| General conditions and General conditions of sale |
|Date of last modification: 30/01/2009. |
The VIP TO VIP site is available to users subject to the acceptance of these GENERAL CONDITIONS and the GENERAL CONDITIONS OF SALE. Users declare that they have read, understood and accepted these conditions.
1. GENERAL CONDITIONS
VIP TO VIP is principally a site that connects private members with each other using a system of small advertisements, classified by category, which cover practically all needs encountered in everyday and professional life. The site also provides members with the possibility of choosing a permanent option to make these advertisements public (advertisements displayed to members and non-members: “Public advertisements” tab). In addition, VIP TO VIP offers surfers a range of professional advertisements which are to be found in a different location from the private advertisements.
Our aim is to use your active participation and your own contacts or personal or professional friends to ensure that you make the most of a worldwide site, which is fully and exclusively at your disposal.
You have the possibility of communicating in French or in English , or both if you wish. English will be available on the site from the start of 2009.
VIP TO VIP enables users to communicate, look for and sell items, seek information, buy, rent, exchange, request and so on:
- Member -> members only
- Member -> members and the public (“Public advertisements” tab)
- Member -> professionals
- Non-member -> consult advertisements that members have made public
- Non-member -> professionals
SECURITY AND DISCRETION
The section of the site that is available for use by members (private individuals or professionals) is secured and encrypted according to industry-standard 128 bit SSL in order to provide maximum security. You will not be able to see any of these actions.
Any business with other members or third parties must be finalised by yourselves, VIP to VIP will not take any responsibility and will not take any commission for these transactions.
VIP TO VIP is registered with the CNIL, the French data protection body, under authorisation No. 1296803.
In accordance with the Law on IT and Liberties (law no. 78-17 of 6th January 1978), we inform you that the collection of compulsory information is necessary to process your request.
You have the right to access, modify, rectify and remove any data that concerns you.
You may exercise this right:
- Either by writing to VIP TO VIP 2 rue de la violette F-55400 Mogeville FRANCE,
- Or by sending an e-mail to: « email@example.com »,
- Or by accessing your account directly.
Your personal data will not be communicated, lent, transferred or sold to anyone, except where a legal request is made. Internally, we will only use the strict minimum amount of data which is compulsory and necessary for administrative or accounting purposes. Your data is legally collected. Your data will not be made available to the public or any third party, except, however, for our technical service providers when they carry out operations on on our machines or programmes. These service providers are bound by the same confidentiality obligations as we are. To increase your security, you must keep your ID and passwords secret.
All online banking transactions are secured and we do not have access to your bank details for your online payments.
This site is hosted by OVH, which is recognised for its reliability, its availability, its professionalism and for the highest quality of its services.
By becoming a member of VIP TO VIP or by entering the site, whether you are a physical or moral person (private individual or professional), you promise that you will not reproduce, copy, circulate, publish or make public by any method, whether current or future, all or part of its content or programme and that you will not make public the names of any of its members, even if you enter into business with them via this site.
VIP TO VIP will never ask you for your bank details by e-mail and any messages that we do send you by e-mail will be strictly limited to service requirements or will be sent with your prior agreement.
DESCRIPTION OF THE ADVERTISEMENT SERVICE
In general terms, whether it be for private or professional advertisers, the principle is the following :
- Enter your advertisements using the pre-designed, easy to use forms.
- Your advertisements appear as a strip which you then click on to open up a window on a page.
- Advertisements are automatically classified by category and/or sub-category.
- Sort, search and localisation possibilities.
- PRIVATE MEMBERS
VIP TO VIP enables members, who have paid their subscription fees in full, to place advertisements which will then be published immediately on this site. Throughout the duration of your annual (or monthly, or weekly) subscription there are no restrictions on the quantity or category of the advertisements you place. To ensure that out-of-date advertisements do not remain online permanently, the default duration for the publication of an advertisement is set at 2 months. The advertisement disappears at the end of these 2 months, unless you re-publish it again before it expires. You will be sent a warning reminder by e-mail 1 week and 1 day before the advertisement expires. Through respect for other users and to ensure that you are not contacted unnecessarily, we will also ask you to remove any advertisements that are no longer valid.
Any surfers who are interested in an advertisement have a contact form that enables them to contact you without seeing your contact details. You remain incognito on the VIP TO VIP site (unless you write your contact details yourself inside your advertisements).
The advertisements are written by members under their own responsibility. In order to avoid any errors, you will be asked to check your advertisements before they are published.
Your advertisement will immediately be published online once it has been checked and validated. You may then modify, delete or extend it as you wish (even while it is still being published).
An adapted form is made available according to the category of your message. You can attach up to 6 photographs with the JPEG, GIF or PNG format, which readers will be able to enlarge by clicking on the photograph itself (however, only one photograph (of your face) is possible for the ‘meeting’ category, which must be “non- suggestive and without sexual connotation”). The size of each photograph must not exceed 300 Kb. VIP TO VIP will automatically remove any advertisements which are not in the correct location or which our members indicate as not conforming to these conditions, and a warning letter will consequently be sent out. Surfers have a search and sorting engine at their disposal. This engine is able to locate you geographically and calculate an itinerary. A currency conversion tool is also available, but only for estimation purposes (you must consult your bank for currency exchange rates).
The removal of an advertisement is definitive.
We do not keep any of the advertisements which are removed. This means that any advertisement which is removed by you, by us or by the electronic programme 2 months after publication cannot be the subject of a complaint, or be made available again,(or any other measure) if it has not been republished before its expiration date.
Your advertisements and invoices will be removed if you do not renew your registration before your account expires. We will send you a reminder e-mail 1 week before and then 1 day before the expiry date to renew your membership fee. If you do not renew this your account, your advertisements and your invoices will be removed by default with no additional reminder. You must then re-register again in full (as a new member).
- PROFESSIONAL MEMBER
Professionals, traders, artists and artisans who are duly registered may advertise on the VIP TO VIP site. All domains may be covered, except where specifically prohibited by these General Conditions. All domains may be covered, except where specifically prohibited by these General Conditions.
Advertisements will be placed in a separate « VIP PRO » category so that they can be freely accessed by members. Members may provide the details of professionals with whose service they are satisfied so that other members may become aware of them as a « contact » (this is equally true for luxury brands and local artisans) We will then offer this professional the opportunity of advertising on the site, stating that they were introduced to us by the member.
The advertisements which you are able to modify, change or remove are valid for one year.
You will receive a warning e-mail one week before and then one day before the expiry date of your account. This will be sent automatically so that you renew your membership fee. If the account validity date has expired, your account, your advertisements and your invoices will automatically be removed from the system without any additional reminder. You will then be required to re-register (as a new member).
Any professional who registers via our online registration forms may be a professional member
VIP TO VIP may refuse any new application or annual subscription renewal from any professional who has already contravened the conditions of the site (warning, temporary exclusion, etc.) or who has caused problems for our members, without us needing to justify our reasons. When several members complain about a specific professional, we will send this professional a warning letter.
Professionals must specify on their advertisements whether or not the price includes VAT, the amount or percentage of discount granted to members, the description of the goods being sold, the price of delivery and its zone limitations as well as delivery times. If they attach photographs to their advertisements these must be the exact representation of the goods for sale. The advertisements must only be placed in the category(ies) which have a direct relationship with the nature of the goods or service offered. VIP TO VIP will automatically remove any advertisements which are incorrectly placed or which our members indicate as not conforming to these conditions, a warning letter will then be sent out.
Surfers have a search and sorting engine at their disposal. This engine is able to locate you geographically and calculate an itinerary. A currency conversion tool is also available, but only for estimation purposes (you must consult your bank for currency exchange rates).
If you are paying by cheque or bank transfer, you may only advertise once we have been informed that the payment has been received in our account. We will then send you your secret code which will enable you to access the site.
You accept the rules governing distance selling and certify that if you present goods on this site which belong to another brand you have the authorisation from the owner of the said brand to show, sell and use the logo. You also certify that none of the goods present on this site are counterfeit. In this framework, we are prepared to cooperate with the legitimate owners of the brands if they make a justified request.
- REPEATED ADVERTISEMENTS BY PRIVATE INDIVIDUALS AND PROFESSIONALS
No advertisements may be repeated within the same category (same goods, same services, etc.). VIP TO VIP will automatically remove these advertisements and you will receive a warning. However, the same advertisement is acceptable in a different category, but one which has a direct relationship with the goods or services offered. Example: a miniature car model may be offered in both the "collectors" and "toys" category, but not in the “vehicle” category and there must be only 1 single copy of the advertisement
USERS SWEAR ON THEIR HONOUR
- To the veracity and accuracy of the information provided and/or advertised.
- To respect copyright, brand rights and patent law.
- To respect all intellectual property rights or manufacturing secrets.
- To not infringe any laws or regulations, including those governing export rules, unfair competition and consumer protection.
- To not provide any false advertising.
- To not be libellous or defamatory or make false statements.
VIP TO VIP, on the one hand, and you on the other are independent parties, with each acting in its own name and on its own behalf. It is expressly understood and agreed that VIP TO VIP, in exchange for the payment of an annual membership fee – or monthly or weekly - (by private individuals), and an annual fee – or monthly -(by professionals) grants its members advertising space over the course of a year, a month or a week. This space is your own personal space and is not the responsibility of VIP TO VIP.
Everything published on this site, from members, private individuals or professionals, is placed online under the sole responsibility of its respective authors.
Under no circumstances may VIP TO VIP be held responsible for the accuracy of any of its advertisements. Users are solely responsible for the text, sounds and/or images published. VIP TO VIP only provides a medium by which to advertise. Members promise to compensate VIP TO VIP for any prejudice it may suffer as a result and to provide a guarantee to VIP TO VIP against any action based on these assertions
VIP TO VIP will not intervene, under any circumstances, in any direct transactions between buyers and sellers
VIP TO VIP does not assume any responsibility for the quality, safety or legality of the articles listed; nor for the truth or accuracy of the advertisements published online; nor for the ability of buyers to buy or sellers to sell the said goods and services
VIP TO VIP reserves the right to simply refuse (without any need to state its reasons) a membership or an advertisement where the text, images, nature, presentation or spirit appear to be contrary to its commercial or moral interests, without any obligation other than to refund money paid.
Users promise to compensate, pay damages to and guarantee VIP TO VIP against any losses, complaints, lack of earnings, damages, costs and responsibility to which VIP TO VIP may be subject because of any complaint or action by a third person following the publication of an announcement that violates the rules contained in these General Conditions.
You accept to guarantee VIP TO VIP, its directors and employees against any demand or complaint made by a third party, caused by or resulting from a violation by you of these general conditions or a violation by you of any legal provisions or any rights of the aforementioned third party. This guarantee relates both to the principle of any damages and interest and to any legal costs.
These general conditions do not create any link relating to subordination, mandate, participating company, joint company, franchising/franchisee or employer/employee between VIP TO VIP and yourself.
SERVICES PROVIDED BY THIRD PARTIES
It is possible that private or professional members or surfers who enter the VIP TO VIP site may access it via links to third party products or services. In this case, these users must take note; they must understand and accept that by clicking on these links they may access the page of a third party. This page is not the responsibility of VIP TO VIP, even if this third party is a member of VIP TO VIP.
Any breach observed by a member or by VIP TO VIP; statements, written statements, sounds, acts or actions contrary to these General Conditions or their spirit may, depending on the circumstances or the gravity of the offence, lead to the following consequences for the member who is at fault :
- Suspension of the advertisement(s) and a warning.
- Definitive removal of the advertisement(s).
- Temporary exclusion of the member (this period is counted as part of their annual subscription).
- Definitive exclusion with no compensation for the remaining subscription that is not used.
- Potential legal proceedings.
Note: any failure to respect these conditions in relation to the “meeting” category within the site will lead to immediate removal and expulsion. This also applies to any failure to respect the "PROHIBITED ON THIS SITE" section of these General Conditions.
Removals, exclusions and/or expulsions result in a loss for the interested party alone and cannot be the subject of any refund, even partial, of any money paid. So, respect the rules.
PROHIBITED ON THIS SITE
Users are strictly prohibited from circulating, either directly or indirectly, any information, message, advertisement, photograph or advertising or sales proposal, regardless of its nature or form, which :
The following also applys:
- Constitutes a threat to a person or group.
- Is contrary to good morals or public order, or is pornographic, sexual or paedophilic in nature.
- Shows photographs of children, even in photographs which present goods or products.
- Is defamatory, insulting, racist, xenophobic, homophobic or revisionist, or which may damage someone else’s honour, probity or reputation.
- Encourages hatred or discrimination against a group of people or an individual person, regardless of their gender, due to their membership or non-membership of an ethnic group, a region of the world, a nation, a country, a state, a kingdom, a principality, a Sultanate, a race, a skin colour or a religion.
- May incite or encourage a person or group of people to commit suicide, to commit a crime, an offence or an infraction, to commit acts of terrorism, to attempt to recruit for sects, terrorist groups or groups which are involved in crime.
- Offer weapons, ammunition, explosive powders or liquids, including as spare parts or components (except for the “hunting” category for firearms and as long as specific legislation in this domain is respected to the letter).
- Offer toxic, harmful or radioactive liquid, gas or solid products.
- Offer anything that comes from a theft or is not the property of the advertiser.
- Offer tobacco, cigarettes or cigars.
- Enable third parties to obtain, directly or indirectly, pirated software, serial numbers of software enabling acts of piracy or intrusion into I.T and telecommunications systems, viruses, worms and logic bombs, i.e. in general, any tool or software or current or future resource that can harm the security of people and goods and may damage the rights of others.
- An absolute ban on discussing any political, religious, medical or military subjects: logos, symbols, images, sounds, comments, written statements, material, products, etc.
- An absolute ban on providing treatment, prescribing and/or selling medication, or providing an opinion and/or medical diagnosis, encouraging people to abandon treatment or stop any medical procedure, or encouraging or inviting them to take any substitute or complementary product or service.
USERS PROMISE TO :
- Respect brand rights.
- Respect the rights of people (image and private life).
- Respect copyright (sounds, images, software, programs, photographs).
- Respect the right of artists and database producers.
- Respect the rights of physical people in virtue of current legislation concerning personal data rights, particularly law No. 78-17 of 6 January 1978 relating to I.T, files and liberties.
- In general, respect all rights of goods and people.
- Accept, that by attaching photographs to advertisements, others may then find out their origin, their beliefs and their preferences and that you accept all direct and/or indirect consequences of this.
- Abandon any recourse against VIP TO VIP in the event of any proceedings launched against them by a third party because of their exploitation or illegal use of the site.
USERS’ PARTICIPATION IN RESPECTING OPERATING RULES
VIP TO VIP is designed to create a fun and friendly community between yourselves: a service, which is freely available. It is therefore normal for operating rules to be adopted: these General Conditions act as these rules.
The number of members should increase quickly. It is therefore stat"contact" site running smoothly and properly.
LIMITS OF RESPONSIBILITY
VIP TO VIP cannot be held responsible for any technical problems or other issues which may make access to the site, or any sites linked to it, impossible, random, slow, illegible or difficult. This applies regardless of the source and/or origin of the information present on the site. VIP TO VIP does everything in its power to provide precise and up-to-date information and cannot be held responsible for any interpretations, errors or omissions.
VIP TO VIP has a resource obligation and will do its very best to maintain operational service so that you get the service that you expect. Nevertheless, VIP TO VIP cannot be held responsible for any faults that may exist, nor for any damages, costs, loss of data, loss of profit, loss of time, direct or indirect damages, loss of financial or commercial operations, loss of programs, damages, viruses, worms, logic bombs or piracy that may occur or infect IT equipment or other property belonging to users of the site.
VIP TO VIP is also required to provide regular maintenance for this site. Therefore, we will choose periods of very low activity. These operations are necessary, and we hope that you will understand the need for them and will excuse us for any temporary inconvenience caused.
LOSS OF DATA
VIP TO VIP cannot be held responsible and will not pay any damages and/or interest if, despite our regular backups and protection measures, a malicious act or serious technical incident erases data between two backups. If this type of unlikely event occurs, we will be unable to re-establish your advertisements and you will be required to re-type them. In this case, if your account is erased after you have made a payment which is received by our bank, we will, of course, establish a new one for you. At most, only data you enter between two backups or during a backup will be affected
Members are obliged to keep their ID secret and not divulge it in any way. If members lose any of their identification elements, or if they are stolen or defrauded, users must inform VIP TO VIP without delay.
In addition, members (whether private individuals or professionals) are responsible for how their IDs are used, regardless of this use. Any access to VIP TO VIP, any use of VIP TO VIP and any data transmission made from the member’s account (private individual or professional) will be considered to have been made by this member. In order to ensure confidentiality of the IDs for which they are responsible, members are required to ensure that they fully disconnect from VIP TO VIP at the end of each session. Moreover, members are advised not to pre-record their identifiers on their computer or any other type of equipment that enables automatic connection to VIP TO VIP.
MINORS AND THIRD PARTIES
In principle, and if the members use the site properly, the VIP TO VIP site does not present any danger for minors. Nevertheless, to be sure that your children are not placed in danger, or do not use this site without your knowledge, we will only allow them to access and use the site under the supervision and express responsibility of their parents or legal guardians (keep your ID and password secret). There are parental lock possibilities, so, in order to avoid imposing the choice on you or changing your habits, we would ask you to find out about this subject by, for example, typing "website parental lock" into a search engine.
If you are new to IT and would like information about the parental lock, please contact your Internet service provider. Practically all providers offer the possibility of a parental lock.
You can also configure your computer so that your sessions or user accounts are separate from those of your children or third parties. You can also password protect these accounts. Please refer to the technical manual for your computer's operating system.
Note that our site contains links to sites for adults (free and fee-paying games). A written warning is therefore displayed.
Some parts of the sections, paragraphs, passages or words in these General Conditions may be considered as not legal in relation to the legislation of certain countries, states, principalities, etc. In this case, they are considered as unwritten, with the other sections remaining valid.
Each user promises to respect the laws and regulations laid down in French legislation.Only the commercial court of la Meuse (France) is competent to take a decision on all disputes likely to occur between parties relative to the execution of the General Conditions and for which no amicable resolution can be found.
- Payment can only be made online by bank card, using banking services of the member's choice: PAYPAL or CIC. The secure online process is covered by the SSL standard and is therefore extremely secure. VIP TO VIP will send you a confirmation e-mail when we receive your payment. This will serve as an invoice and we would encourage you to print it out and/or save it.
- An advance deposit is required before access codes can be obtained and before any advertisements can be published on the site. This is why online payment is strongly advised and favoured.
- Payments by bank transfer or cheque are accepted – they just increase the time delay before you can access the site.
For all payments by cheque, these must be made payable to VIP TO VIP and sent to the following address: VIP TO VIP – service compta – 2, rue de la violette 55400 MOGEVILLE FRANCE.
- VIP TO VIP will send you a confirmation e-mail when we receive your payment. This will serve as an invoice and we would encourage you to print it out.
On the first page - RATES “Private member” and “Professionnal member”.
Reminder: you have an unlimited number of advertisements.
Prices are indicated in Euros and include VAT.
The VAT included is French VAT at the current rate (19.6%).
REDISTRIBUTION OF PROFITS FOR 2009
Exceptionally, and in order to thank the VIPs and VIP PROs who placed their trust in us when we launched this site :
10% of the profits made in 2009 (if there are any) will be shared between all private individuals and professionals who registered and paid their annual subscription fee between 13 December 2008 and 31 March 2009 inclusive. All private individuals and professionals invited free of charge are excluded from this measure.
Methods: on 31 December 2009, the company’s accounts will be closed and the annual balance sheet will be drafted. In addition, the number of VIP and VIP PRO members who registered between 13 December 2008 and 31 March 2009 will be counted. If there are any profits (B), 10% will be divided by the number of paying members (A) who registered over the given period. This means that B x 10% = amount to be redistributed (S). So S / A = sum paid (SV) to a member who registered in December 2008 or January 2009 or SV x 11 /12ths for members who registered in February 2009 and SV x 10/12ths for members who registered in March 2009. No profits will be redistributed to members who registered after 31 March 2009 at midnight, French time.
The payments will be made by cheque and sent to the interested parties on 2 April 2010.
TRANSFER - USE
The user account is for personal use only.
Consequently users are prohibited from transferring, handing over or sub-licensing their rights as a user to anyone.
Private members may allow other people to use their accounts (same e-mail address), knowing, that if this is the case the member frees VIP TO VIP from any responsibility for the consequences of this use which must comply, under all circumstances, with these General Conditions of use. However, this possibility is not open to professionals
The publication of this site in the media is subject to conditions. All media outlets are welcome and are invited to contact VIP TO VIP: « firstname.lastname@example.org ».
The entirety of the VIP TO VIP site is covered by French and international copyright and industrial property law. All reproduction rights are reserved, including iconographic and photographic representations. The reproduction of all or part of this site, on any medium, is formally prohibited, except where express authorisation is granted by VIP TO VIP. In this case, the following 3 conditions must be respected:
- No modification or alteration, i.e. respect the integrity of documents.
- Clearly and legibly mention the source in the following format: "Document produced by the VIP TO VIP website: www.viptovip.com. Reproduction rights are strictly limited".
- It is absolutely prohibited to mention names or pseudonyms of members or provide any indication that may identify them.
When you register you will regularly receive a copy of our newsletter if you checked the newsletter box on the registration form. The aim of the newsletter is to inform you about all the new features on the site itself, pass on messages from management, provide general answers to questions and present certain professionals or artists as well as their products or work. All subjects may be dealt with, at VIP TO VIP’s discretion.
MODIFICATIONS AND UPDATES
We would ask you to consult these General Conditions regularly. In fact, VIP TO VIP reserves the right to modify or complete them at any time and without notice. Specific conditions or sales conditions may also be added to them.
The VIP TO VIP site may also be improved.
2. GENERAL SALES CONDITIONS
These General Sales Conditions exclusively govern the commercial relationships with our private and professional members presented on the www.viptovip.com site and are, more generally, applicable to all commercial documents produced by our company.
All registrations imply the prior consultation and acceptance of these General Conditions and General Sales Conditions, which may be accessed on this site and which you may print out.
It is understood that people who are considered to be legally incapable of signing a contract under articles 1123 and the following ones of the Civil Code, notably minor, non-emancipated children, must obtain authorisation from their legal representative prior to any registration.
Our offers are only valid within the conditions advertised.
The prices (annual, monthly or weekly subscription fee) are indicated in Euros and include VAT.
The VAT included is French VAT that applies on the day the order is made.
VIP TO VIP reserve the right to not honour a registration in the case of a legitimate reason as defined by regulations (dispute related to an earlier registration, abnormal request from the customer) or simply due to the existence of a prior dispute.
Payment is made online by bank card when you register.
The bank cards which are accepted are mentioned in the CIC online payment system present on this site. Any payments by debit card are debited immediately. Your payments are made secure (SSL security standard) via our online bank and we are not informed of your bank details.
For payments by bank transfer or cheque, your advertising space will be accessible once our bank has informed us that we have received the payment. This avoids any dispute or refusal by the bank (a few days are therefore necessary for us to send your access codes).
RELATIONSHIP BETWEEN MEMBERS AND PROFESSIONALS
VIP TO VIP does not at any point intervene in your sales activities or transactions. We cannot be held responsible for any dispute in which you are involved. Your commercial relations are strictly private affairs between yourselves and we are not informed of them in any way. Nevertheless, if a private member encounters problems with a professional, please let us know. This is part of the service we wish to offer to our members. If several members have a dispute with the same professional, we will send this professional a warning letter which may result in exclusion.
APPLICABLE LAW AND JURISDICTION
These General Sales Conditions and the contractual relations connected to them are governed by French law. The language for this contract is French, but it is translated into English for convenience on the section of the site available in English.
Only the commercial court of la Meuse (France) is competent to take a decision on all disputes for which no amicable resolution can be found.
The www.viptovip.com site and all its elements are the exclusive property of VIP TO VIP. Use of this site is strictly reserved for personal use. Any use, reproduction, exploitation, representation, etc. in whole or in part and on any medium whatsoever, for anything other than personal use is prohibited and may be penalised by law, notably under the laws of counterfeit. All hypertext links which directly connect to this site must be the subject of express prior authorisation from us.