General Terms & Conditions of Use
| MPmetal.com General Terms & Conditions of Use |
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Preamble MPmetal.com provides online services to its members in accordance with the terms of use given below. By submitting the application to become a member you agree to the provisions contained in these terms of Use. MPmetal.com reserves the right to modify these general terms and conditions of use at its own discretion and without prior notice. Members undertake to check for any modifications themselves and to notify MPmetal.com if they do not accept such modifications. This shall automatically lead to blocking of access to the service for that member without any right to claim damages. Members Only companies who may enter legally binding contracts with other companies under applicable law may become members of MPmetal.com. In order to guarantee the genuineness and security of transactions on MPmetal.com, all members must provide evidence of their legal existence where requested by MPmetal.com. The acceptance of new members or the exclusion of a member is subject entirely to the discretion of MPmetal.com which shall not be required to provide justification for its position. All members may use the site www.mpmetal.com to buy or sell and advertise their products or services under financial terms stipulated by MPmetal.com. There are two types of member. "Free Access" members These members have access to the site and may create their own product and user profile. They have access to on-line offers and requests and may enter freely into negotiations with other members and be kept informed of the progress of such negotiations using MPmetal Messenger. "Premium" members In addition to the above rights, these members are authorised to publish offers and requests under financial terms stipulated by MPmetal.com in the financial section of the website at www.mpmetal.com. On-line negotiations Members may conduct on-line negotiations directly on the website at www.mpmetal.com based on offers and counter-offers. Members undertake to provide accurate information about their own company and products in good faith and to update such information regularly. Members are solely responsible for the information provided. Members undertake to fulfil all commitments entered into as they may otherwise be accused of breach of contract by the other party. Members undertake not to offer products for sale other than those which they own or which they are legally authorised to sell. Members undertake to request products for which they themselves have a real need or on behalf of a company by which they have been duly authorised. Members undertake to reply to all e-mails received even where this is required to close an on-line negotiation. Members shall not take any action which is intended to obtain the identity of the other party. Each member may also decide to exclude another member from its current and any future negotiations. Whilst not accepting any legal responsibility, MPmetal.com shall act as a mediator and may terminate open negotiations or exclude one of the parties in the event that the rules are not observed. Fulfilment of an on-line contract The parties undertake to reach agreement on the principal elements of the contract, i.e.: 1- the object of the contract 2- the price 3- the conditions and method of payment 4- the delivery period. As soon as a transaction has been confirmed by both parties, it is no longer possible to cancel it. An electronic contract which shall include the above terms and conditions and the amount of commission payable to MP Métal shall be sent to both parties. The parties shall make an irrevocable undertaking to pay the commission due to MPmetal.com The parties shall also undertake to accept sole responsibility for fulfilment of the contract. No claims may be admitted against MPmetal.com for any damage relating to the fulfilment or non-fulfilment of the contract. Exclusion and termination of rights MPmetal.com reserves the right to prevent access to www.mpmetal.com either temporarily or permanently and shall not be required to cite its reasons. Should the case arise, MP Métal reserves the right to publish the name of any excluded company. This shall not give cause for any claim for damages on the part of the latter. Copyright MPmetal.com website, including but not limited to copyrights, trademarks, services marks, design... are owned by MPmetal.com. No reproduction, transmission or distribution of the copyrighted material from the site is permtitted without MPmetal.com's written permission. Waiver and disclaimer MPmetal.com does not warrant or garantee the adequacy, accuracy, usefullness or legality of any information contained on its Website. Governing law and juridiction By accepting these terms of use, the mmeber is entering into a legally binding contract with MPmetal.com. This contract is governed byt the french law and parties hereto agree to submit all and any dispute arising out or in connection with this contract to the exclusive juridiction of Metz (France). |