November 2024
1.1 Jung SAS (hereafter “Back Market”), 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 Sellers of Products.
1.2 Back Market acts as an intermediary, and is in no case the Seller of Products. BACK MARKET is therefore not responsible for the Products sold via the Marketplace. Besides, unless otherwise specified, BACK MARKET is not a brand owner’s distributor of Products.
1.3 The purpose of these Terms of sale is to define the conditions of sale that apply between a Seller and a Buyer for the purchase of Products on the Marketplace. The relationship between Back Market and the Buyers is governed by the terms of use of the Marketplace, accessible here.
1.4 Back Market also offer various services to the Sellers on the Marketplace, the terms of which are governed by the general terms and conditions applicable between Back Market and Sellers. Whether or not it has subscribed to these services, the Seller remains solely responsible for the products sold to Buyers.
1.5 Buyers shall be vigilant when reading and accepting the T&Cs for each order, as they can evolve between two successive orders.
Capitalized terms used in this Terms of Service in either singular or plural form have the following meanings:
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Buyer(s) |
means any natural person or legal entity acting in the course of its professional, commercial, statutory or philanthropic activity who purchases Products from Sellers on the Marketplace. For the avoidance of doubt, buyers acting in the course of a personal, private or patrimonial activity may not use the Marketplace. means any legal entity that is using the Marketplace to purchase Products for commercial purposes. |
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Marketplace |
means the internet website, accessible at the address www.pro.backmarket.co.uk, through which Buyers and Sellers can be put in contact for the purchase of Product(s). |
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Products |
means products sold on the Marketplace. Unless otherwise specified, products sold on the Marketplace are renewed products: they are second-hand products that have been refurbished. |
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Product Sheet |
means a description of a Product, as provided by the Seller and displayed on the Marketplace. |
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Seller Sheet |
means the information (such as trade name, address of establishment) on a Seller, as provided by the Seller and displayed on the Marketplace. |
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Seller(s) |
means any professional seller of Products registered on the Marketplace.
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T&Cs |
means the present general terms and conditions of sale, governing relations between Sellers and Buyers. |
To order a Product on the Marketplace, Buyers must first create a client account on the Marketplace, according to the conditions described in the terms of use of the Marketplace accessible here.
4.1 These Terms of Services must be unreservedly accepted by each prior to ordering any Product(s). The T&Cs can be downloaded from the Marketplace so that Users can keep a copy and refer to them as necessary.
4.2 The Buyer will order Products on the Marketplace to the Sellers. The Sellers fill in the Sellers' Sheets, the Product Sheets and the prices, the delivery methods and associated costs. In this respect, the Sellers are solely responsible for the information appearing in the Seller Sheets, for the description of the Product and for the perfect conformity of the Product with its description. Given the nature of refurbished Products, accessories may not be original, but must be compatible and fully functional. The Buyer may access the Seller's Sheet containing the Seller's identification information before placing an order.
4.3 The price of the Product(s) is fixed freely by the Seller. It is displayed excluding tax. When VAT is applicable, VAT is calculated upon checkout and VAT amount is displayed and added to the Product price. Some products may not be subject to VAT, notably in the case of products subject to margin VAT scheme for second-hand goods. Where a Product is subject to margin VAT scheme for second-hand goods, this information shall be displayed to the Buyer.
4.4 When ordering, the Buyer selects the Product(s) they wish to purchase. The Buyer must click “Buy”, and then must provide the required information when prompted (desired delivery address, payment method, VAT status, VAT number, VAT exemption where applicable etc.). The Buyer is finally invited to confirm their payment.
4.5 The sales contract for the Product(s) is concluded when the Buyer is debited for the amount of his/her order. Orders placed by a Buyer are independent of each other, and if an order contains several Products, each Product order is independent of the others.
4.6 The order may be canceled for a legitimate reason, including:
- an obvious mistake in the Product(s) and/or the price (e.g., a pricing error or any other error regarding an essential characteristic of the Product(s));
- a claim regarding payment of the order; and/or
- the creation of multiple Users accounts or a fraudulent use of discount codes.
4.7 When the Product is shipped, Back Market shall edit and make available an invoice to the benefit for the Buyer, by virtue of an invoicing mandate concluded with the Sellers.
5.1 The Products presented for sale on the Marketplace can only be shipped within the United Kingdom, excluding in particular any British overseas territory.
5.2 The Products are delivered at the delivery address indicated by the Buyer when ordering. Prices, delivery times and methods are indicated by the Seller, who is solely responsible for their compliance. The risk of loss or damage passes from the Seller to the Buyer upon delivery. If a Buyer has opted for a tracked delivery method, they may track the delivery of the ordered Product(s) directly on the Marketplace through its client account and/or the email and/or website.
5.3 The Buyer will be informed of the delivery date after they have selected a shipping method. The delivery of the ordered Product(s) shall not be subject to any unjustified delay.
5.4 Unless otherwise mentioned when ordering, shipping fees are charged. The shipping charge is communicated to the Buyer prior to any payment.
5.5 In the event that Products are damaged in transit (damaged or opened package / missing or damaged Products), the Buyer shall make all possible reservations upon delivery of the Products. BACK MARKET ALSO ASKS THE BUYER TO FILE A COMPLAINT WITHIN THREE BUSINESS DAYS AFTER THE DELIVERY VIA THE MARKETPLACE ONCE THE PRODUCTS HAVE BEEN RECEIVED.
5.6 Title to the Products and risks pass on the Buyer when the delivery is complete, i.e. when the Product has been physically delivered to the Buyer or any third party designated by the Buyer and price paid by the Seller. In the event that the Buyer doesn't receive the package, he undertakes to notify the Seller via the Marketplace as soon as possible.
Payment is made online. The terms and conditions of payment can be found in the terms and conditions of use of the Marketplace, accessible here.
All Products benefit from a commercial warranty under the conditions described below. To implement this warranty, the Buyer shall raise a claim in accordance with Article 8 below.
The duration of the commercial (or contractual) warranty applicable to the Product is specified before the sale on each Product Sheet. The duration is 12 months. The conditions of this commercial warranty are specified in the warranty certificate available under this link.
The application of Seller warranty is excluded in the following cases:
- when the Product is oxidized or broken;
- when one or more of the components of the Product have been manipulated by the Buyer or a third party not authorized by the Seller;
- when the use of the Product by the Buyer exceeds a so-called normal use, i.e. a use usually expected from a similar product;
- in case of negligence or lack of maintenance of the Product by the Buyer, or in case of an accident (e.g. a fall) occurring after the delivery of the Product.
In addition, normal wear and tear of the Product is not covered by the commercial warranty.
8.1 Communication via the Marketplace. The Buyer agrees to only communicate via their account on the Marketplace. The Buyer and the Seller will each be able to follow any request from their respective accounts.
8.2 Handling of Buyer’s complaints by the Seller. For any question or claim regarding the Products, guarantees, delivery etc., requests and claims can be addressed by the Buyer via his buyer account.
8.3 Back Market’s intervention. Back Market assists Sellers in handling their after-sales service. Back Market customer service will do its best to answer any question or complaint, or or relay it to the Seller if need be. The Seller remain solely responsible for the Products they sell on the Marketplace. If the Seller fails to meet its obligations to the Buyer under the Seller's Commercial Warranty, and if Back Market considers the Buyer's claim to be justified, Back Market will, on behalf of the Seller and after obtaining the Buyer's advice, implement one of the following solutions, depending on the subject matter of the claim: (i) refund the price of the order or the disputed Product to Buyer, (ii) return to Buyer a Product that conforms to the Product ordered, (iii) propose a solution for repairing the non-conforming Product and, if applicable, (iv) provide Buyer with a prepaid label for returning the Product. The solution proposed by Back Market, if acceptable to Buyer, is binding on Seller.
Back Market's intervention in this context is additional to and independent of the Buyer's rights and therefore does not prejudice the Buyer's right to take any action against the Seller.
9.1 Concerning the services: Back Market shall make every effort to ensure the availability of the services and the Marketplace. Back Market 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 functionality and/or a Service. Back Market may not be held responsible for any damage suffered by a Buyer due to the impossibility to use all or part of a Service or the Marketplace.
9.2 Concerning the Products: The Seller assumes full responsibility for the Products it offers for sale through the Marketplace, and their guarantee. The Buyer shall find all information relating to the identity of the Seller in the Seller's File or on the corresponding sales invoice. As Back Market is a hosting intermediary between the Seller and the Buyer, Back Market disclaims any responsibility for the sale concluded between the Seller and the Buyer on the Marketplace. The management of the after-sales service by Back Market in the name and on behalf of the Seller does not exclude or limit the Seller's liability to the Buyer.
The Buyer releases Back Market from any liability that may arise in the execution of the sale, in particular with respect to the conformity of the Products, the description and conformity of the offer to sell, the availability of the Products and the ownership of intellectual and industrial property rights relating to the Products.
10.1 These T&Cs are governed by English law.
10.2 In the event of a dispute relating to the formation, signature, performance, interpretation or validity of these T&Cs or, more generally, to the relationship with a Seller, the Buyer and the Seller are invited to take the necessary steps to resolve their dispute on an amicable basis. If the matter cannot be settled amicably, the Buyer may refer the matter to the competent courts. Please note that Back Market is not the Seller of the Products. If the Buyer wishes to launch legal proceedings, they will find all the information relating to the Seller’s identity in the Seller Sheet or on the corresponding sales invoice.
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