Garantie Commerciale Vendeur

Last updated: 25/10/2022

Jung SAS requires all individuals and entities selling products on the Back Market website (the "Site") to offer Buyers the following commercial warranty on Products sold through the Platform (the "Commercial Warranty").

This Commercial Warranty is not provided by Back Market, but by the Seller. As specified in the General Terms and Conditions of Sale available on the Site, Back Market acts as an intermediary and is in no way the seller or reseller of the Products. Back Market is therefore not responsible for Products sold through the Platform.

This Commercial Warranty is personal to the original Buyer and is not transferred with the Product. You may not assign, transfer, or convey this Commercial Warranty.

Capitalized terms in this Commercial Warranty have the meaning assigned to them (i) in this Commercial Warranty agreement when defined herein, or (ii) when not defined herein, in the General Terms and Conditions of Sale available on the Site.

1. What is covered by this Commercial Warranty?

The Seller warrants to the original Buyer of the Product (as documented by valid proof of purchase, for example a receipt or invoice) that the Product will be free from defects and faults for 12 months from the date of delivery (the "Warranty Period").
Any defect appearing during the Warranty Period is presumed to have existed at the time of delivery. It is the Seller's responsibility to demonstrate that any damage is not covered by this Commercial Warranty or that it does not constitute a product defect existing at the time of delivery.

In addition, the Seller will manage the return of the Product within 24 hours of the Buyer completing the return form and submitting the required supporting documents.

To this end, Back Market will send a return label to the Buyer so that they may return their Product to the Seller. The cost of this label will be borne by the Seller if the Buyer's claim falls within the scope of this Commercial Warranty, and by the Buyer otherwise.

The Seller will offer an exchange, repair, or refund option to the Buyer within five business days of the Seller's receipt of the Product(s) (it being specified that in the case of an exchange or repair, the Seller will bear the shipping costs of the replacement or repaired Product to the Buyer). For logistical reasons, for large or heavy Products (i.e. Products weighing more than 30 kg or with dimensions exceeding 1.5 m) and electric bikes, the Seller has 30 days from receipt of the Product(s) to offer a replacement or repair solution.
Please note that you are required to return the defective Product in its original packaging or in packaging offering an equivalent level of protection, accompanied by proof of purchase, to the Seller's indicated address. Any replacement product will only be warranted for the remainder of the original Warranty Period.

2. How long does the warranty last?

This limited Commercial Warranty lasts twelve (12) months, from the date of delivery of the product to the buyer.

3. What exclusions apply?

The Commercial Warranty shall not apply in the following cases:
  • When the Product is oxidized, broken, or cracked;
  • When one or more components of the Product have been tampered with by the Buyer or a third party not authorized by the Seller;
  • When the Buyer's use of the Product exceeds what is considered normal use, i.e. the use ordinarily expected of a similar product;
  • In the event of negligence or failure to maintain the Product by the Buyer, or in the event of an accident (such as a drop) occurring after delivery of the Product.
Furthermore, normal wear and tear of the Product is not covered by the Commercial Warranty.

Any Product returned to the Seller that is not covered by the Commercial Warranty may be rejected, returned at your expense (subject to prepayment) capped at 5% of the Product price, or held for sixty (60) days for you to collect, then disposed of at the Seller's sole discretion without further liability or obligation to you.

4. How do I make a warranty claim?

To initiate a claim, Buyers must submit a Back Market Business return or refund request form (RRR), also known as a merchandise return authorization. If you have any questions about how to complete this form, please contact us via the contact form available on the Platform.

5. Is this warranty an insurance policy?
No, this Commercial Warranty is not an insurance policy, and no Buyer or third party is an insured party or third-party beneficiary under this Seller Warranty. The Commercial Warranty does not apply in the event of loss of the Product by the Buyer or theft.

6. Governing law

This limited warranty is governed by French law.