GBGENERAL TERMS AND CONDITIONS OF USE
Article 1 Who are we? What do we offer?
1.1 Jung SAS (hereafter “Shipcart”), a French company whose registered office is located 199 rue Championnet 75018 Paris, registered at the Paris Trade Registry under number 80 049 476, operates a Marketplace that aims to put Buyers in contact with professional Sellers of Product(s).
1.2 Shipcart acts as an intermediary, and is in no case the Seller of Products. Shipcart is therefore not responsible for the Products sold via the Marketplace. Besides, unless otherwise specified, Shipcart is not a brand owner’s distributor of Products.
1.3 The purpose of these Terms of Use (T&Cs) is to set the rules to access the Marketplace and use the services offered on the Marketplace. The relationship between Users and Sellers is governed by the terms of sale, accessible here.
1.4 The T&Cs are applicable to any User browsing the Marketplace, whether or not they have a client account.
1.5 Shipcart UK Ltd ("Shipcart UK") whose registered office is at 5th Floor Halo Counterslip Bristol BS1 6AJ, registered in England and Wales under number 13822037, is a service of intermediation services and a subsidiary of Shipcart. It is involved herein for the purposes of section 6.1 "Online Payment" below.
1.6 Users shall be vigilant when reading and accepting the T&Cs, as they can evolve between two successive visits.
Article 2 - Definitions
In every instance where, in this T&Cs, the words below appear, in singular or plural form, with a capital letter, they shall have the following meanings:
Article 3 - How to create a client account?
3.1 The User needs an email address and a password to create their client account. The present T&Cs must be unreservedly accepted by each User. The User shall take care to read the T&Cs. These T&Cs can be downloaded from the Marketplace so that Users can keep a copy and refer to them as necessary.
3.2Authorisation to create a client account is granted solely to natural person(s) who are 16 years old or older and able to purchase Product(s) on the Platform and have the capacity to take legal actions. If the natural persons are between 16 and 18 years old, they must have the authorization of their parent or legal guardian to transact.
Article 4 - What are the rules of use of the Marketplace?
4.1. The User provides accurate and complete information in order to guarantee the Services’ proper functioning.
4.2 Login credentials are strictly personal and the User undertakes to keep their password confidential. The User must take all appropriate measures to ensure that their password remains confidential and that access to their computer and other devices is restricted. If the User becomes aware of unauthorized access to their client account by a third party, the User undertakes to immediately change their password and inform Shipcart by filing the form available under this link.
4.3 Unless Shipcart expressly agrees otherwise, the User undertakes to create and use no more than one client account, regardless of the extension of the site (backmarket.fr, backmarket.de, backmarket.es, backmarket.it....) from which they accesses the Marketplace. In the event that his account is closed by Shipcart, such User agrees not to recreate an account, unless specifically authorized by Shipcart.
4.4 The User undertakes that they will not (i) harass the Marketplace’s other Users, (ii) make disparaging, slanderous, defamatory, false, misleading, inaccurate, discriminatory or racist remarks or comments on the Marketplace, and more generally, that they will not make any comments contravening applicable laws, rights of other individuals and/or public order, (iii) obtain information about other Users, either manually or using automated methods, (iv) access personal accounts belonging to other Users, or (iv) attempt to jeopardize the functioning of the Marketplace.
4.5 The User acknowledges that all the elements contained on the Marketplace, including, but not limited to, texts, comments, illustrations, images, sound elements, company names, brands and other distinctive signs, as well as elements composing the Marketplace, such as databases and any underlying technology (hereinafter, the “Elements”) are potentially protected by intellectual property rights, such as copyright, trademark, etc. Consequently, the User acknowledges that the following are strictly prohibited:
Any reproduction, representation, modification or adaptation of the Marketplace and / or all or part of the Elements without Shipcart’s prior written consent.
Any use of the Elements for commercial or professional purposes without Shipcart’s prior written authorization.
Any use of software, devices, scripts, robots or any other means or process (including crawlers, browser plug-ins, or any other technology) aimed at performing “web scraping” on the Marketplace.
Article 5 - What Services are offered on the Marketplace and at what price?
5.1 Shipcart offers various Services:
To Users, Shipcart offers access to and use of its Marketplace, a client account, a secure payment method, and several quality services that shall be qualified as intermediation services. Buyers who place an order via the Marketplace are charged a service fee for these intermediation services. The exact amount of such intermediation service fee is specified to the Buyer before they confirm the order.
To Sellers, Shipcart offers access to and use of its Marketplace, a back office, an installment payment service and others services such as the BackCare service (where Shipcart assists the Seller in the management of their customer service on behalf of the Seller), the BackShip service (where Shipcart puts the Seller in relation with a partner to ship the Product(s). A fee is charged for these Services to the Seller. The conditions for these services are covered by the general terms and conditions applicable to Sellers. Sellers are the only persons liable for the Product(s) sold to the Buyer, whether they subscribed to the Services or not. Sellers are charged a commission for these Services. The exact amount of such commission in accordance with the terms agreed upon between Shipcart and the Sellers
5.2 Shipcart only acts as an intermediary between the Buyers and the Sellers and is not a party to the sales agreement entered into by Buyers with the Sellers. Shipcart is not a seller, a reseller, or distributor of the Products and never takes possession of them. As such, Shipcart does not guarantee the safety, conformity or lawfulness of the Products, and cannot be held liable in this respect.
Article 6 - How do I pay on the Marketplace?
6.1 Payment online. The payment methods on the Marketplace are made available by Shipcart UK’s service providers (e.g. credit card, payment in installments, PayPal). Shipcart UK’s payment service providers collect and receive payment made by the Buyers on behalf of the Sellers. Then, the amount collected will be released to the Sellers under the conditions agreed upon between Shipcart and the Sellers. The security of the transaction is ensured by Shipcart UK’s payment partners.
6.2 Promotional or discount codes. When purchasing Product(s) on the Marketplace, the User can use a discount or promotional code. Unless otherwise specified, these codes are valid for all Product(s) offered for sale on the Marketplace until the code’s expiration date. Unless otherwise specified, (i) codes cannot be combined, (ii) codes cannot be applied to shipping fees, (iii) codes are neither exchangeable nor refundable (i.e., if the order paid for using a code is refunded, the code may not be used again) unless the order is canceled by the Seller due to unavailability of the Product(s) ordered, (iv) codes having a monetary value must only be used once and only for an order with a total amount greater than the value of the code, (v) codes cannot be retroactively used for an order already placed by the Buyer and (vi) codes cannot be exchanged for cash.
6.3 If payment is made in installments, the terms and conditions applicable to the payment are specified by the payment service provider before the associated loan agreement is entered into.
Article 7 - How does the virtual wallet work?
The User has a virtual wallet available on their client account. The virtual wallet will be credited with any goodwill gestures made by the Seller to the User.
The User may, at any time, transfer all or part of his virtual wallet to its personal bank account, free of charge.
Article 8 - How do I close my account?
8.1 User’s closing of their client account: The User may freely close its client account at any time without notice, through their client account or by writing to legal@backmarket.com. So long as there are no outstanding orders or warranties, the account closure will take effect within 30 days maximum after the date the User notifies Shipcart that they wish to close their client account.
8.2 Shipcart’s closing of the client account. Shipcart may close a client account if the User has refused an update to these Terms of Service, and/or if the User has breached the obligations imposed by these Terms of Service, especially those provided by articles 3 and 4, and/or if the User has been inactive. Shipcart may also close a client account without cause, with reasonable prior notice.
8.3 Informing the User. Shipcart shall inform the User of its intention to close the client account by sending the User an email detailing the reasons for the closure. Before the account is closed, the User is invited to download information and invoices related to their orders. The User shall also transfer the entire virtual wallet to their personal bank account before the client account is closed. After the account is closed, the User retains the ability to make a claim by filling out the form available under this link. However, the User may no longer order Product(s) on the Marketplace or use the Services.
Article 9 - How do I contact Shipcart?
9.1 Requests and complaints relating to the services: The Shipcart customer services team can be reached on +44 20 3322 5575 or online by filling out the form available via this link. It is available to users for any questions or complaints relating to the Services or the Marketplace.
9.2 Requests and complaints relating to an order: For any questions or complaints regarding the Products, warranties, right of cancellation, delivery, etc., requests and complaints shall be addressed to the Seller by the User via their client account. Shipcart customer service will use its best efforts to answer or relay the question or complaint to the Seller. The Seller has sole responsibility for the Products that they sell on the Marketplace.
Article 10 What about liability for Products and Services?
10.1 Concerning the services: Shipcart shall make every effort to ensure that the Services and the Marketplace are available. Shipcart reserves the right to suspend or limit access to the services and the Marketplace to carry out repairs, maintenance operations, and/or add and/or develop a function and/or a Service. Shipcart may not be held responsible for any damage suffered by a User due to their inability to access or use all or part of a Service or the Marketplace.
10.2 Concerning the Products: As indicated above, Shipcart is not the Seller or reseller of Products and acts solely as an intermediary. The Seller thus assumes full responsibility with regard to the Product(s) they offer for sale through the Marketplace, in particular regarding warranties that, according to the laws and regulations, rest with the Seller or manufacturer. The User releases Shipcart from any liability that may arise in the execution of the sale, in particular as regards the conformity and security of the Products, the description and the conformity of the offer of sale, the availability of the Products and the ownership of the intellectual and industrial property rights relating to the Products.
Article 11 - What about personal data?
The User’s personal data is processed by Shipcart, as a data controller. In addition, Shipcart uses cookies. The policies on personal data and cookies are described in the document “Data Protection” and “Cookies policy” available on the Marketplace.
Article 12 - Applicable law and dispute resolution
12.1 These T&Cs are governed by English law.
12.2 In the event of a dispute relating to the formation, signature, performance, interpretation or validity of the T&Cs or the relationship with Shipcart, the User and Shipcart are invited to take the necessary steps to resolve their dispute on an amicable basis.
12.3 The User is informed that he/she may, if he/she so wishes, involve a consumer affairs mediator free of charge for the amicable resolution of the dispute between him/her and Shipcart. In this respect, the User may use the online dispute resolution Marketplace set up by the European Commission available free of charge by clicking this link.
If the User has not wished to benefit from the mediation, if the mediation has not been successful or in the event of the failure of any other steps potentially taken by the User to try to reach an amicable resolution to his/her dispute with Shipcart, the User may refer the matter to the courts having jurisdiction in the place of his/her residence at the time of the signature of the agreement or when the event causing the damage occurred, in the place of the headquarters of Shipcart or in the place of actual delivery of the Product.