TERMS OF SERVICE
The PRI-MAT company, whose head office is located at 110 rue de Turenne, 59420 Mouvaux, develops and operates a website accessible at the URL http: // www. .pri-mat.com The Site is an online marketplace that connects Sellers and Buyers (as defined in Article 1 hereafter) wishing to sell used construction products (hereinafter referred to as " the articles "). PRI-MAT acts as a trusted third party and facilitates the meeting between Buyers and Sellers. In this capacity, it is specified that PRI-MAT, which is neither Seller nor Buyer, exercises any control over the conduct of Site Users (as defined in Article 1 hereafter) and Does not assume any responsibility in this regard. Only the Sellers are responsible for the sale of the Products and the handling of any claims of the Buyers.
ARTICLE 1 - Definitions
In these General Conditions:
- "Purchaser" means any User who purchases or has purchased one or more Articles for his own account or for the account of others
- "Announcement" means any offer to sell one or more Item (s) issued by any Seller on the Site
- "Article" means any construction and / or decoration product offered for sale by any Seller on the Site
- "Shop" means all items offered for sale on the Site by the same Seller
- "Condition of the Article" corresponds to the state of wear of the Article as indicated by the Seller. The Article can be considered as "To Restore" (which means in bad condition), "In its juice" (which means state of wear) or "Good State"
- "Article Price" means the price offered by any Seller for the sale of an Item
- "Site": means the website created, developed and operated by Pri-Mat accessible at the URL http://www.pri-mat.com
- "User" means any Seller or Buyer
- "Seller" means any User, individual or professional, who offers for sale one or more Articles.
ARTICLE 2 - Purpose
2.1 The purpose of these Terms and Conditions is to define the conditions of access and use of the Site.
2.2 The fact for any User to check the box "I have read the General Conditions and I adhere to it without reservation", at the time of its inscription on the Site, constitutes an irrevocable and unreserved acceptance of all these Conditions General which govern with binding force all relations between Pri-Mat, Sellers and Buyers. This acceptance takes effect from the date of registration on the Site of the User and applies to each operation. These General Conditions prevail over any contractual or non-contractual document specific to the Seller or specific to the Buyer.
2.3 PRI-MAT reserves the right to modify at any time these Terms and Conditions. The User undertakes therefore to regularly consult the General Conditions of the Site to be aware of the modifications made there.
ARTICLE 3 - Registration on the Site
3.1 Registration on the Site is free of charge and accessible to any User who is over 18 years of age, natural person or legal entity.
3.2 In order to put on sale or purchase Items on the Site, the User must create an account using his e-mail address by filling in the fields of the registration form with complete and exact information. The User may also create an account using the Facebook Connect feature. In this case, the User will allow PRI-MAT to access information from his Facebook account which he has made public.
The User will choose an identifier and a password. The username and password will be strictly personal and confidential. The Registered User will be authorized to access the Site using the username and password.
3.3 Once an Item has been sold on the Site, the Purchaser agrees that his / her first and last name, delivery address and e-mail address and telephone number if the option hand-delivered has been selected are Revealed to the Seller. In general, Vendors undertake to keep this information confidential and not to disclose it and, in particular, not to send them a message, object, documentation, in particular advertising, by any means whatsoever (in particular by Postal, telephone or electronic).
3.4 The User undertakes not to give his / her details (telephone, address, email ...) in the Ads, nor in the questions and answers relating thereto, nor in the name or description of his Catalog. PRI-MAT may, if necessary, delete this information without first requesting it from the User.
3.5 The User agrees to update the information provided to PRI-MAT as soon as possible and will be solely responsible for the consequences of not updating this information.
3.6 The User undertakes not to register under an identifier that infringes the rights of a third party. In particular, the User will not use an identifier that infringes an intellectual property right, a trademark or a company name.
3.7 The User undertakes not to offer to any other person access to the Site under his identity or his pseudonym. The User will bear alone the consequences of the use of his account, even without his knowledge, by a person using his username and password.
ARTICLE 4 - Protection of personal data and Cookies
4.1 In accordance with article 3 hereof, upon registration on the Site, the User will provide personal information including his / her name, first name, e-mail address, postal address, date of birth and gender. The User may also communicate his mobile and fixed telephone numbers and his banking information.
The personal data requested by PRI-MAT is necessary to ensure the management of the actions performed by the Users via the Site, as well as to improve the quality of the service rendered.
The files of PRI-MAT are declared with the National Commission of the Informatics and Liberties (C.N.I.L.).
4.2 The User acknowledges and accepts that PRI-MAT communicates to other Users its pseudonym, locality, Articles, date of registration and comments and notes posted by other Users. In addition, the User acknowledges and agrees that his / her postal address will be communicated to the other Users in the event of sale.
The User acknowledges and accepts that PRI-MAT retains all documents, information and records concerning its activity on the Site.
4.3 PRI-MAT undertakes not to undermine the privacy of the Users of the Site and the confidentiality of the information provided. In particular, PRI-MAT 'undertakes not to communicate in any way the information collected to the other Users, except in the case of Purchase of an Article, as provided for in article 5 hereof.
4.4 In accordance with the Data Protection Act n ° 78-17 dated January 6, 1978, the User may at any time access his / her personal information and / or request correction Supplement, clarification, updating or deletion by contacting the Customer Service accessible from the home page of the Site or by registered letter with acknowledgment of receipt to the following address: PRI-MAT, Customer Service, ADDRESS
PRI-MAT may transmit non-personal data to authorized third parties through the use of third-party Cookies. Third parties authorized by PRI-MAT undertake to use this data in accordance with the provisions of the Data Protection Act of 6 January 1978 as amended by the law of 6 August 2004 and to establish Privacy Charters.
ARTICLE 5 - Sales Process
5.1 Conclusion of the sale
5.1.1 When the Purchaser validates his order, he makes an irrevocable offer to purchase the items in his basket.
The Buyer is bound by this offer to purchase until the expiry of the period of acceptance left to the Seller as defined below.
5.1.2 PRI-MAT shall notify the Seller of the Buyer's bid by e-mail.
The Seller undertakes to confirm or refuse its offer of sale within 96 hours of receipt of PRI-MAT's e-mail informing him that the Item he has put on sale on the Site has found an acquirer .
The Seller may accept the offer to purchase by consulting his account on the Site. His acceptance will be firm and irrevocable. From the acceptance of the Seller, the sale will be concluded and deemed perfect.
Failure of Seller to reply after the 96-hour period will result in reversal of the offer to sell and the contract of sale will not be concluded. The Purchaser's order will then be canceled, and no debit of the Buyer's credit card will take place.
5.2 Delivery and hand delivery [To be specified]
5.2.1 Delivery. [Specify]
5.2.2 Delivery by hand.
The Seller may propose to the Buyer the handing-in of its Article. The Buyer will print the hand-delivered voucher accessible on the Site and will deliver it to the Seller upon delivery of the Item.
The Seller will indicate on the Site the number appearing on the voucher in person to justify the delivery of the Article. [Deadline to be specified]
5.3 Receipt of Item
5.3.1 The Purchaser shall inform PRI-MAT of the receipt of the Product and its satisfaction within 48 hours of receipt (including weekends and holidays, not including the day of delivery). In the same way, the Buyer will inform PRI-MAT in case of non-receipt of the Article within 48 hours of the expected delivery date (including weekends and holidays, not including the day of delivery ).
In the absence of express confirmation or notification of non-receipt of the Article within 48 hours of the expected date of delivery, Buyer acknowledges and agrees that its agreement will be deemed to have been acquired.
5.3.2 The Seller undertakes to supply the names and parcel numbers of the carrier responsible for delivery to the Buyer through the Site. For its part, the Purchaser agrees to make an appointment with the selected carrier to ensure receipt of the Item. [To be specified according to the chosen delivery method]
5.3.3 This article does not apply to hand-delivery of the Article.
5.4 Return and Warranty
5.4.1 Guarantee satisfied or refunded. The return of an article will be accepted only if it has been the object of the implementation of the Guarantee Satisfied or Reimbursed, activatable via the customer service of PRI-MAT.
When a Purchaser has placed a multiple order with the same Seller and carries out the Satisfied or Refunded Guarantee for one or more items of this order, the shipping costs have been adapted to a group shipment, their reimbursement may not exceed the difference between the Price of shipment of an item and the shipping price of the number of items returned and declared non-compliant except where all items of the order give rise to the application of the guarantee and are declared non-compliant .
When an item is returned as part of the Satisfied or Reimbursed Guarantee, PRI-MAT has 30 days to process the claim.
In any event, this guarantee does not apply in the case of hand-delivery of the Article.
5.4.2 Right of withdrawal
If and only if the Seller is a professional, the Purchaser may return the Article purchased in accordance with article L.121-20 of the Consumer Code, introducing the right of withdrawal.
Whatever the reason for its dissatisfaction, the Buyer will have a period of seven (7) clear days from receipt of an Article purchased through the Site to exercise the return. It must obligatorily return the Article, cautiously packed, directly to the Seller according to the initial mode of sending. He must then indicate on the Site, in the space provided for this purpose, the tracking number for the Delivery to the Buyer of the Article.
Subject to compliance with this procedure and the time limits indicated, PRI-MAT will reimburse the Purchaser, by crediting the bank card used at the time of the initial payment, the Price of the Item excluding postage and any Other amount or interest. The Purchaser hereby waives any claim concerning the sums, if any, arising from the capitalization of the sums received by PRI-MAT in connection with the sale.
ARTICLE 6 - Payment
6.1 Payment by Buyer
When the Seller confirms the availability of the Item, the Buyer's account will be debited with the Price of the Item as well as the shipping costs fixed by the Seller according to the location of the Buyer.
The payment will necessarily be made by bank card via the secured Payline portal, PCISS duly accredited with the bank of France.
By backing up the banking information so that orders can be placed in the fastest and easiest way, while providing the same level of security, a collection of information relating to the Buyer's credit card can be provided by Payline, Consent of the Purchaser. Under no circumstances will PRI-MAT have access to the Buyer's bank details.
PRI-MAT may ask the Purchaser for proof of identity (copy of the identity card, proof of residence and / or copy of the credit card). Pending receipt of these documents, PRI-MAT reserves the right to suspend an order.
6.2 Payment of Seller
The Seller authorizes PRI-MAT to collect, on its behalf and on its behalf, the price of the transaction through the secure electronic payment system set up on the Site or by any other means, which would subsequently be set up by PRI-MAT.
As compensation for the use of the Site, the Seller authorizes PRI-MAT, as a result of the acceptance of the offer by the Buyer and payment by the latter of the price of the transaction, to be withheld from the The Transaction a commission determined in the manner defined in Article 6.2.3 below. The commission is not due by the Seller in the event of a declaration of the offer of sale by the Seller.
The Commission invoiced to the seller by PRI-MAT for each sale is equal to 15% of the T.T.C. price of the Article, with a minimum of 1 EUR per article. Shipping costs are not included in the calculation basis of the commission. For Professional Sellers, PRI-MAT will add the T.V.A. at the prevailing rate to the amount of the commission charged.
PRI-MAT shall pay to Seller's account the price of the transaction, minus the commission, plus the postage paid by the purchaser (hereinafter referred to as the "Amount paid to the Seller") provided that That the price of the transaction has been fully paid by the Buyer and cashed by PRI-MAT:
- upon confirmation of receipt of the Item by the Buyer on the Site, except in the event of return of the Item by the Purchaser under the conditions and time limits provided herein;
- or, in the absence of confirmation of receipt by the Buyer, 10 days after receipt of the Item by the Purchaser. This period of 10 days is applicable to Professional Sellers.
The Seller agrees to receive in any event only an amount equal to the price of the transaction to the exclusion of any other sum or interest. The Seller hereby waives all claims concerning the sums, if any, arising from the capitalization of the sums collected on its behalf and on its behalf by PRI-MAT in connection with a sale.
The article price, postage, commission and the sum paid to the Seller are defined all taxes included (with the exception of the commission levied by PRI-MAT on sales made by professionals).
In case of suspicion of fraud, PRI-MAT may ask the Seller to provide proof of identity (copy of the identity card, proof of residence and / or copy of the credit card). PRI-MAT will suspend the transfer pending receipt of these documents and their study.
ARTICLE 7 - Obligations of the Seller
The Seller undertakes to choose a Shop name and / or a slogan in compliance with applicable legislation. In particular, the name Boutique and / or the slogan shall not infringe public order, morality and the rights of third parties.
The Seller also undertakes to maintain its Store up to date, in particular with regard to the availability or condition of the items offered for sale.
The Seller agrees to save and archive by his own means the contents that he put online in his Shop. PRI-MAT shall not be obliged to keep or to archive the contents put on line by the Sellers
7.2.1 The Seller undertakes to ensure that the Articles are perfectly in conformity with public policy, good morals, the law in force in France and the rights of third parties and that they are not liable to strike The sensitivity of minors.
In particular, Seller shall not sell items infringing intellectual property rights (counterfeit goods) or selective distribution networks.
In case of doubt about the authenticity of an article and in order to fight against the sale of counterfeit articles, the Seller acknowledges and accepts that PRI-MAT can refuse its placing on line or, at the very least, require the Seller Provide him with additional documents on this Article (photographs, invoices, proof of authenticity, etc.).
7.2.2 The Seller undertakes to ensure that any item offered for sale corresponds to an immediately available material asset for which it has full and complete ownership and sales capacity. The Seller undertakes to give all details of wear and tear to the Buyer.
7.2.3 The Seller grants to PRI-MAT a non-exclusive and free license on the contents published in its Announcements, as and when they are put online, for the whole world and for the duration of their protection by the Law, for the purpose of their reproduction, representation, use or deletion on the Site by any means, regardless of the contents, characteristics, versions and modes of distribution of the Site, it being understood that this license includes for PRI- MAT the right to correct, modify or delete these contents, especially for technical reasons, for the purposes of providing the services of the Site, in accordance with these General Terms and Conditions.
In this context, the Seller guarantees to PRI-MAT the peaceful enjoyment of the rights granted.
7.2.4 The Vendor agrees to describe, in its Advertisement, the Item offered for sale according to its actual characteristics, according to the form proposed by the Site.
The Seller acknowledges and agrees that PRI-MAT is entitled to require that it modify and / or discontinue its Advertisement and / or to do so directly, including if the Seller has not published its Ad in the category Or indicated their contact information in their Advertisement.
7.2.5 The Seller undertakes to publish only quality photographs in accordance with the photographic specifications of the Site. It acknowledges and agrees that PRI-MAT shall have the right to refuse the posting of an Article if the quality of the photograph does not comply with the considerations provided in the photo tutorials of the Site or, at the very least,
The Seller also agrees that PRI-MAT may retouch the photographs of the Articles in order to maximize their visibility.
7.2.7 The Seller agrees to remove from his Catalog as soon as possible any Item he would no longer wish to sell.
7.2.8 The Seller agrees that its Advertisement will be distributed on PRI-MAT partner sites.
The Seller also agrees that PRI-MAT may communicate on certain Articles which it has put up for sale.
7.3 Professional seller
7.3.1 The Seller who wishes to carry out a commercial activity through the Site must identify himself to PRI-MAT in this capacity. The User concerned must prove his status as a merchant with PRI-MAT, by sending him a K-bis extract, by e-mail to email@example.com or by mail to the following address: Pri- Matte 110 rue de turenne, 59420 Mouvaux.
7.3.2 If it appears that a Seller, registered as an individual on the Site, appears to be engaged in a commercial activity, PRI-MAT may ask him to identify himself as a professional on the Site and to provide him with a Proof of his status as a professional. In case of refusal or silence PRI-MAT may close the account of the Seller. Pending the justification of this Seller, the latter agrees that PRI-MAT may suspend temporarily and as a precaution his Seller account, and / or withdraw his Ads.
7.3.3 PRI-MAT shall remind the Seller acting professionally of its obligation to respect the laws and regulations relating to the exercise of a commercial activity of distance selling. In particular, it must ensure that its offer to purchase includes the information required by Article R123-237 of the French Commercial Code (SIREN Number, city of its registered office).
7.3.4 The Professional Seller agrees to send to the Purchaser an invoice meeting the legal requirements. This invoice must mention in particular the existence and the modalities of exercise of the right of withdrawal for the Purchaser.
7.3.5 Outside the sales periods, the Professional Seller will not be able to sell his items at a loss.
ARTICLE 8 - Buyer's Obligations
8.1 By registering with PRI-MAT, the Buyer shall have a unique identifier and a strictly personal personal identification code, which he undertakes to keep confidential. The Registered Buyer is the only one authorized to use the Site using the identifier and the nominative access code.
8.2 PRI-MAT may, in exceptional cases and in order to combat possible fraud, be entitled to validate the identity of the Buyer. In the event of late communication or failure to communicate the information requested by PRI-MAT in the context of validation of the identity, PRI-MAT may cancel or delay the execution of the transaction carried out by the Purchaser.
8.3 The Purchaser agrees to comply with all laws and regulations relating to the acquisition of goods of any kind. In particular, the Buyer is warned that he is liable to be classified as an intra-Community purchaser within the meaning of Article 256a of the General Tax Code; Moreover, the Buyer is warned that he is likely to be asked by the Administration to pay VAT and customs duties when acquiring Products from Sellers located outside the European Union.
8.4 The Purchaser agrees to have a standardized mailbox in accordance with the recommendations of the postal service (size of the mailbox, indication of the coordinates of the residents, etc.).
8.5 The Buyer is prohibited from acquiring, through the Site, Articles infringing intellectual property rights (counterfeit goods) or selective distribution networks.
ARTICLE 9 - Liability
9.1 Liability of Seller
9.1.1 The Seller is solely responsible for the proper performance of the obligation to inform Buyers of the essential characteristics of the Article. He is solely responsible for the description of the goods he offers for sale. It guarantees PRI-MAT of any claim relating to the content and form of said description. The Seller undertakes to carry out all validations, verifications and to make all necessary clarifications so that the description and the elements of the offer are faithful and do not mislead the Buyer.
9.1.2 The Seller acknowledges that the acceptance by a Buyer of any of the offers in its Ads results in the conclusion of a contract of sale or provision of services between the Seller and the Buyer.
9.1.3 Any Seller shall indemnify and hold harmless PRI-MAT against any and all damages sustained by PRI-MAT and any liability claims against PRI-MAT on the basis of the violation of any right whatsoever Of a third party resulting from its activities on the Site.
9.1.4 The Seller is solely responsible for the conformity of his Ads with the provisions of the Consumer Code. In addition, in the event that specific regulations are applicable to an Advertisement due to the nature of the product or service, the Seller acknowledges that it is fully and exclusively responsible for the compliance of this Announcement and the entire subsequent sales process with The corresponding specific regulation.
9.1.5 The Seller determines the selling price of the Article under his sole responsibility. PRI-MAT shall in particular draw the attention of the Seller to the fact that it is his responsibility not to fix a price manifestly excessive. In case of doubt when fixing the Price of an Item, the Seller can ask advice to PRI-MAT by using the contact form located in the Help and Support> Contact Customer Service.
9.2 Responsibility of PRI-MAT
9.2.1 In consideration of its merely intermediary status with respect to the contracts concluded between the Sellers and the Buyers, PRI-MAT is in no case resellers of the Articles and does not enter into possession of the said Articles. PRI-MAT also does not have the status of broker or agent, which the Users expressly acknowledge.
Consequently, Users acknowledge that PRI-MAT can not be held liable for any failure to perform or improperly execute the contracts by the Seller and / or the Purchaser.
Moreover, PRI-MAT can not guarantee to the Buyers that the Articles sold through the Site will satisfy them. Similarly, PRI-MAT can not guarantee to the Vendors that their Articles will not be returned to them according to the conditions fixed herein.
9.2.2 As PRI-MAT hosting company, it is subject to the reduced liability regime provided for in articles 6.I.2 and following of Law nº2004-575 of June 21, 2004 for the Trust in the Digital Economy.
Consequently, PRI-MAT can not be held responsible for the content of the Shops or Ads published by the Sellers and gives no guarantee in this respect.
9.2.3 PRI-MAT reserves the right to suspend, without prior notice or indemnity and without incurring any liability, access to the Site temporarily or permanently. It does not guarantee that the Site will be accessible without interruption. It may interrupt access to the Site for reasons of maintenance and in case of emergency. It is bound only by an obligation of means concerning the continuity of access to the Site. PRI-MAT therefore disclaims all warranties, conditions or other provisions and shall not be liable for any loss of money, reputation, or special, indirect or consequential damages arising out of or in connection with the use of Site.
9.2.4 Without prejudice to the stipulations in the preceding paragraph, if PRI-MAT is held liable towards a User or a third party by the competent jurisdiction, its liability can not exceed the total amount of commissions that the User will have paid to PRI-MAT During the 12 months preceding the said action in liability.
9.2.5 PRI-MAT is not responsible for the fraudulent use by a third party and the possible consequences of the user's identifier and / or password.
9.2.6 In the event of force majeure, strike, or in the event of a breakdown, blockage or difficulty concerning PRI-MAT computer equipment, computer software used by PRI-MAT or the Internet, and in case of suspension Of the access to the Site, the obligations of the parties to this contract will be suspended.
9.2.7 Hyperlinks on the Site may refer to other sites. PRI-MAT is not responsible for the content or the actions of these sites
ARTICLE 10 - Intellectual Property
10.1 Copyright. Except for information, photographs, articles and trademarks displayed on the Site that are not the property of PRI-MAT, all elements constituting the Site (texts, graphics, software, photographs, images, videos, Plans, names, logos, trademarks, creations and other copyrightable works, databases, etc.) as well as the Site itself, are governed by French and international laws on copyright and rights related to copyright, (In particular Articles L122-4 and L122-5 of the Code of Intellectual Property).
These elements are the exclusive property of PRI-MAT, except the elements realized by speakers outside the Site who have not ceded their copyrights. Accordingly, the User agrees not to:
- use or interrogate the Site on behalf or for the benefit of others;
- reproduce in numbers, for commercial or non-commercial purposes, information on the Site;
- integrate all or part of the content of the Site into a third party site, for commercial or non-commercial purposes;
- using a robot, in particular a spider, an Internet search or retrieval application or any other means allowing to recover or index all or part of the contents of the Site, except in the case of prior express authorization Of PRI-MAT; and
- copy the information on media of any kind allowing to reconstitute all or part of the original files.
Any use not expressly authorized of elements of the Site entails a violation of the royalties and constitutes an infringement. It may also result in a violation of the rights to the image, rights of persons or any other rights and regulations in force. It may therefore incur civil and / or criminal liability of its author. PRI-MAT reserves the right to seize all legal remedies against persons who have not complied with the prohibitions contained in this article.
10.2 Trademarks. The trademarks, product names and company names or logos appearing on the Site are the property of their respective owners. Referring to products, services, or other information by quoting a trade name, sign, manufacturer, supplier or other does not constitute or imply acceptance, sponsorship, partnership or recommendation The share of the Site.
10.3 Links from the Site. The Site may contain hyperlinks to third party sites. These links are provided for further information only. PRI-MAT does not exercise any control over these sites and declines all responsibility for the access, content or use of these sites, as well as for any damage that may result from the consultation of the information present on these sites. The decision to click on these links is the full responsibility of the user.
10.4 Links to the Site. Any link to the Site must be subject to prior authorization. PRI-MAT reserves the right to terminate an authorization at any time if it considers that the link established with the Site is such as to prejudice its interests.
ARTICLE 11 - General Stipulations
11.1 Independence of the Parties. The Parties acknowledge and agree that in no event shall they make a commitment on behalf of and / or on behalf of each other.In addition, each Party shall be solely responsible for its acts, claims, undertakings, , Produced and personal.
11.2 Relationship between the parties. The parties acknowledge and agree that their cooperation shall in no case be regarded as establishing between them a de facto partnership, a joint venture or any other situation entailing between them any reciprocal representation or solidarity with regard to their respective creditors.
11.3 Autonomy of provisions. Should any of the provisions of the General Terms and Conditions be declared invalid or unenforceable in the light of a rule of law in force or a judicial decision that has become final, it shall be modified for its validity or Deemed unwritten without invalidating the General Terms and Conditions or affecting the validity of their other provisions.
11.4 No waiver. The fact that either Party does not claim the application of any of the provisions of the Contract or accepts its non-performance, whether permanently or temporarily, shall not be interpreted and shall not constitute A waiver by that Party of its right to subsequently enforce this provision or any other provision of the Contract.
11.5 Governing Law, Competent Jurisdiction. These Terms and Conditions are governed by French law. Any dispute arising out of these General Terms and Conditions, in particular as to their interpretation, execution or validity, shall be the exclusive competence of the Courts of Lille