Allgemeine Benutzungsbedingungen

Preamble and definitions:

"The Site" applies to all the web sites currently managed by the company texapro.com including www.texapro.com.
"The Services" applies to all the services suggested by one or more of the sites managed by company texapro.com.
The expressions "Buyer(s)", "Seller(s)" or "User(s)" apply to the buyers or sellers, to any potential buyer or seller as well as to any visitor of one of the sites exploited by texapro.com.
"The Item" means a professional equipment.
"The Price" indicates the setting at price without taxes of an item. The validity period is fixed by the Seller. texapro.com will then put the Seller in liaison with any interested Purchaser.
"The Offer" indicates an offer to purchase a particular product and commits the Purchaser to negotiate, with the Seller, the purchase of the concerned item.
This contract confirms the general conditions of use (GCU) of our services as well as the rights and obligations of the Buyers, Sellers and Users, whatever their geographical localization. This contract applies to any Buyer, Seller and User of our services.
texapro.com cannot be bound by any other condition or term emanating from any Buyer or Seller.
The acceptance of this contract is mandatory for the use of the services.
The registration the Service implies the acceptance of this contract. Any inscription is subjected to the approval of texapro.com. Any Buyer or seller automatically agrees, by using this service, to adhere fully to the contract.
texapro.com reserves the right to amend the GCU at any time. Any Buyer or Seller refusing these amendments will have to stop using the Service.
texapro.com reserves the right to amend, at any time, the Site or the proposed services.
The Buyers and Sellers commit to use the Service proposed by texapro.com in conformity with the present general conditions of use by making sure that the service suggested by texapro.com is in conformity with any legislation, regulation or use which are applicable for them.

Purpose of Services proposed by EXA
1. texapro.com's main objective is to establish the relation between Buyers and Sellers while acting like independent intermediary. texapro.com does not execute sales operations as such, and is considered as a broker. Thus the Services cannot be compared to any public sales auctions as applicable with the ordinance of 2/11/45 and the law of 22 Pluviose An VII.
2. A Seller having received several Offers is free to decide. He will be able to retain the Offer which corresponds best to its criteria, particularly according to the price that the Buyers would be ready to pay, the solvency, the terms of payment...
3. texapro.com is not owner of the goods proposed for sale and is not authorized to purchase any of them. texapro.com does not have any right and/or capacity to act with the name and for the account of a Seller or a Buyer or to represent it or engage it in any way. In no case texapro.com represents the Buyers or the Sellers and never execute or conclude the transactions.
4. Any user can access the Site freely. It is necessary to register prior depositing an Offer or putting a product for sale.
5. There is no obligation of results for texapro.com, only an obligation of means .

Use of the services, security and risks related to the use of Internet

texapro.com cannot be held responsible for the technological limits related to Internet : technical performances, response time, risks of interruption, risks related to any data transfer.
texapro.com endeavours to leave the Site and its contents accessible 24/24 hours and 7/7 days.
However, the Service is provided "as is", it is accessible according to its availability and texapro.com cannot be held responsible for any disruption happening on its Site as well as any direct or indirect consequence related to possible disturbances. The methods of maintenance operation, test and upgrade are freely chosen and carried out by texapro.com, at any time, whatever the procedures or means used in this respect.
It is up to any Buyer or Seller to take all suitable measures in order to protect his own data and/or software stored on his data-processing equipment.
All equipment and communication expenses necessary to use the Site are the User's responsibility.
Any Buyer or Seller is responsible for the use of the Service made from his account. texapro.com would close the account of any contravening User dealing with intrigues as listed below:

to mislead texapro.com or other Users by usurping the name or the company name of other people,
to provide any false, whimsical or wrong information,
to download, display, transmit, by e-mail or in any other way, any data containing computer viruses or any other code, file or program conceived to stop, destroy or limit the functionality of any software, computer, or telecommunication device (non exhaustive list),
to block or disturb the Service, the hosts, the networks connected to the Service, or to refuse to conform to the conditions, the procedures, the general rules or regulations applicable to the networks connected to the Service,
to violate, intentionally or not, any law or national or international regulation into force as well as a legal transaction and any other rule having the force of law.

Inscription

The inscription of the Buyers and sellers is pre-requisite to post Offers or/and items to be put for sale.
The inscription is free and consists in validly filling in the form proposed through the Site.
texapro.com reserves the right to check or make check whole or part of the transmitted data.
texapro.com cannot be held responsible for mistakes in the transmitted data.
The Users authorize texapro.com to deposit a "cookie" on their computer hard disk and to use any related information.
In accordance with the Law n° 78-17 of January 6, 1978 known as " Informatiques et Libertés (Data processing and Freedoms) ", any Buyer or Seller has the right to access, modify or withdraw any personal data, made available to texapro.com through the Service. Any Buyer or Seller has also the right to make opposition to the divestment of these data by notifying texapro.com of their opposition to the following address: 7 rue de l'Ancienne Messagerie, 49 400 Saumur, France

Obligations of the Seller:

The Seller commits not to block the correct operation of the Site.
The Seller carries out the item description he intends to put on sale according to the Site instructions. The Stetting at Prices, the Reserved Prices are indicated excluding VAT and the currency is chosen by the Seller.
The Seller must make sure that he has all the necessary rights and authorizations to put on sale his items, which items do not interfere with any regulation in force nor to third party rights.
Handling, transportation, customs charges and, generally, all expenses related to the move of items are, by default, at the Buyer's charge.
texapro.com reserves the right to withdraw any item put on sale, for whatever reason, at any time and without engaging its responsibility, without damage for its other rights and resorts, by simple electronic mail notification.
The setting on sale of an item implies the commitment to negotiate, with any Buyer introduced by texapro.com, the sale of the said item.
A setting on sale can be cancelled if no Offer was recorded on the Site or if no Offer is higher or equal to the Starting Price or if necessary to the Reserved Price.
For the period of setting on sale, the Seller will not be able to put on sale the concerned item on any other site running a direct competition service. Nevertheless, the Seller is free to propose the same for sale on other distribution channels apart from Internet.
texapro.com is not committed to guarantee any number of Offers to the Seller.
The Salesman engages to inform texapro.com, within 24 hours from closing the deal, of any sale execution of the concerned item.

Obligations of the Buyer:

The Buyer engages not to block the correct operation of the Site.5.1 The Buyer engages not to block the correct operation of the Site.
The Purchaser will transfer his Offer to texapro.com in accordance with the indications given by the Site.
The Buyer is entirely responsible for his Offer. It is up to him to make sure that he has the proper rights and capacity to buy any item included in his Offer.
The Offer, even looking at the highest price, does not guarantee that the sale is acquired.
There is no guarantee from texapro.com that each Offer will be taken into account.
Handling, transportation, customs charges and, generally, all expenses related to the move of items are, by default, at the Buyer's charge.
texapro.com reserves the right to refuse any offer, for whatever reason, at any time and without engaging its responsibility, without damage for its other rights and resorts, by simple electronic mail notification.
For each Offer, the Buyer is committed to negotiate the purchase of the considered item with the Seller. The Buyer can withdraw his Offer as long as this one was not selected by a Seller.
The Buyer guarantees sufficient financial resources for the Offer carried out, in the same way as if he was going to confirm the purchase of the concerned item at the price suggested in his Offer.
texapro.com reserves the right to request to the Purchaser a bank confirmation of funds availability when the amount of the Offer exceeds 50.000 euros.
When requested by texapro.com, as a preliminary condition to the setting in relation with the Seller, the Buyer engages to pay the deposit to texapro.com according to the terms of article 6.7 of this contract.
The concerned Buyer engages to inform texapro.com of any transaction.

Setting in relation of the Buyers and the Sellers

The Seller fixes freely the starting Price, the reserved Price, the validity of the offer .
The transmitted Offers are managed in dynamic way according to the ascending biddings mode.
The sales offer validity expires at 12.pm GMT on the date indicated by the Seller.
The Offer which will be taken for a setting in relation is the Offer chosen by the Seller of the concerned item.
texapro.com will proceed to the setting in relation only if the Buyer respected beforehand his obligation in accordance with article 6.8 of this contract
texapro.com reserve the right to suspend the setting on sale of a product or to stop at any time any procedure of setting in relation, without reason, and without his responsibility, without damage for his other rights and resorts.
Any Buyer, whose Offer was retained at the completion of the validity period, is informed by texapro.com that he will be subject of a setting in relation with the Salesman. As a preliminary to any setting in relation, texapro.com can freely ask to the Buyer the payment of a deposit. In this case, he will have to pay , within four (4) working days from e-mail notification, otherwise his Offer would be cancelled, an amount equal to ten percent (10%) of the amount of his Offer, on a separate deposit account (non productive of interests to the benefit of the Buyer or the Seller) with a bank chosen by texapro.com and according to texapro.com's instructions.
If the transaction is actually carried out, the Buyer and the Seller will jointly inform texapro.com about the details of its execution.
texapro.com will invoice the Seller for the amount of the commission due to texapro.com, (including VAT if applicable). This amount is payable at reception and is equal to 10% ( minimum fee : 80 € )
The deposit paid by the Buyer is deducted from the commission due by the Seller. The balance will be transferred to the Seller's account by the bank, upon receipt of instruction from texapro.com.
The amount of the transaction is supposed to be the exact amount of the Offer. If, following a negotiation, the effective price of the transaction is different, the Seller will inform texapro.com within 30 days from invoice notification at the latest. texapro.com will adjust the commission and send a new invoice as well as a credit note for the initial invoice. Beyond the 30 days deadline, no dispute will be allowed by texapro.com.
Should the negotiations fail and the transaction carried out, the Buyer and the Seller engage to notify texapro.com by mail or e-mail. In this case, texapro.com will give instructions to the bank in order to refund the deposit to the Buyer.
Any remuneration paid to texapro.com cannot be refunded.
In the event of non-payment at the expiry date of any amount due by the Seller or the Buyer to texapro.com, the Seller or the Buyer will be indebted automatically and without warning by texapro.com, of late payment interest calculated from the first day of delay at the rate of one and a half of the legal interest rate applied to the initial amount.

Control by texapro.com

texapro.com is allowed to check all information provided by the Users before their diffusion, and if necessary, refuse, withdraw or remove any information.
texapro.com protects information, texapro.com can be forced to put it public to conform to the laws in force or so in good faith, texapro.com thinks that such action is necessary (i) within the framework of a legal procedure, (ii) to ensure the respect of the CGU, (iii) to answer complaints asserting the violation of third party rights, or (iv) to protect the rights or the interests of texapro.com, their Users or the public.
texapro.com has the right to put an end to whole or part access right corresponding to an account and a password, to even remove any account and password.
Any cancellation of access to the Service by any User pursuant to the terms of the contract can intervene without preliminary warning, texapro.com will have the right to close or remove at any time and without notice any account and any folder or file existing in this account and / or to prohibit any further access to these files or to the Service.
texapro.com cannot be held responsible against any user or third party for any cancellation of access to the Service for this user or third party.

Complementary services proposed by texapro.com

texapro.com can propose a set of complementary services provided by third parties or through the Site. All the provisions of this contract are applicable to the whole of these services.
texapro.com proposes services provided by third parties whose Buyers and Sellers can benefit at their own cost, at their entire responsibility and excluding texapro.com. texapro.com canould not be held responsible for any reason whatsoever, particularly if one of them was acting against the law, the applicable regulation or any of third party's rights.
The services proposed by third parties can include links towards other web sites or other Internet sources. Since texapro.com cannot control these sites and these sources, texapro.com cannot be held responsible for the availability of such sites and sources, and cannot support any responsibility as for the contents, ads, products, services or any other hardware available on or from these external sites or sources. Moreover, texapro.com cannot be held responsible for any damage or losses consecutive or in relation with the use or confidence made to the contents, goods or services available on these sites or external sources.

EXA's responsibility

The Site gives access to information, photographs, video films (...) which can be provided by any Buyer or Seller or any third party. texapro.com does not guarantee the exactitude as well as the relevance and the interest of these contents. texapro.com excludes any guarantee and liability for all information or comments available on the Site, the same being provided in an indicative way.
texapro.com cannot be held responsible if whole or part of the contents provided by any Buyer or Seller or third party would break any right of intellectual property or other right of a third party or any applicable regulation.
texapro.com cannot guarantee to the Seller a number of rising bids.
texapro.com does not guarantee the solvency nor the lack of commitment from any Purchaser
texapro.com does not guarantee the quality of the goods nor their correct operation or their conformity.
texapro.com is intermediate and brings closer the Sellers and the Buyers. Thus, texapro.com is in no way responsible for the conclusion, the execution or the end of the relation established between any Seller and Buyer.
The Buyers and Sellers are only responsible for direct or indirect damages and injuries, material or immaterial, caused by them to texapro.com from the fact or within the framework of the use of the service proposed by texapro.com. In the event of violation, by any Buyer or Seller, of this contract, a law, or an applicable use, they engage to compensate texapro.com against any request, complaint, and/or condemnation to damages for which texapro.com could be threatened or be the target.
texapro.com cannot be held responsible for any financial loss, commercial or technical, eventually supported by any Seller or Buyer, such as the loss of productivity, the loss of profit, the loss of turnover, the loss of order, the loss of data and any other financial loss.

Applicable law
The present conditions are subjected to the French law. Any dispute not solved would be brought to the Commercial Court of Paris ("Tribunal de Commerce de Paris").