| terms & conditions |
Article 1. Identification The Company SALVAGEANDSALVAGE, SAS with a capital of 500 euros, domiciled at Boulogne-Billancourt, registered in the RCS of Nanterre under the number 890973 662 and whose VAT number is FR56 890973662 is the owner of the Platform accessible via the URL address www.salavageandsalvage.com. The site is hosted by Prestashop and the Director of Publication is Aurore Lalande. Article 2. Definitions In this document, the following terms have the meanings set out below: Seller: refers to the Professional offering a Product for sale on the Platform, whether it is a reseller, antique dealer, broker, etc., or a dealer in antiques. The Seller must be registered on the Platform in order to place an Ad on the Platform. Buyer: refers to the Individual Buyer (any natural person acting for purposes that do not fall within the scope of his activity) or the Professional Buyer who uses the Platform in order to purchase a Product offered for sale by a Seller. Product(s): means the Recovered Materials offered for sale on the Platform. GC or Contract: refers to these general terms and conditions applicable to Buyers. Content: means the elements and information inserted by the Seller on its advertisement. Each User remains the owner and responsible for the Content that he inserts. Parties: designates in the present SALVAGEANDSALVAGE and the Seller. Platform: refers to the technical Platform offered by SALVAGEANDSALVAGE via the URL www.salvageaandsalvage.com in order to put the Seller and the Buyer in contact with a view to concluding a sale. Service(s): refers to the services offered by the company SALVAGEANDSALVAGE on the Platform. Article 3. Object The Platform allows a professional Seller to be in contact with a Buyer who has identified himself on the Platform in order to purchase Products. Under no circumstances is SALVAGEANDSALVAGE a reseller of the Product offered by the Seller on the Platform. The Seller registers on the Platform, writes a Content and publishes an Advertisement to offer a Product for sale. The Buyer registers on the Platform in order to acquire a Product offered by a Seller. SALVAGEANDSALVAGE only allows the connection between the Buyer and the Seller thanks to the Platform. SALVAGEANDSALVAGE is therefore not responsible for the contractual relationship between the Seller and the Buyer, nor for the consequences thereof. The Buyer acknowledges that he/she has been sufficiently informed and that the Service offered by SALVAGEANDSALVAGE is suitable for him/her. Any creation of an Account implies full and complete acceptance of these Terms and Conditions, TOS as well as the Privacy Policies of which the Buyer is aware. If the Buyer does not wish to accept the TOS, he may not be put in contact with a Seller. Each Buyer agrees to abide by these T&Cs, which shall be deemed to have been accepted prior to registration. These Terms and Conditions constitute the contractual document binding on the Parties and prevail over and cancel any other document. These Terms and Conditions are made available to the Buyer and are available for consultation on the Platform. SALVAGEANDSALVAGE reserves the right to modify these GTC at any time in order to comply with any new regulations. The Buyer who does not wish the contractual relations to be governed by the new version will have to notify SALVAGEANDSALVAGE. Article 4. Access to the Platform Access to the Platform requires the Purchaser to have Internet access. All the costs necessary for the equipment and the Internet connection are at the full charge of the User. The Purchaser declares that he/she is aware of the characteristics and limitations of the Internet described below: - data transmissions over the Internet only benefit from a relative technical reliability and that no one can guarantee the proper functioning of the Internet ; - the Publisher has taken important measures to secure access to the Platform, according to an obligation of means, but that data circulating on the Internet can be subject to misappropriation, and that thus the communication of passwords, confidential codes, and more generally, any information of a sensitive nature is made by the User at his own risk; - The Internet is an open network and it is therefore incumbent upon the User to take all appropriate measures to protect the data and/or software stored on its servers from contamination by viruses as well as from attempts by third parties to intrude into its computer system. As a consequence of the foregoing, and in full knowledge of the characteristics of the Internet, the Purchaser waives the Publisher's liability for any event mentioned above, except in the event of a breach of an obligation of means. In order to access the Services offered on the Platform and to proceed to the payment of a Product, the Buyer must be in possession of an account on the Mangopay platform or create one. This is a prerequisite and necessary condition to access and finalize the sale. SALVAGEANDSALVAGE is entitled to require the signature of a SEPA type direct debit mandate, which the Buyer already accepts. Article 5. Registration on the Platform - Account Life The Buyer acknowledges having verified the suitability of the Platform to its needs and having received all necessary information and advice on the Platform and the Products. It is up to the Buyer to verify that the Products correspond to the definition of its needs. 5.1. Inscription To register on the Platform, the Buyer must create an Account by filling in certain information depending on whether it is an Individual Buyer or a Professional Buyer (surname, first name, company, identification number, Kbis extract, intra-community VAT number, RIB, etc.) and choosing an identifier and a password to access the Platform. The Buyer undertakes to check, update and guarantee the accuracy of the information indicated on his Account and in particular the delivery address indicated. The Buyer who registers as a professional in the exercise of his activity must be able to demonstrate to SALVAGEANDSALVAGE his quality as a Professional. To contact a Seller, the Buyer must go to the advertisement and send a message to the Seller or validate the Order and pay directly the amount indicated. 5.2. Account Registration on the Platform is valid for an indefinite period of time. The account may be closed on simple request by the Buyer via the Platform or be closed or suspended by SALVAGEANDSALVAGE in the event of failure by the Buyer to comply with its obligations, breach of these GTC, complaint by a Seller or if the Buyer has invited a Seller to finalize the sale outside the Platform. In any case of closure/suspension, no compensation will be paid to the Buyer. All sums due by the Buyer on the effective date of the termination are immediately payable. 5.3. Purchase on the Platform The Buyer may order a Product offered on the Platform as long as the Seller's Advertisement is visible on the Platform. The effective payment of the amount indicated validates the Order. The sale is nevertheless subject to the availability of the Product. SALVAGEANDSALVAGE will confirm the Order by e-mail. All the delivery times announced for the delivery of the Products sold are calculated in working days and are given as an indication. The Order is sent to the address indicated by the Buyer. Article 6. Price – Payment Access to the Platform is free of charge. The price of the Products offered for sale by the Seller is expressed in Euros excluding VAT. To this price will be added, if necessary, the applicable VAT rate, packaging and delivery costs. These costs will be presented to the Buyer before validation of the Order. In order to proceed with the payment, the Buyer is required to create a Mangopay account as the payment is made securely only by debiting the Buyer's Mangopay account. The payment of the Buyer via the Platform constitutes express acceptance of the Mangopay SA TOS. The amount paid remains on the Mangopay account until confirmation of receipt of the Product. Article 7 : Delivery cf tab delivery on the website. Article 8. Revocation / cancellation 8.1. Right of revocation In accordance with the French Consumer Code and the European Directive 2011/83/EU, the Non-Professional Purchaser and the Professional Purchaser with a number of employees less than or equal to five, and whose main field of activity does not include the purchase of the Products offered on the Platform, have a period of fourteen (14) calendar days from the date of receipt of the Product to cancel the Order, without giving any reason. The time limit is deemed to have been met if the Product is returned before the time limit expires. To withdraw, the Customer must return the Product to the Seller by post to the address indicated by the Platform and send a statement expressing its wish to withdraw. The return is at the Customer's risk and expense. Once the verification of the Product has been carried out and deemed compliant by the Seller, the Platform will formulate a request to Mangopay for the Buyer to be reimbursed for the sums paid (excluding delivery costs) within fourteen (14) days on the payment method used for the initial transaction. OR does the Seller refund the Buyer directly? The Professional Buyer does not benefit from the right of retraction. 8.2. Cancellation The Buyer is entitled to request cancellation of the sale in the event of receipt of Products that do not conform to the description or in a condition different from that specified. The Buyer will be reimbursed after returning the Product(s). Article 9. Commitments and liability of the Buyer 9.1. As part of its Use of the Platform Buyer agrees not to use the Platform for any purpose other than those specified in the GTC. Thus, the Buyer is not entitled to contact a Seller to conclude a sale outside the Platform. The Buyer undertakes not to transmit or indicate on his personal account any element allowing his identification. SALVAGEANDSALVAGE reserves the right to edit and/or delete any account that contravenes the GTC. The access to the account is done by a login and a password which are strictly personal. The Buyer is responsible for his account and the actions of any person using his account. 9.2. Within the framework of its intervention on the Platform The Buyer undertakes, without this list being considered as restrictive, not to disseminate any message or information of an offensive, defamatory, racist, xenophobic nature, damaging to the honor or reputation of others, inciting discrimination, hatred of a person or group of persons because of their origin or their membership or non-membership of an ethnic group, a particular nation, race or religion, threatening a person or group of persons, of a pornographic or pedophilic nature, inciting to commit a crime, a crime or act of terrorism or other, infringing on the rights of others and the safety of persons and property. 9.3. Commitment regarding effective payment The Buyer undertakes to immediately proceed to the payment of the price of the advertised Product. The Buyer agrees not to request the cancellation of his payment by provision on the Mangopay Platform to his financial institution during the course of the Service. Article 10. SALVAGEANDSALVAGE’s liability 10.1. Regarding accessibility to the Platform SALVAGEANDSALVAGE will do its utmost to ensure that the Platform is accessible on the Internet according to an obligation of means. SALVAGEANDSALVAGE will use its best efforts to ensure that it operates reliably and continuously, but cannot guarantee uninterrupted and error-free operation. SALVAGEANDSALVAGE undertakes to take all reasonable precautions to ensure the protection of the Platform and to secure access to it. The Buyer is informed of the inherent limitations of the Internet and uses the Platform at his or her own risk. 10.2. Regarding the contractual relationship between the Seller and the Buyer SALVAGEANDSALVAGE does not intervene in the contractual relationship between the Seller and the Buyer. SALVAGEANDSALVAGE provides Buyers and Sellers with tools and technical means to enter into a relationship. Its responsibility is limited to the supply of these means and the establishment of the relationship. SALVAGEANDSALVAGE publishes in good faith on the Platform the elements provided by the Seller and cannot be held responsible for the inaccuracy of this information. Under no circumstances can the responsibility of the Seller or the Buyer be imputed to SALVAGEANDSALVAGE. SALVAGEANDSALVAGE shall not be held liable in the event of failure on the part of the Seller, non-receipt of the Order by the Buyer, if the information relating to the Product is not accurate, if the Product does not conform to the Order. 10.3. Regarding the transfer of money For transaction security, SALVAGEANDSALVAGE has chosen to entrust the tasks of data collection and possible data storage to a PCI-DSS certified payment service provider, called Mangopay. This standard is an international security standard ensuring the confidentiality and integrity of cardholders' banking data. SALVAGEANDSALVAGE cannot be held responsible for any modifications, errata, etc. that may appear in the information distributed by Mangopay. 10.4. Liability SALVAGEANDSALVAGE is liable for any direct and foreseeable damage within the limit of the commissions received from the Seller. SALVAGEANDSALVAGE shall in no case be liable for any indirect damage, such as loss of turnover or profit, loss or alteration of data, damage to image, etc. 10.5. Exclusion in case of force majeure In general, SALVAGEANDSALVAGE cannot be held liable for any damage caused by an act of force majeure, by the Seller, a Buyer or a third party. Article 11. Respect of property and intellectual property rights Unless otherwise stated, the elements accessible on the Platform such as databases, management tools, texts and more generally all information made available are the full, complete and exclusive property of SALVAGEANDSALVAGE. In particular, the Buyer shall refrain from: - to copy or reproduce, decompile, in whole or in part the Platform by any means and in any form; - to use the Platform otherwise than in accordance with the strictly interpreted stipulations of these Terms and Conditions. Its registration confers only a non-transferable and non-exclusive right of personal private use. Any use of the elements of the Platform without authorization will be likely to be characterized as acts of counterfeiting and will be liable to prosecution. Article 12 - Independence of the Parties The Parties are independent and no joint venture is created between the Parties. Article 13. Fair use of the Platform The Buyer undertakes to make fair use of the Platform and shall not circumvent the Platform. Article 14. Applicable law These GTC are subject to French law. Article 15. Dispute Resolution Any dispute arising out of the interpretation or execution of the GTC will be subject to an attempt at amicable settlement. In the absence of an amicable solution between SALVAGEANDSALVAGE and the Buyer, the dispute will be submitted to the competent courts, according to the legal provisions in force. In case of dispute between a Seller and a Buyer, SALVAGEANDSALVAGE is not a party to the dispute but SALVAGEANDSALVAGE may collaborate to find a solution. |