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1 – General Terms and Conditions Application
The following General Terms and Conditions apply only to operations conducted in the scope of SamDeal’s Site.
The following General Terms and Conditions of use (“General Terms” or the “Agreement”) of SamDeal describe the General Terms and Conditions applicable for the use of our available services under the domain http://www.samdeal.com and its sub-domains (“the Site”) and the general principles common to SamDeal’s sites.
It is possible to add ads with the Classic Ad Format in the categories of other categories for that purpose. The General Terms and Conditions for use and the Specific Terms for use for the Classic Ad Format apply to the specific service offered by SamDeal.
If there are contradictions between the Specific Terms for use and the General Terms and Conditions, the Specific Terms for use will apply to the Classic Ad Format. If you do not agree with the Specific Terms for use, you may not, under any circumstances, use this service. Changes to these Terms will be displayed, each time, on the Specific Terms for use page. We recommend you visit that page on regular basis.
Any modification will be made by the publishing of a new version of the General Terms and Conditions on our Site. The modifications take effect 30 days after their publication on the Site or at any other time specified in the notification or when sending an e-mail to the clients that asked for it. No exemption to these General Terms and Conditions is allowed except by writing and with the signature of a new contract between you and SamDeal.
2 - Definitions
By CONSUMER, we mean any physical person or enterprise that acquires or uses, for non professional means only, items or services offered on the web Site.
As a Consumer, the client thus has specific rights that would be challenged in the case where items or services acquired through the web Site would, in fact, be related to his professional activity.
By PROFESSIONAL, we mean any person that does not fit under the definition of Consumer given here-above.
Article 3 – Closing of Online Sale
The services and items catalog as well as their description on SamDeal’s Site do not constitute an offer as such.
It is therefore, not enough to complete an order form on SamDeal’s Site to have a sale’s contract formed. The sale will definitively be closed only after receiving the confirmation e-mail.
For the safety and sureness of the client, SamDeal reserves the right to request additional information and to cancel the order if the answer is not appropriate or if SamDeal considers the information on hand to be insufficient.
SamDeal can also refuse orders when it appears that the buyer has the intention of reselling SamDeal’s services.
The client cannot invoke his lack of knowledge of the language used in the General Terms and Conditions and other articles to claim the non-application of one or many terms.
4 – Registration Terms
Our services are reserved for persons legally able to subscribe to binding contracts. Our services are not available to minors (less than 18 years of age), to persons put under interim administration and to persons for which their account has been temporarily or permanently suspended. Minors can use our services only under the supervision of their parents or legal guardian. If you do not comply with these terms, you cannot use our services. Your SamDeal account (including your evaluation profile and comments) cannot be transferred to a third party under whatever form it may be. If you register as a company, you have to declare that you have the authority to bind the company within the scope of these General Terms and Conditions.
For your registration to become effective, you must choose a User Name and a Password. You will be responsible for all operations executed with your User Name and Password, and you will need your User Name and Password to use the Site. You have to take all appropriate measures to protect your Password, and you cannot divulge it to third parties. Also, you cannot authorize another person to use, directly or indirectly, your User ID and Password.
5 – Commissions and Services
Registration to the Site is free. We charge fees for the options of sale on the Site. When you propose an item on the Site, you always have the possibility to evaluate the fees you will be charged to use our services. Our fees are shown in the section fees for sale by reference to the present General Terms and Conditions. We reserve the right to modify our policy for fees for sale and our fees. The modifications are applicable 15 days after their publication on the Site. We also reserve the right to modify temporarily this policy and our services fees, i.e. for a promotion (free offers day). The temporary modifications take effect as soon as the promotion is put online on the Site. Promotions do not apply to items already for sale on the Site. If SamDeal launches a new service, the fees for this service are immediately applicable.
All prices are shown in Euros. By the followings, you accept to get SamDeal’s invoices electronically.
You are responsible for all taxes and commissions resulting from the use of our services and our Site. SamDeal shall not be liable for any taxes on the transactions executed on the Site. SamDeal brings to your attention the fact that the VAT can be applied to your transactions, especially if you sell items on a regular basis. Should the occasion arise, you may be subject to the payment of other taxes and social costs. We recommend you talk to a tax consultant for further advice on the subject.
6 – SamDeal is only an Online Support and Has the Legal Quality of a Technical Intermediary
6.1 Role of SamDeal
Our SamDeal’s Site is only an online support and has the legal quality of a technical intermediary within the meaning of the law on e-commerce.
It allows the registered users to propose for sale, to buy or to sell almost any legal items, anywhere, anytime, in different manners and for different prices. We do not control the items put up for sale by the users, we never take possession of the items proposed on the Site, and we do not intervene in transactions between buyers and sellers. We do not award the items put up for sale. We only host the content of the sale ads put online by the sellers (texts, images, etc.). Consequently, we have no control over the quality, the safety or the legality of items listed, or over the truthfulness or not of the ads put online, the capacity of sellers to sell said items or the capacity of buyers to buy said items. We do not guarantee the legality of the transactions. You are solely responsible for the legality of your acts.
6.2 Forbidden Items
It is forbidden to propose, sell, buy or auction items on the Site that are not legally authorized or not in accordance with regulations.
If you find an item that could be illegal, we thank you for immediately bringing it to our attention. In the interest of SamDeal’s community and according to the precautionary principle, we will see to it that it is rendered non-available and we will inform the authorities as we are bound to do by the law on e-commerce.
Before adding your item, we recommend you look at SamDeal's directives concerning forbidden and restricted distribution items in order to verify that your item can be sold on SamDeal. These advices and directives are there to help you negotiate safely and legally on SamDeal. Any violation of these directives and advices will have one or more of the following actions undertaken:
• Cancellation of the ad
• Restrictions of the privileges linked to the account
• Termination of the account
• The upholding of SamDeal’s fees and commissions for canceled ads
• Loss of the VIP status
• Referral to public authorities or owners of intellectual property rights
For your protection, some items, even if legal, are not authorized (“forbidden”) because they almost always break the laws of copyright or trademark.
6.3.Liability Waiver
In case of claim or litigation arising from the use of our services, you relieve SamDeal of all liability, and you will have to take care of all damage, losses and cost claimed from SamDeal. Moreover, you will pay for legal and defense fees that SamDeal would have incurred because of the litigation.
6.4. Information Control
We do not control the information supplied by the users. SamDeal is not responsible for actions or omissions of the users, you bear the risks of every transaction.
7 – Bidding and Buying
Only registered members can bid and buy on the Site. As a buyer, you have the legal obligation to complete the transaction with the seller:
o when you buy an item for a fixed price ; or
o when you have made the highest bid at the end of an auction (the bid being equal or greater than the minimum price established by the seller, including any bid which becomes the highest when another bid has been legally withdrawn) and when your offer has been accepted by the seller unless said item is illegal or contrary to these General Terms and Conditions.
In the abovementioned cases, the buyer has the obligation to complete the transaction with the seller unless said transaction is illegal or contrary to these General Terms and Conditions. If you bid on an item, you accept to conform to the sale conditions mentioned in the description of the item, in so far as they are not illegal or contrary to these General Terms and Conditions.
8 – Fraudulent Actions
Without excluding another means of appeal, SamDeal can hold or terminate your account if we suspect you are engaged or will be engaged or are implicated in any shape or form in fraudulent activities on the Site.
9 – Manipulation
You cannot manipulate the price of an item or interfere with ads of other users. You cannot (a) bid on an item you are selling or get another person to do it for you, (b) contact bidders on an item to offer them similar items, (c) make a bid or pay an item under a false User Name.
10 – Confirmation of Order
Contractual information will be confirmed by e-mail.
11 – Prices for Ads
Prices for services are shown all taxes in, no freight-out. Fees are displayed in the basket according to the information supplied by the client.
12 – Payment
The total price has to be paid when you order. Never, at any time, the amount paid will be considered as deposits or down payments.
To pay your order, you have at your disposal the payment means stated on the purchase order: bank cards, bank payments or bank transfer.
You guarantee to SamDeal that you have all the required authorizations to use the payment mean chosen at the purchase order registration and, more particularly, if you are under age, parental approval is mandatory.
SamDeal reserves the right to request a photocopy of you ID card and/or bank justification.
SamDeal reserves the right to hold or cancel any request for an ad, whatever its nature and execution level in case of default in payment (or nonpayment) of any amount due.
Any new order can be hold in case of lateness of a payment for a previous order and this, notwithstanding these terms.
13 – Waiver Right
The services available online or by downloading at SamDeal are not submitted to waiver right since they are directly accessible after receipt of the payment.
14 – Proof of Transaction
The records saved in SamDeal’s computer systems and/or of its financial intermediaries with reasonable secure conditions will be considered as proof of communications, orders and payments that occurred between parties.
The purchase orders and invoices are filed on a reliable and durable medium that can be produced as proof.
The photos and texts showing and describing the items on SamDeal are non contractual and are intended only as information. SamDeal assumes no responsibility in case of errors or omissions in the photos or texts on SamDeal since the content of the ads is not controlled by SamDeal.
Under any circumstances will SamDeal be held liable for damages, direct, indirect, incidental, special, consequential, or of any nature arising from the items, their use, download, sale or simply their presence on SamDeal.
16 – Force Majeure .
SamDeal will do all that is possible to fulfill his obligations but cannot be held responsible for a disruption of services due to circumstances beyond its control.
17 – Private Life Protection and Confidentiality
SamDeal has established a clear and precise policy in this matter.
19 – Protection of Data
When issuing an order, you agree that SamDeal can process and use the data collected from your purchase order.
You can obtain a copy of the data we hold that concerns you by sending us a written request. If some of the data we hold that concerns you are incorrect, it will be corrected upon a written request on your part.
20 - Breaches
Without excluding other avenues of recourse, we reserve the right to send you an immediate warning, to temporarily or permanently suspend your registration, to terminate it and to stop supplying our services in the following cases: If you violate these General Terms and Conditions or the member behavior charter, (b) if we are incapable to verify or authenticate the information you supply, or (c) if we think that your actions are susceptible to engage your liability, that of our members or SamDeal’s.
21 – No Guarantee
SamDeal gives no guarantee for a permanent, uninterrupted or without risk access to its services. Our web Site and our services are proposed as they are. Consequently, we exclude, within the limits of the law, all guarantees, conditions or other dispositions including conditions of know-how and of access to the service.
22 – Relations between Parties
SamDeal on one hand, and you on the other, are independent parties, each acting on its behalf and for itself. These General Terms and Conditions are not intended to and do not create a binding subordination, a mandate, a joint venture, a joint enterprise, employer/employee or franchisor/franchisee relations between you and SamDeal.
23 – Applicable Law and Court of Competent Jurisdiction
The contract is governed by the laws of Belgium.
Each party gives exclusive competence so that all litigation be submitted to the competence of the courts of Brussels (Belgium). SamDeal reserves the right to opt for other competent courts if it deems it appropriate.
Member Behavior Charter
A member is any user benefiting directly or indirectly of the services or data bases put at disposal by SamDeal.
Members can use SamDeal’s services for legal, personal, non political and non commercial ends.
Members can consult existing databases only for a potential purchase via SamDeal.
A member is obliged to respect the applicable laws when he transmits SamDeal’s data through SamDeal’s network, he notably commits to not send or post unsolicited messages with data contained in SamDeal’s Site.
The member forbids himself to commit actions of piracy or “hacking” against SamDeal’s system or any other system directly or indirectly present on or via the Internet.
It is forbidden to use SamDeal’s services for any action that would have the effect of:
- Illegally access data on connected networks.
- Damaging the good operation of SamDeal’s service or jeopardize the usage or the capacity of the performances for other members, notably by generating an unjustified large amount of traffic.
- Damaging or destroying the integrity of the data.
- Violating, intentionally or not, directly or not, any applicable national or international law or regulation.
- Collecting and storing personal data pertaining to other users
- Modifying his results, notably from evaluation and/or certification tests
- Consulting, posting, transmitting or downloading any content that would be contrary to applicable laws, harmful, threatening,
abusive, constituent of harassment, defamatory, threatening someone’s private life or more generally reprehensible.
- Falsifying or suppressing any mention relative to the author, any legal mention as well as any other mention of rights of property or relative to the origin or source of the software or any other element contained in a file which is downloaded or uploaded to a server.
- Publishing, posting, re-broadcasting even on a private network, transmitting by e-mail or by any other means to a file server, distributing or disseminating data contained in SamDeal’s web Site.
- Making deep links or using any other process that would alter the visit to SamDeal’s web Site.
- Giving access to SamDeal’s web Site to a third party by one’s account. SamDeal cannot be held responsible for infractions committed by third parties or by the member through its services.
SamDeal cannot be held responsible for infractions committed by third parties or by the member through its services.
The member, by using SamDeal’s services, accepts the general conditions of use of the Site.
SamDeal invites its members to inform the Publication Manager any error or any illegal content that would be available from its Site in order for SamDeal to take all necessary and appropriate measures to correct and/or erase this information or render it inaccessible.
You recognize and accept that SamDeal can suspend or cancel the access and utilization of its Site for any member contravening to this “member behavior” charter.
SamDeal reserves the right to report to the competent authorities members that would break the dispositions of the Belgium law.
Mentions Relative to Royalties and Trademarks
1. General
SamDeal gives you a limited, not transferable, license to use its Site according to these Terms and Conditions relative to royalties and trademarks.
You can only use its Site to consult its items list for a potential online purchase.
Access to the Site gives you no right on the intellectual property rights relative to the Site which stays in the exclusive property of SamDeal or its assigns.
2. Data
Elements accessible on the Site, notably in the form of texts, photographs, images, icons, sounds, videos, databases, and data are protected by intellectual and industrial property rights and other rights owned by SamDeal or that SamDeal has been authorized to reproduce to operate its Site.
No part of the Site can be interpreted as implicitly giving a form of license or an authorization to use any trademark presented on our Site without the written authorization from SamDeal or from the third party owning the trademarks shown on our Site.
3. Trademarks
SamDeal and other product names and/or SamDeal’s services referred to in these, are either brands or trademarks registered by SamDeal.
Other product or company names mentioned here can constitute the trademarks of their respective owners.
4. Usage of the Site
Except as otherwise explicitly provided in this document, you cannot, in no circumstances, reproduce, represent, modify, transmit, publish, or adapt, on any medium it may be, by any means it may be, or operate by any means it may be, all or parts of the Site without prior written authorization from SamDeal.
SamDeal expressly keeps all rights not expressly given by these to the User, who will not be able to claim the usage or benefit.
An operation not pre-authorized by SamDeal, for whatever reasons, of all or parts of the Site will be subjected to legal action, notably an action for infringement of a patent.
Insertion of hypertext links to any part of the Site can be forbidden by SamDeal.
For more, SamDeal refers you to its charter.
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