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Terms of Service

MarketPlace Terms and Conditions

I. General Terms and Conditions of Use for Buyers

Preamble

The Marketplace is a service offered by

THE MARKETPLACE has set up, on www. .com (hereinafter the "Site"), a Marketplace enabling adult buyers (hereinafter "Buyers" or "You"), after registering, to connect with professional Sellers also registered on the Site (hereinafter "Sellers") for the purpose of purchasing new and used products (hereinafter the "Products") offered at a fixed price (hereinafter the "Service").

To use the Service, the Buyer must agree to be bound by these General Terms and Conditions of Use for Buyers (hereinafter the "GTCU for Buyers") without restriction or reservation. This acceptance is confirmed by clicking on the validation button when registering for the Service.

Sales made through the Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale of the Service (hereinafter the "GTCS"), which must also be accepted by the Buyer at the time of each purchase and which supplement these Buyer Terms and Conditions.

THE MARKETPLACE invites you to read the GTS by clicking on the General Terms and Conditions of Sale.

1. Purpose

The purpose of these Buyer Terms of Use is to define the conditions under which THE MARKETPLACE makes available to Buyers, as part of the Service, the technological tools used to purchase Products from Sellers.

2. Description of the service

The Service consists of a set of tools enabling Sellers to connect with Buyers in order to offer them Products for sale, list and describe these Products, accept orders placed by Buyers, collect payment for the Products purchased and manage after-sales service for the Products sold.

Transactions carried out via the Service for the purpose of selling Products are concluded directly between the Buyer and the Seller. THE MARKETPLACE is in no way the Seller of the Products offered by Sellers through the Service.

3. Access to the Service

Access to the Service by Buyers is strictly for personal use. When using the Service, the Buyer declares that they are acting in a private capacity.

In addition to accepting these Buyer Terms and Conditions, access to the Service is subject to the opening of an account on the Site. To do so, you must provide data enabling your identification. When opening this account, you undertake to provide only accurate information and to inform LA PLACE DE MARCHÉ without delay of any changes affecting it, using the messaging tool made available to you as part of the Service.

To use the Service, you must use the username and password created when you opened your account. You agree to keep them secret and not to disclose them to any third party. You will be solely responsible for access to the Service using your username and password, unless there is evidence of fraudulent use that is not attributable to you.

In the event of loss, misappropriation or fraudulent use of your username and/or password, you agree to notify LA PLACE DE MARCHE customer service immediately.

4. Price of the service

Opening an account and using the Service is free of charge (excluding any connection costs, the price of which depends on your electronic communications operator), with no obligation to purchase on the Site. Only the purchase of Products from Sellers is subject to a charge, under the conditions set out in the GTC.

5. Privacy policy and use of personal data

The privacy policy and the User's rights regarding the processing of personal data are set out here:

PERSONAL DATA CHARTER -- GDPR

THE MARKETPLACE respects your personal data. Find out more about our privacy and data processing policy here.

You have a newsletter subscription or an account on the https://www website.

Our privacy policy has been updated to comply with the EUROPEAN UNION'S GENERAL DATA PROTECTION REGULATION.

As part of LA PLACE DE MARCHÉ's compliance with the GDPR, which came into force on 25 May 2018, we would like to inform you that we process personal data in order to enable us to manage your orders, among other things, on a contractual basis.

Your personal data is therefore stored by us for the duration of the contractual relationship, then archived for the period related to our liability, before being permanently deleted.

The list of personal data processed by LA PLACE DE MARCHÉ is as follows. This is an exhaustive list and we do not have this information concerning your civil status, addresses and telephone numbers if you have chosen not to provide it to us:

  • Surname

  • First name

  • Gender

  • Pseudonym

  • Personal website

  • Date of birth

  • Postal address

  • Email address

  • Telephone

  • Social media

  • Purchase history and free orders on the website

  • Browsing history on the website

  • Video viewing history

We remind you that you have the right to access, rectify, erase, object to and restrict the processing of your personal data.

You may exercise these rights by sending a written and signed request specifying the address to which the reply should be sent, accompanied by a copy of your identity document, to:

LA PLACE DE MARCHÉ, 6 lacet Saint Léon 98000 MONACO,

or by email to

A response will be sent to you within one month of receipt of the request, which may be extended if necessary.

Please note, however, that access to your courses, tutorials and related documents is directly linked to your customer account in accordance with our Terms and Conditions. Deleting your account will result in the deletion of access to purchased courses.

Personal data processed by LA PLACE DE MARCHÉ

The personal data processed by LA PLACE DE MARCHÉ is adequate, relevant and limited to what is necessary for the purposes for which it is processed.

THE MARKETPLACE does not process your bank details under any circumstances; these are only processed by PAYPAL, in accordance with the conditions determined by the latter.

The provision of personal data is sometimes required, and this requirement may be contractual or a condition for the conclusion of a contract. THE MARKETPLACE will inform you when you are required to provide personal data. If this is the case, failure to provide such data may make it impossible for THE MARKETPLACE to comply with regulatory obligations, respond to your requests or perform a contract.

Recipients of personal data

Your personal data is intended solely for those persons within THE MARKETPLACE who need to know it, within the strict limits of their duties.

In addition, your personal data may be accessible/communicated to service providers acting as processors within the meaning of the applicable regulations, whom LA PLACE DE MARCHÉ may use for processing purposes. LA PLACE DE MARCHÉ only uses subcontractors who provide sufficient guarantees regarding the implementation of appropriate technical and organisational measures to ensure that the processing meets the requirements of the applicable regulations and guarantees the protection of your rights. LA PLACE DE MARCHÉ will require these subcontractors to enter into the contractual obligations required by the applicable regulations.

Finally, THE MARKETPLACE may transmit your personal data to a court or administrative authority or to any other person designated by said court or administrative authority following a request to that effect made by the court or administrative authority, or when THE MARKETPLACE believes, in good faith, that such a transfer is necessary to satisfy the requirements of legal proceedings, respond to a complaint or other legal action, or protect the interests of THE MARKETPLACE.

Transfer outside the European Union/European Economic Area

THE MARKETPLACE only uses processing methods located within the European Union/European Economic Area and therefore does not transfer your personal data outside this area.

Rights

You have the following rights:

Right of access:

You have the right to obtain confirmation as to whether or not personal data concerning you is being processed by THE MARKETPLACE and, where it is, to obtain access to that personal data and certain information.

Right of rectification:

You have the right to obtain the rectification of any inaccurate personal data concerning you, as well as to have any incomplete personal data concerning you completed.

Right to erasure ("right to be forgotten"):

Under the conditions and within the limits provided for by the applicable regulations, you have the right to obtain the erasure of personal data concerning you.

Right to restriction:

Under the conditions and within the limits provided for by applicable regulations, you have the right to obtain the restriction of the processing of your personal data.

Right to portability:

Under the conditions and within the limits provided for by applicable regulations, you have the right to receive the personal data concerning you that you have provided to LA PLACE DE MARCHÉ, in a structured, commonly used and machine-readable format, and you have the right to transmit this data to another data controller.

Right to object:

When the processing of your personal data is necessary for the purposes of the legitimate interests pursued by LA PLACE DE MARCHÉ, you have the right, within the limits provided for by applicable regulations, to object to such processing at any time. You may also object at any time to the processing of your personal data for marketing purposes by contacting .

Right to withdraw your consent:

When the processing of your personal data is based on your consent, you have the right to withdraw it at any time.

Right to define post-mortem guidelines:

You may define and communicate to LA PLACE DE MARCHÉ specific guidelines regarding the storage, erasure and communication of your personal data after your death.

If you have any questions about this Policy or wish to exercise your rights, please contact LA PLACE DE MARCHÉ, specifying your request, surname, first name and email address, by email at the following address:

In order to exercise your rights, you must prove your identity by any means. In the event of reasonable doubt as to the identity of the person making the request, LA PLACE DE MARCHÉ may request additional information necessary to confirm the identity of the person concerned.

If, after contacting LA PLACE DE MARCHÉ, you believe that your rights have not been respected or that the processing carried out does not comply with the applicable regulations, you may lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), 3 place de Fontenoy TSA 80715 75334 Paris cedex 07, Tel. +33 1 53 73 22 22.

Security

THE MARKETPLACE implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the likelihood and severity of the risks to your rights and freedoms.

Purpose

Only data that is necessary and relevant to the purposes pursued is collected, in accordance with the principle of proportionality, in order to improve the quality of services.

THE MARKETPLACE will only collect data that is adequate, relevant and strictly necessary for the purpose of the processing. Depending on the situation, the purposes are as follows:

Personal account data is used for:

  • Creating a file of registered members,

  • Managing the account,

  • Enabling the use of our Site's services,

  • Comply with legal and regulatory obligations.

As technology evolves, the Publisher may add purposes that are not yet provided for in this Policy. If so, changes to the privacy rules will be made on this page.

Cookies

Cookies are small text files placed on your computer when you visit a website. They are used in particular to enable websites to function or to function more efficiently, as well as to provide information to the publishers of the website visited.

With the exception of cookies that are strictly necessary for the functioning of the site, we do not use cookies without first obtaining your consent.

When you first visit the website, you will be asked to accept or refuse the use of certain cookies.

The cookies used are stored on your device for a maximum period of thirteen (13) months from the date they are placed. At the end of this period, your consent will be required again.

With regard to other cookies, your choice will be reflected by the placement of a consent or refusal cookie.

Changing settings

Cookie management module

THE MARKETPLACE allows you to define which cookies you wish to accept and which you wish to refuse on this site.

At any time, by clicking on the "Cookie management and GDPR" tab at the bottom of the site, you can access the module and change your cookie preferences.

If you disable cookies, you will no longer be able to benefit from certain features whose service offering depends on the use of these same cookies.

Disabling cookies

You can configure your browser settings using the following procedures:

Firefox

  • In Firefox, click on the button with three lines

  • Select the "Options" menu

  • Click on the "Privacy" tab

  • Under 'History', change the 'Retention rules' and select the option 'Use custom settings for history'

  • Uncheck the box "Accept cookies"

Internet Explorer

  • In Internet Explorer, go to the "Tools" menu symbolised by a cog

  • Click on "Internet Options"

  • Click on the "Privacy" tab

  • Click on "Advanced"

  • Tick the box labelled "Override automatic cookie handling"

  • You can then select your preferences and "refuse" internal and/or third-party cookies

  • Save your preferences by clicking on "OK"

Google Chrome

  • In Google Chrome, click on the "Menu" icon symbolised by three dots

  • Click on the "Settings" tab

  • Click on the 'Advanced settings' tab and scroll down the list of settings

  • Click on 'Content settings'

  • Click on 'Cookies' • Tick the box 'Block third-party cookies'

Safari

  • In Safari, click on "Safari", then "Preferences"

  • Click on the "Privacy" icon

  • Next to "Block cookies and other website data", you can select your preferences. You can block all cookies by selecting "Always" or block third-party and advertising cookies by selecting the corresponding box.

Changes to the Privacy Policy

This Privacy Policy may be amended at any time at the initiative of LA PLACE DE MARCHÉ.

Your personal data is processed by LA PLACE DE MARCHÉ.

Purposes:

Information relating to your account and your orders is processed to create and manage your account, manage your orders and track them, as well as for fraud prevention, statistical analysis and customer knowledge purposes. LA PLACE DE MARCHÉ also uses your data for marketing and targeted advertising purposes (sending electronic communications, postal or telephone prospecting and advertising profiling by combining data) on its own behalf or on behalf of partners as part of its advertising management. Depending on your choices, your contact details and profile information may be passed on to advertising agencies or commercial partners for commercial prospecting and advertising targeting purposes.

Unless you object, your telephone number may be used for telephone canvassing by LA PLACE DE MARCHÉ or by partners. You can view and refuse at any time the use of your data for commercial prospecting and advertising profiling on the Personal Data page here.

Data transfers

Your data is transmitted to Sellers for purposes strictly limited to managing the orders you place with them, as well as to enable them to meet their legal and regulatory obligations where applicable. Depending on your choices, certain information may also be transmitted to entities within the LA PLACE DE MARCHÉ group for customer knowledge and personalisation of our services.

We also inform you that our platform is open to Sellers located throughout the world and that, as a result, the transfers of personal data referred to in the previous paragraph may be made to a Seller located outside the European Union if you have chosen to purchase a product from one of them. These transfers are strictly necessary for the fulfilment of orders you place with these Sellers.

For more information on the terms and conditions of use of the PLACE DES MARCHES account, please click here.

For more information on the processing and protection of your personal data, please consult the Marketplace's privacy policy on the website www. .com

6. Intellectual property

6.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the Website are strictly reserved under copyright and intellectual property rights for the entire duration of the protection of these rights and worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any reproduction, representation, modification or adaptation, in whole or in part, of the Website and/or all or part of the elements found on the Website or incorporated therein is strictly prohibited.

6.2 - The company names, trademarks and distinctive signs reproduced on the Website are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorisation from the trademark owner.

6.3 - Certain Products are subject to personal and specific rights of use regulating copies, public distribution, rentals, etc. You must comply with the contractual conditions applicable to these Products and THE MARKETPLACE cannot be held liable for any use that may be made of these Products in this context.

7. Liability

LA PLACE DE MARCHÉ shall only be liable to the Buyer for acts directly attributable to it and which cause the Buyer damage directly related to these acts. It shall not be liable for indirect damage. THE MARKETPLACE shall also not be held liable for any misuse of the Service by the Buyer or for any fault on their part. Nor shall it be held liable for any acts attributable to a third party to the Service.

Furthermore, in accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, THE MARKETPLACE cannot be held liable for the content made available on the Website by Buyers or Sellers, in particular with regard to the description of Products or the assessments that Buyers make of Sellers, unless it fails to make them promptly inaccessible after being informed of their illegality under the conditions provided for by this law.

Finally, THE MARKETPLACE declines all responsibility for sales concluded by Buyers through its Service with Sellers, to which it remains unrelated. Any complaints relating to comments appearing in the description of the Products or to the delivery of the Products will be redirected to the designated Seller, who will assume full and sole responsibility in this regard.

The Buyer is solely responsible for their use of the Service, in particular for the reviews they post on the Website, and undertakes to indemnify and compensate THE MARKETPLACE on first request for any damage, loss or loss of profit that LA PLACE DE MARCHÉ may suffer if its liability is engaged by a third party as a result of an action related to the Buyer's use of the Service.

8. Partial invalidity

If one or more provisions of these Buyer Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.

9. Applicable law and handling of complaints regarding the Service - Online dispute resolution.

These Buyer Terms and Conditions are subject to Monegasque law. Any dispute relating to their interpretation and/or execution shall be subject to the jurisdiction of the Monegasque courts.

II. General Terms and Conditions of Use for Sellers

Preamble

THE MARKETPLACE has set up a Marketplace on www. .com (hereinafter the "Site") enabling adult Sellers (hereinafter "Sellers" or "You"), after registering, to connect with private buyers (hereinafter "Buyers"), also registered on the Site, for the purpose of selling new and second-hand items (hereinafter the "Products") at fixed prices (hereinafter the "Service").

To use the Service, the Seller agrees to comply with these General Terms and Conditions of Use for Sellers (hereinafter the "GTCU for Sellers") without restriction or reservation. This acceptance is confirmed by clicking on the validation button when registering for the Service.

The rights and obligations arising from the relationship between THE MARKETPLACE and the Seller are personal, non-assignable and non-transferable.

Sales made through the Service between Buyers and Sellers are governed by the General Terms and Conditions of Sale (hereinafter the "GTCS"), which are deemed to be accepted by the Seller upon each order confirmation; they supplement these Seller Terms and Conditions.

THE MARKETPLACE invites you to read the GTS by clicking on the General Terms and Conditions of Use for Sellers.

THE MARKETPLACE reserves the right to modify these Terms of Use. Any modifications shall take effect within the period specified by THE MARKETPLACE for online Products upon notification to the Seller. They shall not apply to transactions in progress at the time of their entry into force.

1. Purpose

The purpose of these Seller Terms and Conditions of Use is to define the conditions under which THE MARKETPLACE provides Sellers, as part of the Service, with technological tools enabling them to offer Products for sale.

2. Description of the service

The Service consists of a set of tools enabling Sellers to connect with Buyers in order to offer them Products for sale, list and describe these Products, accept orders placed by Buyers, collect payment for the Products purchased, and manage after-sales service for the Products sold.

Transactions carried out via the Service for the purpose of selling Products are concluded directly between the Buyer and the Seller. THE MARKETPLACE is in no way the Seller of the Products offered by Sellers through the Service.

Furthermore, in the event of non-compliance with these Seller Terms and Conditions, THE MARKETPLACE reserves the right to temporarily or permanently interrupt the Seller's access to the Service by suspending or terminating these Terms and Conditions under the conditions set out in Article 8.

2.1 - VAT

In principle, the Seller is responsible for any taxes, duties, levies and eco-contributions due in respect of the transaction it enters into with a Buyer. As an exception, from 1 July 2021, in the context of transactions between a Buyer acting in a private capacity established in France or Monaco and (i) a Seller established outside the European Union or (ii) a Seller established in the European Union but importing the Products from a country outside the European Union, THE MARKETPLACE shall be liable for the VAT relating to the transaction concluded between the Seller and the Buyer in accordance with Article 147 of the 2021 Finance Act transposing Directive 2017/2455/EU.

In these cases, the Seller does not have to pay any VAT to the French tax authorities, as THE MARKETPLACE is responsible for paying the VAT relating to the transaction between the Seller and the Buyer directly to the tax authorities. This amount will be deducted by THE MARKETPLACE from the amounts to be paid to the Seller.

LA PLACE DE MARCHÉ's liability for VAT relating to the transaction does not apply to transactions carried out by a Seller when these are subject to the VAT margin scheme provided for in Articles 297 A et seq. of the French General Tax Code (CGI). However, due to the very limited scope of the VAT margin scheme provided for in Articles 297 A et seq. of the CGI among transactions where THE MARKETPLACE is liable for VAT, the Seller undertakes never to offer for sale Products covered by this scheme.

For transactions where THE MARKETPLACE is liable for VAT because the Products are imported from a country outside the European Union, the Seller acknowledges that the accuracy of the tax regime applicable to a transaction between a Seller and a Buyer depends on the information provided by the Seller to THE MARKETPLACE. Consequently, the Seller undertakes to provide LA PLACE DE MARCHÉ with the place of dispatch of the Products sold to each Buyer for each transaction with a Buyer. The Seller expressly acknowledges that the successful completion of a transaction with a Buyer established in France or Monaco requires compliance with several formal conditions enabling the systematic inspection of parcels by the customs authorities. In particular, the Seller undertakes to affix the IOSS number (order with a value excluding tax and transport costs of less than or equal to €150) or VAT number (order value excluding tax and shipping costs greater than £150) of THE MARKETPLACE on the parcel containing the Products in order to enable the correct information to be reported for the VAT treatment of the Products. Furthermore, when a Buyer purchases several Products from the same Seller in a single order, the Seller undertakes to group the Products into a single parcel.

The Seller acknowledges that, for each transaction with a Buyer, it is fully liable for any customs duties due on the introduction of Products into the European Union, undertakes to pay them in full and to include them in the pre-tax sale price of the Products. Under no circumstances shall customs duties paid on the Products be invoiced separately or charged to the Buyer.

2.2 Eco-contribution

The Seller is required to comply with its obligations under Law No. 2020-105 of 10 February 2020 on waste reduction and the circular economy (known as the AGEC Law), in particular those relating to Extended Producer Responsibility (EPR), in accordance with Articles L541-10 et seq. of the Environmental Code.

As a reminder, the main obligations under EPR are as follows:

  • Join an approved eco-organisation for the sector concerned by the product, collect and pay the eco-contribution to this eco-organisation;

  • Transmit the information listed in Article L.541-10-13 of the Environmental Code to eco-organisations.

  • Transmit all information enabling THE MARKETPLACE to keep the register required by Article L.541-10-9 of the Environmental Code

In this context, the Seller is required to send LA PLACE DE MARCHÉ each unique identifier (IDU) issued by the eco-organisation to which the Seller belongs.

In the event of the incorrect provision of one or more IDUs, La Place de Marché reserves the right to delete the IDU and inform the Seller. Furthermore, if the Seller has one or more incorrect IDUs following a check against the Syderep database (Système déclaratif des filières de responsabilité élargie du producteur - Extended Producer Responsibility Reporting System) or if the Seller has not provided their IDU(s), The Marketplace reserves the right to inform the Seller and ask them to complete this information.

Furthermore, in accordance with Article L.541-10-8 of the French Environmental Code, the Seller is obliged to take back certain products covered by the EPR scheme free of charge.

Furthermore, the Seller is required to provide the Buyer with information on the terms and conditions of take-back prior to the conclusion of the sale, in a visible, legible and easily accessible manner.

In this respect, the Seller must specify the take-back terms applicable to its offer and take back the Product where applicable.

In the event of non-compliance by the Seller with these obligations relating to the take-back of Products, the Marketplace reserves the right to recover from the Seller the costs associated with this take-back carried out by the Marketplace on behalf of the latter.

3. Access to the service

In addition to accepting these Seller Terms and Conditions, access to the Service is subject to the opening of an account on the website.

To access the Service, you must provide data enabling your identification as well as your contact details. When opening this account, you agree to provide only accurate information and to inform LA PLACE DE MARCHÉ immediately of any changes affecting it.

Access to the Service is limited to the opening of a single account. Any duplicate accounts will be immediately deleted unless prior approval has been given by LA PLACE DE MARCHÉ.

LA PLACE DE MARCHÉ reserves the right to terminate an account if it has one or more elements in common with an account previously terminated for breach.

To use the Service, you must use the username and password created when you opened your account. Usernames and passwords are the sole responsibility of the Seller. The Seller undertakes to take all necessary measures to ensure that they are not disclosed to third parties or used by unauthorised persons. The Seller is responsible for maintaining the confidentiality of usernames and passwords. In this regard, the Seller is liable for the consequences of the loss or misappropriation of usernames and passwords.

In the event of loss, misappropriation or fraudulent use of your username and/or password, the Seller undertakes to immediately notify the sales department via the Seller account login page.

The Seller is responsible for any unauthorised access, damage, disruption and harmful consequences caused by your failure to keep your login details confidential.

4. Obligations relating to transactions carried out through the service

4.1. General obligations

The Seller must identify themselves to Buyers as acting or not acting in a professional capacity. They expressly undertake to identify themselves as acting in a professional capacity as a Seller when they sell Products through the Service on a regular basis and for profit.

The Seller undertakes to comply with the applicable legislation governing the exercise of a commercial activity (in particular registration, accounting, social security and tax obligations). The Seller may be required to submit tax and social security declarations in respect of its activity of selling goods on the Site. The administration provides the Seller with information sheets specifying its tax and social security obligations.

In addition, the Seller undertakes to provide THE MARKETPLACE with all the data necessary to comply with the reporting obligations to which THE MARKETPLACE is subject in accordance with the provisions of the DAC 7 regulation, in force since 1 January 2023 under French law. In this context, the Seller certifies that the data provided is correct and undertakes to notify LA PLACE DE MARCHÉ immediately in the event of any change to one or more items of data collected and declared for the purposes of the DAC 7 regulations.

The Seller also undertakes to comply with the laws and regulations applicable to it in its capacity as a professional, particularly with regard to the Products it sells on the Website.

Furthermore, the Seller expressly refrains from promoting, directly or indirectly, in any form whatsoever (in particular by inserting hypertext links, any message in the description of the Products, any printed material in parcels sent to the Buyer, or by using the URL address of its website in its username or on the Seller page, or by using packaging cardboard) its products or services, as well as those of any other person.

The Seller undertakes to use all means necessary to optimally fulfil its obligations by providing a high-quality service to Buyers.

To this end, the Seller undertakes to respond to emails from LA PLACE DE MARCHÉ's Customer Service and Sales Department, as well as to emails from Buyers, within two working days of receipt, in French.

All exchanges between the Seller and LA PLACE DE MARCHÉ are strictly confidential. The Seller therefore undertakes not to disclose the content of these exchanges to any third party.

The Seller shall refrain, without this list being exhaustive, from using visuals or trade names, pseudonyms or making comments or other messages that are offensive, contrary to public order or morality, that infringe on the rights of individuals or the intellectual property rights of third parties, laws and regulations and the image of LA PLACE DE MARCHÉ. Failing this, LA PLACE DE MARCHÉ reserves the right to temporarily or permanently interrupt the Seller's access to the Service by suspending or terminating these terms and conditions under the conditions set out in Article 8.

4.2. Obligations relating to Product offers on the Website

The Seller undertakes and guarantees that it will only sell Products that it owns or over which it has the rights to sell. It guarantees that they do not in any way contravene the laws, regulations in force and applicable standards, whether mandatory or not (in particular concerning the marketing of games and toys) and that they do not infringe the rights of third parties. In this regard, the Seller shall refrain from selling any Products that constitute infringing works within the meaning of the Intellectual Property Code or any Products whose marketing is regulated by legislative, regulatory or contractual provisions (in particular due to the existence of a selective distribution network). The Seller is solely responsible for the sale of the Products it offers on the Service.

The Seller shall refrain from offering on the Site, without this list being exhaustive: products of a pornographic nature and, more generally, products that are contrary to public decency; goods that incite racial hatred or discrimination based on race, sex, religion, nationality, physical abilities, sexual orientation or age; stolen goods; medicines or drugs of any kind; weapons, weapons of war and ammunition; live animals; alcoholic beverages.

The Seller undertakes to act in good faith in the description associated with the Product offers it proposes on the Site. It is solely responsible for the accuracy of the information contained therein and undertakes to ensure that it does not mislead potential Buyers, either in terms of the characteristics of the Product, the associated guarantees, its condition or its price. With regard to second-hand Products in particular, the Seller must provide an accurate description of the condition of the Product. The Seller shall provide Buyers with all the information they need to know about the essential characteristics of the Product (where applicable, the composition of the Product, including accessories, origin, legal guarantees, the terms and conditions of their implementation, or any other contractual conditions, etc.).

The Seller further undertakes that the illustrations/visuals provided in the description associated with the Product offers it proposes (photographs, drawings, etc.) shall be consistent with the Products thus illustrated and shall respect the rights of third parties and shall not be contrary to public order or morality. The Seller guarantees THE MARKETPLACE that it has the rights, in particular intellectual property rights, relating to these illustrations, which allow it to use them to present the Products.

In accordance with the provisions of the law of 21 June 2004, known as the "LCEN" (Law on Confidence in the Digital Economy), THE MARKETPLACE may remove any information posted on the Site by a Seller in the event of notification by a third party of the illegal nature of this information or of a violation of a right.

The Seller must also specify the country of shipment of the Products in the description associated with the offers.

4.3. Obligations relating to the price of Products

The selling price of the Products is freely determined by the Seller, in accordance with the laws and regulations in force.

This price must be stated on the Website inclusive of all taxes and charges (including VAT, import VAT, packaging costs, eco-tax, customs duties, private copying levies where applicable, delivery costs, etc.).

Therefore, the Buyer cannot be asked to pay any amount other than that shown on the Product description sheet.

For certain products, it will be possible to use the Customer requests contact feature:
In this case, on the product page, there will be no option to add to the basket, but a "Contact the seller" button.

When the customer uses this feature, the request will appear for the seller and the customer in the "Requests" tab.

Unlike a price request, in this case the price will always be fixed.

Contact request for the seller

Must contain a message from the user and an information message

"Accept this offer" button

When the user presses this button, they will be charged a one-time payment

They are redirected to the screen.

Cancellation: if the buyer cancels the order after acceptance, the seller's terms and conditions will apply.

The MARKETPLACE is a third party in the relationship between the seller and the customer, and only the seller will decide on the appropriate action to take, including whether a return/refund is accepted, in accordance with the applicable legislation.

4.4. Obligations relating to the sale of Products

Contracts for the sale of Products offered by the Seller on the Site are concluded between the Seller and the Buyer. The Seller undertakes to offer only available Products on the Site and to remove from the Site without delay any offer relating to Products that are no longer available. The Seller is solely responsible in the event of the unavailability of a Product over which it has sole control.

The Seller is informed by email, via its interface and in its account by THE MARKETPLACE when a Product it has posted online has been ordered by a Buyer.

The Seller must then confirm the order in question within two working days of receiving the information referred to in the previous paragraph.

The Seller also undertakes to check their emails regularly, at least once per working day, at the address provided to THE MARKETPLACE when opening their account and, subsequently, in the event of any change affecting this information, in order to be able to confirm the Products ordered by Buyers.

Confirmation of the order by the Seller implies a firm commitment on the part of the Seller to ship the Product(s) within the time limit referred to in paragraph 4.5 (v) below. If the Seller does not respond within the time limit referred to in the previous paragraph, the sales contract will be automatically cancelled and the Seller's account will be put on hold.

In the event of absence or unavailability for more than 2 working days, the Seller must temporarily suspend the online listing of their Products for sale using the "vacation" tool made available to them on the Service.

The Seller undertakes to fulfil at least 95% of orders for Products offered for sale on the Site since opening their account. Failing this, THE MARKETPLACE reserves the right, for Sellers who have made at least 5 sales, to temporarily or permanently interrupt the Seller's access to the Service by suspending or terminating these terms and conditions under the conditions set out in Article 8.

4.5. Obligations relating to the delivery of Products

(i) The description associated with each Product presented on the Website shall indicate the delivery methods offered for the delivery of that Product, under the sole responsibility of the Seller.

Sellers shall nevertheless be free to set their own delivery rates.

(ii) The Seller must send the Buyer a delivery note for the Product purchased. The Seller must enclose with the delivery of the Product a purchase invoice or any other document enabling the Buyer to invoke their warranty, if applicable.

(iii) The Seller undertakes to take all necessary care when packaging the Products ordered so as to prevent the Products from being damaged during transport. The Product travels at the Seller's expense and risk.

(iv) THE MARKETPLACE shall send the Seller, within 24 hours of the Buyer's order at the latest, the information relating to the Buyer enabling it to deliver the Product(s) ordered.

(v) The Seller undertakes to mention the estimated delivery time for each geographical area in the Product description.

4.6. Obligations relating to disputes concerning Products

In general, the Seller undertakes to use all necessary means in good faith to fulfil its obligations by providing a quality service to Buyers.

At any time, the Buyer may contact the Seller to submit any request or complaint relating to the Products ordered using the messaging tool provided as part of the Service, in particular to assert their guarantees when they are in force.

In addition to the messaging tool, a dedicated button is available to enable any Buyer to report any complaint concerning the Products ordered (e.g. product not received, etc.) in their account within 90 days of purchases made from a professional Seller.

Beyond these deadlines, the Buyer retains the option of contacting the Seller to make any request relating to the Products ordered using the messaging tool provided as part of the Service.

In the event of a complaint from a Buyer regarding a Product, including when the Seller is informed of said complaint via the information tool made available to them in the Service and/or by an email sent by THE MARKETPLACE, the Seller shall take personal responsibility for resolving the dispute with the Buyer. Disputes shall be settled directly between the Buyer and the Seller, where applicable using the messaging tool made available to them on the Service. The Seller shall make every effort to resolve the dispute with the Buyer amicably.

However, if the Seller has not resolved the dispute with the Buyer within 8 working days of receiving the complaint, THE MARKETPLACE reserves the right, after first informing the Seller, to refund the Buyer for the Product. This same amount will then be deducted from the sums to be paid by THE MARKETPLACE to the Seller for the Products sold by the Seller via the Service.

If the Buyer's complaint proves to be justified, the Seller shall either return the Product ordered or refund the Buyer.

If the Buyer exercises their right of withdrawal, LA PLACE DE MARCHÉ, in its capacity as a trusted third party, will refund the sums paid (including delivery costs) no later than 14 days from the date on which the Buyer exercised their right with the Seller and LA PLACE DE MARCHÉ was informed thereof. This refund date may be deferred until the Product has been recovered or until the Buyer has provided both the Seller and LA PLACE DE MARCHÉ with proof of shipment of the Product, whichever occurs first. The refund will be made using the same payment method used by the Buyer (by crediting the PAYPAL account). This amount will then be deducted from the sums owed by THE MARKETPLACE to the Seller for the sale of the Products. However, if the Seller's account is in debit by more than €150, the refund for the Product returned by the Buyer will be made directly by the Seller to the Buyer.

THE MARKETPLACE reserves the right, with regard to Sellers who have made at least 5 sales, to suspend or terminate these terms and conditions under the conditions set out in Article 8 in the event that the Seller exceeds a complaint rate of 5% of its orders.

4.7. Failure by the Seller to comply with its obligations

It is hereby reiterated that THE MARKETPLACE reserves the right to permanently or temporarily suspend access to the service for the Seller concerned in the event of non-compliance with its obligations, as provided for in Article 8.

5. Financial provisions

For each order of Products received by a Buyer, THE MARKETPLACE will charge the Seller a commission equal to a percentage of the corresponding amount, including shipping costs and excluding VAT. This commission will be specified in the special terms and conditions of sale.

For certain types of products, "advance fees" may also be provided for, which are flat-rate and exclude any percentage commission.

THE MARKETPLACE shall pay the Seller the total amount of the order price, less the commission or fees, after confirmation by the Buyer of receipt of the Product(s) purchased.

It is specified that the commission shall remain payable to THE MARKETPLACE in the event of cancellation of an order following a message and/or justified complaint from the Buyer.

Invoicing will be carried out on the 1st, 5th, 10th, 15th, 20th, or 25th of each month.

Payment shall be made by bank transfer to the bank account details provided by the Seller in "My Account" after the said confirmation, on the Tuesday or Thursday following invoicing (on the same day if applicable).

Example 1: a Product is received on Monday 22 June, invoicing will take place on the following 25 June. The associated transfer will be made on the same day as invoicing (Thursday 25 June).

Example 2: a Product is received on Wednesday 12 January, invoicing will take place on the following 15 January. The associated transfer will be made on the Tuesday following invoicing (18 January).

In the absence of confirmation of receipt of the Product by the Buyer and in the absence of any dispute by the Buyer brought to the Seller's attention within the time limit set for the Buyer to do so, the Product will be deemed to have been received 21 days after the date of debit from the Buyer's bank account or after the actual date of shipment.

THE MARKETPLACE reserves the right to suspend payment of sums due to the Seller in the event of a breach by the Seller of its obligations.

6. Evaluation of Sellers

THE MARKETPLACE provides Buyers with the means to evaluate the performance of Sellers after confirmation of receipt of the Product ordered, thus enabling Buyers to select Products from the most reliable Sellers who best comply with the terms and conditions of use of the Service.

The assessment is carried out according to evaluation criteria and by awarding stars.

For Sellers who have made at least 5 sales since opening their account, THE MARKETPLACE reserves the right to temporarily or permanently suspend access to the Service for Sellers whose rating is below 4, by suspending or terminating these terms and conditions under the conditions set out in Article 8.

Automatic rules will be applied in the event of a breach by the seller of their obligations to varying degrees.

7. Ranking of offers

7.1 Criteria for ranking MarketPlace seller offers visible on product pages:

However, it is possible for the user to modify this ranking on the product page by selecting a different sorting criterion based on:

  • Descending price

  • Partner seller ratings

  • Number of sales made by partner sellers

7.2 Ranking criteria on results pages:

By default, the offers appearing on the results pages following a search are ranked according to their relevance to the user's search.

However, users can change this ranking on the results page by selecting a different sorting criterion: Users can change the ranking by selecting a different sorting criterion based on:

  • The cheapest prices

  • The most expensive prices

  • Best sellers

  • User ratings

  • New products

7.3 Personalised recommendation systems for our products and offers

Product recommendations

Through their account, users benefit from personalised assistance when browsing our products, offers and services, designed to offer them the most relevant products and services tailored to their needs and desires.

To provide this advice, our site uses a recommendation algorithm that prioritises the most relevant products based on their browsing and purchasing history, to assist them in making the choices we believe are most appropriate for them. This allows users to discover and choose offers that interest them, without having to browse areas that do not meet their expectations.

We may recommend products to the user that are similar to those they have already purchased or viewed and that match their interests. We may also recommend products that have been purchased by other customers with similar interests.

These personalised recommendations are an integral part of our duty to advise, which is one of the key factors in customer satisfaction. They are essential and intrinsic to the promotion of our products and services and enable us to provide our customers with the best possible advice.

Other personalisation services

We may also tailor the browsing experience on our website to the user's browsing habits on LA PLACE DE MARCHE, such as displaying their favourite sections.

8. Suspension - Termination

8.1 Upon receipt of a notification of illegal content relating to the Seller, LA PLACE DE MARCHÉ reserves the right to take one of the following actions, after sending the reasons for this restriction on a durable medium:

  • Restriction of content visibility (removals, modifications, blocks, downgrades);

  • Suspension, termination or other restriction of payments;

  • Suspension or termination of all or part of the Service;

  • Suspension or termination of the Seller's account.

All actions relating to content moderation are carried out through human review.

8.2 These Terms and Conditions of Use are concluded for an indefinite period. Each Party may therefore terminate the Terms and Conditions at any time by giving two months' notice and stating the reasons for such termination.

8.3 In the event of a breach by the Professional Seller of any of its obligations, THE MARKETPLACE may terminate this contract after sending the reasons for such termination on a durable medium.

8.4 Where a legal or regulatory obligation requires termination, or in the event of a serious and/or repeated breach by the Seller of its obligations or affecting its accounts, including but not limited to: fraud, failure to comply with its tax obligations or the tax commitments set out in Article 2 hereof, abusive language, counterfeiting, infringement of third party rights, failure to comply with at least one of the quality indicators (...), THE MARKETPLACE may terminate these T&Cs without notice and without the Seller being entitled to any compensation.
In particular, a serious breach includes (i) failure to comply with VAT obligations (declaration and payment of VAT on transactions subject to VAT in France), resulting in the implementation of the procedure provided for in Article 283 bis of the CGI, (ii) providing THE MARKETPLACE with inaccurate information about the Seller's identity and the country where its registered office is actually located, (iii) providing THE MARKETPLACE with an incorrect shipping address. In the event of a report by the tax authorities of an irregularity on the part of the Seller, for whatever reason, THE MARKETPLACE may block the Seller's payments while it conducts the relevant investigations.

8.5 THE MARKETPLACE has set up an internal complaint handling system, allowing any SELLER to lodge a complaint against a decision taken by THE MARKETPLACE.

In the event of a dispute by the SELLER regarding a decision taken by THE MARKETPLACE, the SELLER has the option of contesting it, in accordance with Article 14 of these Terms and Conditions, by referring the matter to the Monegasque courts.

THE MARKETPLACE reserves the right to suspend access to this internal system in the event of abusive complaints by a SELLER. For example, complaints that have already been submitted to THE MARKETPLACE and have been processed by the latter without providing new evidence are considered abusive.

9. Personal data

Your personal data as a "Seller" is processed by THE MARKETPLACE acting as the data controller for the processing carried out in connection with the Service, namely:

Processing carried out by THE MARKETPLACE:

Management of registration and monitoring of seller accounts;

Connecting with buyers;

Compilation of sales statistics;

Management of requests for access, rectification and opposition rights;

Operations relating to commercial prospecting and advertising profiling;

Fraud prevention and risk management;

These processing operations are based on various legal grounds: contractual performance (management of the commercial relationship and account agreement) and/or the legitimate interest of LA PLACE DE MARCHÉ (fraud, risk assessment and management), and/or consent and/or legal obligations to which LA PLACE DE MARCHÉ is subject.

For the purposes described above, THE MARKETPLACE may disclose certain information to service providers, other companies in their respective groups or business partners, in particular:

  • GIE CB for the acceptance of card payments in the CB System, for the purposes of combating fraud and managing any legal proceedings, in accordance with the missions defined in the GIE CB statutes and in order to meet regulatory or legal obligations, particularly in criminal or administrative matters related to the use of the card.

  • Aggregators for statistical purposes

  • Partners for the purposes of prospecting by electronic, postal or telephone means.

You may object to this communication by sending a letter, providing proof of your identity, to:

You are informed that data concerning you may be transferred for the purposes of commercial relationship management (call centre) to companies located in countries outside the European Union (Morocco and Madagascar) which have a lower level of data protection than in the European Union. Prior to the transfer outside the European Union, LA PLACE DE MARCHÉ has taken the necessary measures and guarantees to secure such transfers.

The data collected by LA PLACE DE MARCHÉ is kept for the longest period necessary to comply with applicable legal and regulatory provisions or for another period taking into account operational constraints.

In accordance with the regulations on the protection of personal data, you may exercise your rights (access, rectification, deletion, opposition, limitation and portability, where applicable) and define the fate of your personal data "post mortem"

  • By contacting LA PLACE DE MARCHÉ by post:

In order to enable us to respond quickly, please provide your surname, first name, e-mail address and postal address. Certain requests to exercise your rights (right of access) must be accompanied by a photocopy of an identity document bearing your signature in order to verify your identity and specify the address to which the reply should be sent. A reply will then be sent to you within one month of receipt of the request.

You may submit your comments at any time during the risk analysis carried out by LA PLACE DE MARCHÉ as part of its fraud prevention measures.

You also have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), in particular on its website www.cnil.fr.

For more information on the processing carried out by THE MARKETPLACE, see Chapter 5 of the buyer's terms and conditions.

LA PLACE DE MARCHÉ uses cookies. For more information on cookies, see point 5 of the general terms and conditions for buyers.

With regard to data relating to orders for the Seller's Products collected as part of the Service, LA PLACE DE MARCHÉ will inform Buyers that this data is intended for LA PLACE DE MARCHÉ, , and that the information necessary for the delivery of the Products will be transferred to the Seller for this sole purpose and, where applicable, to enable it to meet its legal obligations.

The Seller irrevocably undertakes to use the Buyer's personal data transmitted to it by THE MARKETPLACE solely for the purposes of delivering the Products and to enable it to fulfil its legal obligations, in particular in terms of identifying cycles where applicable. The Seller undertakes not to keep any copies of this data once the Product(s) ordered have been shipped. Any other use, rental, sale, resale or copying by the Seller is prohibited. In this context, the Seller may receive information by email related to the Service from THE MARKETPLACE.

Fraud prevention

In order to combat fraud (non-delivery to customers, unpaid bills, ...) or inappropriate behaviour on the part of the Seller (complaints, poor reviews or insufficient satisfaction rates, etc.) and thus ensure optimal service quality for Users of the Service, the Seller's personal data collected on the site is processed by LA PLACE DE MARCHÉ to determine the level of fraud risk and trust associated with the Seller's account. As part of this analysis, THE MARKETPLACE may consult its service providers specialising in risk prevention in order to refine its analysis. Some of these service providers also receive the results of the analysis and may use them on their own behalf to add to their own incident files. Certain data relating to the terminal associated with the Seller's account may also be transferred to the United States. The Marketplace takes all necessary measures and guarantees to secure these transfers.

Messages exchanged between the Seller and the Buyer via THE MARKETPLACE are stored by THE MARKETPLACE and may be used to prove inappropriate behaviour on the part of the Seller.

Depending on the results of the checks carried out on Seller accounts (upon registration and during the lifetime of the account), the trust rating assigned to the Seller account or the Seller's behaviour, THE MARKETPLACE may take measures such as refusing to register the Seller on the Marketplace, temporarily suspending or permanently closing the Seller account. These measures may also result in the suspension of payments to Sellers in the event that the Seller has not or may not proceed with delivery. The occurrence of an incident (non-delivery, unpaid bills concerning THE MARKETPLACE, account closure, negative trust rating, etc.) may result in the data relating to the account being entered into LA PLACE DE MARCHE's alert file, which may, during subsequent logins or registrations by Sellers, lead LA PLACE DE MARCHÉ to carry out additional checks or refuse to register Sellers.

At any time during the risk analysis carried out by LA PLACE DE MARCHÉ, you may submit your comments by writing to

. Furthermore, in accordance with the amended Data Protection Act of 6 January 1978, you have the right to access, rectify, delete and object to the use of your data. To exercise these rights, you can write to us at , indicating your surname, first name, email address and, if possible, your customer reference number.

Sellers located outside the European Union:

If you operate from a country outside the European Union, you undertake to process the personal data communicated to you in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (the "GDPR"). You also acknowledge that you will implement the appropriate technical and organisational measures to protect this data against any breach of its availability, integrity or confidentiality.

When you receive data from THE MARKETPLACE for purposes strictly limited to the fulfilment of orders, you act as the data controller. If you use subsequent processors, you shall implement procedures to ensure that they may only process the data you provide to them on your express instructions and that they are bound by the same obligations as you in terms of personal data protection.

11. Intellectual property

11.1 - All texts, comments, works, illustrations, works and images reproduced or represented on the Website are strictly reserved under copyright and intellectual property rights, for the entire duration of the protection of these rights and worldwide. As such, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any reproduction or representation of the Website or all or part of the elements found on the Website, in whole or in part, is strictly prohibited.

11.2 - Certain products are subject to personal and specific rights of use regulating copies, public distribution and rentals. You must comply with the general terms and conditions of sale for these products, and THE MARKETPLACE cannot be held liable for any use that may be made of the Products in this context.

11.3 - THE MARKETPLACE reserves the right to use the Seller's intellectual property rights within the framework of the Service.

12. Liability

The Seller guarantees and shall indemnify THE MARKETPLACE on first demand against any damage suffered by THE MARKETPLACE and against any liability action brought against THE MARKETPLACE as a result of the Seller's infringement of any right of a third party, including a Buyer, whether such damage results from the sale of Products, the Seller's use of the Service, or any other act attributable to the Seller.

LA PLACE DE MARCHÉ shall only be liable to the Seller for acts directly attributable to it and shall in any event be limited to the amount corresponding to orders placed in the previous month. It shall not be liable for indirect damages, in particular the loss of opportunity to sell Products in the event of the Service being unavailable. LA PLACE DE MARCHÉ cannot be held liable for the Seller's misuse of the Service.

THE MARKETPLACE declines all responsibility for sales concluded between Sellers and Buyers through its Service. Any complaint relating to the Products (description, delivery, conditions of use, etc.) brought to the attention of THE MARKETPLACE will be forwarded to the Seller concerned, who will assume full and sole responsibility.

13. Partial invalidity

If one or more provisions of these Seller Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.

14. Applicable law / Jurisdiction

These Seller Terms and Conditions are subject to Monegasque law and the jurisdiction of the Monegasque courts.

15. Anti-Corruption

The Parties agree that, at all times in connection with and throughout the term of the Contract, and thereafter, they shall comply with and take reasonable measures to ensure that their subcontractors, agents or other third parties under their control or decisive influence comply with the following provisions.

The Parties shall prohibit the following practices at all times and in any form whatsoever, in relation to a public official at the international, national or local, a political party, a party leader or a candidate for political office, and a director, agent or employee of a Party, regardless of whether such practices are adopted directly or indirectly, including through third parties:

a) Corruption means offering, promising, giving, authorising or accepting any undue pecuniary advantage or any other undue advantage to, from or for any of the above-mentioned persons or for a third party with the aim of obtaining or retaining a contract or other undue advantage, e.g. in connection with the award of public or private procurement contracts, regulatory permits, taxation, customs or judicial and legislative proceedings.
Corruption includes, but is not limited to:

  • i. Giving part of a contract payment to a government or party officials or employees of the other Contracting Party, their relatives, friends or business partners, or through intermediaries such as agents, subcontractors, consultants or other third parties, in order to allocate payments to a government or party officials, or to employees of the other Contracting Party, their relatives, friends or business partners.

  • ii. Extortion or solicitation means requesting a bribe, whether or not accompanied by a threat if the request is refused. Each Party shall oppose any attempt at extortion or solicitation and is encouraged to report such attempts through available formal or informal reporting mechanisms, unless such reporting is deemed counterproductive under the circumstances.

b) Influence peddling consists of offering or soliciting an undue advantage in order to exert inappropriate influence, real or perceived, with a view to obtaining from a public or private official an undue advantage for the original instigator of the act or for any other person.

c) Laundering the proceeds of the above-mentioned corrupt practices consists of concealing or disguising the origin, source, location, disposition, movement or ownership of property, knowing that such property is the proceeds of criminal activity. The terms "corruption" or "corrupt practices", as used in this Fnac Darty Group Anti-Corruption Clause, include corruption, extortion or solicitation, influence peddling and the laundering of the proceeds of such practices.

III. General Terms and Conditions of Sale

Preamble

These General Terms and Conditions of Sale (hereinafter the "GTC") apply in addition to the General Terms and Conditions of Use for Buyers and, for Sellers, the General Terms and Conditions of Use for Sellers, which define the capitalised terms used in these GTC.

The GTS apply to all sales of Products made through the Service between the Seller and the Buyer. They are intended to govern the relationship between Sellers and Buyers of Products, to the exclusion of those between Buyers and THE MARKETPLACE or between Sellers and THE MARKETPLACE. Relations between Buyers and THE MARKETPLACE are governed by the Buyer Terms and Conditions of Use. Relations between Sellers and THE MARKETPLACE are governed by the Seller Terms and Conditions of Use.

LA PLACE DE MARCHÉ is not the Seller of the Products purchased through the Service; only the Seller, whose name is indicated on the description sheet for each Product, is the Buyer's contracting party for the purchase of said Products. The Products may therefore not be returned or exchanged by LA PLACE DE MARCHÉ or by a Fnac store.

1. Conclusion of the sales contract between the Buyer and the Seller

1) The Products are presented on the Website with a description enabling the Buyer to ascertain their essential characteristics, their price and the delivery time for the Product.

2) The Buyer selects the Product(s) they wish to purchase.

3) They confirm their choice of Product(s) and read and accept these GTC when confirming their order.

4) The Buyer receives an email confirming that their order has been registered.

5) The Seller is informed by THE MARKETPLACE that one or more of the Products it has posted online has been ordered.

6) The Seller undertakes to confirm the Buyer's order(s) within two working days of receiving the information referred to in point 5).

If the order is not confirmed within the period referred to in point 6), the contract between the Buyer and the Seller is automatically cancelled and each party is released from its obligations. In particular, the Buyer is assured that their bank account will not be debited.

The Seller's Product offers are valid as long as they are visible on the Website, within the limits of available stock. In general, in the event of exceptional unavailability of a Product after the Buyer has placed an order, the Seller shall inform the Buyer using the messaging tool provided as part of the Service, and the order shall be automatically cancelled and the Buyer is assured that their bank account will not be debited.

Similarly, in the specific case where the same Product is ordered by several Buyers at the same time, and depending on the availability of this Product (shortage, unique, second-hand ), it will only be sold to the first Buyer to place their order. The other Buyers will then be informed of the cancellation of their order.

However, only the contract relating to the sale of the unavailable Product(s) is affected by this cancellation.

7) Once the order has been confirmed by the Seller, an email is sent to the Buyer to confirm and summarise their order and the General Terms and Conditions of Sale (available in PDF format), and the Seller makes a firm commitment to deliver the Products within the specified time frame and the Buyer's bank account is debited with the amount of the order.

8) If all or part of the Buyer's order is confirmed, the Products are shipped by the Seller in accordance with the terms set out in Article 3.

9) The Buyer must confirm without delay in "My Account" that each Product ordered has been received in good order. Failing this, the Product will be deemed to have been received within 21 days of the date on which the Buyer's bank account was debited.

This clause is without prejudice to the provisions of Articles L. 217-4 et seq. of the Consumer Code mentioned in the appendix, the Buyer having the possibility, at any time, to contact the Seller, to send any request or complaint relating to the Products ordered using the messaging tool made available as part of the Service.

10) The Buyer is invited to evaluate the Seller's performance in accordance with the terms set out in Article 7.

2. Price and payment

The purchase price of the Product is set by the Seller. It is stated in euros, including VAT, on the product description page, but excluding delivery costs, which are added before the order is confirmed, either according to the scale specified in Article 3 below or according to the scale indicated by the Seller on the product description page.

As a reminder, the Buyer's confirmation of their order implies their obligation to pay the price indicated.

Payment for purchases made through the Service may be made using the payment methods indicated in the "Payment Methods" section to LA PLACE DE MARCHÉ, which collects the corresponding amount on behalf of the Seller.

The Seller undertakes to send the Buyer the Product(s) ordered within 2 working days of the order confirmation date; the Seller thereby makes a firm commitment to ship the Products within the specified time frame. The Products are delivered to the address indicated by the Buyer in "my account" and shipped under the conditions chosen by the Buyer when placing the order. It is therefore the sole responsibility of the Buyer to ensure that the information they provide to LA PLACE DE MARCHÉ for this purpose is and remains correct and that it will enable them to receive the Products they purchase on the Website. The Products are transported at the Seller's expense and risk. From the moment the Buyer takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to them.

Reservations

Upon receipt of the Product(s) ordered, the Buyer must notify the carrier and the Seller, using the messaging tool provided as part of the Service and by any other means, of any reservations about the Product delivered (e.g. damaged package, already opened, etc.).

The Seller shall inform LA PLACE DES MARCHES precisely of the shipment of each order (if the Buyer's order has been shipped in several parcels, the Seller shall specify to LA PLACE DES MARCHES which part of the order has been shipped) via the Seller's account. In the absence of such information, LA PLACE DES MARCHES may cancel the transaction in question.

4. Right of withdrawal

In accordance with the legal provisions in force, in the context of a purchase made from a professional Seller, the Buyer has a period of 14 days from receipt of the Product(s) ordered to exercise their right of withdrawal with the Seller, without having to justify their reasons or pay a penalty.

In the case of an order containing several Products placed with the same Seller, this 14-day period runs from the date of receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in packaging identical to that used for shipment, enabling them to be resold.

Returns must also be accompanied by proof of purchase in the form of a copy of the invoice or delivery note for optimal processing.

In accordance with current regulations (Article L221-28 of the French Consumer Code), the right of withdrawal cannot be exercised for

  • The supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;

  • Perishable or single-use products.

Certain types of products, consumables, made-to-order items, or perishable items are not eligible for the right of withdrawal.

The Buyer exercises their right of withdrawal directly with the Seller concerned using

  • the standard withdrawal form attached in the Appendix, to be sent to the Seller at the address provided during their exchanges via the messaging tool made available as part of the Service.

  • or by any means, including email, expressing the Buyer's unambiguous desire to withdraw, and mentioning the order concerned by this withdrawal using the messaging tool made available to them as part of the Service.

Once the withdrawal form or statement has been sent to the Seller, the Buyer must return the Product(s) concerned to the Seller within a reasonable period of time and, at the latest, within 14 days of notifying the Seller of the Buyer's decision to withdraw.

The Buyer shall return the Product(s) to the address indicated by the Seller using the messaging tool provided as part of the Service.

Refunds for returned Products shall be made by THE MARKETPLACE under the following conditions:

THE MARKETPLACE shall refund the sums paid (including delivery costs) no later than 14 days from the date on which the right was exercised with the Seller and THE MARKETPLACE was informed thereof, using the same means of payment as that used for the order. This refund date may be deferred until the Product has been recovered or until the Buyer has provided both the Seller and LA PLACE DE MARCHÉ with proof of shipment of the Product, whichever occurs first.

No cash on delivery shipments will be accepted, for any reason whatsoever.

5. Disputes - Disputes - Mediation - Online dispute resolution

5.1 Handling of complaints

The Buyer may contact the Seller at any time to make any request or complaint relating to the Products ordered using the messaging tool provided as part of the Service, in particular to assert their guarantees when they are in force.

In addition to the messaging tool, a dedicated button is available in "My Account" allowing any Buyer to report any complaint concerning the Products ordered (e.g. product not received, etc.) within 90 days.

Beyond these deadlines, the Buyer retains the option of contacting the Seller to make any request relating to the Products ordered using the messaging tool provided as part of the Service.

Disputes are settled directly between the Buyer and the Seller, if necessary using the messaging tool made available to them on the Service.

The Buyer and the Seller shall make every effort to reach an amicable resolution of the dispute.

However, if the Seller has not resolved the dispute with the Buyer within 8 working days of receiving the complaint, THE MARKETPLACE reserves the right, after first informing the Seller, to refund the Product to the customer. The amount of this refund will then be deducted from the sums to be paid by THE MARKETPLACE to the Seller for the Products sold by the Seller via the Service.

Depending on the case, the dispute reported will result in either the return of the Product ordered or a refund.

6. Evaluation of Sellers

THE MARKETPLACE provides Buyers with the means to evaluate the performance of Sellers after confirming receipt of the Products ordered. This transparency allows Buyers to select Products from the most reliable Sellers who best comply with the terms and conditions of use of the Service.

The assessment is carried out according to evaluation criteria and by the allocation of star(s) by Buyers. As such, THE MARKETPLACE does not control the ratings given by Buyers, which it simply stores on the Site. However, it may delete, without notice, any rating whose content has been reported to it as illegal. The ratings left by the Buyer, as well as their username, will be visible to all visitors to the Site.

7. Personal data

In addition to Article 5 of the Buyer Terms and Conditions and Article 8 of the Seller Terms and Conditions, the Buyer and Seller are informed that all data collected as part of the Service when placing orders is processed by THE MARKETPLACE for the purposes of processing said orders.

Buyers' information and data relating to delivery are transmitted by THE MARKETPLACE to Sellers for the sole purpose of enabling them to ship the Products ordered and, where applicable, to enable them to meet their legal or regulatory obligations. They may not be used for any other purpose under any circumstances.

In the event of any difficulties concerning the processing of this data, the Buyer and the Seller may contact LA PLACE DE MARCHÉ directly, under the conditions set out, as applicable, in the Buyer T&Cs or the Seller T&Cs.

Each Seller only has access to the personal data provided by the Buyers of their Products to LA PLACE DE MARCHÉ when placing their order.

Sellers undertake to ensure the security of the personal data they store for the purposes of fulfilling and tracking orders.

9. Security

The Site is protected by a security system: LA PLACE DE MARCHÉ has adopted SSL encryption and has also reinforced all scrambling and encryption processes to protect as effectively as possible all sensitive data related to the means of payment used on the Site.

10. Partial invalidity

If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.

11. Applicable law

These general terms and conditions are subject to Monegasque law. Any dispute relating to their interpretation and/or execution shall be subject to the jurisdiction of the Monegasque courts.