These General Terms and Conditions govern the relationships between:
The User (as defined in article 1 below)
on the one hand
the company BROCANTE LAB, simplified joint-stock company with a share capital of 74,139 euros, registered in the PARIS Trade and Companies Register under number 801 558 875, with their registered office at 1, Rue de Châteaudun, 75009 PARIS
on the other hand
Hereinafter individually referred to as "the Party" or jointly as "the Parties".
BROCANTE LAB has been entrusted with the task of developing and running the Selency website which can be accessed at the URL addresses: https://www.selency.com and https://www.brocantelab.com/ and https://www.selency.co.uk (hereinafter the « Website »).
The Website is an on-line marketplace which links Buyers and Sellers (as defined in article 1 below) for the purchase of second-hand furniture and decorative Articles (as defined in article 1 below).
BROCANTE LAB is acting as a trusted third party and enables contact between the Buyers and Sellers.
In this role, it is specified that BROCANTE LAB, who is neither a Seller, nor a Buyer, does not have any control over the sales made by the Users (as defined in article 1 below) on the Website and cannot be held liable in this respect, in any capacity.
Only the Sellers are responsible for the Advertisements placed on the Website and the information that they contain on the sale of the Articles through the Website and the handling of any complaints made by Buyers; the latter are solely responsible for their purchases made through the Website, as well as all actions that they may take on or through said Website.
The Parties agree and accept that the terms beginning with a capital letter set out below, whether in the single and/or plural form, have the meaning given to them below within the scope of these Terms and Conditions:
"Buyer" refers to any User, professional or otherwise, who buys one or more Articles on the Website;
"Advertisement" refers to any offer made by any Seller to sell one or more Articles on the Website;
"Article" refers to any item of furniture and/or decoration put up for sale by any Seller on the Website;
"Shop" refers to all of the Articles put up for sale on the Website by the same Seller;
"Order": online purchase of an Article by any Buyer from a Seller on the website;
"Commission": refers to the sum of money received by BROCANTE LAB in compensation for a sale made by any Seller on the Website;
"Contract": refers to these Terms and Conditions;
"Information": details (personal or professional details, information, etc.) and contents (videos, photos, documents, messages, images, cropped photographs, etc.) published on the Website by any User;
"State of the Article ": corresponds to the state of wear of the Article as indicated by the Seller. The Article can be considered to be "Worn" (referring to its state of wear) or "Good condition";
"Shipping by Selency": delivery service organised by BROCANTE LAB;
"Price of the Article" means the Seller's part of the price of the Article plus Commission. The Price of the Article is in EUROS. This is the price paid by the Buyer for the Article, not including delivery charges;
"Price of the Transaction": includes the Price of the Article and any delivery charges in EUROS;
"Profile": page dedicated to a User registered on the Website and containing the Information provided by that User;
"Questions and Answers": an area of the Website allowing any User to ask questions about an article and for the Seller to reply;
"Pick up at Seller's place": refers to an option that the Seller may offer when putting an Article up for sale on the Website and which may be chosen by the Buyer when purchasing the Article. This option allows the Buyer to receive the Article ordered directly from the Seller, thus saving delivery costs;
"User" refers to anybody visiting the Website for any reason (Buyer, Seller, professional or otherwise, individual acting on their own behalf or on behalf of a legal entity, internet user not registered on the Website, etc.);
"Seller" refers to any User, private or professional, who offers one or more articles for sale on the Website.
2.1. The purpose of these Terms and Conditions is to define the conditions of use of the Website by the User.
2.2. The fact that any User has ticked the box "I have read the Terms and Conditions and agree to adhere to them unconditionally" upon registering on the Website constitutes the irrevocable acceptance, without exception, of all of these stipulations.
Said acceptance shall take effect as of the date of registration on the Website by the User and shall apply for the duration of the Contract.
If the User refuses to fulfil any of the obligations or conditions included in these Terms and Conditions, they shall no longer be able to access or use the Website.
2.3. These Terms and Conditions form a contract between BROCANTE LAB and the User.
The User declares and guarantees that they have the legal capacity to enter into a contract and, if they represent a company or any other legal entity, that they are authorised to act in the name and on behalf of said company or entity.
These General Terms and Conditions form the complete agreement between the Parties and replace any previous agreement or arrangement, spoken or written that may link them.
These Terms and Conditions shall prevail between BROCANTE LAB and the User over any other contractual or non-contractual document issued by a Seller and/or a Buyer.
2.4. BROCANTE LAB reserves the right to modify these Terms and Condtions at any time.
Any modification shall immediately take effect upon publication of the new version of the Terms and Conditions on the Website.
Therefore, the User undertakes to regularly consult the Terms and Conditions of the Website in order to be aware of any modifications that have been made.
The Client may request to be informed of the modified Terms and Conditions.
The User is free to cancel their registration on the Website in accordance with the procedures set out in article 19 below if they do not agree with the modified Terms and Conditions.
By default, they shall be considered to have accepted without reserve the new version of the Terms and Conditions.
2.5. The applicable Terms and Conditions are those that are in force when an Order is placed.
2.6. The User may consult and save a copy of the Terms and Conditions at any time.
Prior to confirming their Order, they are to accept them by clicking on the icon provided for this purpose.
3.1. To be able to buy or sell Articles on the Website, the User must register on the Website by creating an account.
Registration on the Website is free of charge and accessible to any individual User over 18 years of age, as well as any legal entity.
3.2. The User can register on the Website as follows:
Either by manually filling out the obligatory fields in the registration form, marked with an asterisk, providing full, accurate details;
or by using the "Facebook Connect" function. In this case, the User allows BROCANTE LAB to access the information that the User has published in their Facebook account.
3.3. Any User who wishes to sell their products on the Website is under obligation to provide BROCANTE LAB with their personal details; in particular valid bank details.
Furthermore, BROCANTE LAB is authorised to gather documents proving the Seller's identity. These documents may be requested by the teams at BROCANTE LAB and are used with the sole aim of guaranteeing the security of financial transactions and fighting against fraud.
BROCANTE LAB is entitled to cancel a sale if at any moment the Seller should refuse to provide proof or if there is any doubt about the validity of said proof.
When registering, the User must first of all indicate if they are a professional or private user.
Any Seller who registers as a private user on the Website must fill out the supporting documents requested under the tab "My Shop"/"Shop settings"/"Payment settings".
For information purposes, for private sellers from France these supporting documents are:
- A photocopy of the front and back of the currently valid national identity card or of a valid passport.
- Proof of address dated within the last 3 months: utility or Internet provider bill or tax notification (not a mobile phone bill).
Any Seller who registers as a professional user on the Website must fill out the supporting documents requested under the tab "My Shop"/"Shop settings"/"Payment settings".
For information purposes, for private sellers from France these supporting documents are:
- A photocopy of the front and back of the currently valid national identity card or of a valid passport belonging to the company's legal representative.
- A KBIS extract (certificate of incorporation) dated within the last 3 months.
- The company's Articles of Association with the distribution of responsibilities.
For information purposes, for self-employed professional sellers from France these supporting documents are:
- A photocopy of the front and back of the currently valid national identity card or of a valid passport.
- Notification of their situation in the SIRENE database provided by INSEE (National Institute of Statistics and Economic Studies) and dated within the last 3 months.
Sellers of any other nationality may request the list of supporting documents that they are to send to BROCANTE LAB in order to receive authorisation to sell on the Website by sending an e-mail to firstname.lastname@example.org.
If it transpires that a Seller registered as a private user on the Website seems to be carrying out their business activity on the site, BROCANTE LAB may request them to identify themselves as a professional on the Website and provide proof of their professional role.
In the event of a refusal or failure to reply, BROCANTE LAB may close the Seller's account.
Whilst waiting to receive the professional Seller's supporting documents, BROCANTE LAB will be entitled to temporarily suspend the Seller's account as a precautionary measure and/or to remove their advertisements.
BROCANTE LAB wishes to remind the Seller acting in a professional role of their obligation to respect the laws and regulations regarding the conclusion of a distance contract.
3.4. When registering on the Website the User may choose to follow BROCANTE LAB's news by clicking on the box provided for this purpose.
3.5. By providing their postal address, the User accepts that BROCANTE LAB will handle details relating to their location.
The handling of this data allows the User:
to search for Articles based on their own location or another location;
to enable other Users to identify any Article put up for sale on the Website in a specific location.
3.6. When registering, the User will choose a user name and password.
The User undertakes not to register under a name that is liable to infringe upon third party rights (brand, corporate name, business name, etc.).
The User may not use a simple password (for example: 123456) and must regularly change their password in order to ensure a high level of security.
The username and password will be strictly personal and confidential and the User is to use them in such a way that they remain confidential.
The registered User will be the only person authorised to access the Website using their username and password.
Any use of the Website by means of their username and password shall be considered to have been undertaken by the User themselves.
In the event that a third party should use their username and password, the User is to notify BROCANTE LAB immediately:
either by sending an email to the following address: email@example.com;
or by post to the following address: SELENCY, 1 rue de Châteaudun 75009 PARIS;
or by telephone on (+33) (0)9 72 49 32 22, from 9.45 am to 7.00 pm Monday to Friday.
They will then receive an email containing a new password at the email address provided during registration.
The User is responsible for their use of the Website and any actions carried out on the Website using their username and password, unless their account has been used after they have cancelled their registration or after BROCANTE LAB has been notified of fraudulent use of their account.
4.1. After registering, the User is prompted to provide a certain number of additional details (obligatory if marked with an asterisk or optional if not) in their Profile.
Any User using the Website as a Seller must complete their Profile with the obligatory information indicated by the Website and they are free to choose whether or not to provide the optional information.
Any User using the Website as a Buyer is able to fill out the obligatory and/or optional information in their Profile.
The User may modify the information published in their Profile at any time.
4.2. The User expressly accepts that some information provided by the User will be public and visible to other Users and/or passed on to the Seller(s) in the event of a sale.
5.1. Each User guarantees BROCANTE LAB that the information that they provide on the Website is accurate, true, complete and up to date.
The User undertakes to regularly update their information, with the aim of preserving its accuracy.
The User is solely responsible for the sincerity and accuracy of their information.
Under no circumstances may BROCANTE LAB be held responsible for any errors, omissions or inaccuracies in the information provided by the User, nor for any damages that may be incurred from said information by other Users or third parties.
5.2. In return for their uploading of personal information on the the Website, the User grants BROCANTE LAB a transferable, non-exclusive worldwide licence, which may result in the granting of a sublicence, granting BROCANTE LAB the right to use, copy, modify, distribute, handle, store and diffuse all of the information that the User puts on the Website during its use.
The User particularly authorises BROCANTE LAB to publish the Advertisements on partner sites and to promote products using any medium.
5.3. The User guarantees that they have the necessary intellectual property rights to publish the Information that they upload to the Website.
The User also guarantees that the Information that they publish on the Website does not contain anything that infringes third-party rights and current laws, and in particular provisions relating to libel, slander, personal privacy, image rights, an outrage of public decency or counterfeiting.
The User thus safeguards BROCANTE LAB against any third-party appeals concerning the publication of said Information on the Website.
5.4. The User undertakes to never mention their personal details (telephone, postal address, email, etc.) in the Advertisements, in the Questions and Answers, or in their Shop.
BROCANTE LAB reserves the right, where necessary, to delete the User's details without prior authorisation from the User.
5.5. When purchasing an Article on the Website, the Buyer agrees to their name and surname, delivery address, email address and telephone number being passed on to the Seller.
The Seller undertakes to keep this Information strictly confidential and not to reveal it to any third party.
The Seller undertakes to use the Buyer's details only for the purposes of completing the Order.
Unless expressly authorised by the Buyer, the Seller undertakes not to use the Information to send the Buyer any messages, objects or documentation, particularly publicity, by any means (in particular by post, telephone or email).
6.1.BROCANTE LAB builds strong and lasting relationships with its users, based on mutual trust: ensuring the security and confidentiality of the personal data of its users is an absolute priority for BROCANTE LAB. BROCANTE LAB collects and uses the personal data of the User in compliance with the provisions of Law No. 78-17 of 6 January 1978 entitled "Information Technology and Liberties" and the General Data Protection Regulation of 27 April 2016, or "GDPR".
6.2 COLLECTION OF DATA
All data concerning users is collected directly from the users when they create their Profile, when putting together their Store and/or during the Order process.
6.3 PURPOSE OF THE COLLECTED DATA
The legal basis for the collection of the personal data of the Users of the Website is:
- The legitimate interest of BROCANTE LAB in ensuring the tracking and the smooth processing of Orders.
- The legitimate interest of BROCANTE LAB in improving navigation on the Site and adapting its features.
- Users' consent with regard to commercial prospection and cookies.
Users' data is processed primarily with a view to:
- Enabling their navigation of the Website
- Ensuring the tracking and smooth processing of the Order
And in the alternative,
- Preventing and combatting fraud (hacking, prevention of money laundering etc.) …)
- Improving navigation on the Website
- Conducting voluntary satisfaction surveys regarding the use of the Website
- Compiling statistics regarding the use of the tool and putting together internal reports for the BROCANTE LAB management teams
BROCANTE LAB may use the provided email address to send promotional emails regarding news, offers or any information that could potentially be of interest to the User of the Website.
6.4. TYPES OF DATA PROCESSED
BROCANTE LAB may, within its capacity as an intermediary between Users, process all or part of the following information:
- Surname, first name, postal address, telephone number and email address
- Transaction history
- Ads placed online by the User in his Store
- Bank details and documents required for the identification of recipients of wire transfers
6.5. BROCANTE LAB and, in the event of a purchase on the Website, the Seller are the only receivers of these details. BROCANTE LAB may nonetheless be forced to transmit this data to technical service providers for the purposes of the execution of the Order and the operation of the Website.
However, BROCANTE LAB may need to pass these details on to technical service providers to ensure completion of the Order and operation of the Website.
6.6. This data is stored in France.
6.7. BROCANTE LAB commits to refrain from violating Users' privacy and to taking all suitable precautions with a view to safeguarding the security and confidentiality of their personal data and, in particular, to preventing them from being modified, damaged or disclosed to unauthorised persons, subject to obligations that may be incumbent upon it as defined by Law no. 2004-575 on Confidence in the Digital Economy.
The User recognises and accepts that for the aforementioned duration, BROCANTE LAB will retain all documents, information and recordings concerning his activity on the Website.
6.8. In accordance with the European regulations in force, Users of BROCANTE LAB have the following rights:
- Right to access (Article 15 GDPR), amend (Article 16 GDPR), and to update User data in its entirety.
- Right to block or delete user data of a personal nature (Article 17 GDPR) if it is inaccurate, incomplete, ambiguous or outdated, or whereby the collection, use, communication or storage of the data is prohibited.
- Right to withdraw consent at any time (Article 13-2c GDPR)
- Right torestrict the processing of User data (Article 18 GDPR)
- Right to object to the processing of User data (Article 21 GDPR)
- Right to the portability of data, granted to Users when this data undergoes automated processing on the basis of their consent or a contract (Article 20 GDPR)
- Right to stipulate what happens to User data after their death and to choose the third parties, which they have designated in advance, to whom BROCANTE LAB may (or may not) communicate their data
If the User wishes to know how BROCANTE LAB uses his Personal Data, to request that this data be amended or to object to its processing, the User can contact BROCANTE LAB in writing at the following address:
BROCANTE LAB – 1 rue de Châteaudun, 75009 Paris or by email at firstname.lastname@example.org;
In this case the User must indicate the Personal Data that is wishes BROCANTE LAB to correct, update or delete, while also accurately identifying himself by means of a copy of a valid form of identification (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on BROCANTE LAB under the law in particular with regard to the retention or archiving of documents. Finally, Users of BROCANTE LAB may submit a complaint to the supervisory authorities, and in particular to the CNIL (https://www.cnil.fr/fr/plaintes).
7.1. With the aim of enabling the User not to have to identify themselves every time they access the Service on the same day, except for the first time, BROCANTE LAB uses session cookies.
These computer files allow the User to be identified when connecting to the Website.
These cookies only allow statistical analysis to be carried out on website traffic whereby the results are completely anonymous.
7.3. BROCANTE LAB also uses third-party cookies.
The third parties authorised to access the data gathered in the third-party cookies by BROCANTE LAB undertake to use the data in accordance with the law and to protect the privacy of internet users.
7.4. The User may access all the information contained in the files relating to the cookies used by BROCANTE LAB by submitting a request:
either by email to the address email@example.com;
or by registered post to the following address: SELENCY - Customer Happiness, 1 rue de Châteaudun 75009 PARIS.
The Website is a platform which allows the Seller to offer products for sale to Users. BROCANTE LAB acts as a middleman in the order process; therefore BROCANTE LAB is not involved in the sale that takes place between the Seller and Buyer, both Users of the Website.8.1. Pre-contractual information
8.1.1. In the Advertisement the Seller undertakes to describe:
The main characteristics of the Article that they are selling (nature and functions of the Article, colour(s), material(s), age, style, dimensions, etc.);
the State of the Article;
the Price of the Article.
If the Article is inspired by the work of a well-known designer (without being an original piece), the Seller may only refer to the designer by indicating that the Article is "in the style of...".
If the Seller puts an Article up for sale that is a re-edition, they undertake to specify this in the Advertisement and are not permitted to present the Article as an original piece.
8.1.2.When creating an Advertisement on the Website, the Seller will show the Price of the Article in EUROS.
If the Seller is based in the UK, they have the possibility of showing the Price of the Article in POUNDS STERLING. The Price of the Article in EUROS is then displayed according to the applicable exchange rate on the date of creation of the advertisement. Only the price displayed in EUROS is registered. The Price of the Article in POUNDS STERLING is for information purposes and BROCANTE LAB is not bound to it. If the Article is sold, the Seller will receive the Seller's Part in EUROS calculated based on the Price of the Article registered in EUROS upon creating the Advertisement.
The same logic applies to any delivery options that may be added by the Seller, the retained price will be the price displayed in EUROS upon creating the Advertisement.
8.1.3. The Buyer will have the opportunity to ask the Seller questions on the Article in the Questions and Answers section reserved for this purpose in the Advertisement.
The Seller undertakes to reply to these questions as accurately as possible to avoid any non-compliance of the Article with the description given in the Advertisement by the Seller.8.2. Completion of the sale
8.2.1.The Website User may select products on the Website that they wish to buy online by placing them in their Basket. The User will find the articles selected on the Website in their Basket. When the User has finished selecting the products that they wish to buy, they can place their order.
By clicking on "Proceed to Checkout" in their Basket, the User is redirected to select their delivery address, invoice address and means of payment. By clicking on "Confirm and pay", they commit to buying the product from the Seller at the price indicated in the Advertisement if the Seller accepts.
The Buyer is bound by this offer to purchase until the purchase is accepted or refused or the Seller's acceptance period lapses, as defined in article 8.2.2 below.
8.2.2. BROCANTE LAB will inform the Seller of the Buyer's offer to purchase by email.
8.2.3. The Seller undertakes to accept or refuse the Buyer's offer to purchase within a period of seventy-two (72) hours, or three (3) days following receipt of the email from BROCANTE LAB informing them that the Article that they put up for sale on the Website has found a buyer.
The Seller will be able to accept or refuse the purchase offer via their account on the Website.
Their acceptance shall be firm and irrevocable.
Once the Seller has accepted the sale will be complete and deemed to be concluded. The Buyer's card will then be charged.
The Buyer will receive an email confirming the sale.
The Seller's failure to reply once the period of seventy-two (72) hours has lapsed will constitute a refusal of the purchase offer, and the contract of sale will not be concluded.
The Buyer's Order will then be cancelled and as a result the Buyer's card will not be charged.8.3. Delivery of the Article
Except in the case of Pick up at seller's place (which does not incur delivery charges), the delivery charges shall be assumed by the Buyer.
Details of charges and delivery methods are given on the page Seller's Guide on the Website.
The delivery fees are shown in EUROS, including tax.
8.3.1. Classic delivery
18.104.22.168. The Buyer and the Seller may choose classic delivery of the Article ordered, by the postal service, UPS, Uship, TNT, etc., depending on the volume and/or fragility of the Article.
22.214.171.124. Once the sale has been concluded and the Price of the Transaction has been received by BROCANTE LAB, BROCANTE LAB will pass the Buyer's details on to the Seller so that they can arrange delivery of the Article.
The Seller undertakes to send the Buyer the suitably packaged Article within seventy-two (72) hours, or three days after BROCANTE LAB has sent them the Buyer's details.
Within twenty-four (24) hours of despatching the Article, the Seller undertakes to inform the Buyer of the approximate delivery date of the Article.
126.96.36.199. The Seller is solely liable for the successful delivery of the Article ordered by the Buyer within the above-mentioned periods.
The risks linked to the delivery are assumed by the Seller, who is responsible for taking action against the delivery firm if necessary.
188.8.131.52. The Seller also undertakes to indicate where possible the tracking number corresponding to the delivery of the Article in the space provided for this purpose on the Website.
The Seller undertakes to keep proof of delivery for a period of one (1) month after the dispatch date of the Article and agrees to provide BROCANTE LAB, upon request, with all of the information that they have, in particular the date of receipt of the Article by the Buyer.
184.108.40.206. After delivery of the Article, BROCANTE LAB will transfer the Price of the Article to the Seller together with the delivery costs, by the means set out in article 220.127.116.11 below.
8.3.2. "Shipping by Selency"
The Buyer and/or the Seller will have the option of choosing the service "Delivery by Selency".
After the sale has been concluded, BROCANTE LAB will contact the Seller and Buyer at the earliest opportunity to arrange delivery of the Article.
The Seller will be responsible for packing the Article.
After delivery of the Article by BROCANTE LAB, the latter will transfer the Price of the Article to the Seller by the means set out in article 18.104.22.168 below.
8.3.3. Delivery in person
22.214.171.124. The Seller may offer the Buyer the Pick up at seller's place, an option that allows the Buyer to save on delivery costs.
126.96.36.199. The Seller will hand over the product to the Buyer during the Pick up at seller's place agreed by the two parties in a relationship of trust.
Within a period of forty-eight (48) hours after Delivery of the Article, the Seller will mark the product as delivered on the Website to be able to receive payment for the Article from BROCANTE LAB by the means set out in article 188.8.131.52 below.
184.108.40.206. When the Buyer has chosen the option Pick up at seller's place, they undertake to collect the Article within a period of thirty (30) days following conclusion of the sale, as set out under article 8.2.
Should they fail to collect the Article within the above-mentioned period, the Buyer may be charged compensation for delay amounting to:
Thirty (30) % of the Price of the Article if the Buyer collects the Article within a period spanning from the thirty-first (31st) to the sixtieth (60th) calendar day following conclusion of the sale;
Fifty (50) % of the Price of the Article if the Buyer collects the Article after the sixtieth (60th) day following conclusion of the sale.8.4. Receipt of the Article
If the Buyer is absent when the Article is delivered, they undertake to collect the Article from the corresponding post office within the allocated periods.
In the event that, due to failure to collect the Article within the stipulated period, the Article is returned to the Seller, the Buyer undertakes to contact the Seller to arrange further delivery of the Article.
The Buyer shall be responsible for any further delivery charges or for collecting the Article from the Seller upon agreement with the latter.8.5. Payment of the Order
8.5.1. Payment by the Buyer
The Price of the Transaction shall be paid by the Buyer in EUROS.
If the Buyer is based in the UK, they will be informed of the equivalent price in POUNDS STERLING. This information will be provided applying the current exchange rate once the price has been registered in EUROS. BROCANTE LAB is not committed to the price displayed in POUNDS STERLING, only being bound to the price in EUROS; which is the Price of the Article or the Price of the Transaction.
220.127.116.11. The Buyer has the option of paying for their Order:
by bank card using the secure portal Hipay;
by bank card in 3 instalments in the event of purchases from €300 to €4000 via 3x Oney. (Please note: this payment option is only available to private Buyers residing in France, as specified below).
Our partner Oney Bank offers you a finance option which allows you to pay for your purchases from €300 to €4000 in 3 instalments with your bank card. This offer is reserved for individuals (of full legal age) residing in France and in possession of a Visa or MasterCard that expires after the end of the chosen finance period. To subscribe to this option, the Buyer must click on the button "Payment in 3 instalments by bank card." The Buyer will be redirected to the website of our partner 3x Oney, where a detailed summary of your order and the request for personal finance will be displayed. Personal details will be requested by Oney Bank in order to authorise or refuse your request for payment in 3 instalments. Oney Bank reserves the right to accept or refuse your request to finance your purchase in 3 instalments. You will have a 14-day cooling-off period in which to cancel your credit.
Oney Bank - SA with a share capital of €50,741,215 - Registered office: 40 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias no.: 07 023 261 - www.orias.fr - Correspondence address: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
BROCANTE LAB reserves the right to request proof of identity (copy of ID card, proof of address and/or photocopy of bank card) from the Buyer.
Whilst waiting to receive these documents, BROCANTE LAB will have the right to suspend the placed order.
BROCANT LAB shall not be held liable in the event of fraudulent use of the methods of payment used by the Buyer.
18.104.22.168. The amount paid by the Buyer corresponds to the Transaction Price and as a result includes:
the Price of the Article, in EUROS, inclusive of tax;
the delivery charges, in EUROS, inclusive of tax;
after confirmation of the purchase offer by the Seller, the Buyer's account will be charged for the Price of the Transaction in EUROS.
8.5.2. Payment to the Seller
22.214.171.124. The Seller authorises BROCANTE LAB to receive the Price of the Transaction in their name and on their behalf.
In return for using the Website, the Seller authorises BROCANTE LAB to retain Commission on the Price of the Article; the applicable rate has been agreed in advance by the Seller and BROCANTE LAB.
The applicable rates are as follows:
15% excluding tax (or the equivalent of 18% including VAT) of the Price of the Article inclusive of tax when the Sale is agreed to by a Professional Seller;
25% inclusive of tax of the Price of the Article inclusive of tax when the Sale is agreed to by a non-professional Seller.
126.96.36.199. Subject to the absence of a withdrawal by the Buyer under article 10.1 below, BROCANTE LAB shall proceed to pay into the Seller's account (i) the Seller's Part of the price of the Article in EUROS and (ii) where applicable, the delivery charges paid up front by the Seller, as soon as the latter has requested them. The Seller may demand payment 14 days after the date of dispatch of the Article to the Buyer.
BROCANTE LAB will suspend payment whilst waiting for receipt of these documents and their analysis.
If the Seller is acting as a private individual, he is not authorised to issue an invoice to his customer. For sales made on a casual basis by a private individual, a proof of sale must be written up by the seller and sent to the customer.
In order to facilitate transactions and assist private vendors with their sales processes on the Website, BROCANTE LAB draws up a proof of sale in the name of and on behalf of the Seller - acting as a private individual and having declared himself as such in his Store - to be sent to the Buyer. This proof of sale summarises the information on the Seller's invoice, the information on the Buyer's invoice, the content published in the Ad and the order data (product name, price of the item, order date etc.)
For the private Seller, the acceptance of our terms and conditions constitutes consent to the issuing of proofs of sale in his name and on his behalf for the sales that he makes on the Website.
These proofs of sale will be made available to the Buyer under My Account, My Orders.
If the Seller acts as a professional, he must publish an invoice addressed to the Buyer for the sale made on the Website. When delivering the Article (classic delivery or "Shipping by Selency") and/or Pick up at Seller's place by the Buyer, the Seller is to issue the Buyer with an invoice including at least the points listed below (subject to any other information required by law and/or applicable regulations):
invoice issue date;
date of sale;
seller's and/or Buyer's VAT number (where applicable);
description of the Article (name, quantity);
unit price of the Article (excluding VAT where applicable);
the VAT rate applied and the legally applicable VAT rate (where applicable);
the total amount to be paid excluding and including tax.
This invoice issued by the Seller must be made out for the Price of the Transaction in the case of classic delivery and for the Price of the Article if Shipping by Selency.
The Seller is free to determine the Price of the Article.
BROCANT LAB particularly wishes to draw the Seller's attention to the fact that it is their responsibility not to set a clearly excessive Price.
BROCANTE LAB reserves the right to refuse to publish the Advertisement if they consider that the Price of the Article is too high.
The Seller undertakes to ensure that the Price of the Article on the Website is identical to the price at which the Seller sells the Article outside of the Website.
The Buyer is protected by consumer rights and may appeal to the court of their choice and demand application of the consumer protection laws of their country. The Seller must apply the Buyer's national law in terms of consumer protection provisions.10.1. Right of withdrawal
10.1.1. Cooling-off period
In accordance with the Consumer Contracts Regulations, the Buyer has a period of fourteen (14) clear days as of receipt of the Article to exercise their right of withdrawal.
During this period the Buyer is to inform BROCANTE LAB of their wish to withdraw in writing and free from ambiguities. The Buyer does not have to justify their reasons for exercising this right.
10.1.2. Method of withdrawal
In the event that the Article has not yet been dispatched, BROCANTE LAB will immediately take the decision to withdraw into account and the Buyer will be refunded within a period of fourteen (14) days as of notification of their decision.
In the event that the Buyer has already received the Article and/or the Article is underway, the Buyer will have a period of fourteen (14) days as of receipt of the Article to return it, packaged with care, to the Seller via the initial delivery method.
The cost of returning the Article shall be exclusively assumed by the Buyer.
10.1.3. Effects of withdrawal
Subject to this procedure and the deadlines being respected, BROCANTE LAB will reimburse the Buyer via the same method of payment used by the Buyer when placing their order, within fourteen (14) days as of receipt of their decision of withdrawal.
However, BROCANTE LAB may decide to postpone reimbursement until the Article is recovered by the Seller or until the Buyer has provided BROCANTE LAB with proof of dispatch of the Article, the applicable date being that of whichever of these actions comes first.10.2. Warranty against non-conformity and latent defects
The Seller is the guarantor for the conformity of the Article.
The Seller undertakes to describe the characteristics of the Article as accurately as possible in the Advertisement.
In particular, the Seller undertakes to describe the State of the Article, the qualities and the functions of the Article, in accordance with the form provided on the Website.
The Seller must also answer any Questions asked by Users referring to the Article on sale as accurately as possible.
In the event of non-conformity of the Article, under the Sales of Goods Act, any Buyer based in the UK can take legal action against the Seller and demand that the Article be repaired or reimbursed. When acting under the legal guarantee of conformity, the UK Buyer shall benefit from a period of six (6) years as of delivery of the Article in which to take action against the Seller. The legal guarantee of conformity is exercised in accordance with the provisions of the Sale of Goods Act.
Any Buyer in Europe may demand application of the EU directive 1999/44/EC to take action under legal guarantee of conformity within a period of two (2) years as of delivery of the Article or to demand application of the consumer protection provisions that are applicable in their country.
Within the scope of use of the Website, the User undertakes to:
guarantee the accuracy, integrity and legality of the information provided;
guarantee appropriate use of the Website;
refrain from entering any information that is malevolent, denigrating, obscene or defamatory, intentionally misleading, illicit and/or contrary to morality;
respect third party rights, particularly their intellectual property rights;
not to steal the identity of other Users of the Service;
not to impair or undermine the integrity or operation of the Website or the data contained therein;
refrain from trying to obtain unauthorised access to the Website or to associated systems or networks or intercepting the data;
use the Website in accordance with the applicable national and/or international legislations and regulations.
In the event of failure to fulfil any of these obligations, BROCANTE LAB reserves the right to temporarily or permanently suspend the User's account and/or terminate this Contract.
The Seller promises to be in full legal ownership of any Article that they put up for sale on the Website.
The Seller guarantees that any Article that they put up for sale on the Website will comply perfectly with public order, morality, third-party rights and applicable laws.
The Seller undertakes not to use any misleading information in their Advertisements or, more broadly, to adopt any unfair commercial practice through the Website.
The Seller undertakes to remove any Article that they no longer wish to sell or that they have sold by another means from their Shop as soon as possible.
13.1. The Seller is not permitted to sell any Article that is liable to infringe third-party intellectual property rights and will safeguard BROCANTE LAB against any third-party action in this respect.
Consequently, in the supposed case that a third-party should bring action against BROCANTE LAB regarding the sale of any counterfeit Article on the Website, BROCANTE LAB reserves the right to take action against the Seller in order to obtain compensation for any damages that they may incur.
13.2. In the event of any doubt regarding the possible counterfeit nature of an Article, the Seller acknowledges and accepts that BROCANTE LAB may refuse to upload the corresponding Article or, at the very least, demand that the Seller supply them with further documents on said Article (photographs, invoices, proof of authenticity, etc.).
13.3. Any User who detects the sale of a counterfeit Article on the Website must notify BROCANTE LAB.
13.4. Assuming that the User buys a counterfeit Article on the Website, they must inform BROCANTE LAB immediately and take action against the Seller in order to obtain compensation for any damages that they may incur.
Merely acting as a middleman, BROCANTE LAB shall not be held liable by the Buyer for the sale of said counterfeit Article.
14.1. The Seller is responsible for writing the Advertisement corresponding to the Article that they put up for sale on the Website.
The Seller acknowledges and accepts that BROCANTE LAB may ask them to modify and/or delete their Advertisement and/or that BROCANTE LAB may modify or remove the Advertisement, particularly if the Seller has not published their Advertisement in the appropriate category or if they have given their contact details in their Advertisement.
14.2. BROCANTE LAB has a discretionary right to accept or refuse to publish an Advertisement on the Website.
In the event that they should refuse publication, BROCANTE LAB will make every effort to inform the Seller, at the earliest opportunity, of their reasons for rejecting the Advertisement.
In particular, the Seller accepts that BROCANTE LAB will not publish the Advertisement if the Article on sale does not meet the criteria of the BROCANTE LAB charter (particularly if the Article does not meet the "décor" criterion, if the Article is not used, if the Article is a mass-produced piece of furniture, etc.).
14.3. The Seller undertakes to upload at least two high-quality photographs of the Article, in accordance with the Photo Tutorial that can be accessed on the Website.
They acknowledge and accept that BROCANTE LAB shall refuse to upload an Article if the quality of the photographs is not deemed satisfactory.
The Seller also agrees that BROCANTE LAB may touch up the photographs of the Articles in order to optimise their quality.
The Seller is solely liable for the successful completion of the sales contract that they enter into with the Buyer, and in particular:
their pre-contractual obligation to provide the Buyer with information;
conformity of the Article with the Advertisement;
absence of hidden defects in the Article;
respecting third-party rights.
They shall safeguard BROCANTE LAB from any claims made by the Buyer in this respect.
The Seller shall safeguard BROCANTE LAB against any damages incurred by BROCANTE LAB and/or against any action for damages that may be taken against BROCANTE LAB regarding an operation carried out by the Seller on the Website.
BROCANTE LAB will not intervene in the contractual relationship between the two parties, other than providing the Website in order to facilitate contact between the Buyer and the Seller.
In particular, BROCANTE LAB will not intervene in any way as an authorised representative, broker or agent of either of the parties and shall be totally uninvolved with contractual relationships that are likely to be concluded directly or indirectly between the Buyer and the Seller via the Website or otherwise.
As a result, BROCANTE LAB, who is not involved in the contractual or non-contractual relationships between the Buyer and the Seller, may not be held liable, for any reason, for any damage of any kind resulting from said relationships, vis-à-vis the Buyer, the Seller or third parties.16.2. Regarding the Information published on the Website by the User
In their role of host of the Information published by the User on the Website, BROCANTE LAB is subject to the corresponding liability regime as set out under articles 6.1.2 et seq. of law no. 2004-575 of 21 June 2004 regarding Confidence in the Digital Economy.16.3. In the event of failure to fulfil their obligations
BROCANTE LAB shall only be liable for damages directly incurred by the User, whereby it is established that said damages have resulted from BROCANTE LAB's failure to fulfil their obligations.
Subject to article 13.4 of these terms and conditions, BROCANTE LAB's liability, in the event that it is acknowledged by a judicial decision, may not exceed the total amount of Commission that the User paid to BROCANTE LAB in the twelve (12) months prior to said liability claim.
On the other hand, BROCANTE LAB may under no circumstances be held liable for:
damages caused by the User or a third party, or resulting from a case of force majeure;
indirect damages, including but not limited to operating losses (turnover, revenue or profits), lost opportunities, lost data, damage caused to image or reputation, commercial or economic detriment, possible cessation of the User's activity.
BROCANTE LAB undertakes to make every effort to ensure the proper functioning of the Website and its accessibility by the User, but they are only bound by an obligation of means regarding the continuity of access to the Website.
BROCANTE LAB does not guarantee the continued existence or performance of the Website.
BROCANTE LAB reserves the right to suspend access to the Website, temporarily or permanently, without prior notice.
They may interrupt access to the Website, mainly for maintenance reasons, updates and in the event of an emergency.
The temporary or permanent interruption of the Website shall not constitute a ground for liability on the part of BROCANTE LAB, and will not grant the User any right to indemnity.
As a result, BROCANTE LAB may not be held liable for the loss of money or reputation, nor for special damages, whether indirect or caused by the interruption of the Website service.
Likewise, BROCANTE LAB may not be held liable for any deterioration of materials, software or data (example: contamination by a virus) uploaded by the User for use on the Website.
In order to avoid disagreements as far as possible, the User must ensure that they regularly take measures to safeguard their data and software.
The User agrees to use the Website as it is provided, at their own risk and in full knowledge of the facts.
Except for Information provided by the User, all the technical, graphic, textual or other elements forming the Website (texts, graphics, software, photographs (including the cropped images of the Articles for sale on the Website), images, videos, sounds, plans, graphs, technologies, names, brands, logos, creations and works protected by copyright, databases, etc.), as well as the Website itself, are the exclusive property of BROCANTE LAB.
The User acknowledges that no property will be transferred to them, and no right or licence will be granted to them, other than the right to use the Website for the duration of the Contract.
As a consequence, unless expressly and previously authorised by BROCANTE LAB, the User undertakes not to:
reproduce the information given on the Website, whether for commercial reasons or otherwise, and/or technical, graphic, textual or other elements forming the Website;
integrate all or part of the Website contents, particularly the cropped photographs, into a third-party website, for commercial reasons or otherwise;
use a robot, particularly a web crawler (spider), website search or recovery application or any other means allowing them to recover or index all or part of the Website contents;
copy the information published on the Website and/or the technical, graphic, textual or other elements forming the Website onto any kind of medium allowing them to reconstruct all or any part of the original files.
Any use of elements of the Website that is not expressly authorised will result in the civil and/or criminal liability of the perpetrator and will be subject to judicial action being taken against them.
Registered trademarks, product names and names or logos appearing on the Website belong to their respective owners.
References to products, services or other information by quoting a trade name, a logo, a brand, a manufacturer, a supplier or other, does not constitute and does not imply acceptance, sponsorship, a partnership or a recommendation on the part of BROCANTE LAB.18.1. Links from the Website
The Website may contain hyperlinks to third-party websites.
These links are supplied purely for information purposes.
BROCANTE LAB has no control over the sites that these links redirect to and accepts no responsibility whatsoever in terms of access, contents or use of these sites, as well as any damages that may arise from consulting the information on said websites.
From the moment that the User is redirected to a third-party website, the conditions of use of the website in question shall apply in place of these Terms and Conditions, which shall cease to apply.
The decision to click on these links is the sole responsibility of the User.
If the User accesses an illicit third-party site or a site that may be harmful in any way via the Website, they will notify BROCANTE LAB immediately in order to enable them to remove the link to the contentious site without delay18.2. Links to the Website
Prior authorisation must be obtained for any link to the Website.
BROCANTE LAB reserves the right to cancel authorisation at any time if they consider that the link to the Website may go against their interests.
Any User may demand cancellation of their registration on the Website by sending a request to BROCANTE LAB:
either by sending an email to the following address: firstname.lastname@example.org;
or by post to the following address: SELENCY, 1 rue de Châteaudun 75009 PARIS.
Cancellation of their registration will result in cancellation of the Contract.
This cancellation will take effect within thirty (30) clear days as of receipt of the request to cancel the registration by BROCANTE LAB.19.2. By BROCANTE LAB
BROCANTE LAB reserves the right to rightfully cancel the Contract without prior notice or formality in the event of the User's failure to fulfil their obligations as set out herein.
Cancellation of the Contract will result in the immediate cancellation of the User's registration.
The User will be informed of said cancellation by email at the address provided during registration.
Cancellation shall take place notwithstanding any damages and interests that BROCANTE LAB may claim to remedy damage incurred due to any breach that the User is held responsible for.
The duration of the Contract is equal to the duration of the User's registration on the Website.
The Parties acknowledge and accept that they may not in any case make a commitment in the name and/or on behalf of the other party.
Furthermore, each of the Parties shall remain solely responsible for their actions, allegations, commitments and services.21.2. Relationships between the Parties
The Parties acknowledge and accept that they shall act independently of each other and, in particular, that BROCANTE LAB purely plays the role of middleman between the Sellers and Buyers, in such a way that they are a third party to the relationships formed between the Parties and this Contract may by no means be considered to establish a de facto corporation, a silent partnership or any other situation resulting in any reciprocal representation or solidarity between them in terms of their respective creditors.21.3. Severability clause
If any of the provisions of these Terms and Conditions should be declared null and void or inapplicable, in terms of an applicable law or a judicial decision, it shall become invalid.
The other provisions herein shall continue to apply, conserving all of their force and scope, insofar as possible, and the Parties undertake, where necessary, to reach an agreement to replace the null and void clause for a valid clause, which is as close in meaning to the original as possible.21.4. Non-waiver
The fact that one or the other of the Parties does not demand the application of any one of the provisions of the Contract or its non-implementation, whether permanent or temporary, may not be construed and will not constitute a waiver of that Party's rights under these conditions, nor will it in any way affect the validity of all or part of these Terms and Conditions or affect the Party's rights to act accordingly.21.5. Force majeure
Any unforeseeable event beyond the control of the Parties such as (and not limited to) acts of war or terrorism, criminal acts, riots, natural or industrial catastrophes, explosions, legal demands and other legislative or regulatory provisions restricting BROCANTE LAB from carrying out their activity, interruptions in electronic communication networks for reasons beyond BROCANTE LAB's control, etc., are to be considered cases of force majeure.
In the event of force majeure, BROCANT LAB may be forced to suspend Website activity.
The effects of the Contract will then be suspended and will resume once the situation of force majeure has come to an end and will continue for the duration of the Contract remaining as of the moment of suspension.21.6. Applicable law, place of jurisdiction
The validity, interpretation, execution or cancellation of the Contract and any consequences thereof are governed by French law and construed in accordance therewith.
The Contract is written in French. In the event that it is translated into one or more languages, only the French text will be legally binding in the event of a dispute.
The resolution of any dispute or disagreement regarding the validity, interpretation, execution or cancellation of the Contract and any consequences will be subject to the exclusive competence of the jurisdictions of the Court of Appeal in PARIS, even in the event of emergency interim proceedings, incidental claims, warranty claims or multiple defendants.
Last updates: 31/05/18