Terms of Publication

08/29/2017 version

Those Terms of Publication 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.

These Terms of Publication apply, without restriction or reservation and to the exclusion of all other conditions, the publication by the Suppliers (as that term is defined in Article 1.1 of the Terms of Use) of a Catalog (as that term is defined in Article 1.1 of the Terms of Use) on the Website.

These Terms of Publication apply without restriction or reservation and to the exclusion of all other conditions to the provision of the aforementioned publication service including when the service is provided free by Europe Factory.

The Supplier acknowledges having the capacity to subscribe to the aforementioned service and have read these Terms of Publication and accepted them by checking the box provided for this purpose before the implementation of the online publishing process.

Article 1 – Publication

1.1 Purpose of the publication

The Supplier agrees to hold full ownership of the Products he publishes in the Catalog or otherwise be authorized by the owner of the Product to publish such Product and enter into negotiations with the Buyers. When the Product relates to the production of a service or project, the actual realization and / or management of the project must be provided by the Supplier.

The Supplier agrees that the publication of a product on the Website does not contravene the rights of third parties in any way whatsoever.

Accordingly, it is expressly agreed that if Europe Factory would be impaired, including even in the event of a threat of action 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 on an element provided by the Supplier, the Supplier agrees to fully ensure Europe Factory direct and / or indirect economic and financial consequences (including procedural and legal costs) arising from these claims or threats of action. The Supplier will ensure Europe Factory defense, unless noted otherwise by the latter and will bear all costs related to the action.

1.2 Terms of publication

To publish a Product, the Supplier must complete the form provided for that purpose on the Website and fill in particular the following information: Name of the product / service / savoir-faire, Product description, Country of manufacture ...

The Supplier shall provide accurate and updated information regarding, inter alia, the description of the Product, its dimensions, its main characteristics or availability. This information should not be likely to undermine public order or morality, causing protests from third party or contravene the laws in force.

It is possible for the Supplier to add to its publication in maximum 4 photographs and / or 1 video of the Product, which he undertakes to hold full legal ownership. These photographs or videos must be of sufficient quality and also not susceptible to harm public order or morality, causing protests from third party or contravene the laws in force. Besides, it must be noted that in accordance with paragraph 3 of Article 1.1, the Supplier guarantees Europe Factory of any lawsuits or threats of action in any capacity whatsoever, in any country whatsoever, by a third party on the basis of a particular law of industrial property and / or intellectual relating to materials provided by the Supplier.

Europe Factory nonetheless reserves the right to refuse or remove any information at its discretion that may seem inappropriate or contrary to the spirit of the Website.

The information provided by the Supplier are under its own responsibility, it is therefore for the latter to verify the accuracy and report any errors immediately.

1.3 Website availability

Europe Factory strives to ensure the availability of the Website, 24 hours out of 24, 7 days out of 7.

Europe Factory assumes no liability in case of unavailability of the Website, at any time or for any period. The Supplier is notified of the technical hazards and access interruptions that may occur. Consequently, Europe Factory can not be held responsible for outages or slowdowns of the Website.

1.4 Supply of additional services

Europe Factory offers to Suppliers in addition to the Offers listed in Article 2 of these Terms, additional services which price and the principal terms of execution (timeframe...) are based on quotes matching the needs of the Supplier, including:

- the opportunity to get the Supplier User Profile and Catalog filled in by Europe Factory;

- translation of Products sheets in english.

It is specified as necessary that Europe Factory can not have, for all the above services, the quality of content editor. In addition, Europe Factory can not be held liable for claims of Supplier motivated by style shades.

Article 2 – The Offers

Three offers are available on the Website (the "Offer(s)") :

- a free offer (the "Basic Offer") ; and

- two paid offers (the "Gold Offer" and the "Platinum Offer").

Offers are subject to all provisions of these Terms of publication. The content of the Offers is listed here.

The Supplier shall select on the Website, the type of Offer which he subscribes. The choice of an Offer is under the sole responsibility of the provider, so it is for the latter to verify the accuracy of its subscription and report any errors immediately.

The subscription to an Offer by the Supplier will be considered final and access to relevant services will be available only after the sending to the latter of a confirmation of subscription by email and later for paid Offers, cashing the full subscription price.

The subscription by the Supplier to a paid Offer is for a period of 1 month or 12 months, depending on the Offer chosen, non-renewable tacitly. After this period, the account of the Supplier will be downgraded to a level corresponding to the Basic Offer, limitations related to this offer will then apply (see the comparison chart here) and in particular the limit of three catalog sheets. The three most recent sheets will be abled. All data will remain stored for 6 months from the end of the Offer and will not be available in case of subsequent subscription renewal within this period of 6 months, to a paid Offer. In the hypothesis that during his subscription the Supplier would like to delete all data concerning him, he must make a request via the contact form available in his profile.

Article 3 – Pricing Conditions

The Offers are sold at prevailing prices on the Website during the registration of the order. Prices are in euros, all taxes included.

VAT will be possibly due to Europe Factory under the applicable Community rules. Accordingly, the Supplier shall provide, on request by Europe Factory, accurate and real information about its legal and tax situation.

The prices include any reductions granted by Europe Factory on the Website. They are firm and not subject to revision during their period of validity as indicated on the Website, Europe Factory reserving the right, out this period of validity, to change prices at its discretion at any time.

An invoice is sent electronically by Europe Factory and sent to the Supplier when placing the order.

The price is payable through secured payment, as follows:

By credit card: Carte Bleue (CB), Visa, MasterCard, Maestro, American Express

Bank transfer

Payment data is exchanged in encrypted mode.

Europe Factory will not be required to make delivery of services ordered by the Supplier if he does not pay all the price within the conditions listed above. Payments made by the Supplier shall be considered final only after actual cashing of due amounts by Europe Factory.

Article 4 – Liability

4.1 Conditions of the undertaken services

The role of Europe Factory is limited to facilitate relationship between Suppliers and Buyers. Consequently, Suppliers and Buyers must agree all the legal, financial and material conditions of their relations they will be solely responsible and to which Europe Factory remains third party.

The Supplier shall be solely responsible for the conditions and consequences of the delivery or non-delivery of products. He will then have to ensure compliance with applicable laws and regulations and is assuming responsability for all disputes. Consequently, Europe Factory shall not be liable in particular for damages caused to the Buyer or any third party, directly or indirectly by the products and any faults or defects affecting those products.

Europe Factory does not guarantee to the Supplier the financial solvency and reliability of the Buyers.

Besides, the Supplier ensures Europe Factory of particular financial consequences arising from all claims, disputes claims or actions of any kind directed against Europe Factory in respect of damage caused to any person that is attributable to him in all or part.

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.

4.2 Data

The Supplier shall ensure the good sending of the data to the Website including within the translation services or the entry of data on the Website and can not blame Europe Factory on any basis and for any purpose whatsoever the non reception or loss of transmitted data. The Supplier 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.

It must be noted 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 property and / or intellectual related to an element provided by a User, the User agrees to fully ensure Europe Factory direct economic and financial consequences and / or indirect (including procedure and legal expenses) arising from these claims.

4.3 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 Terms of publication.

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

In any event, the responsibility of Europe Factory is limited only to the amount of the Offer or service, invoiced and actually paid by the supplier, targeted by any claim.

Article 5 – Data protection

In accordance with the Law No. 78-17 of 6 January 1978, it is reminded that personal data requested to the Supplier is required to process the order and to prepare invoices, in particular.

These data may be disclosed to any partners of the Supplier responsible for the implementation, processing, management and payment orders.

The Supplier has, in accordance with national and European regulations in force, a permanent right of access for modification, rectification and opposition of his information.

The Supplier 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

An answer to the request of the Supplier shall be sent to him within 30 days.

Article 6 – Intellectual property

The Website content is the property of Europe Factory and is protected by French and international laws on intellectual property.

Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.

Article 7 – Applicable law - language

These Terms of Publication and the resulting operations are governed by and subject to French law.

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

Article 8 – Legal disputes

In the event that a dispute over the validity, performance or interpretation of these Conditions of publication would be brought in front of the civil courts, it will be subject to the exclusive jurisdiction of the courts of the jurisdiction of the Cour d’Appel of Evry (France).