1. Presentation of the site.
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on trust in the digital economy, users of the www.medistock.fr website are informed of the identity of the various parties involved in its implementation and monitoring:
Accommodation : 52 Springvale, Pope Pius XII Street Mosta MST2653, Malta
Owner : MEDISTOCK - Z.I. du Carreau Rue du Carreau 69960 CORBAS
Creator : Adstrategy
The publication manager is a natural person or a legal entity.
Webmaster : Adstrategy
2. General conditions of use of the site and the services offered.
This site is normally accessible to users at any time. However, an interruption for technical maintenance reasons may be decided by www.medistock.fr, which will then endeavour to inform users in advance of the dates and times of the intervention.
The www.medistock.fr website is regularly updated by Adstrategy. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to become aware of them.
3. Description of the services provided.
The purpose of the www.medistock.fr website is to provide information about all the company's activities.
MEDISTOCK strives to provide as accurate information as possible on the www.medistock.fr website. However, it cannot be held responsible for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by third party partners who provide it with this information.
All the information provided on the www.medistock.fr website is provided for information purposes only, and is subject to change. In addition, the information on www.medistock.fr is not exhaustive. They are given subject to modifications that have been made since they were put online.
4. Contractual limitations on technical data.
The website cannot be held liable for any material damage related to the use of the website. In addition, the user of the site undertakes to access the site using recent, virus-free equipment and with a state-of-the-art browser.
5. Intellectual property and counterfeiting.
MEDISTOCK is the owner of the intellectual property rights or holds the user rights to all elements accessible on the site, including texts, images, graphics, logos, icons, sounds, software.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of : MEDISTOCK.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L. 335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability.
MEDISTOCK shall not be liable for any direct or indirect damage caused to the user's equipment when accessing the MEDISTOCK website, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
MEDISTOCK shall also not be liable for indirect damages (such as loss of market or opportunity) resulting from the use of the www.medistock.fr website.
Interactive spaces (possibility to ask questions in the contact area) are available to users. MEDISTOCK reserves the right to remove, without prior notice, any content deposited in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, MEDISTOCK also reserves the right to hold the user liable in civil and/or criminal proceedings, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).
7. Management of personal data.
In France, personal data are protected by Act No. 78-87 of 6 January 1978, Act No. 2004-801 of 6 August 2004, Article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995.
When using the www.medistock.fr website, the following may be collected: the URL of the links through which the user accessed the www.medistock.fr website, the user's access provider, the user's Internet Protocol (IP) address.
In any case, MEDISTOCK only collects personal information relating to the user for the purpose of providing certain services offered by the www.medistock.fr website. The user provides this information in full knowledge of the facts, particularly when he/she enters it himself/herself. It is then specified to the user of the www.medistock.fr website whether or not he/she is required to provide this information.
In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, rectification and opposition to personal data concerning him, by making his written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent.
No personal information of the user of the www.medistock.fr website is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the acquisition of MEDISTOCK and its rights would allow the transmission of this information to the potential purchaser, who would in turn be bound by the same obligation to store and modify the data with regard to the user of the www.medistock.fr website.
Databases are protected by the provisions of the law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
8. Applicable law and jurisdiction.
Any dispute related to the use of the www.medistock.fr website is subject to French law. The competent courts of Lyon shall have exclusive jurisdiction.
9. The main laws concerned.
Law n° 78-87 of 6 January 1978, notably amended by law n° 2004-801 of 6 August 2004 relating to data processing, files and freedoms.
Law n° 2004-575 of 21 June 2004 on confidence in the digital economy.
User: Internet user connecting, using the above-mentioned site.
Personal information: "information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of 6 January 1978).
11. Mediation of consumption.
In the event of a complaint, the consumer customer must first contact MEDISTOCK.
As a second recourse, he may apply to the Mediator of the National Council of Automobile Professions (CNPA) :
- by mail, using a referral form that can be downloaded from the Ombudsman's website, at the following address: Médiateur du Conseil national des professions de l'automobile (CNPA) - 50, rue Rouget de Lisle - 92158 SURESNES Cedex ;
- on its website www.mediateur-cnpa.fr
12. Provisions relating to Consumer Information and Protection.
Obligation to inform consumers about the mediation mechanisms available to them.
Article R.111-1, adopted pursuant to article L.111-1 of the Consumer Code, provides that:
Article: R. 111-1: "For the purposes of applying 4°, 5° and 6° of Article L. 111-1, the trader shall communicate to the consumer the following information [...] 6° the contact details of the competent consumer mediator or mediators to whom he/she belongs pursuant to Article L. 616-1. »
Indeed, since 1 January 2016, the trader must allow consumers to use a mediation mechanism in order to resolve any dispute amicably. This obligation results from Article L. 612-1 of the Consumer Code. In addition, in accordance with Articles L. 616-1 and R. 616-1, the trade, must mention on his website and commercial documents the name and contact details of the mediator to whom he belongs.
The Mediation Evaluation and Monitoring Commission has posted the list of mediators it has approved on the website : http//www.economie.gouv.fr/mediation-conso.
To date, only one professional organisation has an approved mediator for private individuals for the sale of new and used vehicles: the CNPA. This mediation system is open to non-member professionals.
The CNPA mediator can be contacted electronically www.mediateur-cnpa.fr under firstname.lastname@example.org, by e-mail email@example.com, or by post: the Mediator of the National Council of Automobile Professions - CNPA - Commission de la Médiation - 50 rue Rouget de Lisle - 92 158 Suresnes