Terms of service

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

1.1 Jung SAS (hereafter “Back Market”), a French company whose registered office is located 199 rue Championnet 75018 Paris, registered at the Paris Trade Registry under number 80 049 476, operates a Marketplace that aims to put Buyers in contact with professional Sellers of Product(s). 

1.2 Back Market acts as an intermediary, and is in no case the Seller of Products.  BACK MARKET is therefore not responsible for the Products sold via the Marketplace. Besides, unless otherwise specified, BACK MARKET is not a brand owner’s distributor of Products.

1.3 These terms of use (T&Cs) are intended to establish 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, accessible here. Consequently, the User understands and acknowledges that any question or claim relating to the purchase of a Product on the platform is governed by the general terms and conditions of sale which can be consulted here.

1.4 The T&Cs apply to any User browsing the Platform, whether or not they have registered on the Platform.

Article 2. Definitions 

In every instance where, in this T&Cs, the words below appear, in singular or plural form, with a capital letter, they shall have the following meanings:

 

Article 3. How to create a client account? 

3.1 The User needs an email address and a password to create their client account. The present T&Cs must be unreservedly accepted by each User. The User shall take care to read the T&Cs. These T&Cs can be downloaded from the Marketplace so that Users can keep a copy and refer to them as necessary.

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

Article 4. What are the rules of use of the Marketplace? 

4.1 The User provides accurate, complete information to ensure the proper functioning of the Services.

4.2 The User agrees to create and use only one customer account. Users whose accounts have been closed by Back Market are prohibited from creating a new account, except with express authorization from Back Market.

4.3 The User undertakes that they will not (i) harass the Marketplace’s other Users, (ii) make disparaging, slanderous, defamatory, false, misleading, inaccurate, discriminatory or racist remarks or comments on the Marketplace, and more generally, that they will not make any comments contravening applicable laws, rights of other individuals and/or public order, (iii) obtain information about other Users, either manually or using automated methods, (iv) access personal accounts belonging to other Users, or (iv) attempt to jeopardize the functioning of the Marketplace.  

4.4 The User acknowledges that all the elements contained on the Marketplace, including, but not limited to, texts, comments, illustrations, images, sound elements, company names, brands and other distinctive signs, as well as elements composing the Marketplace, such as databases and any underlying technology (hereinafter, the “Elements”) are potentially protected by intellectual property rights, such as copyright, trademark, etc. Consequently, the User acknowledges that the following are strictly prohibited: 

• Any reproduction, representation, modification or adaptation of the Marketplace and / or all or part of the Elements without Back Market’s prior written consent. 

• Any use of the Elements for commercial or professional purposes without Back Market’s prior written authorization.

• Any use of software, devices, scripts, robots or any other means or process (including crawlers, browser plug-ins, or any other technology) aimed at performing “web scraping” on the Marketplace. 

1. What Services are offered on the Marketplace and at what price? 

5.1 Back Market offers various services to Users, such as connecting them with Sellers, secure payment, and numerous quality assurance measures. Quality control Services are charged to Users who place orders on the Platform, with the exact amount of services paid by the User to Back Market being indicated before the User confirms their order. These service fees allow Back Market to invest in numerous quality initiatives, with the aim of ensuring the best refurbished experience, providing 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 charged to these Sellers, and whose conditions are governed by general seller terms, applicable between Back Market and Sellers.

5.3 Back Market only acts as an intermediary between the Buyers and the Sellers and is not a party to the sales agreement entered into by Buyers with the Sellers. Back Market is not a seller, a reseller, or distributor of the Products and never takes possession of them. As such, Back Market does not guarantee the safety, conformity or lawfulness of the Products, and cannot be held liable in this respect.

Article 6. How do I pay on the Marketplace?

6.1 Payment is made using the payment methods offered on the Platform (for example, credit card, bank transfer). Back Market's payment service providers collect and receive payments on behalf of Sellers. The amounts collected are transferred to Sellers under conditions agreed between Back Market and Sellers. Transaction security is ensured by Back Market's payment service providers.

6.2 All prices, discounts, and promotions shown on the Platform are subject to change without notice. The price charged for a Product will be the price advertised on the Site when 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 stated, displayed prices do not include shipping and handling fees or insurance. The price charged will be clearly indicated in your Order confirmation email. Back Market disclaims any responsibility for pricing, typographical, or other errors, and Sellers may correct these errors and cancel any Orders 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 for exempt intra-community deliveries, VAT is calculated when the Buyer validates their 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, Products are no longer guaranteed to be available for purchase.

6.6 Upon shipment of the Product(s), Back Market will provide the Buyer with a receipt including notably the description of the Product(s), the price excluding and including VAT, and the quantity.

Article 7. How do I close my account? 

7.1 User’s closing of their client account: Users can freely close their customer account at any time by writing to prosupport@backmarket.com or by mail 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 Back Market’s closing of the client account. Back Market may close a client account if the User has refused an update to these Terms of Service, and/or if the User has breached the obligations imposed by these Terms of Service, especially those provided by articles 3 and 4, and/or if the User has been inactive. Back Market may also close a client account without cause, with reasonable prior notice.  

Article 8. How do I contact Back Market? 

8.1 Requests and complaints relating to the services: The Back Market customer services team can be reached by email at prosupport@backmarket.com. It is available to Users for any questions or complaints relating to the Services or the Marketplace. 

8.2 Requests and complaints relating to an order: For any questions or complaints regarding the Products, warranties, right of cancellation, delivery, etc., Users should address their requests and complaints to a Back Market Pro customer service agent via the contact page in their account. Back Market Pro customer service will use its best efforts to respond to or relay the question or complaint to the Seller. The Seller retains sole responsibility for the Products they sell on the Marketplace.

Article 9. What about liability for Products and Services? 

9.1 Concerning the services: Back Market shall make every effort to ensure that the Services and the Marketplace are available. Back Market reserves the right to suspend or limit access to the services and the Marketplace to carry out repairs, maintenance operations, and/or add and/or develop a function and/or a Service. Back Market may not be held responsible for any damage suffered by a User due to their inability to access or use all or part of a Service or the Marketplace. 

9.2 Concerning the Products: The Seller assumes full responsibility regarding the Products they offer for sale through the Platform, particularly concerning obligations of conformity and safety for which they are liable in accordance with applicable regulations. As Back Market is an intermediary host between the Seller and the Buyer, Back Market disclaims any responsibility related 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 execution of the Product sale, particularly regarding Product conformity, description and compliance of the sales offer, Product availability, ownership of intellectual and industrial property rights relating to the Products.

Article 10. What about personal data? 

The User’s personal data is processed by Back Market, as a data controller. In addition, Back Market uses cookies. The policies on personal data are described in the document “Data Protection” available on the Marketplace.

Article 11. Applicable law and dispute resolution

In the event of a dispute relating to the formation, conclusion, execution, interpretation or validity of the T&Cs or the relationship with Back Market, the User and Back Market are invited to implement the necessary steps to reach an amicable resolution of their dispute. In the absence of an amicable resolution, any dispute that may arise between a Seller and Back Market in connection with the T&Cs and other contractual documents binding the Parties, and, more broadly, in connection with the use of the Platform, shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, even in the case of multiple defendants, warranty claims, summary proceedings or petition proceedings.