Back Market Pro
About us Help
Account Shopping bag
About us Help

General conditions of Sale

Last updated: 10/25/2022

Article 1. Who are we? What do we offer?

1.1 JUNG SAS (“Back Market”), a company whose registered office is located at 199 rue Championnet 75018 Paris and registered with the Paris Trade and Companies Register under no. 804 049 476, provides the Buyer with a Platform under the name “Back Market” whose purpose is to connect the Buyer with Sellers.

1.2 Back Market acts as a hosting intermediary, is not the Seller of the Products offered and is therefore not responsible for the Products sold via the Platform, which the Buyer expressly acknowledges. Furthermore, unless stated otherwise, Back Market is not a distributor approved by any brand. The relationship between Back Market and Buyers is governed by the Platform's terms of use, available here.

1.3 Back Market offers various services to Sellers on its Platform, the terms of which are governed by general seller terms and conditions applicable between Back Market and Sellers. Whether or not the Seller has subscribed to these services, the Seller remains solely responsible for the Products sold to Buyers.
As the GTC may change, the Buyer is invited to be vigilant when reading and accepting the GTC with each order, as the GTC may have changed between two successive orders.

Article 2. Some definitions

Whenever, in these GTC, the following words are written, in the singular or plural, with a capital letter, they shall have the following meaning:

  • Buyer(s) : refers to any professional who uses the Platform to purchase Products for professional purposes.
  • GTC : refers to these general terms and conditions of sale that govern the relationship between Buyers and Sellers.
  • Product Listing : refers to the description sheet for a Product, completed by the Seller.
  • Seller Listing : refers to the description sheet for a Seller, completed by the Seller.
  • Platform : refers to the website accessible at pro.backmarket.fr and the corresponding application.
  • Products : refers to products sold on the Platform. Unless stated otherwise, the products sold on the Platform are used products that have been refurbished.
  • Seller(s) : refers to any professional seller of Products registered on the Platform.

Article 3. How do I create a customer account?

In order to place an order for a Product on the Platform, you must create a customer account on the Platform, in accordance with the terms described in the Platform's general terms of use.

Article 4. How do I order a Product on the Platform?

4.1 Before placing any order, these GTC must be accepted online, without reservation, by the Buyer. The Buyer therefore takes care to read the GTC and to save them on a durable medium so as to be able to refer to them if needed. The GTC are available for download on the Platform.

4.2 Products are ordered on the Platform from Sellers who complete the Seller Listings, the Product Listings as well as the prices, delivery methods and delivery costs. In this respect, Sellers are solely responsible for the information appearing in the Seller Listing, for the description of the Product as well as for the Product's full conformity with its description. It is specified that, for refurbished Products, the accessories may not be original, but must be compatible and fully functional. The Seller Listing containing the Seller's identification information is accessible to the Buyer before each order is placed.

4.3 The price of the Product is shown excluding tax and freely set by the Seller. Certain used products may be subject to the VAT margin scheme.

4.4 During the purchasing process, the user selects one or more Products as well as the delivery method and enters their delivery address. The Buyer then chooses their payment method and provides the information needed to finalize their payment. Finally, they are invited to confirm their payment, which entails an obligation to pay for the Buyer.

4.5 The contract for the sale of the Product(s) is concluded when the Buyer is charged the amount of their order. Orders placed by a Buyer are independent of one another and if an order contains several Products, each Product order is independent of the others.

4.6 The order may, however, be cancelled for a legitimate reason, in particular in the following cases:

  • When an obvious error has occurred regarding the Product and/or the price (for example when a manifestly derisory price is displayed and/or when there is an error in one of the essential characteristics of the Product);
  • When there is a dispute relating to the payment of the order;
  • When we find that multiple accounts have been created for a single Buyer or that multiple times and/or fraudulently.

Article 5. What are the delivery terms?

5.1 The Products offered for sale on the Platform can only be delivered within Europe, except where the Seller offers delivery to another territory.

5.2 The Products are delivered to the delivery addren placing their order. The prices, timeframes and delivery methods are provided by the Seller, who is solely responsible for complying with them. The Buyer can, through their customer account, track the progress of their order and, if they have chosen a tracked delivery method, the progress of the delivery.

5.3 The delivery date depends in particular on the delivery method chosen by the Buyer. Once payment has been made, the Seller will have two (2) business days to communicate an estimated delivery date. In all cases, delivery times may not exceed aith the Buyer's agreement or at the Buyer's request.

5.4 Unless stated otherwise when ordering, delivery is chargeable. The delivery price is communicated to the Buyer before any payment on their part.

5.5 Upon receipt of the parcel, the Buyer checks tha, in the event of transport-related damage (damaged parcel, torn or open packaging,missing Product or one that is obviously damaged), the Buyer must immediately note a reservation on the delivery slip in order to specify the transport-related damage. The Buyer must also report the damage within 3 business days of receipt.

5.6 The transfer of ownership and of risk takes place when delivery is complete, that is to say when the ordered Product has been received by the Buyer and the price has been paid by the Buyer. In the event that the parcel is not received, the Buyer ur via Back Market as soon as possible.

Article 6. How do I pay on the Platform?

Payment is made online. The payment terms and conditions can be viewed in the Platspan>available here.

Article 7. What guarantees apply to products purchased on the Platfo

All Products benefit from a commercial warranty under the conditions described below. To enforce a warranty, the Buyer contacts the Seller in accordance with the terms described in Article 8.
The duration of the commercial warranty applicable to the Product is specified ct Listing. The minimum duration is 12 months.
This commercial warranty applies inaddition to the rights the Buyer enjoys under the legal guarantees. The conditions of this commercial warranty are specified in the commercial warranty contract available at this

7.1 In which cases is the application of the warranty excluded?
The application of the warranties is excluded in the following cases:

  • When the Product is oxidized, broken or cracked;
  • When one or more of the Product's components have been handled by the Buyer or a the Seller;
  • When the Buyer's use of the Product exceeds so-called normal use, that is to say the use usually expected of a similar product;
  • In the event of negligence or failure to maintain the Product by the Buyer, or inr example a fall) occurring after delivery of the Product.

In addition, normal wear and tear of the Product is not covered by the warranties.

Article 8. How do I communicate with the Seller and make a claim?

8.1 Communication via the Platform. In general, the e to communicate with each other only via the Platform or Back Market.

Article 9. Who is responsible for the services and the Products?

9.1 Regarding the Services and access to the Platform. 9.2 Regarding the Products. The Seller assumes full responsibility for the Products it offers for sale through the Platform, and for their warranty. The Buyer willfind all the information relating to the Seller's identity in the Seller Listing or ooice. As Back Market is a hosting intermediary between the Seller and the Buyer, BackMarket disclaims all liability relating to the sale concluded between the Seller and the Buyer on the Platform.
The Buyer releases Back Market from any liability that may arise in the performanof the sale, in particular with regard to the conformity of the Products, the descriples offer, the availability of the Products, and the ownership of the intellectual and industrial property rights relating to the Products.

Article 10. Applicable law and competent jurisdiction

10.1 These GTC are governed by French law.

10.2 In the event of a dispute relating to the forma, interpretation or validity of these GTC, or more generally to the relationship witha Seller, the Buyer and the Seller are invited to make the necessary efforts to reach an amicable resolution of their dispute. Failing an amicable resolution, any dispute that may arise between a Seller and Back Market in connection with the GTU and the other contractual documentsre broadly, in connection with the use of the Platform, is subject to the exclusivejurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, even in the event of multiple defendants, third-party proceedings, summary proceedings or proceedings on application.