Rules

Ad quality control and validation policy

Key points to ensure the publication of your ads

  1. Is your ad for one piece of equipment only?
    Each advertisement should offer one piece of equipment per ad only. You may specify that more than one is available, if identical (same make, model and year) but no separate descriptions may be given in the same ad. You may say, for instance, "Two available".
    We make exceptions for certain sections such as:
    > Spare parts (ex : tractor alternator and starter...).
    > Storage equipment (ex : storage kit including 3 chambers with ventilation system...).

    Please note : It is possible to offer sets of equipment (tires, wheels…) in one ad but there can only be one global price for the set. Individual pricing is not allowed.

  2. Was my ad placed in the right section?
    All ads must be placed in the appropriate section.
    Please make sure your ad cannot fit in one of the existing sections before placing it in "Other Equipment".

    Please note : Some sections or sub-sections might be missing in our site. In this case you may use the « Other » sub-section available in each section.
  3. Did you fill out all mandatory fields?
    All mandatory fields in bold must be filled in.

    Please note : Fill in all fields (even optional ones) the best you can. An ad with more details draws more attention and gets more clicks.

  4. Give a proper description of your machine
    Comments in your ad must bring additional information concerning the equipment for sale and cannot contain:
    > Web site, forum or blog addresses.
    > Advertising or special events information (promotions, open house …).
    > Any other sales or wanted ads (« also for sale …»).

    Please note : If you are not a professional organization you may indicate your email address in the description.
  5. Are your photos appropriate?
    The main photo of the ad must only represent the machine on sale. This photo can be followed by non-contractual pictures as drawings, technical sheets or other specifications but only as secondary ones.
    Pictures extracted from websites or leaflets are subjected to certain laws and have to be used with the owners' agreement.
    A picture cannot be used in any case on 2 or more different ads.
    A logo on the bottom right side of the picture is "tolerated" providing it does not hide the equipment and does not take a too big importance on the picture.
    Advertising or communicating events on the pictures is forbidden.

    Please note : Ideally, provide a photo representing an overall view of your equipment along with several other photos showing specific views or parts (cab interior, rear view, used parts…).

  6. What about new equipment ads?
    Our Internet site also contains advertisements for new machines, separate from secondhand machines.
    > Hours => If the equipment was used less than 20 hours, it must be placed in the section "New equipment".
    > Photos => A photograph is mandatory and must correspond to the machine in the seller's fleet. (no pamphlet photos).
    > Availability => Must be available.
    > No price information in the comments or on the photo.
  7. Can very particular equipment be placed for sale?
    If an ad does not correspond to any of our « other » sections, it must be placed in « Miscellaneous equipment / Other equipment » or “Miscellaneous ».
    If an ad does not fit in our site’s fields of interest, it will be denied.
    We only accept ads that can be used in a professional environment and not in a domestic environment.
    Collector tractors are considered collector items if their manufacturing year is prior to 1976.

    Please note : If the brand of your equipment is not listed in our site you can add it by clicking on the « New brand » button.
  8. How to publish a wanted ad correctly?
    The ad title must be clear, descriptive and cannot contain a company’s name.
    The ad cannot contain sales offers or services.
    Advertising a product, a company or a service is prohibited.
    No mention of email addresses, instant messaging addresses or web addresses will be accepted.
    The ad must only concern one piece or type of equipment.

  9. www.adsusedmachinery.com may delete yours ads at any time, at its sole discretion.
    www.adsusedmachinery.com can suspend your account at any time, at its sole discretion

    Please note : Be as specific as possible on your search criteria in order to increase your chances to find a seller.

 

GENERAL TERMS AND CONDITIONS


INTRODUCTION AND DEFINITIONS

The use of any products, software, services or Internet sites (hereafter referred to as "Services" or "Service" if referred to in the singular) belonging to www.adsusedmachinery.com is hereby governed by the terms of this binding agreement between the User ("User") and the company www.adsusedmachinery.com collectively referred to as the "Parties"

The User means any person or legal entity bearing the legal authority to enter into such an agreement and in compliance with relevant French legislation and who intends to purchase or use free of charge or for a fee the Services provided by www.adsusedmachinery.com

The Services provided by www.adsusedmachinery.com allow the User to place and consult small advertisements ("Advertisement" or "Advertisements") which offer for sale various goods (equipment, vehicles, …). Other complementary services are also made available to the User (see article 3.3).
The Services provided by www.adsusedmachinery.com are made available on Internet Sites owned by www.adsusedmachinery.com, at the following addresses: www.adsusedmachinery.com,

The purpose of these Terms and Conditions "Terms and Conditions" is to define the general rules and policies of use and sale which govern the contractual rights and obligations between the Parties.

www.adsusedmachinery.com reserves the right to publish new Internet Sites whose User Terms and Conditions would be governed by the same purviews outlined in these Terms and Conditions.

1) ACCEPTANCE OF TERMS AND CONDITIONS

In order to use the Services, the User agrees to be bound by these Terms and Conditions without any restriction or exception. The Services may not be used without prior acceptance of the Terms and Conditions.

The User accepts these Terms and Conditions by :

a Click indicating acceptance of the Terms and Conditions, when this option is available on the User pages of the Site.
simple utilization of the Services. In this case, the User recognizes and accepts that use of the Services will be deemed by www.adsusedmachinery.com as full and complete acceptance of these Terms and Conditions.
www.adsusedmachinery.com reserves the right to modify all, or part of, and at any time, these Terms and Conditions. It is therefore incu
ent upon the User to refer regularly to the latest version of these Terms and Conditions when connecting to the Service.

2) LANGUAGE USED FOR TERMS AND CONDITIONS

All translations of the Italian language version of the Terms and Conditions into other languages are provided for informational purposes only. Th Italian language version of the Terms and Conditions alone constitutes the legal basis governing the relationship between the Parties.

Should contradictions appear between provisions of the Italian version and those in any of its translations, the Italian version’s provisions shall prevail.

3) SERVICES PROVIDED BY www.adsusedmachinery.com

3.1) DESCRIPTION OF PRODUCTS AND SERVICES

The Internet Sites of www.adsusedmachinery.com allow the User to :

Post and/or view Advertisements on the Sites www.adsusedmachinery.com and, contingently, on Sites belonging to partners of www.adsusedmachinery.com (depending on the type of option selected).
Choose the option of placing the same Advertisements in "paper" trade magazines.
Order personalized Dealer Internet Sites mirroring the Advertisements already listed by www.adsusedmachinery.com.
Access to ancillary services when placing ads
Gain access to other complementary services offered by trade partners : (mechanical warranties, financing, shipping services, rentals, etc.).
Access to the advertisements posted on these sites is open to private and professional viewers.

3.2) USING THE SERVICES

3.2.1) POSTING AN ADVERTISEMENT

The Advertisements are to be written (in English) by the User. In order to avoid any disputes, www.adsusedmachinery.com urges the User to verify the Advertisement as soon as it becomes viewable. www.adsusedmachinery.com has no editorial control over the Advertisements posted on its Services, and is responsible only for compiling and listing the Advertisements viewable on its Sites. www.adsusedmachinery.com does not guarantee the accuracy of the Advertisements published on its Sites, and can in no case be held liable for the content, or absence of accuracy, pertaining to the information in any ads found in the Advertisement placement Service.

The User places an Advertisement by completing and confirming the data entry form provided by the Internet Sites (heading “place an advertisement”). By confirming the form, the User agrees to the immediate registration of the Advertisement.
Inasmuch as Advertisements are registered immediately upon confirmation, the User recognizes that he/she may not retract from this action. The Advertisement may be deleted but will not be reimbursed.
For those offers providing indefinite listing periods, the User shall regularly confirm that the product is still available for sale .
Should the product be sold during the listing period, the User agrees to immediately delete the Advertisement.
3.2.2) SUBSCRIPTION CONDITIONS – DURATION – TERMINATION

A subscription is allotted for a period of one (1) year and will be automatically renewed by tacit agreement upon expiry date.

In the case of tacit renewal, it is understood between the Parties that at the time of renewal, the User has made him/herself aware of any increase in fees and has accepted such increases.


Furthermore, www.adsusedmachinery.com reserves the right to terminate any User subscription which fails to respect any provisions of these Terms and Conditions.

www.adsusedmachinery.com may delete your ad at its sole discretion.

www.adsusedmachinery.com may cancel your account at its sole discretion.

www.adsusedmachinery.com can charge, or not, its advertising services, in its sole discretion.

www.adsusedmachinery.com can change rules at any time, without notice, so you should check back often to Regulation.

www.adsusedmachinery.com can change a free service, in a paid service, at any time, and without warning.


3.2.3) FEES - PAYMENT TERMS – FEE MODIFICATIONS

FEES

The cost of placing an Advertisement as well as subscription fee rates are available on request from www.adsusedmachinery.com can change a free service, a paid service, at any time, and without warning’s sales department.

Unless specified otherwise, all fees are stated in Euros.
PAYMENT METHODS

FORMS AND CONFIRMATION

The sales proposal, which also serves as an order form, is sent directly to the User who requests it.

An invoice or receipt is automatically returned to the User once the signed order form and relevant payment have been received by www.adsusedmachinery.com can change a free service, a paid service, at any time, and without warning.

www.adsusedmachinery.com will confirm the opening of an Advertisement account, or an order, upon receiving the signed order form and relevant payment. Confirmation of any order indicates immediate acceptance of these Terms and Conditions.

PAYMENT METHODS

As to the ad subject to payment once all details have been entered, payment by credit card is accepted through a so called secure payment process .


Payment by bank transfer is accepted. Payment by bank transfer must be done to the account of ,www.adsusedmachinery.com, specifying the order number as the reason for the bank transfer.

Payment by direct debit is accepted. The User must provide www.adsusedmachinery.com with a signed direct debit order as well as his/her full banking coordinates.
FEE MODIFICATIONS

Fees may be modified yearly. An increase adjustment ranging between 3 and 5 percent may be applied between January 1st and March 31st of each year.

3.3) OTHER SERVICES

All credit plan offers, insurance policy plans, and/or specific warranties such as the payment guarantee appearing on the Internet sites belonging to www.adsusedmachinery.com constitute offers from partners of www.adsusedmachinery.com, partners who are specialized financial companies, insurance companies and other specialized agencies. These partners agree to communicate to the User all contractual terms relevant to their services and offers, as defined in related general and specific terms and conditions, and in compliance with all applicable legal time limits and stipulations.

Accordingly, www.adsusedmachinery.com cannot be considered an authorized insurance company or broker, financial or lending company, and is not party to the contracts the User may enter into with these partners.

Consequently, www.adsusedmachinery.com cannot be held liable for contracts agreed upon between the User and partners of www.adsusedmachinery.com.


4) INFORMATION PROTECTION AND SAFETY

4.1) RESPONSIBILITY

www.adsusedmachinery.com will do its utmost to maintain its Services in proper working order.

The User understands that, despite www.adsusedmachinery.com’s best efforts, Internet constitutes a network with specific technical aspects which prevent www.adsusedmachinery.com from being able to guarantee perfect and regular access to the Service, response times, or the absolute safety of data transmission.

Overall, the User understands that the information and the Services provided on the Sites belonging to www.adsusedmachinery.com:

May potentially be interrupted due to reasons of force majeure, or to other acts outside the realm of www.adsusedmachinery.com’s control or responsibility
May contain technical or human errors
May lead to isolated cases of loss of data
Therefore, www.adsusedmachinery.com shall be held harmless for any damages which may occur from the User’s use of the Services or from any eventual impediment in connecting to the Services.

www.adsusedmachinery.com shall not be held accountable, directly or indirectly, in any transaction not covered by the general provisions of the Swiss Civil Code of Law

4.2) SAFETY OF PASSWORDS AND ACCESS CODES

The passwords and access codes which are issued to the User in order to gain access to the Services and Sites belonging to www.adsusedmachinery.com are personal and confidential. The User is solely responsible for his/her password and access code. The User agrees not to divulge them in any way to any third party.

In the case of loss or theft of a password, or if the User discovers that the passwords and/or other codes are being used by a third party, the User shall immediately contact www.adsusedmachinery.com

In this event, the User will be asked to modify his/her password by clicking on the appropriate panel in his/her account management space.


www.adsusedmachinery.com shall not be held liable for the use of passwords and access codes by third parties.

4.3) PERSONAL DATA, PROTECTION OF PRIVACY

In compliance with the legal obligations it is subject to in Swiss,

www.adsusedmachinery.com undertakes that :

Personal information will not be collected without the User’s knowledge;
Personal information will not be used for reasons other than those specified.


Furthermore, www.adsusedmachinery.com may access and collect personal information from its commercial partners. This information will also be treated in total compliance with current legislation.

4.4) INTELLECTUAL PROPERTY

All data and information found on the Internet Sites of www.adsusedmachinery.com are protected by Swiss and international legislation relative to copyright and intellectual property. All reproduction rights are reserved, and the contents of these sites may not be reproduced. This includes all downloadable documents, graphics and photographs.

Accordingly, and in conformity with legislation relative to intellectual property, only private and personal use is permitted unless otherwise stipulated by other, or more restrictive, provisions of intellectual property laws.

The User is not permitted, other than for strictly personal use, to copy, reproduce, transfer, sell, publish, or exploit in any way or distribute in another format, electronically or otherwise, any information available on the Sites belonging to www.adsusedmachinery.com. Consequently, any other use shall be considered intent to counterfeit and is subject to punishment under copyright law, unless otherwise authorized by www.adsusedmachinery.com.

5) RESPONSIBILITIES OF THE PARTIES

5.1) USER RESPONSIBILITIES

The user guaranties that the information mentioned on his/her ads :

Is neither false, inaccurate nor misleading ;
Is not fraudulent and does not propose the sale of counterfeit or stolen goods;
Does not violate any copyright, brand or patent laws, nor interfere with fabrication secrets, intellectual property laws, publishing rights or personal privacy rights ;
Does not violate any laws or regulations (including, but not limited to, those governing exportations, consumer protection, unfair competition, discriminatory practices, or misleading advertising);
Contains no defamatory, slanderous or libellous content ;
Includes no obscene or pornographic content ;
Contains no viruses, electronic codes, files or programs designed to interrupt, damage or illicitly intercept any computer system, information or personal data.
www.adsusedmachinery.com reserves the right to reject, purely and simply, and without requirement to provide motive, any Advertisement in which the characteristics, wording, or general presentation appear contrary to www.adsusedmachinery.com’s moral and commercial interests. www.adsusedmachinery.com may be sole judge of this and with no other obligation than to reimburse the User for amounts advanced after deduction of www.adsusedmachinery.com’s expenses incurred for listing.

Furthermore, the User undertakes to guarantee, compensate and remedy www.adsusedmachinery.com can change rules at any time, without notice, so you should check back often to Regulation for any damages, loss, loss of profit, lawsuits, costs and expenses incurred in the event its responsibility is engaged by a third party subsequent to the listing of an Advertisement that violates the dispositions contained in these General Terms and Conditions.

The User undertakes to engage his/her best endeavour and full cooperation to ensure that www.adsusedmachinery.com’s services operate smoothly.

5.2) RESPONIBILITY OF www.adsusedmachinery.com

The User recognizes and accepts that www.adsusedmachinery.com, in respect to the terms outlined herein, can only be held accountable for its due care. The User also recognizes that no one entity or person can guarantee that Internet will always function smoothly. www.adsusedmachinery.com cannot be held responsible for any indirect damages, incidents or consequences due directly or indirectly to the use of the Services or the impossibility of being able to use them, and especially for any slowdowns, interruptions or transmission errors, or loss, alterations or disappearance of data, for virus contamination, loss of profit, loss of business or loss of a deal.

The Advertisements which appear on site are written and posted on line under the sole responsibility of their respective authors. www.adsusedmachinery.com rejects all responsibility as to the exactness or accuracy of the Advertisements.

The User accepts that the information made available for viewing may be incomplete or limited, and that it is up to the User to verify all information before entering a transaction, and particularly before entering into a final contract to sell or purchase.

www.adsusedmachinery.com does not monitor a User’s capacity to sell the goods or services announced nor does it monitor a buyer’s capacity to purchase such goods or services. www.adsusedmachinery.com does not in any case guarantee finalizations of sales contracts with either dealers or with non-professional parties, for any goods, new or used, whatsoever. www.adsusedmachinery.com cannot verify the quality, working order, the safety, dangerousness, authenticity, general condition, or conformity of the goods listed and therefore cannot be held responsible on these points.

www.adsusedmachinery.com shall be held harmless in the event a sale is interrupted, or if the price is not paid by the buyer, or if the equipment is not delivered. Furthermore, www.adsusedmachinery.com does not guarantee the buyer’s solvency or good faith, nor his/her general ability to purchase the goods in question.

Accordingly:

It is up to the seller to ensure that the buyer is solvent, and if necessary demand a money wire transfer.
It is up to the buyer to verify the identity and good faith of the seller as well as the existence of the equipment being sold.
www.adsusedmachinery.com provides a "Report a Problem" page (hypertext link found on the right side of the equipment description page) and which posts the contentious situations it has been contacted about and for which it urges the User to exercise caution. This page is not legally binding and may be incomplete and the User recognizes that he/she may encounter a contentious situation not mentioned on this page and for which www.adsusedmachinery.com shall not be held liable.

6) SEVERABILITY – GOVERNING LAW AND ASSIGNMENT OF JURISDICTION

6.1) SEVERABILITY

If one or several provisions of the General Terms and Conditions were rendered invalid for any reason, the remaining provisions would not be affected or impaired thereby.

6.2) LAW AND JURISDICTION

These Terms and Conditions are subject to Swiss law.

In the event of claims or dispute between www.adsusedmachinery.com and a tradesperson, the Commercial Court of LUGANO shall have sole competence to preside, notwithstanding multiple defendants or guarantee appeal, even in the case of urgent proceedings or conservatory procedures of a summary nature or by petition.

Notwithstanding the elements above, www.adsusedmachinery.com shall be entitled to apply for all conservatory measures, injunctions and any other emergency measures to the appropriate jurisdictions.

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INDUSTRIAL TRADE SUISSE Sagl

Piazza Cioccaro 46900 Lugano
Cod. Azienda CH-501.4.014.357-1
Office Tel. +41 091 9105060 Fax +41 091 9105 065