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    General Terms and Conditions of Use EQUIRODI Classifieds

    Last modified on 15 03 2024

    1. Purpose of these general terms and conditions

    1.1. EQUIRODI, a simplified joint stock company with a single shareholder, with capital of €5,000, registered with the LONS-LE-SAUNIER Trade and Companies Register under number 504 811 373, identified under the intra-community VAT number FR00504811373, whose registered office is located at 3, rue de Scey 39100 DOLE (hereinafter referred to as "EQUIRODI") publishes Internet sites that are accessible in French and other languages, in particular at the address www.equirodi.com, for the general advertisement site, and at the addresses www.equitransport.com, www.equiponi.com, www.equidomain.com, www.equirodistar.com, for the specialised advertisement sites for the specialised advertisement sites (hereinafter the "Platform") consisting of facilitating contact between sellers and buyers for the purchase, sale and/or rental of movable and/or immovable property and/or the provision of services in the equestrian world, in particular by enabling them to create, publish, search and/or consult advertisements. The Platform also allows users to create email alerts and save ads, as well as subscribe to newsletters. Ads for the sale of equestrian equipment and saddles are subject to EQUIRODI MARKET's Terms and Conditions.

    1.2. These General Terms and Conditions of Use for Equirodi Classifieds (hereinafter referred to as the "GTCU") detail the rights and obligations of EQUIRODI and users, whether individuals or legal entities, of the Platform (hereinafter referred to as the "User"). Users may register as private individuals, i.e. as consumers within the meaning of the French Consumer Code, or as professionals.

    2. General provisions

    2.1. Users declare that they have read these GTCU and accept them in full and without reservation.

    2.2 In the event of contradiction with versions of the GTCU in another language, only the French version shall prevail.

    2.3 EQUIRODI reserves the right to modify all or part of its GTCU at any time. Any new conditions will automatically come into force for individual Users. Users are therefore advised to regularly consult the latest version of the GTCU.

    2.4. For Professional Users, the new version of the GTCU will be sent with sufficient time to allow the seller to request deregistration from the Platform if the new GTCU are not accepted. This period will not be less than fifteen (15) days except :

    - If the modification results from a legal obligation for EQUIRODI to change its General Terms and Conditions

    - If the modification is made to address an unforeseen and imminent danger in order to protect the services offered by EQUIRODI, consumers or other user companies against fraud, malware, spam, data breaches or other cybersecurity risks.

    The fact that the seller publishes new advertisements on the Platform during the notice period implies acceptance of the new GTCU.

    2.4. The nullity of any one of the clauses of these GTCU shall not entail the nullity of the other clauses which shall retain their full effect and scope. In this case, EQUIRODI undertakes to update its GTCU to replace the invalid clause.

    2.5. The fact that EQUIRODI does not at a given time invoke any of the clauses of these GTC shall not be construed as a tolerance or waiver of the right to invoke these GTC at a later date.

    3. Registration terms and conditions

    3.1. Online registration on the Platform is compulsory in order to take full advantage of the services offered by EQUIRODI (in particular publishing an ad, contacting a seller, tracking an ad, etc.).

    3.2. The User's personal account is created via the registration form available on the Platform, or via their Facebook account (via Facebook Connect) or via their existing account on one of the websites published by EQUIRODI.

    3.3. The User undertakes to provide accurate and truthful personal information, not to usurp the identity of a third party or mislead as to their identity, and to update their information as soon as possible in order to guarantee its relevance and accuracy. EQUIRODI declines all responsibility for confirming the identity, capacity, reliability or skills of Users. EQUIRODI may, however, require Users to confirm their identity.

    3.4. The User must be over 15 years of age and have the capacity to contract to register on the Platform.

    3.5. Each User may only have one personal Account on the Platform. Users undertake not to create or use accounts other than the one they initially created. EQUIRODI reserves the right to immediately suspend any additional User account.

    Once an Account has been created the User undertakes to:

    (a) immediately inform EQUIRODI in the event of a breakdown or malfunction of EQUIRODI services or of his personal Account;

    (b) regularly consult messages sent by EQUIRODI to the email address registered by the User in his Account. Any communication sent by EQUIRODI to the User at this email address is deemed to have been received and read by the User.

    4. User status

    4.1. The User must indicate very precisely the status under which he is operating on the Platform: Individual or Professional. The Individual User must ensure that he does not become a Professional within the meaning of the law, in particular by not exceeding a certain annual amount of sales on the Platform, by not reselling products purchased solely for resale, by not selling products that he has created, etc. Otherwise, it is up to him to change his status on the Platform and to accept the Professional registration conditions.

    4.2. It is a misleading commercial practice for a Professional to pass themselves off as a consumer, and therefore to appear as an Individual on the Platform. This offence is punishable by two years' imprisonment and a fine of 300,000 euros. The amount of the fine may be increased, in proportion to the benefits derived from the offence, to 10% of average annual sales, calculated on the basis of the last three annual sales known on the date of the offence, or to 50% of the expenditure incurred in carrying out the advertising or practice constituting the offence.

    5. Account confidentiality and security

    5.1. When creating a personal account, the User is given a unique identifier and a strictly personal password, which he undertakes to keep confidential and not to pass on to third parties.

    5.2. Users are responsible for maintaining the confidentiality of their password and account and for any fraudulent use of their account. EQUIRODI shall not be held liable for any loss or damage arising from any failure by the User to maintain the confidentiality of his/her access.

    5.3. EQUIRODI will never request personal information such as passwords, credit card numbers or bank account numbers by email.

    5.4. The User undertakes to close the session at the end of each use of the Platform.

    5.5. Users undertake to notify EQUIRODI as soon as possible if a third party uses their personal account. EQUIRODI will send the User a new login and password upon receipt of such notification, duly substantiated by proof of identity, which the User undertakes to keep confidential.

    5.6. The User undertakes not to register under a pseudonym that could infringe the rights of a third party. The User undertakes not to create or use accounts other than the one initially created. EQUIRODI reserves the right to immediately suspend the account(s) of a User who has not received explicit authorisation from EQUIRODI to create a new account.

    6. General rules for publishing advertisements

    6.1. Only Users registered on the Platform may create, publish and manage Advertisements in accordance with the terms and conditions set out below.

    6.2. Each ad may only offer one and only one item for sale or rental, or service. A lot may be offered for sale or for rent, but must include an overall price; unit prices are prohibited. E.g.: general advertisements such as "numerous products for sale" are not accepted.

    6.3. Ads must be entered in the appropriate category and in the department where the property is located. It is forbidden to insert the same ad in several departments or in several categories.

    6.4. The User undertakes to provide all information relevant to the sale, rental or service offer, and to publish photographs or videos of the property or service for each advertisement, with the exception of any logo, website address, link to a website or advertisement. The photographs and videos in the advertisement may not be used to illustrate several advertisements.

    6.5. The User undertakes not to include in the advertisement :

    (a) any other website address,

    (b) any direct contact details (email, telephone, fax, postal address, etc.),

    (c) any invitation to an event,

    (d) any advertising,

    (e) any element unrelated to the content offered,

    (f) any direct or indirect redirection to a site with competing content or to an entity competing with EQUIRODI,

    (g) any element that is misleading, false or likely to mislead as to the content offered.

    6.6. Furthermore, advertisements must relate to products or services:

    (a) actually and immediately available,

    (b) of which the User has full and complete ownership, or for a service actually provided by the User,

    (c) in acceptable condition (no visible stains, holes, tears, indelible marks, missing parts, etc.),

    (d) which are lawfully traded and comply with public order and morality,

    (e) are not counterfeit (copy, etc.), do not infringe the rights of third parties, in particular intellectual property rights (copyright, patent, trademark, etc.),

    (f) does not infringe any legal or contractual rules governing the distribution or sale of the product. To this end, the User must check in particular the destination or origin of the product or service. It is the responsibility of each User to find out about the legal rules of the country to which the consumers to whom he is sending the product or service belong, in particular by taking into account the domain names (.it for Italy, .fr for France, .be for Belgium, etc.) and to comply with these legal rules. EQUIRODI cannot be held liable if the User violates the legal rules governing the sale of a product or service. Professional Users are also responsible for complying with consumer law in the country for which their ad is intended.

    6.7. The User undertakes to provide all useful information relating to their advert, and to publish photographs or videos that they have taken themselves, true to the product offered. In particular, the User guarantees to hold the rights to the photos and videos. Under no circumstances may these photos represent an identifiable physical person. Photographs and videos of an ad may not be used to illustrate other ads. EQUIRODI reserves the right to delete any photograph or video that has clearly not been taken by the User or that is unrelated to the product or service offered by the ad.

    6.6. Advertisements must be submitted in the language of the site from which it is submitted.

    6.7. Search advertisements or purchase advertisements must be placed in the appropriate category using the submission form specific to these advertisements.

    6.8. Advertisements relating to the sale for consideration of horses, ponies, donkeys and stallions must comply with the legislation applicable to the keeping and identification of horses.

    6.9. Users are solely responsible for the content of the advertisements that they place and publish on the Platform. They guarantee the accuracy and truthfulness of all information published by them on the Platform, in particular information relating to the essential characteristics of the product or service offered. He/she also guarantees that he/she holds all rights, in particular intellectual property rights, and that he/she has obtained all assurances and authorisations necessary for the publication of said content.

    6.10. Users are responsible for the content they publish on the Platform and guarantee that this content does not infringe any third party rights. In the event of recourse by a third party against EQUIRODI based on a violation of a right by the User's content, the User shall bear the costs paid by EQUIRODI for its defence as well as any payment of damages to which EQUIRODI may be ordered to pay.

    6.11. The User undertakes to delete as soon as possible advertisements presenting a product that has been acquired, or advertisements concerning a product that the User no longer wishes to offer for sale, exchange, rental or donation, or concerning a service that the User no longer wishes to offer, as well as to delete an old advertisement before publishing a new one concerning the same product or service.

    6.12. EQUIRODI reserves the right to request the User to modify and/or delete his/her ad and/or to do so directly in the event of non-compliance with these GTCU and/or the EQUIDORI Privacy Policy and/or any legal rule.

    6.13 EQUIRODI also reserves the right to refuse, block or delete any advertisement published by the User which is contrary to these GTC, or which indicates that the property is "sold", "no longer available" or "rented", without prior notice or payment of compensation to the User.

    7. Messaging system rules

    7.1. Users may communicate via a private messaging system accessible in the "My Account" section.

    7.2. The sole purpose of the messaging system is to exchange information relating to the advertisement. Users therefore undertake to comply with these GTCU and the EQUIRODI Privacy Policy, and in particular to refrain from using the messaging system to send promotional messages.

    7.3. Users are asked to exercise caution when using the messaging system and when transmitting information to other Users. It is the User's responsibility to find out about the User contacting him/her and the User's intentions before communicating information.

    7.4. Users undertake not to use the messaging system or any EQUIRODI services to send promotional messages or spam. Furthermore, the messaging system may under no circumstances be used to offer a sale outside of the Platform or on another platform for establishing contact.

    7.5. The User undertakes to comply with the law applicable to the processing of personal data. If the User is a professional, he undertakes to inform the User who contacts him of his confidentiality policy.

    7.6. Any misuse of the messaging system or any violation of this article is considered sufficiently serious to authorise EQUIRODI to close the User's account without notice.

    8. Buying from a User

    8.1. Professional sellers

    8.1.1. Right of withdrawal

    8.1.1.1. The right of withdrawal is applicable where the seller is a Professional and the purchase is made remotely or off-premises. The Individual buyer then has a period of fourteen (14) days from receipt of the product to exercise this right. The buyer must consult the conditions for exercising the right of withdrawal and returning the product in the seller's GTCS. It should be noted that the seller operating on a professional basis must comply with articles L.221-28 et seq. of the Consumer Code, which apply to consumers. A retraction form is offered by Professionals.

    8.1.2. Legal warranties

    8.1.2.1. All products sold by a Professional seller to an Individual buyer are subject to the legal guarantee of conformity provided by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and to the guarantee against hidden defects provided by articles 1641 and 1648, first paragraph, of the French Civil Code.

    Article L.217-4 of the French Consumer Code: ''The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.

    He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility''.

    Article L.217-5 of the French Consumer Code: ''The goods conform to the contract:

    1° If it is fit for the use normally expected of similar goods and, where applicable :

    - if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

    - if it has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

    2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter''.

    Article L.217-12 of the French Consumer Code: ''Action resulting from a lack of conformity shall be barred after two years from delivery of the goods''.

    Article 1641 of the French Civil Code: ''The seller is liable for any hidden defects in the item sold that render it unfit for the use for which it was intended, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them''.

    Article 1648 of the Civil Code, first paragraph: ''The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

    8.1.2.2. Any other guarantee, legal or commercial, and any other condition for returning a product is indicated in the Professional seller's GTCS. It is the buyer's responsibility to consult and approve them before making a purchase from this seller.

    8.2. Individual sellers

    8.2.1. Products sold by an Individual, although not subject to the guarantee of conformity of the Consumer Code, are subject to the guarantee of articles 1641 et seq. of the Civil Code.

    8.2.2. The buyer and the seller must contact each other in order to establish the procedure for returning the product and for reimbursement, where applicable.

    8.2.3. The User is informed of the liability rules applicable in the event of non-performance or poor performance of a contract by clicking on the link below:

    https://www.legifrance.gouv.fr/codes/id/LEGISCTA000032041441/

    9. Obligations of the User

    9.1. Tax and social security reporting obligations for users based in France

    9.1.1. The User is informed that the sale or rental of a product on the Platform may give rise to tax and social security obligations, whether the User is an Individual or a Professional. In particular, Individual Users must ensure that the total amount of sales made on the Platform does not cause them to fall into the Professional category.

    9.1.2. The User is solely responsible for complying with these obligations and for referring to the applicable legislation on a regular basis. Failure to comply with these obligations will result in sanctions.

    The link below provides the User with a description of his tax obligations:

    https://www.impots.gouv.fr/portail/node/10841

    and that of its social obligations:

    https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html

    To make it easier for Users to access information that concerns them directly :

    • The User will find the tax and social security obligations applicable to receipts and income from the sale of products at the links below:

    Tax obligations :

    https://www.impots.gouv.fr/portail/files/media/1_metier/1_particulier/EV/1_declarer/141_autres_revenus/eco-collabo-fiscal-vente-biens.pdf

    Social obligations :

    https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie/quelles-activites/la-vente-de-biens.html

    • The User will find the tax and social security obligations applicable to receipts and income from the rental of products at the links below:

    Tax obligations :

    https://www.impots.gouv.fr/portail/files/media/1_metier/1_particulier/EV/1_declarer/141_autres_revenus/eco-collabo-fiscal-location-biens.pdf

    Social obligations :

    https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie/quelles-activites/la-location-de-biens.html

    9.2. Disputes between Users

    9.2.1. As previously indicated, EQUIRODI is in no way a party to the contract between the Buyer and the Seller.

    9.2.2. Therefore, Users shall be responsible for any dispute that may arise between them or with third parties, in particular due to a lack of conformity, delivery, refusal to return, an apparent or hidden defect, or a failure to perform or improper performance of a User's obligations. The User remains responsible for his choices when purchasing, exchanging, renting or donating goods or ordering services, and for ensuring that they meet his needs and expectations. EQUIRODI exercises no control over the quality, safety or legality of the goods and services offered on the Platform, nor over the ability of Users to sell said goods or provide said services, nor over the ability of Users to purchase said goods or services.

    9.2.3. Users are invited to exercise caution before making any purchase and to obtain information by contacting the seller.

    9.2.4. In the event of a dispute between Users, the complaining User may inform EQUIRODI. The User accepts that a complaint from another User may result in the closure of his/her Account if the complaint is justified. The User guarantees EQUIRODI against any request, recourse or action that any third party or other User may take as a result of the User's use of the Site contrary to these GTCUs and/or EQUIRODI's confidentiality policy, and indemnifies EQUIRODI against any costs, including legal costs, that may result.

    9.3. General

    9.3.1. Users are solely responsible for the content of the advertisements they place and publish on the Platform. They guarantee the accuracy and truthfulness of all information published by them on the Platform. They also guarantee that they hold all rights, in particular intellectual property rights, and that they have obtained all the assurances and authorisations necessary for the publication of said content.

    9.3.2. Users shall be responsible for any disputes they may have with each other or with third parties, in particular as a result of a lack of conformity, delivery, defect or non-performance or poor performance by the seller or buyer. The User remains responsible for his or her choices when purchasing or renting a product and for ensuring that it meets his or her needs and expectations. EQUIRODI strongly encourages the examination of horses by a veterinarian chosen by the buyer prior to purchase.

    9.3.3. The User is expressly forbidden to:

    (a) breach any of the clauses of these GCU, or applicable laws and regulations,

    (b) any fraud, falsification or usurpation of identity,

    (c) use the Platform for any other purpose not expressly authorised by these GCU, in particular to download, distribute, post or send, in any form whatsoever, unwanted (spam, pishing) or unsolicited messages, or for the purposes of harassment or misuse of the ad delivery service,

    (d) refer to a platform competing with EQUIRODI,

    (e) infringe the image or rights, in particular intellectual property and image rights, of third parties or those of EQUIRODI, or denigrate EQUIRODI, its products, services or managers,

    (f) undermine the proper functioning of the Platform or Users' terminals, in particular by downloading, distributing, posting, sending or transmitting in any form whatsoever computer viruses, Trojan horses or other malicious files,

    (g) collect or store personal data concerning Users for illegal purposes or to canvass them commercially without having obtained their consent, and more generally in contravention of EQUIRODI's Privacy Policy,

    (h) make statements, behave in a manner, store or publish content on the Platform or send content via hypertext links that is defamatory, abusive, libellous, obscene, pornographic, paedophilic, zoophilic, violent, threatening, discriminatory, classified, in breach of laws relating to the protection of minors, inciting hatred, suicide or violence, encouraging illegal activities or the use of illegal substances, and more generally contrary to public order or morality.

    9.3.4. The User undertakes to:

    (a) comply with these GCU and the applicable legal and regulatory provisions, in particular governing the goods they offer for sale or purchase,

    (b) Immediately inform EQUIRODI in the event of a breakdown or malfunction of EQUIRODI services or their personal account,

    (c) delete as soon as possible any advertisement for which the good or service offered has been sold, as well as any old advertisement before publishing a new one for the same good or service,

    (d) regularly consult messages sent by EQUIRODI to the email address registered by the User in his account. Any communication sent by EQUIRODI to the User at this email address is deemed to have been received and read by the User,

    (e) indemnify and hold EQUIRODI harmless from and against any and all claims, demands or actions that may be brought by any third party or any other User as a result of the User's use of the Site in contravention of these GTCUs and/or the Equirodi Privacy Policy, and indemnify and hold EQUIRODI harmless from and against any and all costs, including legal costs, that may be incurred as a result.

    9.3.5. The Professional User undertakes to respect the legal rules governing sales to consumers and in particular to provide all pre-contractual information to a consumer who contacts them.

    10. EQUIRODI's liability

    10.1. The User acknowledges and accepts that EQUIRODI's services are limited to facilitating contact between Users and that EQUIRODI cannot therefore be held liable for any talks, contracts or relationships that may or may not arise between Users through its services.

    10.2. EQUIRODI may not be held liable in the event of:

    (a) damage or loss linked to hypertext links that may be contained in published advertisements and for which EQUIRODI is not responsible,

    (b) indirect damage, including commercial loss or disruption, loss of orders, operations or customers, damage to brand image or reputation.

    (d) damages resulting from the loss, disclosure, illicit or fraudulent use of the User's login and password,

    (e) error or omission by the User in the content of the advertisement or in the event of poor quality reproduction of photos, videos or technical documents supplied. The User undertakes to inform EQUIRODI in such a case as soon as possible. EQUIRODI will use its best endeavours to rectify the advertisement, without this justifying the withholding of the price or giving the User the right to compensation or reimbursement,

    (e) use of the Platform that is inappropriate, abusive or contrary to the GCU.

    10.3 EQUIRODI provides no guarantee as to the continuity, performance, durability, compliance or compatibility of the Platform. EQUIRODI uses its best efforts to make its Platform available 24 hours a day, 7 days a week, except in case of force majeure or events beyond EQUIRODI's control, including but not limited to malicious acts or computer viruses. This is an obligation of means only.

    10.4 EQUIRODI reserves the right to modify or interrupt, at any time, temporarily or permanently, all or part of the access to the Platform, without prior notice or compensation or right to reimbursement to the User, in particular in the event of maintenance operations, hardware or software upgrades, emergency repairs to websites, or as a result of circumstances beyond EQUIRODI's control. The User acknowledges and accepts that EQUIRODI is not liable for any difficulties or impossibility of access, slowness of connection, and more generally for any direct or indirect damage of any kind resulting therefrom.

    10.5. The User is informed and accepts that, for technical reasons, advertisements placed on the Platform will not be published and broadcast instantaneously and that they may be moved on the Platform without prior notice.

    10.6 In its capacity as host within the meaning of articles 6.I 2° et seq. of law n°2004-575 of 21 June 2004, EQUIRODI cannot guarantee the legality or otherwise of published advertisements. Any person may notify EQUIRODI of any abusive content at the following email address: contact@equirodi.com. After verification, EQUIRODI will do its best to remove the content in question.

    10.7 EQUIRODI shall not be held liable in the event of:

    (a) damages or losses related to hypertext links that may be contained in published advertisements and for which EQUIRODI is not responsible;

    (b) indirect damage, including commercial loss or disruption, loss of orders, operations or customers, damage to the User's brand image or reputation;

    (c) damage resulting from the loss, disclosure, illicit or fraudulent use of the User's identifiers and passwords;

    (d) error or omission by the User in the content of the advertisement or in the event of poor quality reproduction of photos, videos or technical documents supplied. The User undertakes to inform EQUIRODI of any such case as soon as possible. EQUIRODI will use its best endeavours to rectify the advertisement, without this justifying the withholding of the price or giving the User the right to compensation;

    (e) use of the Platform that is inappropriate, abusive or contrary to the GCU.

    10.8. In general, EQUIRODI cannot be held liable for any indirect damage, nor for any direct damage caused by the User, a third party or a case of force majeure as defined by the French Civil Code.

    10.9. Should EQUIRODI be held liable towards a Professional User, it is expressly agreed that EQUIRODI's obligation to pay compensation may not exceed, for all breaches combined, the amount of the annual fee paid by the Professional User to EQUIRODI for the services provided by EQUIRODI.

    11. Rates

    11.1. Free ads reserved for private individuals “Basic Ad”

    11.1.1. Unless otherwise stipulated in the specific terms and conditions, EQUIRODI offers individuals (non-professionals) a free advertisement service. “Basic" advertisements are published free of charge and remain online for a maximum of ninety (90) days with the possibility for the User to renew his advertisement under the same conditions, as long as the good or service is available.

    11.1.2. Professionals may under no circumstances use the Basic Formula. EQUIRODI reserves the right to refuse or delete any ad from professionals subscribing to the "Basic" package dedicated to private individuals. EQUIRODI also reserves the right to suspend, limit access to or delete the account of any professional in the event of a repeat offense.

    11.2. Paid ads

    11.2.1. EQUIRODI offers paid advertisement services according to the formulas shown online on its website. EQUIRODI reserves the right to modify its rates at any time and without prior notice. New rates come into effect immediately and are applicable to new published advertisements.

    11.2.2. EQUIRODI also reserves the right to temporarily modify rates for promotional purposes. Rates thus modified come into effect on the day the operation is launched.

    11.2.3. In accordance with article L.221-18 of the French Consumer Code, the User considered to be a consumer has a withdrawal period of fourteen (14) days from the date of subscription to the paid advertisement. However, the User expressly accepts that the service may be carried out before expiry of the legal withdrawal period, as soon as the order is confirmed, and in this case expressly waives his/her right of withdrawal, in application of the provisions of article L.221-28 of the French Consumer Code.

    11.2.4. Any individual User (non-professional) who has subscribed to the "Satisfied or Money Back" option may obtain a refund of the price paid to EQUIRODI for their "Guarantee" or "Premium" ad or, at the User's option, the free renewal of their ad, under the cumulative conditions that:

    (a) the property featured in the ad has not been sold or rented on the Platform or by any other means, and is still in the User's possession (upon justification), after a period of 365 days from the date of first publication of the ad, and until the date of reimbursement or renewal by EQUIRODI, (b) the advert relates to only one item, and the refund or renewal relates to only one advert at a time, (c) the advert has not been deleted from the Platform and is in the "Completed Ads" section of "My Account", (d) the User complies with these GCU and the Equirodi Privacy Policy.

    11.2.5. Requests for refunds or renewals must be sent by email to : contact@equirodi.com or by post to : EQUIRODI, 3, rue de Scey 39100 DOLE (France), by fully completing the Downloadable Renewal Refund Form, within 14 (fourteen) days of the last day of publication of the advert. The postmark will serve as proof of posting.

    11.2.6. The "Satisfied or your money back" option is only valid for a maximum of 3 (three) refunds or renewals per calendar year and per household.

    11.2.7. EQUIRODI will reimburse the price paid by the User to EQUIRODI for the advertisement in question within 60 (sixty) days from receipt of the request by registered mail, after studying the request and verifying the accuracy of the information provided.

    11.2.8. The "Satisfied or your money back" option does not apply to the "Magazine Option".

    11.3 PRO Trade Packages

    11.3.1. EQUIRODI offers several fee-based packages to Professional Users, according to several formulas and rates detailed on the web site, for a commitment period of one (1) year or one (1) month, depending on the choice, renewable annually or monthly, unless terminated under the conditions set forth in the "Termination" article below.

    11.3.2. Any request to modify a current package must be accepted in writing by EQUIRODI.

    11.3.3. The applicable rates are those in force on the day the order is placed. EQUIRODI reserves the right to modify its prices at any time. New prices come into effect immediately for any subscription or price change required by the needs of the service. The User will have a period of two (2) months from the date of this information to cancel his subscription by registered letter with acknowledgement of receipt. In this case, the User will continue to benefit from the old pricing conditions until the end of the current subscription and the cancellation will take effect at the end of the current subscription. If the User does not request cancellation within two (2) months, the User will be deemed to have accepted the new conditions and these will apply to the current subscription.

    11.3.4. The PRO Trade Package allows the Professional User to (i) publish a maximum number of advertisements according to their choice of package, and (ii) modify the advertisements online.

    11.3.5. The User undertakes to regularly confirm that the property shown in the advert remains available for sale. Each confirmation allows the publication to be extended for a period of 60 days until the fixed price expires. If the User does not confirm that the advertisement will continue to be displayed, it is automatically terminated.

    11.3.6. The PRO Trade Package also allows Users to subscribe to additional paid options, the financial terms of which are specified on the Website when the option is subscribed to. For information purposes, the additional options include :

    (a) Importing advertisements from a file or directly from the Professional User's website: this option enables EQUIRODI to retrieve information relating to the User's advertisements automatically online and on a regular basis. Data can be imported via a file in Text (.txt), CSV (.csv) or XML (.xml) format accessible from a URL or FTP. The User acknowledges that EQUIRODI is not responsible for the flow and malfunctions that may occur during the import of the User's advertisements. The User is responsible for ensuring that the information transmitted from the file or directly from his Internet site is correct and complete.

    (b) Setting up an advertisement site: EQUIRODI offers to set up a personalised Internet site that includes the User's advertisements, the terms and conditions of which are subject to the Equirodi Sites (Equi.Expert) General Terms and Conditions of Use. This site is accessible from a URL of the type www.lenomdemonsite.com.

    12. Terms of payment - Invoicing

    12.1. The User remains responsible for paying all applicable charges and taxes on time and using a valid method of payment.

    12.2 Each paid order will be invoiced, in accordance with the provisions of article L.441-3 of the French Commercial Code, and will be available for downloading from the "My Account" section or by e-mail. It is the User's responsibility to make a copy of this invoice in accordance with the regulations in force.

    12.3. For any subscription to a pay-per-click advert (article 10.2): payment is due as soon as the User subscribes.

    12.4. For any subscription to a PRO Trade Package (article 10.3): payment must be made annually or monthly, depending on the case, and within thirty (30) days of the date of issue of the invoice, depending on the method of payment chosen, unless otherwise agreed and explicitly stipulated in the order confirmation.

    12.5. Payment must be made in euros by bank card (Systempay - Banque Populaire), Paypal, bank transfer or cheque.

    12.6. When payment is made by credit card, it is secured by the service provider that allows payment by this method. EQUIRODI does not have access to the User's bank details. Banque Populaire is solely responsible for the security and efficiency of this service.

    12.7. In the event of late payment or non-payment of sums due by the User, EQUIRODI may suspend the publication of new advertisements by the User or limit access to its services until full payment has been made, without prior notice or compensation, and without any right to reimbursement on the part of the User.

    12.8. Any delay or failure to pay will also automatically result, without any prior formality, in the application of a penalty, the rate of which corresponds to three (3) times the legal interest rate plus seven (7) points, from the day following the payment deadline until the day on which the sums due are paid in full (article L.441-6 I< paragraph 12 of the French Commercial Code). The legal interest rate is revised every six (6) months (article L.313-2 of the French Monetary and Financial Code).

    12.9. In addition to late payment penalties, any sum not paid by the due date will automatically give rise, in respect of Professional Users, to the payment of a fixed indemnity of €40 to cover collection costs (article D.441-5 of the French Commercial Code). If the recovery costs actually incurred exceed the amount of this fixed indemnity, EQUIRODI may request additional compensation from the User, upon justification.

    13. Termination

    13.1. Termination by the User

    13.1.1. Users may terminate their contractual relationship with EQUIRODI at any time, free of charge and without reason, by deleting their account on the Platform.

    13.1.2. This right of termination does not apply in the case of a subscription to a PRO Trade Package for a fixed term. Termination by either Party must be in writing, at least fourteen (14) days before the expiry date. The User must send the termination by email to contact@equirodi.com or by post to the following address EQUIRODI - 3, rue de Scey 39100 DOLE (France). Cancellation will take effect at the next contract end date. Download the PRO Trade Package cancellation form.

    13.2 Termination by EQUIRODI

    13.2.1. The account may be closed or suspended by EQUIRODI in the event of non-compliance with these terms and conditions or for any other breach, after a formal notice has been sent by letter or e-mail and has remained without effect for a period of thirty (30) days.

    13.2.2. By way of exception, EQUIRODI may close the account without notice or compensation in the event of sufficiently serious misconduct on the part of the User, in particular when :

    - EQUIRODI is subject to a legal or regulatory obligation to terminate the provision of Services to the User that does not allow it to comply with this thirty (30) day period;

    - EQUIRODI exercises a right of termination for an imperative reason provided by national law in compliance with European Union law;

    - EQUIRODI can prove that the User concerned has repeatedly breached the GTC.

    13.2.3. The account may also be closed in the event of a complaint from User(s). The User will be informed of the existence of such complaints and will be able to respond before the decision to close his/her Account is taken, although his/her account may be suspended in the meantime if the misconduct is particularly serious.

    13.2.4. In the event of termination due to the User's fault, no refund will be granted and all sums due to EQUIRODI for the remaining period of the contractual term will become immediately payable.

    13.2.5. EQUIRODI also reserves the right to temporarily suspend, limit access to or delete any account that has remained inactive for at least one (1) year, after failing to respond within 15 days of prior notice sent to the User.

    14. Intellectual property rights

    14.1 EQUIRODI does not grant any rights to Users in respect of its trademarks, distinctive signs and logos, brand name, content (texts, images, drawings, photographs, videos, sounds, data, graphics, etc.), software and databases.

    14.2 In particular, it is forbidden to:

    (a) extract, modify or re-use all or part of the content of the database belonging to EQUIRODI within the meaning of articles L.341-1 et seq. of the French Intellectual Property Code,

    (b) attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the Platform.

    14.3. EQUIRODI is the producer of the Platform's databases. Consequently, any extraction and/or re-use of the database(s) within the meaning of articles L 342-1 and L 342-2 of the French Intellectual Property Code is prohibited.

    14.4. The User who creates, submits and publishes an advertisement is solely responsible for the content of this advertisement. They guarantee the accuracy and truthfulness of the content of the ad published on the Platform. Users also guarantee that they hold all rights, in particular intellectual property rights, or that they have obtained all necessary assurances and authorisations for the publication of said content. EQUIRODI is not responsible for the content (including hypertext links) of advertisements published on the Platform.

    14.5. The User grants EQUIRODI free of charge, for the entire world and for the duration of the User's account on the Platform, the right to use the content contained in the advertisements posted, and in particular grants EQUIRODI the right to:

    (a) reproduce, translate, publish and distribute said content on the Platform ;

    (b) adapt, reduce, enlarge or crop the photographs and videos in the advert for technical purposes, and acknowledges and accepts that the storage of adverts may sometimes result in quality deterioration. This does not constitute a reason for canceling or interrupting the order in progress, nor does it entitle the User to compensation or reimbursement.

    14.6. EQUIRODI acts as a web host in the sense of articles 6.I 2° et seq. of the French law n°2004-575 of 21 June 2004. Any person may, subject to abuse and proof of identity, notify EQUIRODI of any infringement of their intellectual property rights at the following email address: contact@equirodi.com. After verification, EQUIRODI undertakes to take the necessary measures to remove the content in question.

    15. Classifying ads 

    15.1. Advertisements appear by default and according to the search criteria entered by the User:

    • from the most recent to the oldest,

    • PREMIUM, PRESTIGE and "Top of the list" ads will appear at the top of the search results according to the frequency and duration of the package or option subscribed to by the seller.

    16. Reviews

    16.1. Buyers have the possibility of publishing reviews about sellers (in relation to the purchasing experience concerning the relationship with the seller, delivery, after-sales service, etc.) and about the products and services purchased (opinions on characteristics and use).

    16.2. Reviews must be based on real experience.

    16.3. Reviews posted are published instantly but are subject to subsequent verification by EQUIRODI.

    16.4. Reviews may be withdrawn by EQUIRODI in the following cases:

    - The review does not correspond to the seller or the product or service;

    - The review contains advertising content (address, email address, telephone number, hypertext link) or includes personal data about the poster or third parties;

    - The review includes prohibited content: spam, insults, content of a sexual, obscene or shocking nature, content of a political nature, content promoting terrorism, content insulting a person or a community, racist content or content encouraging discrimination, racism or homophobia;

    - The content of the review is illegal;

    - The review is insulting or may be considered defamatory;

    - The review is misleading or does not relate to a real consumer experience;

    - The review is posted by the seller about himself or about the services or products he sells;

    - The review violates the rights of third parties (trademarks, logos, copyright, etc.).

    16.5. If EQUIRODI withdraws a review, it shall notify the author thereof and specify the reasons why the review was withdrawn.

    16.6. Reviews may be modified at any time by the User who posted them.

    16.7. The seller concerned by the review may respond to the review and contact EQUIRODI if it has any doubts about the veracity of the consumer experience of the User who posted the review or if the review should be withdrawn. EQUIRODI may refuse to remove the review if it considers the request for removal to be unfounded.

    16.8. Reviews are classified according to their date of publication, from the most recent to the least recent.

    17. Privacy policy - Personal data

    17.1. EQUIRODI attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of Users' personal data.

    17.2. When opening an Account on the Platform, EQUIRODI collects the User's personal data:

    - First name

    - Last Name

    - Address

    - Telephone number

    - Email address

    - Country

    - Seller identification details (SIRET number, etc.)

    17.3. EQUIRODI collects and processes Users' personal data, as data controller, for the following purposes:

    - Provision of the service (management of accounts, management of notices, management of advertisements, etc.)

    - Management of customer relations (invoicing, etc.);

    - Responding to any queries or complaints from Users;

    - Management of requests to exercise rights;

    - Management of disputes.

    17.4. The basis of the processing is the present contract, the processing being strictly necessary for the proper performance of the services made available to the User by EQUIRODI.

    17.5. Data is kept for as long as the User's Account is open. If the Account is not used for twelve (12) months, an e-mail will be sent to the User informing him that his account will be closed without a reply within fifteen (15) days. The identification data and e-mail address are kept for up to three (3) years from the last contact with the User for canvassing purposes. If the User has made purchases from EQUIRODI, EQUIRODI will keep the data necessary for invoicing the User and for the purchase history for the legal retention period for contractual data.

    17.6. Personal data is processed by EQUIRODI as well as by any EQUIRODI subcontractors who may be involved in the service, in particular the Platform host and the payment service provider.

    17.7. User data may also be transmitted to other Users when a relationship is established between them on the Platform in order to conclude an order. Users acknowledge and accept that certain data is made public so that buyers can contact them.

    17.8. When a User makes a purchase, it is the seller's responsibility to comply with the regulations applicable to personal data, in which case the seller is fully responsible for processing.

    17.9. EQUIRODI may also communicate personal data in order to cooperate with administrative and judicial authorities. In particular, as part of its legal obligations, EQUIRODI transmits to the tax authorities the amounts of transactions per User and any other information that the law requires it to communicate.

    17.10. EQUIRODI ensures that Users' personal data is adequately and appropriately secured and has taken all necessary precautions to preserve the security and confidentiality of such data and in particular to prevent it from being distorted, damaged or communicated to unauthorised persons.

    17.11. Finally, in accordance with the French Data Protection Act of 6 January 1978, as amended, the User has the right to access, rectify and delete data, and may request the restriction of processing and the portability of his or her data. Users may also determine what happens to their data after their death. To exercise their rights, Users may contact EQUIRODI directly at the following email address: contact@equirodi.com.

    17.12. In the event that EQUIRODI does not respect the User's rights, the User may, if necessary, lodge a complaint with the internal control authority, the CNIL in France.

    17.13. Under no circumstances will data be transferred outside the EU.

    17.14. In addition, as part of its legal obligation as host within the meaning of the LCEN law of 21 June 2004, EQUIRODI collects each time content is created, modified or removed from the Platform:

    a) The connection identifier at the origin of the communication;

    b) The identifier assigned by the information system to the content that is the subject of the operation;

    c) The types of protocols used to connect to the service and to transfer content;

    d) The nature of the operation;

    e) The date and time of the operation;

    f) The identifier used by the originator of the operation where this has been provided.

    17.15. This data is kept for one (1) year from the date on which it was collected.

    17.16. Users are invited to read EQUIRODI's Privacy Policy available at www.equirodi.com.

    18. Applicable law - Disputes

    18.1. These GTCU are governed by FRENCH LAW.

    18.2. Any complaint by the User concerning EQUIRODI's services must first be sent in writing to EQUIRODI - 3, rue de Scey 39100 DOLE (France), or by email: contact@equirodi.com.

    18.3. In accordance with article L.612-1 of the French Consumer Code, Users considered to be consumers may submit any dispute with EQUIRODI to consumer mediation on the European Commission's online dispute resolution platform accessible at the following address:

    https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR (excluding disputes concerning the processing of personal data: see the Privacy Policy)

    or to a consumer mediator. Before resorting to a mediator, the Individual User must attempt to resolve the dispute by sending a written complaint to 3, rue de Scey 39100 DOLE, clearly explaining his/her request.

    18.4. One month later, if the User has not obtained satisfaction, he/she may contact the MEDICYS mediation service simply and free of charge electronically by submitting his/her file on www.medicys-consommation.fr or by simple letter (enclosing your email, telephone and written complaint) to : Concord - 73, Boulevard de Clichy - 75009 Paris.

    18.5. Any dispute arising between EQUIRODI and a Professional User, in particular as a result of the validity, performance, interpretation or termination of these GTCU, is subject to the exclusive jurisdiction of the Commercial Court of Lons-le-Saunier, even in the event of a third party claim or multiple defendants. The parties nevertheless undertake to attempt to reach an amicable settlement before any recourse to the courts.