Terms of Use

05/18/2018 version

Those Terms of Use were translated from the french version for your information. The original version is available here.

Europe Factory is a web platform, accessible at the following addresses and all associated sub-domains, www.europefactory.com, www.europefactory.eu, www.europefactory.fr (the "Website") operated by the company Europe Factory SASU with capital of EUR 30 000, whose headquarters are located at 9, chemin du Rocher in Marcoussis (91460), France, registered at trade and companies register of Evry under identification number 811 213 263 and whose VAT number is FR11811213263. Said platform is dedicated to facilitate partnerships between Suppliers (as that term is defined in Article 1.1) and Buyers (as that term is defined in Article 1.1) who wish to acquire the Products (as that term is defined in Article 1.1) offered by Suppliers in their Catalog (as that term is defined in Article 1.1).

The purpose of these Terms of Use (the "Terms" or taken together, the "Agreement") is to define the terms and conditions governing the relationship between the Users (as that term is defined in Article 1.1) and Europe Factory. These Terms constitute a contractual agreement for an indefinite period as of acceptance by the User of this Agreement.

By visiting the Website, the User acknowledges having read the Terms and agrees to be bound by these provisions. If the User accesses the Website on behalf of a company or other legal entity, it is nevertheless personally bound by this Agreement.

Article 1 – Website Registration

1.1 Main terms definition

Unless they are defined in other sections of this Agreement, the terms and expressions beginning with a capital letter used below have the following meanings:

- "Buyer(s)" means any User wishing to be connected with a Supplier;

- "Buying Request(s)" means any service being subject to the initiative of a Buyer of advertising on the Website under the conditions of these Terms of Use and which this Buyer would entrust its execution to a Supplier;

- "Catalog" means the web page containing all the Products offered by a Supplier on the Website;

- "Supplier(s)" means any User offering Products on the Website;

- "Product(s)" means any product or service included in any project proposed by a Supplier on the Website; and

- "User" means any User visiting the Website.

1.2 Eligibility to the Service

To be eligible to the Service (as that term is defined in Article 2), the User may be an individual or a corporate body. If the User is an individual, he must have reached the age of 18 years and have full legal capacity. Assuming the User is a minor, he must have the prior approval of his legal representatives in accordance with legal and regulatory provisions.

By exception, to the preceding paragraph to register as Supplier on the Website, the User must be a registered professional as such in the register of commerce and companies, or any official equivalent to the french register of commerce and companies of a European Union member state of its juridisction and using the Website for the purposes of his business exclusively.

1.3 Account creation

Creating a member account on the Website is as appropriate a prerequisite for use of the Services (as that term is defined in Article 2) of the Website. It requires to complete the registration form available on the Website, providing accurate, current and complete information. This information will have to be, thereafter, the subject of regular updates by the User in order to preserve their accuracy.

Users expressly agree, unless otherwise stated, that all information contained in their member account profiles can be freely accessed by any User.

The User will have to choose a username consisted of a valid email and a password and must provide the following information: Profile type, Position (except for Aspiring entrepreneur profiles), Company (except for Aspiring entrepreneur profiles), Company commercial registration number (except for Aspiring entrepreneur profiles), First Name, Last Name, Address, Postcode, City and Country.

The access codes to the User account is strictly confidential. In case of unauthorized use of his account or any other breach of confidentiality and security of his identification, the User shall, without delay, inform Europe Factory.

Each User agrees to only create one account corresponding to his profile. Nevertheless, it is specified that a User can at any time turn his account in an account for both Buyer and Supplier, or activate one of these profiles.

Article 2 – Services

The Website allows the User to acces to the following including services (or the "Service(s)"):

  1. Access and consultation of Products on the Website and the Buyers directory ;

  2. Possibility to get in touch with Suppliers ;

  3. Possibility to post a Buying Request ;

  4. Possibility for Suppliers to publish a catalog of Products on the Website in accordance with the stipulations of the terms of publication ;

  5. Possibility for Suppliers to get their catalog of products or their profile filled in, and / or to get these elements translated by Europe Factory, according to the stipulations of the terms of publication ; and

  6. Possibility for a Buyer to subscribe to the Supplier search service (view terms).

1. Conditions of access, of consultation of the Products displayed on the Website, of the Buyers directory and the ability to facilitate relationships between Buyers and Suppliers

Access and consultation of online Products on the Website are opened to any User of the Website.

Access to and consultation of the directory of Buyers on the Website are not opened to the Buyers, as well as Suppliers who have subscribed to a Basic Offer only.

According to the User profile of the Supplier, creating a Buyer member account, and its validation by Europe Factory, is are a mandatory prerequisites to start online relationship with a Supplier.

As for a proper use of the Website, Users agree not to enter into negotiations with Suppliers without real intention to acquire a Product.

The Buyer having a member account, validated by Europe Factory, on the Website will be able to use internal messaging and chat available on the Website. He will also be able to publish anonymously or not, a rating and / or a review of a Supplier and / or a Product. It is stated that Europe Factory reserves the right to publish or not to publish or delete all or part of a review, a rating or a comment from a User on the Website.

2. Possibility to post a Buying Request

Buyers having a member account validated by Europe Factory have the possibility to publish anonymously or not, one or more Buying Request on the Website so as to be linked with one or more Suppliers. These Buying Requests will be displayed on the Website according to the terms parameterized by the Buyers.

Nonetheless, Europe Factory reserves the right to refuse or remove on its discretion any Buying Request.

Following the publication of a Buying Request on the Website, the Buyer will eventually be contacted by one or more Suppliers in the manner specified in the Buying Request, noting that Europe Factory remain third party in the relationship.

The Buyer has the option to withdraw at any time the Buying Request he published on the Website. Any abuse in the exercise of its rights will nevertheless be punished.

Article 3 – Use of the Services of the Website

3.1 Access rights to the Website

Europe Factory, under these Terms, grants Users a limited right of revocable access, nonexclusive, nontransferable to the Services for a strictly personal use. Any use of the Website contrary to its purpose is strictly prohibited and constitutes a breach of these clauses.

Use of the Website requires an internet connection and a web browser. To ensure proper operation of the Website, it is specified that the Website is optimized for:

- a screen resolution of 1280 × 768 pixels;

- the latest versions of Internet Explorer, Chrome, Firefox and Safari.

All hardware and software required to access the Website and use the Services are borne by the sole User.

Europe Factory reserves the right in particular to suspend or deny access to one or more Users to the Website.

3.2 Users obligations

Users are prohibited from:

  1. transmit, publish, distribute, save or destroy any material, especially content of the Website, in violation of laws or regulations concerning the collection, processing or transfer of personal information;

  2. disseminate data, information, or content that is defamatory, libelous, obscene, offensive, violent or inciting violence, or political, racist or xenophobic character and generally any content that is contrary to the laws and regulations force or morality;

  3. listing or linking to any content or information provided from the Websites of Europe Factory, unless express written agreement of Europe Factory;

  4. use of the information, content or data available on the Website in order to provide a service considered, at the entire discretion of Europe Factory as a Europe Factory competitor;

  5. sell, exchange or make money out of the information, content or data available on the Website or Service offered through the Website without the express written consent of Europe Factory;

  6. practice of reverse engineering, decompile, disassemble, decrypt, or otherwise attempt to obtain the source code related to any intellectual property underlying used to provide all or part of the Services;

  7. using software or manual or automatic devices, coding robots or other means to access, explore, extract and index any page of the Website;

  8. endanger or attempt to endanger the security of Europe Factory’s Website. This includes attempts to control, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorization;

  9. counterfeiting or use the products, logos, trademarks or any other material protected by intellectual property rights of Europe Factory;

  10. simulate the appearance or function of the Website, by example by mirror effect;

  11. disrupt or disturb directly or indirectly, the Europe Factory platform or the Services, or impose an unreasonable or disproportionately large load on the Website infrastructure or attempt to transmit or activate computer virus on or via the Website.

It must be noted that the violations of the security of the system or network can lead to civil and criminal prosecution. Europe Factory checks for such a violation and can call on the judicial authorities to prosecute, where appropriate, Users involved in such violations.

Users agree to use the Website in a fair manner, in accordance with its professional purpose and with the legal and regulatory requirements, and with these Terms and to the practices being in use.

Article 4 – Use of Website’s content

The entire content of the Website, including designs, text, graphics, images, video, information, logos, button icons, software, audio files and other belong to Europe Factory, which is the sole owner of all related rights of intellectual property rights.

Any representation and / or reproduction and / or partial or total use of content and services offered by Europe Factory, by any means, without the prior written permission of Europe Factory is strictly prohibited and would be likely to give rise to prosecution.

Article 5 – User Privacy

All personal data available to Europe Factory are collected legally and fairly.

This data is provided by Users who accept voluntary and expressly the present Terms authorizing Europe Factory to process, disclose or transfer such data to any third party so as to allow (i) the User to fully enjoy the Services and functions offered by the Website, (ii) prevent fraud and / or (iii) for statistical purposes.

To facilitate the use of the Website and customize the experience of the Website by the User, Europe Factory uses cookies and log files. The use of cookies can be disabled by changing the settings of the web browser.

The personal data is stored by Europe Factory on its servers for their treatment, as part of the use of the Services. They are kept as long as necessary for the provision of the Services and features offered by the Website.

The User still retains ownership of his information he sends to Europe Factory. He has, in accordance with the french Law No. 78-17 of 6 January 1978 amended by law No. 2004-801 of 6 August 2004, a right of access, rectification and deletion of his personal data and the right to oppose the disclosure of such data to third parties for valid reasons.

The User may exercise his rights by writing to the following address: contact [at] europefactory.eu or at the following postal address: 9, chemin du Rocher – Marcoussis (91460) – France.

A response to the User's request will be sent within 30 days.

Article 6 – Liability

6.1 Use of the Website

The role of Europe Factory is limited to the provision of services to Users.

The User is sole responsible for the consequences of use of the Website.

The User is obliged to ensure that his use of the Website complies with the legal provisions, regulations and the terms of the Website. Europe Factory gives no warranty to the User on the compliance of the use of the Website, that he is doing or planning to do, with the national or international legal and regulatory provisions.

The User is informed of the technical hazards and access interruptions that may occur on the Website. Consequently, Europe Factory can not be held responsible for delays or unavailability of the Services.

All information, advice and guides and any other data posted on the Website are not intended to constitute advice on the basis of which a decision could be taken by the User.

The User must not in any case take for granted such information and data from the Website but will independently verify by himself all this information and data, including the veracity and accuracy of the information contained in the profile of Users including when profile has been verified by Europe Factory, in the Catalogs or the Buying Requests. Europe Factory disclaims any responsibility for the faith placed by any User of the Website in data and information, or by anyone who may be informed of these data and information.

6.2 Conditions of connecting

Europe Factory only provides a mission of connecting Suppliers with Buyers. Europe Factory does not guarantee the reliability and seriousness of Suppliers and Buyers.

As a result, Users are required to organize between them the legal and financial terms of their relations they will be solely responsible. They will have to ensure compliance with legal and regulatory conditions. In addition, Europe Factory shall be in no case liable including:

1. the consequences of virtual or real meetings between Users following use of the Website;

2. terms of delivery and quality of Products;

3. failure by the Supplier or the Buyer of its legal obligations, regulatory or contractual;

4. damage of any kind incurred by the Buyer or any third party following the acquisition of Products; and

5. for any harm resulting from a fault of the User or an event caused by a third party or force majeure.

For all services offered on the Website, Europe Factory can in no way have the role of seller, knowing that the role of Europe Factory is limited to facilitate meetings between Suppliers and Buyers. More generally, Europe Factory remains third party to the acts concluded by the Users through the Website, and would not be responsible for the consequences of such acts in any way whatsoever.

In the rare event that a User would not be in the position to hold his obligations, the latter undertakes to take all necessary measures so that the image of Europe Factory will not be degraded, if not Europe Factory reserves the right to institute any action against this User in particular to preserve its commercial image.

6.3 Data

Europe Factory has no obligation to monitor data and content provided by Users or any obligation to delete content that would appear not manifestly unlawful, notwithstanding his description. Factory Europe does not guarantee the veracity and accuracy of this content.

The User agrees not to enter a content likely to prejudice public order or morality, causing protests from third party or contravene the legal provisions in force.

Accordingly, it is expressly agreed that if Europe Factory would be implicated in any capacity whatsoever, in any country whatsoever, by a third party on the basis of a particular law of industrial and / or intellectual property related to an element provided by a User, the User agrees to fully ensure Europe Factory direct and / or indirect economic and financial consequences (including procedure and legal expenses) arising from these claims.

It must be noted that the data published by the Users and the information shared by them can be captured and used by other Users or third parties. In this sense, Europe Factory does not guarantee respect for the property of these data, it falls to the User to take all necessary measures so that the property of his data is preserved.

The User must ensure that the data is sent to the Website and can not blame Europe Factory on any basis and for any purpose whatsoever the non-receipt or loss of transmitted data. The User then ensure to keep a backup of the data transmitted. In addition, once the member account of the User is closed, the User is informed by these terms that the data transmitted as well as all of the data generated will be destroyed by Europe Factory.

6.4 General provisions

In any event, Europe Factory shall in no event be liable for losses or indirect or unpredictable damage to Users or third parties, which includes in particular lost profits, errors or corrupt files or data, or loss of opportunity for any reason and on any grounds whatsoever to this Agreement.

Europe Factory could not be responsible for the delay or non-performance of this Agreement justified by force majeure, as defined by the jurisprudence of French courts and tribunals.

Article 7- Proof convention

Computer systems and computer files are authentic in relations between Europe Factory and the User.

Thus, Europe Factory could validly produce in any proceeding, as evidence data, files, programs, recordings or other items received, sent or stored by means of computer systems operated by Europe Factory on all digital media or analog, and invoke them unless obvious mistake.

Article 8- Indivisibility

The fact that any of the provisions of the Agreement is or becomes illegal or unenforceable shall not affect in any way the validity or enforceability of the remaining provisions of the Agreement.

Article 9 – Legal disputes

The conclusion, interpretation and validity of this Agreement shall be governed by French law, whatever the country of origin of the User or the country from which the User accesses the Europe Factory’s platform and notwithstanding the principles of conflict of laws.

In the event that these terms would be translated into one or more foreign languages, only the French text would prevail in case of dispute.

Any dispute concerning the validity, performance or interpretation of this Agreement which would be brought in front of the civil courts will be subject to the exclusive jurisdiction of French courts to which is expressly confered jurisdiction, even in case of summary judgment or multiple defendants.

The User is informed that he can in any case use a conventional mediation or any alternative dispute resolution (eg conciliation) in case of dispute.