The purpose of these "General Conditions of Use and Sales" is to define the legal framework of the terms of availability of the services of the SKILLTER website, their conditions of use and their use by the "User". The general conditions of use and sales must be accepted by all Users who wish to access the site. They constitute the "Mandate" Proxy contract between the Platform and the User. Access to the Platform by the User signifies their express and unreserved acceptance of these general conditions of use and sales. In case of the non-acceptance of the general conditions of use and sales stipulated in this Mandate, the User must renounce access to the Services offered by the Platform. SKILLTER reserves the right to unilaterally and at any time modify the content of these general conditions of use and sales.
ARTICLE 2: Legal information
Publication of the SKILLTER website is provided by MAFYS US INC (NVID) NV2015147413 whose head office is located at 6130 West Flamingo Road PMB 4046 LAS VEGAS NV 89103.
The SKILLTER.com website is hosted by OVH - 2 rue Kellermann - 59100 Roubaix - France
ARTICLE 3: Definitions
The purpose of this clause is to define the various terms that are essential for the Proxy: User and The User: these terms designate any person who uses the website or one of the Services offered by the Platform. User content: these are the data transferred by the User on the Platform site. Member: the User becomes a member when they are identified on the Platform site. Login and password: the set of information necessary for the identification of a User on the Platform site. The login and password enable the User to access the Services reserved for members of the Platform site. The password is private and known only to the User and used under their sole responsibility.
ARTICLE 4: Access to the Services
The Platform site gives the User free access to the following services: - Informational articles; - Classified advertisements; - Contacts with sellers; - Publication of comments / personal works; the Platform site is accessible free of charge in any place to any User who has access to the internet. All costs borne by the User to access the service (computer hardware, software, internet connection, etc.) are at the User's expense. Non-member users do not have access to the Services reserved for members. To access their account, Users must identify themselves with their login and password. The Platform site deploys all the means available to it to ensure quality access to its Services. This is an obligation of means only. The Platform site is not committed to fulfilling this result. Any event due to a case of force majeure in the widest sense possible and leading to a network or server malfunction does not engage the liability of the Platform site. Access to the Services of the Platform site can at any time be interrupted, suspended or modified without prior notice for maintenance or for any other reason. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract for any reason whatsoever, even if these incidents should prevent the User from acquiring the vehicle they have chosen. The User has the possibility to contact the Platform site via email to the address "Following email":
ARTICLE 5: Services the Platform offers the user
Any User who wishes to load the Services Platform must first accept the General Conditions of Sale and the General Conditions of Use by ticking the two boxes provided for this purpose and must also register on the Platform site by creating their own account (to do so, follow the instructions on line).
ARTICLE 5.5: Extensive proxy mandate (non-exhaustive list of services).
ARTICLE 6: Substitution
The SKILLTER platform has the faculty to delegate all or part of the services entrusted by the User to any physical or legal person presenting sufficient professional and moral guarantees. This condition is expressly accepted by the customer.
ARTICLE 7: Electronic communications
When the User visits the Platform site and uses its services or sends it email, they communicate with the Platform by electronic means. In the same way, the User consents to receiving messages from the Platform via electronic means. The Platform will communicate with the User by email or by publishing notifications on the Platform site. The User accepts that, to the extent allowed by applicable law, the computer archives, digital files and electronic communications stored on the Platform's computer systems are considered as proof of the relations and communications between the Platform and the User in the context of the execution of the entrusted Services. Consequently, these elements constitute proof and, if they are produced by the Platform as elements of proof in the context of any legal proceedings, they will be admissible, valid and enforceable to the parties in the same way, according to the same conditions and with the same probative value as any document that can be established, received or saved in writing.
ARTICLE 8: Costs and Expenses of Services
The Platform's Services are executed either by the Platform itself or by service providers selected by it or by the User. The Services can be executed for a fee indicated in the estimate. Regarding costs both for management and the services executed by the Platform, rates will vary from a fixed amount for vehicles under USD 20K to 2% of the value of the vehicles for vehicles over USD 500K. These rates will be kept up to date in the estimates. For other Services, each service provider will communicate their rates to the Platform. The Platform will inform the User directly. The estimates provide for indicative purposes only the current rates for each "standard" Service. The Platform will indicate the cost for special requests to the User on an ad hoc basis. No specific Service will be executed without the User's express agreement via their personal account. Any discount granted by a seller on the sales price of a vehicle following steps taken by the Platform will be shared by halves between the User and the Platform. In this case, the Platform will recover the amount of the said discount directly from the seller and will send half to the User as soon as possible.
ARTICLE 9: Vehicle payment and deposit payment
It is recalled that the User directly pays the American seller or our American partner for the acquisition of the vehicle. Payment for the services mentioned in the estimate will be made in euros directly into a bank account in France. If necessary, the Platform will assist the User with this procedure.
ARTICLE 10: Intellectual property
The brands, logos, marks and any other content of the site are protected by the Intellectual Property Code, notably for copyrights. The User will solicit the prior authorization of the Platform for any reproduction, publication or copy of various content. The User undertakes to use the content of the site strictly for private purposes. Any use of the content for commercial purposes is strictly prohibited. All content placed on line by the User is done so under their sole responsibility. The User undertakes not to publish on line any content that may infringe on the interests of third persons. Any legal recourse undertaken by a third party against the site will be taken in charge by the User. The User's content may at any time and for any reason by deleted or modified by the Platform. The User will receive no prior justification or notification for the deletion or modification of the User's content or their account.
ARTICLE 11: Personal data, Storage, Password - Security
The information requested when subscribing to the Platform is necessary and mandatory for the creation of the User's account. In particular, the electronic address may be used by the Platform for the administration, management and operation of the service. The site ensures Users that personal data is collected and treated in respect of privacy in compliance with law No. 78-17 of January 6, 1978 on information technology, files and freedom. By virtue of articles 39 and 40 of the law of January 6, 1978, the User has a right of access, rectification, deletion and opposition with respect to their personal data. The User may exercise this right by email sent to [email protected] Subscription to the Platform is only authorized for physical persons with the capacity to perform legal acts under the law applicable in their country of residence. When subscribing to the Platform, the User declares to be at least 18 years of age and to have the legal right to accept these General Conditions of Sales and Use. The User is responsible for all the acts (including purchases and payments concerning the Service) and omissions of their children under the age of 18 if they use the Platform Site. It is the User's responsibility to log off the Platform when they leave their computer, tablet or any other connected device. To subscribe, the User will be requested to provide certain information. The User undertakes to provide up-to-date, exact and complete information about themselves when they subscribe to the Platform site and to correct them later if they become obsolete or out of date. In case of the non-respect of this obligation, the Platform reserves the right to suspend and/or close the User's account and to refuse them access to the Site. The User must also provide an available username, an email address (or telephone number if necessary), as well as a password associated with the username, which will enable them to identify themselves and access the Service and their User account. The User must also indicate their country of residence. The User undertakes not to subscribe with a username that infringes on the rights of a third party. In particular, the User undertakes not to use a username that infringes on copyrights, trademark rights, corporate names, business names and/or logos of third parties. The User's name and password are strictly personal. The responsibility to preserve the confidentiality of their username and password are their entire responsibility. They alone are authorized to use the Platform and their account with their username and password and undertake not to enable access to their user account to any other person. In case of the use of a username and password, it is presumed that it is the User in person who is accessing the Platform. If the User learns that a third party succeeds in accessing their User account, they undertake to immediately modify their password and to inform the Platform by email sent to the following address: [email protected]
ARTICLE 12: Liability and force majeure
The sources of information published on the site are deemed to be reliable. Nevertheless, the site does not guarantee the reliability of the sources. The information given on the site is purely informative. Thus, the User alone assumes full responsibility for the use of the information and content of this Platform site. The User must ensure that their password is kept secret. Any disclosure of the password, under any form, is prohibited. The User assumes the risks related to the use of their login and password. The site declines any responsibility. Any use of the Platform by the User that directly or indirectly leads to damages must be compensated for the benefit of the site. An optimal guarantee of the security and confidentiality of the data transmitted is not ensured by the Platform site. Nevertheless, the Platform site undertakes to implement all the means necessary in order to best guarantee the security and privacy of the data. The responsibility of the Platform site cannot be engaged in cases of force majeure or due to the unforeseen or unavoidable act of a third party.
ARTICLE 13: Hypertext links
Numerous outgoing hypertext links are present on the Platform site, nevertheless the web pages to which these links lead in no way engage the responsibility of the Platform, which has no control over these links. The User undertakes not to engage the responsibility of the Platform site concerning the content and resources relative to these outgoing hypertext links.
ARTICLE 14: Evolution of the contract
The Platform reserves the right to modify at any time the clauses stipulated in this Proxy contract (Mandate).
ARTICLE 15: Duration
The duration of this contract is subordinate to the duration necessary for the definitive completion of the various Services entrusted to the Platform by the User. The contract produces its effects with respect to the User from the time of the creation and use of the User's private account on the Platform site.
ARTICLE 16: Withdrawal
Users can terminate their use of the Platform at any time and without prior notice by closing their User account. If the User closes their User account, they cannot recover the content, elements or other data previously generated and downloaded via the Platform. The Platform can block or close the User account, suspend access and/or definitively exclude the User from the site if the User violates any of the provisions of the General Conditions of Sales or Use.
ARTICLE 17: Warranty and After-sales Service
The responsibility of the Platform cannot be engaged. It is expressly recalled that the Platform site is not the seller, as is recognized by the User, and consequently the Platform cannot assume a warranty or after-sales service concerning the vehicles purchased. Only the sellers can assume an after-sales service warranty when it is expressly indicated by the seller in the purchase documents. In this case, it is the User's responsibility to enter into direct contact with the seller. The Platform must be notified of any difficulty with a seller in order to avoid dealing with them in the future.
ARTICLE 18: Cancellation of your purchase
It is impossible to cancel your purchase except under the following circumstances: non-availability of the vehicle, non-compliance of the vehicle with the description of the advertisement or for any cause related to the seller's exclusive responsibility. For any other reason due to the decision of the User (purchaser), the management costs and other expenses for the Platform for logistics, transport, container reservation, and generally all the expenses for any action undertaken concerning the Services entrusted and engaged by the Platform will be definitively lost.
Article 19: Liability
It is recalled that the Platform operates as the User's Proxy and for this reason the Platform is a totally transparent legal entity and executes the services on behalf of the Principal, the User. The Platform can in no case be considered as an intermediary. The Services of the Platform are considered to be perfectly executed and completed when all the provisions relative to the Services have been executed.
It is expressly recalled that SKILLTER can in no case be held responsible for any delays in cases of force majeure.
In application of paragraph 1 of article 1218 of the Civil Code, contractual force majeure consists of an event that is beyond the control of the obligor that could not be reasonably foreseen during the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, preventing the execution of their obligation by the obligor.
If the hindrance is temporary, execution is suspended, unless the resulting delay justifies the termination of the contract.
ARTICLE 20: Dispute - Arbitration
In case of a dispute concerning the interpretation and/or execution of this contract, the parties agree that, prior to any other claim, they shall seek the best solutions among themselves. In case of failure, they undertake to submit their dispute to the competent court as a last resort.