General conditions of adhesion and use of the CarAchat.com site
As a virtual commercial forum, CarAchat.com, hereafter called CarAchat, presents
on Internet the offers of vehicles dealers, private salesmen, suppliers of spare
parts and accessories, companies of financing and leasing, insurances and other
provisions of services in the sector of the market of the car.
While adhering to CarAchat, the user, that it is advertiser or interested,
formally recognizes the validity of the general conditions of adhesion and use
herewith.
All the advertisers approve the whole of these General Conditions by signing
their purchase order, or by validating their registration as a professional
on Internet. They guarantee the sincerity of their declarations.
1. Free Membership
The services suggested by CarAchat (advertisements of vehicles with photographs
on Internet) are free for the private salesmen / advertisers (private individuals).
This offer remains the same one for the dealers and the professionals, provided
that they do not make simultaneously appear more than 15 advertisements.
The dealers are held to indicate their professional statute. CarAchat reserves
the right to limit the free use constantly.
2. Paying Adhesion
The professionals (dealers) have the possibility of placing until 300 advertisements
on CarAchat and can accede to other services (specified in the respective contract
between CarAchat and the professional) on the basis of tariff into force suggested
by CarAchat. Possible expenses of countable transactions occurring abroad are
then the responsibility of the professional concerned. Are also regarded as
professionals all the subsidiary companies, points of sale or sites of sale.
In this case, a separate inscription is necessary.
3. Price
CarAchat reserves the right to modify the prices of its services. If our prices
are modified, they come into effect from the moment when they are meant for
the first time at the user.
4. Guarantee
CarAchat places at the disposal of the users the technical means and conditions
which allow the transmission of data (advertisements), but does not intercede
in the operations of purchase or of sale of vehicles.
CarAchat does not guarantee in no case the concluding of sale contracts with
the dealers, the second-hand vehicles or the batches of second-hand vehicles
being proposed by the dealers, and CarAchat does not interced in the choice
or description of the aforesaid vehicles. You recognize that the information
placed at your disposal on the CarAchat site is neither complete, nor exhaustive
and it belongs to you to check the aforementioned information before their implementation,
and this in particular before the concluding of any sale contract of a vehicle.
CarAchat will not be able in no case to be held for person in charge in that
capacity. CarAchat will not be held either for person in charge in the event
of no conclusion for sale, not payment of the price or lack of delivery of the
possibly sold second-hand vehicles.
Moreover, CarAchat does not guarantee the solvency and the good faith of the
purchaser, nor his capacity to buy the second-hand vehicle.
Consequently, you recognize that CarAchat could not be blamed for the diffusion
of the information and the services suggested on the site, and you accept that
the use of this information and services will be done under your only and whole
responsibility, control and authority.
Moreover you recognize that CarAchat does not intercede neither in the conclusion
of the possible sale contracts nor in the delivery of the vehicles or the determination
of the price.
CarAchat could not be engaged, directly or indirectly in the transactions which
obey the general rules of the Civil code (art 1641 and art follows.)
5. Data processing and Freedoms.
The user agrees so that his data are memorized electronically in accordance
with "data-processing and freedoms" laws in force in France.
In accordance with the Data-processing and Freedoms laws, art. 78-17 of January
6, 1978, the private individuals advertisers have a right of access and of correction
of the data with regard to them which appear in our files. Except opposition
of their share, by mail with the service customers, these data could be used
by third parties.
6. The respect of the laws and payments
You are informed that the set of laws and payments in force are applicable
on Internet. For this reason, when you use the services offered on the CarAchat
site and that you browse on the site CarAchat it belongs to you to respect the
whole applicable regulations.
CarAchat, and in certain cases its partners, are owners of the entire rights
of ownership intellectual and industrial relating to the contents of the CarAchat
site.
For this reason, it is pointed out to you that any mention relating to the
existence of rights could not be removed and that all reproduction, total or
partial, unauthorized would constitute an act of counterfeit.
Moreover, it is prohibited to you to carry out an extraction qualitatively
or quantitatively substantial of the data bases put on line on the CarAchat
site, or to use these data bases within an abnormal framework.
CarAchat reserves faculty to remove immediately and without setting in preliminary
residence all contents some nature that they are, and in particular any message,
any photography or graph which would contravene the laws and payments in force.
In the same way, the set of the laws and payments apply to the time of your
participation in the interactive services suggested on the CarAchat site.
CarAchat can refuse advertisements, modify them or erase them completely; it
can terminate the contract for serious reasons without having to respect a time
and to durably prohibit adhesion with certain advertisers, in particular when
the member has broke the present General Conditions or does not respect the
system in another manner, or is long in regulating its credits with CarAchat
7. The hyperlinks
The installation of a hyperlink towards CarAchat requires a preliminary authorization
of CarAchat. You must consequently contact our webmaster. CarAchat can not in
no case be responsible for the contents, information, the products and the services
offered on the sites which make the subject of a hyperlink starting from the
CarAchat site.
8. Passwords and login
You are responsible for the guard of the login and passwords which are allotted
to you by CarAchat. It rests with to you to implement measures of precaution
and safety necessary to the protection of your password and your login.
In the event of loss or of theft of your password and/or your login, or if
you take note of the use of your login and password by an unauthorized third,
you must immediately contact us (contact the webmaster). CarAchat will not be
able in no case to be held responsible for fraudulent use of your login and
password by a third.
9. Your personal data
In accordance with the Data-processing law, with the files and freedoms n°78-17
of January 6, 1978, we inform you that your answers to the questions which are
asked to you in the headings of the CarAchat site are obligatory in order to
allow the supply of the services which interest you and which are offered to
you through CarAchat site.
They are exclusively intended for CarAchat, with exception of information that
you will communicate to us like the requests for matter of insurance estimates
and financing, which will be also communicated to our partners for this purpose.
You lay out a right of access and correction relative with all information concerning
you on request, by sending a mail to the following address : info@carachat.com.
10. Safety
You recognize that Internet has technical specificities which implies the impossibility
for CarAchat.com to guarantee the absolute continuity of access to the service
and the response times, as well as safety in the transmission of the data.
11. General measures
CarAchat reserves faculty to modify the provisions of these general conditions.
If our conditions are modified, they come into effect from the moment when they
are meant for the first time at the user.
Continuously to use the CarAchat site and to browse, you accept the modifications
which would have thus intervened.
If one or more of the provisions of these general conditions were invalidated
for some cause that is the other provisions will keep all their force and their
range. In the event of difficulty of interpretation between one of the titles
and the clauses to which they are referred, the litigious title will be declared
non-existent.
The present general conditions are controlled by the French law, the rules
of substance and the rules of form.
12. Litigations:
In the event of litigation, the responsibility express is allocated to the
Jurisdictions of Strasbourg, notwithstanding pluralities of defenders.
Haguenau, August the 7th, 2002
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