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 professional Sellers of Product(s).
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 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.
1.6 Users shall be vigilant when reading and accepting the T&Cs, as they can evolve between two successive visits.
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:
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Buyer |
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. |
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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 all kinds of products sold on the Marketplace. Unless otherwise specified, products sold on the Marketplace are second-hand products that have been renovated. |
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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(s) |
means any professional seller of Products registered 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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Services |
means services offered by Back Market on the Marketplace. |
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T&Cs |
means these terms and conditions of use which govern relations between Users and Back Market |
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User(s) |
means any natural or legal person acting in the course of its professional, commercial, statutory or philanthropic activity that accesses the Marketplace, regardless of whether such person or entity has a client account. For the avoidance of doubt, a Seller shall not be considered as a User for the purpose of these T&Cs. |
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.
3.2 Only professionals may create a customer account on the Marketplace.
4.1 The User provides accurate and complete information in order to guarantee the Services’ proper functioning. Notably the User shall provide Back Market with all information required about their value added tax (“VAT statuts”), including but not limited to : their VAT status, their VAT number, and / or any applicable exemptions.
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 Back Market by filing the form available under this link.
4.3 Unless Back Market 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 Back Market, such User agrees not to recreate an account, unless specifically authorized by Back Market.
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 Back Market’s prior written consent.
- Any use of the Elements for commercial or professional purposes without Back Market’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.
5.1 Back Market offers various Services:
- To Users, Back Market offers access to and use of its Marketplace, a client account, a secure payment method, and several quality services that are detailed on the Marketplace.
- To Sellers, Back Market offers access to and use of its Marketplace and others services. 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 Back Market and the Sellers
5.2 Back Market 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. Back Market is not a seller, a reseller, or distributor of the Products and never takes possession of them. As such, Back Market does not guarantee the safety, conformity or lawfulness of the Products, and cannot be held liable in this respect.
The payment methods on the Marketplace are made available by Back Market’s service providers. Back Market’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 Back Market and the Sellers. The security of the transaction is ensured by Back Market ’s payment partners.
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.
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 pro-support@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 Back Market that they wish to close their client account.
8.2 Back Market’s closing of the client account. Back Market 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. Back Market may also close a client account without cause, with reasonable prior notice.
8.3 Informing the User. Back Market 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.
9.1 Requests and complaints relating to the services: The Back Market customer services team can be reached by email at prosupport@backmarket.com. 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., Users should address their requests and complaints to a Back Market Pro customer service agent via the contact page in their account. Back Market Pro customer service will use its best efforts to respond to or relay the question or complaint to the Seller. The Seller retains sole responsibility for the Products they sell on the Marketplace.
10.1 Concerning the services: Back Market shall make every effort to ensure that the Services and the Marketplace are available. 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 function and/or a Service. Back Market 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, Back Market 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 Back Market 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.
The User’s personal data is processed by Back Market, as a data controller. In addition, Back Market uses cookies. The policies on personal data are described in the document “Data Protection” available on the Marketplace.
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 Back Market, the User and Back Market are invited to take the necessary steps to resolve their dispute on an amicable basis.
If no amicable settlement is reached, the User may refer the matter to the competent courts.
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