Terms of Use

 

The company Advisto SAS (hereafter called "Advisto" or "us") gives you a license of use of the site www.advisto.com under the present Terms of Use. If you use the services of our Internet, you confirm to accept all the provisions of these present Terms of Use. If you do not accept them, you can submit your questions in « Contact Us ».

We reserve ourselves the right to modify at any time these present Terms of Use, by putting online the new version on our site. If it results a substantial modification in the rights of the users, this will be carried to the attention of all users.

The present Terms of Use are driven and interpreted in accordance with the French right. The French courts will be the only competent to come to a conclusion about all the litigations relating to the execution of the present Terms of Use likely to appear between the parts. This English document is a free translation of the French version of the Terms of Use, available by choosing the French language at the bottom of this page. We do not warrant the quality of this translation, and this English version may be an older version than the French one. In all cases, the only document of reference remains the French version. Please refer to it if you have any precise question.

 

Article 1. Advisto is an online platform

 

1.1. Site inscription

Our services are reserved to the people juridically able to subscribe contracts in French right. Our services are not available for the minors of less than 18 years, except under the authority of their parents or their legal guardian. Your Advisto account and your pseudonym cannot be transferred or sold to thirds.

 

1.2. The role of Advisto

Our role is not the one of an "auctions company". On the contrary, our site is only an online platform whose aim is to allow anyone, anywhere and at anytime, to offer, sell or buy practically all that he wishes, according to various methods, in particular according to a system of bidding on line. We do not allocate the goods put on sale. We do not intervene in the transaction between purchasers and salesmen. Consequently, we do not exert any control on quality, the safety or the licit character of the indexed articles, the veracity or exactitude in the ads put on line, the capacity of the salesmen to sell the aforementioned goods or services nor the capacity of the purchasers to pay the aforementioned goods or services. We cannot ensure the salesman or the bidder will conclude the transaction.

We do not accept any responsibility consisting of a protection regarding articles indexed on our site which could appear dangerous. You must check that the articles that you buy are well authorized to be sold and bought by the applicable law.

Furthermore, we offer you a service of currencies conversion, so that you can visualize the ads in your own currency. The converted amounts have only one indicative value, in particular because of the constant fluctuations of the exchange rates. We endeavor to bring up to date the conversion rates but to in no case we certify a certain rhythm of update of these exchange rates. In addition, our source data being not warrantied, we cannot ensure you the quality of these rates of exchange. Thus we encourage you to check the amounts with your interlocutor and to define with him the currency to be used for your payment.

For information purposes, the last update of the exchange rates was made on Tuesday, June 29, 2021 at 10h00 (CET Time).

Advisto and you are independent parts, each one acting on its behalf and for its own account. The present Terms of Use do not create any link of subordination, mandate, joint venture, employer/employee between Advisto and you.

 

1.3. Price and Services

All our services presented on our site are free. We reserve ourselves the right to modify our pricing policy.

 

Article 2. Putting on sale

 

2.1. Ads description

The ads can only include texts and images that you provide us and describe the articles to be sold (or for which you request offers of purchase). All the articles put on sale must be it in the suitable category.

The information provided on the site or in an email, shall not:

• content direct or indirect links;
• be false, vague, untrue;
• be fraudulent or imply the sale of counterfeited or stolen articles;
• disrespect the patent law, the trademark laws, the trade secrets, the other rights of intellectual ownership , the right of disclosure or the private life of the thirds;
• disrespect a law or a rule including, and without limitation, those governing the control of exports, the consumer protection, the unfair competition, the discriminatory practices or the misleading publicity;
• be defamatory, scandalmongers, libelous, discriminatory or incite violence or racial, religious or ethnical hate;
• comprise obscene or pedophile contents;
• contain a program aiming at damaging or at intercepting clandestinely any information, processing system, personal data or information;
• engage our responsibility or have for consequence the loss of the benefit of whole or part of the services of our suppliers, in particular our Internet service providers.

You are the only responsible for your transmitted information, Advisto playing only one role of passive intermediary for their online posting.

 

2.2. Sale conclusion

When you bid on an article (provided the conditions of minimal offer or at price of reserve are met), you make an offer of purchase of the article. In French right, if the aforementioned offer of purchase is accepted by the salesman, the sale is considered concluded. It means that the salesman must sell the article to the purchaser and the purchaser must buy the article from the salesman, according to the conditions contained in the description of the article, except if the aforementioned conditions or the sale are against the law or against the stipulations of these Terms of Use. Neither the purchaser nor the salesman can retract except in the cases envisaged by the law. If you raise on articles, you certify to have the legal capacity to buy such articles.

The salesman is free to choose with which bidder he wishes to conclude the sale. However, as of the notification by the salesman of the acceptance of the offer to the bidder, the provisions of the French law on the sale apply.

The bidders and the salesmen cannot manipulate the price of the articles, nor get involved in the ads or the transactions of the other users. In particular, your are not allowed to shill-bid, meaning that you cannot bid on your own articles. To avoid the appearance of being involved in this activity, family members, friends, and individuals living together, working together or sharing a computer should not bid on each other's items.

 

2.3. Conformity with the law

You commit yourself to respecting the laws, the rules and the standards of all kinds relating to the use of our services, the rise, the setting on sale, the purchase, the request of offers of purchase or the sale of articles. Moreover, you accept that the use of our services can result in a qualification of "trader" within the meaning of the L121-1 article from the French Commercial law. If you are a merchant, you are subjected to certain specific obligations, such as the inscription of your company, the behavior of accountancy in accordance with the applicable rules, the payment of the VAT, other taxes and taxes applicable according to the provisions of the French law of the 25 January 1985 in the event of insolvency. In addition, if you use the site as a merchant, or more generally as a professional, you will have to respect the regulation relating to the invoicing and the remote sale, as well as the whole of the applicable rules of the right of consumption. We recommend you to consult a lawyer for getting advice on this field.

 

Article 3. Personal information

 

3.1. Your account

Your account and your profile are protected by password so that only you have access to this personal information. You can modify your account information and your profile using your login and your password.

We recommend you not to reveal your password to anybody. We will never ask you for your password via a phone call or an e-mail not requested. Moreover, you must not forget to disconnect you from your session nor to close the window of your navigator at the end of your session.. Thus you will prevent another user to reach your personal information if you share your computer with another person, or work in a public place.

 

3.2. Protection of your data

Although we make all efforts to protect your personal information, we cannot ensure nor warrant that the information you transmit us, directly or by the means of our products or services on line, is protected. Thus you communicate them to us at your own risks. After reception of your data, we endeavor to ensure their safety on our systems.

In accordance with the French Data-processing and Freedom law n° 78-17 of January 6, 1978 relating to data processing, the files and the freedoms, you have a constant right of access, of correction and deletion of the data concerning you. This right could be exerted directly on the site in your space « My account » where you can modify the personal data concerning you, by sending a message in « Contact Us », or by writing to us at the address indicated in « About Us ».

 

3.3. Use of your data

To deliver a service of quality, we may be brought to collect personal data on the Users. We automatically record certain data relating to your practices on our site. We use these in-house data to make statistics on our users, their interests and their behaviors always with an aim of better serving them. These data are compiled and analyzed in their entirety, and can include the URL which you have just visited, that on which you will go, the navigator that you use, and your IP address. We also use cookies (small files stored on your hard disk) in order to store in particular the language in which you wish to visualize the site, as well as the two currencies of your choice.

In addition, if you indicated at the moment of your inscription that you wish to receive offers or information of our share, we will occasionally email you information on the products and services which may interest you. If you do not wish to receive such messages, you can specify it when you communicate us personal information.

If this communication is reasonably necessary to conform to the actual French laws and rules and or with any legal or administrative requisition, to protect us, our users or any other person, you accept and authorize the communication to third parties of all information related to you.

 

3.4. License of use

In order to allow us to use the information that you communicated us without violating the rights that you could have on this information, you concede us a nonexclusive, irrevocable, free license without restriction of territory, with the right to concede under-licenses to exploit the royalties and disclosure rights which you have on this information, for an exploitation in any existing or future media, in the respect of our rules on the respect of the private life. The present license will remain active for all the legal duration of the protection of your Personal Information.

 

Article 4. User rights

We confer you a noncollective and nonexclusive right of private user on the site content. You have the right to reproduce only for storage purposes, for representation on a single-user screen and for a single reproduction of backup or printing. Any diffusion in network, any broadcast, in some form, even partial, is thus prohibited. This right is personal and reserved for the exclusive and noncollective use of the licensee. It is not transmissible in any manner. Any other use is subjected to preliminary written authorization. The violation of these imperative provisions exposes the responsible contravener, and all people responsible, with the penal and civil sorrows envisaged by the law.

You agree not to use software or processes to copy our pages Internet or to record or collect information on these pages without our preliminary written assent. You agree not to use devices or software of all kinds in order to disturb or to try to disturb the correct operation of our site. You agree not to engage any action which would result in a disproportionate load on our infrastructures. The majority of the information contained on our site are brought up to date in real time and are given to us in license by our users or of the thirds. You accept not to copy, reproduce, deteriorate, modify, create derived works or to reveal to the public whole or part of the contents of our site without our preliminary written assent or the one of the third parties concerned.

 

Article 5. Responsibilities, warranties and infringements

 

5.1. Control and liability discharges

Since we do not intervene in the transactions between purchasers and salesmen, you release us (as well as our administrators, managers, agents and employees) from any responsibility in the event of litigation between several users for any complaint, and any damage present or future, supposed or not, occurring in a direct or indirect way of these complaints.

We do not control the information provided by the other users and made public on our site. Information from the other users can be offensive, detrimental, vague or misleading. The identity and the quality of a user can be different from those presented on the site. Thus we recommend you to be careful and cautious when you use this site and to take all the precautions necessary. You have the possibility of communicating directly with your potential trade partners. You can also plan to use a service of third of sequestration or a service to check the identity of the user.

 

5.2. Liability and warranty

Advisto and its suppliers propose the site and the services related as is. Consequently, we exclude, within the limits permitted by the law, all warranties relating to the present Terms of Use, including counterfeit. Naturally, the rights to which you are entitled by the law are not concerned.

The aim of the present Terms of Use is not to limit or exclude our responsibility insofar as the applicable law prohibited such a limitation or exclusion. If you are a consumer, the rights which are granted to you by the law are not discussed. Without neglecting the provisions exposed in the preceding paragraph, Advisto and its suppliers cannot be held responsible for any loss or deteriorations of data, loss of profit, sales turnover, opportunity, time, or for any consequential damage, even if the aforementioned loss or damage is due to a negligence or is in connection with the present Terms of Use, or with very other causes.

You agree to defend and indemnify Advisto (including for the lawyers reasonable expenses) like its managers, administrators, agents and employed against any request or complaint made by third parties, caused or resulting from your violation of these Terms of Use or any document which is incorporated there by reference, or from your violation of any law or the rights of these third parties.

 

5.3. Infringements

Without excluding other ways of appeal, we reserve ourselves the right to give you a warning, to suspend temporarily or definitively your inscription, to cease providing you any service if you are engaged in fraudulent activities, if you violate the present Terms of Use or the documents which are incorporated there by reference, if we are in the incapacity to check or authenticate the information that you provide us, and that you do not take action on our requests for authentification, or if we think that your actions are likely to engage your responsibility, ours or those of the users.

 

Article 6. Other Provisions

 

We do not warrant that the operation of our services will be uninterrupted, free from any error or sure. We cannot be held responsible for any failure to our obligations regarding these Terms of Use due to the facts escaping our control and/or resulting from a case of absolute necessity. The cases of absolute necessity will include in particular, in addition to the cases recognized by jurisprudence, all natural disasters, all acts of war, attacks to the public order, epidemics, fires, floods and other disasters, all governmental acts, all strikes, lockout, like all electric and technical problems preventing the communications. In the case one of the conditions present in the Terms of Use would be considered to be illegal or inapplicable by a decision of court, the other conditions of these Terms of Use will remain applicable, in the condition that the global meaning of the contract would not be altered.

You accept that the present Terms of Use can be freely and fully transferred by Advisto to a third party in the event of a fusion or an acquisition. The titles of the various articles appearing in the present Terms of Use are purely indicative and do not determine necessarily the contents of the articles to which they refer. Our tolerance with a failure in the present Terms of Use by a user or a third party cannot be considered to be a tolerance with any other similar or later failure. The present Terms of Use, accompanied by the documents incorporated by reference, constitute the entirety of the agreement concluded between the parts.

The laws applicable in your country are different from those applicable in other countries on many ways, considering in particular the goods which can legally offered to the purchase, be sold, exported, be bought or imported. Furthermore, there can be legal requirements, like the possession of a valid license to pursue an activity, or a declaration to be allowed to transfer of certain goods, like the cars for example. We cannot overlook the laws in force in each country, and even if we could it, we could not control the use of our site made by the other users.