Terms of Use

LEGAL INFORMATION

The Agriaffaires and Machineryzone Internet Sites, hereinafter referred to as the "Internet sites" propose a service for submitting and reading classified ads on the Internet, mainly intended for players in the farming and construction and public works sectors, respectively. Access to, browsing and use of the Internet Sites is subject to unreserved acceptance of these Terms of Use for the Internet Sites.

If you have any questions about our company, you can email your questions to us.

A Requisition Department only responds to requests from the Authorities (the police, etc.).

Please use our Contact form for any requests not emanating from the Authorities by clicking on the link: contact. You can then explain your situation in detail. The dedicated team will then take all the necessary measures.

For legal requisitions and communication rights, please forward us the communication right document (on headed notepaper, dated, signed and stamped) or the requisition (dated, signed and stamped) specifying the classified ad reference, email address of the advertiser and/or its telephone number, as an attachment to the email to contact-fr@agriaffaires.com or contact-fr@machineryzone.com (the response time is around eight (8) working days).

The ad reference is the number indicated in the Internet address of the ad presentation page.

Example :
http://www.agriaffaires.com/occasion/tracteur-agricole/18147256/john-deere-6630p.html. The reference is 18147256.

We will forward you the requested information as soon as possible. These searches are conducted free of charge.

To simplify our procedures, please indicate the email address to which our reply should be sent in your requisition.

1.DEFINITIONER

Each of the terms mentioned below will have the following meaning in the MB Diffusion Terms of Use for the Service (hereinafter referred to as the "TU"):

« Classified ad »: refers to all of the elements or data (visuals, text, sound, pictures, drawings) submitted by a Customer or Partner under its sole editorial responsibility, with a view to purchasing, renting, selling or searching for equipment disseminated on the Internet Site, Mobile Site and IOS and Android Apps;

« Advertiser »: refers to any advertiser, whether a non-professional and/or professional, and the holder of an Account. An account is considered as being "Professional" or "non-Professional" according to the context in which the Advertiser and account holder, a professional or non-professional, uses MB Diffusion Services and the SIRET Number entered or not entered by the Advertiser when creating its account.

« Professional Advertiser »: refers to a professional, notably specialising in the sale and/or rental of equipment, and holder of an Account in the context of its professional activity, (e.g. a dealer, wholesaler, transport company, renter, manufacturer).
« Non-Professional Advertiser »: refers to an individual or legal entity and holder of an Account, the principal activity of which is not the sale or rental of equipment. (e.g.: a farmer, farm services company, full-time employee or a farm equipment cooperative, in particular).

« Applications»: refers to the Android app that can be downloaded free of charge to an Android phone from Google Play Store and the app optimised for iPhone and iPad that can be downloaded free of charge from the Apple App Store to an iPhone or iPad with, as a minimum, Version iOS 7 for iPhone or Version iOS 8 for iPad enabling Users and Advertisers to access part of MB Diffusion Services.

« Account»: refers to the personal space created by the Advertiser on the Internet Sites in order to use MB Diffusion Services, from which the Advertiser disseminates its Classified Ads, views the Classified Ads currently being disseminated and places Orders from the Internet Site, as described in Article 4 of the GTCS. An Account is strictly personal as far as the Advertiser is concerned and cannot be transferred or sold to a third party without the prior approval of MB Diffusion in writing.

« MB Diffusion»: a company that publishes and operates the Agriaffaires and MachineryZone Internet Sites, Mobile Sites and IOS and Android Apps. MB Diffusion is a simplified joint stock company (SAS) with €87,000 capital, Evry Commercial Register N° 432552966, with its registered office at 98, Allée des Champs-Elysées 91080 - COURCOURONNES France

"MB Diffusion Services ": refers to the Agriaffaires and/or Machineryzone services provided or marketed by MB Diffusion governed by the TS.

« Internet Sites»: refers to the Internet Sites operated by MB Diffusion, mainly accessed via the MachineryZone and Agriaffaires URLs and their extensions, which enable the Advertiser to access MB Diffusion Services via the Internet, create its Account and from which Classified Ads can be accessed and disseminated.

« User »: refers to any visitor with access to MB Diffusion Services via Internet Sites, Mobile Sites and/or Apps who views the Services available from the various media.

2.OBJECT

The purpose of the TU is to determine the conditions of use of the MB Diffusion service provided for users and advertisers via the Internet and mobile sites and apps.
The conditions for advertisers to subscribe to the MB Diffusion service are set out in the Terms of Sale.

3.ACCEPTANCE

All users or advertisers declare that, by accessing and using the MB Diffusion service from the Internet and mobile sites and/or apps, they have read these Terms of Use and expressly, unreservedly accept them and/or any modifications whatsoever thereto. These Terms of Use are binding upon users and advertisers.

4.USE OF THE SERVICE

4.1 Description of MB Diffusion Services: General Rules

All users and advertisers declare they have been informed that to access MB Diffusion services they must have access to the Internet via a subscription taken out with an Internet Access Provider of their choice, the cost of which is to be paid by them and they acknowledge that:

Transmission reliability is unpredictable notably due to the heterogeneous nature of the infrastructures and networks used and that, in particular, breakdowns or saturation may occur;
It is up to the advertiser to take any appropriate measures to ensure the security of its equipment and its own data, software or similar against contamination by a virus and/or attempts at hacking to which it might fall victim.
Any equipment connected to the Internet site is and remains under the sole liability of the advertiser - MB DIFFUSION cannot be held liable for any direct or indirect damage that might occur due to their Internet site connection.

As applicable,the advertiser will keep its account connection identifiers strictly confidential and expressly recognises that any connection to its account and any transmission of data from its account will be considered to have been implemented by the advertiser.

The advertiser is solely and fully liable for any loss, misappropriation or use of connection identifiers and the resulting consequences.

The advertiser is informed and agrees that, for technical reasons, its classified ad will not be onlined immediately after submission on the Internet and mobile site and apps.

The advertiser is informed that, by publishing its ad on the Internet site, it is liable to be shared by any users and/or advertisers on the Facebook and Google + social networks via the share buttons concerned integrated into pages.

Any ads published will be distributed on the Internet and mobile sites and apps.

Advertisers are informed that MB Diffusion, its parent and sister companies are likely to edit ad services dedicated to one or more submission categories, the Leboncoin service in particular. Advertisers agree that MB DIFFUSION, its parent and/or sister companies may distribute their ads on these dedicated services within the limit of their life or until deletion.

4.2 Description of Services

4.2.1 The functions proposed to users and advertisers by MB Diffusion vary according to:

their type - "Professional" or "Non-Professional"
whether advertisers log on to their accounts or not
the communication channel used (Internet/mobile site or apps)
the country from which the user and/or advertiser logs on or where it was registered.

4.2.2 The functions proposed by MB Diffusion

Consultation of all classified ads published
Organisation of contact with advertisers
The possibility of sharing the ad
Reporting a problem
Addition to the selection of the ad
Printing the ad
Saving of "My searches"
Organisation of contact with our partners: transport, expert appraisal & financing
Viewing of the auction sales calendar
Submission of ads
List of your ads
Access to price trends via the Price Observatory
Subscription to paid publication options
Modification of an ad
Re-publication of an ad
Deletion of an
Onlining of an ad
Record of options
Record and purchasing of credits
Record of options and setting of automatic rules
Statistics
Access to the "My searches / alerts" function
Access to messages received
My invoices
My orders
Access to practical documents
Account settings
My profile
Access to the Price Observatory
Ad import parameterisation
Parameterisation of multi-diffusion platforms
Creation and management of printable catalogues
Magazine inserts
The creation and management of "traffikeo" advertising
Management of your "turnkey" site"
Exchange service

5.CLASSIFIED AD MODERATION

5.1 Classified ad deletion

MB DIFFUSION reserves the right to delete any ad non-compliant with MB Diffusion service rules and/or liable to adversely affect the rights of third parties without prior notification, compensation or entitlement to reimbursement.

5.2 Notification of improper use

All users are entitled to report improper use on Internet, mobile sites and/or apps by clicking on the links located on each page of classified ads:

"report a problem"
"avoid fraud"

6.LIABILITY AND GUARANTEES

6.1 Advertiser Commitments

The advertiser guarantees that it is the holder of full rights (intellectual property rights in particular) and has obtained all the necessary authorisations for the publication of its classified ad.

The advertiser guarantees that the ad does not contravene any regulation currently in force (notably relating to publicity, competition, sales promotion, the use of personal data, a ban on the marketing and sale of certain items or services) or any third-party right (notably intellectual property rights and personality rights) and does not include any defamatory message or one adversely affecting third parties.

The advertiser notably ensures that the classified ad does not contain:

any hypertext links redirecting users towards Internet sites operated by any third parties outside of MB Diffusion, in particular
any false or dishonest information or details liable to mislead users
any defamatory statements or ones liable to adversely affect the interests and/or image of MB DIFFUSION or a third party
any content adversely affecting the intellectual property rights of third parties
any promotional or advertising type of content relating to the advertiser's activity. In fact, a classified ad is intended to promote equipment and is not an advertising medium.

The advertiser will only offer available equipment. Should the equipment not be available, the advertiser will remove the classified ad from MB Diffusion Services as soon as possible.

The advertiser declares it is aware of the distribution scope of the Internet and mobile sites and apps, has taken every precaution to comply with the law in force in the country from which the site is accessed and releases MB DIFFUSION from any liability in this respect.

Within this framework, the advertiser hereby declares and recognises that it assumes sole liability for the content of the ads it publishes and makes available to users, together with any document or information it transmits to users.

The advertiser assumes full editorial liability for the content of the ads it publishes.

Consequently, the advertiser releases MB DIFFUSION, its subcontractors and suppliers from any liability and guarantees them against any legal action or proceedings in relation to the ad, which might be taken against the latter by a third party and will be responsible for the payment of damages, costs and similar charges that they might be sentenced to pay or required to pay by means of a settlement signed by the latter with this third party, notwithstanding any damages that MB DIFFUSION, its subcontractors and suppliers might claim due to events adversely affecting the advertiser.

By submitting a classified ad, all advertisers recognise and accept that MB DIFFUSION is entitled to delete or refuse an ad that might notably contravene French law, the MB Diffusion Services Validation charter established by MB DIFFUSION or which is liable to adversely affect the rights of third parties.

The ad will be published within a maximum of seventy-two (72) hours after submission or after receipt of payment for online orders.

The advertiser recognises that the ad may be deleted or publication by MB Diffusion deferred without it being able to claim any financial compensation.

The period and conditions for the publication of "classified sales ads" varies with the type of advertiser:

Non-professional advertisers will receive a confirmation email every two (2) months from the date of initial publication of their ads to check that the equipment is still available for sale. This confirmation by the advertiser allows the publication of its ad to be extended for a period of 2 months up to a limit of one (1) year or up to a limit of 2, 6 or 12 months for the "Straw and Feed", "Food", "Animals (Bovines) and "Animals - other Feed” categories or, up to a limit of 2 or 6 months for the "Professional Service - Entrepreneurs" and "One-Off Service - Farmers" categories”.
Professional advertisers will receive a confirmation email every two (2) months from the date of initial publication of their ads to check that the equipment is still available for sale. This confirmation by the advertiser allows the publication of its ad to be extended for a period of 2 months without any time limit. The two (2) month extension of the ad is to be paid for by professional advertisers that have not subscribed to a pack .

In the event of non-confirmation and/or non-renewal of the classified ad on expiry of the 2-month period, the ad will be removed from the Agriaffaires and MachineryZone Internet sites, mobile sites and IOS and Android apps.

If the equipment is sold during the publication period, the advertiser will delete its ad as soon as possible.

The advertiser will also ensure that its account does not contain:

any mandatory information that is false and/or misleading
any information adversely affecting the rights of third parties

In this context, the holder declares and recognises that it has sole liability for the information indicated on creation of its account.

By creating an account, every holder recognises and accepts that MB DIFFUSION may, at any time, without any indemnity or entitlement to reimbursement of the sums paid by the advertiser, to delete an account that may be notably contrary to French law and/or the validation charter established by MB DIFFUSION.

6.2 MB Diffusion liability and obligations

As a host, MB DIFFUSION is subject to the reduced liability system set out in Articles 6.I.2. et seq. of Law Nº2004-575 dated 21 June, 2004 regarding trust in the digital economy.

MB DIFFUSION cannot therefore be in any way held liable for the content of the classified ads published by advertisers and does not give any express or implicit guarantee in this respect.

MB DIFFUSION is a third party to correspondence and relations between advertisers and users and its liability is therefore excluded in this respect.

6.3 Limitation of liability

MB DIFFUSION will take all the necessary steps to ensure the service is provided to users and advertisers to the best of its ability.

However, MB DIFFUSION cannot be held liable in the event of:

cuts and breakdowns in and modifications and malfunctions to the service, irrespective of the means of communication used, origin and provenance,
the loss of data and information stored by MB DIFFUSION. It is up to advertisers to take all necessary precautions to retain the classified ads published by them via the service,
temporary inability to access the Internet site and/or apps due to technical problems, irrespective of the origin and provenance,
any kind of direct or indirect damage caused to the user or advertiser resulting from the content of classified ads and/or access, management, use, operation, malfunction and/or a cut in the service,
abnormal use or illegal operation of the service by a user or advertiser,
a computer attack or hacking, deprivation or deletion, temporary or permanent, of access to the Internet, irrespective of the cause.

MB DIFFUSION cannot be held liable for any direct damage suffered by the advertiser, resulting from a breach of its contractual obligations, as defined in this document. The user/advertiser therefore abandons entitlement to request any kind of compensation from MB DIFFUSION for consequential damages such as loss of income, loss of opportunity, commercial or financial prejudice, an increase in overheads or losses arising from or as a consequence of execution of this document.

All users and advertisers are therefore solely liable for third-party damage and the resulting consequences of complaints or action. Users also abandon the right to take action against MB DIFFUSION in the event of action taken against it by a third party resulting from illegal use and/or operation of the service, in the event of the loss of a user or advertisers's password or theft of its identity.

7.INTELLECTUAL PROPERTY

7.1 All intellectual property rights (such as copyright, related rights, trademark rights, database producer rights) governing both the structure and content of the Internet Sites, Mobile Sites and Apps and, in particular, the images, sound, videos, pictures, logos, trademarks, graphic or text elements, visuals, tools, software, documents, data, etc. (hereinafter referred to as a whole by the term "Elements") are reserved. These Elements are the property of MB Diffusion. These Elements are made available free of charge to Advertisers solely in order to use MB Diffusion Services and in the context of normal use of its functions. Advertisers agree not to modify the Elements in any way.

Any use of the Elements of Internet Sites, Mobile Sites and Apps not expressly authorised will lead to a breach of copyright and constitute infringement. This may also lead to a breach of image rights, rights of individuals or any other rights and regulations in force. The civil or criminal liability of the perpetrator may therefore be invoked.

7.2 It is prohibited for any users and advertisers to copy, modify, create a derivative work, reverse the design or assembly or in any manner endeavour to find the source code, sell, attribute, sublicence or transfer any right relating to the elements in any manner whatsoever.

All service users and advertisers notably agree not to:

use or consult the service on behalf of or to the benefit of another person;
extract for commercial or other purposes all or a substantial qualitative or quantitative part of the information or classified ads present on the service, Internet site and apps by any means and in any form whatsoever, including for the purposes of use or consultation, notably by a medium and/or process(es ) not authorised by MB Diffusion;
reproduce on any support medium, for commercial or other purposes, all or part of the information or classified ads present on the service or on the Internet site and apps, thus enabling all or part of the original files to be recreated;
use a robot, notably of the spider type, an Internet site search or recovery app or any other means to recover or index all or part of the content of Internet sites and apps, except with express, prior authorisation from MB Diffusion;
copy information onto any kind of support medium in order to recreate all or part of the original files;

It is illegal to directly or indirectly reproduce, represent, retain, publish, transmit, use, modify or extract all or part of the elements, in an manner whatsoever, without prior authorisation from MB DIFFUSION in writing. Perpetrators of such unlawful activities will be held liable and legal action taken against them, for infringement in particular.

7.3 MB Diffusion trademarks and logos, notably those of Agriaffaires and MachineryZone, together with the trademarks and logos of MB DIFFUSION partners, are registered trademarks. It is prohibited to reproduce these trademarks and/or logos,in part or in whole, without prior authorisation from MB DIFFUSION in writing.

7.4 MB DIFFUSION is the producer of the service database. Consequently, any extraction from and/or reuse of the database(s) is prohibited, as per Articles L 342-1 and L 342-2 of the Intellectual Property Code.

7.5 MB DIFFUSION reserves the right to take any legal proceedings against persons failing to comply with the prohibited activities contained in this clause.

7.6 Hypertext links

7.6.1 Links from the service

The service may contain hypertext links redirecting users to sites operated by third parties. These links are provided for information purposes only.

MB DIFFUSION has no control over these sites and cannot be held liable for access to, the content of or use of these sites, as well as any damage that my result from consulting the information presented on these sites.

The user assumes full responsibility for its decision to activate these links.

7.6.2 Links to the service

No hypertext links may be created to the service without the prior, express agreement of MB DIFFUSION.

If an Internet user or legal entity wishes to create a hypertext link to the service from its site, irrespective of the support medium, it must first contact MB DIFFUSION by email.

Should MB DIFFUSION fail to respond this should be interpreted as a refusal.

7.7 The content of the classified ads published belongs to the advertisers; nonetheless, by publishing ads on the Internet site, the advertiser grants:

MB DIFFUSION a wordlwide, non-exclusive, transferable, sublicensable operating right, free of charge covering (i) all classified ad content, notably pictures, text, videos, illustrations, trademarks, logos, titles (hereinafter referred to as the "Content"), as they are published on the site, together with (ii) a licence for all the intellectual property rights relating to the Content and, in particular, a worldwide copyright to the elements used in its classified ad, such as pictures, text, videos, drawings, illustrations and sound elements, for the entire legal period of its intellectual property rights.
The rights granted include the right to reproduce, represent, distribute, adapt, modify, produce a derivative work, translate all or part of the Content by any process, in any form whatsoever, on any support medium (digital, printed, etc.), known or unknown as of this day, in the context of the service or in relation to the activity of MB DIFFUSION, for its commercial or other purposes, notably those of advertising, as well as within the framework of distribution on those social networks where MB Diffusion is present, on MB Diffusion Facebook, Instagram, Google + and Twitter pages.
In particular, the photographs of classified ads may be reproduced and integrated into advertising formats distributed on the Internet site, solely in relation to the ad published.
The advertiser consents to the reproduction of its ad and related Content on social media, Facebook, Instagram, Google + and Twitter in particular. Consequently, the advertiser certifies it has read the terms of use of the Facebook, Instagram, Google + and Twitter sites and accepts these terms, particularly as regards the reuse of Content and personal data.
In respect of this licence, MB DIFFUSION, without this creating an obligation for it to take action, is entitled to oppose the reproduction and use of classified ads distributed on the Internet site and their content by unauthorised third parties.
the non-exclusive worldwide right for users to access the Content via the service and use and represent the Content insofar as it is authorised by the functions of the service.

8.PERSONUPPGIFTER OCH COOKIES

So as to know more about our way your details are collected and used by MB as part of the MB Services provision, please read the page "Privacy Policy". The page "Privacy Policy" is part of the current Terms of Use.

9.MODIFICATION OF MB DIFFUSION SERVICES AND TU

9.1 MB DIFFUSION reserves the right to modify or suspend access to all or part of the service and/or the Internet site or apps.

9.2 MB DIFFUSION reserves the right to modify all or part of the TU at any time. Users and advertisers are asked to read these TU regularly to keep up with any changes made. Use of the site by users and advertisers constitutes their acceptance of any changes to the TU.

10.MISCELLANEOUS PROVISIONS

If, for any reason whatsoever, part of the TU were to prove illegal, invalid or non-applicable, the provisions in question would be considered not to have been written without calling into question the validity of the other provisions, which would continue to apply between users or advertisers and MB DIFFUSION. These TU are governed by French law. Any disputes will be solely heard by the PARIS Commercial Court, even in the event of the introduction of third parties or plurality of defendants, or in the event of protective or emergency proceedings, by urgent or summary application.