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Versión español
Legal TermsThanks for choosing DeViales.com ("DeViales"). Use of DeViales.com Web site (the "Site") and services it offers ("DeViales services" or "Services") is subjected to the fulfillment of this Agreement (the "Agreement") and all operation rule DeViales could publish in any moment. Before we activate your User Account we ask you to carefully read and agree to the terms and conditions of this Agreement which rule the Site use and the Services it offers. To the extend of this Agreement, "you" means the person who registers as User and every society or other kind of company or official entity indicated when registering. I. Registration 1. Services. DeViales is obligated to provide you with Services and guarantee your access to the Site only according this Agreement. DeViales is allowed to terminate this Agreement and your User Account in any moment ,with or without cause and without previous warning. You are able to use DeViales Services only internally. You are not able to use DeViales Services based on outsourcing agreements or any other similar way of representing third parties. 2. Agreement modifications. DeViales reserves the right to modify and complement this agreement according to its sole discretion in any moment, by means of the announcement of the new Agreement in the Site and a notification sent to you about the publication of a new Agreement in the Site. Continuous use of the Site after those changes have been published will be considered acceptance of the modified Agreement. 3. Users registration. Site use is available only for users who have registered in DeViales by means of the submition and DeViales acceptance of a Registration Form. DeViales reserves the right to verify all information submitted by possible users in the Registration Form or any other means. Acceptance of the User character is granted only to persons, societies and other companies and official entities or parties searching for products of the kind that is sold in the Site. DeViales reserves the right to reject registration by means of a notification sent to you. If DeViales accepts your registration you will receive a password for the Site and you will be considered User according to this Agreement. 4. Discharge. You agree that DeViales only provides a place for transactions for the sales performed through the Site, that DeViales does not acquire the ownership of the merchandise sold through the site nor its possession, that DeViales does not act as mandatory in the transactions performed through the Site nor is DeViales agent of any seller or purchaser. You also agree that the responsibility of evaluating the risk of a commercial transaction with any seller or purchaser is yours as User and that DeViales does not assume any responsibility for the acts or behaviour of sellers and purchasers nor for the payment or fulfillment of what is stated in the contracts celebrated in the Site. Since DeViales does not and cannot participate in the businesses performed by users, in case you have an argue with another User (whether he or she is a seller or purchaser) you release DeViales, its directors, managers, employees and agents of any responsibility as regards to every and each reclamation, demand and damage (direct and indirect, including attorneys fees) of all kind and character, known or not, acknowledged or not, presumed or not presumed, that could result from that argue or related to it somehow. II. User Information and its Publication 1. User Information. By means of the presentation of the Registration Form and during the use of the Site (including publication, sale, offer and creation of public electronic mail messages) you will transmit certain information to DeViales or other Users (such information is collectively known as "User Information" for the purpose of this Agreement). You commit to (1) assure that all User Information will be complete, accurate and precise when you supply it; (2) assume total responsibility for maintaining and actualizing your User Information when needed in order to keep it updated, complete and precise; (3) accept that you and not DeViales performs every and each declaration and guarantee included in the User Information. DeViales utilization of all User Information you supply is ruled by DeViales Privacy Norms. 2. Confidential information. You commit (1) to maintain confidential and not letting anyone know your password(s) or any other information about your account (the "Confidential Information"), (2) not to use your Confidential Information or any other User Confidential Information with illegal aims, (3) not to let third parties use your Confidential Information or any other User Confidential Information, and (4) to immediately notify DeViales if the Confidential Information is disclosed or jeopardized for whatever reason. 3. Publication in the Site. DeViales will provide sellers and purchasers with tools and instructions on how to publish merchandise for sale and offer them in the Site. All texts, graphics and images or videos you supply are included in the "User Information". You accept total responsibility for the content and context of all User Information you publish in DeViales. You guarantee and commit to, as long as you use the Site, you will not upload, offer, transmit or publish in any way via DeViales material or User Information (a) having threatening, harassing, obscene or profane character, (b) being or encouraging to criminal behaviour or acts that could be object of civil responsibility, or (c) containing viruses, worms, trojans or other computer programs intended to damage systems, data or personal information, or containing any kind of advertisements, or false, fraudulent or misleading indications. You guarantee and commit not to distort your affiliation with any other person or entity nor will you publish or distribute or take advantage in any other way information or other material obtained via Deviales with a commercial aim 4. Publication and Control. DeViales is able to reject publication or registration of any merchandise or lot of merchandises for sale (any of them, "Merchandise List") you have submitted, in any moment and at DeViales sole discretion. The Merchandise List has to fulfill the Norms settled by the Site. DeViales has the right, but not the obligation, to control, correct, reject to publish or remove in any moment, for any reason and its sole discretion, all material and content, including - among others - the User Information and the Merchandise List from any section of the Site. In spite of this right DeViales does not assume any responsibility for any of the materials Users publish. Control of the User Information and the Merchandise List is not aimed to verify the accuracy of the information included and Users should not count on that. 5. Services Suppliers. DeViales is able to celebrate contracts with third parties in order to provide Users with auxiliary services, v.g. financing, logistics and inspection. DeViales is able to offer Users the possibility of obtaining more services from third parties provided Users accept those service suppliers receiving their names, address and contact information (or any other information according what is indicated in the Site) and the Merchandise List for the purpose of sales or transactions with the User participation. When you indicate your acceptance to receive quotations or other services from a Site services supplier, you accept that your User Information will be send to that services supplier. If you contract a services supplier, the agreement will be celebrated exclusively between you and the services supplier, and DeViales will not be responsible for effective or presumed damages (including damages or looses during the transportation of the merchandises) resulting from your utilization of the products and services provided by third parties or from these services suppliers utilization and handling. III. Transaction in the Site 1. Just a Place for Transactions. The Site is only a place for transactions where registered sellers can sell published equipments and commercial merchandise or lots of these equipments and merchandises (Merchandise for Sale) and purchasers can ask for those merchandise.DeViales does not declare nor guarantee that: ·
Persons who use the Site thanks to a DeViales User Account Number (a) are authorized Site Users, (b) are not distorting their identities
or authorization to celebrate contracts and (c) are old enough and enjoy the necessary legal condition to celebrate contracts.
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The seller who is publishing the Merchandise for Sale in the Site can effectively perform the sale and do it and deliver the Merchandise for Sale to
the Purchaser.
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The purchaser who asks for the Merchandising for Sale can effectively perform the purchase and do it and pay the purchase price to the seller.
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The seller has described the Merchandise for Sale that was published in the Site in an accurate and precise manner. ·
The Merchandise for Sale exists or (a) is harmless, (b) has a certain quality, (c) does not violate any law or norm as regards to copyright or
(d) is free from mortgage, burdens or contractual reclamations that could be atrributed to the seller, or that the Merchandise for Sale can be sold or auctioned
by the seller or bought by the purchaser. · Sale or auction of the Merchandise for Sale complies with all legal requisites as regards to sale (or auction) and transportation including, among others, laws, norms or requisites of any country, state, province, municipality or other official authority or sales and auctions monitoring agency, exports and imports control, taxes, import tariffs, presence or license of intermediaries (collectively "Legal Requisites"). 2. Seller Behaviour. If you are offering merchandise for sale in the Site or through the Site you commit to comply with the following as well as with the Norms indicated in the Site for each kind of sale operation: a. Transaction Execution. If you submit to DeViales a Listed Merchandise in order to be published in the Site, you agree to perform a non revocable offer of selling the Merchandise for Sale to a purchaser who (i) in the case of a Market Sale, offers the Sale Price or more, or
(ii) in the case of a Traditional Auction, offers the higher price at the end of the term established for the list of Merchandise for Sale (the Listing Term) provided the
offered price is higher than the Sale Price you fixed
b. Inspection. As seller, you can allow the inspection of the Merchandise for Sale but you commit to allow the Purchaser (as defined previously) to inspect the Merchandise for Sale in a term of seven days after the Purchaser has been identified in the Site. c. Exclusive Listing. Once you have submitted a Merchandise List to DeViales, you commit not to sell or ask for offers on the merchandise described in the Merchandise List in any other way than by means of DeViales until the end of the Listing Term, unless you pay DeViales the Services Commission (as defined in the following paragraph). d. Commissions. DeViales charges a commission for the listing of each Merchandise for Sale and a service commission for each Interested Purchaser identified by means of the Site. The listing and service commissions are the ones DeViales sets in its moment (the "Listing Commission" and the "Service Commission") and are included in this Agreement only as a reference. All commissions are expressed in U.S. dollar. The payment term is 30 days since the effective transaction with the Interested Purchaser. e. Seller Contractual Conditions. As seller, you declare and guarantee as regards to each Merchandise for Sale that: (1) the Merchandise Listing you provide for the Merchandise for Sale is accurate and complete; (2) you are the owner of the Merchandise for Sale (or an intermediary authorized to sell the Merchadise for Sale) and the ownership is not subjected to pledges or any other impediment that could avoid the sale of the Merchandise for Sale; and (3) the payment of the Listing and Service Commissions will not cause any violation of laws, norms or rules that DeViales could apply. 3. Purchaser Behaviour. If you offer to buy merchandise published in the Site or by means of the Site you commit to behave as follows and respecting all the rules indicated in the Site that correspond with each kind of sale: a. Inspection. Some sellers allow purchasers to inspection the Merchandise for Sale before they offer to buy it. Before you offer to buy some Merchandise for Sale that can be inspectioned you can contact DeViales to obtain the contact information of the seller. You have the right to inspection the Merchandise for Sale in a term of seven days since the date you are identified as Interested Purchaser of that Merchandise for Sale. You agree that if you do not inspection the Merchandise for Sale you assume the risk of mistakes in the Merchadise Listing. b. Transaction Execution. If you use the Site to make purchase offers for a Merchandise for Sale you commit to consider every offer you make non revocable and, if the seller accepts it according to the rules that correspond with that kind of Sale, your offer will constitute a contract for the purchase of the Merchandise for Sale celebrated between you as purchaser and the seller of the Merchandise for Sale (DeViales will not participate in that contract). You commit not to distort your capability or intention to comply with the geographical restrictions settled by the seller and not to make purchase offers of Merchandise for Sale with restrictions preventing you to buy them. 4. User Behaviour.
As User you declare and guarantee that you are an authorized User according to this Agreement, with all the authorizations extended by your company that could
correspond, to offer, sell, buy, export, import or send Merchandise for Sale. As User you commit to: (1) comply all the applicable Legal Requisites;
(2) assume the whole responsibility for the fulfillment of all exports and imports contros as regards any transaction involving the Merchadise for Sale;
(3) comply all the laws, rules or norms as regards to declaration, perception, retention and payment of all taxes and tariffs applicable to sale, export and transportation
of the Merchandise for Sale; and (4) will not manipulate in any way offers or sale prices of Merchandise for Sale.
5. Taxes. You agree that DeViales does not assume any responsibility and that you assume the whole responsibility for the declaration, payment, perception and remit of all tax over the sale / use, value added tax, tax over transactions and transfers and any other tax or tariff applicable to sales or transactions performed by means of the Site or any other jurisdiction that could have tax authority over sales or transactions. You commit to defend, compensate and release DeViales from all responsibility for duties, damages and expenses that could arise from the User wrong declaration, payment, perception or remit of the taxes related with the transactions performed by means of DeViales, excepting those taxes over DeViales profits or equity or based upon them. IV. Responsibility 1. Exclusion of guarantees. You accept that you use the Site and its services at your entire risk. The Site, including its whole content, the merchandise listings, functions and information offered in the Site or obtainable by means of the Site, is provided with no declaration or guarantee of any kind, explicit or implicit, including, among others, no violation of laws or rights, ownership, commerciability or aptitude to certain purpose. DeViales does not guarantee that the Site or its functions will be timely, safe, uninterrupted or without mistakes, nor mistakes will be corrected. DeViales does not avail or guarantee in any way the Merchandise for Sale published in the Site or the transactions performed by means of the Site. No advising or information, written or oral, you could obtain from DeViales or by means of the Site will arise other guarantee than the ones explicitly granted in this Agreement. DeViales explicitly rejects responsibility for wrong declarations or acts of other Users. 2. Responsibility limits. DeViales will in no case be responsible for any special damage directly or indirectly related to the use or impossibility of using the Site, its materials or functions, including, among others, the loose of expected incomes or profits or the loose of customers or sales, even when DeViales or an authorized representative of DeViales has been noticed about the possibility of such a damage. 3. Compensation. You will compensate, defend and release DeViales, its directors, managers, employees and agents (collectively, the "Compensated Parties") from any responsibility regarding each and all reclamations, looses, damages, duties, sentences and commissions or expenses related to them (including, among others, attorneys fees up to a reasonable amount), in which may incur the Compensated Parties as regards to the reclamations resulting or derived from your acts of default or violation of this Agreement or the Site, or resulting from a dispute with another User. DeViales reserves the right to assume the exclusive defense and total control of whatever matter that otherwise would be object of compensation from you and you by no means will reach an extra-judicial agreement or dispose of the matter in any way without the written previous consent from DeViales. V. Miscelaneous 1. Trade Marks. The Site, its content and copyright (including, among others, authors rights, commerce brands and service brands) are owned by DeViales or were licenced to DeViales and all right, title and participation in them will continue being owned by DeViares and/or its licencing parties. You commit not to eliminate any trade mark or any other copyright that DeViales could have, including the User Information. 2. Links with Third Parties. For your convenience, the Site is able to provide links with third parties Web sites and services. You accept and agree that these third parties Web sites are not controlled by DeViales and that DeViales will assume no responsibility for damages or costs, effective or presumed, resulting from the use of the services or products available by means of links with Third Parties. 3. Representation. The relation between you and DeViales is an independent contractors relation. This Agreement is not aimed to create a relation of agency, society, joint venture, employer and employee or franchiser and franchised. 4. Applicable Law; Controversies Solution. This Agreement will be interpreted and ruled according to the laws of the province of Santa Fe, República Argentina, except from (i) dispositions related to conflicts between legislations and (ii) the United Nations Convention about international merchandise transaction contracts. To all legal effects resulting from the relation of the User with DeViales the pertinent jurisdiction will be the Ordinary Courts of Rosario, province of Santa Fe, República Argentina, explicitly disregarding any other jurisdiction that could correspond, including the Federal One. 5. Notifications. With the exception of what is explicitly indicated in contrary, all notifications will be sent by electronic mail (e-mail) and will be directed in the case of DeViales to: info@deviales.com, in the case of the User to the e-mail or postal address he or she has indicated in the Registration Form (or to any other address that is indicated in a written way). Notification will be considered delivered after 24 hours since the e-mail was sent, unless the remitting party is notified that the e-mail address is not valid, or, in the case of the postal mail, after 3 days since the message was sent. 6. General Dispositions.
If a competent Court considers that some disposition of this Agreement is not valid, such disposition will be complied in the best legal way in
order to fulfill the object of this Agreement, and the rest of it will continue being valid and effective. If a party is not exerting
any right or disposition contained in this Agreement does not imply renounce to that right or disposition. This Agreement constitutes
all agreement between you and DeViales and replaces all previous agreement or declaration, oral or written, as regards to its content.
All dispositions contained here related to declarations and guarantees, compensation, exclusion and responsibility limits are to
survive to the exctinction of this Agreement. Titles and headings are only references and are not aimed to affect the meaning and
interpretation of this Agreement. This Agreement has a bounding character and benefits the respective successors and heirs
of both parties, but you are not able to give it to any person without DeViales previous consent.
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