, first name, email) will be transmitted to this partner in order to contact you and ensure the security of the transaction.
Terms and Conditions are governed by French law.
En cas de litige, l'Utilisateur et/ou l'Annonceur et DAIKOZ s'engagent à agir de bonne foi l'une envers l'autre et à privilégier, en tout état de cause, un règlement amiable au litige.
A défaut de règlement amiable entre les Parties, tout litige ou toute contestation qui s’élèverait entre l’Utilisateur et/ou l’Annonceur et DAIKOZ sera de la compétence exclusive du Tribunal du siège de DAIKOZ, et ce, même en cas d'appel en garantie, de demande incidente ou de pluralité de défendeurs.