Top
Online Exhibition - General Sales Conditions

[Distributors] General Sales Conditions (from February 1st, 2021 to June 30th, 2022)

Shared onLogo FacebookLogo TwitterLogo PinterestLogo Linkedin
[Distributors] General Sales Conditions (from February 1st, 2021 to June 30th, 2022)

The present version of the General Sales Conditions, updated in February 2021, is applicable for all Contracts signed after February 1, 2021. For invoices issued before February 1, 2021, you can refer directly to the General Sales Conditions in your invoice.

VirtualExpo operates various websites allowing listed Sellers to receive sales requests from Potential Buyers interested by the products of the brands present on the different Websites and that they distribute.

The present General Sales Conditions govern the relationship between VirtualExpo and the Sellers under the terms set out below.

Table of Contents

Article 1. DEFINITIONS

“Potential Buyer”: refers to any person, professional or consumer, who accesses and browses the Website.

“Article”: refers to any content (text, photograph, video, etc.) relating to a Seller or his or her Products online on the Website, including, where applicable, brochures or technical data sheets for the Products, information or trends relating to the business field, a Seller’s project, etc.

“Partner Distributor”: refers to any Seller who has signed up for a subscription in accordance with the General Sales Conditions.

“Professional Account”: refers to the interface offered to Sellers by VirtualExpo in accordance with the General Sales Conditions.

“Brand”: refers to the manufacturer that presents its products on the Websites.

“Prospect”: refers to any Potential Buyer who has identified himself or herself on VirtualExpo’s Websites.

“Product”: refers to any product (and where applicable, any service) offered by the Seller and listed on the Website.

“Services”: refers to all of the services offered to Sellers by VirtualExpo in accordance with the General Sales Conditions.

“Website”: refers to any website published and run by VirtualExpo, namely the Websites accessible at the URL addresses with the names directindustry, archiexpo, medicalexpo, nauticexpo, aeroexpo or agriexpo and on which VirtualExpo offers the Services.

“Seller”: refers to any professional listed on the Website who accepts the General Sales Conditions and benefits from the Services. The Seller must have the capacity to contract or, failing this, to enter into an agreement with the authorization of his or her legal representative. He or she must also be authorized to distribute the products of the Brands.

“VirtualExpo”: refers to the company VirtualExpo, a simplified joint stock company registered under number 432 439 701 with the Marseilles Trade and Companies Register (RCS), with headquarters at 17 avenue André Roussin 13016 MARSEILLES and whose legal representative is the VirtualExpo Group.

Article 2. APPLICATION OF THE GENERAL SALES CONDITIONS – CONCLUSION OF THE CONTRACT

The use of the functionalities of the Website and of the Services by the Seller implies the acceptance of the General Sales Conditions.

The acceptance of the General Sales Conditions by one of the employees or associates of the Seller (legal entity) is deemed to be made in the name and on behalf of said Seller by a duly authorized person.

The purpose of the present General Sales Conditions is to establish the contractual provisions relating to the respective rights and obligations of VirtualExpo and the Sellers concerning the Services provided by VirtualExpo to the Sellers.

The General Sales Conditions, as well as any document expressly accepted in writing by VirtualExpo and a Seller such as specific conditions, a quote or an order, constitute the Contract between VirtualExpo and the Seller (hereinafter referred to as the “Contract”).

The Contract is entered into and the General Sales Conditions are accepted when the Seller confirms the order on the Website, or by an exchange of emails between VirtualExpo and the Seller.

Any translation of the General Sales Conditions into a language other than French is given as an indication, only the French version shall prevail. The French version of the General Sales Conditions is available on the SmartBlog, which is accessible through the URL http://smartblog.virtual-expo.com/fr/ or upon request to VirtualExpo.

Article 3. WEBSITE AND SERVICES

The purpose of the Website(s) is to present the Products distributed by the Sellers to Potential Buyers, to provide them with information and allow them to be put in contact with one or more Sellers.

The Websites cover different sectors and themes and are written in different languages. The Services described below are valid for a particular Website, as indicated in the order or the one on which the Products distrubted by the Seller are listed.

VirtualExpo provides Sellers with the Services as described below and/or on the Website (or the material provided to the Seller by VirtualExpo, such as the “Mediakit”).

Some Services are subject to prior registration on the Website and/or subscription in accordance with the conditions detailed in Article 4.

The Seller shall be responsible for the equipment necessary for access to and use of the Services, as well as the telecommunications costs incurred by their use.

3.1 Services offered to all Sellers

STARTER OFFER: VirtualExpo may list the Sellers or distributors of certain brands on one or more Websites, depending on the data provided by the brands to VirtualExpo or publicly available on the Internet.

VirtualExpo will communicate to the Seller the requests addressed to him or her by Prospects or the contact details of the Prospects who have consulted his or her price options. The communication of these details is subject to the Seller’s undertaking to comply with the applicable regulations, in particular as regards personal data.

The STARTER OFFER allows the Seller to:

3.2 Services offered to Subscribing Sellers (“Paid Services”)

The BUSINESS OFFER: in addition to the Services available in the Starter Offer, it allows the seller to:

Every Subscribing Seller acquires the status of a Partner Distributor.

Occasional Paid Services: VirtualExpo also offers the following services to Sellers who have subscribed to the BUSINESS OFFER:

Article 4. CREATING AN ACCOUNT – SIGNING UP FOR A SUBSCRIPTION AND OCCASIONAL PAID SERVICES – PRICE AND PAYMENT

4.1 Creating an account/accessing the Professional Account

To benefit from certain Services, the Seller must have a Professional Account in order to access the interface and manage his or her Articles, Products, Prospects’ requests, etc.

The Seller agrees to provide VirtualExpo with accurate, faithful and up-to-date data, and to communicate to VirtualExpo any necessary updating of the data communicated at the time of his or her registration.

Once the Seller has signed up, they will receive an account creation confirmation email from VirtualExpo.

The Seller will have an email address and password that are personal and confidential. The Seller undertakes to ensure the confidentiality of his or her email address and password and will be liable for fraudulent use of this information. Any Seller who is aware of fraudulent use of his or her login details must inform VirtualExpo as soon as possible.

4.2 Signing up for a subscription or ordering occasional Paid Services

At VirtualExpo’s discretion, the Paid Services may be provided under special conditions by VirtualExpo during a limited non-renewable discovery period, under the conditions indicated by VirtualExpo to the Seller.

Generally speaking (or, where applicable, at the end of this discovery period), the Seller must sign up for a subscription to continue to benefit from the Paid Services (BUSINESS OFFER) or place an order for occasional Paid Services. Otherwise, the Seller will only benefit from the Services available without a subscription.

The subscription (BUSINESS OFFER) is for a period of 12 months (unless otherwise specified in the Order) and will be tacitly renewed for periods of the same duration, unless terminated under the conditions provided for in Article 5.

The applicable price will be the rate in effect on the date of subscription or renewal or, or for occasional Paid Services, on the date of the order.

In the case of an exceptional discount accorded for the price of a subscription when it is purchased (or applicable for the previous period), this discount will automatically be reduced by 10% for the following period.

The subscription price must be paid in full with no discount on the date of subscription or renewal. The price of occasional Paid Services must be paid in full with no discount on the date of the order confirmation.

Payment must be made by bank transfer, credit/debit card or Paypal, as indicated in the Order.

The subscription or the occasional Paid Services will only be valid after VirtualExpo receives the payment, so that no Paid Service will be rendered until the payment has been fully collected by VirtualExpo.

If the payment is not received, VirtualExpo will stop providing the Paid Services and reserves the right to no longer list the Seller, Articles and Products on the Website(s). This does not extend the duration of the Subscription by the duration of the suspension of the Services due to the Seller’s fault.

Article 5. DURATION AND TERMINATION OF THE CONTRACT

The Contract will take effect on the day of acceptance of the General Sales Conditions for an indefinite period, as long as the Seller is listed on the Website(s) (as indicated above, in the absence of a subscription, VirtualExpo may remove the Seller from the Website(s)).

For non-subscribing Sellers, the Contract may be terminated by either party in writing with 30 days’ notice at any time (as a result, termination will take effect 30 days after notification).

In the case of a subscription, this will take effect upon the subscription for a period of 12 months, which will be tacitly renewable unless terminated under the conditions indicated below.

Either party may terminate the subscription at any time, subject to a minimum of 30 days’ notice before the end of the ongoing subscription. The termination will take effect at the end of said ongoing period.

Additionally, the parties may terminate the Contract in the event of a breach by the other party of any of its obligations, after prior notification indicating the alleged breach remains unsuccessful. In the meantime, VirtualExpo may suspend the Services, in particular in the event of a report of manifestly unlawful content.

Termination shall be without prejudice to any damages that may be claimed by VirtualExpo from the Seller for damages suffered as a result of such breaches.

VirtualExpo may refuse the creation of a new account to any Seller who has committed a breach of the General Sales Conditions.

Termination of the Contract, for any reason, whether early or at the end of the agreement, will terminate the rights granted in these General Sales Conditions and access to the account will be terminated. The Seller will be personally responsible for the recovery of his or her data if necessary.

Article 6. THE SELLER’S OBLIGATIONS – RELATIONSHIP WITH PROSPECTS

The Seller alone is responsible for his or her obligations regarding his or her relationship with the Prospects with whom he or she has come into contact via the Website(s).

The Seller undertakes to handle the requests of Prospects within a reasonable time and with diligence. Any complaint made by a Prospect against a Seller may result in the temporary deactivation of requests received by email.

The Seller undertakes to comply with the provisions applicable to Prospects’ personal data, in accordance with Article 9 of the General Sales Conditions.

The relationship between the Seller and the Prospect, in particular in the event of an offer or the sale of a Product, shall be exclusively subject to the conditions determined between them, without any liability on the part of VirtualExpo, who is not party to the relationship between the Seller and the Prospect.

The Seller guarantees VirtualExpo against any action brought by a Prospect or by any third party, in particular with respect to an Article or Product or more generally with respect to a Seller’s breach of the General Sales Conditions. In the event of any procedure in which VirtualExpo is blamed, the Seller undertakes to intervene voluntarily and to compensate VirtualExpo for any costs, convictions, damages or prejudice resulting from such action.

Article 7. VIRTUALEXPO’S OBLIGATIONS AND RESPONSIBILITIES

7.1 VirtualExpo’s Status

It should be noted that VirtualExpo is neither the owner nor seller of the Products and has no control over the content or Articles listed on the Website (its sole role may, if necessary, be limited to the formatting or translation of content provided by the Seller it being specified that the translation of Product descriptions is done through automated software).

VirtualExpo does not participate in the relationship or possible contract between the Seller and the Prospect, who perform their respective obligations under their own responsibility. The entire relationship between the Seller and the Prospect, in particular the provision of information and contractual conditions concerning the Products (or others), the conclusion of any potential sales contract (or other), payment, any claims, etc., occurs outside the Website.

As such, VirtualExpo shall not be liable for any breach by the Prospect of his or her obligations to the Seller or vice versa. VirtualExpo does not assume any intermediation regarding prices potentially invoiced by the Sellers, any mission to verify the creditworthiness, or even the actual existence of the Prospects.

Hence the Seller acknowledges that he or she makes the information and contractual conditions concerning the service available, this being the subject of the quote and concluding, where applicable, the contract with the Prospect under his or her own responsibility without VirtualExpo being able to have any liability whatsoever in this respect. Similarly, the Seller meets his or her tax and social

obligations arising from the provision of services and, more generally, from his or her activity independently and under his or her own responsibility.

By listing Sellers’ Products and Articles in order to communicate the contact details or requests of a Prospect to them, VirtualExpo acts solely as a host within the meaning of Law No. 2004-575 from 21 June 2004 for trust in the digital economy and as an operator of an online platform in accordance with Law No. 2016-1321 for a Digital Republic from 7 October 2016 for listing Products on the WebSite(s).

All of the Articles, indications relating to the Seller’s Products or points of sale (information sheets, characteristics, possible prices, etc.) are established by the Sellers (provided by the Sellers or the Brands to VirtualExpo or publicly available on the Internet), without the intervention of VirtualExpo. If necessary, VirtualExpo will format and translate the content, it being specified that the translation of the Product descriptions is done by means of automated software.

VirtualExpo cannot therefore be held responsible for information provided by Sellers or information publicly available about the Products they distribute, for which VirtualExpo does not have the status of publisher.

The Seller is informed that the methods of listing the Products on the Website(s) are linked to various criteria such as the relevance of the Seller’s status based in particular on his or her international presence and the relevance of the Product with regard to the level of similarity between the semantics of the search conducted by a Potential Buyer and the semantics of the chain defined by VirtualExpo (definition/model/brand). A maximum of 3 products per brand will be listed for each search. If there is equal relevance, the Products of Sellers who have signed up for a subscription will be highlighted.

7.2 Obligations and Limitations of Responsibility

VirtualExpo undertakes to take all the necessary care and diligence when providing the Services described above, in accordance with the practices of the profession and the state of the art, in particular undertaking to guarantee permanent access to the Website(s), subject to any maintenance work necessary for the proper functioning of the Website(s) that VirtualExpo will endeavor to limit to the maximum. Additionally, VirtualExpo cannot be held responsible for service interruptions due to a malfunction of network operators and more generally for any system whose operation is not under its control, such as computer, telephone and Internet networks, nor for service interruptions due to cases of force majeure or the actions of a third party.

Despite VirtualExpo’s best efforts, it cannot guarantee a strictly identical display of the Seller’s content on all the email servers and devices used by Potential Buyers.

Any interruption of service for any of these reasons shall not entitle the Seller to any compensation of any nature whatsoever and for any reason whatsoever.

If VirtualExpo were to be liable, its liability would be excluded for immaterial damages such as loss of opportunity, loss of profit, loss of contracts or damage to image and will, in any event, be strictly limited to the amount paid by the Seller for the Services provided or, in the case of unpaid Services, to the amount of €100.

Article 8. INTELLECTUAL PROPERTY

8.1 VirtualExpo’s Rights

With the exception of the Articles, Products and other potential content belonging to the Seller (or other Sellers) the brands, logos, slogans, graphics, photographs, animations, videos, software solutions and text and any other content on the Website(s) are the exclusive intellectual property of VirtualExpo and may not be reproduced, used or represented without express authorization subject to legal proceedings.

The Websites are the property of VirtualExpo and are protected by international copyright laws and treaties, as well as other international intellectual property laws and treaties.

All rights relating to the Website(s) (with the exception of any Articles, Products and other content belonging to the Seller or other Sellers), and to the overall concept of VirtualExpo’s activity, their original and innovative nature, in particular intellectual property rights for texts; literary, artistic, graphic and audiovisual creations (including photographs); computer developments; HTLM developments and other intellectual works; as well as, more generally, all creations that may be protected by intellectual property rights such as images, logos, formats, graphic designs, structures, ergonomics, color codes, typographies, fonts, basic graphic elements, screen layouts, page layouts, backgrounds, the Website(s)’ visual identity, sound elements or trademarks belonging to VirtualExpo or are regularly used by VirtualExpo, without any limitations.

Any partial or total reproduction of the Website(s) or their content by whatever means without the express prior authorization of the owner of the rights to said content is prohibited and shall constitute an infringement punishable by law.

Likewise, VirtualExpo expressly prohibits:

8.2 Seller’s Rights

To be listed on the Website(s) and throughout the duration of the Contract, the Seller grants, as necessary, to VirtualExpo, on a non-exclusive basis, the rights necessary for the provision of the Services by the latter, in particular the rights of representation, reproduction and adaptation of the Articles and Products or other content belonging to the Seller in the event that this content is protected by intellectual property rights.

Article 9. PERSONAL DATA

9.1 The Seller’s Personal Data

The personal data concerning the Seller that is communicated to VirtualExpo is processed in accordance with the VirtualExpo privacy policy available on the Website(s).

9.2 The Prospect’s Personal Data

VirtualExpo and the Seller shall respectively be responsible for separate and successive processing operations with regard to the personal data of Prospects.

The collection and processing of data from Prospects by VirtualExpo is governed by the privacy policy available on the Websites.

Prospects’ data is communicated to the Seller for the purpose of responding to requests made by Prospects to the Seller via the Website(s), and, where applicable, to communicate information to Prospects.

The Seller acknowledges and accepts that he or she is responsible for the processing of such personal data and undertakes in this respect: (i) to comply with the applicable regulations with regard to such data, in particular the European General Data Protection Regulation 2016/679 (GDPR) and the Data Protection Act No. 78-17 as in force [or any other national law that would be applicable to the Seller or Prospect] and (ii) not to make any other use of such data than that referred to above, except after informing and, if necessary, obtaining consent from Prospects.

HANDLE REQUESTS RECEIVED IN ACCORDANCE WITH THE GENERAL DATA PROTECTION REGULATION (GDPR)

1. PROSPECTS: “SEE PRICE OPTIONS”These Prospects provided their personal data (last name, first name, email address, phone number) on the Brand stand and have consented to these details being used so they can be contacted by Sellers.You can contact them a few days after they’ve viewed the product you distribute.
2. REQUESTS: “PERSONALIZED QUOTE”, “PRICE OPTIONS”, “DOCUMENTATION”These Prospects provided their personal data (last name, first name, email address, phone number) on the Brand stand and have consented to these details being used so they can be contacted by Sellers.Prospects who send requests wish to be contacted quickly. Sellers are advised to respond to the request quickly in order to preserve their rating (based on responsiveness).

Article 10. GENERAL PROVISIONS

10.1 Validity of the General Sales Conditions

Any change in the existing laws or regulations, or any decision of a competent court invalidating one or more clauses of the General Sales Conditions shall not affect the validity of the General Sales Conditions.

10.2 Modification of the General Sales Conditions

The General Sales Conditions may be modified and updated by VirtualExpo at any time, in particular to adapt to legislative or regulatory changes. In the event of refusal of the new General Sales Conditions, each of the parties may terminate the Contract.

10.3 Waiver

The failure of either party at any time to require strict execution by the other party of any provision or condition of the General Sales Conditions shall not be deemed a definitive waiver of this provision or condition.

10.4 Independence of the Parties

VirtualExpo and the Seller carry out their respective activities as independent professionals and have no power to act in the name and on behalf of the other party.

Article 11. APPLICABLE LAW AND DISPUTES

The present General Sales Conditions, the Contract and, in general, the relations between the Seller and VirtualExpo are governed by French law.

Prior to any legal recourse, negotiation in a spirit of good faith shall be privileged with the aim of reaching an amicable agreement in the event of any dispute relating to the Contract, including its validity.

If no amicable agreement is reached within one (1) month of one of the parties receiving written referral of the matter, each party shall regain its full freedom of action and right to appeal to a judge. Only the French courts within the jurisdiction of VirtualExpo’s headquarters will be competent.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.

Related articles

See all articles
Image [Manufacturers] General Sales Conditions (July 1st, 2022)
Online Exhibition - General Sales Conditions

[Manufacturers] General Sales Conditions (July 1st, 2022)

Image [Distributors] General Sales Conditions (July 1st, 2022)
Online Exhibition - General Sales Conditions

[Distributors] General Sales Conditions (July 1st, 2022)

Image [Manufacturers] General Sales Conditions (from July 7th, 2020 to June 30th, 2022)
Online Exhibition - General Sales Conditions

[Manufacturers] General Sales Conditions (from July 7th, 2020 to June 30th, 2022)