The Website makes it possible to put Visitors and Sellers in contact, in particular through the requests formulated by Visitors and transmitted to Sellers.
The present Terms and Conditions of Use (hereinafter "TOU") govern the use of the Website according to the conditions outlined below.
YOU ACKNOWLEDGE THAT THE PRESENT GENERAL CONDITIONS ARE LEGALLY BINDING AND THAT YOU ACCEPT THEM. FAILING THIS, YOU ARE NOT UTHORIZED TO USE VIRTUALEXPO’S SERVICES.
ARTICLE 1: DEFINITIONS
- “Article”: refers to any content (text, photograph, video, etc.) relating to a Seller or their Products online on the Website, including, where applicable, brochures or technical data sheets for the Products, information or trends relating to the business field, a Seller's project, etc.
- “Potential Buyer”: refers to any person, professional or consumer, who accesses and browses the Website. The Potential Buyer must have the capacity to contract or otherwise commit himself or herself with the authorization of his or her legal representative.
- “Seller”: refers to any manufacturer or more generally any professional listed on the Website.
- “Buyer Member”: refers to any Potential Buyer who has created an account on the Website.
- “Identified Buyer”: refers to any Potential Buyer who has made a request on the Website and communicated his or her personal information.
- “Product”: refers to any product (and where applicable, any service) offered by the Seller and listed on the Website.
- “Services”: refers to all of the services offered to Potential Buyers by VirtualExpo on the Website.
- “Website”: refers to any website published and run by VirtualExpo, namely the Websites accessible at the URL addresses with the names directindustry, archiexpo, medicalexpo, nauticexpo, aeroexpo or agriexpo ending in .com, .fr, .+++, and on which VirtualExpo offers the Services.
- “VirtualExpo”: refers to the company VirtualExpo, a simplified joint stock company registered under number 432 439 701 with the Marseilles Trade and Companies Register (RCS), with headquarters at 17 avenue André Roussin 13016 MARSEILLES and whose legal representative is the VirtualExpo Group.
ARTICLE 2: PURPOSE AND ACCEPTANCE OF THE TOU
2.1. Purpose of the TOU
The purpose of the present General Conditions of Use is to establish the contractual provisions relating to the respective rights and obligations of VirtualExpo and the Potential Buyers concerning the use of the Website and the Services offered on it.
The relationship between VirtualExpo and the Seller is governed by the General Sales Conditions applicable to Sellers. Any professional who wants to become a Seller on the Website must contact VirtualExpo by filling in the form available on the Website.
2.2. Acceptance of the TOU
The use of the functionalities of the Website and of the Services implies the acceptance of the TOU.
The acceptance of the General Conditions by one of the Potential Buyer's employees or associates is deemed to be made in the name and on behalf of said Potential Buyer by a duly authorized person.
ARTICLE 3. WEBSITE AND SERVICES
The Services are provided free of charge by VirtualExpo to Potential Buyers on the Website. Certain services require the creation of an account or the identification of the Potential Buyer.
3.1. Purpose of the Website
The purpose of the Website is to present the Seller’s Products and Articles to Potential Buyers, to provide Potential Buyers with information and allow them to create an account and benefit from the associated functionalities, or to be put in contact with one or more Sellers.
The equipment required to access and use the Website is the responsibility of the Potential Buyer, as are the telecommunications costs incurred by their use.
It should be noted that VirtualExpo is not the owner or seller of the Products and has no control over the Articles listed on the Website (its sole role may, if necessary, be limited to the formatting or translation of content provided by the Seller).
Similarly, VirtualExpo does not participate in the relationship or possible contract between the Seller and the Potential Buyer, who perform their respective obligations under their own responsibility.
By listing Sellers' Products and Articles in order to put them in contact with a Potential Buyer, VirtualExpo intervenes only in the following qualities:
- Hosting in the sense of the French law number 2004-575 of June 21, 2004 for trust in the digital economy;
- Online platform operator according to the French law number 2016-1321 of October 7, 2016 for a Digital Republic.
All of the Articles, indications relating to the Products or to the Seller's points of sale (information sheets, characteristics, possible prices, etc.) are established by the Sellers (and/or are publicly available on the Internet) without the intervention of VirtualExpo on the content (except, where applicable, formatting and the translation of the content, it being specified that the translation of the Product descriptions is done via automated software).
VirtualExpo cannot therefore be held responsible for information provided by Sellers or information publicly available about their Products, for which VirtualExpo does not have the status of publisher. VirtualExpo also publishes content on the Website, including thematic e-magazines, accessible online on the Website. The Potential Buyer can subscribe to these e-magazines as well as generally to VirtualExpo newsletters by filling in the intended form on the Website.
3.2. Product search and creation of an account or request
The Website allows Potential Buyers to search for Products, consult information related to these Products or to the Sellers and/or be referred to their website, depending on the functionalities offered on the Website.
If this functionality is available to the Seller concerned, the Website allows Potential Buyers to make additional requests directly to the Seller concerning the Products likely to interest them.
To make a request, the Potential Buyer will need to create an account or sign in, according to the process outlined on the Website.
The Buyer Member or Identified Buyer agrees to provide VirtualExpo with accurate, faithful and up-to-date data, which does not infringe, in any way whatsoever, the rights of third parties, and to communicate to VirtualExpo any necessary updating of the data communicated when signing up.
Once the Buyer Member has signed up, he or she will receive an account creation confirmation email from VirtualExpo.
When creating an account, the Buyer Member must provide an email address and password that are personal and confidential. The Buyer Member undertakes to ensure the confidentiality of his or her email address and password and will be liable for fraudulent use of his or her login info due to fault or negligence on his or her part. Any Buyer Members who are aware of fraudulent use of their login details must inform VirtualExpo as soon as possible.
The account allows the Buyer Member to benefit from additional functionalities accessible with the said account, for example to place Products among his or her "favorites" saved in his or her account, access requests made to Sellers, manage his or her subscriptions to e-magazines or newsletters, etc.
ARTICLE 4. POTENTIAL BUYERS’ OBLIGATIONS
In the context of the use of the Website, each Potential Buyer undertakes not to infringe public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of the TOU.
Specifically, every Potential Buyer is obligated to:
- Behave in a fair and reasonable way with regard to VirtualExpo, the Sellers and third parties;
- Be honest and sincere in the information provided to VirtualExpo and, where applicable, to Sellers and third parties;
- Use the Website in full compliance with its purpose as described in the TOU;
- Not divert the purpose of the Website in particular to commit crimes, offenses or infractions punishable by the Penal Code or any other law;
- Respect the privacy of third parties and the confidentiality of conversations;
- Respect the intellectual property rights of VirtualExpo related to the Website's elements;
- Not seek to undermine the meaning of Articles 323-1 and following of the French Criminal Code for automated data processing systems implemented on the Website;
- Not modify the information put online by VirtualExpo or a Seller;
- Not use the Website to send unsolicited messages on a massive scale (advertising or other);
- Not disseminate data that has the effect of diminishing, disorganizing, slowing down or interrupting the normal operation of the Website.
ARTICLE 5. INTELLECTUAL PROPERTY
The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and text and any other content on the Website are the exclusive intellectual property of VirtualExpo or the Sellers and may not be reproduced, used or represented without express authorization subject to legal proceedings.
Any partial or total reproduction of the Website or its content by whatever means without the express prior authorization of the owner of the rights to said content is prohibited and shall constitute an infringement punishable under Articles L.335-2 and following and Articles L.713-1 and following of the French Intellectual Property Code.
In particular, VirtualExpo expressly prohibits:
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content from its database to another medium, by any means and in any form whatsoever;
- Reuse, by making all or a qualitatively or quantitatively substantial part of the database content available to the public, whatever the form;
- The reproduction, extraction or reuse, by any means, of the Articles and more generally of the content listed on the Website.
The acceptance of the present TOU constitutes recognition by the Potential Buyers of VirtualExpo's intellectual property rights and commitment to respecting them.
ARTICLE 6. RESPONSIBILITY
6.1. General principles
VirtualExpo’s obligations are obligations of means.
VirtualExpo undertakes to do everything in its power to ensure continuity of service and access on the Website 7 days a week, 24 hours a day. However, VirtualExpo draws the attention of Potential Buyers to the fact that current communication protocols via the Internet do not ensure the transmission of electronic exchanges (messages, documents, identity of the sender or recipient) in a certain and continuous manner.
VirtualExpo declines all responsibility, in particular:
- in the event that it is temporarily impossible to access the Website for technical maintenance operations or to update published information. Potential Buyers acknowledge that VirtualExpo cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
- in the event of virus attacks, illegal intrusion into an automated data processing system or incidents not due to a fault of VirtualExpo or abnormal use or illegal exploitation of the Website by a Potential Buyer or a third party;
- with regard to the content of third party websites hypertext links on the Website lead to;
- in the event of non-compliance with the present TOU attributable to the Potential Buyers;
- in the event of a delay or non-performance of its obligations, where the cause of the delay or non-performance is related to force majeure as defined in these TOU;
- in the event of an extraneous cause not attributable to VirtualExpo;
- in the event of any breach by the Potential Buyer or the Seller in the direct relationship between the Potential Buyer and the Seller, in which VirtualExpo does not participate.
In any event, VirtualExpo may only be held liable in the event of proven fault.
In the event of abnormal use or illegal exploitation of the Website, the Potential Buyer is then solely responsible for damages caused to third parties and the consequences of claims or actions that could result from this.
With regard to Potential Buyers who are professionals, VirtualExpo's liability is excluded for immaterial damages such as loss of opportunity, loss of profit, loss of contract or damage to image and will, in any event, be strictly limited to the amount of €1,000.
6.2. Hosting status
Potential Buyers acknowledge that VirtualExpo has the status of host according to the meaning of Article 6 I 2 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy known as LCEN.
As such, VirtualExpo reserves the right to remove any content it has been informed of and that it considers manifestly illegal within the meaning of this text
The notification of manifestly illegal content by a Potential Buyer or any other third party must be made by email or by registered mail with acknowledgment of receipt and comply with Article 6 I 5 of the same law.
6.3. Online platform operator
The listing of Products on our search engine is linked solely to the relevance of the product. The evaluation of this relevance is based on the level of similarity between the semantics of the search performed and the semantics of the definition/model/brand chain. A maximum of 3 products per brand will be listed for each search. If there is equal relevance, the Products of Sellers who have signed up for an annual subscription with VirtualExpo will be highlighted. Sellers are subject to VirtualExpo's General Sales Conditions and may be unlisted if they fail to comply with them.
ARTICLE 7. CANCELLATION
VirtualExpo may terminate the Buyer Member's account in the event of the Buyer Member's breach of any of his or her obligations after prior notification has been unsuccessful.
Termination shall be without prejudice to any damages that may be claimed by VirtualExpo from the Buyer Member for damages suffered as a result of such breaches.
VirtualExpo may refuse the creation of an account or the sending of a request to any Potential Buyer who has committed a breach of the TOU.
ARTICLE 8. GENERAL PROVISIONS
8.1. Validity of the TOU
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the TOU (non-essential) will not affect the validity of the TOU. Any such modification or decision shall in no case entitle the Potential Buyers to disregard the TOU and/or their legal obligations.
8.2. Modification of the TOU
The TOU may be modified and updated by VirtualExpo at any time, in particular to adapt to legislative or regulatory changes. In the event of refusal of the new TOU, the Buyer Member may terminate his or her account.
The failure of either party at any time to require strict execution by the other party of any provision or condition of the TOU shall not be deemed a definitive waiver of this provision or condition.
ARTICLE 9. LANGUAGE, APPLICABLE LAW AND DISPUTE RESOLUTION
Any translation of the TOU into a language other than French is given as an indication, only the French version shall prevail. The French version of the TOU is available on the Website which ends in .fr or upon request to VirtualExpo.
9.2. Applicable Law
The present TOU and, in general, the relations between the Potential Buyer and VirtualExpo are governed by French law.
When the Potential Buyer is a consumer and resides in a Member State of the European Union other than France, the latter is informed that he or she also benefits, according to Article 6 paragraph 2 of the Rome I Regulation, from the protection afforded to him or her by the mandatory provisions of the law applicable to him or her.
9.3. Dispute Resolution and Jurisdiction
Prior to any legal recourse, negotiation in a spirit of good faith shall be privileged with the aim of reaching an amicable agreement in the event of any dispute relating to the contract, including its validity.
If no amicable agreement is reached within one (1) month of one of the parties receiving written referral of the matter, each party shall regain its full freedom of action and right to appeal to a judge.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.
Only the French courts within the jurisdiction of VirtualExpo's headquarters will be competent (this provision being applicable only to Potential Buyers having the capacity of merchant in accordance with Article 48 of the French Code of Civil Procedure).