GENERAL CONDITIONS OF USE OF PREPPYSPORT.COM
The company PREPPY SPORT SASU, hereinafter Preppy Sport, with a share capital of 5,000 €, registered in the Saint-Malo Trade and Companies Register under number 805 277 852, identified under the intra-community VAT number FR68805277852, whose registered office is social is in Dinard (35800), 40 Avenue Georges V, manages the preppysport.com site accessible at the address http://www.preppysport.com (hereinafter the “Preppy Sport”).
Preppy Sport is a marketplace allowing buyers and sellers of high-end sports equipment to buy / sell their articles using an online interface ( www.preppysport.com ) ensuring and guaranteeing payment.
Preppy Sport acts as a trusted third party between the Buyer and the Seller. When a Buyer purchases a product, its payment is kept by Preppy Sport. This sum is then returned to the Seller when the Buyer has confirmed that he has received the item and that he is satisfied with it.
Article 1. Definitions of terms used
Preppy Sport: Marketplace allowing the connection between Buyers and Sellers of high-end sports equipment
Buyer: means a User of the preppysport.com site who wishes to buy or who has already purchased one or more Item (s)
User: designates a buyer or seller interested in the services offered by Preppy Sport
Seller: means a private or professional User (a multi-brand store or a own brand) offering one or more Item (s) for sale.
Announcement: means the offer to sell one or more Item (s) made by the Seller on Preppy Sport.
Article: concerns the sports equipment offered for sale by a Seller on the Site, which corresponds to the criteria defined in Article 4 of these General Conditions and which constitutes the object of the contract between the Seller and the Buyer.
Catalog: represents all the items offered for sale on preppysport.com by the same Seller.
Commission: means the remuneration received by Preppy Sport in return for the use of the Site by Users. This commission is set at 15% per item sold. The Preppy Sport commission is only taken when the sale has been made and the item has been received by the Buyer.
Delivery method: shipping must be done by Colissimo with tracking. It is possible to have your item delivered and to pick it up at the Preppy Sport premises located at 40 Avene George V 35800 Dinard.
Item Price: means the price offered by the Seller for the sale of his product. The Price of the Item includes the Preppy Sport Commission (15%) as well as the Shipping Costs.
Site: means the website managed by the company Preppy Sport accessible at the address http://www.preppysport.com .
Trusted Third Party: Preppy Sport acts as a Trusted Third Party between buyer and seller. When a user purchases a product, its payment is kept by Preppy Sport in an escrow account. This sum is paid to the seller when the buyer has confirmed that they have received the item and are satisfied with it. Preppy Sport thus guarantees the security of the payment and the transaction to the seller as well as the assurance of the delivery of the product ordered to the buyer.
Transaction: Amount including the price of the Item defined by the Seller (including the Preppy Sport commission himself) as well as the shipping costs.
Article 2. Opening an account
Registration for Preppy Sport is reserved for individual or professional Buyers and Sellers. Professional Users must imperatively send official documents proving their existence.
2.1 personal information
To register on Preppy Sport, the User will open an account using his email address. The User will provide complete and accurate information. Among the mandatory fields, the User must indicate his first name, last name, email address, password and date of birth.
He undertakes to regularly update his personal data in order to keep them true, exact and complete. He will be held solely responsible for the possible consequences of the failure to update this information.
In the event that the User provides false, inaccurate, outdated or incomplete information, Preppy Sport reserves the right to refuse him, immediately and for the future, access to all or part of the Preppy marketplace. Sport and to suspend or terminate its contractual engagement.
The password of each User is strictly personal, the User undertakes to keep it confidential. In the event that the User becomes aware that another person is accessing their account, they will inform Preppy Sport as soon as possible and will confirm this information by mail.
The User undertakes to register only under a single profile. Thus, he undertakes not to create or use other accounts than the one initially created, whether under his own identity or that of a third party. Any deviation from this rule must be the subject of an explicit request from the User and an express, prior and specific authorization from Preppy Sport. The fact of creating or using new accounts under their own identity or that of a third party without having requested and obtained the authorization of Preppy Sport may result in the immediate suspension of the User's accounts and all associated services.
When an item is sold, the Buyer accepts that his information allowing the correct delivery of the product such as his name, first name, his delivery address be sent to the Seller. Users undertake to keep this information confidential and not to disclose it. They undertake not to infringe the respect for the privacy of other Users and not to send them any message, object, documentation, particularly advertising, by any means whatsoever (in particular by post, telephone or electronic).
2.2 Rules of conduct
The User undertakes to contact a Seller only in the event of a real interest in the product offered for sale. The User undertakes not to come into direct contact with other Users outside the question area provided for this purpose on Preppy Sport. A sale made outside the Preppy Sport site cannot hold the site responsible in the event of a dispute.
The User undertakes not to use on Preppy Sport, in particular through the description of the articles, any remarks contrary to good morals, abusive, defamatory or liable to damage the reputation of other Users. In the event of non-compliance with this obligation, Preppy Sport reserves the right to suspend the User's account without prior notification. In the event of a repeat offense, Preppy Sport reserves the right to definitively close the User's account.
The User refrains from publishing photographs whose content would be inappropriate (nudity, violence, etc.). Preppy Sport reserves the right to remove any content deemed inappropriate and also to delete User accounts in certain cases.
Article 3: protection of personal data
3.1. Preppy Sport undertakes not to infringe the privacy of Preppy Sport Users and the confidentiality of the information provided.
The User can communicate his landline and mobile phone numbers as well as the information contained on his RIB and other optional information. The mandatory or optional nature of the data to be provided is indicated when they are collected by an asterisk.
This personal information will be required when registering on the site, updating the Personal Information page, when buying or selling an Item, when browsing Preppy Sport and when viewing Catalog items or contact with Customer Service.
When registering for Preppy Sport, the User may choose to receive offers, in particular commercial offers, sent by Preppy Sport and / or its partners.
Under no circumstances will the User's postal address be communicated to another User except in the case of Purchase of an Item.
Preppy Sport files are declared to the National Commission for Computing and Liberties (CNIL) under number 1813043v0.
3.2. In accordance with the “Informatique et Libertés” law n ° 78-17 of January 6, 1978, the User may at any time access the personal information concerning him that he has communicated to Preppy Sport, and / or request its rectification, on supplement, clarification, update or deletion by contacting Customer Service via the Contact us section or by simple letter (Preppy Sport, 40 Avenue George V 35800 Dinard), indicating his name, first name, date and place of birth, postal address and e-mail address.
3.3. The User accepts that Preppy Sport keeps all documents, information and records concerning his activity on the Site.
3.4. The User accepts that Preppy Sport can retouch the photos of the articles that he has put online in order to optimize their visibility. The User also accepts that Preppy Sport communicates on certain items that he has put on sale. This always with the aim of facilitating and accelerating the sale of his / her products.
Article 4 - Role, rights and obligations of Preppy Sport
4.1. Linking role of Sellers and Buyers
Preppy Sport undertakes to provide Users with organizational and functional tools to enable them to put Sellers and Buyers in touch with each other and allow them, if necessary, to complete a sale of Products.
Preppy Sport provides the Seller with a tool for publishing and distributing its sales offers on the Preppy Sport marketplace. This tool allows the Seller to post advertisements for the sale of Products, describing their characteristics.
Consequently, Preppy Sport is in no way a reseller of the Products, never has the Products offered for sale unless otherwise stated, makes no warranty as to their characteristics, their state of wear, their working condition, and more generally. cannot guarantee that Seller's Product will satisfy Buyer, that it will not be returned or that the sale will not be canceled by Buyer.
4.2. Trusted third party
Preppy Sport is expressly authorized by the Seller to collect the Transaction Price in the name and on behalf of the Seller by means of the secure electronic payment system set up on the Preppy Sport marketplace. The secure payment system is B2Bill, a brand belonging to Rentabiliweb Europe Etablissement de Paiement, a simplified joint-stock company registered in the Nanterre Trade and Companies Register under number 443 222 682.
4.3. Availability of www.preppysport.com
The company Preppy Sport in no way guarantees the availability of the service in the event of technical incidents on the Internet network or malfunctions of the telephone connections.
Preppy Sport does not in any way guarantee the speed of access to the Preppy Sport marketplace from other sites around the world.
As part of the maintenance of its site, Preppy Sport reserves the right to temporarily interrupt its services.
In the event of inaccessibility of the service due to technical malfunctions within the remit of Preppy Sport or its usual subcontractors, Preppy Sport will make its best efforts to find an answer to the problems revealed by the User.
The responsibility of the company Preppy Sport cannot be engaged:
- if its server is unavailable for reasons of force majeure such as in particular long-term failures of the public electricity distribution network, strikes, riots, wars, storms, earthquakes, failures of the public telecommunications network, loss of connectivity Internet due to public and private operators on which Preppy Sport depends;
- for any technical reason which would result in the loss of Content stored or being downloaded on the server of the company Preppy Sport.
It is indeed the Users' responsibility to keep a personal copy of the Content published.
Article 5. Role, rights and obligations of the Seller
5.1. General provisions for the sale of a product
The Seller undertakes that any Item put up for sale corresponds to an immediately available material good of which he has full ownership and capacity to sell. The Seller undertakes that the Articles do not contain any visible stain, hole, tear or indelible mark. In the event that such items are returned to our premises, they will be deemed non-compliant by our quality control team and the sale cannot be made. The Shipping costs associated with their reshipment would be the responsibility of the Seller.
The Seller also undertakes to keep his inventory up to date.
In his capacity as a Professional Seller, he undertakes, at the first request of Preppy Sport, to provide him with any proof related to his professional activity. Failing to obtain these supporting documents, Preppy Sport reserves the right to immediately suspend the account of the Professional Seller.
The Seller undertakes to inform the Buyers of the essential characteristics of the Item. He is solely responsible for the description of the goods he offers for sale. It guarantees Preppy Sport from any claim relating to the content and form of said description if it were to be incorrect. The Seller undertakes to carry out all validations, verifications and to provide all necessary details so that the description and the elements of the offer are accurate and do not mislead the Buyer.
The Seller undertakes not to insert in the advertisement any links the object or effect of which is to refer users of the Preppy Sport marketplace to content located outside the Preppy Sport site. The Seller refrains from inserting any link pointing to his own website (if it is a professional seller), to his e-mail address or, more generally, refrains from inserting any advertising ( banner, commercial link, etc.) for the benefit or the profit of any site or any content that is not hosted on the Preppy Sport site.
5.2. Sales bans
The Seller undertakes that the Articles are perfectly in accordance with public order, good morals, the law in force in France, as well as the rights of third parties and that they are not likely to offend the sensitivity of minors.
Preppy Sport reserves the right to request for proof of good faith an invoice proving the ownership of the Item posted by the Seller or additional photographs on his Item.
The Seller undertakes that any article concerning the maintenance of the equipment or the maintenance of the horse put up for sale corresponds to an unopened product in its original packaging.
The Seller undertakes to ensure that any item concerning safety (helmets, back protection) offered for sale corresponds to a new product. Preppy Sport reserves the right to remove an advertisement if it does not respect these present General Conditions of Sale.
5.3. Announcement changes
Preppy Sport reserves the right to ask a Seller to modify and / or delete his Advert and / or to do so directly, in particular if the Seller has not published his Advert in the appropriate category or if the 'Ad does not correspond to the product offered for sale.
The Seller undertakes to only publish photos of the Items that he himself has taken. Preppy Sport reserves the right to remove from its site any photo that has not been taken by the Seller.
5.4. Determination of the sale price
The Seller determines the Sale Price of the Item under his sole responsibility. Preppy Sport draws the Seller's attention in particular to the fact that it is his responsibility not to set a price that is too high, in the interest of concluding a sale.
The Seller may indicate the New Selling Price. If the Seller does not know the exact selling price in store, he can indicate his best estimate. This Price corresponds to an indication of the price at which the seller declares to have bought the Item he is offering for sale second-hand. The User is warned that this New Sale Price has not been verified by Preppy Sport.
5.5 Request for additional information from a Buyer
When a Buyer is interested in an offer to sell a product, the Seller will receive a request for additional information by email.
The Seller undertakes never to offer a direct sale to the Buyer. If, however, such a sale should be made, Preppy Sport reserves the right to suspend the account of the Seller and the Buyer. In addition, Preppy Sport cannot then guarantee either the payment or the correct shipment of the items ordered.
Article 6. Role, rights and obligations of the Buyer
The Buyer agrees to personally purchase the Items offered on Preppy Sport. A Professional Purchaser undertakes to provide any proof related to his professional activity upon request from Preppy Sport. Failing to obtain these supporting documents, Preppy Sport reserves the right to immediately suspend the account of the Professional Purchaser.
6.1 Purchaser information
The Buyer expressly acknowledges that his acceptance of an offer to sell depends on the Seller's description on the Preppy Sport marketplace of the Product (s) offered for sale.
The Purchaser expressly acknowledges that the sales contract is concluded under the resolutive condition that the Product ordered is available. The confirmation of the availability of the Product by the Seller entails the lifting of the resolutive condition. In the event that the availability of the Product is invalidated, the sales contract concluded between the Buyer and the Seller is automatically and immediately terminated (canceled) and the obligations of each of the parties are automatically revoked. It is specified that in the event of a sales contract relating to several Products, only the sales contract relating to the unavailable Product will be terminated.
6.2 Request for additional information
Preppy Sport provides the Buyer with computer tools enabling him to make a request to the Seller for additional information in addition to the description of the Item.
The Buyer undertakes never to offer a direct sale to a Seller. If, however, such a sale should be made, Preppy Sport reserves the right to suspend the account of the Seller and the Buyer. In addition, Preppy Sport cannot then guarantee either the payment or the correct shipment of the items ordered.
Article 7. Conclusion of a sale
7.1. Conclusion of the sale / Placing of the order
7.1.1. To confirm his order, the Buyer must pay the price of the Transaction.
7.1.2 Preppy Sport notifies the Seller of the Buyer's Purchase Offer by email.
The Seller undertakes to confirm or reject his offer to sell within 96 hours of receiving the email from Preppy Sport informing him that the Item he has put up for sale on the Site has found a buyer.
The Seller can accept the Purchase Offer by consulting his Account on Preppy Sport. Its acceptance is firm and irrevocable. From the acceptance of the Seller, the sale is concluded and deemed perfect.
Failure to respond after the 96-hour period will invalidate the offer to sell, and the sales contract will not be concluded. The Buyer's order is then canceled, and no debit from the Buyer's bank card will take place.
7.1.3. The Purchase Offers made by the Buyer are independent of each other. If one or more of the Offers to Purchase has or have not been accepted by the Seller (s) concerned, the other Offers to Purchase of the Buyer shall not be not lapsed and bind the Buyer.
7.2. Order payment
7.2.1. Cash payment
The Buyer can pay:
- by Credit Card via the secure Be2Bill portal
- Wire Transfer
Preppy Sport reserves the right to ask the Purchaser for proof of identity (copy of identity card and / or proof of address). Pending receipt of these documents, Preppy Sport reserves the right to suspend an order.
Preppy Sport cannot be held responsible in the event of fraudulent use of the means of payment used by Credit Card via the secure Be2Bill portal.
A collection of information from the Purchaser of the bank card is ensured by Be2Bill duly approved by the Banque de France as a PCISS body. This information is saved in any case with the Buyer's consent, on the Be2Bill server. In the event that when placing a new order, one or more of the personal information were to be modified on the Be2Bill server (postal address, email ...), the saving of this banking information would no longer be effective.
In any case, Be2Bill does not store or have access to the bank details of Buyers.
7.2.2. Content of payment
The amount paid by the Buyer includes:
- the Price of the Item determined by the Seller, including the Preppy Sport commission
- Shipping costs set by Preppy Sport according to Colissimo and Mondial Relay rates.
The amount of Shipping Charges paid by the Buyer will vary depending on the item purchased.
The Buyer is debited for the amount of the Item ordered when the Seller confirms the availability of the Item. If the Buyer does not receive the Item or is not satisfied with it, his bank account will be credited.
La Poste's rates for shipping goods are calculated according to the weight of the package, To view them, please click on the link below:
http://www.laposte.fr/Particulier/Consurez-nos-tarifs/Tarifs-Colis
Mondial Relay's rates for shipping goods are calculated based on the weight of the package, To view them, please click on the link below:
http://www.mondialrelay.fr/envoi-de-colis/première-visite-/
7.3. Item delivery
When shipping the Item, the Seller undertakes to send the Item properly packaged and in such a way that the Item cannot be impacted during transport. The Seller must retain proof of shipment of the package for one month following the date of shipment.
7.3.1. Delivery to the Buyer
Once the Buyer has accepted the Seller's offer, the latter has confirmed the availability of the Item that is the subject of the offer and Preppy Sport has cashed the payment for the Buyer's Transaction Price, Preppy Sport will communicate the Buyer's contact details to the Seller so that he can proceed with the delivery of the Item.
The Seller is solely responsible for the proper performance of the obligation to deliver the Item ordered. The Seller undertakes to send the Item suitably packaged within 72 hours of the date of communication of the buyer's address and to indicate the Colissimo or Mondial Relay tracking number in the space reserved for this purpose. on the site. In the event of non-compliance by the Seller with the shipping conditions expressed here, Preppy Sport will examine on a case-by-case basis any problems encountered during a transaction within a period of 15 days.
In order to reduce the risks during delivery, and to allow the Buyer and the Seller to follow the shipment of the Item, the shipment must be done by Colissimo with tracking or by Mondial Relay. It is the Seller's responsibility to take out any insurance to cover the risks associated with the transport of the product (s) ordered.
The Seller must retain proof of shipment of the package for one month following the date of shipment.
7.3.2. Delivery to Preppy Sport
In the event that the Purchaser wishes delivery to the premises of Preppy Sport, the Item (s) must then be sent directly to the premises of Preppy Sport located at 40 Avenue George V 35800 Dinard. To do this, a prepaid voucher will be sent to the Seller by email.
7.4. Receipt of the Item
Upon receipt of the Product (s) ordered, the Purchaser undertakes to confirm through customer service at Preppy Sport within 4 (four) working days the conformity of the product (s). Failing this, the Buyer will file a complaint within the same period using customer service.
Failure to declare the good conformity of the products ordered or to have filed a complaint on the Preppy Sport marketplace within 4 (four) working days of receipt of the order, the transaction is deemed to be perfect. The transaction is also deemed to be perfect upon confirmation by the Purchaser of the correct conformity of the Products ordered.
The amount of the transaction less Preppy Sport fees will thus be returned to the Seller.
Article 8. Financial conditions
8.1. Vendor's Payment
The Seller authorizes Preppy Sport to collect, in its name and on its behalf, the Transaction Price through the secure electronic payment system set up on the Site (here the Be2Bill interface) or by any other means, which would later be implemented by Preppy Sport.
8.2 Remuneration of Preppy Sport
The Commission invoiced to the Seller by Preppy Sport for each sale is equal to 15% of the price including tax. Shipping costs are not included in the basis of calculation of the Commission. For Professional Sellers, Preppy Sport will add VAT at the rate in force to the amount of Commission deducted.
The Preppy Sport commission is due to the Seller only in the event of delivery of the Product (s) ordered and in the absence of cancellation of the sale, for any reason whatsoever.
8.3 Payment of the transaction amount
Preppy Sport will pay the Transaction Price, less the Commission (15% of the Transaction price) and the shipping costs paid by the buyer, into the Seller's bank account during:
- upon confirmation of receipt of the Item by the Buyer via PreppySport .
- In the absence of confirmation of receipt by the Buyer, 10 days after receipt of the Item by the Buyer.
The Seller immediately waives any claim concerning the sums possibly produced by the immobilization of the sums collected in his name and on his behalf by Preppy Sport on the occasion of a sale.
Article 9. Money Back Guarantee
Preppy Sport offers its Buyers a satisfied or refunded guarantee.
The return of an article allowing to benefit from a Satisfied or Refunded guarantee is only allowed under these different conditions:
9.1 Item not corresponding to the advertisement
The Item does not correspond to the Advert posted by the Seller. The Buyer must inform Preppy Sport of this within 48 hours of receipt of the Item, after this period the Satisfied or Refunded guarantee will no longer be applicable.
The Purchaser must return the Item, by Colissimo with tracking or Mondial Relay, at his expense to the premises of Preppy Sport. The return of the article is made under the responsibility of the Buyer.
After study by Preppy Sport, if the Item does not correspond to the description, the Buyer will be reimbursed for the price of the Item he has paid and the shipping costs will remain the responsibility of the Seller. The refund will be made by crediting the Buyer's bank card.
In any event, the Buyer's reimbursement will be made within seven days from the date of receipt of the Item by Preppy Sport.
In the event that the Buyer returns the Item directly to the Seller, the Shipping Costs will be automatically reimbursed to the Seller, Preppy Sport being unable to carry out any checks on the returned Item.
9.2 Buyer dissatisfied for his own reasons
In the event that a Buyer has made a mistake in purchasing an Item: size, color or other.
He must return the Item to the Seller at its own expense by Colissimo with tracking or Mondial Relay. The return of the Item is the responsibility of the Buyer.
As soon as the Seller has informed Preppy Sport of the good reception of his returned Item, Preppy Sport will reimburse the shipping costs to the Seller and the Price of the Item to the Buyer within 7 days.
In the event that the Seller does not come forward, Preppy Sport will validate receipt of the Item and refund the Price of the Item to the Buyer.
Reimbursement will be made by crediting the Buyer's bank card.
Article 10 Right of withdrawal
10.1 The Buyer has a period of 14 clear days from the effective delivery of the Item to retract and an additional 14 days to return the Item to the Professional Seller.
10.2 The costs incurred for the return of the Item are the sole responsibility of the Buyer.
10.3 Reimbursement will be made by crediting the Buyer's bank card.
Article 11. Intellectual property
11.1 The company Preppy Sport owns all intellectual property rights on the general architecture as well as on all the graphic elements decorating the architecture of the Website www.preppysport.com
Consequently, Users are expressly prohibited from reproducing, by copy or imitation, all or part of the said website, by any means whatsoever and for any reason whatsoever, without authorization from Preppy Sport.
Likewise, Users are prohibited from removing copyright or other Intellectual Property rights notices from the Preppy Sport site. Users are only authorized to make one copy of the Internet pages of the Preppy Sport site for their private, personal and non-commercial use, provided that the copies of these web pages retain the notices of copyright or other Property rights. Intellectual.
In addition, Users authorize Preppy Sport to reproduce and represent their content, and adapt the format if necessary, as part of the functionalities making it possible to make the Preppy Sport marketplace accessible via the Internet and / or other media of electronic communications.
Article 12. Dispute
These T & Cs are governed exclusively by French law, even if the Users are of foreign nationality and / or the Contract is executed in whole or in part abroad.
All disputes to which the T & Cs could give rise, in particular regarding their validity, their interpretation, their execution, which could not be found within THIRTY (30) days, an amicable solution between the parties, will be of the exclusive jurisdiction of the competent French court.
Article 13. General Provisions
13.1 Modification of the T & Cs
Preppy Sport reserves the right to modify these T & Cs at any time.
The new T & Cs will then apply as soon as they have been notified by Preppy Sport to Users, regardless of the means of notification that will be chosen.
13.2. Disjunction
If certain clauses of these T & Cs were for any reason declared illegal or not executable, said illegalities or impossibilities of execution would not affect the other clauses of the contract.
This contract is written in French.
13.4 Geographical area
The online sale of the products presented on the Preppy Sport site is reserved for Buyers residing only in metropolitan France.
