CGV

I. Purpose – scope of application

The General Conditions of Sale aim to govern the contractual relations between VIA MOBILIS, a simplified joint-stock company with a capital of 500.000 euros, registered under the number B 408 901 916 at the R.C.S Epinal, whose registered office is located at the following address: Le moulin Collot 88500 Ambacourt France, publisher of the websites www.via-mobilis.fr, www.europe-camions.com, www.europe-tp.com, www.europe-manutention.com, www.europe-utilitaires.com, www.europe-agri.com, www.via-mobilis.com as well as all foreign versions and variants of the sites and the CLIENT to define the extent of the services offered by the company.

The General Conditions of Sale apply to any service of any kind, performed by VIA MOBILIS in countries around the world. They prevail over any other purchase condition, except for an express and formal derogation granted by VIA MOBILIS. They may be amended or supplemented if VIA MOBILIS establishes one or more contractual elements which, where appropriate, would serve as special conditions.

The fact for a natural or legal person to order a service or product from the company VIA MOBILIS entails full and entire acceptance of these General Conditions of Sale.

II. Acceptance of the General Conditions of Sale

The Service is offered to the CLIENT, subject to their acceptance of these General Conditions of Sale. The CLIENT declares and acknowledges, consequently, to have read these General Conditions of Sale. The mere fact of using the said Service entails pure and simple acceptance of these General Conditions of Sale. The Service is exclusively reserved for individuals legally capable of entering contracts under French law. VIA MOBILIS may modify these General Conditions of Sale at any time by posting the said modifications on each site as soon as possible. It is therefore up to the CLIENT to regularly refer to the latest version of the General Conditions of Sale available at all times on each site. The CLIENT is deemed to accept this latest version at each new connection to the Service. However, in the event of modifications to the General Conditions of Sale, the version of these General Conditions of Sale applicable to the contract concluded with the CLIENT remains the one in force on the date of conclusion of the contract. It is therefore up to the CLIENT to keep a version of these General Conditions of Sale available at the time of the conclusion of his contract. In case of non-compliance by the CLIENT with these General Conditions of Sale, VIA MOBILIS reserves the right to refuse access to this Service. The General Conditions of Sale were updated on 28/02/2024. This edition cancels and replaces previous versions.

III. Description of the services offered

Our services include everything that is explicitly listed in the quote. Conversely, they do not include what is not specified in the same quote.

Thus, all modifications of the contents provided by the CLIENT after the execution of the service by the company resulting in corrections, said author corrections, will be subject to additional billing of one hundred (100) euros excluding taxes per hour spent on the said corrections.

VIA MOBILIS commits to inform the CLIENT and to bill the author corrections only after two (2) rounds of corrections and after explicit agreement of the CLIENT.

· Advertisements

The Service allows the CLIENT to post paid or free classified ads that will be published on the sites managed by VIA MOBILIS.

Subscription to VIA MOBILIS’s Service is monthly. It is renewable by tacit renewal. The CLIENT may terminate their subscription at any time by sending their request by registered letter with acknowledgment of receipt to: VIA MOBILIS, Le moulin Collot 88500 Ambacourt France. The notice period for terminating the subscription is 60 days from the receipt of the termination letter by VIA MOBILIS, the postmark serving as proof. However, The CLIENT may terminate their subscription by writing an email to the following address: res@via-mobilis.com. A response email will confirm the proper consideration of the request. From the receipt of this email, the notice period for the termination of the subscription is 60 days.

· Advertising

The CLIENT may rent advertising spaces on the VIA MOBILIS websites, for a limited duration defined in the advertising campaign quote. The banner ad will be published after the payment of the invoice issued. Unless otherwise provided in the contract, the advertising banners created by VIA MOBILIS for the CLIENT advertiser remain the property of VIA MOBILIS and may not be used for purposes other than those provided in the VIA MOBILIS advertising campaign.

The CLIENT may purchase other services whose conditions will be duly specified in the quote. Conversely, they do not include what is not specified in the same quote.

· Credits

The CLIENT has the option to purchase Credits to use visibility options or to post ads. Each credit has a validity period of 12 months. With each purchase of a credit pack, this validity period is automatically renewed for a duration of 12 months. Under no circumstances may the CLIENT claim a refund of their purchased or offered credits.

III. 1. Posting of ads and duration of service

Ads are written by users of the Service. To avoid any later disputes, VIA MOBILIS invites the CLIENT to check their ad as soon as it is first published.
The CLIENT can post an ad by filling out and validating a form made available online in the client area.
The validation of the form results in its immediate consideration.
Since ads posted are considered immediately upon validation of the form, the CLIENT is reminded that they do not benefit from any right of withdrawal.

Service duration Advertisement posting with Subscription: the ad is published on the site for the duration of the subscription as long as it is not removed by the CLIENT. The CLIENT can at any time access their client area to delete their ad.

Service duration Posting of a Single ad: the ad is published on the site for the duration determined by the type of the ad purchased: Basic = 14 days; Plus = 56 days; Premium = 180 days.

Deletion of the ad: the CLIENT can at any time access their client area and delete their ad. The amount remains due for the type of ad purchased, i.e., a minimum of 14 days of publication, even if the ad is withdrawn during the period.

Modification of the ad: During the publication period of their ad, the CLIENT can modify it from their client area.

III. 2. CLIENT’s Commitment

The CLIENT undertakes to describe with the greatest accuracy the vehicle or equipment they wish to sell. In case of the sale of the vehicle or equipment during the publication period of the ad, the CLIENT undertakes to directly delete their ad.
The CLIENT specifically undertakes that the information they announce:
· not be false and misleading
· not be fraudulent or involve the sale of counterfeit or stolen items
· not infringe on copyright, patent rights, trademark rights, trade secrets, other intellectual property rights, the right to disclosure, or the privacy rights of third parties
· not violate any law or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, discriminatory practices, or misleading advertising).

IV. Orders

Any quote signed by the CLIENT is considered as a contract binding all parties. This contract is considered firm and irrevocable from the agreement of the CLIENT and VIA MOBILIS on the services and the price.

Any modification of the terms and contents of the contract by the CLIENT must be previously accepted by VIA MOBILIS and will result in an amendment to the budget as well as to the execution schedule.

VIA MOBILIS cannot be held by the deadlines and prices of the contract in case of modification by the CLIENT or non-compliance by the latter with its obligations, not accepted by it.

Any cancellation by the CLIENT after realization will result in the invoicing of the incurred costs as well as a cancellation fee whose amount is fixed at ten (10) percent of the tax-exclusive amount of said project.

Any cancellation by the CLIENT of a service, less than seven (7) days before the realization of said service will result in the invoicing of the incurred costs as well as a compensation whose amount is fixed at fifty (50) percent of the tax-exclusive amount of said service.

V. Prices and Payments

The CLIENT undertakes to pay VIA MOBILIS the price mentioned in the contract. All prices are exclusive of taxes. Prices and deadlines are valid 15 days after the issuance of quotes. They are firm and non-revisable at the order.

· Single ad

The cost of placing a single advert is determined on the basis of the selling price indicated by the advertiser. Applicable VAT is added where necessary. Payment is made in cash. Increasing the selling price when the advertiser modifies the ad may result in charges. VIA MOBILIS does not intend to grant any discount for cash payment or on a date earlier than those resulting from the General Conditions of Sale.

· Subscription

The subscription price is invoiced according to the quote issued by VIA MOBILIS and signed by the CLIENT. VIA MOBILIS reserves the right to modify the rates at any time. In this case, the CLIENT will be notified by email and will have a period of 1 month from the date of issuance of their invoice taking into account the new rates, to cancel their order by registered letter with acknowledgment of receipt. After this 1-month period, the CLIENT will be subject to the new rates. The quotes are valid for 15 days from the date of their receipt. Unless otherwise agreed between the parties and mentioned in the quote signed by the CLIENT, the payment of invoices is due upon their receipt by the CLIENT.
In case of payment rejection, the processing fees for this rejection will be due by the CLIENT to VIA MOBILIS. In case of late payment, an indemnity calculated on the basis of three times the legal interest rate in force as well as a flat-rate indemnity for recovery costs of 40 euros will be due, in accordance with Article L 441-6 of the Commercial Code.

Any delay in payment will also give the company the right either to suspend the execution of the services or to terminate the contract by right, without this suspension or termination being considered as a cause of termination of the contract attributable to the company nor does it give rise to any indemnification, without prejudice to all damages and interests that the company could claim.

The accepted modes of payment are as follows:

· Payment by credit card: the payment for your ad is made on the websites of our secure payment service providers: Crédit Mutuel and Payment Services Ingenico.
· Payment by check: in case of payment by check, VIA MOBILIS will validate the ad upon receipt of the payment at the following address: VIA MOBILIS – Le moulin Collot – 88500 Ambacourt.
· Payment by PayPal: an invoice is issued and delivered upon completion of the service.
· Payment by Transfer.
· Payment by Direct Debit.

The online provision of the credit card number and the final validation of the order will constitute proof of the entirety of said order in accordance with the provisions of the Law of March 13, 2000, and will warrant the due amounts engaged by the order. This validation acts as a signature and expresses acceptance of all operations carried out on the site. However, in case of fraudulent use of their credit card, the CLIENT is invited, upon noticing this use, to contact the customer service of VIA MOBILIS by calling the following number: +333.29.29.29.30. The computerized registers, kept in the computer systems of VIA MOBILIS under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. It is expressly agreed that, except for a manifest error on the part of VIA MOBILIS, the data stored in the information system of VIA MOBILIS have probative force with respect to orders made by the CLIENT. Data on electronic or computer media constitute valid evidence and as such, are admissible in the same conditions and with the same probative force as any document that would be established, received, or kept in writing. The archiving of purchase orders and invoices is carried out on a reliable and durable medium in order to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.

VI. COOPERATION

1. Company’s Obligations

VIA MOBILIS is bound by a general obligation of advice, information, and warning towards the CLIENT, an obligation of means to which it must satisfy throughout the execution of the Contract.

In execution of this obligation, the company undertakes to provide the CLIENT with all useful information in order to enlighten them on their choices within the framework of the execution of the contract.

VIA MOBILIS will be released from its obligations, notably in terms of deadlines and level of quality, in case of events due to force majeure.

2. CLIENT’s Obligations

The CLIENT undertakes to make available to the company all the elements necessary for the proper execution of the contract.

The CLIENT expressly declares to guarantee the company against the consequences of any action based on the inaccuracy of the information made available to it, notably in case of action for deceptive practice.

The CLIENT also guarantees the company against the consequences of any action by a third party on the counterfeiting character of the information made available to it.

During the execution of the service, the CLIENT will be required to control and validate any deliverable that the company might be required to ask for.

In the event that the CLIENT does not provide any written feedback regarding a deliverable, the company reserves the right to put the project on hold. The company VIA MOBILIS will then initiate two (2) email reminders followed by one (1) reminder by registered letter with acknowledgment of receipt. Without return from the CLIENT following the email and registered letter reminders, the company VIA MOBILIS will stop the project and will request the full payment of the contract signed by the CLIENT.

VII. Liability

The ads broadcasted are edited and published under the sole responsibility of their respective authors.
VIA MOBILIS declines all responsibility as to the accuracy or relevance of these ads. The texts of the ads appear under the responsibility of the CLIENT. The VIA MOBILIS websites are only the supports of the classified ads posted. The CLIENT thus undertakes to indemnify VIA MOBILIS for any prejudice it may suffer as a result thereof and guarantees VIA MOBILIS against any action based on these insertions. It is specified that VIA MOBILIS does not intervene in any case in the transactions between buyers and sellers.

VIA MOBILIS does not exercise any control over the quality, safety, legality of the items listed, the truthfulness or accuracy of the ads posted online, the ability of sellers to sell the said goods or services nor the ability of buyers to pay for said goods or services. Notwithstanding the foregoing VIA MOBILIS reserves the right to refuse purely and simply, without having to specify the reasons, an ad whose nature, text, or presentation would appear as contrary to its moral or commercial interests, without any other obligation than to refund any amounts possibly paid.

The CLIENT undertakes to guarantee, indemnify, and compensate VIA MOBILIS for any damage, loss, loss of profit, complaint, liability, and costs that VIA MOBILIS could suffer if its liability was engaged by a third party, due to an action or a complaint, emanating from a third party, following the posting of a classified ad in violation of the rules contained in these General Conditions.

VIII. Limitation of Liability

VIA MOBILIS will use its best efforts to maintain the Classifieds Service in an operational state. However, it is an obligation of means and VIA MOBILIS offers no guarantee that uninterrupted operation and/or continuity of the service can be assured. As such, VIA MOBILIS’s liability cannot be sought in case of defects that may exist or damages (costs, loss of profits, loss of data, or direct or indirect damages) that may arise from the use of the Service by The CLIENT, or the impossibility to access it. VIA MOBILIS’s liability cannot be engaged, directly or indirectly, in the transactions which obey the general rules of the Civil Code (art. 1641 and following).
Likewise, VIA MOBILIS’s liability cannot be engaged for all inconveniences or damages inherent to the use of the Internet network, in particular, a service interruption, external intrusion, or the presence of computer viruses.

IX. Personal data

The personal data requested on the site will not be used by the company VIA MOBILIS for commercial purposes. VIA MOBILIS undertakes not to communicate them to third parties. The CLIENT is informed that this automated processing of information has been declared to the CNIL under the number 1200686 dated 26/10/2006. In accordance with the law of January 6, 1978, as amended, The CLIENT has the right to access, oppose and rectify data concerning them, either directly on the Internet or by mail by writing to VIA MOBILIS, at the following address: Le Moulin Collot – 88500 Ambacourt France, or send a message to the following email address: info@via-mobilis.com
To learn more about how your information is collected and used by VIA MOBILIS, consult the "Privacy Policy" page.

X. Force majeure

The liability of either party cannot be sought if the execution of the contract is delayed or prevented due to force majeure or an act of God, due to the other party or a third party or external causes such as social conflicts, intervention of civil or military authorities, natural disasters, fires, water damage, interruption of telecommunications or electrical networks.

XI. Image rights

Unless otherwise written notice notified by registered letter with acknowledgment of receipt or in a confidentiality clause added to the contract and in accordance with the provisions relating to the right to image and the right to name, the CLIENT authorizes VIA MOBILIS, within the framework of its communication and advertising, to use and reproduce its image (logo, graphic charter, ad photos).

XII. Intellectual property

All elements of the VIA MOBILIS site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks, and patents. They are the exclusive property of VIA MOBILIS. The CLIENT who has a personal website and wishes to place, for personal use, on his site a simple link directly referring to the VIA MOBILIS sites, must necessarily request its written and prior authorization. In any case, any unauthorized link must be removed upon simple request from VIA MOBILIS.

XIII. Deliverables

VIA MOBILIS undertakes to provide the deliverables within the deadlines and the levels of quality defined by the contract.

From the delivery of the service, the CLIENT must notify VIA MOBILIS of any non-conformity by mail or letter within a period of ten (10) days. Failing this, the service will be considered as conforming to the corresponding contract.

XIV. Archiving

Unless written agreement, VIA MOBILIS is not required to keep the working documents, whatever the medium. For security reasons, VIA MOBILIS only keeps a backup for three (3) months after the delivery of the project. In case of agreement on conservation, the costs of archiving, further processing, formatting, and editing will be borne by the CLIENT.

XV. Copyrights and Property

Unless otherwise explicitly mentioned by the client company, VIA MOBILIS reserves the possibility of including in the realization a commercial mention clearly indicating its contribution, in the form of a mention of the type:

· "A creation by VIA MOBILIS", when it concerns graphic design services.
· "Developed by VIA MOBILIS", when it concerns multimedia development services.
· "A realization by VIA MOBILIS", in a more generic way when it concerns a global service.

The entire production, subject of this order, remains the full and exclusive property of VIA MOBILIS as long as the invoices are not paid in full by the CLIENT, up to the total amount of the order and any amendments concluded during the service.

The CLIENT will become the owner of the production from the final settlement and payment of all invoices issued by VIA MOBILIS within the framework of the order. The production files and sources remain the exclusive property of VIA MOBILIS, only the finished product will be sent to the client.

If the CLIENT wishes to have the sources of the documents, an amendment to this present quote will have to be requested.
The deliverables remain the property of VIA MOBILIS and the right of use is strictly limited to the framework of the execution of the contract and may, in no case, be extended to other purposes than the execution of the contract without the explicit and written agreement of the company.

This right of use is granted for the entire duration of this Contract and will automatically end upon its expiration.

The CLIENT, represented by the signatory of this order, acknowledges and assumes full and entire responsibility for the choices made in terms of textual, iconographic content appearing in the realization delivered by VIA MOBILIS.

In the context where the CLIENT intervenes on a digital platform (website, application, intranet, interface, digital tools) via a back office developed by the company, they engage their responsibility on all the rights of use of the text and image contents they integrate into said digital platform.

The CLIENT acknowledges having knowledge of the warnings, concerning copyright and intellectual property laws articles L121-1 of the intellectual property code, governed by the law of March 11, 1957, and the penalties that may be incurred for their violation.

XVI. Right to publicity

Unless otherwise explicitly mentioned by the CLIENT, notified by registered letter with acknowledgment of receipt, VIA MOBILIS reserves the right to mention its realization for the client company as a reference in the context of its commercial prospecting, external communication, and advertising actions.

The client company, represented by the signatory of this order, authorizes VIA MOBILIS, to use for purely demonstrative purposes the realization. This authorization extends more particularly to the components of the realization, including without restriction the public presentation of the following contents: textual and iconographic contents.

XVII. Confidentiality

VIA MOBILIS implements all means to ensure the confidentiality and security of data transmitted on the web. As such, the websites use a secure payment module of SSL type (Secure Socket Layer).

XVIII. Data protection law

The CLIENT expressly undertakes to ensure himself all the compulsory formalities to be carried out with the CNIL (National Commission for Informatics and Liberties).
In accordance with the Data Protection Act of January 6, 1978 (art. 34), amended by the so-called "informatics, files, and liberties" law, and the General Data Protection Regulation which came into force on May 25, 2018.

The CLIENT has a permanent right of access, modification, rectification, and deletion concerning the information concerning him.

Each party guarantees that it is the owner or that it has the right to use the data and databases contained in the files communicated to the other Party.

Each party remains the sole and unique holder of the personal data for which it is responsible and that it has transmitted within the framework of this Contract.

It is expressly agreed, that the company has no right over the data and databases contained in the files communicated by the CLIENT, if it is not to be able to use them according to the sole instructions of the CLIENT, and not to make any use other than for the needs strictly necessary for the execution of its services.

VIA MOBILIS undertakes to process the personal data collected for the sole needs of the services performed in the execution of this Contract and, in general, to act only on written instruction from the CLIENT.

VIA MOBILIS undertakes not to use the personal data for purposes other than those provided for in this Contract, in particular any commercial prospecting, marketing, or other use.

VIA MOBILIS undertakes that the persons in charge of the services and having access to personal data, are subjected to an appropriate confidentiality and security obligation, and to ensure the respect of the obligations provided for in this article, and to enforce the terms by its staff as well as by its possible subcontractors, in particular by ensuring that its subcontractors present sufficient guarantees for the implementation of security and confidentiality measures, and by passing on to them contractual commitments at least as demanding as those provided for herein.

The CLIENT has the right of access, modification, rectification, and deletion of data concerning him in accordance with the Law "Informatique et Libertés" No. 78-17 of 1978, amended by law No. 2004-801 of August 6, 2004, and the General Data Protection Regulation that came into force on May 25, 2018 at the following address: 29, rue Eugène Eichenberger, 92800 Puteaux.

XIX. Subcontracting

VIA MOBILIS informs the CLIENT that it may be led to subcontract part of the services and/or deliverables, in particular according to their specificities, which the latter expressly accepts.

VIA MOBILIS guarantees to the CLIENT the respect by any possible subcontractor of all the provisions of this Contract, in particular in terms of quality and deadline of the services and/or Deliverables.

XX. Non-solicitation of staff

The CLIENT undertakes not to poach the staff of the company who participated in the realization of services for the CLIENT, and this, two years after the end of the last service performed by the concerned employee for the CLIENT.

XXI. Applicable law – Jurisdiction

These general conditions are subject to French law. In case of dispute and in the absence of an amicable agreement, the only jurisdiction recognized and accepted by the parties is the Commercial Court of EPINAL (88).

XXII. Duration

These conditions apply throughout the duration of the online services offered by VIA MOBILIS.

XXIII. Company information

VIA MOBILIS
Email: info@via-mobilis.com
Phone: +33.3.29.29.29.30
Fax: +33.3.29.37.09.09
Registered office VIA MOBILIS – Le moulin Collot – 88500 Ambacourt – FRANCE
R.C.S Epinal 408 901 916
APE Code 6312Z
SAS with a capital of 500.000 €
Intracommunity VAT No.: FR13408901916