Terms of the Service “ADVANCED SEARCH”

08/29/2017 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.

These Terms apply, without restriction or reservation and to the exclusion of all other conditions, to the Suppliers (as that term is defined in Article 1.1 of the Terms of Use) search service dedicated to Buyers (as that term is defined in Article 1.1 of the Terms of Use).

In the event that the Buyer would not be professional within the meaning of the Consumer Code and that this contract would be concluded at distance, the provisions of Article 9 hereof shall apply to him.

The Buyer acknowledges having the capacity to subscribe to the aforementioned service and have read these Terms and accepted them when asking online for the service by ticking the box provided, before validating his service request using the form provided for that purpose.

Article 1 – Terms of Service

1.1 Form

The Suppliers search service is restricted to individuals or a corporate bodies, who have reached the age of 18, have full legal capacity, and holds when the request is made online a Buyer or Buyer and Supplier member account as indicated in the Terms of Use.

The Buyer wishing to subscribe to the Suppliers search service will have to give various information (the "Form"), namely:

- Description of the need and scope of desired business field;

- Number of potential suppliers sought; and

- lead time.

The Buyer shall describe his needs as much detailed as possible to ensure the effectiveness of search providers.

The Buyer agrees that all information entered into the form and / or communicated by separate mailing to Europe Factory can be transmitted by any third party by Europe Factory, including any Supplier, for the execution of the purpose of these services.

The Buyer agrees to be contacted by any Supplier to analyze its needs. The Buyer authorizes Europe Factory to send contact information without prior notice at any Supplier.

The Buyer agrees not to enter a content likely to undermine public order or morality, causing protests from third party or contravene the laws in force.

Accordingly, it is expressly agreed that if Europe Factory would be impaired 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 the Buyer, the Buyer agrees to fully ensure Europe Factory direct and / or indirect economic and financial consequences (including procedure and legal expenses) arising from these claims.

1.2 Suggested Suppliers

Europe Factory is committed to offering a number of Suppliers corresponding to what is indicated in the Form.

In the rare event that Europe Factory finds itself unable to produce a number of Suppliers matching what is indicated in the Form, the Parties will get in touch to determine by mutual agreement and on good terms the follow-up to their contractual relationship.

As Europe Factory is ensuring only a role of search of Suppliers, it can not have the quality of seller of the services desired by the Buyer or employer of the Supplier.

Accordingly, the Parties agree that the legal and financial relations between the Supplier and the Buyer shall be freely agreed upon by them by common agreement to which Europe Factory remains third party. The Buyer is entirely free to conclude with the Supplier(s) suggested.

Europe Factory does not warrant the Buyer the financial solvency and seriousness of the Supplier. It is up to the Buyer to carry out all the necessary procedures to ensure the seriousness and reliability of the suggested Suppliers.

Article 2 – Price

The price is established by the Parties on estimate with regard to the Buyer needs.

Proof of payment is sent to the Buyer as soon as the payment is complete.

Article 3 – Payment terms

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 Terms of undertaken services

Europe Factory is only assuming a mission of facilitating relationships between the Buyer and Suppliers.

Accordingly, the Buyer is obliged to organize with the Supplier he has freely chosen legal and financial terms of their relations they will be solely responsible.

In addition, Europe Factory shall in no event be liable, including:

  1. the consequences of virtual or real meetings of Buyers and Suppliers following the subscription to this service;

  1. terms for the delivery of services by the Supplier;

  1. the quality and compliance of services provided by the Supplier;

  1. infringement by the Supplier of its legal obligations, regulatory or contractual;

  1. damage of any kind incurred by the Buyer in any performance of the Supplier; and

  1. for any damage resulting from a fault of the Buyer or an event caused by a third party or force majeure.

Europe Factory can in no way have the role of seller, knowing that the role of Europe Factory is limited to facilitate meetings between Buyers and Suppliers. More generally, Europe Factory remains third party to the acts signed by the Buyer and Suppliers, and would not be responsible for the consequences of such acts in any way whatsoever.

4.2 Data

The Buyer 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 Buyer then ensure to keep a backup of the data transmitted. In addition, once the member account of the Buyer 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.

4.3 General provisions

In any event, Europe Factory shall in no event be liable for losses or indirect or unpredictable damage to Buyers 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.

In any case, in the event that the Buyer is a professional in the sense of consumer law, responsibility for Europe Factory is limited only to the amount of services invoiced and actually paid by the Buyer.

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

The Bupplier 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 Buyer 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 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

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.

In the event that the Buyer is a professional in the sense of consumer law, it is expressly conferred jurisdiction, in the event that the dispute is brought in front of the civil courts, to the Tribunal de commerce of Evry.

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

Article 9 – Distinctive provisions for individuals

In the event that the Buyer is a consumer in terms of consumer law, the following provisions shall also apply to him:

9.1 Retraction

By accepting these Terms and Conditions, the Buyer expressly requests Europe Factory the immediate execution  of the provisions of these before the expiration of the withdrawal period and expressly waives his right of withdrawal. Accordingly, pursuant to Article L. 121-21-8 of the Consumer Code, subsection 1 and 13, the Buyer may not withdraw its undertaking given to Europe Factory.

9.2 Warranties applicable

Europe Factory guarantees, in accordance with the law and without additional payment, the Buyer against any defect or hidden defect, from a design or development flaw of this service.

To assert his rights, the Buyer will inform Europe Factory in writing of the existence of defects or lack of conformity of the subscribed service.

Europe Factory will refund or rectify or will have rectified as far as possible the defective judged service as soon as possible.

The possible refund will be made by crediting the bank account of the Buyer or by check sent to the Buyer.

Europe Factory warranty is limited to reimbursement of the subscription to the service actually paid by the Buyer. Europe Factory can not be held responsible for faulty or any delay or failure in the occurrence of a force majeure usually recognized by French jurisprudence.

9.3 Declarations

The Buyer acknowledges having received notice prior to placing the reservation, legible and understandable manner, of these Terms and all information and details mentioned in Articles L.111-1 to L.111-7 of the consumer code, in particular:

- The essential features of the service described in these Terms;

- The possibility of using a conventional mediation in case of disputes;

- The applicable guarantees;

- Information concerning the right to change and / or cancellation of the subscription to the service.

Placing an order on the Website implies acceptance and full acceptance of these Terms and Conditions, as expressly recognized by the Buyer, who waives in particular to invoke any contradictory document, which would be unenforceable against Europe Factory.