Introduction
Accessing, browsing, and using the deelit.net Site, and the DEELIT Service are subject to the unconditional acceptance of these General Terms of Use, as well as the rules for listing and delisting Ads, user review rules, and the code of conduct, all of which are integral parts of said General Terms of Use.
I. DEFINITIONS
Each of the terms mentioned below shall have the following meanings in these General Terms of Use of the deelit.net Site, and the DEELIT Service (hereinafter referred to as the "Terms of Use"):
- - Buyer: Refers to any adult natural person with a User Account who purchases one or more Goods from a Seller through an Ad on the Site.
- - Ad: Refers to all elements and data (visual, textual, auditory, photographs) deposited by an Advertiser under their editorial responsibility, for the purpose of buying, renting, or selling a good, or offering or searching for a service or employment, and published on the Site.
- - Advertiser: Refers to any adult natural person or legal entity with a User Account, who has deposited and published an Ad via the DEELIT Service.
- - Review: Refers to the functionality available to Users of the DEELIT Service allowing them to evaluate a Seller or Buyer. Reviews can only be submitted after a Transaction has taken place between them through the DEELIT Service. A Review comes in two forms:
- - A quantitative evaluation represented by a rating ranging from 1 to 5 stars displayed on the Users' profiles.
- - A written comment displayed on the Users’ profiles. Comments can only be submitted following a rating.
- - Good: Refers to any product or set of products whose sale is not prohibited by the regulations applicable in the countries where the transaction takes place or by the rules for listing and delisting Ads on the Site, and which is offered for sale by the Seller on the Site via an Ad.
- - User Account: Refers to the space accessible from the Website, which every User must create by identifying themselves via a public address and a signature to use the DEELIT Service, namely:
- - Standard Account: Refers to the free space accessible from the Website, which every User must create to use the DEELIT Service, and from which they can, among other things, as an Advertiser, publish, manage, view their Ads, subscribe to one or more paid options, and purchase credits.
- - Premium Account: Refers to the paid space from the Website, from which Users can publish, manage, view their Ads, and place orders. The Premium Account provides access to options, services, and benefits that the Standard account does not.
- - Notifications: Refers to the notifications received by Users within the DEELIT Service. Notifications are only accessible to Users with a User Account.
- - Offer: Refers to the offer made by a Buyer or Seller to propose the purchase or sale of a Good in eligible categories.
- - Direct Purchase Offer: For categories of goods, Buyers can make an offer at the price indicated by the Seller by clicking on the "Buy" icon from the Ad.
- - Negotiation Offer: For categories of goods, Buyers and Sellers have the possibility to make an offer different from the price indicated by the Seller in the Ad. Once accepted by the Seller or the Buyer and at the end of the payment process.
- - DEELIT Service: Refers to the service dedicated to the User Account and personalized for the dissemination of classified ads made available to Users and Advertisers accessible via the deelit.net Website.
- - User: Refers to any person using the Site and/or the DEELIT Service.
- - Transaction: Refers to the act that transfers the ownership of a Good from a Seller to a Buyer, from the validation of payment and confirmation of receipt or delivery of the Good by the Buyer, under the sales contract concluded between them.
- - Seller: Refers to any Advertiser who offers one or more Goods for sale.
II. OBJECT – ACCEPTANCE
The Terms of Use aim to determine the conditions of use of the Site and the DEELIT Service made available to Users and Advertisers. The conditions for subscribing to paid options by Advertisers are set forth in the reserved general sales conditions (hereinafter referred to as "Paid Options"): Any User accessing and browsing the Site and any User, Advertiser, Buyer, Seller, using the DEELIT Service declares to have read and expressly accepts these General Terms of Use without reservation and/or modification of any kind. These Terms of Use are therefore fully enforceable against Users, Advertisers, Buyers, and Sellers. Any processing of personal data within the framework hereof is subject to the provisions of our privacy policy, which is an integral part of these Terms of Use.III. DESCRIPTION OF THE SITE AND DEELIT SERVICE
The deelit.net Site is accessible to all Users. In the absence of a User Account, Users can from the Site:- - Browse all Ads posted on the Site.
- - Conduct a search.
- - View Advertiser profiles.
- - Access the geolocation of Ads posted in all categories.
IV. RESPONSIBILITY AND WARRANTIES
1. DEELIT’s Responsibility
As a hosting provider: DEELIT cannot be held responsible for the content of the Ads published by Advertisers or for the messages and content exchanged via any messaging solutions, and does not provide any guarantee, express or implied, in this regard. DEELIT is a third party to the correspondence and relationships between Advertisers and Users, and therefore excludes all liability in this regard. As a provider of an online public communication service, DEELIT undertakes to implement all necessary means to ensure the best possible provision of the Site and the DEELIT Service to Users and Advertisers. However, DEELIT declines all responsibility in the event of:- - Interruptions, breakdowns, modifications, and malfunctions of the DEELIT Service, regardless of the communication medium used and regardless of their origin and source;
- - Loss of data or information stored by DEELIT. Advertisers are responsible for taking all necessary precautions to keep the Ads they publish via the DEELIT Service;
- - Temporary unavailability of access to the Website due to technical problems, regardless of their origin and source;
- - Direct or indirect damages caused to the User or the Advertiser, of any nature whatsoever, resulting from the content of the Ads and/or access, management, use, operation, malfunction, and/or interruption of the DEELIT Service;
- - Abnormal use or unlawful exploitation of the DEELIT Service by any User or Advertiser;
- - Poor execution or non-performance of Transactions by Sellers or Buyers in the context of the use of DEELIT;
- - Poor execution of payments related to a malfunction of a cryptocurrency network;
- - Poor execution of payments related to erroneous information provided by the DEELIT Service;
- - Hacking attacks, deprivation, deletion, or prohibition, temporary or permanent, and for any reason whatsoever, of access to the internet network.
- DEELIT reserves the right, at any time, to modify or interrupt the accessibility of all or part of the Website and/or the DEELIT Service.
- DEELIT disclaims all liability in the event of any type of fraud, extortion, and aggression related to an Advertiser.
In this regard:- - The User waives any recourse against DEELIT in the event of proceedings brought by a third party against them due to the illegal use and/or exploitation of the DEELIT Service, in the event of a User or Advertiser losing access to their digital wallet and thus to their User Account, or in the event of identity theft.
- - The Advertiser releases DEELIT, its subcontractors, and suppliers from all liabilities, guarantees them against any claim or action relating to the Ad that could be brought against them by any third party, and undertakes to bear all damages as well as the costs and expenses to which they may be condemned or which would be provided against them by a settlement agreement signed by them with this third party, notwithstanding any damages that DEELIT, its subcontractors, and suppliers may claim due to the harmful acts of the Advertiser.
Furthermore, DEELIT’s liability cannot be incurred in any case in the event of:- - Non-delivery of the Product.
- - Damage.
- - Failure to deliver or withdraw a Product.
- - Non-compliance of a Product or Service.
2. User Responsibility and Obligations
Every User declares that they must, to access the Site and the DEELIT Service, have access to the Internet subscribed from the provider of their choice, the cost of which is their responsibility, and recognizes and accepts that:- - The reliability of transmissions is random due, in particular, to the heterogeneous nature of the infrastructures and networks over which they circulate and that, in particular, breakdowns or saturations may occur;
- - It is their responsibility to take any measures they deem appropriate to ensure the security of their equipment and their own data, software, or other, especially against contamination by any virus and/or attempt at intrusion of which they may be victims;
- - Any equipment connected to the Site is and remains their sole responsibility. DEELIT’s liability cannot be sought for any direct or indirect damage that may occur due to their connection to the deelit.net Site.
- - They are solely responsible for the information provided when creating their User Account.
- - The User declares and acknowledges that they are solely responsible for the information provided when creating their User Account. As such, the User undertakes to ensure that their User Account does not contain:
- - Any false and/or misleading mandatory information.
- - Any information that infringes the rights of a third party.
- - Any photograph for which they do not hold the intellectual property rights, on which persons other than themselves are visible unless those persons have given their consent to the publication of those photographs, on which personal data are visible, or which are or are likely to be contrary to our Code of Conduct.
4. Advertiser Responsibility and Obligations
The Advertiser warrants that they will:- - Only offer in their Ads products that are available and in their possession.
- - In case of unavailability of the Product, promptly withdraw the Ad from the DEELIT Service.
- - Ensure that their Ads comply with all applicable regulations (in particular, relating to advertising, competition, sales promotion, the use of personal data, the prohibition of the marketing of certain goods or services), nor any third-party rights (in particular, intellectual property rights and personality rights, or have obtained all necessary authorizations for the publication of their Ad) and that they do not contain any defamatory or harmful messages towards third parties.
- - Ensure that their Ads comply with the rules for referencing and dereferencing Ads and the Code of Conduct, which are an integral part of these T&Cs.
The Advertiser undertakes to provide a description of the Product in accordance with the following conditions:- - New condition: Unused product, complete, with unopened packaging and instruction(s) manual(s).
- - Very good condition: Product little or not used, without any defects or scratches, complete, and in perfect working condition.
- - Good condition: Product in perfect working condition, with some minor defects (mentioned in the ad and visible in the photos).
- - Satisfactory condition: Product in correct working condition, with obvious defects and signs of wear (mentioned in the ad and visible in the photos).
- - For parts: Non-functional product, for complete restoration or recovery of spare parts.
- - Refurbished - Professionals only: Unpackaged and used product, which has been meticulously checked and tested by a professional to be restored to working order, then repackaged.
The Advertiser declares and acknowledges:- - The extent of the Site’s dissemination and has taken all precautions to comply with the legislation in force in the places of receipt and discharges DEELIT from all responsibilities in this regard.
- - That for technical reasons, their Ad will not be broadcast immediately after its submission to the Site.
- - That by publishing their Ad on the Site, it may be shared by any User and/or any Advertiser on various social networks and websites.
- - That they are solely responsible for the content of the Ads they publish and make available to Users, as well as for any document or information they transmit to Users. The Advertiser assumes full editorial responsibility for the content of the Ads they publish.
- - DEELIT reserves the right to delete or refuse, at any time, without compensation or right to reimbursement of the amounts paid by the Advertiser for the purpose of their submission or subscription to Paid Options, any Advertisement that would be contrary, in particular, to the current law, to the referencing and dereferencing rules of Advertisements set by DEELIT, and/or likely to infringe upon the rights of third parties.
- - DEELIT may request any document to verify the quality provided during the creation or modifications to be made to their User Account and the possession of rights and/or obtaining the necessary authorizations for the publication of their Ad. In the absence of communication of the requested justifications, DEELIT is entitled to delete or refuse, at any time, without compensation or right to reimbursement of the amounts paid by the Advertiser for the purpose of their submission or subscription to Paid Options.
- - The User also commits, if necessary, to respect and maintain the confidentiality of the connection identifiers to their User Account and expressly acknowledges that any connection to their User Account as well as any data transmission is their responsibility. Any loss, misappropriation, or use of the connection identifiers and their possible consequences are the sole and entire responsibility of the Advertiser.
V. Reporting and Content Moderation
1. Reporting Abuse
DEELIT allows each User logged into their User Account to report any content on the Site that they deem abusive or in violation of the referencing and dereferencing rules of Advertisements, the rules regarding User Reviews, and the Code of Conduct, all of which are integral parts of these Terms of Use. In detail:- - Any Advertisement can be reported by clicking on the "report the ad" link present on each Advertisement.
- - Any User profile can be reported by clicking on the "report this user" link present on each profile.
- - Any Review made against a User can be reported by the targeted User by clicking on the "report" link associated with the received comment.
- - Any content can be reported via the dedicated contact form while respecting the required legal formalism.
2. Review of Reports and Associated Actions
DEELIT reserves the right to:- - Delete, without notice, compensation, or right to reimbursement, any content and/or Advertisement brought to its attention that may infringe upon the rights of a third party and/or is not compliant with the referencing and dereferencing rules of Advertisements, the rules regarding User Reviews, and the Code of Conduct of the Site.
- - Delete, at any time, without compensation or right to reimbursement of the amounts paid by the Advertiser for the purpose of subscribing to Paid Options, an account that would be contrary to the current law and/or the referencing and dereferencing rules of Advertisements and the Code of Conduct set by DEELIT.
- - Suspend or prohibit access to the DEELIT Service for any User or Advertiser who does not comply with these Terms of Use and Code of Conduct.
- - Immediately suspend the Seller/Buyer account and ongoing Transactions in case of suspicion of any fraud.
- - Restrict the use of the DEELIT Service (including refusing or limiting the number of Advertisements that the Advertiser can post), if the activity is deemed fraudulent.
- - Indefinitely suspend a User Account after three attempts to post an Advertisement contrary to intellectual property rights.
VI. INTELLECTUAL PROPERTY
1. DEELIT’s Intellectual Property Rights
All intellectual property rights (including copyright, neighboring rights, trademark rights, database rights) concerning both the structure and the content of the Site, including images, sounds, videos, photographs, logos, trademarks, graphic, textual, visual elements, tools, software, documents, data, databases, etc. (hereinafter referred to collectively as the "Elements") are reserved. These Elements are the property of DEELIT. They are made available to Users and Advertisers, free of charge, solely for the purpose of using the Site, the DEELIT Service, within the framework of normal use of their functionalities, and within the limits described herein. Users and Advertisers undertake not to modify these Elements in any way. Any unauthorized use of the Elements of the Site constitutes a violation of DEELIT’s rights, and may also constitute a violation of image rights, personal rights, or any other rights and regulations in force. Such use may therefore incur civil and/or criminal liability on the part of the author, and DEELIT reserves the right to initiate any action, including legal action, against persons who do not comply with this article.
2. Trademarks and Logos
The DEELIT and deelit.net trademarks and logos are registered trademarks. Any total or partial reproduction of these trademarks and/or logos without the prior written authorization of DEELIT is prohibited.
3. DEELIT Service Databases
DEELIT is the producer of the databases related to the Site. Therefore, any extraction and/or reuse of all or part of these databases, within the meaning of Articles L 342-1 and L 342-2 of the Intellectual Property Code, is prohibited.
4. Usage Restrictions
Any reproduction, representation, publication, transmission, use, modification, creation of derivative works, or extraction of all or part of the Elements, in any way whatsoever, without the prior written authorization of DEELIT is unlawful. It is also prohibited to reverse engineer the design or assembly, or in any other way attempt to find the source code, sell, assign, sublicense, or transfer in any way whatsoever any right related to the Elements. Any User and Advertiser of the Site agrees not to:- - Use or query the Site on behalf of or for the benefit of others.
- - Extract, for commercial or non-commercial purposes, all or part of the information or small Advertisements on the Site.
- - Reproduce, on any other medium, for commercial or non-commercial purposes, all or part of the information or small Advertisements on the Site allowing the reconstruction of all or part of the original files.
- - Use a robot, including web scraping (spider), a search application, or website retrieval or indexing tool, or any other means to retrieve or index all or part of the Site content, except with the express prior authorization of DEELIT.
- - Copy information onto media of any kind allowing the reconstruction of all or part of the original files.
These unlawful acts incur the liability of their authors and may lead to legal proceedings against them, in particular for infringement.5. Rights Granted to DEELIT on Advertisements
The content of the Advertisements posted belongs to the Advertisers; however, by posting Advertisements on the Site, the Advertiser grants:- - To DEELIT, the non-exclusive, transferable, sublicensable, royalty-free, worldwide right to exploit all the content of the Advertisements, including photographs, texts, videos, drawings, illustrations, sound elements, trademarks, logos, titles, descriptions (hereinafter the "Content"), as they are published on the Site, as well as a license on all intellectual property rights related to the Content, including copyright relating to the elements used in its Advertisement, such as photographs, texts, videos, drawings, illustrations, sound elements, for the entire legal duration of its intellectual property rights and worldwide. The rights granted include the right to reproduce, represent, distribute, adapt, modify, create derivative works, translate all or part of the Content by any means, in any form, and on any medium (material or immaterial, digital, printed, etc.) known or unknown to date, as part of the exploitation of the Site or in connection with DEELIT’s activity, for commercial or non-commercial purposes, and in particular for advertising purposes, as well as for distribution on social networks where DEELIT is present. In particular, the photographs of the Advertisements may be reproduced and integrated into advertising formats distributed on the Site, only in connection with the posted Advertisement. The Advertiser consents to the reuse of their Advertisement and its Content on social networks. Consequently, the Advertiser confirms having read and accepted the general terms of use, particularly regarding the reuse of Content and personal data. Under this license, DEELIT, without creating any obligation to act, is entitled to oppose the reproduction and exploitation by unauthorized third parties of the Advertisements posted on the Site and their Content.
- - To Users, the non-exclusive right to access the Content via the Site and to use the Content to the extent authorized by the Site’s features and subject to compliance with these Terms of Use, for the entire world.
VII. Miscellaneous Provisions
1. Modification of the Terms of Use
DEELIT reserves the right to modify, at any time, all or part of the Terms of Use. Users and Advertisers are invited to regularly consult these Terms of Use to be aware of any changes made. The use of the Site by Users and Advertisers constitutes acceptance by them of the modifications made to the Terms of Use.2. Partial Invalidation of the Terms of Use
If any part of the Terms of Use were to be found illegal, invalid, or unenforceable, for any reason whatsoever, the provisions in question would be deemed unwritten, without affecting the validity of the other provisions which will continue to apply between Users or Advertisers and DEELIT.3. Waiver
The fact that DEELIT does not avail itself at a given time of any of the provisions of these Terms of Use cannot be interpreted as a waiver of the right to subsequently avail itself of any of said conditions.4. Competent Jurisdictions
In case of difficulties in the application of these Terms of Use, the User will first contact DEELIT in order to seek an amicable solution before any dispute before the competent jurisdictions.5. Judicial Requisitions and Requests for Communication
DEELIT responds free of charge to requests from public authorities and does so as soon as possible provided that the requests made are complete. Any request to DEELIT must:- - Be sent by email to the address [email protected];
- - Comply with the following legal formalities:
- - Be written on letterhead, dated, signed, and stamped. If the request is made by email, the official document must be attached;
- - Mention the legal basis invoked;
- - List the minimum data concerning the invoked purpose;
- - Specify the period covered by the request.
- - Provide the following information:
- - The reference of the Advertisement.
- - The public address of the User.
- - To simplify our procedures, please indicate in your request the email address to which you would like us to send our response.