General conditions of use

INTRODUCTION

EDeal-IT is a French Limited Company (SARL) with a capital of €8.000 registered at the Register of Companies in Meaux under the n° 791213796. Its Head Office is situated at 38 avenue Charles de Gaulle, 77450 LESCHES, FRANCE and is the owner of the www.edealit.fr Website (hereafter called the Website). Edeal-IT is an online service editor allowing It Brokers or Professional It Recyclers (so called the Brokers) to consult offers for the resale or the recycling of It materials. This Website’s aim is to allow its clients to optimize their It Materials’ end of life, thanks to an in-house portal, in order to guide them in the choosing of It Brokers and also to help them in the valorisation process.

Edeal-It has therefore created a market place allowing Clients and Brokers to communicate, jointly further referred to as Participants, and to conclude Products Sale Contracts since EDeal-It is only a go-between.

These General Conditions of Use (thereafter called GCU) are accessible online for every Participant and aim at specifying availability and Use of the Services offered to them on the Internet Website by EDeal-It.

Publishing Director: Claire Simon.

The website www.edealit.fr is hosted by OVH, 38 avenue Charles de Gaulle, 77450 LESCHES, FRANCE.

Access to the Website, its consultation and its use, involve an unconditional acceptance of these GCU. They can be modified at any time, unilaterally by EDeal-It, according to the changes made, in order to conform to all legal, precedential, editorial and/or technical evolutions. Therefore, the Participant is advised to check the latest version of the GCU to be consulted on the Website at any time.

In case of any disagreement with these conditions, the Website would not be used.
EDeal-It reserves the right to refuse the Website access, unilaterally and without any previous notification, to any Participant who will not respect these General Conditions of Use.

DEFINITIONS

  • Account: Personal data referring to a Participant, thus including identity details and access ID allowing the access to EDeal-It Services Platform.
  • Announcement: description of the It Materials on sale according to the Elements given by the Client and reworked by EDeal-It.
  • Broker: means a professional in the It field who has made the best offer for return materials in order to resale or recycle them.
  • Client: refers to any professional legal entity wishing to optimize best his It Materials’ end of life thanks to the Internet Website, in order to resale or recycle them.
  • Element: information given by the Client allowing the online creation of his Announcements to be found afterwards on the Website.
  • ID: Chosen name or code by the Participant for his identification and access to EDeal-It’s Services.
  • Participant: refers to a Client or a professional Broker who could use the EDeal-It Platform after having accepted these General Conditions of Use.
  • Platform: refers to the functional and organizational structure set up by EDeal-It allowing Buyers and Brokers who are interested in the products to get in touch.
  • Price: means the price (without VAT) that will be paid by the Broker or the Client.
  • Product: refers to the Clients’ It Materials on resale or on recycling in the Announcements in order to be optimized, thanks to the Platform.
  • Services: all the functionalities put at the Participant’s disposal by EDeal-It and available on www.edealit.fr
  • Subscription: allows the Professional It Broker to register on the Website in order to be contacted when there are some invitations to tender for the Products sold by Clients or returned Products to be recycled.

ARTICLE 1: ACCESS CONDITIONS

1.1 - Costs and fees

The access to the EDeal-It’s Website is free for any Participant already having an Internet access. All the software and hardware necessary for the use or for the good working of the Website Services, the access to Internet, except for the services directly offered on the Website, are at the Participant’s charge. He is the only responsible person for the smooth running of his It Materials and for his Internet access.

EDeal-It reserves the right to interrupt, momentarily suspend or modify, without any previous notice, the access to the whole Website or part of it, for maintenance purpose, or for any other reason, without any obligation or compensation because of this interruption.

1.2 – Subscription and account

The access to some services offered by EDeal-It requires an online Subscription, and in particular, for the creation of an Account on the Website. In subscribing to EDeal-It, the Participant gets a unique ID and a private access code with his name, involving thus no damage for a third party’s rights, that he commits himself to keeping confidential. Any Participant commits himself to giving correct information about his identity, address and any other information required for the access to EDeal-It Platform, in order not to mislead EDeal-It or a third party, to accept the General Conditions of Sale for which he is concerned and update any modified information. He will also be responsible for the security of his personal data against all invasion of privacy. He must also give a valid email address.

At the same time, EDeal-It is bound to guarantee security and confidentiality of the entrusted data by any means.

In order to benefit from EDeal-It’s Platform, the Participant must be a legal entity, whose authorized person must mention all valid information concerning its name and the one of its legal representative if needed, its company name, Siret number or identification number, head office address, phone number and email address.

The Participant commits himself not to creating or using any other account than the one firstly created, under his own identity or under a third party’s, except if EDeal-It authorizes it.

Moreover, the Participant has to respect the following rules without any prejudice of what precedes:

  • not to harass the other Website Participants or slander, defame or even to express racist sentiments on the Website, and also breach the French legal or statutory texts in force, the persons’ rights, law and order and good attitudes,
  • not to get any information about the other Participants, neither manually nor through a computer, or access to another Participant’s Account,
  • not to download any virus or any other codes that could destroy the Website.

The data collected by the Website are only the IP address (the Participant’s computer address) excluding any other.

The Subscription is considered completed once the Participant who wants to sell, recycle or buy a product, has accepted his General Conditions of Sale ticking the ‘I accept the General Conditions of Sale’ box and once EDeal-It has received all the requested information in the Subscribing form.

EDeal-It reminds the Participant, who is acting as a professional, his obligation to respect the laws and regulations referring to a distant selling activity and all applicable regulations to this status. He will also have to check about his social and fiscal tax obligations.

1.3 – Duration and termination

Duration of a Participant’s Subscription validity to the Website is unspecified. However, the duration of a Broker’s Subscription is 12 months available.

The Participant acknowledges the fact that EDeal-It has the right, without any notice or compensation, to terminate all the services or part of them. On his part, the Participant can suppress his Account clicking on the corresponding Website icon.

In case of a serious and/or repeated violation of these General Conditions of Use, EDeal-It will have the right to terminate, suspend or deactivate the Participant’s Account without any previous notice and without prejudice or action against him, and in particularly in case of selling forbidden products, wrong information, fraud attempt or any other breach of the law. The Participant won’t be entitled to claim the possible involved fees for the use of any Website Services.

ARTICLE 2 – SERVICES OFFERED ON THE WEBSITE

EDeal-It is a useful and convenient Website dedicated to the valorisation of It Materials allowing their reselling or recycling at the best price. Therefore, EDeal-It provides to its Participants a wide range of Services among which, this choice not being exhaustive or definitive: connecting, creating Announcements for access to the products, accessing to additional options, creating Chats Forum, a notation.

2.1 – Connecting Clients and Brokers

EDeal-It commits itself to putting at the professional Broker’s disposal, on its Platform, the Client’s Announcement’ offers for It Materials to be resold or for obsolete It Materials to be recycled.

EDeal-It offers a simple connecting service between the professional Broker, who wishes to make a purchase offer for the products, or a recycling offer for obsolete It materials, and the Client who wishes to sell at the best offer and/or get rid of his unusable products.

EDeal-It is not at all responsible for the sale closing, deliveries or even for the quality of the products, and never becomes the owner of these products.

The professional Broker consults the online Announcements and decides for which one he wants to make an offer. All Brokers’ offers are put together by EDeal-It who suggests the best one to the Client according to the price, auditing times, payment terms, etc. Then, the Client is connected to the Broker and completes the sale, or the recycling, with him.

In order to ease this connecting, the Participants can use the professional tools put at their disposal by EDeal-It, in particular for the creation of the online documents accessible to the Broker and to the Client, on their own interface such as: the Subscription form (the Account), a model Announcement, a purchase or a recycling offer form, the logistics voucher, the audit report, the equipment certificate, a batch follow up and the corresponding invoices.

The Client can also put forward his own It Broker. However, the Favourite Broker Status, having no time limit, won’t be given to a Broker initially introduced by EDeal-It.

The Client can invite a Broker to consult and apply for free to his batches during a 6-month period. A Broker’s invitation can be cumulated with the Favourite Broker Status. The invitation is only available for It Brokers who don’t belong to EDeal-It’s network. The Client cannot cumulate more than one invitation.

If the Client doesn’t wish to work with some It Broker, whatever the reason, he can block this Broker’s access to his batches, notifying him to EDeal-It who will also prevent him to apply for the Client’s batches or even to visualize it.

2.2 – Announcement

The Clients are able to show their Products thanks to the free online Announcements put at their disposal by EDeal-It, allowing It Brokers, registered to the Website through the annual Subscription, the access to the Products in order to make an offer.

The financial conditions applicable to his Subscription are defined in the General Conditions of Sales for the Brokers accessible to him when subscribing.

Moreover, the Participants will be able to ask online for additional information on batches in filling in the corresponding forms.

EDeal-It reserves the right not to publish an Announcement that is not adapted or which volume is not big enough for a Broker’s optimal offer.

2.2.1 – Sale of the It materials

EDeal-It offers the Client to create his online Announcements, describing the It materials he wishes to optimize and sell, in particular: the place where the Client’s site is, the quantity and the characteristics, the availability date of the Products, the closing date for the Brokers’ offers, the logistics, etc.
Therefore, the Client sends his Announcements, in the requested format, according to the instructions, or to the template file given on the Website, taking into account that they could be reconfigured to EDeal-It’s discretion, if need be. Using an online model allows the Client to beneficiate from a discount on the commission he will have to pay to EDeal-It.
The contents of the Announcement must not infringe on legitimate interests of third parties whatever they are (intellectual property right, image right).
The Client can ask at any time EDeal-It to modify/add Elements to his Announcement, as long as no It Brokers’ offers have been made.

2.2.2 – Recycling of the obsolete or broken It Materials

EDeal-It offers to the Client the possibility to create his Announcements allowing him to describe his It Materials that can only be recycled, since they haven’t been sold online (See 2.2.1) or because much too old to be resold. Therefore, the Client will send all the necessary Elements, in the requested format, for the creation of his Announcements. The communicated contents must not infringe on legitimate interests of the third parties, whatever they are (intellectual property right, image right).
The Client can ask, at any time, EDeal-It to modify/add Elements to his Announcement, as long as no It Brokers’ offers have been made.

These online Announcements allow the Brokers to access to: recycling requests, place and time limit of the offers’ treatment (picking and recycling), characteristics of the products, etc.

2.3 – Resale or recycling process

The Client commits himself to confirming the offer made by EDeal-It (including the Elements allowing him to be connected with the Broker) in a 7-working day time limit following the reception of an email informing him that his batch has been purchased.

His failure to respond, once this time limit is over, will be considered as reversion of the purchase offer and therefore a penalty equivalent to 35% of the amount of the Broker’s offer will be applied.

Once the Client has confirmed the offer, the Broker proceeds to the picking and shipping of the Products, as soon as the picking date, indicated in the Announcement, has been validated and sends the corresponding logistics voucher to the Client. The shipping cost is included or not in the offer, the shipping being under the It Broker’s responsibility.

Then, the Broker will proceed to the Products’ audit (checking according to the Announcement Elements and Material tests) in order to decide those that can be resold since they are still in a good working order and the faulty ones that can’t be resold because they don’t allow any further use. Therefore, he informs the Client about the time limit he needs for this audit, when his offer is put online, and for which he commits himself to communicating its report. In case this time limit is exceeded by 30 days as compared to the initial announced date, the Client will be entitled to invoice all the It Materials, and not only those which are still working.

In case of It Materials’ resale, the audit report enables the Broker to inform the Client about the detailed final valorisation of the It Materials that can be resold or not. Then, the Client will make an invoice corresponding to the repurchase of the concerned Products, that he will send to the Broker as soon as possible.

In case of It Materials’ recycling, the Broker will send to the Client a document proving the treatment of the obsolete Materials according to the regulations in force showing the serial numbers, so that he will be able to justify, in terms of accountancy, the outgoing of the Products and to apply the corresponding fiscal discounts. Once the Client has accepted, the Broker sends to him an invoice for the recycling of the obsolete Products, as soon as possible.

The Sale Contract, or the Recycling Contract for the obsolete Materials being returned, is concluded between the It Broker and the Client.

2.4 – Payable Options

EDeal-It proposes to its Clients the Subscription for payable options, allowing the access to information and the use of the tools for the inventory and the valorisation of their It Materials, in particular: formatted Announcements by EDeal-It, onsite inventory of Client’s It Materials, onsite audit of Products, sales to the staff follow-up.

The financial conditions applicable to the use of these options are defined in Client’s General Conditions of Sale, accessible to him when he subscribes.

2.5 - Satisfaction Form

Once the sale or the recycling process has been concluded, EDeal-It sends an email to the Client in order to get his opinion about his transaction, his satisfaction criteria about the Broker and the offered Website Services.
This notation system is done by EDeal-It who sends a satisfaction form to the Client concerning in particular: respect of the financial commitments and time limits, quality of the audit reports, certificate and information distribution, Broker’s responsiveness and professionalism, etc.

Then, the Client will have to give a grade from 1 up to 5 and will recommend or not the It Broker. The result of these notation systems is an evaluation of the Broker’s performances on the Website.
EDeal-It does not own the evaluations, does not have to check their contents and is not even responsible for them.
The It Brokers’ evaluation system set up on the Website is important for the good working of the Market Place. Any Broker agrees that the evaluations given to him, will be publicly revealed by other Participants.

2.6 - Forums

Website forums allow the Participants to benefit from a private space and to interact between them. To publish a comment, a good spelling and a meticulous format are strongly recommended as the Participant can publish several reactions per information.
Comments are published under their full responsibility. Good manners and politeness are indispensable.

Forums are accessible on the Website. They are exchanging and discussing spaces. Anyone is free to have his own opinion but has to respect the one of the others.

s it is a Website to share information, the Participant has to respect the following rules, without any prejudice for the preceding or for the following:

  • not to harass or make fools of the other Participants on the Website,
  • not to get any information about the other Participants, neither manually nor using automated methods, or access to another Participant’s Account.

As the Website is accessible to the general public, it is advised to be prudent and not to give too much private information.

ARTICLE 3 – ELEMENT/CONTENTS/COMMENT

The Website is an area of freedom in the respect of the law. Any Element allowing the creation of the Announcements/contents or comment on the Forums of a pornographic nature (including nudity images), paedophilic or raping, is to be excluded. This is also available for someone trying to infringe one’s privacy, respect for human dignity, equality between men and women and protection of children and teenagers. The following will also be rejected: any discrimination, racial, xenophobic, sexist, homophobic or revisionist hatred or violence attempts, also any harmful, threatening, excessive, harassing, vulgar, obscene and full of hatred contents, threatening others’ private life, and also defamatory and denigrating, and more generally, breaching the French legal or statutory texts in force, the persons’ rights, law and order and good attitudes.

The Elements/contents/comment must not infringe on a third parties’ interests whatever they are (intellectual property right, image right).

ARTICLE 4 - MODERATOR

EDeal-It has chosen to moderate the ex-post contents in order to insure the freedom of expression on its Website while setting the Internet adequate and available means for the respect of the laws in force. The choice of ex-post moderation is also due to the fact that it is impossible to intervene in the immediacy and the volume of the Participants’ online contents, to exert a general control on them. In this respect, the ex-post moderation can only be made on part of the contents among those online on the Website.

Those, who would be startled or even shocked by some content, can contact directly the moderator by email on the following address: contact@edeal-it.fr.

ARTICLE 5 – PRODUCTS

The Participant is prohibited to put on sale, sell, leave on sale or purchase, directly or indirectly, prohibited products, as well as using information to which he can access on the Platform in order to purchase or sell such products.

Such products are contrary to good custom or not authorized according to the legal, regulatory or contractual requirements. The products concerned are in particular counterfeiting ones according to the Intellectual Properties Code, coming from theft or fencing, that would be sold in breach with the selective or exclusive distribution networks.

ARTICLE 6 – PRICES AND PAYMENT TERMS

The prices of the Products’ sale, or the return offers for recycling, are mentioned before tax in Euros or in American Dollars.

The Broker will have to specify in his purchase or return offer, if the logistical costs are included or not (deducted in case of a return offer for obsolete materials and charged in case of a purchase offer).

Each resale made by a Client, after having accepted the best offer, will be directly paid by the Broker, excluding EDeal-It’s liability at that point.

Each Product’s return for recycling will be directly paid by the Client to the recycling Broker, after having accepted the best offer, excluding EDeal-It’s being liability.

It’s responsibility as defined in the corresponding General Conditions of Sale.

ARTICLE 7 – DELIVERIES

After selecting and accepting the purchase, or the recycling best offer for a Product, the materials are shipped to the It Broker, at the Client’s or Broker’s charge according to the offer, who will send the corresponding Logistics Voucher to the Client.

In his Announcement, the Client will inform the selected Broker about the availability of the Products so that they both can organize their picking and shipping. This is a significant obligation because any delay could devaluate the It equipment and could have an impact on the Broker’s audit report for which he committed himself to submit on time. Therefore, in case of failure to respect the availability of the Products, a penalty will be applicable to the Client. The amount of this penalty is specified in the General Conditions of Sale on a per day of delay basis. Moreover, The Broker reserves the right to postpone the submission of his audit report.

EDeal-It’s liability cannot be sought, in any way, for the picking and shipping of the Products.

ARTICLE 8 – INTELLECTUAL PROPERTY

All Elements of the Website (texts, graphics, photographs, images, videos, sounds, plans, names, logos, trade marks, various protectable creations and works, data bases, etc.) and the Website itself are subject to French and International regulations as far as the copyright and the related rights are concerned.

These Elements are EDeal-It’s exclusive property, except for those realised by external contributors who did not release their copyright.

Any expressly unauthorized use of the Website Elements involves a breach of copyright, and of any other rights and regulations in force, and constitutes a counterfeit.

Save a prior written consent of EDeal-It, the Participant commits himself not to modifying, copying, reproducing, republishing, downloading, uploading, communicating, selling or distributing, in any ways, on another server or anywhere else, the contents put at the Participants’ disposal by EDeal-It including codes and Announcements.

Notwithstanding the above, Elements given by each Client in the making of an Announcement, remain his property, subject to the provisions below.

The Participant releases to Edeal-It the intellectual property rights necessary to the execution of Services, those dealing with Elements and Products showed on the online Platform, even once his participation is terminated. The rights involved also include the right to reproduce, distribute, make it available to the public, or deal with the Participant’s published contents in order to carry out his contractual terms.

The rights are transferred and granted to EDeal-It free of charge, worldwide non-exclusive and for all the protection term of intellectual property rights.

By then, the Participants shall guarantee EDeal-It against any recourse by a third party as regards the owning of the licensed rights and their freedom of use and exploitation, and commit themselves to releasing and guaranteeing EDeal-It from any judicial decision, final or provisionally enforceable, that could be sentenced against the latter due to the use of the released rights.

ARTICLE 9 – WARRANTY AND LIABILITY DISCLAIMERS

The EDeal-It Services are provided “as-is”, with no warranty. The company expressly excludes, in the fullest extent permitted by the applicable laws, all expressed, implied and legal warranty, including and unreservedly, the guarantee for commercial success, for a specific purpose, and with no breach to the property rights.

EDeal-It excludes all warranty regarding protection, reliability, appropriateness and performance of its Services.

Furthermore, in any circumstances, this shall occur without the company incurring any liability, in the event of total or partial non-fulfilment of an obligation and/or failure of the operators of the networks providing access to the Internet, in particular of his Internet access providers and Site hosts.

EDeal-It accepts no responsibility of any king on the following:

  • removal, non-storability, incorrect or inappropriate information or data transmissions on the Site or resulting from Services.
  • costs involved because of loss of profits and /or loss of data,
  • performance or poor performance of Website Services, Information, Products appearing in the results,
  • damages resulting from the downloading or the use of information or data available on Internet through these Website Services, such as damages caused to computer systems, loss of data,
  • online information form or contents by the Participant on his web space,

These liability limits will apply in a way that would prevent claims for direct or indirect damages, incidents, whatever the reason of these damages (including damages suffered by third parties).

In the event that EDeal-It’s liability is alleged due to a Participant’s breach to his obligations fulfilment under the law or these GCU, the latter commits himself to guaranteeing EDeal-It from any judicial decision that could be sentenced against him, this guarantee covering both fines and costs that might be paid.

EDeal-It is a go-between and links Clients and It Brokers. Therefore, EDeal-It is not at all liable for the concluding, execution or termination of the relationship between any Client and any Broker, not even liable for the delivery, payment or product’s quality. EDeal-It never takes possession of the Products and isbound to an obligation of means. EDeal-It cannot guarantee that the Client’s product will satisfy the It Broker. Likewise, EDeal-It cannot guarantee to the Client that the Product won’t be returned or that the sale won’t be concluded or cancelled by the Broker.

Therefore, EDeal-It cannot guarantee any commercial efficiency in any way.

EDeal-It reserves the right to suspend or stop the diffusion of the Website without having to pay any compensation to the Participants.

Moreover, EDeal-It does not accept any responsibility of any kind for the disputes that might oppose Clients from Brokers.

ARTICLE 10 – PERSONAL DATA

By filling in the Subscription form, the Client gives his express consent for the creation of a file by EDeal-It allowing the retention of the informed data.

In accordance to French Law n°78-17 of January 6th, 1978 called ‘Computer Technology and Freedom’, this Website has is subject to a declaration to the French Data Protection Authority ‘Commission Nationale de l’Informatique et des Libertés’, the CNIL, under the number 1704279.

In accordance to Article 27, the Participant has the right to access data held on him to modify them at any time. This right can be exercised by post or electronic mail sent to EDeal-It following addresses:
- contact@edeal-it.fr
- 38 Avenue Charles de Gaulle, 77450 LESCHES

Moreover, the Website might set up a cookie automated tracing, which the Participant will be able to refuse by modifying his Internet browser parameters. There is no danger for him to accept it. A cookie does not reveal his identity. Its aim is to register information about the Participant’s Internet browsing on the Website. This information is then data processed by EDeal-It and the Participant has an access right and a modification right as mentioned above.

ARTICLE 11 – GENERAL MEASURES

To be valid, any Participant’s claim shall be detailed, clearly indicating the reasons of his dissatisfaction and sent to EDeal-It by post, e-mail or through his Personal Account.

The parties cannot be held liable for any delay or non-fulfilment when linked to a case of absolute necessity, as defined in the texts.

Any clause of the General Conditions of Use becoming null and void, non-evocable, illegal or inapplicable because of a law, a regulation or a Court decision, will not question the validity, legality, applicability of the other GCU conditions and will not exempt the Participant from fulfilling his contractual obligations.

ARTICLE 12 – DISPUTES AND APPLICABLE LAW

These General Conditions of Use are governed by the French law. They are in written in French and in English. In case of translation to any other language, only the French text shall be deemed authentic in case of a dispute.

All the disputes that should arise from these General Conditions of Use about their validity, interpretation, execution or termination, also their consequences and suites, would be submitted to the relevant competent Court for EDeal-It’s Head Office.