- 1. Introduction
- 2. Object
- 3. Using Franceking
- 4. Right to retract
- 5. Violation of the Franceking Terms of Service,
restriction and limitation of account and termination of contract
- 6. Fresh
- 7. Conditions of sale
- 8. Purchase conditions
- 9. Buy and sell internationally
- 10. Content
- 11. Restriction of access to funds
- 12. Additional clauses
- 13. Correction of payment errors to
buyers and sellers
- 14. Responsibility
- 15. Indemnities
- 16. Dispute resolution
- 17. General
- 18. Franceking Customer Guarantee
Welcome to FRANCEKING! These Terms, the Personal Data Notice, the Additional End User License Terms for Mobile Devices and all regulations published on our site govern the terms under which FRANCEKING provides you with access to the site, related services, applications and tools (here -after referred to as the "Services"). All of our regulations as well as our Personal Data Notice are incorporated into these Terms. By using our Services, you accept all of the Conditions as mentioned above. This site is operated by: FRANCEKING Société auto entreprise Registered with the RCS of Grasse n ° 890 584 121 Represented by Ms. Milan Marie-Louise, as Chairman and CEO Head office: 1645 Chemin saint Arnoux 06140 Tourrettes sur Loup (administrative headquarters only, no package should be returned to this address)
Franceking is a marketplace that allows its users to offer, sell or buy practically anything he or she wants, in a variety of price formats and places of exchange, such as, among others, shops, fixed-price offerings from different places. FranceKing does not own any item offered for sale or sold on its site, and does not intervene in any way in the transaction between sellers and buyers. The sales contract is concluded exclusively and directly between the seller and the buyer. We do not intervene in transactions between buyers and sellers. As such, we do not transfer ownership of items from seller to buyer. Sale / purchase agreements are made directly between the buyer and the seller. Accordingly, we have no control over the quality, safety or legality of the items offered for sale, the veracity or accuracy of the content or advertisements of users, the ability of sellers to sell said items or the ability of buyers to pay for said items. Any indication on prices and delivery, or any other advice offered by Franceking on its sites, services, applications or tools, are provided for informational purposes only. Furthermore, we cannot assure that the seller or the buyer will complete or execute the transaction, or that a buyer will correctly return an item. Sellers must have a valid means of payment registered with Franceking on a permanent basis. When configuring or modifying your payment method for the payment of fees for FRANCKING Services, you have agreed in execution of the billing contract to be automatically debited from any fees due here by Franceking in application of these Conditions. This includes in particular the amounts due for Franceking charges and franking slips. Franceking will inform you of these charges on your invoices, if applicable. If the sums for which you are indebted to Franceking cannot be recovered by the payment method provided for any reason whatsoever, you remain required to pay Franceking all the unpaid amounts. Franceking reserves the right to request both the reimbursement of these sums by any other means and those of any additional costs incurred by Franceking to obtain this reimbursement, if the law allows it. You can change your payment method in Franceking at any time.
3. Using Franceking
- • download to the server ("upload"), publish content or sell items in inappropriate categories or domains on our site;
- • violate any laws, any third party rights or our policies;
- • use our Services if you are not legally able to enter into contracts, (for example if you are under the age of 18) or if you have been temporarily or indefinitely suspended from using our Services;
- • fail to pay for the items you have purchased, except in cases permitted by law or if the seller has materially changed the description of the item after your purchase, if an obvious typographical error has been made or if you do not cannot contact the seller (see our policy on unpaid items);
- • fail to deliver the items purchased from you, unless the material delivery conditions are not met;
- • manipulate the price of an item or interfere in the advertisements of other users;
- • post false, erroneous, misleading or defamatory content (including personal information);
- • take any action that may harm the rating systems (see our rating policy);
- • transfer your Franceking account (including evaluations) and your nickname to a third party without our consent;
- • distribute or post unsolicited advertisements (spam), mass electronic communications, chain e-mails or pyramid schemes;
- • use the contact details of other users for any use other than in connection with a specific transaction on franceking (which includes the use of these contact details to send promotional materials directly to users of Franceking, unless the user has given their express consent to receive these documents);
- • make available viruses or other technologies likely to harm Franceking or the interests or property of Franceking users;
- • use any type of computer robot, scraper or even use any other automatic process to access our Services for any reason whatsoever;
- • bypass our robot exclusion protocols, disrupt or attempt to disrupt the operation of our Services, or finally impose an unreasonable or disproportionate load on our infrastructures;
- • export or re-export a franceking application or tool, except where this complies with applicable export control laws, as well as the regulations and restrictions in force on franceking;
- • copy, modify or distribute content or rights from our Services or the copyrights and trademarks of Franceking; • copy, reproduce, reverse engineer, modify, create derivative works, distribute or publicly disclose any content (except for your own information) from our Services without the prior express written consent of Franceking or, as the case may be if applicable, that of the third parties concerned; • market a franceking application, software or information associated with this application;
- • collect in any way information about users, including e-mail addresses, without their consent.
If you are registered on Franceking as a professional entity, you acknowledge that you have the authority and legal power to bind this entity. If you carry out your activity as a professional on Franceking, you must comply with the laws applicable to e-commerce on the site on which you sell items (see our Sellers area for more information). In addition to the provisions of these Conditions, if (1) we believe that you are violating the rules on offers to buy or sell outside of Franceking, you may be subject to a series of actions, including limitations your buy and sell privileges, restrictions on listings and account features, suspension of your account, application of seller-buyer matchmaking fees, and cost recovery linked to the monitoring and implementation of the regulation; and if (2) you are a seller and you offer or mention your contact details or request the buyer's contact details in connection with a purchase or sale outside Franceking, you will be liable for the commission on the final price in return for putting in contact with a buyer for this object on the Franceking.fr site, even if the object is not sold. For security reasons, Franceking may cancel accounts that have not been confirmed or have been inactive for more than 6 months or modify or interrupt the Franceking Services, after giving 30 days notice.
4. Right of withdrawal
If you use our Services as a consumer, you can exercise your right of withdrawal within 14 days of accepting these Terms of Service. However, you acknowledge that the provision of our Services will commence upon your acceptance of the Terms of Service. If you exercise your right of withdrawal, you acknowledge and agree that Franceking retains the costs invoiced or receives the costs incurred as a result of your use of the Services. You can inform us of your intention to exercise your right of withdrawal by mail to the address of your co-contracting Franceking entity indicated above.
To download the withdrawal form, click here
Please complete and return this form only if you wish to withdraw from the contract relating to your registration for the services Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract relating to your registration for the Franceking services.) the attention of: FRANCEKING 1645 chemin Saint Arnoux 06140 Tourrettes sur Loup FRANCE.
5. Violation of the Franceking Terms of Service,
restriction and limitation of account and termination of contract
1. In the event that Franceking finds a violation by a user of the legal provisions in force, of the rights of third parties (including in particular intellectual property rights such as trademarks and copyright), of these Conditions and / or of the Franceking regulations or if Franceking has a legitimate interest, such as the protection of users from fraudulent activities, Franceking reserves the right to take measures against the user, such as in particular:
- remove offers, announcements, reviews or content;
- send a warning;
- delay the publication of announcements and other content;
- restrict the use of the Services;
- revoke the special status of seller;
- temporarily suspend the user's account. When action is taken against a user, Franceking takes into account the legitimate interests of that user, in particular if there are indications that the user is not responsible for the violation.
2. Franceking reserves the right to permanently suspend a user of the Services (permanent suspension) if in particular:
- User has repeatedly received negative or poor Detailed Seller Ratings and the suspension is necessary to protect the interests of other users;
- the user has provided incorrect contact details;
- the user has transferred his Franceking account or has given access to it to third parties;
- the user causes significant damage to other users or to Franceking;
- the user commits repeated breaches of these Conditions and / or of Franceking's regulations. As soon as a user is permanently suspended, no complaint relating to the restoration of the suspended Franceking account or of the evaluation profile will be accepted.
- 3. Users can close their account and terminate their user agreement at any time.
- 4. Franceking may terminate these Conditions at any time with 30 days notice. Regarding professional sellers who offer goods or services to consumers via the Services, Franceking will indicate the reasons for the ordinary termination, arising from paragraphs 1 and 2 indicated above. The right to suspend a user and the right to extraordinary termination for legitimate reasons remain unaffected.
- 5. If a user has been suspended or these Conditions are terminated by Franceking, this user can no longer use the Services, even with other Franceking accounts, and can no longer register again. A suspension or termination has no effect on the validity of contracts already concluded on the Franceking marketplace.
- 6. If Franceking takes any of the measures referred to in this section, in particular in the event of restriction, suspension or termination, users may request clarifications on the facts and circumstances which motivate these measures within the framework of the internal procedure. for handling complaints from Franceking (accessible via section 16 - Dispute resolution). Sellers must meet Franceking's minimum performance standards. We reserve the right to limit, restrict, suspend or downgrade the account of sellers who do not meet these standards.
The registration offered on our Services is free. The use of other services such as the sale of objects is chargeable. The fees billed for the use of our Services are detailed in our sales fees policy. Franceking may be required to modify the fees by publishing these changes on its site or in the Messages section of Franceking, 15 days in advance. You can close your account without any penalty within 15 days of notification of such changes. Unless otherwise stated, all prices are shown in euros (EUR). It is your responsibility to pay all applicable fees and taxes resulting from the use of our Services on time and through a valid method of payment. In the event of a problem related to your method of payment or if your account is in arrears, we will attempt to collect the amounts due by other means of collection, we will debit the other methods of payment appearing in your account, we will be able to appeal to a collection agency or a legal advisor authorized for this purpose. Default interest at the legal rate will apply where applicable. You agree that we will send you electronic invoices by email. Finally, we may also suspend or limit your ability to use our Services until payment has been received in full. If sums have been available on your Franceking account for more than 5 years, you agree that Franceking can keep these sums after having informed you and leaving the possibility of opposing them.
7. Conditions of sale
When you put an item up for sale, you agree to abide by the listing rules and the rules on selling practices. You also agree that:
- you are responsible for the accuracy of the content and the legality of items offered for sale in accordance with the regulations on prohibited or restricted items;
- your ad may not be immediately available in keyword or category search results, with ads typically appearing in search results within 24 hours. In addition, for this reason, Franceking cannot guarantee the exact duration of the announcements;
- content that violates any Franceking rule, whatever it may be, is deleted, modified or hidden at the sole discretion of Franceking;
- in accordance with eBay catalog policies, from time to time we may revise product information associated with listings by adding, removing, or correcting information;
- we strive to create a marketplace where buyers find what they are looking for. Therefore, the display or presentation of ads in search and navigation results depends on various factors, such as:
- the location of buyers, the search query, the browsing site and the browsing history;
- the location of the item, the ad format, the price and shipping costs, the terms of sale, the history and relevance to the user's research;
- seller's history, including sales practices, detailed seller ratings, compliance with Franceking regulations, ratings and defect rate;
- the number of advertisements corresponding to the buyer's request.
- the identical ads policy may affect your ad's visibility in search results;
- meta tags and URL links that are in an ad are removed or changed so that they do not affect third party search engine results;
- we can provide you with optional recommendations to consider when creating your ads. Such recommendations may be based on the history of overall sales and the performance of similar successful and ongoing sales; results will vary for individual ads. To carry out these recommendations, you agree that we may share the sales and performance history of your listings with other sellers;
- user ads can also be added to external sites through optional additional distribution channels;
- through the Services, the buyer can purchase additional services offered by Franceking or its partners, such as warranty extensions and other insurances or assembly and installation services.If the seller offers Accessory Services, either himself or through partners, he must, when creating his ad, take into account the compatibility of his Accessory Services with the comparable additional services offered by Franceking or by Franceking partners with regard to concerns the seller's advertisement, and he must respect his obligations towards the buyer, in particular his advisory obligations.
- some sales options will only be visible on certain Services. These sales options may be paid services that may affect the display or presentation of ads in search and navigation results, such as Sponsored Ads. As a result, to ensure a positive user experience, an ad may not appear in certain search results, regardless of the sort order the buyer chooses.
8. Purchase conditions
When you purchase an item, you agree to abide by the Buyers Policy and:
- read the entire ad before purchasing an item;
9. Buy and sell internationally
Sellers and buyers must comply with all laws and regulations applicable to any sale, purchase, or delivery of items sold internationally. You authorize us to use machine translation tools to translate your Franceking content and your communications between members, in whole or in part, into national languages, when such translation solutions are available. We can provide you with tools that allow you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When you provide us with content, including any content that you upload through our Services, to enable us to provide our Services, you agree to grant us a non-exclusive, free, for all languages, for the world entire and for the legal duration of the rights (including any extensions that may occur), all image and intellectual property rights relating to said content and to the elements entering into its composition (in particular texts, images, photographs, logos, illustrations, brands, models, titles, data), including any database and any content that may qualify as a derivative work (hereinafter the "Content") in whole or by extract, as and when they are insertion on the sites. These rights include the right to reproduce, represent, distribute, adapt, modify, translate, sublicense and communicate to the public, use in a database, for all or part of the Content by any means, on any format and medium. (digital, printed, etc.) known or unknown to date, including for all Franceking sites and services Franceking may provide third parties with all or part of the rights granted under this license. You guarantee us that the Content complies with applicable legislation, that you are the holder of the intellectual property rights on the Content, that it does not infringe the rights of third parties, and that it is not subject to any infringement or other action. You guarantee us against all the financial consequences of any actions, claims, claims, or oppositions from any person invoking an intellectual property right on the Content, an act of unfair and / or parasitic competition, and / or an infringement of the press law. We may offer you product information from third parties (including Franceking users). You can use this type of content only as part of your franceking ads while your ad is posted on the Franceking site. Fanceking may, in its sole discretion, modify or terminate this authorization for use at any time. We make every effort to provide reliable information, but cannot guarantee that the content offered by our Services is always available, accurate or even up-to-date. You agree that: (i) Franceking is not responsible for reviewing your ads, nor guaranteeing any ads or content provided by third parties through the Services, (ii) Franceking or any product information provider can be held responsible responsible for any inaccuracy of this information. As a seller, you agree to be responsible for verifying that the product information associated with your listings is accurate. Product information may include content protected by copyright, trademark law, or other content subject to intellectual property rights. You agree not to remove any copyright, "trademark ™" or any other sign relating to the product information. You agree not to use the contents of the catalog in a way that would infringe the property rights of a third party, nor to create derivative works using such data or information whatever (other than for the sole purpose to include this information in your ads).
11. Restriction of access to funds
To protect against liability risks, Franceking has sometimes recommended, and may continue to do so, that PayPal restrict access to funds in a seller's PayPal account, based on certain criteria including, in particular, the 'sales history, seller performance, returns, risks inherent in the category of the ad, the amount of the transaction or the filing of a complaint. This may result in PayPal deciding to restrict access to funds available in your PayPal account, in accordance with PayPal's rules and agreements.
12. Additional clauses
13. Correction of payment errors to buyers and sellers
We reserve the right to correct any processing error that we may identify. We will correct any processing error by debiting or crediting the means of payment used for the reimbursement made under the Franceking Customer Guarantee, in accordance with the authorization you have granted us under the section "The Franceking Customer Guarantee", below -above.
We strive to maintain security on Franceking and for its Services as well as its proper functioning, but we cannot guarantee continuous and secure access to our Services, as their proper functioning may be affected by many factors that we do not control. Franceking (including its parent company, subsidiaries, affiliates, officers, directors, agents and employees) cannot be held liable under contract, tort (even in the event of negligence) or otherwise, for any commercial loss that you may suffer ( loss of data, profits, turnover, business, opportunities, customer value, reputation or business interruption) or any loss that is not reasonably foreseeable and arising, directly or indirectly:
- your use of our Services, or your inability to use them;
- advice on pricing policies, postage or any other advice provided by Franceking;
- any delays or disruptions to our Services;
- viruses or other malicious software obtained by accessing or relating to our Services;
- any malfunctions, bugs, errors or inaccuracies of any kind present on our sites;
- any damage to your computer equipment resulting from your use of the Services;
- the content, actions or lack of action of third parties (in particular with regard to items offered for sale using our Services), or the destruction of items suspected of constituting counterfeits;
- suspension or any other action taken with respect to your account or a violation described in the section Violation of the Franceking Terms of Service, Account restriction and limitation and contract termination;
- the length of time your ads are displayed and the form in which they appear in search results described in the Conditions of sale section; or
- the need to change your practices, content or behavior, or the loss or inability to operate your business as a result of changes to these Terms of Service or our policies.
Within the limits of the legislation in force, we exclude all guarantees, conditions or other provisions, and cannot be held responsible for any financial or reputational loss, nor for special, indirect or induced damages resulting from or related to the use of our sites and services. This exclusion does not apply if you are acting as a consumer. Unless it has been duly informed of the existence of illegal content within the meaning of the legislation in force, and has not acted promptly to remove it, Franceking cannot be held responsible for either the Content or the actions (or lack of action) of users, nor of the items they sell. You assume full responsibility for the legality of your actions under the laws applicable to you and for the legality of the items you are selling on our site. Although we use techniques to verify the accuracy and veracity of the information provided by our users, this verification remains difficult on the Internet. For this, Franceking cannot ensure the accuracy or veracity of the presumed identities of users, or the validity of the information they provide us or publish on our sites, does not confirm them, and is in no way responsible. Without prejudice to the stipulations provided for in the previous paragraph, if Franceking is held liable by the competent court towards a user or a third party acting as a professional, our liability may not exceed the following highest amount:
- (a) any amount due under the Franceking Customer Guarantee within the limit of the price of the relevant item sold on Franceking and the initial shipping costs;
- (b) the total amount of commissions you paid to us during the 12 months preceding such liability action; or
16. Dispute resolution
18. The Franceking Customer Guarantee
- authorize and instruct us to request PayPal to collect or return variable amounts from your PayPal account in order to process a buyer's refund;
- authorize and instruct us to ask PayPal to collect or return variable amounts in other currencies (corresponding to payments related to claims eligible for the Franceking Customer Guarantee) from your PayPal account in order to refund a buyer when you do not have sufficient funds available in the currency of the transaction;
- authorize and instruct us to ask PayPal to restrict your access to funds available in your PayPal account (the restriction will apply up to the amount equivalent to the price of the product and the initial shipping costs paid by the buyer) to any time during the dispute resolution process. (This may result in PayPal deciding to restrict access to funds available in your PayPal account in order to manage its exposure to possible risks, in accordance with PayPal's policies.)
- authorize and instruct us to make direct debits from the payment method you have selected in order to collect the amount we have paid to the buyer (in cases where we have reimbursed the buyer directly);
- authorize and instruct us to charge the refund amount to your invoice, including, but not limited to, the cost of the return slips.
You acknowledge and agree that the above authorizations will be given on a recurring basis and on various dates, as we require to implement the rules of the Franceking Customer Guarantee. For future claims, when we settle a dispute in favor of the buyer, we notify the seller and continue to debit the seller from the payment method of their choice. If the seller does not provide Franceking with a valid means of repayment, we may collect the amounts due using other collection mechanisms, including the use of a collection agency. We may suspend the Franceking Customer Guarantee without notice if we suspect abuse or interference with the proper functioning of the Franceking Customer Guarantee. The Franceking Customer Guarantee is not the guarantee of a product or the guarantee of a service. This is an additional service, and does not replace any legal guarantee provided for by the Consumer Code or the Civil Code. Regardless of the applicability of the Franceking Customer Guarantee, consumers can exercise their rights against the seller under the legal guarantee of product conformity.