Terms of contract

CONTRACTUAL CONDITIONS

  

TITLE I – GENERAL AND COMMON PROVISIONS

 

Article 1 - Introduction

The address http://www.troc.com is a website accessible via the Internet published by the Company TROC, S.A.S. or Société à Actions Simplifiée [a simplified joint stock company pursuant to French law] with capital of € 62,800 recorded in the Nimes Trade Register under the number B 442 421 582, whose registered office is located at 2 rue des Alizés in 30133 LES ANGLES, offering remote and e-services.

These contractual conditions define:

- The conditions and terms according to which the Stores offer sundry Articles for sale via the Internet;

- the conditions and terms according to which the Users may buy on www.troc.com;

- the conditions and terms according to which the Advertisers post ads for their personal needs on the Troc.com site

The parties agree that this contract is subject to French law. In the event of any dispute on the interpretation or implementation of these conditions and after failure of all attempts to find an amicable solution, specific competence is attributed to French courts.

For any complaint, the User must send a letter or an email to webmaster@troc.com

 

Article 2 - Definitions

The following terms and expressions have, unless specified otherwise, the meaning that is given to them below, regardless of whether they appear with a capital or small first letter or whether they are in the singular or plural, in these contractual conditions or in any other document from the various companies in the group and/or from the Store relating to the purpose of the contractual conditions.

-          User: the natural person or legal entity that is identified and registered on the www.troc.com site in order to purchase one or more Articles on the site and to use the site’s services that require registration. If the User is a natural person, to be able to conclude a sale he/she must be over the age of 18 years and have the capacity to possess rights and be bound by obligations. If he/she is under 18 years of age, the User must have been declared of full age.

-          Seller: a natural person or legal entity that has put for sale Articles that he/she wishes to sell on the www.troc.com site.

-Buyer: a natural person or legal entity that has placed an order on the www.troc.com site.

-Advertiser: a natural person who has drafted an ad to post on the www.troc.com site.

-Article: refers to a material object that is put for sale by a Seller on the site

-Commission: refers to the sum received by the Store in compensation for its role as the Seller’s Authorized Representative. Its method of calculation is determined in these contractual conditions.

-Access provider: TROC SAS (recorded in the Nimes trade register under the number 442 421 582)

-Delivery costs: refers to transport costs

-Management costs: refers to a sum of money received by the Store defined all-inclusively according to the characteristics of the sold Article

-Store: Establishment under the Troc.com banner where Articles put for sale by the Sellers are sold

-Purchase price: refers to the price of the Article on the date of its purchase

-Selling price: refers to the price of the Article determined by the Seller on the date when it is put for sale

-Overall price: refers to the price of the Article paid by the Buyer. It consists of the purchase price, plus the delivery and management costs.

-Retrocession: means the sum paid to a Seller by the Store at the end of a sale, the amount of which is equal to the purchase price less the commission.

 -Site: means the e-commerce site published by TROC S.A.S. and accessible via the Internet at the address http://www.troc.com

-TROC.COM: Filed trademark, the property of TROC DE L’ILE SA (siret business registration number 401 262 944 000 10)

 

Article 3 – Purpose of the contract

Since the site proposes second-hand articles (unless indicated otherwise) for sale, the User is required to be particularly vigilant when making a Purchase. 

The purpose of this contract is to define:

- the conditions and terms according to which the Store proposes for sale via the Internet Articles put for sale by the Sellers. The Store’s services are subject to these contractual conditions that take precedence over any other stipulation made by the User. 

- the conditions and terms according to which the Advertisers post ads on the Troc.com site for their personal needs.

Moreover, these contractual conditions are to inform any User on the conditions in which the Store facilitates the sale of objects put for sale by the Sellers.

The fact that a User clicks on an icon allowing him/her to read these contractual conditions and then to tick the box entitled “I accept these contractual conditions” is valid as irrevocable and definitive consent by him/her concerning all the provisions contained in the contractual conditions.

Any order placed by the Buyer, any putting for sale by the Seller or any online posting by the Advertiser implies the acceptance by each, without restriction or reserve, of these contractual conditions.

 

Article 4 - Registration

 

There is no charge for registering on the site. Only Users registered on the site may make a purchase offer and conclude an online sale.

Registration on the site is subject to the following cumulative conditions:

- The User must provide his/her telephone number, email address and a postal address to which, notably, the Articles that he/she may buy will be sent.  The User undertakes to provide the Store with current, full and accurate information and to keep his/her personal particulars updated. Any modification to his/her personal particulars must, therefore, be notified to the Store, notably in the case of a change in postal address or email address. Failing this, the User shall bear the consequences.

- The Advertiser undertakes not to use in the information, constituted by his/her description of the Article offered for sale, elements that could infringe public policy, accepted standards of good behaviour, the rights of third parties or that could be disturbing for minors.

- the advertisers also undertakes not to publish their personal particulars nor to carry out any advertising for other commercial websites.

 

The User, when registering on the site, acknowledges to fulfil all these cumulative conditions, the access provider reserving the right to request the User for any written document providing evidence of their situation.

For the User, the validation of the online registration conditions and terms implies the acceptance of all these contractual conditions.

At the end of the registration formalities, an account is opened in the name of the registered User who shall have previously chosen an email address as login and a confidential password.  This account is accessible by the User by inputting his/her login and confidential password.

The login and confidential password are strictly personal and confidential. The User registered on the site undertakes not to communicate these. The User is the sole liable in the case of the conclusion of a sale/sales, even without his/her knowledge, by a person using his/her login and confidential password and shall alone bear the consequences.

The User undertakes to reveal any use by a third party of his/her login and/or confidential password as soon as he/she becomes aware of this.

The User undertakes not to create or use accounts other than the account initially created for him/her.

 

From the moment that an Article has been sold on the Site, the Buyer accepts that his/her surname and forename, and possibly his/her postal and email address are revealed to the Seller. Vice versa, after the conclusion of the sale, the Seller accepts that his/her surname and forename, and possibly his/her postal and email address are revealed to the Buyer on request with justification by the latter.

 

The Users undertake to treat this information as confidential and not to disclose it. They undertake not to invade the privacy of the other Users and not to send them any message, object and/or documentation, notably of an advertising nature, by any means whatsoever (notably by post, telephone or email).

In compliance with law 78-17 of 6 January 1978, the User may at any time access the personal information concerning him/her, which he/she has communicated to the Site, and/or request it to be rectified, additions, clarifications or updating to be made to it or for it to be deleted by email (webmaster@troc.com), fax (+ (33) (0)4 90 15 03) or letter by ordinary post (TROC SAS, 2, rue des Alizés 30133 LES ANGLES), indicating his/her surname, forename, date and place of birth, postal and email address and his/her login.  TROC S.A.S. has a time limit of one fortnight as of the User’s request to make the requested rectifications.

The User may oppose the use of the data collected in the TROC S.A.S. customer file and/or the dissemination of this data to third parties. Once registered on the Site, the User may exercise his/her right of opposition by email (webmaster@troc.com), fax (+ (33) (0)4 90 15 14 13) or letter by ordinary mail (TROC SAS, 2, rue des Alizés 30133 LES ANGLES), indicating his/her surname, forename, date and place of birth, postal and email address and login.

The User accepts that TROC S.A.S. retains all documents, information and recordings concerning his/her activity on the Site.

As an exception to the provisions of Article 1341 of the Civil Code, these documents, information and recordings shall be valid as evidence, notably, of the date and content of the Purchase Offer, the acceptance of the Purchase Offer, the contract of sale, the conclusion and performance of the contract of sale, whatever the amount involved.

For the User, the fact that he/she accesses the www.troc .com web server implies he/she accepts all these conditions.

 

TITLE II – CONTRACTUAL CONDITIONS APPLICABLE TO THE SELLER

 

 

Article 5 – Seller’s declarations

 

The Seller makes the undertaking that the Articles put for sale are not contrary to public policy, accepted standards of good behaviour, French law in force, the national law of his/her place of residence and the rights of third parties, and that they are not likely to be disturbing for minors.

 

The Seller is prohibited from directly or indirectly selling, through the intermediary of the Site notably, the list not being exhaustive:

- Articles directly or indirectly inciting racism, xenophobia, anti-Semitism, racial, sexual or religious discrimination, hate or violence,

- stolen Articles,

- Articles of a defamatory or injurious nature, or constituting an invasion of privacy or an offence against the honour or reputation of others,

- Articles infringing intellectual property rights (notably, counterfeit goods, counterfeit digital files, prohibited copies of audio or video recordings), 

- Articles that do not meet the standards applicable to them,

- Articles whose Sale is prohibited by regulations in force (animal fur, ivory, alcohol, etc.).

 

The Seller undertakes to inform the site as soon as he/she becomes aware that the sale of an Article put for sale is prohibited, as indicated above.

 

The Seller makes the undertaking that the Articles put for sale are

 

- listed in one of the categories of Articles indicated on the Site, 

- in his/her possession. The Seller is prohibited from selling Articles which he/she does not fully own and/or which he/she may not freely dispose of.

  

Article 6 – Conclusion of the contract

The Seller is bound as of the moment that he/she has validated that the Article is put for sale by clicking on the icon “I put for sale” on the screen.

Any putting for sale implies the prior acceptance by the Seller of these conditions.

In all cases, the Seller must confirm the online posting which comprises brief summary of the Article put for sale, a precise description and a photograph of the Article, and the price.

This confirmation shall be effective when the Seller has clicked on the “validate” icon on the screen.

The contract shall therefore only be concluded when the Seller has clicked a first time to put the Article for sale and a second time to confirm this after having had the possibility of accessing the content of his/her online posting and, if appropriate, after having modified it before confirming it.

An acknowledgement of receipt of the online posting shall be sent promptly to the Seller by email.

The information provided by the Seller is binding on him/her and the Store shall not be liable for any error in the wording of his/her online posting.

The online posting may be interrupted at any time on the initiative of the store and/or the access provider if it emerges that the Article does not meet the criteria defined in article 5 or is not in compliance with the description that the seller has made.

The Seller shall be promptly informed of this by email.

It is recommended that the Seller should keep the information provided on a computerized document or as a hard copy.

 

Article 7 – Term and end of the contract

The contract is concluded for an initial term of 90 days. It ends automatically after the sale of the Article.

After the time limit of 90 days has expired, the non-sold Article is withdrawn from sale.

 

Article 8 – Selling price

The selling price of the Articles is determined by the Seller on the day when the contract is concluded (D day).

 

 

TITLE II – CONTRACTUAL CONDITIONS APPLICABLE TO THE BUYER

 

 

Article 12 – Declarations of the Buyer

The Buyer is prohibited from directly or indirectly buying the following through the intermediary of the Site, the list not being exhaustive:

 

-Articles directly or indirectly inciting racism, xenophobia, anti-Semitism, racial, sexual or religious discrimination, hate or violence,

- Articles that he/she knows have been stolen,

- Articles of a defamatory or injurious nature, or representing an invasion of privacy, an offence against the honour or reputation of others,

- Articles infringing intellectual property rights (counterfeit goods, counterfeit digital files, prohibited copies of audio or video recordings notably),

- Articles that do not meet the standards applicable to them,

-Articles whose Sale is prohibited by regulations in force (animal fur, ivory, alcohol, etc.).

 

The Buyer undertakes to inform TROC S.A.S as soon as he/she becomes aware that the sale of an Article put for sale is prohibited as indicated above.

 

 

Article 13 – Conclusion of the contract and proof of transactions

13.1 – Conclusion of the contract

Any order placed on the www.troc.com Site is binding on the Buyer when he/she has validated it by clicking on the icon “I order” displayed on the screen.

Any order implies the prior acceptance by the Buyer of these conditions.

In all cases, the Buyer must confirm his/her order the details of which (Article description, photograph, payment method and delivery method) and the total overall price including VAT is displayed on the screen, with any additional delivery costs. This confirmation shall be effective when the Seller has clicked on the “validate” icon on the screen.

The contract shall therefore only be concluded when the Buyer has clicked a first time to place the order and a second time to confirm it after having had the possibility of accessing the details of his/her order and the total overall price and having been able, if appropriate, to modify his/her order before confirming.

The information provided by the Buyer when placing his/her order is binding on him/her and the Store shall not be liable for any error in the wording of this or in the recipient’s address.

The data recorded by the payment system used by the Buyer constitutes the proof of all the financial transactions concluded between the Buyer, the Store and the relevant banking establishment.  

It is recommended that the Seller should keep the information provided on computerized document or as a hard copy.

 

13.2 – Performance of the contract

The purchase is made in the following conditions precedent:

-the availability of the Article in the store,

-the compliance of the bought Article with the description of the sold Article, its photograph and the use habitually expected of a similar object.

A confirmation email is sent to the Buyer.  It contains all useful information concerning the description of the Article, its price, withdrawal period conditions, the postal address and telephone number of the Store where the bought Article will be available and informs the Buyer that he/she has a time limit of 7 days as of the sending of the said email to collect the Article.

If the conditions precedent are not fulfilled, the Article is deemed unavailable and the sale becomes null and void.  The Store shall promptly inform the Buyer of this by email.

 

Article 14 - Price

The prices of the Articles are indicated and expressed in Euros, including VAT (for Switzerland the prices are expressed in Swiss francs). The Buyer must obtain information on the import duties or taxes applicable to the bought Articles for export and declares to deal with their declaration and payment.  The Buyer shall personally deal with the costs linked to exchange rates.

The overall Price includes the purchase price of the Article, plus the delivery and management costs. The delivery costs depend on the type of product.

Transport by a courier or removal service: for the courier service the rate is indicated on the product sheet; for the removal service, a quote request form is at your disposal on the product sheets when this is proposed. 

 

Article 15 – Payment of the Price – Secure Payment

 

The price is payable immediately on the confirmation of the order.

However, the transaction by a debit to the buyer’s account is deferred until the Article is collected from the Store by the Buyer or a transporter.

Payment is made by credit/debit card /visa, mastercard, carte bleue) in compliance with the general conditions of the SSL payment system.

In the event that the payment authorization is refused by the banking establishment, the order will simply be cancelled.

The credit card numbers are not, under any circumstances, communicated by the banking establishment which is the sole holder of these.

The online payment system of the www.troc.com Site is secure according to the SSL (Secure Socket Layer) procedure, all information relating to the credit/debit cards being encrypted.

 

Article 16 – Withdrawal right and period

The Buyer has a time limit of seven days to withdraw and return the Article in its original condition and packaging, without penalties apart from the costs of returning it.

The time limit runs as of receipt of the Article.

When the seven-day time limit expires on a Saturday, a Sunday, a public holiday or a non-working day, it is extended until the next working day.

The Store promptly refunds the Buyer and at the latest within thirty days of the date of withdrawal.

The withdrawal right may not be exercised for:

- the supply of goods made according to the Buyer’s specifications or clearly personalized, or which, due to their nature, may not be re-dispatched or are likely to rapidly deteriorate or expire;

- the supply of audio or video recordings or computer software when the seal has been broken by the Buyer;

- the supply of newspapers, periodicals or magazines. 

 

 

Article 17 – Collection and Delivery of the Articles - Failure

17.1. Collection from a store

If the Buyer has decided to take delivery himself/herself of the Article in the Store and if he/she does not respect the 7-day time limit applicable to him/her, the Store will send him/her a formal reminder by email. Eight days after the said formal reminder has been sent and produced no effect, the sale is automatically cancelled.

17.1. Articles whose weight is < 70g or whose volume is < 1m3: delivery by courier

the Store ensures the delivery of the Articles not requiring more than one person for their handling, whose weight is less than 70 kg or whose volume is less than 1 m3.

The Article is delivered within thirty days of the day when the Buyer placed his/her order, under threat of cancellation of the contract and refund of the amounts paid.

The Articles are delivered to the ground-floor door, by appointment, give or take an hour, to the address indicated by the Buyer without being put into service.

If the Buyer is absent at the time of the delivery, the Articles are held at the disposal of the Buyer (upon presentation of an identity card, passport or similar proof of identity) during a period of 7 working days on the platform of the transporter indicated on the delivery slip placed in the letter box; after this time limit, the Articles are returned to the Store.  The Buyer is then refunded, with the exception of the carriage costs that remain payable by him. 

During the delivery, the Buyer is bound to protect all fragile floorings, parquet, marble, plastic, etc. No complaint is admissible in the case of damage. 

 

All deliveries must be checked with the transporter so that any trace of impact can be indicated on the delivery slip or so that the Article may be refused if the damage noted makes it necessary for the Article to be returned to the Store. 

The indication “received damaged parcel” must be indicated on the delivery slip; the formula “subject to unwrapping” has no legal value.

If damage is thus noted at the time of delivery, the Buyer must return the parcel to the transporter and has a time limit of 48 hours to confirm the noted damage to the Store by registered letter with request for acknowledgement of receipt.   In the case of return of the Article due to damage, the Store refunds the Buyer promptly. In any event, the amount of the compensation is limited to the overall price.

In the event of non-respect of the procedure described above, no request for compensation shall be taken into account, whether it concerns the refund of the transport costs or the refund of the purchased article. 

 

Any exceeding of the delivery time shall not lead to a refund of the price or the cancellation of the sale if the Article is delivered within thirty calendar days of the day when the Buyer placed his/her order.

This delivery method is ensured solely by the Stores that have concluded a contract with the transporter.

 

17.2 – Articles whose weight is > 70 kg or whose volume is > 1m3

 

Delivery of these Articles is ensured by an independent transporter.

 

17.3 – Large household appliances

 

The above delivery methods do not apply to articles falling into the category of large household appliances and the Buyer must personally organize their transport.

 

Article 18 - Guarantee

 

18.1 – Articles sold between two private individuals

 

The articles sold on the www.troc.com site are second-hand Articles, even if they may appear new, unless indicated otherwise.

 

These are objects sold between private individuals

 

It is for the Buyer to have each second-hand Article serviced and brought into conformity with safety standards in force before using it for the first time.

Since the Articles are sold between two private individuals, the Vendor’s guarantee only covers the following:

- The non-compliance of the Article with the specifications agreed between the Buyer and the Seller

- The non-compliance of the Article with the use for which it is normally intended.

The Store or TROC S.A.S. does not incur liability in either of these cases.

 

18.2 – Articles sold by the Store

When the Articles are sold by the Store, the latter is bound to deliver an object in compliance with the contract and it is answerable for defects in compliance existing on delivery in the conditions specified in articles L.211-4 and following of the French Consumer Code.

 

TITLE IV – CONTRACTUAL CONDITIONS APPLICABLE TO THE ADVERTISER

  

Article 20 – Declarations of the Advertiser

The Advertiser makes the undertaking that the Articles to which the Ad relates are not contrary to public policy, accepted standards of good behaviour, French law in force and the rights of third parties.

The Advertiser is prohibited from placing an ad as follows (the list not being exhaustive):

- an object that is stolen or counterfeited

- an object that does not comply with the standards applicable to it.

-an object whose Sale is prohibited by regulations in force,

-an object that falls into the category of firearms, hunting traps, explosives

-an object with a content of a pornographic nature or containing gratuitous nudity or violence.

-an object that belongs to a protected plant or animal species

- an object that does not correspond to the categories of Articles for which an Ad may be placed

-which solicits private donations or with a humanitarian object

-which is of a publicity type

-of the missing or wanted person type.

Taking into account the methods for publishing the ad, the Advertiser acknowledges not to be able to exercise the right to withdraw in application of article L.121-20-2 of the Consumer Code.

Any ad containing text (words, expressions, phrases, etc.), which appear contrary to laws in force, good behaviour, the spirit of the publication, or likely to disturb or shock readers shall be refused by Troc.com without this giving the advertiser any right to compensation.

Only the publication of an ad proposing the sale of original products is authorized.

We remind you that the sale of copies is considered to be counterfeiting and is punishable according to article L. 335-2 paragraph 2 of the Code of Intellectual Property by two years’ imprisonments and a fine of 300,000 Euros. 

 

Article 21 – The ad

Troc.com undertakes to do its utmost to ensure that the ads are put online on the date and for the period of publication chosen when the order is made online, insofar as the Ad fully respects the conditions set out herein.

The publication on troc.com of the ad without other services is free for the period of publication stipulated in article 24.

The Advertiser is bound from the moment that he/she had validated the posting online of his/her ad by clicking on the income “I put online” on the screen.

Any publication implies the prior acceptance by the Advertiser of these conditions.

In all cases, the Advertiser must confirm the wish to post the Ad online.

This confirmation shall be effective when the Advertiser has clicked on the “validate” icon on the screen.

The ad shall therefore only be valid when the Advertiser has clicked a first time to put it online and a second time to confirm it after having had the possibility of accessing the summary of his/her ad and, if appropriate, after having modified it before confirming it.

An acknowledgement of receipt of the posting online shall be sent promptly to the Advertiser by email.

The information provided by the Advertiser is binding on him and TROC S.A.S. waives all liability for any error in the wording of the Advertiser’s ad. 

It is recommended that the Advertiser should keep the information given on computerized document or as a hard copy.

 

Article 22 – Content of the Ad

 

An Ad may only be put online for Articles falling into the categories proposed by the Troc.com site.

The ad consists of a text of no more than 1,500 characters keyed in freely by the Advertiser and no more than five photos. No URL address may appear in the text of the ad.

The ads may comprise no more than five digital photos in jpeg format, no more than 1Mb per photo, for no extra charge.   TROC S.A.S. reserves the right to refuse them if they do not correspond to its technical criteria (jpeg format, no more than 1 Mb.

The photo(s) illustrating the ad must show the object to be sold and may not be used to illustrate several ads. It is prohibited to insert a logo as a photo attached to an ad.

Each ad must contain just one offer (notably just one object)

The Advertiser makes the undertaking that the comments drafted by him/her only concern the object to which the Ad relates.

The Advertiser is prohibited from using any terms or expressions of a defamatory nature, or invading privacy, constituting an offence against the honour or reputation of others, or directly or indirectly inciting racism, xenophobia, anti-Semitism, racial, sexual or religious discrimination, hate or violence.

The ads filed in France and Switzerland must be drafted in French (legal obligation imposed by law 94-345 of 4 August 1994).   When a foreign term has no equivalent in French, it must be explain as precisely as possible in order not to mislead the site user.

The ads filed in Belgium may be drafted in French or Flemish.

The ads filed in Spain must be drafted in Spanish.

The Advertiser is alone liable for the content of the classified ads that he/she requests to be published on the Troc.com site

TROC S.A.S. reserves the right to  replace, without being required to justify this, certain terms of the ad by abbreviations that are widely admitted and used, without, however, modifying the meaning of the ad. 

TROC S.A.S. reserves the right not to publish or definitively suspend the publication  of an ad whose content is contrary to its material or moral interests, or regulations in force (misleading advertising, message contrary to common decency, intellectual property, etc.)

Article 23 – Price of the services

The payment of the services linked to the ad are made:

- either online by credit/debit card /visa, mastercard, carte bleue) in compliance with the general conditions of the SSL payment system. In the event that the payment authorization is refused by the banking establishment, the order will simply be cancelled. The numbers of the credit cards are not, under any circumstances, communicated by the banking establishment which is the sole holder of these. The online payment system of the www.troc.com Site is secure according to the SSL (Secure Socket Layer) procedure, all information relating to the credit/debit cards being encrypted.

- or by phoning a number with a surcharge linked to a vocal service communicating a code, which, when it has been input on the site, instructs the ad to be posted online.

The services that are payable are:

Ad at the top of the list. Your ad kept at the top of the list for 14 days. Cost € 2

Ad highlighted. Display your ad in a special space on the first page for 10 days.  Cost € 2

Link in the ad. Add a link to the site of your choice (subject to validation by troc.com) while the ad is displayed online € 2.

Modification to an ad: You will be invoiced € 2 for any modification to an ad when it has been published. 

Following the posting of an ad online, the Advertiser receives an email confirming that it has been posted online and the list of subscribed services. 

  

Article 24 – Duration of the Publication - Term and end of the contract

The ad will be published for an initial period of 90 days as of the day when it is posted online.

The advertiser may at any time suspend the publication of his/her ad directly from the ad itself by making himself/herself known on the site by his/her email address and password.

TROC S.A.S. reserve the right to suspend at any time, without notice or indemnity, temporarily or definitively, the publication of the ads in the case of non-respect of these contractual conditions or if the actions of the Advertiser are likely to cause its liability to be incurred or endanger the proper functioning of the Site, or in the case of clear fraud or disloyalty. 

In such events, the price paid by the Advertiser for the associated services shall not be refunded.