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.
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 Visitors 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.
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 Visitor's employees or associates is deemed to be made in the name and on behalf of said Visitor by a duly authorized person.
The Services are provided by VirtualExpo to Visitors free of charge on the Website. Some Services require the Visitor to create an account or communicate certain personal data in order to be identified.
The purpose of the Website is to present the Seller’s Products and Articles to Visitors, to provide Visitors 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 Visitor shall be responsible for the equipment necessary for access to and use of the Website, as well as 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 Visitor, who perform their respective obligations under their own responsibility.
By listing Sellers' Products and Articles in order to put them in contact with a Visitor, VirtualExpo intervenes only in the following qualities:
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 Visitor can subscribe to the e-magazines as well as, generally, to the VirtualExpo newsletters, by filling in the form provided for this purpose on the Website.
The Website allows Visitors 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 Visitors to make additional requests directly to the Seller concerning the Products likely to interest them.
To make a request, the Visitor must create an account or provide the identifying information required, according to the process featured on the Website.
The Visitor Member or Identified Visitor 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 Visitor Member has signed up, they will receive an account creation confirmation email from VirtualExpo.
When creating an account, the Visitor Member must use a email address and password that are personal and confidential. The Visitor Member undertakes to ensure the confidentiality of his or her email address and password and will be liable for fraudulent use of this information due to a fault or negligence on their part. Any Visitor Member who has knowledge of a fraudulent use of their account details must inform VirtualExpo as soon as possible.
The account allows the Visitor 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.
When using the Website, each Visitor undertakes not to undermine public order and to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of the TOU.
Notably, each Visitor must:
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 by 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 acceptance of the present TOU constitutes recognition by the Visitors of VirtualExpo's intellectual property rights and commitment to respecting them.
VirtualExpo’s obligations are obligations of means.
VirtualExpo undertakes to do everything in its power to ensure continuity of service and access to the Website 7 days a week, 24 hours a day. However, VirtualExpo draws the attention of Visitors 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 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 Visitor 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 Visitors 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.
Visitors 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 Visitor 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.
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.
VirtualExpo may terminate the Visitor Member's account in the event of the Visitor Member's breach of any of their obligations after prior notification has been unsuccessful.
Termination shall be without prejudice to any damages that may be claimed by VirtualExpo from the Visitor 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 Visitor who has committed a breach 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 Visitors to disregard the TOU and/or their legal obligations.
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 Visitor Member may terminate their 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.
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.
The present TOU and, in general, the relations between the Visitor and VirtualExpo are governed by French law.
When the Visitor is a consumer and resides in a Member State of the European Union other than France, the latter is informed that they also benefit, according to Article 6 paragraph 2 of the Rome I Regulation, from the protection afforded to them by the mandatory provisions of the law applicable to them.
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 Visitors having the capacity of merchant in accordance with Article 48 of the French Code of Civil Procedure).