A- Account Creation
A.1. CONDITIONS OF REGISTRATION
Concerning Users acting as private Sellers, access to the Site and the use of the services are strictly reserved to persons aged 18 years and over, having the legal capacity to sell Products, domiciled anywhere in the world. Any registration for services on the Site by a minor is prohibited. By accessing, using or registering on the website, the User represents and warrants that he or she is 18 years of age or older.
Concerning Users acting as professional Sellers, access to the website and the use of the Services are strictly reserved for entities registered with the Trade and Companies Register or the Trade Register, acting in the context of their usual professional activity.
In this respect, Ticpangée reserves the right to request any supporting document (in particular, proof of registration, identity cards of the person(s) authorized to represent the company, etc.) from any User, including after registration on the Site.
The publication of advertisements for the sale of Products is a service reserved for Sellers of Products. Being part of an exhaustive list of categories fixed by the administration of the site,Ticpangée reserves the right to delete the account of a Seller who does not respect the conditions of the virtual stores provided for in particular, in the Article “CREATION AND MANAGEMENT OF A VIRTUAL SHOP” of the present GCU.
The User undertakes to use the Services solely and exclusively for strictly personal purposes, it being specified that any reproduction, representation, publication, distribution or modification or extraction of the content of the Services and/or the Site is prohibited.
The User agrees not to undermine, in any way whatsoever, the proper functioning of the Services and the Site.
A.2. CREATION OF A USER ACCOUNT
To benefit from the Services, the User is invited to create a User Account on the Site in order to allow him/her :
– To search and consult the advertisements of sale or exchange of Products;
– To publish advertisements of sale and exchange of Products;
– Interact with other Users to order Products.
The User Account login and password are strictly personal and confidential. The User undertakes to guarantee the confidentiality of the login and password chosen when creating the User Account and is prohibited from communicating them to Third Parties.
The User agrees not to create or use, under his own identity or that of a Third Party, other User Accounts than the one initially created.
Ticpangée reserves the right to refuse any new request to create a User Account on the Site, from a Seller whose User Account has been closed on two (2) occasions.
A.3. INFORMATION NOTE FOR INDIVIDUAL SELLERS
The User is informed that the Site is accessible to both private and professional Sellers.
The status of the Seller (individual/professional) is indicated in the advertisements of the Products and the presentation of the Virtual Shops.
In case of an order with a Seller presenting himself with a status of private individual, the User will not be able to have the same legal guarantees and rights as those envisaged within the framework of a relation with a professional Seller.
Also, as an illustration, the right of withdrawal does not apply in case of purchase of a Product from a private Seller. Similarly, legal guarantees such as the guarantee of hidden defects, conformity or guarantees related to the delivery will not be applicable.
Ticpangée invites the Buyer to contact any particular Seller before placing an order, in order to validate the terms and conditions of the order.
B. PAYMENT OF THE ORDER
The payment methods currently available on the Site are :
B.1 Payment by credit card.
The payment of the order by credit card online is subject to a system of security of remote payments to ensure the confidentiality of information. This security system is the 3D Secure payment, a system of payment by authentication. The 3D Secure service is free and is activated for payments by credit card, Visa and Mastercard. The bank checks the identity of the Buyer at the time of payment and authorizes the payment. The identification system being specific to each bank, the Buyer must check with his bank the authentication process used. The Buyer must also check with his bank that the transaction is accepted. If the transaction fails, bank charges may be billed to the Buyer after the third attempt.
Payment by the third-party service provider Stripe offering an online payment service is reserved for Users with a personal account with Stripe.
In any case, Ticpangée cannot be held responsible for any malfunctioning of Stripe third-party services on the Site.
B.2 Payment by PayPal
Payment by the third-party provider PayPal offering an online payment service is reserved for Users with a personal account with the company PayPal.
In any case, Ticpangée cannot be held responsible for any malfunctioning of third-party PayPal services on the Site.
B.3 Payment to Sellers
The companies STRIPE and PAYPAL, approved third party service providers, manage the payments on the Site. Payments are processed, stored and protected by STRIPE and PAYPAL, before being transferred to the Seller for the Products and to Ticpangée for the Services.
No banking information of the Users passes through the Site. STRIPE and PAYPAL use the SSL (Secure Soket Layer) protocol to encrypt credit card details.
STRIPE and PAYPAL guarantee that Users’ financial information is never communicated to third parties. Similarly, payment information is protected by the HTTPS protocol.
For more information, the Buyer is invited to consult the General Terms and Conditions of Use of STRIPE by clicking on this link: https://www.123clics.fr/conditions-generales-stripe/.
And the General Conditions of Use of ” PAYPAL by clicking on this link: https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full.
Ticpangée cannot be held responsible for any malfunction of the online payment service.
The payments of the orders of Products are credited on the Electronic Wallet of the concerned Seller. Seller may at any time:
(I) use the funds available in its e-Purse to make purchases on the Site;
(II) request the transfer of the balance of his e-Purse to his bank account by providing Ticpangée with his bank information (valid RIB).
C. METHODS OF DELIVERY OF PRODUCTS
The method of delivery of the Products is indicated by the Sellers on each presentation sheet of the Products on the Site.
The Seller is solely responsible for the shipment and delivery of the Products it offers. As such, he undertakes to provide the Buyer with all useful information relating in particular to the methods and times of delivery of the Products.
As of the payment of the order by the Buyer, the Seller undertakes to deliver the Products under the conditions and within the deadlines agreed upon directly with the Buyer.
The Seller shall be responsible for the packaging and packing of the Products it sells.
C.1 Delivery of Products
The Seller undertakes to ship the Products within a maximum of seven (7) days following the date of payment of the order by the Buyer, unless the Buyer agrees to a longer delivery period.
The Seller undertakes to offer the Buyer a method of delivery allowing tracking of the packages and, as such, will keep and hold any proof at the Buyer’s disposal.
The Seller shall not use the Buyer’s postal address for any purpose other than the execution of the order.
Any professional Seller is subject to an obligation to provide an invoice to the Buyer, meeting the legal requirements and designating in particular the Product, its quantity, its price, the modalities of execution of the right of withdrawal etc.
If necessary and in order to guarantee the security and satisfaction of the Buyers, Ticpangée reserves the right to temporarily suspend the User Account of any Seller, in order to ensure the proper delivery of the Products to the Buyers. In this case, the Seller will be informed of the verification procedure implemented.
In the event that the verification procedure leads to the conclusion that the Seller has not respected its obligations towards the Buyer, Ticpangée may proceed with the definitive closure of the User Account of the Seller concerned.
C.2 CANCELLATION AND REFUND CONDITIONS – WITHDRAWAL
As a professional, the Seller is required to comply with all regulations applicable to the sale of Products and in particular: the rules of commercial law, social and tax law, consumer law relating in particular to distance selling etc.
For any Product sold by a Seller who is a private individual, the Buyer acknowledges that the right of withdrawal will not apply.
The Seller undertakes to respond to any question or complaint from a Buyer within 48 working hours of receipt and within a maximum of 72 working hours of receipt. The Seller shall not correspond with a Buyer other than through his User Account on the Site.
All requests such as complaints, requests for cancellation, modification, exercise of the right of withdrawal must be addressed by the Buyer directly to the Seller concerned. Notwithstanding the foregoing, any cancellation of an order at the initiative of the Buyer must be requested as soon as possible.
Ticpangée does not intervene in any way in the existing contractual relations between the Buyer and the Seller and consequently cannot take part in the exchanges undertaken and disputes arising between them in relation to any order for Products.
In any case, the Buyer and the Seller shall make their best efforts to find an amicable solution to any dispute that may arise between them in connection with an order for Products.
In the event of a complaint and/or dispute between a Buyer and a Seller, Ticpangée reserves the right to suspend User Accounts pending resolution. In the event of repeated complaints against one and the same Seller, or a significant volume of cancellations at the initiative of one and the same Buyer, Ticpangée reserves the right to suspend and/or permanently close the User Account concerned.
Any refund made in the context of a cancellation or withdrawal procedure will be refunded to the Buyer’s account.
The Seller undertakes to reimburse the Buyer using the procedure provided for this purpose on the Site, using his User Account. Ticpangée will refund the Buyer on the Seller’s order.
The Seller shall bear the cost of returning any Product in the event of an error attributable to it, the implementation of a legal guarantee, or any other reason for which the law requires it to bear these costs.
In order to defend the interests of the Users and the image of the Site, Ticpangée reserves the right to intervene in the resolution of any dispute and the Seller agrees to respect the solution that will have been found by the intervention of Ticpangée.
The Seller acknowledges and accepts that in case of violation of one of the obligations of the present contract, such as but not limited to (i) the total or partial absence of delivery or availability of the Products (ii) the total or partial delay of delivery or availability (iii) the total or partial delivery or availability of Products that do not comply with the terms of the present contract. (iv) the total or partial absence of response or unsatisfactory response (v) the total or partial absence of treatment within a reasonable period of three (3) working days of the complaints of the Purchasers or of any behavior that could be prejudicial to the Purchaser, Ticpangée reserves the right, without the Vendor being able to contest it and according to the case:
– Either to refund the amount of his order to the Buyer (including shipping costs if applicable) and then turn against the Seller for the recovery of the amounts due (subrogation). In this respect, the Seller agrees to complete a SEPA direct debit mandate and/or bank details in his User Account in order to allow Ticpangée to recover the sums due under the subrogation and/or the Services fees. Failing this, Ticpangée reserves the right to refuse the Seller access to the Services;
– Or to refuse any payment to the Seller.