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 advertisement of the Products and in the presentation of the Virtual Shops.
In case of an order from a Seller presenting himself as a private individual, the User will not have the same legal guarantees and rights as those provided for in a relationship 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. Likewise, legal guarantees such as the guarantee of hidden defects, conformity or guarantees related to delivery are not applicable.
TICPANGEE.COM invites the Buyer to contact any particular Seller before placing an order, in order to validate the terms and conditions of the order.
RECEPTION OF PRODUCTS
The Buyer commits himself by communicating a complete address of delivery to the Seller. The verification of the address entered by the User is beyond the reasonable control of the Seller and/or ticpangee.com. Consequently, the User is solely responsible for the consequences of a delivery made to a collective or erroneous address and cannot hold the Seller and/or ticpangee.com liable if an unauthorized third party receives the parcel on his behalf.
Depending on the User’s delivery address, different tax rules and other charges may apply. If the User has Products shipped outside his territory, he may be required to pay import duties upon receipt of the Products. TICPANGEE is not in a position to control these charges and/or predict their amount. The User is solely responsible for payment of these taxes and Customs duties not included in the initial sale price. The User is advised to contact his local Customs office for more information before placing the order.
In case of delivery to areas that are difficult to access due to their geographical location, the User is invited to contact the Seller to ensure that the delivery can be made in good conditions.
The Buyer undertakes to have a mailbox in accordance with the recommendations of the postal services.
Upon receipt of the order, the User agrees to check the condition of the package, its packaging and its contents, it being understood that the transfer of risk of loss or damage occurs when the Buyer or a Third Party designated by him/her takes physical possession of the order.
In case of absence at the time of delivery of the Products, the Buyer undertakes to collect the ordered Products from the post office or any other place indicated on the notice of passage within the time indicated. Failing this, the order will be returned to the Vendor, the delivery charges will not be refunded to the Buyer and reshipment charges may apply.
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 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 above, any cancellation of an order at the initiative of the Buyer must be requested as soon as possible.
TICPANGEE does not intervene in any way in the contractual relationship between the Buyer and the Seller and therefore cannot take part in any exchanges or 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, TICPANGEE 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 by one and the same Buyer, TICPANGEE 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. TICPANGEE will reimburse the Buyer on the Seller’s behalf.
The Seller will pay 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 pay these costs.
In order to defend the interests of Users and the image of the Site, TICPANGEE reserves the right to intervene to resolve any dispute and the Seller undertakes to respect the solution that will have been found by the intervention of TICPANGEE.
The Seller acknowledges and accepts that in the event of a breach of any of the obligations hereunder, such as, but not limited to (i) total or partial failure to deliver or availability of products (ii) total or partial delay in delivery or availability (iii) total or partial delivery or making Products available that do not comply with the terms of this Agreement, the Seller shall be liable to the Seller for any loss or damage suffered by the Seller as a result of the breach. (iv) total or partial absence of response or unsatisfactory response (v) total or partial failure to deal with the Buyer’s complaints within a reasonable period of three (3) working days or any behavior which could be prejudicial to the Buyer, TICPANGEE reserves the right, without the Seller being able to contest it, to
– Either to refund the amount of its order to the Buyer (including shipping costs in the case (subrogation). In this respect, the Seller undertakes in particular to complete a SEPA direct debit mandate and/or his bank details in his User Account to enable TICPANGEE to recover the sums due under the subrogation and/or the Services fees. Failing this, TICPANGEE reserves the right to refuse the Seller access to the Services; if applicable, and then to turn against the Seller for the recovery of the sums due
or to refuse any payment to Seller.