The following terms and conditions apply to all users or advertisers of the www.ToutVendre.uk site (hereinafter referred to as "the Site").
By accessing or visiting this Site, you accept these General Terms and Conditions of Use and Sale. If you do not accept them, please leave the Site.
DAIKOZ may update the conditions defined herein at any time. We therefore strongly advise our Internet users to return to this site each time they visit.
Each of the terms mentioned below shall have the following meaning in these General Terms and Conditions of Use (hereinafter referred to as the "GTCU") and General Terms and Conditions of Sale (hereinafter referred to as the "GTCS"):
Ad: refers to all elements and data (visual, textual, audio, photographs, drawings) submitted by an Advertiser under its editorial responsibility, with a view to buying, renting or selling a good or service and published on the Website.
Advertiser: refers to any natural person of legal age (hereinafter referred to as the "Individual Advertiser") or legal entity (hereinafter referred to as the "Professional Advertiser") established in France (including the French overseas departments, excluding Mayotte and the COM) or abroad who has submitted and placed an Ad online via the Site.
Provider: means DAIKOZ.
Service: means the service offered by the Service Provider consisting of providing a service for hosting and distributing free or paid classified ads on the Internet, depending on the option chosen, to private individuals and professionals.
Gateway Service: refers to the service enabling Pro Advertisers to publish several Advertisements simultaneously and to automatically modify the content of these Advertisements.
Website: means the website operated by DAIKOZ accessible mainly from the URL www.ToutVendre.uk and enabling Users and Advertisers to access the Service described above via the Internet.
User: means any visitor who has access to the www.ToutVendre.uk Internet site and who consults the said Site, accessible from the various media offered by the Service Provider.
The purpose of the General Terms and Conditions of Use is to determine the conditions of use of the Service made available to Users and Advertisers via the Website.
The conditions for subscribing to paid options (hereinafter referred to as "Paid Options") are set out in the article "RATES - Paid Options" of these GCU and GTC.
All Users and/or Advertisers declare that they are aware that they must have Internet access with the provider of their choice, the cost of which is at their own expense.
All Users declare that they have provided the accurate, current and complete information required to use the Service and declare that they maintain and regularly update said information.
When registering online for the Service, the User will choose an identifier or account name and a password. The User remains solely responsible for maintaining the confidential nature of these elements. The Advertiser acknowledges that any connection to his Advertisements or his Account as well as any transmission of data from the latter will be deemed to have been made by the Advertiser.
In this respect, the Advertiser shall remain liable to DAIKOZ for all actions or operations that may be carried out using his login and password.
The Advertiser shall be solely and entirely responsible for any loss, misappropriation or use of Login Information and any consequences thereof.
Consequently, he is strongly advised to immediately inform DAIKOZ of any unauthorised or fraudulent use of his account via the "Contact Support" form in the "Help" section.
Any User may become an Advertiser and submit Advertisements for publication on the Website.
Intellectual Property
The Advertiser guarantees that he holds all the rights (in particular intellectual property rights) or has obtained all the authorisations necessary for the publication of his Ad and in particular the visuals provided (photographs).
The Advertiser guarantees that the Ad does not contravene any regulations in force (in particular relating to advertising, competition, sales promotion, use of the French language, use of personal data, prohibition of the marketing of certain goods or services), or any third party rights (in particular intellectual property rights and personality rights) and that it does not contain any message that is defamatory or harmful to third parties.
The Advertiser agrees to grant DAIKOZ free of charge, on a non-exclusive basis, for all languages, for the entire world and for the legal duration of the rights (including any extensions that may be granted), all intellectual property rights relating to the elements used for the composition of its advertisements (in particular texts, images, photographs, logos, illustrations, trademarks, models, titles, data) (hereinafter referred to as "the Elements").
These rights include the right to reproduce, represent, distribute, adapt, modify, translate and communicate to the public all or part of the Elements by any process, in any format and on any medium (digital, printed, etc.), whether known or unknown to date. The rights listed above are granted for the Site.
The Advertiser accepts that the information provided in his advertisements, including titles, descriptions and images..., may be used for the purposes of training artificial intelligence without any financial or other compensation. However, we undertake to respect the confidentiality of your personal data and not to share it with third parties without your express authorisation. This use of your data will contribute to improving the user experience on our platform and to offering new innovative services thanks to artificial intelligence technologies.
Availability of the good or product
The Advertiser undertakes to include in the Advertisements only available products/goods that it has. In the event that a product/good is unavailable, the Advertiser undertakes to remove the Ad from the Site as quickly as possible.
Content and distribution of the Advertisement
The Advertiser declares and acknowledges that he is solely responsible for the content of the Advertisements that he publishes and makes accessible to Users, as well as for any document or information that he transmits to Users.
The Advertiser assumes full editorial responsibility for the content of the Advertisements it publishes.
By posting any Ad, each Advertiser acknowledges and agrees that DAIKOZ may delete, at any time, without compensation or right to reimbursement of the sums incurred by the Advertiser for the purposes of its posting if the posting was not made free of charge, an Ad that is contrary to French law, to the rules for the dissemination of the Service and/or likely to infringe the rights of third parties.
All Advertisements are published as soon as they are placed online. The Advertiser is hereby informed and accepts that, for technical reasons, his Ad may not be published immediately after it has been placed on the Site.
The advertiser accepts the addition of a button for purchasing by secure payment in order to allow buyers to make secure payments. The buyer may refuse an offer by secure payment without charge or commission.
Creating and inserting hypertext links
The creation of any hypertext links to all or part of the Site is strictly prohibited without the prior written authorisation of DAIKOZ.
If a User wishes to create a hypertext link to the Site, whatever the medium, he must first contact DAIKOZ by sending an email via "Contact Support" in the "Help" section.
Any silence from DAIKOZ shall be construed as a refusal.
If an Advertiser wishes to insert a hypertext link in his Ad, the link must lead directly and solely to the Advertiser's Site. This insertion must also result in the insertion of a link to the www.ToutVendre.uk Site on the page pointed to by the Ad.
To find out how to do this, please go to the "Help" section.
Any link that does not meet these conditions must be withdrawn at the request of DAIKOZ.
In addition, the use of hypertext links set up on this Site to other resources on the Internet may lead to other servers over which DAIKOZ has no control.
DAIKOZ cannot be held responsible for the content, data, products and information offered through the sites to which hypertext links are made. In particular, DAIKOZ declines all responsibility for sites whose data does not comply with the legal and regulatory provisions in force.
Commercial canvassing and unfair collection
The use of data downloaded from the Website for commercial purposes or for distribution to the public is strictly prohibited, on pain of the criminal penalties provided for in articles 226-16 to 226-24 of the French Criminal Code, which punish the offence of unlawful collection of personal data.
Responsibility for the Description Generated by Artificial Intelligence
On our Website ToutVendre.uk, we offer a free AI Description generation service to help Users write attractive and relevant descriptions of their Ads. Although we have invested a great deal of time and effort in developing this innovative and useful Service, we expressly disclaim any liability for any direct or indirect consequences arising from the use of these AI Descriptions. You hereby acknowledge and agree that :
All users can search for available classified ads using several criteria. Searches display results in the sort order defined by the user. In the case of sorting by relevance, the search is based on the keywords most present in the title and description. Some of the keywords provided may therefore be ignored by the search.
The Service provided by DAIKOZ currently adapts to the Advertiser's situation. You will find below the pricing conditions according to your status, whether you are an Individual Advertiser or a Professional Advertiser.
The publication of one or more Advertisements on our Site is currently free of charge.
Publication of one or more Advertisements is free of charge if the Pro Advertiser uses the platform set up by our Site.
However, if you would like to set up something specific to what is offered on our platform, please contact us using the "Contact us" form, mentioning your request and its specific features.
In such a case, you will be offered a "Pay Option" via a quote.
Any acceptance of the quote by the Pro Advertiser implies acceptance of the price and therefore of the paying option.
Please refer to our partner's current price list.
Our partner assumes responsibility for user complaints relating to the use of its solution. In other words, all requests, complaints and disputes must be addressed to our partner. DAIKOZ cannot be held responsible for the use of the secure payment service.
DAIKOZ reserves the right to delete, without notice or compensation or right to reimbursement, any Advertisement that does not comply with the rules of distribution of the Service and/or that is likely to infringe the rights of a third party.
To this end, we advise you to consult the Site's "Distribution Rules" on a regular basis.
Each User may report any abusive content in an Advertisement on the Website by clicking on the "report abuse" link located on each Advertisement.
The texts, photos, images and sounds that make up this Site are the property of their creator. Any reproduction, in whole or in part, of this Site or of one or more of its components, and in particular the images, sounds, videos, photographs, logos, trademarks, graphic elements, in particular the texts, visuals, tools, software, documents, data, etc, (hereinafter referred to as the "Content") by any process whatsoever, without the express authorisation of its creator, is prohibited, and would constitute an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code.
The information, pictograms, photographs, images, texts, video sequences, with or without sound, and other documents accessible on this Site are subject to industrial and/or intellectual property rights and are, depending on the case, the property of the creator or of third parties who have given the creator or one of his subsidiaries limited authorisation to use them.
As such, any reproduction, representation, adaptation, translation and/or transformation, whether partial or complete, or transfer to another site is prohibited. Reproduction in whole or in part of any of these copyright items without the prior written consent of the creator is strictly prohibited.
This Content is made available to Users and Advertisers, free of charge, for the sole purpose of using the Service and in the context of normal use of its functions. Users and Advertisers therefore undertake not to modify this Content in any way.
Any use of the Content of the Website that is not expressly authorised shall constitute an infringement of copyright and an act of counterfeiting. It may also lead to a violation of image rights, personal rights or any other rights and regulations in force. It may therefore incur the civil and/or criminal liability of its author.
Users and Advertisers are prohibited from copying, modifying, creating a derivative work, inverting the design or assembly or in any other way attempting to find the source code, selling, assigning, sub-licensing or transferring in any way whatsoever any right relating to the Content.
DAIKOZ is the producer of the databases of the Service offered to Users. Consequently, any extraction and/or re-use of the database(s) within the meaning of Articles L 342-1 and L 342-2 of the Intellectual Property Code is prohibited.
DAIKOZ reserves the right to take legal action against any person who does not comply with the prohibitions contained in this article.
In its capacity as host, DAIKOZ is subject to a reduced liability regime provided for in articles 6.I.2. et seq. of law no. 2004-575 of 21 June 2004 on confidence in the digital economy.
DAIKOZ can therefore in no way be held responsible for the content of the Advertisements published by Advertisers.
DAIKOZ is a third party to the correspondence and relations between Advertisers and Users, and therefore excludes all liability in this respect.
DAIKOZ undertakes to use its best endeavours to provide the Service offered on the Site to Users and Advertisers.
DAIKOZ undertakes to carry out its service in accordance with the rules of its profession and in compliance with the laws and regulations in force, it being recalled that its service consists of hosting and distributing classified advertisements.
DAIKOZ is only bound by a simple obligation of means concerning the information it makes available to Users and Advertisers.
DAIKOZ shall not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular in the event of disruption of the Service, external intrusion, downloaded viruses or damage to hardware or software resulting from the use of or visit to this Site. Consequently, it is the responsibility of Advertisers to take all necessary precautions to preserve the Advertisements published by them via the Service.
DAIKOZ may not be held liable for any errors or omissions, or for any results that may be obtained from the use of the information contained on this Website. In particular, the use of hypertext links may lead you to other websites over which DAIKOZ has no control.
DAIKOZ uses its best efforts to make its Website available 24 hours a day, 7 days a week, regardless of scheduled maintenance.
Access to the Site and the Service is provided on an "as is" basis and is therefore accessible depending on availability.
In this respect, access to the Site may be temporarily interrupted for maintenance, updates or technical improvements, or to develop its content and/or presentation without the interruption giving rise to any obligation or compensation on the part of DAIKOZ.
In general, DAIKOZ may not incur any liability as a result of non-compliance by Users or Advertisers of the Site with these GCU.
DAIKOZ shall only be liable for direct damages suffered by the Advertiser, resulting from a breach of its contractual obligations as defined herein. The User and/or the Advertiser hereby waives the right to claim compensation from DAIKOZ on any grounds whatsoever for indirect damages such as loss of profit, loss of opportunity, commercial or financial loss, increase in overheads or losses originating from or resulting from the performance hereof.
Each User and Advertiser is solely responsible for any damage caused to third parties and for the consequences of any claims or actions that may arise therefrom.
The User and/or Advertiser also waives any recourse against DAIKOZ in the event of proceedings brought by a third party against him/her as a result of the use and/or illicit exploitation of the Service, and in particular in the event of loss by a User or Advertiser of his/her password or in the event of usurpation of his/her identity.
DAIKOZ may not be held liable on any of the following grounds:
DAIKOZ reserves the right, at any time, to modify, temporarily or permanently interrupt access to all or part of the Service and/or the Site.
DAIKOZ will then make its best efforts to inform the User of any interruption it becomes aware of.
It will not be liable for the consequences of any modification, suspension or interruption of the Service.
DAIKOZ may not be held liable in the event of suspension or interruption of the Service due to another operator or service provider; or a fortiori in the event of force majeure.
DAIKOZ reserves the right to change its prices at any time. Price changes are immediately applicable to any new Order. For Services in use, in the event of a price increase, the Customer will be informed by e-mail with thirty (30) calendar days' notice.
DAIKOZ reserves the right to modify, at any time, all or part of the TOU and/or the GTC. In this respect, Users and Advertisers are invited to consult these GCU regularly in order to take note of any changes made.
Use of the Site by Users and Advertisers constitutes their acceptance of the changes made to the GCU and GTC.
DAIKOZ shall not be liable to the User or Advertiser for failure to comply with its obligations in the event of force majeure. In the event of a force majeure event, such event shall have the effect of suspending the performance of DAIKOZ's obligations for the duration of the event.
A case of force majeure is considered to be any external, unforeseeable and irresistible event preventing the normal performance of the service provider's obligations, within the meaning of the latest French case law on force majeure.
In accordance with the French Data Protection Act of 6 January 1978, all Users and/or Advertisers have the right to access, modify, rectify and delete their personal data (Art. 34 of the French Data Protection Act).
To exercise this right, you can either :
The automatic processing of nominative data carried out by the Site has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under no. 1485247.
When using our partner's secure payment service, personal data (surname, first name, email address) will be transmitted to this partner in order to contact you and ensure the security of the transaction.
We invite you to consult our privacy policy.
In the event that any of the terms of the General Terms and Conditions of Use or Sale are deemed illegal, invalid or unenforceable by a court decision for any reason whatsoever, the provisions in question shall be deemed unwritten, without affecting the validity of the other provisions which shall continue to apply between Users and/or Advertisers and DAIKOZ.
The GCU and GTC are governed by French law.
In the event of a dispute, the User and/or Advertiser and DAIKOZ undertake to act in good faith towards each other and to favour, in any event, an amicable settlement of the dispute.
In the absence of an amicable settlement between the Parties, any dispute or contestation that may arise between the User and/or the Advertiser and DAIKOZ shall be within the exclusive jurisdiction of the Court of the registered office of DAIKOZ, even in the event of a third party claim, incidental claim or multiple defendants.