General Terms and Conditions governing the use of the online services provided via the Website “myscrapmachine.com”
1. Identity of the Website operator and service provider
The following legal information is provided to the client prior to the provision of services:
a) Name of the service provider / web site editor: MSM SA (hereafter “MSM”)
b) Legal form: joint stock company under Luxemburg law
c) Address and registered office: 15, Hauptstrooss L-9753 LUXEMBOURG
d) E-mail address: email@example.com; firstname.lastname@example.org
e) Website: www.myscrapmachine.com (hereafter the “Website” or „Platform”)
f) Company number / VAT number: B230767 / LU30841833
g) General Terms and Conditions of Sale and Service: see below
h) Available languages of the General Conditions: EN
i) Contractual clauses concerning the law applicable to the contract or the competent jurisdiction: see Article 25 of the General Terms and Conditions
j) Purpose of the provision of the service: see Article 3 of the GTC
k) Insurance: [professional liability]
2. Acceptance of the General Terms and Conditions
2.1. The present General Terms and Conditions (hereafter “GTC”) apply fully and irrevocably to all offers, orders, order confirmations, deliveries, services and contracts concluded between the User and MSM via the Platform, whether they are free, subject to a charge or requiring the creation of a customer account.
2.2. The GTC apply to the exclusion of all other general terms and conditions, including those that the Customer/Supplier may propose, unless MSM has given its prior written consent. They are applicable to the relationship between MSM and any professional customer / User, referring to legal entities (e. g. commercial companies) as well as to natural persons having the status of trader. The Platform offer is not accessible to private customers or individuals.
2.3. MSM reserves the right to modify the GTC according to procedure highlighted under article 20 of the GTC. MSM recommends that the User consults the GTC on a regular basis, or even before each Website visit.
3. The Platform’s services
3.1. Users may use the Platform to view and/or submit advertisements (in this second case, the Users will be referred to hereinafter as "Advertiser(s)") relating to the rental or sale of any type of machine likely to be found in a scrap yard (hereinafter “the machine(s)”). Thus, by way of not exhaustive example, advertisements may be published on the Platform relating to presses and/or shears, handling equipment, accessories or parts relating to these machines, etc.
4.1. With the help of advertisements, Users can publish their offers, prices, delivery and contract conditions, as well as other relevant information about their offers on our Platform.
4.2. The Platform provides an online assistant, as well as various tools, thanks to which Users can independently create, manage and remove their advertisements. Only if the entire content of the advertisement and all the predefined mandatory fields have been completed the advertisement can be placed online. Otherwise, the User will receive an error message asking him to complete the missing information and details.
4.3. Machine(s) advertised can be new, used or display. As regards new machines, these must already be manufactured when the advertisement is posted. Advertisements can only concern existing machines and not machines yet to be manufactured.
MSM strictly refuses to allow advertisements to be posted for orders for machines to be manufactured and not yet existing at the time of the advertisement.
4.4. The Advertiser is required to explicitly indicate on the data entry form whether the advertisement relates to a new, used or display machine. New or display machines cannot be advertised in the group for used machines.
5. Advertiser’s obligations
5.1. The Advertiser is solely and exclusively liable for all acts and omissions in connection with the published advertisements, including all texts, data, photographs, videos, messages or other content placed on the Website. Also, all information provided in the context of the advertisements (such as availability, characteristics of the machines, data, addresses, etc.) as well as their correctness, completeness and up-to-datedness are the exclusive responsibility of the User.
5.2. The Advertiser is required to provide only the technical data concerning the machines in question. It is forbidden to include keywords or lists of keywords. It is forbidden to use dummy data in the fields provided for the technical data.
5.3. The Advertiser is required to use only photos of the machine in question. It is forbidden to use a dummy image or company logo as a "photo to insert". It is also forbidden to use photos taken from a catalogue if they are covered by third-party intellectual property rights.
5.4. Only the machine concerned must be described in the advertisement. It is forbidden to place the reference of other products, such as consumables or other, for example. The Advertiser assumes full responsibility for videos uploaded or offered through a link, especially on the YouTube Platform.
5.5. The Advertiser is required to provide its name and address when providing its contact information. The Advertiser must provide a valid email address and accepts that its email address will be used by MSM to notify requests in relation to its advertisements.
5.6. Only offers for specific machines can be entered. It is forbidden to publish any advertisement for “all kinds of machines”. MSM will only include in its database the offers for specific machines, and only if a relevant description is provided with the technical data concerning the machines in question.
5.7. Only one advertisement can be placed for each proposed machine. It is forbidden to enter the same machine in several categories or subcategories.
5.8. The Advertiser agrees to immediately delete its offer or request from the database if the machine in question is no longer offered or requested.
5.9. Failure to comply with this clause will result in the removal of the advertisement by MSM and suspension of the Advertiser's publishing privileges.
6. Publication of an advertisement
6.1. In consideration of the services offered by MSM, the Advertiser will have to make an advance payment before the advertisement can be published.
6.2. Advertisement rates are determined based on the type of advertisement published by the Advertiser.
6.3. The Advertiser does not have the right to change this type of specific advertisement to another type. In this case, it must publish a new advertisement at the current rate for the type of advertisement chosen. Nor may the User claim a total or partial refund if it withdraws its advertisement from the Website before the term expires, a term that is determined and chosen by it at the time the advertisement is placed.
6.4. The Advertiser expressly agrees that, as soon as it has made the payment for the placement of its advertisement and it is published on the Website, it waives any right of withdrawal and total or partial refund of this advertisement.
6.5. The Advertiser is solely responsible for the expenses it incurred for placing and maintaining its advertisements. This also applies if MSM modifies, deletes, or rejects an advertisement.
7. Advertising period
7.1. Advertisements are published for a period of one to twelve months, determined by the Advertiser at the time of posting.
7.2. The advertisements are automatically deleted from the Platform once the publication period expires. The advertisements will be placed in the drafts of the account.
7.3. The Advertiser has the option to withdraw its advertisement at any time without having to justify its decision. However, no refund will be made in this case.
8. Content related liability
8.1. Within the framework of the creation of advertisements, you have the possibility to upload content such as texts, images, photos, logos, etc. to the Platform.
8.2. We do not assume any liability for content that you upload to our Platform or for other external content. MSM is not under the general duty to systematically monitor Advertiser’s content or to check whether advertisements or orders violate the rights of third parties. However, MSM reserves the right to carry out spot checks or even detailed checks if there is a justified suspicion that the rules of conduct of our Platform or other regulations are not being observed.
8.3. MSM does not guarantee that the content of advertisements published by the Advertiser complies with the legal provisions of the country where the data are accessible. The Advertiser undertakes to provide accurate technical and legal information.
8.4. As a User of the Website's advertising service, the Advertiser undertakes not to place on the Website any content or comments expressing a political opinion, having neither directly nor indirectly a slanderous, racist, xenophobic or discriminatory, defamatory, offensive, indecent or immoral connotation, or inciting hatred or violence against any person, group, community or their members on the grounds of the alleged race, colour, descent or national or ethnic origin of an individual or a group of individuals. Any offensive or aggressive content, hate speech or the dissemination of untruths or false reports is strictly prohibited.
8.5. MSM shall also not be liable for any infringement of third-party rights associated with any unlawful use and/or publication of such content, or for any claims related thereto. By the mere fact of using this Website, the Advertiser undertakes to guarantee MSM, its subsidiaries, its directors, its employees, its partners and its representatives, against all liability claims and other legal actions that could be brought by third parties against it, following the placement of any content by the Advertiser on the Myscrapmachine.com Website, the illegal or dishonest nature of its advertisement or any other violation of third-party rights.
8.6. MSM reserves the right to modify, add or delete parts of a page or the service as a whole, as well as to temporarily or permanently suspend the publication.
9. Content related rights
9.2. As a result, some parts of the advertisements will be translated automatically into certain foreign languages, if the Advertiser does not enter any information in that language in their advertising. The Advertiser agrees to the translation of its advertisement by MSM. MSM may not be held liable for the completeness or inaccuracy of such a translation and advertisements in foreign languages.
9.3. The User and/or Advertiser declare that they are the unrestricted rights holder of any posted or published content and that, in this context, they are liable, and keep MSM safe of any harm, regarding any potential claim related to infringements of third-party intellectual property rights, the General Data Protection Regulation or personal rights.
10. Restriction on posting an advertisement
10.1. MSM reserves the right, unilaterally and without having to justify its decision, to refuse or, if applicable, to deactivate before its term, and without consideration, an advertisement placed on its Website in the following cases:
An advertisement relates to equipment already sold or rented.
A descriptive text is contrary to these GTC.
One (or more) photos do(es) not explicitly represent a piece of equipment or the equipment is only shown in the background of a photo.
An advertisement mentions the address of another Website.
An advertisement is fake, especially in relation to its location, or an advertisement is illegal.
A technical problem.
A judicial decision (interlocutory or substantive) has been served ordering its withdrawal.
10.2. MSM will notify the Advertiser of the reasons why it has deactivated or refused to place the advertisement, according to the proceedings under article 16 of these GTC.
11. Restriction of access to the Website
11.1.MSM reserves the right, unilaterally and without having to justify its decision, to prohibit access to all or part of the Platform to any natural person or legal entity:
Who is in breach of these terms and conditions of use.
Using the personal data accessible to it via the Website to offer products or services subject to a charge or with the intention of sending unsolicited messages to the email boxes of other Internet Users ("spamming"), regardless of the purpose pursued by it, or in any other unauthorised way.
Placing fake advertisements or illegal advertisements.
Likely to harm the reputation of the Website in any way.
Infringing the intellectual rights of third parties.
Using the Website for illegal or unlawful purposes.
11.2. MSM reserves the right to bring legal proceedings against the concerned persons or entities.
11.3. MSM will notify the concerned persons or entities of the reasons why it has prohibited access to all or part of the Platform, according to the proceedings under article 16 of these GTC.
12. Reporting illegal content
12.1. Illegal or abusive content, as defined in the Proposal for a Regulation of the European Parliament and of the Council on a Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC (hereinafter also referred to as the "Digital Services Act" or abbreviated to "DSA"), means "any information which, as such or by reference to any activity, including the sale of products and the provision of services, is not in conformity with Union law or the law of a Member State, irrespective of the precise subject matter or nature of the legislation concerned".
12.2. In accordance with the Digital Services Act, we would like to make you aware of the possibility of reporting content to us that you find abusive or illegal. For this purpose, we have set up an email contact at email@example.com specifically for this purpose.
12.3. By means of this email contact, you can provide us with the following information:
-A statement of reasons why you consider the content in question to be illegal or abusive ;
-Clear information about the location (exact URL address) of the illegal or abusive content ;
-Your name and email address, unless it is information that is reasonably believed to relate to an offence referred to in Articles 3 to 7 of EU Directive 2011/93/EU ;
-A statement that you have a good faith belief that the information and statements contained in the notification are accurate and complete.
12.4. Upon receipt of the report referred to under 12.1., you will receive an acknowledgement of receipt from us (if the report contains your name and an email address) without undue delay and at the latest within 48 hours.
12.5. Finally, you will receive, within a reasonable timeframe, a notification of the decision taken and action taken/to be taken by us in relation to the suspected illegal content reported by you, advising you of the possible remedies against that decision.
13. The Parties’ respective roles and liabilities
13.1. MSM expressly points out, that it only gives Users the opportunity to offer their machines for sale on the Platform. MSM is therefore neither a provider, buyer or seller of the services offered by its User or Advertisers, nor their representatives, employees or co-entrepreneurs. MSM merely offers Users the opportunity to contact each other and to conclude transactions via the online Platform myscrapmachine.com.
13.2. Consequently, by signing in to the Platform’s services, the User and/ or Advertiser agree explicitly that any agreement concluded in the wake of an advertisement placed on the Platform is established without involving MSM legally in any way. Thus, as the operator of the Website, MSM does not own the machines covered by the advertisements and that it does not sell, resell, provide, control or manage them. The Advertiser is solely liable for the content of its advertisements.
13.3. Under no circumstances can MSM be considered a party to any transaction carried out through the Platform. Therefore, MSM is not involved in the performance of the contract concluded between these two parties and cannot be held responsible for any breach or non-fulfilment of the obligations of the contracting parties or any resulting warranty or liability claims.
13.4. The Advertiser is solely responsible for compliance with all mandatory legal and regulatory requirements relating to its activity and the goods offered, including (i) all legal and regulatory requirements regarding safety, health, compliance, conformity, harmlessness, toxicity, transport, storage and warehousing, product liability, (ii) all legal and regulatory requirements relating to the production, distribution, marketing, advertising and sale of the products, (iii) all relevant provisions of contractual law or precontractual information duties, (iv) all relevant data protection provisions in relation to possible prospective buyers and contracting parties. The User/Adevrtiser is solely responsible for any claim, demand or action, as well as for all costs or expenses, including legal fees relating to decisions and legal proceedings concerning liabilities arising from a breach of the above principles.
13.5. It is agreed by the Parties that the Products offered via the Platform are under User’s /Advertiser’s sole responsibility, who shall indemnify and hold MSM harmless from any and all damages, direct or indirect, consequential, foreseeable or otherwise, caused by the offering for sale, placing on the market, commercialisation, defective or incorrect use of all or part of the Products offered via the Platform
13.6. MSM takes every care to make available advertisements for reliable equipment that are regularly updated to Users on the Website. However, it cannot be held responsible if errors have crept into the content of the advertisement or if the equipment is no longer available at the time the User views the advertisement. The advertisement does not constitute an offer in the legal sense of the term. Therefore, before making any decision concerning a machine (purchase, rental, etc.), MSM recommends obtaining confirmation directly from the Advertiser that it is still relevant, and that the information contained therein is accurate and up to date, especially regarding the asking price.
13.7. MSM does not assume any liability and does not verify or systematically verify (i) the truthfulness of the information and the identity of the Users; (ii) the compliance with the rules for the use of our Platform; (iii) the compliance with existing legal provisions or the orders of judicial bodies or other authorities by the Users. Furthermore, MSM cannot guarantee, but assures that it will take all measures in its power to (i) detect fraud; (ii) protect your legitimate interests; (iii) delete abusive, defamatory, political, inflammatory and discriminatory content; (iv) remove accounts and deny access to persons or entities who engage in or are involved in illegal activities and/or violate our rules of conduct.
13.8. The Website provides its Users with tools to simulate certain financial aspects (calculation of borrowing capacity, calculation of the cost of acquiring merchandise, calculation of monthly repayment). All the resulting figures are given for information only. MSM can in no way be held liable for the accuracy of such data. If the User wishes to take out a loan, MSM advises it to contact its financial institution.
13.9. Regarding possible acquisition costs, transport costs, disassembly costs, assembly, possible guarantee: MSM invites Users to consult an official representative of the brand of equipment who will be able to assist them further.
14. Platform registration / Password and User credentials security
14.1. To be able to use the Platform, the User must first open an account.
The memorisation of your equipment search criteria.
The memorisation of equipment of interest to you.
The possibility of adding a personal rating to merchandise of interest to the User.
The possibility of adding a personal comment to equipment of interest to the User.
The possibility of simulating a monthly repayment for merchandise of interest to the User.
The possibility of viewing the number of times an advertisement has been viewed since it was created.
An email alert as soon as a piece of equipment matching the User's search criteria is placed on the Website.
An alert as soon as a piece of equipment of interest to the User changes price.
Newsletters containing tips and advice in relation to the buying, renting, financing and purchasing of equipment in general.
Information and catalogues related to topics preselected by the User.
14.3. The User is solely responsible for keeping the personal access data relating to his account (such as login and password) confidential. The User may not use the account of another User without prior authorisation.
14.4. The User is solely responsible for the activities of his account and must inform MSM immediately if he has knowledge of, or suspects, any illegal use of his account. In this case, the User will be solely responsible for the unlawful use of the Platform that has been made with his or her data and will be bound by the obligations arising thereof.
14.5. In case a password is acquired by a third party who uses it to modify or delete an advertisement or advertisements against the will of the Advertiser, MSM may not be held liable in such a situation unless MSM is responsible for the acquisition of the Advertiser's password by the third party. In this case, MSM undertakes to compensate the Advertiser by reimbursing the price of the advertisement and the damage suffered by the Advertiser, without however exceeding an amount of EUR 1.000,00.
15. Availability of the Website / technical incidents
15.1. The Website is hosted by AMAZON.
15.2. Although MSM makes every effort to ensure that the Platform, as well as all tools and services, always run smoothly and to make its Website available to Users 24/7, it reserves the right, at any time and without notice, to interrupt access to the Website for reasons of a technical nature, in particular for periods of maintenance of the system and interruptions related to backups.
15.3. However, for technical reasons and due to the way, the Internet works, there may be interruptions so that our Platform is temporarily unavailable, the display of advertisements is interrupted, access to your User account is restricted, or the smooth operation is disrupted in some other way. We ask you to inform us immediately of any disruptions so that we can remedy them as quickly as possible.
15.4. MSM will, as far as possible, ensure that the Website and the files that can be downloaded on it are free of bugs, viruses, trojan horses and unauthorised spyware. The User is nevertheless responsible to use state of the art techniques and communication technologies and to install firewalls, anti-virus and other necessary protection software on its computer or telecommunication tools.
15.5. MSM shall not accept any liability, regarding the User or any third party, for damages caused by technical faults and interruptions to the operation of our Platform, in accordance with paragraph 15.2.-15.4., or due to User’s inadequate communication equipment, force majeure or cybercrime (e. g. computer viruses). Likewise, the fees paid by the User / Advertiser are not refundable in such a case.
16. Statement of reasons
16.1. If MSM decides to remove content or block access to certain information provided by the User/Advertiser, MSM undertakes to inform you of its decision at the latest at the time of deletion or blocking of access. MSM will also provide you with a clear and specific justification for its decision.
16.2. In addition, the statement of reasons referred to in article 16.1. will contain the following information:
-An explanation of whether the decision will result in the deletion of, or blocking of access to, the information in question and, where applicable, the territorial scope of the access blocking;
-Where applicable, information about the use of automated means for decision-making and whether the decision was taken in relation to content identified or detected by automated means;
-Where the decision relates to suspected illegal content, a reference to the legal basis and explanations as to why the information is considered illegal content on that basis;
-Where the decision is based on the information being in breach of the provisions of these GTC, a reference to the relevant contractual provision and an explanation of why the information is considered to be in breach of these GTC ;
-Information on the remedies available to you against the decision, in particular complaints handling procedures, out-of-court dispute resolution and judicial remedies.
17. Duration and termination
17.1. The contractual relationship begins with the registration on the Platform and lasts for a period corresponding to the duration of the selected subscription formula.
17.2. The PREMIUM subscription allows the publication of an unlimited number of machines. It is concluded for a period of twelve months and is tacitly renewable under the same conditions and for the same duration, payable in one go.
It may be terminated at any time during the current period. In the event of cancellation, the PREMIUM subscription will run until the end of the period and no refund, even partial, will be made once the order has been placed.
17.3. The BASIC subscription allows the publication of advertisements related to single machines. It is concluded for a period of three months, not tacitly renewable. It is invoiced in one go (based on a unit price per machine)
17.4. MSM reserves the right to change the price structure at any time and to apply it to all new subscriptions and advertisements.
17.5. Either party may terminate these GTC prior to its expiry, subject to a 15-day notice period. The terminating party undertakes to provide the other party with the notice of termination of the contractual relationship by e-mail or on another durable data carrier;
17.6. If we decide to limit or suspend the provision of our Platform in relation to any of the Advertisers offerings, MSM will provide you with a statement of the reasons for that decision by email or other durable medium at the same time as the suspension or limitation takes effect, unless we are exempt from providing a statement of reasons under article 16.9. To the extent applicable, the provisions of article 16 of these GTC shall apply.
17.7. Termination of the contractual relationship will, after the expiry of the notice period or immediately, insofar as there are serious reasons, in accordance with article 16.9., result in an instantaneous termination of the provision of our Platform services to you. At the same time, your User account, as well as the advertisements published by you and the content provided by you, will be deleted, and the launched offers automatically cancelled. Likewise, the fees paid by the User are not refundable in such a case.
17.8. If we decide to terminate our relationship with you, we undertake to provide you with a statement of the reasons for this decision by e-mail or on another durable medium at least 15 days before the termination takes effect.
17.9. The time limit in article 16.5. does not apply if:
-You have repeatedly breached the provisions of these GTC and, in particular, but not exclusively, in the case of breaches of the rules for the use of MSMS’s Platform. Especially in the latter case, MSM reserves the right to terminate the present GTC without notice even in the case of a single violation, insofar as the violation of the rules is particularly serious and makes future cooperation definitively and immediately impossible. These cases include, without this list being exhaustive: Identity fraud, discriminatory statements/behaviour, as well as violations of the provisions relating to the posting or publication of advertisements,
-You breach EU law and/or national legal or regulatory requirements/regulations,
-We are subject to legal or regulatory obligations that require us to completely terminate the provision of our Platform Services to a particular Partner and in doing so we are unable to meet any deadlines;
-We exercise our right to terminate based on a compelling reason under national law that is in compliance with Union law.
17.10. The reasoned statement described in article 16.6. is not mandatory if we are not entitled to disclose the specific facts or circumstances and the applicable reason(s) due to legal or regulatory requirements, or if we are able to prove that you have repeatedly breached the applicable provisions of these GTC, resulting in the complete discontinuation of our services.
18. Intellectual property rights
18.1. All content on the Website, including (indicative, non-exhaustive list) texts, graphics, logos, photographs, software, buttons, images, HTML, database and icons, is the intellectual property of MSM and is protected by intellectual property rights such as copyright and the rights of the database producer.
18.2. The form and the structure of this site (plan, choice and layout of the sections, organisation of the data, etc.) is protected by European and International copyright law. MSM also owns data base producer rights regarding the content of the data base and prohibits the extraction and/or reuse of all or a substantial part of the content of the Website, in qualitative or quantitative terms.
18.3. MSM hereby grants the User of the Website a non-exclusive and non-assignable licence that is revocable at any time, without justification, in order to access the content of the site, display it and download it, strictly for the purpose of viewing the content on one single computer. The User may also print a copy of the content posted on the Website exclusively for its own personal use, provided that it does not in any way alter the content of the site and that it keeps all notices relating to the Website’s authorship and origin. Reproduction is therefore permitted only for the purposes of private use and private copying within the meaning of the Luxemburg Copyright law.
18.4. Any copying, translation, adaptation, modification or use of any or all of the protected elements of the Website, in any form whatsoever and by any means whatsoever as well as any commercial use of the content of the Website is strictly prohibited, without the prior written consent of MSM. Any request on this subject may be sent to firstname.lastname@example.org.
18.5. Unless expressly refused, decision that is taken on MSM’s sole discretion, the creation of a hypertext link to the homepage of the Website at the following address: https://www.myscrapmachine.com is authorised. Any hyperlink to an inside page of the www.myscrapmachine.com Website is prohibited without MSM’s express consent.
18.6. Some of the names, distinctive signs and logos appearing on the Website are registered trademarks or trade names owned by MSM. All other trademarks and logos appearing on the Website or mentioned herein belong to their respective owners. Such signs are solely referenced for the purpose of identifying or referring to goods or services as those of the proprietor of that trademark, in particular, where the use of such a trademark is necessary to indicate the intended purpose of a product or service, in particular as second-hand goods, accessories or spare parts.
18.7. Nothing contained on this Website should be construed as granting any license or right to use any trademark displayed on the Website without the written permission of MSM or such third party that owns the trademarks displayed on this Website. MSM will enforce its intellectual property rights to the fullest extent permitted by law.
18.8. Some of the advertisements contain location plans that will help the User pinpoint the exact location of the machine it is looking for. MSM Sa informs Users that these location plans are the exclusive property of Market-IP and Google, with which it has entered into a contract for the provision of mapping services. These plans cannot therefore be reproduced for purposes other than making copies for purely private use. Neither can they be modified, translated, rented or published for commercial purposes, as this will violate the copyright of Market-IP and Google and these GTC. These location plans may contain errors or inaccuracies, for which MSM or Market-IP or Google cannot in any way be held liable.
19.1. The personal data provided by the User to MSM in the context of its contractual relationship shall be processed by MSM in accordance with the European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data (hereinafter "GDPR").
19.3. The User's personal data are stored in MSM's databases. The processing of this data is necessary for the performance of a contract to which the User is a party or for the implementation of pre-contractual measures taken at the request of the User for the following purposes: opening and management user account, management of the contractual relationship, provision of the service, management of the ordering process and post-sale follow-up, general customer management (e.g. issuing and checking invoices, correspondence in the context of the contractual relationship or in the event of a dispute).
19.5. The User, who proves his identity, may obtain from MSM, free of charge, by means of a dated and signed written request or by electronic request, the communication of its personal data and, if necessary, the rectification of inaccurate, incomplete or irrelevant data.
19.6. The User has a right of access, control, rectification and possibly deletion of his personal data that would be inaccurate, incomplete or irrelevant, in accordance with the provisions of the GDPR. All requests must be sent to MSM by letter or e-mail at email@example.com. MSM undertakes to reply within 30 days of receipt of the request.
20. Amendments, updates or modifications to the general terms and conditions
20.1. In accordance with Article 3 (2) of the European Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business Users of online intermediary services (hereinafter also referred to as the "EU Regulation"), MSM will notify the User of any proposed changes to these GTC by email (or other durable data carrier) to the email address provided as part of your registration. The user is solely responsible for updating this email address and, if necessary, providing MSM with a new address. Electronic delivery to the email address you have provided will be deemed a valid delivery.
20.2. The proposed changes will take effect 15 days (the date the email is sent will be deemed to be the relevant date) from the date MSM notifies the User of the proposed changes. This period will be extended by 15 days, to 30 days, insofar as the proposed changes require technical or business adjustments at the User.
20.3. The User has the right to terminate these GTC in accordance with the terms of Article 17, provided that the termination takes place before the proposed changes become effective (i.e. before the expiry of the deadline - see article 20.2.)).
20.4. The posting of new advertisements on MSM’s Platform is to be understood as a confirmation of the amendment of these GTC and is to be considered as a waiver of the time limit according to article 20.2. unless the proposed amendments require the User to make significant technical adjustments to its services/offers.
20.5. In accordance with the EU Regulation, the time limit under article 20.2. does not apply if we:
-Have to make changes to these GTC due to legal or regulatory obligations that do not allow us to comply with the period referred to in said article 20.2.; -To address an unforeseen and imminent threat, we need to amend these GTC to protect the Platform, Consumers or our Users from fraud, malware, spam, data breaches or other cybersecurity risks.
21. Internal complaint management system
21.1. Since MSM is considered a small company according to the Annex to Recommendation 2003/361/EC of the European Commission, MSM is not obliged to set up an internal complaints management system.
21.2. Nevertheless, MSM would like to make every effort to answer your complaints as unbureaucratically, transparently and quickly as possible.
21.3. MSM therefore offers its Users and Advertisers the possibility of submitting complaints via the e-mail address set up specifically for this purpose: firstname.lastname@example.org regarding the following issues:
-MSM’s alleged breaches of the “EU Regulation” that may affect you;
-Technical issues directly related to the provision of our Platform, tools and services that affect you;
-Actions or conduct on our part that is directly related to the provision of our Platform and that affects you.
-Alleged infringement of third-party rights, including intellectual property rights.
21.4. Upon receipt of your complaint, MSM, together with the responsible staff, will try to respond to your complaint, within our possibilities, within 15 days, without this period having a legally binding character, after its receipt, by e-mail and to bring about an appropriate solution to the problem. Insofar as the facts described by you are not clear, comprehensible or complete for us, MSM reserves the right to ask Users for further details. Please understand that in this case the processing of the User’s complaint may take a little longer.
22. Choice of domicile and place of performance
22.1. For the execution of these GTC, the parties shall choose their domicile at their respective registered offices. This choice shall be valid until a different domicile is announced by either party.
22.2. The place of performance and payment for both parties is MSM’s registered office.
23. Force majeure
23.1. MSM shall not be liable in any way in the event of force majeure, i.e. external situations that make it impossible to fulfil their obligations. This includes natural disasters, revolts, wars and military operations, national or local emergencies, storms, acts or omissions of the authorities, economic conflicts of a similar nature, actions of workers, fire, telecommunication failures, software bugs of third parties, as well as any act or negligence of persons or entities that are beyond their reasonable control.
24.1. If any provision of these GTC shall be deemed to be invalid, illegal, void or otherwise unenforceable by reason of any applicable law, it shall be deleted, and the remaining provisions hereof shall continue in full force and effect and the rights and obligations of the parties shall be construed and enforced accordingly. The same applies to any contractual lacunae.
25. Governing Law and Venue
25.1. This Agreement shall be governed by the laws of Luxembourg, excluding the conflict of law provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods.
25.2. All possible disputes concerning the validity, interpretation, execution, termination or dissolution of the present agreement shall be subject to the exclusive jurisdiction of the Luxembourg courts, District Court of DIEKIRCH, Courthouse - Place Guillaume-L-9237 Diekirch, will be competent. However, the Parties declare that, to the best of their knowledge and belief, they will make use of the out-of-court dispute resolution mechanisms offered (see article 21: Internal Complaints Management System) without this limiting their right to bring the dispute before the competent court at any time.
26. Closing provisions
26.1. Entire Agreement- These GTC constitute the entire agreement and understanding of the parties with respect to the subject matter of this agreement, superseding all previous agreements. There is no oral or side agreement.
26.2. Written Agreement - These GTC may only be modified in a written instrument executed by the parties. Any change or addition made to these GTC or to the legal relationship between MSM and the User must be in writing. This also applies to the modification, addition or revocation of the written clause itself.
26.3. No Agency Agreement – These GTC do not constitute and shall not be construed as constituting an agency, partnership or joint venture relationship between the parties.
26.4. Language - The parties expressly provide that these GTC be drawn up in English.
26.5. Headings - The headings given sections of these GTC are solely for convenience or reference and shall not be construed as having any bearing upon the interpretation or meaning of the provisions of these GTC.
26.6. Communications - All notifications between the parties relating to the GTC shall be made either by registered letter or by electronic communication. The date of notification shall be either the date of dispatch of the registered letter, the date of the postmark, or the date of receipt of the electronic communication.
26.7. No waiver – Any waiver of a right under them must be expressly stated in writing by the party waiving that right. Neither party may rely on any oral or implied waiver by the other party of any right under the GTC. Likewise, the non-application of certain clauses of the GTC cannot be considered as a waiver.