GENERAL TERMS AND CONDITIONS FOR USING THE WEBSITE
Article 1 – Definitions:
Used Equipment: All construction and lifting equipment as well as farming and industrial equipment and directly or indirectly associated spare parts, having been previously used.
Advertisement: Any insert granted on the site in order to promote the sale of Used Equipment as defined hereinabove
User: Any person using the services on the www.used.manitou.com website (visitor, purchaser, advertiser...)
Advertiser: Any dealer or seller approved by Manitou Group, or any subsidiary, acting in a professional capacity and placing an Advertisement on the www.used.manitou.com website.
Internet user: Any person looking for information regarding the sale of Used Equipment and who is neither an Advertiser nor a Subsidiary of Manitou BF, but who may be a purchaser.
Article 2 – Website Scope:
The User hereby acknowledges and accepts that the name www.used.manitou.com used herein shall apply to all domain names and sites registered by Manitou BF for promoting Used Equipment from its distribution network.
The scope of the present General Terms and Conditions for Using the Website is to define the terms and conditions under which the www.used.manitou.com website and the services it offers shall be accessed. Navigating the Website shall imply acceptance hereof without reserve by the User.
Manitou BF. S.A.’s www.used.manitou.com website’s purpose shall be:
- Offering the placement and viewing of Sales Advertisements for Used Equipment as defined in the “Definition” article hereof and thereby:
- providing Advertisers as defined in the “Definition” article the opportunity to distribute, on a unique site, their sales offering for Used Equipment intended for the agricultural, construction, and industrial sectors.
- providing Internet Users as defined in the “Definition” article the opportunity to look-up sales offers for Used Equipment intended for the agricultural, construction, and industrial sectors.
- Offering access to optional products and services related to the placement and view of advertisements (equipment rating, “in search of” announcements, watchkeeping...).
The Website may change in order to fulfill its Users’ expectations. Manitou BF, or any of subsidiaries substituted therefor, may modify the Website content and suspend certain functional features at any time without prior notice without engaging Manitou BF’s responsibility for any consequences of such modifications for Users.
Internet Users are hereby informed that the equipment offered for sale on this website is from Manitou Group’s dealer network members of this service. THEREFORE THE INTERNET USER’S CONTACT INFORMATION SHALL BE TRANSMITTED TO THOSE MEMBER DEALERS SUSCEPTIBLE OF FULFILLING THE REQUEST. Contact information may be accessed, changed, or deleted by a request sent to the following e-mail address: used@manitou.com
Article 3 – Acceptance of the General Terms and Conditions for Using the Website:
The www.used.manitou.com website falls under Manitou BF’s responsibility. Nevertheless, Users hereby accept that any subsidiary may be substituted for Manitou BF at any time in order to operate the service(s) available on the Website. Users are hereby informed that the Website’s operational management has been entrusted to Manitou Benelux.
By navigating the Site, Users hereby acknowledge familiarity with the present General Terms and Conditions and expressly accept to comply herewith unconditionally. Any use of the services shall be deemed pure and simple acceptation of the General Terms and Conditions for Using the Website.
The General Terms and Conditions for Using the Website may be modified at any time by Manitou BF without prior notification to website users. Said Terms and Conditions shall be applicable from the time they are published online. Users shall regularly consult the most recent version of the Terms and Conditions for Using the Website available at all times linked in the footer of the Website’s home page at the following address: www.used.manitou.com
Certain services may be subject to special terms and conditions; in this case, the latter shall prevail over these presents.
Any documentation other than the present General Terms and Conditions and on any media such as a leaflet or catalogue published by the www.used.manitou.com website shall be for informative purposes only.
Article 4 - LANGUAGE
Any translation of the French version of the General Terms and Conditions for Using the Website or for Registration and Subscription shall be provided, where appropriate, by Manitou BF for informative purposes only. Only versions of said General Terms and Conditions in the French language shall govern the legal relations between the Parties.
Should a contradiction arise between the French version and the translation, the provision in the French version shall prevail.
Article 5 – Site Access – Use:
Users hereby acknowledge being suitably equipped, particularly with regards to computer, telecommunications, and security equipment in order to access and use this site.
Manitou BF shall make all due effort to ensure the site is accessible 24-hours-a-day and 7-days-a-week. Nevertheless, testing, inspection, and maintenance modalities and operations, as well as servicing required in case of breakdown, may be performed at any time by Manitou BF. Also, Manitou BF reserves the right to close or remove from accessible all or part of the Site in particular for maintenance or at the request of any judicial authority and in case of force majeure. Manitou BF shall make all due effort to inform Users, to the extent possible, of the occurrence of such operations.
All costs and fees for equipment, communications, telecommunications, etc. required for connecting to and using the Website, as well as any related authorization shall be the Users’ responsibility.
Article 6 - Site Content - Responsibility:
Users shall be solely responsible for their use of Manitou BF’s services
Information of any kind disseminated on the Website shall be solely intended as a presentation for informative purposes of the Used Equipment offered for sale by the Advertisers. Manitou BF, or any subsidiary substituted therefor, shall provide no guarantee regarding the exactness, accuracy, or up-to-datedness of such information. Manitou BF, or any subsidiary substituted therefor, shall not be held liable for the interpretation, completeness, completeness, and updating of data and information contained in this website. Consequently, such information shall not be interpreted, directly or indirectly, as being contractual in nature. Manitou, or any subsidiary substituted therefor, shall not be held liable for any damage, direct or indirect, tangible or intangible, whether attributable or not to consulting and using the information and services offered by the present Website.
Manitou shall provide an optional rating service for Equipment offered for sale. Said rating consists of categorizing the Used Equipment’s status, so that Users may have a general idea of the machine’s status. Manitou BF, or any subsidiary substituted therefor, shall not, under any circumstances, be held liable for the Used Equipment rating system it provides and makes available to Advertisers as the latter shall be responsible for using a rating that does not correspond to the status of the Equipment offered in the Advertisement.
The contractual guarantee shall be provided directly by the dealer-seller or must be purchased from a third-party service provider and Manitou shall not, under any circumstances be held liable.
The services presented may be modified at any time, without prior notice, and Manitou BF shall not be held liable for the consequences of such modifications. Therefore, Manitou BF may freely modify its transmission and conveyance capacities or other resources or technical services used for the Website.
Manitou BF shall not be held liable, under any circumstances, for any damages, of any type whatsoever, resulting directly or indirectly from using the Website, particularly, but not exclusively with regards to a virus which may damage or render the User’s computer equipment unusable.
The items and services offered shall comply with applicable French legislation. Manitou BF, or any subsidiary substituted therefor, shall not be held liable for non-compliance with local legislation where the services are used.
The Advertisements distributed shall be published online under the Advertiser’s sole responsibility. Manitou BF hereby declines any responsibility with regards to the accuracy and pertinence of said Advertisements.
Users hereby acknowledge that the information provided for consultation may not be complete or exhaustive and that Users shall be responsible for verifying such information, in particular, before signing any Sales Contract for the equipment.
Manitou BF shall not conduct any verification of the Users’ capacity to sell the goods or services or of the purchasers’ ability to pay for the goods and services. Manitou BF shall not, under any circumstances, act as guarantor for Sales Contracts signed between an Internet User and an Advertiser. Manitou BF cannot verify the quality, working condition, safety, dangerousness, legality, general status, or compliance of the advertised Used Equipment and consequently shall not be held liable in these regards.
Manitou BF shall not be held liable, in general, for the failure to sign a Sales Contract, or in particular for non-payment of the price or non-delivery of the Used Equipment that may have been sold. Moreover, Manitou BF shall not guarantee the purchaser’s credit worthiness or good faith or its ability to purchase the Used Equipment.
In this regard:
• The Seller shall be responsible for verifying the Purchaser’s credit worthiness, by requiring a guarantee as necessary.
• The Purchaser shall be responsible for verifying the Seller’s good faith and the existence and status of the Equipment for sale.
Manitou BF provides Users with the following contact information: used@manitou.com for Users to provide notification regarding any event which may be deemed litigious of which they may become aware, or any remark which may provide for improving the Site.
Article 7 – Intellectual Property:
The Website and its contents are the property of Manitou BF or are subject to a utilization authorization, both with regards to its general design and the software, visuals, database, source code, design, photographs and images, texts, drawings, sounds, and all other works comprising the Website content. Any representation, reproduction, or distribution, in whole or in part of the Website, whether or not for valuable consideration, without prior written permission from Manitou BF, the author and the publisher, or its beneficiaries or assigns shall be prohibited (Art. L.122-4) except for the strict requirements of online viewing. Such representation or reproduction, by any process whatsoever shall be deemed a copyright violation pursuant to Articles L.335-2 and following of the French Intellectual Property Code, punishable by three years in prison and a €300,000 file for such actions.
The brands and logos included on the site are trademarks. In particular, Manitou, Braud & Faucheux, Buggie, Manitransit, Manihoe, Manilec, Maniaccess, Maniloader, Maniscopic are trademarks registered by Manitou BF. Any reproduction, use, imitation, affixing, deletion, or modification of such items without the prior written permission from Manitou BF is prohibited and shall constitute a copyright violation.
In accordance with the provisions of law no. 98-536 dated July 1st, 1998 transposing Directive 96/9 EC dated March 11th, 1996 regarding legal protection for databases into the French Intellectual Property Code, Manitou BF is the creator and owner of all or part of the databases comprising the present Website.
Users shall strictly comply with intellectual property laws.
With regards to presenting photographs used to show the equipment offered for sale, Manitou BF, or any subsidiary substituted therefor, shall not be held liable, particularly for non-compliance with intellectual property laws, as Manitou requires that Advertisers only use photographs for which they hold the copyright or a license. Manitou BF shall not, under any circumstances, be held liable for verifying the reality or existence of such rights held by Advertisers.
Article 8 - Personal Data Protection:
Manitou BF shall respect its Users’ personal data and shall strictly comply with applicable personal data protection laws.
Manitou BF shall not divulge to third parties any information provided by Users without the latter’s express permission.
Automated processing of the personal data collected, in order to enrich the database to provide better service, has been reported to the French Personal Data Protection Authority (CNIL) under the following record number: 1502547.
In accordance with the Personal Data Protection law dated January 6th, 1978, modified by law no. 2004-801 dated August 6th, 2004 regarding protecting natural persons; you have a right to access, correct, modify, oppose, or delete your personal data and may exercise such rights by writing to the following address:
Service Marketing – Manitou Benelux - 1360 Perwez Chaussée de Wavre, Zoning Industriel
This right may not be exercised online.
Manitou BF reserves the right to inform its Users by e-mail regarding developments in its own services or sales offerings. Users may remove their subscription to marketing e-mails with a simple e-mail request.
Article 9– Hypertext Links:
The creation of any hypertext link from external Internet sites to the Website is prohibited without prior written permission from Manitou BF.
The Website may contain hypertext links leading to other sites (“third-party sites”) As Manitou BF has no control over such third-party sites which are administered independently by their operators, Users hereby accept that Manitou BF may not be held liable, under any circumstances, for any damaging consequences for Users arising from accessing a third-party site by following a hyperlink from the Website.
Article 10 – Cookies
In order to better serve Website Users, Manitou BF may automatically install “cookies” in their Internet browsers. Such cookies allow Manitou BF to record information regarding Website navigation and allow the identified User to automatically access reserved, private content. Users may oppose the use of cookies by configuring their Internet browsing software in accordance with the publisher’s instructions. In this case, Users shall accept the loss of account settings and private for-pay access.
Article 11 – General Provisions
The General Terms and Conditions for Using the Website, as well as the legal notice and General Terms of Use shall be subject to French law.
Should a dispute regarding the interpretation, execution, or implementation of any of the provisions herein arise, and failing an amicable agreement between the Parties, any litigation regarding the Website shall be under the sole jurisdiction of the courts in Nantes (France).