General Terms and Conditions of Sale
The purpose of the present General Terms and Conditions of Sale ("GTCS") is to govern the relationship between FLEAMARKET PARIS, a division of ONE ARTY MINUTE SAS and the Subscribers of the FLEAMARKET.PARIS platform, as well as between the Subscriber-Sellers and the Buyers of Antique and Decorative Products on the FLEAMARKET.PARIS platform.
ONE ARTY MINUTE SAS.
One Arty Minute SAS is a SAS with a capital of 198 000 € domiciled in France at 109 cours de Vincennes in Paris. Through its FleaMarket.paris division, One Arty Minute SAS offers to Sell-Subscribers to market Antique and Decorative Products to potential Buyers. In case of sale of a Product, the sale contract is made directly between the Buyer and the Seller-Subscriber according to the general conditions of use (CGU) and the conditions of sale (CGV).
By Subscriber-Seller, we mean any member of the FleaMarket.Paris community having subscribed to One Arty Minute SAS in order to sell a Product on the FleaMarket.Paris marketplace. A Subscriber-Seller can be an antique dealer, a designer, an artist or an art craftsman.
By Products, we mean antique furniture, antiques, vintage design pieces, creations, works or their derivatives.
2. Terms and conditions of use
3. Role of One Arty Minute
The role of FleaMarket.Pairs is limited to make available to the Subscribers-Sellers and Buyers the FleaMarket.Paris marketplace and to ensure its proper functioning. As such, One Arty Minute acts as an intermediary between Subscriber-Sellers and Buyers.
The Subscriber-Seller is defined as the Buyer's co-contractor for the purchase of Products and One Arty Minute, through FleaMarket.Paris cannot be held responsible for any fraud in the transactional process between the Subscriber-Seller and the Buyer. One Arty Minute shall not be held responsible for any false information or omissions provided by the Seller-Subscriber or the Buyer when using FleaMarket.Paris.
In the event of a dispute, One Arty Minute, through FleaMarket.Paris, may provide a mediation service without being forced to do so.
The Subscriber-Sellers presented on FleaMarket.Paris have been selected according to quality criteria and by creating a profile on FleaMarket.Paris.
One Arty Minute, through its FleaMarket.Paris marketplace, proceeds, at the beginning of its relationship with the Subscriber-Seller, to the creation of the Subscriber-Seller space and to the integration of the first visuals of products, their descriptions and prices. Subscriber-Sellers can then have access to their account to integrate data. One Arty Minute, through its FleaMarket.Paris marketplace, may refuse any Product that does not meet the criteria of propriety.
A Seller-Subscriber can cancel his registration and terminate his account at least 15 working days before the end of the contract. The Subscriber-Seller must inform One Arty Minute by e-mail at firstname.lastname@example.org or by registered mail addressed to One Arty Minute, 109 Cours de Vincennes 75020. No termination by any other means will be accepted for obvious security reasons. In case of termination, no refund of subscription will be granted to the Subscriber-Seller and any month started will remain due.
The Subscribers-Sellers presented on the FleaMarket.Paris have been selected according to quality criteria. One Arty Minute may refuse, without having to justify itself, any registration that does not correspond to the values that the marketplace wishes to convey.
The consultation of the FleaMarket.paris marketplace remains open to everyone. However, in order to protect minors, they are not allowed to make purchases on FleaMarket.paris.
6. Terms and conditions of sale
The Subscriber-Seller must accurately describe the Products it offers for sale. The Subscriber-Seller must also define the price and deliver them to the Buyer according to the terms and conditions defined between the Buyer and the Subscriber-Seller and the payment of the Value Added Tax (VAT) or import and export duties to the competent authorities.
It is the responsibility of the Buyer to determine the value of the Product, to estimate its condition and authenticity, to pay the purchase price to the Subscriber-Seller, including Value Added Tax (VAT) or import and export duties, and to define the shipping terms for the Products purchased.
One Arty Minute, through the FleaMarket.Paris marketplace, acts only as an intermediary. One Arty Minute SAS and its marketplace FleaMarket.Paris cannot be held responsible for the lacks or errors in the information and prices provided by a Seller-Subscriber during the diffusion of a Product on the marketplace.
One Arty Minute SAS, through its FleaMarket.Paris marketplace, shall not be held responsible for any failure or delay in the payment of the Products purchased by the Buyer. One Arty Minute SAS, through its FleaMarket.Paris marketplace, cannot be held responsible in the case of a purchase fraud.
All the Products offered on the FleaMarket.Paris marketplace are deemed to be for sale. However, it is possible that the Product is no longer available, either because this Product has been sold on another platform, or because it has been sold by the Subscriber-Seller in the physical store of the Subscriber-Seller.
FleaMarket Paris relies on the description of the Product provided by the Subscriber-Seller. The Products offered may need to be restored or may have been restored. One Arty Minute does not verify or guarantee the declared information or the authenticity of the items. However, the Buyer and One Arty Minute, via the FleaMarket marketplace, will be able to call upon the FleaMarket.Paris partner company of experts in case of doubt about the Product or, in case of a dispute.
In any case, the conclusion of the contract is subject to two essential conditions: that the Product is still available for sale and that the payment is made by the Buyer. Thus, in the event that several buyers request the purchase of the same Product, it is up to the Seller to inform the other Buyers that the Product is no longer available for sale. In the case of a Product marketed in quantity - multiple, work, etc. - the Seller is responsible for the quality of the Product. In the case of a Product sold in quantity - multiple, work, etc. In the case of a Product marketed in quantity - multiple, work, etc. - it will be available until the available stock is exhausted.
Confirmation of the availability of the Product immediately confirms the conclusion of the sales contract between the Buyer and the Seller: the Buyer must then undertake to proceed with the payment of the Product and the Seller undertakes to deliver this Product within the time limits that they agree and specify together.
The Buyer, when purchasing a Product, provides valid payment information to One Arty Minute via its FleaMarket.Paris platform to cover the total purchase price. This purchase price includes the final price of the Product, applicable shipping costs and taxes, whatever they may be.
7. Payment of Products
The creation of the shopping cart and the validation of the order confirm the creation of a sales contract between the Buyer and the Seller-Subscriber. The Buyer commits to pay the total amount due and authorizes One Arty Minute through the FleaMarket.Paris marketplace to debit his/her credit card for the total amount agreed upon by the Buyer and the Seller-Subscriber.
The Buyer is then obliged to pay all the taxes related to the sale, the import or export taxes, the Value Added Tax (VAT) and all the other taxes he has to pay to the tax authorities of his country. Any omission by Subscriber-Seller in this regard shall not relieve Buyer of its obligations. In the event of exemption, it is the responsibility of the Buyer to make the necessary arrangements with the authorities in his country.
8. Shipment of the purchased Products
There are several possibilities. The Buyer is free to organize the shipment himself or to ask for the handing-over of the Product. He may also hire a company to ensure the packaging, crating, shipping and insurance of the Product. The service provider in charge of this service then becomes a service provider of the Buyer and the Buyer then becomes solely responsible for all shipping costs which he pays directly to his service provider.
The Buyer may also delegate to the Subscriber-Seller the organization of the packaging, crating, insurance of the Product and its door to door shipment. Buyer and Seller will agree upon the terms and conditions of shipment and Buyer must pay all shipping charges prior to shipment.
When they do not require major shipping constraints, some Products, generally of small size, may be eligible for free shipping.
One Arty Minute and its marketplace FleaMarket.Paris cannot be held responsible for the import or export conditions of a Product from one country to another. Some materials being subject to specific regulations depending on the country, it is the Buyer's responsibility to import the Products presented on the FleaMarket.Paris marketplace in his country.
9. Right of withdrawal
In accordance with the legal provisions in force, in the case of a purchase made from a Seller established in the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he/she is a citizen of this area, has a period of 14 days from the date of receipt of the Product(s) ordered to exercise his/her right of withdrawal from the said Subscriber-Seller, without having to justify his/her reasons or to pay any penalty.
For any purchase made from a Seller who is not a member of the European Economic Area or if the Buyer is not a citizen of this area, this right of withdrawal is not applicable.
The Buyer exercises his right of withdrawal directly to FleaMarket.Paris by sending an email to email@example.com. FleaMarket.Paris will then inform the Seller by email. The Seller will then make its personal business of the resolution of the dispute with the Buyer. The disputes will be settled directly between the Buyer and the Seller. The Seller will make its best efforts to resolve the dispute with the Buyer amicably. In case of exercising the right of withdrawal within the above-mentioned period, only the price of the purchased Product and the shipping costs will be reimbursed by FleaMarket.Paris, the return costs remaining at the expense of the Buyer. In all cases, the Product must be returned in perfect condition, in its original packaging and sent in the same conditions as when it was sent. The return costs are entirely at the Buyer's expense.
In general, the Seller is committed to providing a quality service to the Buyers. As such, any Buyer has the possibility to notify FleaMarket.Paris by email at firstname.lastname@example.org, within 21 days from the receipt of any Product, any claim concerning the ordered Products, according to the following criteria - Product not received: the Product was not received by the Buyer. - Non-conforming product: the product received does not correspond to the product ordered. - Damaged product: the product received is damaged or broken. In case of claim of a Buyer concerning a Product, as soon as the Subscriber-Seller is informed of the claim by sending an email via FleaMarket.Paris, the Subscriber-Seller will be responsible for resolving the dispute with the Buyer. The disputes are settled directly between the Buyer and the Seller.
The Subscriber-Seller will make its best efforts to resolve the dispute with the Buyer amicably. Depending on the case, the declared dispute will result in either the return of the Product ordered and the reimbursement of the Buyer by the Subscriber-Seller or the partial or total reimbursement of the Buyer only. In case of return of the Product by the Buyer, the Subscriber-Seller will reimburse the Buyer for the price of the Product, the shipping costs and the return costs. Seller will arrange for return shipping if necessary.
10. Personal data
All data collected as part of the service provided by FleaMarket.Paris are used by FleaMarket.Paris for the sole purpose of managing the negotiation between the Buyer and the Seller. Furthermore, FleaMarket.Paris does not keep the credit card data following a payment. The information and data of the Buyers related to the delivery are transmitted by FleaMarket.Paris to the Sellers in the only purpose to allow them to send the ordered Products. These data are not used for any other purpose. Each Subscriber-Seller has access to the personal data provided by the Buyers when placing their order. Subscriber-Sellers undertake to ensure the security of the personal data they keep for the purpose of executing and tracking orders. In case of difficulty concerning the treatment of these data, the Buyer and the Seller-Subscriber can contact FleaMarket.Paris directly.
If one or more stipulations of these GTC are held invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other stipulations will keep all their force and all their scope.
The present general conditions are subject to French law. Any dispute relating to their interpretation and/or their execution will be submitted to the French jurisdiction.