1.DEFINIÇÕES
Each of the terms mentioned below will have the following meaning in the MB General Terms and Conditions of Sale (abbreviated below to "GTCS"):
« Classified ad »: refers to all of the elements or data (visuals, text, sound, pictures, drawings) submitted by a Customer or Partner under its sole editorial responsibility, with a view to purchasing, renting, selling or searching for equipment disseminated on the Internet Site, Mobile Site and IOS and Android Apps;
"LBC Classified Ad": refers to all of the data elements (visuals, text, sound, photographs, drawings) deposited on the Leboncoin Site by an LBC and/or Professional Advertiser that has subscribed to the Leboncoin offering, under its sole editorial responsibility, with a view to purchasing, renting, selling or searching for equipment diffused on the Leboncoin Site, the Mobile Site and Leboncoin IOS and android apps.
« Advertiser »: refers to any advertiser, whether a non-professional and/or professional, and the holder of an Account. An account is considered as being "Professional" or "non-Professional" according to the context in which the Advertiser and account holder, a professional or non-professional, uses MB Services and the SIRET Number entered or not entered by the Advertiser when creating its account.
- « Professional Advertiser »: refers to a professional, notably specialising in the sale and/or rental of equipment, and holder of an Account in the context of its professional activity, (e.g. a dealer, wholesaler, transport company, renter, manufacturer).
- « Non-Professional Advertiser »: refers to an individual or legal entity and holder of an Account, the principal activity of which is not the sale or rental of equipment. (e.g.: a farmer, farm services company, full-time employee or a farm equipment cooperative, in particular).
"LBC Advertiser": refers to any advertiser with a professional account on the Leboncoin site or for the Leboncoin Professional Equipment Boutique.
« Applications»: refers to the Android app that can be downloaded free of charge to an Android phone from Google Play Store and the app optimised for iPhone and iPad that can be downloaded free of charge from the Apple App Store to an iPhone or iPad with, as a minimum, Version iOS 7 for iPhone or Version iOS 8 for iPad enabling Users and Advertisers to access part of MB Services.
"Leboncoin Professional Equipment Boutique": refers to the offer proposed solely by MB Diffusion enabling an LBC Advertiser to combine a Boutique subscription with a recurring Leboncoin credits subscription, it is being specified that different volumes of recurring Leboncoin credits are available for this offer. This offer is solely reserved for LBC Advertisers advertising in the "Farm Equipment", "Transport-Handling", "Construction-First Fix Worksite" and "Second Fix Tools" categories on the Leboncoin Site. The Boutique refers to a page on the Leboncoin Site dedicated to an advertiser, offering it the possibility of presenting its activity, giving its contact details and the opening hours of its physical shop and integrating a hypertext link redirecting to its Internet site. In addition, all the LBC Advertiser's classified LBC ads currently being diffused on the Leboncoin Site are contained in the Boutique. Only those LBC classified ads deposited on the Leboncoin Site, linked to the professional's main activity, are attached to the Leboncoin Boutique and recurring credits.
« Order» : refers to any subscription to a Service by an Advertiser with MB.
« Account»: refers to the personal space created by the Advertiser on the Internet Sites in order to use MB Services, from which the Advertiser disseminates its Classified Ads, views the Classified Ads currently being disseminated and places Orders from the Internet Site, as described in Article 4 of the GTCS. An Account is strictly personal as far as the Advertiser is concerned and cannot be transferred or sold to a third party without the prior approval of MB in writing.
« Credit»: refers to the virtual currency purchased via the Professional Advertiser's Account which enables it to subscribe to one or more publication offers, as described in Article 5.1 of these General Terms and Conditions of Sale. Credits are attached to the Account from which they are purchased and cannot be transferred to another Account. MB reserves the right to set up automatic Credit consumption rules that can be modified at any time by the Advertiser. Credits have a life of twelve months. MB cannot be asked to extend the validity of a Credit. The cancellation of a Pro. Account results in the cancellation of the Credits associated with this account.
"Leboncoin recurring credits": refers to the virtual currency attached to the Leboncoin Professional Equipment Boutique. The recurring Leboncoin credits included in the Leboncoin Professional Equipment Boutique may only be consumed on the Leboncoin site and cannot be viewed in the Advertiser's Account on Internet sites. The cancellation of the Leboncoin professional account results in cancellation of the recurring Leboncoin credits associated with this account.
« Logon Identifiers»: refers to the email address and password chosen by the Advertiser when creating its Account, which enable the Advertiser to be identified.
"LBC France": a simplified joint stock company (SAS) with €3,252,490 capital, Paris Commercial Register N° 512 724 336, with its registered office located at 85-87 rue du Faubourg Saint-Martin 75010 Paris, which publishes and operates the "Leboncoin Site".
« MB»: a company that publishes and operates the Agriaffaires and MachineryZone Internet Sites, Mobile Sites and IOS and Android Apps. Depending on the geographic location of your entity, your order will either be handled by :
- MB Diffusion, a simplified joint stock company (SAS) with €87,000 capital, Evry Commercial Register N° 432552966, with its registered office at 98, Allée des Champs-Elysées 91080 - COURCOURONNES France
- or MB Advertising, a company incorporated under Irish law with 20,000 euros capital, with its registered office located at Rsm Ireland, Trinity House, Charleston Road, Ranelagh Dublin 6.
« Multidiffusion of Classified Ads»: refers to the Service that enables a Customer to disseminate an Ad published on MB Internet Sites or on one or more other online Internet Ad sites operated by MB Partners, carefully selected by the latter, on an occasional or recurring basis, in France or abroad.
«Packs»: refers to the Service offers marketed by MB, as described in Article 5 of these GTCS "Description of MB Packs and Services".
« MB Services »: refers to the Agriaffaires and/or MachineryZone Services performed and marketed by MB and governed by these GTCS.
« Partner Offer »: refers to an offer of services proposed and executed by an MB Partner promoted on the Internet Sites. MB is a third party to the commercial relationship that might exist between an MB Advertiser and Partner. MB may not be held liable in this respect in the event of complaints resulting from the commercial relationship between an MB Advertiser and Partner.
« Partner»: refers to a company belonging to the Schibsted Group and/or an MB third party that has the benefit of a partnership with MB for the promotion of their services and/or products on the Sites via Partner Offers.
"Fraudulent action to put Classified ads to the top of the list": refers to fraudulent action by an Advertiser to put Classified ads to the top of the list without subscribing to the "Put to top of list" option for these Classified ads. In this event, MB reserves the right to suspend and/or close the Advertiser's Account, as per Articles 8.1 and 9.4 of these General Terms and Conditions of Sale.
« MB Sales Department»: refers to the MB Sales Department available to Users and Advertisers via the Internet Sites and Apps, as well as by phone on +33 (0)1.60.87.11.60, in order to place an Order and/or prepare a quotation according to the Services requested by the Advertiser and/or User.
« MB Customer Services »: refers to Customer Services for the Internet Site where the Advertiser can obtain any additional details. This department can be contacted by clicking on the "contact" link located on the Internet Site, Mobile Site and IOS and Android Apps, as well as by phone on +33 (0)1.60.87.11.60.
« Internet Sites»: refers to the Internet Sites operated by MB, mainly accessed via the MachineryZone and Agriaffaires URLs and their extensions, which enable the Advertiser to access MB Services via the Internet, create its Account and from which Classified Ads can be accessed and disseminated.
"Leboncoin Site": refers to the Internet site operated by LBC France accessible from the Leboncoin.fr URL, as well as the Leboncoin mobile site and app, which allows classified ads to be viewed, saved and deposited.
« User »: refers to any visitor with access to MB Services via Internet Sites, Mobile Sites and/or Apps who views the Services available from the various media.