ADK Manufacturing and Trading

TERMS OF SERVICE

Any User declares by accessing and using the libertyprim.com site to have read these General Conditions of Use and to expressly accept them without reservation and / or modification of any kind whatsoever. These Terms are therefore fully enforceable against Users.

Article 1 - Definitions 

These General Conditions (hereinafter the “General Conditions of Use”) are offered by Libertyprim 'SAS, with a capital of 3000 €, a company registered with the Cannes RCS under the SIRET number 88280141800014 whose head office is located at 63 , Rue Geroges Clemenceau 06400 Cannes - France (hereinafter "Libertyprim'").   

We will then designate: 

"Site" or "Service": the https://www.libertyprim.com site and all of its pages.     

"Publisher": the person, legal or physical, responsible for the editing and content of the Site. 

"User": the internet user visiting and using the Site. 

"Announcement and Offer": the text object that can be added independently by the User on the Site, to promote his property or pass his message. 

"Advertiser": User posting an Ad on the Site; will be deemed "Seller" if the Advert offers a product or service for sale. 

"Acquirer": User acquiring a product or service presented in an Ad; will be deemed "Buyer" if this acquisition is made for remuneration (purchase) from a Seller Advertiser.

The Site User is invited to read these General Conditions of Use carefully, print them and / or save them on a durable medium. The User acknowledges having read the General Conditions of Use and accepts them in full and without reservation.

Article 2 - Application of the General Conditions of Use and purpose of the Site

This site is published by Libertyprim 'SAS. 

The legal information concerning the host and the publisher of the site, in particular the contact details and any capital and registration information, are provided in the legal notices of this site.

Information concerning the collection and processing of personal data (policy and declaration) is provided in the site's personal data charter.

The object of this site is determined as "site for announcing fresh products dedicated to fruit and vegetable professionals".

The purpose of these General Conditions of Use is to define the conditions of access to the Site and its use by Users. The Publisher reserves the right to modify the General Conditions of Use at any time by publishing a new version of these on the Site. The General Conditions of Use applicable to the User are those in force on the day of its acceptance.

The acquisition of a product or a service, or the creation of a member area, or more generally navigation on the Site supposes the acceptance, by the User, of the entirety of these General Conditions of Use, which acknowledges the same fact having fully understood it.

This acceptance could consist, for example, for the User, of checking the box corresponding to the sentence of acceptance of these General Conditions of Use, having for example the mention "I acknowledge having read and accepted all the general conditions of the Site ”. Checking this box will be deemed to have the same value as a handwritten signature on the part of the User.

The User recognizes the proof value of the automatic recording systems of the Publisher of this Site and, except for him to provide proof to the contrary, he renounces to dispute them in the event of litigation.

Acceptance of these General Conditions of Use assumes from Users that they have the necessary legal capacity for this. If the User is a minor or does not have this legal capacity, he declares that he has the authorization of a tutor, a curator or his legal representative.

 

 Article 3 - Quality of intermediary of the Site 

The Site Editor acts only as an intermediary between the Buyer and the Advertiser. 

The latter conclude by these General Conditions of Use a service contract with the Publisher whose object is the supply of a technical tool for contacting. It is only thereafter that the Advertiser and the Purchaser can conclude, if they wish and by mutual agreement, an agreement or contract (for example, contract for the sale of the good or service offered in the Advert ).

The Site Editor therefore has only an intermediary role and is neither the agent of either. In the event of a dispute between the Advertiser and the Purchaser, if the parties fail to resolve their dispute amicably, they may have their dispute settled before the competent courts.

Article 4 - Publication of Ads on the Site 

Users are offered the option of contributing to the content of this Site, in particular via the publication of Ads.

 The Publisher of the Site has a hosting responsibility and must remove any Ad of manifestly illegal nature, and indicated as such. The Publisher cannot be held responsible, a priori and without reporting this content, for any illegal content published by a User. Thus, if an Advertiser puts an illegal advertisement online (content infringing intellectual property rights, discriminatory or inciting violence, presentation of counterfeit goods, unauthorized regulated service, etc.), Users can notify the 'Publisher, who will immediately withdraw the Ad in order to put an end to this manifest disturbance. 

The Publisher is authorized to take the following measures, without compensation, if a User, in the context of his use of the Site, has not complied with the legal provisions, the rights of third parties or these General Conditions of Use: 

issuance of warnings to the User 

deletion of Ads published by the User 

User lockout for a limited time 

definitive suspension of the User 

Users are informed that the Site Editor, represented if necessary by the moderators, can choose to publish the content in question on the newsletters of this Site and on the sites of all its partners, the Publisher being responsible for quoting the pseudonym of the author of the contribution. 

The author therefore waives his rights on the content of the contributions, for the benefit of the Site Editor, for any dissemination or use, even commercial, on the internet, this, of course, always with respect for the authorship of the author. 

 

Article 5 - Evaluation of Advertisers 

The Publisher may make available to the Buyers means of evaluation of the Advertisers after the confirmation of the shipment of the product or the performance of the service concerned by an Ad, thus allowing the Acquirers to select the Ads of the Advertisers who best comply with these General Conditions of Use.

The Site Editor does not control the appreciation made by the Acquirers, which they simply store on the Site. However, it may have to delete, without notice, any appraisal the content of which has been reported to it to be illegal. The evaluations left by the Purchaser, as well as their pseudonym, will be visible to any User of the Site.

  

Article 6 - Duration of the Announcement

Unless otherwise stated, an Ad is published on the Site for an unlimited period. 

At the end of each period, an email may be sent to the Advertiser proposing to withdraw the Advert, modify it, or continue its dissemination. For any Ad present free of charge on the Site for more than a year, the Site Editor reserves the right to withdraw publication.

Article 7 - Obligations of the Advertiser

The Advertiser undertakes to use all means in order to optimally meet its obligations by providing a quality service to Users. It guarantees that they do not in any way contravene the laws, regulations in force and applicable standards, mandatory or not and that they do not infringe the rights of third parties.

The Advertiser also undertakes that the illustrations provided in the description associated with the advertisements it offers (photography, drawing, etc.) comply with the products thus illustrated and respect the rights of third parties. He guarantees that he has rights, in particular intellectual property rights, relating to these illustrations, which allow him to use them in order to present the products.

The Advertiser undertakes and guarantees that he will only offer in his advertisements (whether for donation, exchange or sale) products and services which he owns or over which he has rights allowing him to offer them. The Advertiser is prohibited in this respect in particular from offering any product consisting of infringing works within the meaning of the Code, intellectual property or any product or service the marketing of which is regulated under legislative, regulatory or contractual provisions (in particular due to existence of a selective distribution network).

 

In particular therefore, the following articles - cited by way of example and the list of which is not exhaustive - cannot, or only within the framework of strict restrictions, be offered (whether for donation or exchange or for sale):

 articles infringing intellectual property rights (copyright and neighboring rights), industrial property rights (brands, patents, designs and models) and any other applicable law (in particular image rights, right to respect for private life, personality rights)
articles that discriminate or incite racial, religious or ethnic violence or hatred 
pornography articles
living animals
alcohol
weapons of war, weapons, ammunition
stolen goods
drugs, drugs of all types
and all other articles which may not be offered or sold legally

Article 8 - Member area 

The User registered on the Site (member) has the possibility of accessing it by logging in with his identifiers (e-mail address defined during his registration and password) or possibly by using systems such as connection buttons. third of social networks. The user is fully responsible for protecting the password they have chosen. He is encouraged to use complex passwords. If the password is forgotten, the User has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the User therefore refrains from transmitting it or communicating it to a third party. Otherwise, the Site Editor cannot be held responsible for unauthorized access to a User's account. 

The creation of a personal space is an essential prerequisite for any order or contribution by the User on this Site. To this end, the User will be invited to provide a certain amount of personal information. He undertakes to provide exact information. 

The purpose of data collection is to create a "member account". This account allows the User to consult his contributions, his orders made on the Site and the subscriptions of which he is the holder. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the Site and its Publisher could not be engaged, this information having no probative value but only informative. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof, they are only for information intended to ensure efficient management of the service or contributions by the User. 

Each User is free to close their account and their data on the Site. For this, he must send an e-mail to Libertyprim SAS indicating that he wishes to delete his account. No recovery of his data will then be possible.    

The Publisher reserves the exclusive right to delete the account of any User who has contravened these General Conditions of Use (in particular, but without this example being of any exhaustive nature, when the User has knowingly provided information when registering and setting up your personal space) or any account that has been inactive for at least one year. Said deletion will not be likely to constitute damage for the excluded User who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility for the Publisher to initiate legal proceedings against the User, when the facts have justified it.

 

Article 9 - Paid subscriptions

The Site Editor is remunerated on the connection between the Buyer and the Seller and receives subscriptions within the framework of subscription to Premium accounts according to the principles described below.

In return for the linking service provided by the Publisher, the Seller using a Premium account agrees to pay the publisher a monthly subscription.

The Publisher reserves the right at any time to modify the pricing of its Premium subscriptions or of the various paid services set up on the platform.

The Publisher must inform the Seller and, where applicable, the Buyer of any price changes to the platform.

Subscriptions will be paid by the Seller and, where applicable, the Buyer by Bank Card or in the form of monthly bank charges.

The financial transactions of the Libertyprim platform are managed by the company PAYBOX as indicated in the legal notices.

 

Article 10 - Site assistance service

The Site assistance service is accessible by e-mail to the following address: contact@libertyprim.com or by post to the address indicated in the legal notices.

Libertyprim SAS also provides its users with a hotline, or telephone assistance, to answer their questions. 

 

Article 11 - Obligations of the Seller Advertiser

Information about the Seller

The possible commercial relationship between an Advertiser identified as a professional Seller and a User, who will then be deemed to be a Buyer, will be governed by these General Conditions of Use, possibly supplemented or replaced by conditions specific to the Seller presented to the User before all orders according to the rules in force. Likewise, the Seller must present to the User when ordering the mandatory legal information, under applicable law.

The Advertiser undertakes to identify himself to Users as acting as a Professional Seller as soon as he makes sales of products or services via the site. The Advertiser who acts as a professional undertakes to comply with the laws applicable to the exercise of a commercial activity (registration, accounting, social and tax obligations). The Advertiser undertakes to declare (if applicable to his situation according to the regulations in force) any income generated by the sale of products or services through this site to the competent authorities.

A Seller Advertiser on the site is also, in accordance with the Commercial Code, required to communicate the general conditions of sale of his business, at least at the request of a User, or by default to all Acquirers of services or products presented in his advertisements if he usually works in a distance selling business, other than his simple participation in the Service.

 

Conditions of sale

The Advertiser is solely responsible for the sale of the products or services he offers on the site. On the description associated with the offers of products or services that it offers on the site, the Advertiser undertakes to act in good faith. He is solely responsible for the accuracy of the information contained therein and undertakes that they do not risk misleading potential buyers, as much on the characteristics of the product or service, as on its condition or its price. . Concerning more particularly second-hand products, the Advertiser must make a precise description of the condition of the product. The Advertiser communicates to the Buyers all the information allowing them to know the essential characteristics of the product (if necessary, composition of the product, accessories included, origin, etc.).

The selling price of Products or Services is freely defined by the Advertiser, in compliance with the laws and regulations in force. This price must be mentioned on the site all taxes and fees included (including VAT, packaging costs, eco-tax etc.).

The contracts for the sale of products or services offered by the Advertiser on the Site are concluded between the Advertiser and the Buyer under the resolutive condition that the product or service is available. The Advertiser undertakes to only offer available products or services on the site and to immediately remove from the site any offer relating to products or services that are no longer available.

The Advertiser is informed by email, and in his Advertiser account, when a product or service that he has posted has been ordered by a Buyer. The Advertiser must then proceed with the preparation of the product for dispatch or the provision of the service concerned within 2 working days following receipt of the information referred to in the preceding paragraph.

Responsibility of the Seller

Under article 15 of the law of June 21, 2004 for confidence in the digital economy, any seller or agent providing after-sales service is automatically responsible for the proper performance of the contract concluded at a distance. This principle means that the Seller must ensure the delivery of the goods ordered, without damage or lack of conformity to the characteristics specified in the offer and that he is personally responsible for his deliverer. In accordance with article 15-I, the Seller can only be relieved of his responsibility in three situations: in the event of fault committed by the Buyer, which he must then be able to prove, in the event of force majeure or irresistible and unpredictable facts from a third party to the contract.

The Seller is solely responsible for the contracts he concludes with the buyers and, as such, undertakes to comply with the applicable legislative provisions and in particular the regulations on consumer protection and on distance selling.

Article 12 - Retraction of the Purchaser

If the Consumer Buyer has placed an order on the Site for a product from an Advertiser identified as a professional third party, and in accordance with articles L.221-18 and following of the Consumer Code, if the right of withdrawal applies for this product (see the exceptions listed in article L.221-28, and recalled below), it has a period of 14 days from the receipt of its order to exercise with the Advertiser its right of withdrawal (or from the date on which it received the last of the items ordered if these were the subject of a separate shipment by the Advertiser).

The product must be returned in perfect condition, compared to its original state at the time of purchase. If necessary, it must be accompanied by all its accessories. It is understood that the Buyer will bear the costs of returning the product in the event of withdrawal, as well as the cost of returning the product if it, due to its nature, cannot normally be returned by post.

If the previous obligations are not carried out, the Buyer will lose his right of withdrawal and the product will be returned to him at his expense.

The reimbursement will be made by the Site Publisher if the order has been placed and paid for on the Site, or by the Seller Advertiser if the transaction took place outside the Site. Reimbursement will be made using the same means of payment as that chosen by the Buyer for the initial transaction, unless expressly agreed by the Buyer so that the Publisher (or, if applicable, the Seller Advertiser) uses another method of payment, and insofar as the reimbursement does not incur any costs for the Buyer.

 

The Site Editor being a simple intermediary between the Buyer and the Advertiser, he will have no role to play in the return process.

It is recalled here that according to article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following contracts:

provision of services fully executed before the end of the withdrawal period and the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal

supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period

supply of goods made according to consumer specifications or clearly personalized

supply of goods liable to deteriorate or expire rapidly

supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection

supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles

supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional

maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency

supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery

supply of a newspaper, periodical or magazine, except for subscription contracts to these publications

concluded during a public auction

provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period

provision of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal.

In accordance with article L.221-5 of the Consumer Code, the Consumer Buyer can find below a standard withdrawal form for an order placed on the Site with a Professional Seller Advertiser:

 

Withdrawal form 

(Please complete and return this form only if you wish to withdraw from the contract.) 

________________________________________ 

 

Attention: (contact details of the Seller Advertiser) 

I / we (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract relating to the sale of the property (*) / for the provision of services (*) below: 

Ordered on (*) / received on (*): 

Name of Client (s): 

Address of Client (s): 

Signature of Client (s) (only if this form is notified on paper): 

Date: 

(*) Delete the unnecessary reference.

Article 13 - Liability

The Publisher is not responsible for User publications, their content or their veracity. The Publisher can in no way be held responsible for any damage that may occur on the User's computer system and / or for the loss of data resulting from the use of the Site by the User.

The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, precise and updated information. The Site is in principle permanently accessible, except during technical operations of maintenance and updating of the content. The Publisher cannot be held responsible for damages resulting from the unavailability of the Site or parts of it.

The responsibility of the Site Editor cannot be engaged due to a technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the Site, to an intervention by the host, to an internal or external strike, to a network failure, or even to a power cut.

Libertyprim SAS cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. With regard to the Services purchased, the Publisher will not incur any liability for any indirect damage as a result of these presents, operating loss, loss of profit, damage or costs, which may arise. 

The choice and purchase of a Service is the sole responsibility of the Client. The total or partial inability to use the Services, in particular due to the incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract entered into to acquire the Service allows the withdrawal, according to article L. 221-18 et seq. Of the Consumer Code.

The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Libertyprim SAS can in no way be held responsible:     

any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ; 

a malfunction, unavailability of access, improper use, improper configuration of the Customer's computer, or the use of a browser little used by the Customer;

the content of advertisements and other external links or sources accessible by Customers from the Site.

Article 14 - Hypertext links

The Site may include hypertext links to other sites.

The User therefore recognizes that the Publisher cannot be held liable for any proven or alleged damage or loss, consecutive to or in connection with the use or the fact of having read the contents, advertisements, products or services available on these sites or external sources. Similarly, the responsibility of the Publisher of this Site can not be engaged if the visit, by the User, of one of these sites, caused him harm.

If, despite the efforts of the Publisher, one of the hypertext links on the Site pointed to a site or an internet source whose content was or appeared to be non-compliant with the requirements of French law to a User, the User shall agrees to immediately contact the director of publication of the Site, whose contact details appear in the legal notices of the Site, in order to communicate the address of the pages of the third party site in question.

Article 15 - Cookies

A “Cookie” can allow the identification of the Site User, the personalization of their consultation of the Site and the acceleration of the display of the Site by saving a data file on their computer. The Site is likely to use "Cookies" mainly to 1) obtain navigation statistics in order to improve the User experience, and 2) allow access to a member account and to content that does not is not accessible without connection.

The User acknowledges being informed of this practice and authorizes the Site Publisher to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition.

The User can refuse the registration of "Cookies" or configure their browser to be notified prior to acceptance of "Cookies". To do this, the User will configure his browser:

For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

For Safari: https://support.apple.com/fr-fr/ht1677

For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on

For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies

For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Article 16 - Access and availability of the Site

The Publisher makes its best efforts to make the Site permanently accessible, subject to maintenance operations on the Site or the servers on which it is hosted. In the event of impossibility of access to the Site, due to technical problems or of all kinds, the User will not be able to claim damage and will not be able to claim any compensation.

The Site Editor is only bound by an obligation of means; its responsibility could not be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, breakdown of the service, or others.

The User expressly admits using the Site at his own risk and under his exclusive responsibility.

The Site provides the User with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, Libertyprim SAS can in no way be held responsible:   

• any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, of data that may, among other things, result from the use of the Site, or on the contrary of the impossibility use ; • a malfunction, unavailability of access, improper use, improper configuration of the User's computer, or the use of a browser little used by the User . 

Article 17 - Intellectual property rights

All elements of this Site belong to the Publisher or a third party agent, or are used by the Publisher on the Site with the authorization of their owner.

Any representation, reproduction or adaptation of logos, textual, pictographic or video content, without this list being limiting, is strictly prohibited and akin to counterfeiting.

Any User who is guilty of counterfeiting would be likely to have their access to the site deleted without notice or compensation and without this exclusion being able to constitute damage, without reservation of any subsequent legal proceedings against him, against the 'initiative of the Publisher of this Site or his agent.

This Site uses elements (images, photographs, content) whose credits go to: Libertyprim SAS. 

The brands and logos contained on the Site may be registered by Libertyprim SAS, or possibly by one of its partners. Anyone performing their representations, reproductions, nestings, diffusions and reruns incurs the sanctions provided for in articles L.713-2 and following of the Intellectual Property Code.

Article 18 - Notifications and complaints

Any notification or opinion concerning these General Conditions of Use, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by email to the address indicated in the legal notices of the Site, specifying the contact details, surname and first name of the notifier, as well as the subject of the notice.

Any complaint related to the use of the Site, the Services, the pages of the Site on possible social networks or to the General Conditions of Use, to the legal notices or to the personal data charter must be filed within 365 days of the day origin of the problem causing the complaint, and this regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within 365 days, such a claim will forever be unenforceable in court.

It may be possible that, throughout the Website and Services offered, and to a limited extent, inaccuracies or errors, or information that is in disagreement with the General Conditions of Use, the legal notices or the personal data charter. In addition, it is possible that unauthorized modifications are made by third parties on the Site or on related Services (social networks, etc.).

In such a situation would escape us, the User has the possibility of contacting the Site Editor by post or by email at the addresses indicated in the legal notices of the Site, with if possible a description of the error and the location ( URL), as well as sufficient information to contact him.

Article 19 - Independence of clauses

If a provision of the General Conditions of Use is deemed illegal, void or for any other reason unenforceable, then this provision will be deemed severable from the General Conditions of Use and will not affect the validity and applicability of the remaining provisions.

The General Conditions of Use replace all previous or contemporary written or oral agreements. They are not transferable, transferable or sublicensable by the User himself.

A printed version of the General Conditions of Use and all notices given in electronic form may be requested in legal or administrative proceedings relating to the General Conditions of Use. The parties agree that all correspondence relating to these General Conditions of Use must be written in the French language.

Article 20 - Applicable law and mediation

These General Conditions of Use are governed by and subject to French law.

Unless provisions of public order, any litigation which could arise within the framework of the execution of these General Conditions of Use could before any legal action be subjected to the appreciation of the Publisher of the Site with a view to an amicable settlement .

It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless stated otherwise, in the public interest, any legal action relating to the execution of these General Conditions of Use must be subject to the jurisdiction of the courts of the jurisdiction of the place of domicile of the defendant.

 

Consumer Mediation

According to article L.612-1 of the Consumer Code, it is recalled that "all consumers have the right to have free recourse to a consumer mediator for the amicable resolution of the dispute between them and a professional.