The present version of the General Sales Conditions, updated in July 2020, is applicable for all contracts signed after July 7, 2020. For invoices issued before July 7, 2020, you can directly view the corresponding version of the General Sales Conditions in your invoice.
VirtualExpo operates various websites allowing listed Sellers to present their business, Products and Articles to Potential Buyers.
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
- Article 2. APPLICATION OF THE GENERAL SALES CONDITIONS – CONCLUSION OF THE CONTRACT
- Article 3. WEBSITE AND SERVICES
- Article 4. CREATING AN ACCOUNT – SIGNING UP FOR A SUBSCRIPTION OR SERVICES – PRICE AND PAYMENT
- Article 5. DURATION AND TERMINATION OF THE CONTRACT
- Article 6. THE SELLER’S OBLIGATIONS
- Article 7. VIRTUALEXPO’S OBLIGATIONS AND RESPONSIBILITIES
- Article 8. INTELLECTUAL PROPERTY
- Article 9. PERSONAL DATA
- Article 10. GENERAL PROVISIONS
- Article 11. APPLICABLE LAW AND DISPUTES
Article 1. DEFINITIONS
“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.
“Potential Buyer”: refers to any person, professional or consumer, who accesses and browses the Website.
“Prospect”: refers to any Potential Buyer who has identified himself or herself on our Websites.
“Seller”: refers to any professional listed on the Website and/or any advertiser 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.
“Subscribing Seller”: refers to any Seller who has signed up for a subscription in accordance with the General Sales Conditions.
“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.
“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 SmartBlogs, which are accessible through the following URLs: http://smartblog.archiexpo.com/fr/, http://smartblog.directindustry.com/fr/, http://smartblog.nauticexpo.com/fr/, http://smartblog.medicalexpo.com/fr/, http://smartblog.aeroexpo.online/fr/, http://smartblog.agriexpo.online/fr/ or upon request to VirtualExpo.
Article 3. WEBSITE AND SERVICES
The purpose of the Website(s) is to present the Sellers’ Products and Articles 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 Seller’s Articles and Products 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
VirtualExpo may list the Seller’s Articles and Products on one or more Websites, depending on the data provided by the Seller to VirtualExpo or publicly available on the Internet.
The choice of the Website(s) on which the Seller’s Articles and Products are listed is made by VirtualExpo and depends on the Seller’s business field, which must correspond with the editorial scope of the Website in question, the nomenclature or possible classification of the Product and the language the Articles are translated into.
VirtualExpo may, at its discretion, translate the Seller’s Articles into other languages to display such Articles and related Products on the Website in different languages.
VirtualExpo will communicate to the Subscribing Seller the requests addressed to the Seller by Potential Buyers or the contact details of the Potential Buyers who have visited the Seller’s stand. The communication of these details is subject to the Seller’s undertaking to comply with the applicable regulations, in particular as regards personal data.
3.2 Services offered to Subscribing Sellers or advertisers (“Paid Services”)
STAND OFFER (Subscription): The subscription allows the Seller to have a company profile page on the Website mentioned in the Order.
This profile page may include, as a general model, all or some of the following elements: the brand logo, content about the Seller, Products and Articles (depending in particular on the elements provided by the Seller), and buttons enabling contact between the Seller and Potential Buyers for information requests (quotes, prices, etc.).
Subject to prior subscription to the STAND OFFER, the Subscribing Seller may take out other Services allowing:
- The highlighting of content on the Website (for example, as a general model, highlighting Products, news and trends or projects on the dedicated sections of the Website home page, the search results page or in newsletters sent by VirtualExpo to Potential Buyers);
- The distribution of the Seller’s marketing messages on advertising space on the Website or in newsletters sent by VirtualExpo to Potential Buyers with the layout determined by VirtualExpo;
- Sending newsletters to Potential Buyers likely to be interested in the Seller or the Seller’s Products, according to the editorial calender determined by VirtualExpo;
- The highlighting of the brand logo above the footer on the homepage of the Website(s);
- The verification of leads received by the Seller (Service valid for a maximum of 75 verified leads over a 12-month period).
Occasional Paid Services: VirtualExpo also offers the following services to Sellers, whether they have subscribed to a STAND OFFER or not:
- The acquisition of advertising space in e-magazines (or associated newsletters) sent by VirtualExpo to Potential Buyers, according to the editorial calendar determined by VirtualExpo;
- Sending a marketing email exclusive to the Seller to targeted Potential Buyers by VirtualExpo.
3.3 Specific conditions applicable to certain Services
The Sellerr accepts and acknowledges that the Services may only be provided by VirtualExpo if the Seller complies with a certain number of prerequisites and recommendations communicated by VirtualExpo, in particular concerning the supply of content by the Seller to VirtualExpo (format, deadlines, quality, etc.) and the specific conditions provided below.
3.3.1. Dedicated email marketing campaign:
The following must be provided: The Seller agrees to provide everything required in order for the service to be carried out effectively on schedule, in particular, the following are absolutely essential:
- the goal of the email marketing campaign: a few words describing the main goal of the campaign (for example, highlighting a special product offer or discount, announcing a trade show or event attendance to encourage the visitor to attend or come by the Seller’s stand, etc.)
- the email address of the person from the Seller’s team who will be VirtualExpo’s production team’s primary contact.
For campaign graphics:
- The Seller’s logo (.eps, .ai or .svg) and high-definition images (.gif or .jpeg), 500 kB maximum and at least 600 pixels wide.
- The font to be used in the image:the typography desired by the Seller. For a specific font, the Seller must provide the files allowing VirtualExpo to complete the Service. For optimal readability, the Seller should favor system typography in the HTML code.
- The descriptive text to be used in the body of the email (maximum 50 words).
- Complete information on the Product(s) highlighted in the campaign (press kit, press releases, product description, newspaper/magazine articles, etc.)
- Potential Buyer redirection URL (by default, if the Seller doesn’t provide a URL VirtualExpo we will create a generic landing page.) We can include UTM or any other type of tracking, but not javascript.
- Subjet/title of the email: 60 characters maximum.
- Pre-header text: 50 characters maximum.
- Baseline/signature: 15-20 words maximum.
Any text or document supplied for the creation of the campaign must be in English or French. Any order that must be handled in a language other than French or English will require an additional week, as well as additional charges (translation of the texts and documents into the working language of the production team).
Date and deadlines: The exact date the marketing email will be sent must be indicated. If when providing the required elements the Seller does not supply the exact sending date of the “targeted email” campaign, VirtualExpo cannot begin work (graphics, editing, HTML, etc.). In this case, VirtualExpo will by default propose a date according to the calendar and the available targeted categories when the order is received.
The Seller must supply all the necessary material 21 working days before the email campaign date. Each day’s delay will result in an equivalent delay in the actual sending date subject to the schedule and targeted categories available at the time of sending. Similarly, the delays taken by the Seller in responding to requests for validation of the mock-up or requests for revision of the mock-up will delay the date on which the campaign will be sent out.
It is possible to change the scheduled email date. However, the new date will be determined according to VirtualExpo’s overall emailing campaign schedule, the production team’s work load and the availability of targeted categories.
VirtualExpo tries to keep marketing pressure on the VirtualExpo database at a reasonable level to ensure the Seller an effective campaign. VirtualExpo undertakes not to solicit the same Potential Buyer more than once a month with respect to a given category.
3.3.2. Advertising Campaigns:
Elements to be provided: the Seller may supply his/her own graphics (for example, advertising for the Website(s), newsletter(s) or e-magazine(s)) or his/her own video. However, all graphics or videos created by the Seller must be approved by the VirtualExpo graphics team. The team might request a modification to ensure compliance with the VirtualExpo graphics guide.
The VirtualExpo production team can also perform this Service subject to an Order.
The Seller thus undertakes to supply the necessary material 6 working days before the online display or publication date for website banners and 10 working days for e-magazine advertising, newsletter banners and videos, namely:
The text and graphics elements for the brief:
- The email address of the person from the Seller’s team who will be VirtualExpo’s production team’s primary contact
- The brand logo (.eps, .ai or .svg) and one or more high-definition images (.gif or .jpeg), 500 kB maximum.
- The font to be used: the typography desired by the Seller. For a specific font, the Seller must provide the files allowing VirtualExpo to complete the Service.
- Slogan/signature: 15-20 words maximum.
Conditions specific to e-magazine advertising or a newsletter banner:
- The Potential Buyer’s redirection URL: by default, if the Seller doesn’t provide a URL, it will be the Seller’s website homepage
- Issue choice: issue dates are set in advance for the entire current calendar year.
Specific conditions for website banners:
- Campaign start and end dates.
If the original campaign date is changed, the new date will be determined according to the overall availability of the required advertising space.
3.3.3. Dedicated email marketing campaign and advertising campaigns:
Sending details: All brief, text and graphics elements must be sent to the following address: assistantecommerciale@virtualexpo.com
Mock-up validation: VirtualExpo will send the mock-up to the Seller for approval. The price of the Service includes one revision of the mock-up (text, graphics). After the first revision (a single exchange between the Seller and the VirtualExpo production team), additional requests for text and/or image modification will be billed at 80 euros per revision (or at the current rate, if different). For “marketplace banners”, the Seller will have 72 hours to indicate desired modifications before the mock-up is automatically published online.
Statistical report: VirtualExpo will send a statistical report on the email marketing campaign in PDF format maximum 10 days after the campaign date including statistics on the launch, opening rate, reactivity and the areas of the message that were clicked.
The list of email addresses of those who clicked is supplied separately in CSV format. This includes message links other than technical links (online version and unsubscribe links). Information entered in other fields is supplied when available: contact name, company name, language and country.
The statistical report meets market standards: email arrival rate, open rate, reactivity rate, as well as the list of all of the people who showed interest in the email.
For advertising campaigns, statistics regarding each type of advertising campaign will be available in the Seller’s interface. In the case of e-magazine advertising, the list of Potential Buyers showing an interest in the campaign will be transmitted separately by email.
This statistical data is provided for information purposes only and is subject to the proper functioning and/or the absence of opposition to the use of the tracking techniques used.
Cancellation: Any cancellation request received less than 10 working days before the date scheduled for sending the marketing email or posting the online advertising will result in a penalty of 50% of the total amount due for the Service.
Article 4. CREATING AN ACCOUNT – SIGNING UP FOR A SUBSCRIPTION OR SERVICES – PRICE AND PAYMENT
4.1 Creating an account/accessing the interface
To benefit from certain Services, the Seller must have an account, created by VirtualExpo, in order to access the interface and manage his or her Articles, Products, Potential Buyers’ 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 (STAND OFFER) or place an order for occasional Paid Services. Otherwise, the Seller will only benefit from the Services available without a subscription.
The subscription (STAND 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 is payable in full with no discount on the date of subscription or renewal. The price of occasional Paid Services is payable 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. All of the Seller’s access to his or her account will be cut off. The Seller will be personally responsible for the recovery of his or her data if necessary.
Article 6. THE SELLER’S OBLIGATIONS
6.1 The Legality of Articles and Products
The Seller practices his or her professional activity under his or her own responsibility and guarantees that he or she meets all the applicable legal conditions allowing him or her to perform this activity, whether they concern the Seller or the Products.
The Seller is responsible for ensuring that the Articles and Products listed on the Website(s) comply with the regulations in force, in particular having all the necessary rights over these Articles and Products and ensuring that they do not affect the rights of third parties.
For example, and in a non-exhaustive manner, the Seller undertakes not to publish (or cause to be published) content defined as illegal by law, misleading, unfair, infringing on the personality rights of third parties, such as image, private life or the intellectual property rights of third parties.
Failing this, in particular in the event of a report of manifestly unlawful content, VirtualExpo reserves the right to remove any Article, Product or other content, or more generally the Seller’s entire stand, from the Website(s).
Furthermore, the distinction between each Product must be significant and correspond to major differences in terms of technology, application and/or material. If a Product does not respect this rule, VirtualExpo reserves the right to refuse to list it on the Website(s).
6.2 The Relationship with Potential Buyers
The Seller alone is responsible his or her obligations regarding his or her relationship with Potential Buyers with whom he or she has come into contact via the Website(s).
The Seller undertakes to handle the requests of Potential Buyers within a reasonable time and with diligence. Any complaint made by a Potential Buyer against an Seller may result in the temporary deactivation of requests received by email.
The Seller undertakes to comply with the provisions applicable to Potential Buyers’ personal data, in accordance with Article 9 of the General Sales Conditions.
The relationship between the Seller and the Potential Buyer, 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 Potential Buyer.
The Seller guarantees VirtualExpo against any action brought by a Potential Buyer 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 Potential Buyer, who perform their respective obligations under their own responsibility. The entire relationship between the Seller and the Potential Buyer, 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 Potential Buyer 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 Potential Buyers.
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 Potential Buyer 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 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 their Products, 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.
VirtualExpo also publishes content on the Website, including thematic e-magazines, accessible online on the Website.
For Services falling within the scope of Law 93-122 from 29 January 1993 (known as the Sapin Law), if the Contract is concluded between VirtualExpo and an intermediary appointed by a Seller within the meaning of Article 20 of this Law, the intermediary undertakes to inform VirtualExpo of the identity of the Seller on whose behalf he or she is acting. VirtualExpo may ask him or her to provide the mandate signed with the Seller. The intermediary is solely responsible for his or her relationship with the Seller, including defining the applicable conditions and prices, excluding any liability towards the Seller on VirtualExpo’s behalf.
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. Nonetheless, VirtualExpo guarantees to endeavor for optimal readability of our marketing emails on the most widely used interfaces and email servers. The templates are tested and updated regularly by VirtualExpo and VirtualExpo encourages the Seller to share any adjustment he or she might deem necessary.
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 contract 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:
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content from its database to another medium, by any means and in any form whatsoever;
- Reuse, by making all or a qualitatively or quantitatively substantial part of the database content available to the public, whatever the form;
- The reproduction, extraction or reuse, by any means, of the Articles and more generally of the content listed on the Website.
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 Potential Buyer’s Personal Data
VirtualExpo and the Seller each have the status of data controllers, responsible for separate and successive processing of the personal data of the Potential Buyers.
The collection and processing of data from Potential Buyers by VirtualExpo is governed by the privacy policy available on the Websites.
Potential Buyers’ data is communicated to the Seller for the purpose of responding to requests made by Potential Buyers to the Seller via the Website(s), and, where applicable, to communicate information to Potential Buyers.
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 Potential Buyer] 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 Potential Buyers.
HANDLE PROSPECTS IN ACCORDANCE WITH THE GENERAL DATA PROTECTION REGULATIONS (GDPR)
1. PROSPECTS “STAND” AND “SEARCH RESULTS PAGE”“Search Results Page Prospects” and “Stand Prospects” have provided some personal data (last name, first name, email address), but have not expressly consented to being contacted by the Seller.If Sellers wish to send them communications, they must first send them an email containing the following three elements in conformity with articles 13,14,21 and 22 of the GDPR:An explanation of the source of their contact details (our marketplace);A description of the subject matter and frequency of future communications;A button, link or replyto email address to easily refuse any further communication from the seller.If the Prospect does not refuse the Seller’s communications, future messages sent by the Seller must be specifically related to the Prospect’s initial research. |
2. PROSPECTS: “SEE PRICE OPTIONS”, “WHERE TO BUY”, “FIND A DISTRIBUTOR” AND “SEE CONTACT INFORMATION”These Prospects provided their personal data (last name, first name, email address) on the brand stand and have consented to these details being used so they can be contacted by Sellers (parent company, regional managers, distributors and brand agents).These Prospects clicked on a button on a stand to obtain the price of a product or the contact details of a Seller and have agreed to be contacted. Sellers can contact them within the next few days. |
3. REQUESTS: “PERSONALIZED QUOTE”, “PRICE OPTIONS”, “DOCUMENTATION”, “QUESTION”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 (parent company, regional managers, distributors and brand agents).The Prospects who send requests wish to be contacted quickly. Sellers are advised to respond directly to the request, without using the export file downloadable in the “My Results” interface, 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.