The following terms shall have the meaning indicated below when used in this document:
- "Classified ad": ad created by a Customer or a Partner to be shown on the Websites in accordance with these terms;
- "Account": user account created by a Customer and opened and used in accordance with the details set out in article 3
- "Customer": any User who has created an Account on the Website and used a Service.
- "Service offering": generic term referring to a Service offered by a Partner or MB Diffusion;
- "Partner Service": service offering promoted on the Websites by a Partner;
- "MB Diffusion Service": service offering by MB Diffusion, governed by the Terms of Sale;
- "Partner": partners having entered into a formal agreement with MB Diffusion for the purposes of promoting their products and services on the Websites. The Partners are third parties with respect to MB Diffusion and have no other link with MB Diffusion.
- "Services": platform services allowing Customers to create and share content and/or Classified Ads and including access to certain Service Offerings;
- "Website": electronic communication services targeting the public, either operated by MB Diffusion via the internet and accessible in particular at the following addresses www.agriaffaires.com,and www.machineryzone.fr, or by MB Diffusion partners.
- "You/User": any user of the Website using the Services.
E-commerce companies, namely companies whose core business consists of online sales are not authorized to use the Services.
The classified ads posted are written by those using the service. To avoid any late claims, MB Diffusion asks Customers to check their ads as soon as they appear. MB Diffusion has no editorial control over the Ads posted, its only role being to compile and present the Ads shown on the Websites. MB Diffusion and the Partners can change, adapt, reduce, enlarge and re-frame Ads in order to put them on line or present them to Partners, such activities not being considered to be editorial in nature. MB Diffusion does not guarantee the accuracy of the Ads shown on the Websites, and cannot under any circumstances be held liable for the content or inaccuracy of the information inserted on the Classified Ads Service.
The "Single Ad" service is described on the Website and meets the following criteria: the Customer posts an Ad by completing and submitting a form provided on the Website ("posting an ad" section). Once the form is submitted, it is immediately dealt with;
the Ad will only be published on confirmation of payment, and within a period of 72 hrs maximum;
the Ad can be withdrawn or put on hold but will not be reimbursed in any circumstances;
The Customer must regularly confirm the item is still available for sale: each confirmation extends the posting of the ad for a period of 2 months. If the Ad has not been renewed at the end of the 2-month period, it will be withdrawn from the Website;
if the item is sold during the period of posting, the Customer undertakes to directly remove the Ad as soon as possible.
The "Ad Package" service is described on the Website and meets the following criteria: the Customer posts an Ad by completing and submitting a form provided on the Website ("posting an ad" section). Once the form is submitted, it is immediately dealt with;
the Ad can be changed or withdrawn;
if the item is sold during the period of posting, you undertake to directly remove the ad as soon as possible .
The following ad posting options are offered for a fee: featured ad, top of list, quick pack, flash sale, anonymous sale.
You can select these options when putting your ad online at the "Select your posting options" stage, when you can add posting options to your ad and select a period.
Customers recognize that selecting one or more of these Services helps improve the visibility of the Ad but does not guarantee a successful conversion or sale of the product promoted, and MB Diffusion is released from any liability in this regard.
The prices applicable for ads and posting options are those applicable on the date of the Order. They are indicated on the website at the time of submitting the ad. MB Diffusion reserves the right to change its prices at any time.
When using this Service, the Customer acts as the advertiser in accordance with the French act of 29 January 1993 and MB Diffusion as the intermediary. As such, MB Diffusion shall act as the Customer's representative with the specialized print magazines - the medium -, simply forwarding the Ads to be published as is.
Customers recognize that the act 29 January 1993 requires transparency in tripartite relationships and that they may be required to deal directly with the magazines involved.
They therefore indemnify MB Diffusion against any claim, action and/or complaint brought against it in this regard and undertake to pay all sums, damages, costs, legal fees and expenses MB Diffusion might be ordered to pay.
If using this Service, the Customer acts as the advertiser as per the French act of 29 January 1993 and MB Diffusion as the medium.
The terms of sale of advertising spaces are determined with MB Diffusion sales department.
Customers therefore indemnify MB Diffusion against any claim, action and/or complaint brought against it in this regard and undertake to pay all sums, damages, costs, legal fees and expenses MB Diffusion might be ordered to pay.
Space can be purchased from MB Diffusion directly by the Customer or by a representative. Representatives must be duly appointed by the Customer, failing which the representative will have to pay the total amount of the order placed, whether the ad has been shown or not.
Furthermore, the Customer must send MB Diffusion in advance a copy of a written agency agreement between the Customer and the representative, which shall be considered a permanent agreement until it is terminated by the Customer, in any way. In this case, the Customer must notify MB Diffusion within 30 days after the termination, by registered letter.
In all cases, the signature of the insertion order/order form is jointly and severally binding on the Customer and the representative and they are both considered jointly and severally liable with respect to MB Diffusion for the payment relating to this contract.
The representative manages and monitors the insertion orders/purchase orders and invoices on behalf of the Customer, and ensures payment is made on the due date whether this by the representative or by the Customer.
If such a Service is used, the Customer and MB Diffusion shall work together to determine the Customer's requirements in terms of the type of elements required, (banners, contact forms, html pages, emailing, etc…) and record these requirements in writing. This document shall be the basis of a separate contractual arrangement which shall detail the terms relating to the work carried out, the payments received, the timetable and the assignment of intellectual property rights relating to the website, as well as the financial terms, bearing in mind that in all cases, a deposit of 30% is required by MB Diffusion when the agreement is signed.
If there is any delay in the production of the information required to carry out the work, there will be a corresponding adjustment in time in the timetable agreed for which MB Diffusion cannot be held liable. Where this is applicable, it is the Customer's responsibility to contact MB Diffusion, which cannot be deemed at fault for not reminding the Customer.
The Customer shall actively and regularly collaborate in the production of such promotional elements, notably by providing the qualified and documented information MB Diffusion or the Customer deem necessary to carry out the work.
If such a Service is used, the Customer and MB Diffusion shall work together to determine the Customer's requirements in terms of functions, graphics and technologies and techniques for designing, developing and creating the customized website. The purpose of this website will be to receive the Ads posted on the Websites. A separate contract will detail the terms relating to the work carried out, the payments received, the timetable and the assignment of intellectual property rights relating to the website, as well as the financial terms, bearing in mind that in all cases, a deposit of 30% is required by MB Diffusion when the agreement is signed.
This type of classified ad may only be placed by rental professionals. The rental service enables rental professionals to place classified ads for equipment available for rental on our site. To use this service, customers must have an Agriaffaires or MachineryZone account or, if this is not the case, must open an account. Users can place rental ads from their personal accounts: creation, modification and publication options. Rental ads can be placed for France or other countries but only for equipment categlories."
Multi-posting of ads allows the Customer to show an Ad posted on the Websites concerned on one or more other on-line classified ads websites operated by MB Diffusion partners, selected by MB Diffusion, on a one-off or regular basis, in France or abroad.
To benefit from this service, the Customer must already have an AA/MZ account and open an account with or already be registered on the partner website(s) and and accept their TOU/TOS.
There is a charge for this service.
The Customer recognizes that such a Service can improve the visibility of the Ad, with no guarantee of successful conversion or sale of the product promoted, and releases MB Diffusion from any liability in this regard.
MB Diffusion's service is confined to the delivery of a flow of ads to the websites operated by the partner(s). MB Diffusion does not assume any liability regarding the relationship between the Customer and the website operated by the partner. In the event of a problem, particularly relating to the posting of the ad, the content of the ad, invoicing and/or services made available on their websites, the Customer must contact the partner.
If the relationship between MB Diffusion and its partners is terminated, the multi-posting service with this or these partner(s) would automatically cease to exist and be invoiced to the Customer. MB Diffusion cannot be held liable for this termination and no financial or other form of compensation can be claimed.
The consulting service offered allows website Customers to request consulting services directly from our partner Peritia. To benefit from this service, the Customer simply completes the contact form provided. This service is free.
MB Diffusion's role is simply to put the Customer in contact with the service provider, Peritia, and we do not guarantee that an agreement will be entered into between the Customer and partner.
Peritia undertakes to inform the Customer of the contractual terms governing the implementation of its service, as defined in general and special terms and conditions, within the times and in the forms required by the applicable regulations.
MB Diffusion does not assume any liability concerning the relationship established between the Customer and the partner and the performance of the service proposed. In the event of a problem, particularly relating to the level of expert advice, invoicing or all other services made available on their websites, the Customer must contact the partner.
The transport service offers Customers transport solutions for their equipment. All of MB Diffusion's partner transporters are listed and Customers can ask them for a quote by completing the request for quote form which is sent directly to our partner transporters. Once the request has been sent, it will be handled directly by our different partners.
To benefit from this service, Customers must have an AA/MZ account, or if not, open an account.
This service is free.
MB Diffusion's role is simply to put Customers in contact with the service providers concerned and we do not guarantee that an agreement will be entered into between the Customers and partners involved.The partners undertake to inform Customers of the contractual terms applicable to their services, as defined in general and special terms and conditions, within the times and in the forms required by the applicable regulations.
MB Diffusion does not accept any liability regarding the relationship between Customers and partners and the proper performance of the service proposed. In the event of a problem, particularly regarding transport, invoicing, or all other services made available on their websites, Customers should contact the partner concerned.
MB Diffusion may from time to time propose or carry out other Services on the basis of a quote. MB Diffusion remains free to refuse any request for additional work/services not specifically indicated in the Service Offering. A contractual arrangement regarding other Services shall only be effective from the written confirmation, by MB Diffusion, of the agreement to perform the works/services following written acceptance of the quote by the Customer.
In such a case, the Customer shall actively and regularly collaborate in the work involved, notably by providing the qualified and documented information MB Diffusion or the Customer deem necessary to carry out the work.
The terms set out herein shall also apply to work carried out on the basis of a quote.
- Note that MB Diffusion must be informed in writing of any cancellation or modification of services relating to the sale of advertising space, the design of promotional material/customised support services or the design of customised websites, at least 30 days prior to the start of the services. We will inform you of our decision as soon as possible and we will work together to find a solution. Failing this, any sums due remain payable to MB Diffusion
The proposed services including the provision of finance and the arrangement of insurance policies and/or specific guarantees, such as payment guarantees in particular, offered on the Websites are put together by the Partners, financial institutions, insurance companies and specialized organisations. Such Partners undertake to inform You of the contractual terms applicable to their services, as defined in general and special terms and conditions, within the times and in the forms required by the applicable regulations.
MB Diffusion shall endeavor to put Users in contact with Service Providers and Partners and partner credit institutions offering their services via the Website but we do not guarantee that an agreement will be entered into between You and said Partners, including partner credit institutions.
Finally, since MB Diffusion does not perform the activities of a credit institution and its involvement is confined to simply putting you the User in contact with its Partners, including partner credit institutions or brokers, we cannot be held liable for: the quality of the advice offered by the Partners, including credit institutions, to the User once they have been put in contact through the Website; the tacit or explicit approval or refusal by a partner credit institution or broker to an application for finance submitted by a User; the proper fulfillment of the loan agreed between a partner credit institution or broker and a User; the absolute lawfulness of the finance solutions proposed by a partner credit institution; the credit institution's failure to respect a User's choices concerning the use of personal information.
If you require any further information or have any questions, please contact our Customer Service department by telephone on 01.60.87.11.60, or by sending an email to firstname.lastname@example.org and email@example.com
Customers can place an order for one or more Services via the Website or by contacting the MB Diffusion sales department.
For certain Services, MB Diffusion may issue a quote which must be confirmed by MB Diffusion if accepted by the Customer.
In any event, an agreement binding on the Parties shall only be effective if MB Diffusion confirms its acceptance. For packages, a commercial proposal equivalent to a purchase order is sent directly to you the User if you request this. The proposal shall be considered accepted by the Customer upon the return of the signed purchase order or an email confirming agreement. An invoice or a bill is sent automatically to all Users after receipt of the acceptance of the proposal by the Customer. For Single Ads, an invoice is automatically sent to any Customer after receipt of the corresponding payment. For optional products, an invoice is automatically sent to any Customer once the credit order has been made and after receipt of the corresponding payment.
MB Diffusion reserves the right to cancel any order by a Customer with whom there is a payment dispute, said Customer being unable to claim any compensation whatsoever.
By submitting an order, Customers accept these Terms of Sale and the contract terms.
MB Diffusion reserves the right to change all or part of these Terms at any time. Therefore, it is the Customers' responsibility to regularly check the latest version each time they log on to the service.
The prices applicable to the Services are set out on the Website or obtained from the MB Diffusion sales department, and noted on the order.
Unless indicated otherwise, prices are expressed in Euros.
Services are always invoiced on the basis of the current prices applicable at the time the order is taken. However, the prices stated are subject to change by MB Diffusion at any time. Any promotional prices only apply when first signing up, unless specifically mentioned on the online order. When a Customer benefits from special terms, these cannot be combined with other special conditions offered on the Website or on a Partner Website.
The prices applicable for additional works/services are based on a quote.
You are solely liable for the effective payment of the Services ordered. For all Users invoiced in France at the head office of MB Diffusion 98 Allée des Champs-Elysées - 91080 Courcouronnes, payment is made by:
- card (secure payment process): - for Products for which payment is made on completion of order; (applies to customers who have not ordered the ad package product) - for any product whatsoever ordered via user account; (applies only to customers who have ordered the ad package product) MB Diffusion is not liable for payment problems relating to the operation of the e-commerce service.
- check cleared in France made payable to MB Diffusion. The payment must be sent to MB Diffusion 98 Allée des Champs-Elysées - 91080 Courcouronnes, quoting the order number; (admin charge of €5 excluding tax: applies to customers who have not ordered the ad package product).
- transfer to MB Diffusion's account quoting the order number on the transfer order; (admin charge of €2 excluding tax: applies to customers who have not ordered the ad package product)
- SEPA direct debit or European SEPA direct debit. In this case, the Customer must submit a signed mandate along with full bank details: BIC + SEPA (apples only to customers who have order the ad package product).
- automated bill of exchange (applies only to customers who have ordered the ad package product).
For all users invoiced by MB Diffusion Advertising, Jervis House, Jervis Street, Dublin 1, Ireland, payment is made by:
check cleared in Ireland made payable to MB Diffusion Advertising Ltd. The payment must be addressed to MB Diffusion Advertising Ltd, Jervis House, Jervis Street, Dublin 1, Ireland, quoting the order number;
transfer to MB Diffusion Advertising's account, quoting the order number on the transfer order.
You are in any case informed that if there is a problem with one of the means of payment used, you can always pay using one of the means of payment mentioned above. Therefore, MB Diffusion cannot be held liable for any problems in these means of payment. Some of these means of payment cannot be used for all the products proposed.
Accepting cookies is essential for all purchases via the Website.
The Customer is liable for all dues, taxes and commissions resulting from the use of the Website. MB Diffusion is released from any liability for taxes due on transactions made on the Website. In the event of late payment of all or part of a sum due, interest shall be applied at a rate equivalent to 3 times the statutory interest rate plus a fixed charge of €40 for collection costs. MB Diffusion is entitled to automatically suspend all services and/or access to the Services in the event of late payment, including in the event of a User dispute. Furthermore and without prejudice to the foregoing, any late payment may result in future payments being required prior to the Ads being posted.
The user grants to (i) MB Diffusion a non-personal, non-exclusive, transferable licence, free of charge, to use and reproduce the content inserted on the Site, notably text, pictures, images, etc.. (the "Content") for the legal period of the intellectual property rights, included in the Site and (ii) to partners of MB Diffusion and other Users and users visiting the Site, a personal, non-exclusive and non-transferable licence, free of charge, to access and use the Content included in the Site, throughout the term of the contract between the User and MB Diffusion. The User declares and guarantees it is the sole owner or licence holder of the intellectual property rights relative to the Content. The User guarantees MB Diffusion, Partners and Users against any third-party claims or action regarding the elements provided.
Customers guarantee that they have signed the necessary agreements for the performance of the Contract, for the duration of this Contract. Customers guarantee that the content they post (and in particular Ads) does not breach any accepted standards and/or regulations applicable, that it does not include any defamatory or slanderous messages or messages coming under the offences set out in the French act of 29 July 1881, or of a nature to harm the rights and interests of third parties and/or undermine public order.
Customers guarantee that the content they post (and in particular Ads) does not give access through "hyper links" to websites i) including content that violates the applicable regulations and/or ii) displaying information or documents that are defamatory, slanderous or more generally come under the offences set out in the French act of 29 July 1881, are of a nature to undermine public order and common decency or infringe third party rights.
Customers indemnify MB Diffusion against any claim, action and/or complaint brought against it in this regard and therefore undertake to pay all sums, damage, costs, legal fees and expenses MB Diffusion might be ordered to pay.
To the extent allowed by law, MB Diffusion's liability with regard to these terms can only be sought on the basis of a proven fault, within a period of 12 months after the causal event takes place, and is limited to the sums received by MB Diffusion for the services concerned during the past 12 months, for all causal events and losses together.
The Services are provided "as is" and without any statutory or contractual warranty, particularly with regard to future performance. To the extent allowed by law, MB Diffusion excludes all warranties. Customers are aware and expressly accept that they cannot benefit from a cancellation period due to the nature of the Services, which will be completed before the end of the cancellation period and which will have been commenced after the express prior agreement of the Customers and waiver of their right of cancellation.
Should one of the Parties find itself completely unable to perform any of its obligations under this Contract due to a force majeure event, said Party shall be released from its obligation for the duration of said event, subject however to the following:
- the affected Party must immediately notify the other Party by registered letter of said force majeure event;
- and the duration of the event concerned shall not exceed 30 consecutive days. After this period, the other Party, will have the option to terminate this Contract with thirty (30) days notice notified by registered letter.
Force majeure events include all unforeseeable, unpreventable, insurmountable events outside the parties' control as defined by the applicable case law.
The contract runs from the acceptance, by MB Diffusion, of the Customer's order until the end of the Service ordered.
The contract is for an unspecified period. All invoice is due and engages all parties until the end of billing date and is non-refundable. The Customer is entitled to terminate the contract at any time with six months' prior notice via a registered letter with recorded delivery and will not be required to give any justification for this. This will not result in entitlement to any kind of compensation.
A customer who has subscribed to a classified ads package may increase the classified ads package at any time, provided a new Order form is signed. A customer may reduce the classified ads package by notifying MB Diffusion of his or her decision in writing, allowing for a six-month notice period following the said notification.
Should the Customer fail to fulfill any of the obligations set out in these Terms, MB Diffusion can, without prejudice to its other rights, without additional formality and automatically, immediately terminate all or part of the contract governed by these terms. The passwords will then be immediately deactivated.
Notwithstanding the termination of these Terms, whatever the cause, all the stipulations intended to survive the expiration/termination of the contract, notably the "Confidentiality" article of these Terms, shall remain in effect.
MB Diffusion shall keep the document recording the Customer's order for a period of 5 years from the order and guarantees the Customer access to this record throughout this period of time
An ad that has been expired for 30 days becomes a cancelled ad and is archived for 30 days.
For the duration of these Terms and after their expiry, the Customer undertakes to consider and treat as strictly confidential all information relating to MB Diffusion and the Website, of any kind and in any format, obtained before or during the application of the Terms (referred to hereafter as "Confidential Information"). All information known by the public is deemed non-confidential unless it is compiled in a form unknown by the public.
The Customer undertakes not to disclose or allow the disclosure, directly or through an intermediary, of all or part of the Confidential Information obtained, to any third party whatsoever, with the exception of employees and/or subcontractors needing the information to perform their obligations.
Without prejudice to the other stipulations of these Terms, the Customer undertakes in this regard to take all necessary measures with its employees and/or subcontractors to ensure they abide by this same confidentiality obligation.
The Customer undertakes not to use the Confidential Information for any other purposes, even for the Customer's own account. The Customer undertakes to return all documents or other materials containing Confidential Information that might have been provided for these purposes, as well as any copies thereof, at MB Diffusion's request.
The identification of users by the password they have chosen and the entry of the bank details required for payment each comprise an electronic signature which has the same value as a handwritten signature between the parties. Similarly, by submitting an order, users fully and unreservedly accept these Terms.
The computerized registers stored in MB Diffusion's information systems shall be kept under reasonable conditions of security and considered as proof of communications, orders and payments between the parties. The data recorded by the payment system comprises proof of financial transactions.
Notwithstanding freedom of proof, all proof must be provided by trusted means. According to the law, an accurate and durable copy can be produced by way of proof in the absence of an original.
You are reminded that the Website and underlying platform are governed by French law regardless of where you access and use it. These Terms are governed by the laws of France, with regards to both substance and form.
In the event of a dispute relating to the performance or interpretation of the provisions of these Terms, the parties undertake to attempt a preliminary conciliation of which they must provide proof, where applicable.
In the event of a dispute between MB Diffusion and a business entity, express and exclusive jurisdiction is attributed to the competent Paris Courts, notwithstanding multiple defendants or guarantee proceedings, even for urgent proceedings or precautionary interim proceedings or ex parte proceedings. In the event of a dispute between MB Diffusion and a non-business entity, the competent courts shall be attributed according to ordinary law.
These Terms express the entire agreement between the parties. They can however be supplemented and/or amended by any additional documents signed by the Parties and referring expressly to these Terms.
No general or special conditions produced by the User can be integrated into these Terms and Conditions.
Version updated – 1 September 2014 – MB Diffusion ©.