Terms of Service

Date of entry into force: 24 September 2020

1.1 Purpose

The certificat-gage.com site (hereinafter: the "Site") is intended to facilitate the transaction of a used vehicle to a private individual. The purpose of these general terms and conditions is to define the terms and conditions of use of the services offered on the Site (hereinafter: the "Services") as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time via a direct link at the bottom of the page of the Site. They may be supplemented, if necessary, by terms of use specific to certain Services, which supplement these general terms and conditions and, in the event of contradiction, prevail over the latter.

2. operator of the Site and Services, contact

The Site and Services are operated by the Optiweb company, whose contact details are as follows:

contact@certificat-gage.comm

Optiweb, registration number 12852675

20 Clifton Road, Unit 198, Telcom Business Centre

Blackpool, FY4 4QA

United Kingdom

3.Access to the Site and Services

The Site and Services are accessible:

-To any natural person with full legal capacity to commit under these general conditions. The natural person who does not have full legal capacity can only access the Site and Services with the agreement of his legal representative.

-To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.

4 Acceptance of the general terms and conditions

4.1 Acceptance of these General Terms and Conditions by Users who register on the Site is materialised by a tick box in the registration form.

For Users who have not registered on the Site, their use of the Site and/or the Services implies their acceptance of these general terms and conditions, without restriction or reservation.

4.2 Acceptance of these general terms and conditions can only be full and complete. Any membership with reservations is considered null and void. Users who do not agree to be bound by these general terms and conditions must not access the Site or use the Services.

5.articulation with the intervention and the general conditions of the payment service provider

5.1 Users are expressly informed and accept that all payments made through the Site are managed by an electronic cash collection service provider, a company registered as an electronic money institution, registered in Dublin (hereinafter: "PSP").

Users contract directly with PSP for the performance of such financial transactions by accepting the PSP Terms and Conditions which are annexed hereto and expressly referred to herein, acceptance of these Terms and Conditions in the manner set out in Article 4 hereby expressly constitutes acceptance of the PSP Terms and Conditions. In the event of any inconsistency between the PSP Terms and Conditions and these Terms and Conditions, the PSP Terms and Conditions shall prevail.

5.2 As part of the Services, Users shall transmit to PSP all their payment instructions through their Personal Area. Consequently, Users expressly mandate Optiweb to transmit said instructions to PSP, in their name and on their behalf.

5.3 As the implementation of the Services requires that of payments, Users are informed and accept that the refusal of PSP to accept the User's registration as a user of its own services, as well as the termination of the contract between a User and PSP, for any reason whatsoever, shall automatically and ipso jure result in the termination of this contract between Optiweb and that User and, consequently, the closure of the latter's Account. Conversely, the termination of this contract between Optiweb and a User will automatically and by operation of law result in the termination of the contract between this User and PSP.

6. Registration on the Site

6.1 To use the Services, the User must complete the registration form available on the Site.

The User guarantees that all the information he or she provides in the registration form is accurate, up to date and truthful and is not misleading. The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding as soon as it is validated.

7. Description of the Services

The User has access to the following Services, in a form and according to the functionalities and technical means that Optiweb deems most appropriate.

The purpose of the Site is to offer support in the context of the sale of second-hand vehicles between private individuals.

7.1 Securing the transaction

The site offers a bank cheque verification service, allowing the seller to secure the transaction. Verification is carried out by our teams directly with the issuing bank, provided that the user has sent us the necessary information.

7.2 Verification of the administrative situation of the vehicle

The site offers access to a simplified form, allowing the publication of certificates of administrative status.

7.3 Kit of documents

The site offers all the documents necessary for a successful vehicle sale, including :

The VO sales guide

Compulsory deer

These documents are sent by e-mail to the e-mail address indicated when ordering.

7.4 Assistance

The Site offers Users assistance by email regarding the use of the tools it offers.

7.3 Other Services:

The Site reserves the right to offer any other Services that it deems useful, in a form and according to the functionalities and technical means that it deems the most appropriate to provide the said Services.

8. Financial conditions

8.1 Prices

The prices of the Services are indicated on the Site. Unless otherwise stated, they are expressed in Euros and all taxes included. Optiweb reserves the right, at its own discretion and according to terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.

8.2 Price Revision

The prices referred to in the article "Prices" may be subject to revision by Optiweb at any time, at its discretion. The User will be informed of these modifications by Optiweb by any useful written means (and in particular by email) at least two months before the new prices come into force.

8.3 Invoicing The Services are the subject of invoices which are communicated to the User by any useful means.

8.4 Terms of payment

Payment is made by direct debit from the User's credit card number. The direct debit is implemented by the payment platform, which alone keeps the User's bank details for this purpose. Optiweb does not keep any bank details.

Access to the Services described in paragraph 7 is invoiced at €29.99 per month, after a 2-day trial period invoiced at €0.99.

The User guarantees Optiweb that he has the necessary authorisations to use the chosen method of payment. He or she undertakes to take the necessary steps to ensure that the direct debit can be carried out.

8.5 Payment delays and incidents

The User is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically, without prejudice to the provisions of the article "Penalties for failure to pay", result in the payment of the sum due on the day following the payment date shown on the invoice: (i)the forfeiture of the term of all sums due by the User and their immediate payability; (ii)the immediate suspension of the Services in progress until full payment of all sums due by the User; (iii)the invoicing to the benefit of Optiweb of late payment interest at the rate of 3 times (three) the legal interest rate, based on the amount of the totality of the sums due by the User and a fixed indemnity of 40 (forty) € for collection costs, without prejudice to additional compensation if the collection costs actually incurred are greater than this amount.

9. Cancellation

The user of the service has the possibility to cancel the subscriptions of services either from his account, or by contacting the Customer Support by email: contact@certificat-gage.com.

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day of the conclusion of the contract. You must send your communication before the 14 days’ cancellation period has expired and return the item.

EXCEPTIONS TO THE RIGHT OF CANCELLATION

the supply of goods or services made to your specifications or clearly personalized;

the supply of digital content which is not supplied on a tangible medium if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;

10. Right of withdrawal

Users expressly waive their right of withdrawal, which may not be exercised, in accordance with Article L.221-28 of the French Consumer Code, for Services provided to them upon registration and which are fully executed.

12. Convention of proof

The User expressly acknowledges and accepts :

(i) that the data collected on the Site and Optiweb's computer equipment is proof of the reality of the operations carried out within the framework of the present document,

(ii) that this data constitutes the main mode of proof admitted between the parties, in particular for the calculation of the sums due to Optiweb

The User can access this data in his Personal Space.

12. Obligations of the User

Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations.

12.1 The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. He is solely responsible for the proper completion of all formalities, particularly administrative, tax and/or social security formalities, and for all payments of contributions, taxes or duties of any kind that may be incumbent upon him in connection with his use of the Services. Optiweb may under no circumstances be held liable in this respect.

12.2 The User acknowledges that he/she has familiarised himself/herself on the Website with the characteristics and constraints, particularly technical, of all the Services. He is solely responsible for his use of the Services.

12.3 The User undertakes to make strictly personal use of the Services. Consequently, he shall refrain from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party in any manner whatsoever.

12.4 The User undertakes to provide Optiweb with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with Optiweb with a view to the proper execution of the present document.

12.5 The User is solely responsible for the content of any kind (editorial, graphic, audio, audiovisual or other, including the name and/or image that the User may choose to identify him/her on the Website) that he/she disseminates as part of the Services (hereinafter referred to as: the "Content") and guarantees Optiweb that he/she has all the rights and authorisations necessary for the dissemination of this Content. The User undertakes to ensure that the said Content is lawful, does not undermine public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is not in any way liable to give rise to Optiweb's civil or criminal liability.

The User thus refrains from broadcasting, in particular and without this list being exhaustive:

- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist,

- infringing Content,

- Contents that are detrimental to the image of a third party,

- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,

- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),

- and more generally Content that may infringe the rights of third parties or be harmful to third parties, in any manner and in any form whatsoever.

12.6 The User acknowledges that the Services offer him/her an additional, non-alternative solution and that this solution cannot replace the other means that the User may otherwise have at his/her disposal to achieve the same objective.

12.7 The User is informed and accepts that the implementation of the Services requires him/her to be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she alone is responsible.

13. User's guarantee

The User guarantees Optiweb against any complaints, claims, actions and/or demands whatsoever that Optiweb may suffer as a result of the breach by the User of any of its obligations or guarantees under the terms of these general terms and conditions.

The User undertakes to indemnify Optiweb for any prejudice that it may suffer and to pay all costs, charges and/or sentences that it may have to bear as a result.

15. Mandate

For the execution of the Services and during the use thereof, the User expressly authorises Optiweb to carry out, in his name and on his behalf, the administrative formalities, which he has ordered on the Site, with the administrations and organisations concerned.

17. Prohibited behaviour

15.1 It is strictly forbidden to use the Services for the following purposes:

- the exercise of activities that are illegal, fraudulent or that infringe the rights or security of third parties,

- breach of public order or violation of the laws and regulations in force,

- Intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,

- the sending of unsolicited emails and/or canvassing or commercial solicitation,

- manipulations intended to improve the referencing of a third party site,

- the use of the Site to disseminate information or links redirecting to a third party site,

- aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above,

- and more generally any practice that diverts the Services for purposes other than those for which they were designed.

15.2 It is strictly forbidden for Users to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Optiweb Site.

15.3 The following are also strictly prohibited: (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Optiweb's systems, (iii) any diversion of the Site's system resources, (iv) any action likely to impose a disproportionate burden on the Site's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of Optiweb or the users of its Site, and more generally (vii) any breach of these general terms and conditions.

15.4 It is strictly forbidden to monetize, sell or concede all or part of access to the Services or the Site, as well as the information hosted and/or shared therein.

17. Penalties for breaches

In the event of failure to comply with any of the provisions of these general terms and conditions or, more generally, of infringement of the laws and regulations in force by a User, Optiweb reserves the right to take any appropriate measures and in particular to:

(i) Suspend or resolve access to the Services of the User, who is the author of the breach or infringement, or who has participated in it,

(ii) delete any content posted on the Site,

(iii) publish on the Site any information message that Optiweb deems useful,

(iv) notify any relevant authority,

(v) initiate any legal action.

Consequently, any failure by the User to fulfil his obligations may lead, in addition to the consequences set out above, to the immediate cancellation of the present contract by Optiweb, by simple registered letter with acknowledgement of receipt sent to the User, the cancellation taking effect automatically on the day of receipt or first presentation of this letter.

17.1 Optiweb has no knowledge of the Content put online by Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it only acts as a hosting service provider. Consequently, Optiweb cannot be held responsible for the Content, the authors of which are third parties, any possible claim must be directed first and foremost to the author of the Content in question. Content that is prejudicial to a third party may be notified to Optiweb in accordance with the procedures set out in Article 6 I 5 of Law n°2004-575 of 21 June 2004 for confidence in the digital economy, Optiweb reserving the right to take appropriate measures.

17.2 Optiweb undertakes to carry out regular checks in order to verify the operation and accessibility of the Website. In this respect, Optiweb reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Optiweb cannot be held responsible for momentary difficulties or impossibilities of access to the Site due to circumstances beyond its control, force majeure, or due to disturbances in the telecommunications networks.

17.3 Optiweb does not guarantee to Users (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed solely for the benefit of a given User in accordance with his or her own personal constraints, will specifically meet his or her needs and expectations.

17.4 In any event, the liability likely to be incurred by Optiweb hereunder is expressly limited solely to proven direct damage suffered by the User. In any event, with the exception of bodily injury or death and except in the event of gross negligence or failure to fulfil an essential obligation hereunder, Optiweb shall not be liable to Users for the payment of damages and interest, of any nature whatsoever, whether direct, material, commercial, financial or moral, due to Users' recourse to the Services, for an amount greater than the amounts invoiced by Optiweb in remuneration for the Services that gave rise to its liability, at the time the alleged damage occurred. Optiweb's liability can only be engaged if Users have made a complaint, by registered letter with acknowledgement of receipt, within one month of the said occurrence.

18. Subcontracting

Optiweb reserves the right to use subcontractors in the execution of the Services.

19. Intellectual Property

The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) used by Optiweb within the Site are protected by all intellectual property rights or the rights of the database producers in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of Optiweb are strictly prohibited and may be subject to legal proceedings.

20. Authorisation to distribute the image

The User expressly authorises Optiweb to use his or her profile image for the purposes of illustration on the Site or promotion thereof, by any means and on any medium, for the entire world, for the duration of the User's registration on the Site. This authorisation is granted free of charge.

21. Advertising

Optiweb reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Optiweb shall be the sole judge.

22. Links and third party sites

Optiweb may under no circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) to which the User may have access via the Website. Optiweb accepts no responsibility for the content, advertising, products and/or services available on such third party websites and mobile applications, which are governed by their own terms of use. Optiweb is also not responsible for transactions between the User and any advertiser, professional or trader (including any partners) to whom the User is directed via the Site and may not under any circumstances be a party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

24. Commercial references

The User expressly authorises Optiweb to cite him/her and to use, where appropriate, the reproduction of his/her brand or logo as a commercial reference, particularly during events, in its commercial documents and on its website, in any form whatsoever.

24. Modifications

24.1 Optiweb reserves the right to modify these general terms and conditions at any time.

24.2 The registered User will be informed of these modifications by any useful Optiweb means at least before they come into force. If he or she has taken out a Subscription, the modified general terms and conditions will apply as from the renewal of this Subscription following their entry into force.

24.3 If he does not accept the modified general terms and conditions, he must unsubscribe from the Services in accordance with the terms and conditions set out in the article "Duration of the Services, unsubscription".

24.4 The modified general terms and conditions apply immediately to non-registered Users who use the Services after their entry into force. Non-registered Users are therefore invited to regularly consult the latest version of the general terms and conditions in force on the Site.

24.5 Any User who uses the Services after the modified general terms and conditions come into force is deemed to have accepted these modifications.

25. Language

In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.

26. Applicable law and jurisdiction

These terms and conditions are governed by English law.

In the event of any dispute as to the validity, interpretation and/or enforceability of these terms and conditions, the parties agree that the courts of Dublin shall have exclusive jurisdiction unless otherwise provided by mandatory rules of procedure.