Terms of service

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

1.1 The company JUNG SAS ("Back Market"), 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, makes available to the User a Platform under the name "Back Market" whose purpose is to put the User in contact 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 through the Platform, which the User expressly acknowledges. Furthermore, unless otherwise stated, Back Market is not an authorized distributor of any brand.

1.3 The purpose of these terms of use (ToU) is to set out the rules for accessing the Platform and using the services offered on the Platform. They do not govern the relationships between Users and Sellers, which are subject to the general terms and conditions of sale, available here. Consequently, the User understands and acknowledges that any question or complaint relating to the purchase of a Product on the platform is governed by the general terms and conditions of sale, which are available here. 

1.4 The ToU apply to any User who browses the Platform, whether or not they have registered on the Platform.

Article 2. Some definitions 

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

• User(s): refers to any natural or legal person acting within the scope of their commercial or professional activity who uses the Platform to purchase Products for professional purposes.
• ToU: refers to these general terms of use which govern the relationships between Users and Back Market.
• Product Listing: refers to the description sheet of a Product, filled in by the Seller.
• Seller Listing: refers to the description sheet of a Seller, filled in by the Seller.
• Platform: refers to the website accessible at https://pro.backmarket.fr/
• Products: refer to products sold on the Platform. Unless otherwise stated, the products sold on the Platform are second-hand products that have been refurbished.
• Services: refer to the services offered by Back Market on the Platform.
• Seller(s): refer(s) to any professional seller of Products registered on the Platform. 

Article 3. How to create a customer account?

3.1 The ToU must be accepted, without reservation, by each User of the Platform. The User takes care to read the ToU, accept them and save them on a durable medium. Refusal of the ToU when creating their customer account prevents the User from being able to create their customer account and/or therefore from being able to place an order on the Platform. As the ToU are likely to change, the User is invited to be vigilant, as the ToU may have changed between two successive visits to the Platform.

3.2 The creation of a customer account on the Platform is only authorized for professionals. The User must provide their intra-community VAT number, if any, when creating their customer account.

Article 4. What are the rules for using the Platform?

4.1 The User provides accurate, complete information in order to ensure the proper performance of the Services.

4.2 The User undertakes to create and use only one customer account. A User whose account has been closed by Back Market is prohibited from creating a new account, except with the express authorization of Back Market.

4.3 The User undertakes (i) not to harass other Users (customers, sellers) of the Platform (ii) not to make disparaging, slanderous, defamatory, discriminatory or racist remarks on the Platform, and more generally remarks that contravene the legal or regulatory texts in force, the rights of individuals, public order and good morals (iii) not to obtain information concerning other Users, either manually or using automated methods, or access a personal account belonging to another User (iv) and not to attempt to jeopardize the proper functioning of the Platform. In particular, when posting a review or comment on a Product or a Seller, the User undertakes to do so with respect for Back Market, the Sellers and third parties.

4.4 The User acknowledges that all elements contained on the Platform, such as, without this list being exhaustive, the texts, comments, illustrations, images, sound elements, company names, trademarks and other distinctive signs, as well as the elements composing the Platform, such as databases and any underlying technology (hereinafter, the "Elements") are protected or likely to be protected by intellectual property rights, such as copyright, trademark law, design law, the sui generis right of databases, etc.

Consequently, the User acknowledges that the following are strictly prohibited:

• any reproduction, representation, modification or adaptation of the Platform and/or all or part of the Elements without prior written authorization from Back Market;
• any use of the Elements for commercial or professional purposes without prior written authorization from Back Market;
• any use of software, devices, scripts, robots or any other means or process (including crawlers, browser extension modules, or any other technology) intended to carry out "web scraping" (i.e. extraction of data in an automated manner with a view to reusing this data) of the Platform. 

Article 5. What are the Services offered on the Platform and what is their price?

5.1 Back Market offers various services to Users, such as, for example, the service of putting them in contact with Sellers, secure payment and numerous quality measures. The quality control Services are payable by the User who places an order on the Platform; the exact amount of the services paid by the User to Back Market is indicated before the order is confirmed by the User. These service fees allow Back Market to invest in numerous quality measures, with the aim of ensuring the best refurbished experience, offering responsive and available customer service, and innovating to continuously improve our service and quality and to create new services for customers.

5.2 Back Market also offers various services to Sellers on its Platform, which are payable by these Sellers, and whose conditions are governed by general seller terms and conditions, applicable between Back Market and the Sellers.

5.3 Back Market always acts as an intermediary between Buyers and Sellers, and is not a party to the sales contract concluded between Buyers and Sellers. Back Market is neither a seller, nor a reseller, nor a distributor of the Products, and has neither ownership nor possession of them. Therefore, Back Market does not guarantee the safety, conformity or regularity of the Products, and cannot be held liable in this respect.

Article 6. How to pay on the Platform?

6.1 Payment is made according to the payment methods offered on the Platform (for example, bank card, transfer). Back Market's partner payment service providers collect and receive payments in the name and on behalf of the Sellers. The sums thus collected are paid to the Sellers under the conditions agreed between Back Market and the Sellers. The security of the transaction is ensured by Back Market's payment service providers.

6.2 All prices, discounts and promotions indicated on the Platform are subject to change without notice. The price charged for a Product will be the price advertised on the Site at the time the Order is placed, subject to the conditions of any applicable promotions or discounts. Price increases will only apply to Orders placed after the date of the increase. Unless otherwise indicated, the prices displayed do not include shipping and handling fees or insurance. The price charged will be clearly indicated in your Order confirmation email. Back Market accepts no liability for pricing, typographical or other errors, and Sellers may correct such errors and cancel any Order resulting from such errors.

6.3 The Buyer must click on "Place order", then must provide the required information when prompted (desired delivery address, payment method, etc.). Except in the case of exempt intra-community deliveries, VAT is calculated when the Buyer validates the cart.

6.4 Payment must be received before the product is shipped.

6.5 When your Order is confirmed, if payment is not received within forty-eight (48) hours, the Products are no longer guaranteed to be available for purchase.

6.6 When the Product(s) are shipped, Back Market will make available to the Buyer a receipt including in particular the description of the Product(s), the price excluding and including tax, and the quantity.

Article 7. How to close your customer account?

7.1 Closure of the customer account by the User: The User may freely close their customer account at any time by writing via the contact form or by post to Back Market, Legal Department, 199 rue Championnet, 75018 Paris, indicating their company name, email and address used to create the customer account.

7.2 Closure of the customer account by Back Market: Back Market may close a User's customer account when the User has refused the new ToU or has breached the rules for using the Platform. In the event of a breach by the User, Back Market informs the User by sending them an email detailing the reasons for closure and the date of account closure.

Article 8. How to communicate with Back Market and make a complaint?

8.1 Requests and complaints relating to services: Back Market's customer service can be reached by email via the contact form available on the Platform. It is available to Users for any question or complaint relating to the Services or the Platform.

8.2 Requests and complaints relating to an order: For any question or complaint concerning the Products, the warranties, the right of withdrawal, delivery, etc., requests and complaints may be addressed to the Sellers by the User via Back Market. Back Market's customer service will make its best efforts to relay the question or complaint to the Seller, who is solely responsible for handling complaints as well as after-sales service and, more generally, the Products they sell on the Platform. Under no circumstances can Back Market be held liable for the sale of a Product.

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

9.1 Regarding the Services and access to the Platform. Regarding the Services and access to the Platform: Back Market undertakes to make its best efforts to ensure the availability of the services and the Platform. Back Market reserves the right to suspend or limit access to the services and the Platform to carry out repairs, maintenance operations, and/or add and/or develop a feature and/or a service. Back Market cannot be held liable in the event that the User is unable to use all or part of a Service or the Platform.

9.2 Regarding the Products. The Seller assumes full responsibility with regard to the Products they offer for sale through the Platform, in particular with regard to the conformity and safety obligations for which they are liable in accordance with the applicable regulations. As Back Market is a hosting intermediary between the Seller and the Buyer, Back Market accepts no liability relating to the sale concluded between the Seller and the Buyer on the Platform. Thus, the Buyer releases Back Market from any liability that may arise in the performance of the sale of the Product, in particular with regard to the conformity of the Products, the description and conformity of the sales offer, the availability of the Products, and the ownership of the intellectual and industrial property rights relating to the Products.

Article 10. And your personal data?

The User's personal data is processed by Back Market, the data controller. In addition, Back Market uses cookies. The personal data policies are detailed in the "Privacy Policy" document.

Article 11. What to do if you are not satisfied?

11.1 These ToU are governed by French law.

11.2 In the event of a dispute relating to the formation, conclusion, performance, interpretation or validity of the ToU or to the relationship with Back Market, the User and Back Market are invited to implement the necessary diligence in order to reach an amicable resolution of their dispute. Failing amicable resolution, any dispute that may arise between a Seller and Back Market in connection with the ToU and the other contractual documents binding the Parties, and, more broadly, in connection with the use of the Platform, is subject to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, even in the case of multiple defendants, third-party proceedings, summary proceedings or proceedings upon request.