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General conditions

GENERAL CONDITIONS OF SALE AND USE

ARTICLE 1: Object

These "General Conditions of Sale and Use" aim to define the legal framework for the means to make missions available on the SKILLTER website, their conditions of use and their use by the "User". The general terms and conditions for use and sales must be accepted by all Users wishing to access the website. They constitute the contract for Power of Attorney "Mandate" between the Platform and the User. Access by the User to the Platform implies express and unreserved acceptance of these general conditions of use and sale. In the event of non-acceptance of the general conditions of use and sale, set out in this Mandate, the User must waive access to the Missions proposed by the Platform. SKILLTER reserves the right to unilaterally change, and at any time, the content of these general terms and conditions of use and sale.

ARTICLE 2: Legal Notices

The SKILLTER website is operated by MOTORCORP whose head office is located at 1 place Paul Verlaine - 92100 Boulogne Billancourt - France

The SKILLTER website is hosted by OVH - 2 rue Kellermann - 59100 Roubaix - France

ARTICLE 3: Definitions

The present clause aims to define the key terms for the Power of Attorney: User and The User: these terms mean any person who uses the website or one of the Missions proposed by the platform. User Content: this is data transmitted by the user within the Platform website. Member: the User becomes a member when he is identified on the Platform website. Username and password: this is all the information needed to identify a User on the Platform website. The username and password allow the User access to the Missions reserved for members of the Platform website. The password is confidential, known only to the User, and is under his sole responsibility.

ARTICLE 4: Access to Missions

The Platform website allows the user to access the following services free of charge: - Information articles; - Classified ads; - Contact with sellers; - Publication of comments / personal work; The Platform website is accessible free of charge in any location to any User having an access to Internet. All costs borne by the User to access the service (computer hardware, software, Internet connection, etc.) are at his expense. A non-member user cannot access Missions reserved for members. To access his account, the User must login with his username and password. The Platform website uses all the means at its disposal to provide quality access to its Missions. Since the only requirement is the means, the Platform website does not undertake to achieve this result. Any event due to a case of force majeure, in the broadest sense of the term, resulting in any network or server function will not incur the liability of the Platform website. Access to the MIssions on the Platform website can, at any moment, be subject to an interruption, a suspension or a modification, without prior notice, for maintenance or any other reason. The User agrees not to claim any compensation following the interruption, suspension or a modification to this contract, for any reason whatsoever, even if these incidents were to prevent the User from purchasing the vehicle he had chosen. The User has the possibility of contacting the Platform Website by email at the address "Mail suivante:".

ARTICLE 5: Missions the Platform proposes to the user

Any User wishing to load the Missions Platform must, on one hand, accept the General Conditions of Sales and Use by ticking the two boxes provided for this purpose, and on the other hand, register on the Platform website by creating his own account (to do this, follow the on-line instructions).

ARTICLE 5.5: Broad mandate for power of attorney (non-exhaustive list of Missions).

The User (principal) hereby gives a broad mandate to the SKILLTER platform (agent). The SKILLTER Platform, who accepts, in order to perform the following missions: Missions of a general scope: - The Platform allows and / or facilitates, within the framework of missions which are entrusted to him by the User, the organisation, transportation and importation of the desired vehicle from the USA through the intervention of specialized service providers as acknowledged by the User. - The home delivery or a delivery to any other location should be the subject of a specific request from the User to the Platform. - Any mission and assistance within the capability of the Platform in the context of fulfilling the Missions which are entrusted to him as part of the Power of Attorney Mandate, the subject matter hereof... - The Platform sends the Users all the documents that the American sellers and service providers have sent to him as part of the purchase and transport operations. Customs clearance documents will be given by the freight forwarders at the destination port. Any User, asking the Platform to take charge of one or more mission through this power of attorney contract (Mandate), undertakes to pay particular attention to the content of the ad concerning the vehicle he wishes to purchase and have transported, such that the platform is never brought into question with regard the selection of the said article. The platform is never involved in this selection. In the case where the User asks the Platform for an opinion, the response from the latter does not commit the said Platform. Only a response from an Expert duly requested may be taken into consideration, which shall be the sole responsibility of the Expert. In the case where a check is required by the User, or recommended by the Platform, the latter shall indicate to the User, all the steps to be taken as well as the costs and payment terms. If the User wants to entrust the Platform with this mission, he must specifically express this through the account he has created on the Platform, and expressly agree to the conditions. The Platform will send the User a non-exhaustive list of experts for the purpose of conducting this check. The User shall indicate his choice to the Platform through his account. The Platform may also, at the request of the User, ask a service provider to handle both the registration of the vehicle and its homologation. These services will be paid directly to the service providers by the User. The Platform, only used to establish contact, shall under no circumstances be held liable for any difficulty that may arise with respect to the non-completion of the said services. The costs given are for information purposes only, and are by no means contractual. Once all the conditions are duly met by the User for the execution of this mission, the Platform will undertake to have it executed. The inspection file usually comprising: (depending on Experts and/or specific requests from the User): Photos, to get a better appreciation of the condition of the vehicle, whose number shall vary depending on the vehicle and the User’s wishes. The User can ask for a video from the Experts, so as to better assess the condition of the vehicle. A report shall be prepared by the Expert and sent to the User upon receipt by the Platform. After reading this report, the User will decide, with full knowledge, the action he intends to take with regards this purchase. It should be reminded that a vehicle which may be one or several decades old cannot be considered as new, and depending on its asking price, the User should anticipate restoration work depending on what he wants to do with it in the future. The lower the purchase price with respect to the price for the same model in a "restored vehicle" condition, the higher the restoration budget will be for the purchase. The User can never contest a problem with the quality of the vehicle to try to engage the responsibility of the Platform, for any reason whatsoever. The User retains the sole responsibility for his own choices and decisions. The Platform remains totally transparent in all missions entrusted to it by its Principal and in the choice of the said vehicle, and that the final purchase decision comes solely from the user. The Platform will inform the User about the procedure to follow to pay the vehicle directly to the seller. Likewise, for the payment of any deposit which may be requested by the latter, the User expressly commits to the Platform to carry out all the instructions that are sent to him and requested through the site, so that the Platform is never at odds with the sellers and/or service providers selected by himself to carry out the various tasks and/or Missions required to complete his purchase. Furthermore, within the framework of the missions, if the Platform is asked by the User to give his opinion on the vehicle chosen by himself, this will be for information purposes only and not an assessment. Only the use of an "Expert" chosen by the User can be considered as an official opinion, only legally binding the said Expert. The Platform only supplies a non-exhaustive list of experts at the request of the User. The User is entirely free to choose. The Missions proposed by the Platform only aim to provide a maximum number of facilities and comfort to Users in their wish to purchase a vehicle from the USA. By giving the Platform the responsibility for one or several missions, the User accepts without reservations the present General Conditions of Sales and Use, as well as the Platform confidentiality policy. The user declares that he has read and accepts all of the General Conditions of Sales and Use.

ARTICLE 6: Substitution

The SKILLTER platform is free to delegate, any or part of the missions entrusted by the User to any natural of legal person providing sufficient professional and moral guarantees. This condition is expressly accepted by the customer.

ARTICLE 7: Electronic communications

When the User visits the Platform Website, and uses the services or sends emails, he communicates with the Platform electronically. Likewise, the User agrees to receive messages from the Platform electronically. The Platform shall communicate with the User by email or by publishing notifications on the Platform website. The User accepts that, to the extent permitted by the governing law, IT archives, digital files and electronic communications stored on the Platform IT systems shall be considered as proof of the relationship and communications between the Platform and the User within the framework of executing the entrusted Missions. Consequently, these elements constitute proof and, if they are produced by the Platform as evidence within the framework of any procedure, shall be admissible, valid and enforceable to parties in the same manner, in accordance with the same conditions and with the same probative force as any document prepared, received or recorded in writing.

ARTICLE 8: Cost and Mission Fees

The Platform Missions shall be executed either by the Platform itself or by service providers chosen by the Platform or the User. The Missions can be executed at the cost indicated in the quote. With regards costs relating to both management and missions executed by the Platform, the rates vary from a fixed sum for vehicles costing less than 20,000 USD to 2% of the value of vehicles, for vehicles costing more than 500,000 USD. These rates will be kept up to date in the quotes. For other Missions, each service provider will send his rates to the Platform. The Platform will notify the User directly. The quotes give, for information purposes only, the current rates for "standard" Missions, for specific requests, the Platform will indicate the cost to the User on an adhoc basis. No specific mission shall be carried out without the express agreement of the User via his personal account. Any discount granted by a seller, on the sales price of a vehicle, following an action taken by the Platform, will be shared by half between the User and the Platform. In such a situation, the Platform will collect the amount of the said discount directly from the seller, and send half of it to the User at the earliest opportunity.

ARTICLE 9: Vehicle Payment and payment of a deposit

It is reminded that the User pays the American seller directly for the acquisition of the vehicle or our American partner. The payment of service costs mentioned in the quote will be made directly to a bank account in France and in Euros. The Platform will help the User with these procedures, if necessary.

ARTICLE 10: Intellectual property

Brands, logos, signs and any other website content are protected by the French Intellectual Property Code and more specifically, by copyrights. The User requests prior authorization from the Platform for any reproduction, publication or copy of the different contents. The User undertakes to use the content of the website in a purely private context. The use of contents for commercial purposes is strictly prohibited. Any content made available on-line by the User is under his sole responsibility. The User undertakes not to publish content that may prejudice the interests of third parties. Any legal action undertaken by an aggrieved third party against the Website will be borne by the User. The User content can be deleted or modified by the Platform, at any time and for any reason. The User receives no justification or notification prior to the deletion or modification of User content or his account.

ARTICLE 11: Personal data, Registration, Password - Security.

The information requested at registration on the Platform website are necessary and mandatory for the creation of the User account. In particular, the electronic address may be used by the Platform for the administration, management and coordination of the service. The website ensures a French User the collection and use of personal information relating to privacy in accordance with the provisions of the French Law n°78-17 dated January 6, 1978 relating to Information Technology, Data Files and Civil Liberties. Under articles 39 and 40 of the French Law of January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data. The User can exercise this right by mail at contact@skillter.com. Registration on the platform is only permitted for natural persons having the capacity to perform legal acts in terms of the law applicable in their country of residence. In return for his registration on the platform, the User declares that he is at least 18 years old, and has the legal right to accept the present General Conditions of Sale and Use. Users are responsible for all acts (including purchase and payments relating to the Service) and the omission of their children under 18 years of age if they use the Platform Website. It is the responsibility of the User to log out from the Platform as soon as he leaves his computer, his tablet or any other connected mobile device. To register, the User will be asked to provide some information. The User undertakes to provide current, accurate and complete information about himself when he registers on the Platform website and subsequently correct them if they are obsolete or no longer up to date. In the event of non-compliance with this obligation, the Platform reserves the right to suspend and/or close the User account and refuse him access to the Website. The User must provide an available username, an email address (or a telephone number if necessary), and a password associated with the username which will allow him to login and access the Service and his User account. The User must also indicate his country of residence. The User undertakes not to register with a username infringing the rights of a third party. In particular, the User undertakes not to use a username that infringes copyrights, trademark rights, corporate names, commercial names and/or logos of third parties. The Username and password are strictly personal. The user assumes full responsibility to maintain the confidentiality of his username and password. He alone is authorized to use the Platform and his account using his username and password and undertakes not to provide access to his User account to another person. If the username and password is used, it is assumed that it is the User himself who is accessing the Platform and using it. If the User has knowledge that a third party has managed to access his User account, he undertakes to change his password immediately and inform the Platform by email at the following address: contact@skillter.com

ARTICLE 12: Responsibility and force majeure

The sources of information published on the website are deemed reliable. However, the website reserves the faculty of a non-guarantee of the reliability of sources. Information provided on the website is for information purposes only. As such, the User assumes sole and full responsibility for the use of information and contents of the present Platform website. The user promises to keep his password secret. Any disclosure of a password, regardless of its form, is prohibited. The user assumes the risks related to the use of his username and password. The website declines all responsibility. Any use of the Platform website by the User which directly or indirectly results in damage must be the subject of compensation for the benefit of the website. An optimal guarantee of the security and confidentiality of transmitted data is not ensured by the Platform website. However, the Platform website is committed to implementing all necessary means to best guarantee the security and confidentiality of data. The Platform website cannot be held liable in the case of force majeure or the unpredictable and insurmountable act of a third party.

ARTICLE 13: Hypertext links

Many outgoing hypertext links are present on the Platform website, however the web pages where these links lead to do not engage the responsibility of the Platform which does not have control of these links. The User is therefore prohibited to engage the responsibility of the Platform website concerning the content and the resources relating to these outgoing hypertext links.

ARTICLE 14: Changes to the contract

The Platform reserves the right at any time to modify the clauses stipulated in this Power of attorney contract (Mandate).

ARTICLE 15: Duration

The duration of this contract depends on the length of time required for the final completion of the different Missions entrusted by the User to the Platform. The contract has effect, with respect to the User, from the creation and use of the private account of the Platform website User.

ARTICLE 16: Termination

The user may terminate the use of the Platform at any moment and without notice, by closing his User account. It the user closes his User account, he will not be able to recover its contents, elements and any other data previously downloaded and generated by the Platform. The Platform can block or close the User account, suspend its access and/or definitively exclude the User from the website if he violates any one of the clauses of the General Conditions of Sale or Use.

ARTICLE 17: Guarantee and After Sales Service

The Platform cannot assume any responsibility whatsoever. It is expressly reminded, that the Platform website is not by seller, as acknowledged by the User, therefore the Platform cannot provide a warranty or an after-sales service for purchased vehicles. Only sellers can provide a guarantee of after-sales services once this is expressly indicated by the seller in the purchase documents. In this case, it is up to the User to contact the seller directly. The Platform must be notified of any difficulties with a seller so as not to do business with him again.

ARTICLE 18: CANCELLATION OF YOUR PURCHASE

It is not possible to cancel your purchase, except in the following cases: Non-availability of the vehicle, vehicle does not comply with the ad description or for any causes which are the sole responsibility of the seller. For any other reason decided upon by the User (purchaser), management fees and other Platform, logistics, transport, container reservation costs, and in general, all costs pertaining to any action undertaken for the entrusted Missions and undertaken by the Platform will be irrevocably lost.

ARTICLE 19: Responsibility

It should be reminded that the Platform acts as the Agent for the User, and as such the Platform is a completely transparent legal person, and executes the mission for the account of the Principal, the User. The Platform cannot, under any circumstances, be considered as a middleman. The Platform Missions are deemed to be perfectly executed and completed as soon as all the directives relating to the Missions have been executed.

ARTICLE 20: Dispute - Arbitration

In case of a dispute regarding the interpretation and/or the execution of the present General Conditions, the parties agree that, prior to any action or claim, they undertake to seek the best solution together. In the absence of a solution, they undertake to submit their disputes to the competent court as a last resort.

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