YOUR RIGHTS AND OBLIGATIONS AS A USER OF THE MARKETPLACE
By using our Marketplace, you expressly agree to accept the rights and obligations embedded in applicable French laws and regulations as well as those specified in our general Terms and conditions of use and sale.
The nature of these rights, obligations and guarantees may differ depending on whether you use our Marketplace as a professional or as a private seller.
The advertiser’s professional or private seller status
When you place an advertisement on our Marketplace, you must specify whether you are acting as a professional or as a private seller.
The professional advertiser:
If you place an advertisement within the framework of your professional activity, but falsely declare to be acting as a private seller, you may incur the sanctions provided for in Article L132-2 of France’s Consumer Rights Code, namely:
“Misleading commercial practices as mentioned in Articles L. 121-2 to L. 121-4 are punishable by two years imprisonment and a fine of 300,000 euros.
The amount of the fine may be adjusted – in proportion to the benefits derived from the violation – to 10% of the offender’s average annual turnover based on the previous three fiscal years, or to 50% of the total amount invested in the misleading advertising or practices by the offender.”
As a professional seller you must comply with the provisions of France’s Consumer Rights Code for the protection of non-professional buyers, and notably (but not exclusively) with the following injunctions:
– To refrain from any dishonest or misleading practices (Article L121- 1 et seq. of the Consumer Rights Code)
– To communicate in a clear and understandable manner all the information stipulated by the Consumer Rights Code (your identity, your contact details, the essential characteristics of the goods being offered and any additional costs related to the sale, etc.)
– To respect the terms and conditions relating to applicable consumer retraction (cooling-off) periods, consumer mediation and any applicable legal guarantees.
The private advertiser:
If you place an advertisement as a private seller you must comply with the following provisions:
– Your offer must clearly state the price of the good being sold and, where applicable, of any additional costs relating to the sale.
– Sale cancellation: when a good is sold by a private seller, the buyer cannot request the seller to refund or exchange the acquired good if the advertisement relating to its sale does not specifically mention a “cooling-off period”. Any private seller wishing to offer the possibility of a return or an exchange must clearly specify the terms and conditions of any such provisions in the relevant advertisement.
– Legal guarantees: The “Legal Conformity Guarantee” – as provided for by the Consumer Rights Code (Articles L217-4 et seq) – does not apply when the seller is a private seller; however, the private seller is bound to guarantee that the good being offered for sale has no hidden defects.
According to Article 1641 of France’s Civil Code: “The seller is bound by an “absence of hidden defects guarantee”, whereby “hidden defect” means any characteristic(s) of a good being sold that would render it unfit for the use for which it is intended, or which might undermine its use to an extent that the buyer would not have acquired it, or would have offered a lower price if he had been aware of the characteristic(s) beforehand.”
– Applicability of France’s Civil Code: When the advertiser is not acting as a professional seller, the sale is subject to the provisions of France’s Civil Code relating to the rights, duties and civil liabilities inherent to contractual relationship. These provisions may be studied by following this link:
Taxes and contributions:
In the context of your activity on our Marketplace, you may be subject to various tax reporting and payment obligations.
It is therefore your responsibility to declare the income from this activity with the relevant tax authorities.
For information regarding the income tax or social security contributions that your activity on our Marketplace may be subject to, please follow the links below:
– at www.impots.gouv.fr, concerning tax obligations: https: //www.impots .gouv.fr / portal / node / 10841
– at www.urssaf.fr, concerning social security contributions: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html.
MODERATION OR REPORTING OF ILLICIT OR INAPPROPRIATE CONTENT OR BEHAVIOR
If, while navigating in our Marketplace, you notice any adverts containing clearly illicit content or content that is contrary to these General Conditions of Use or any illegal or questionable user behavior on our Marketplace, you may report it to our customer service by completing the present notification form or by sending your report by email to email@example.com. If you send your report by email you should mention “Reporting Marketplace” in the subject of your email.
The Company reminds you that the advertisements presented on its Marketplace are offers from third-party sellers. These third-party sellers are responsible for the content of the ads they produce and for the items they offer for sale. In its capacity as host, the Company does not carry out any vetting of the advertisements posted on its Marketplace by these sellers and cannot be held liable for what they offer for sale. The Company plays no role in the transactions between buyers and sellers and therefore exercises no control over what sellers may sell or what buyers may buy.
In order to ensure that any notification/report you send to us is reviewed quickly and efficiently, please complete the form accurately and fully, and, if necessary, attach any relevant documents or send us a detailed and exhaustive report by email. Notifications or reports that are incomplete are unlikely to be acted upon. Your report will be processed as soon as possible and any action that we deem necessary will be taken. These actions may notably include the withdrawal of the offending advertisements or information, the exclusion of a user from our Marketplace, and – in the event of a criminally reprehensible offense – the reporting of the persons or organization responsible to the relevant authorities. This list of possible responses is not exhaustive and other actions may also be taken. All responses implemented by the Company will be taken without prejudice to any further action that the Company may consider necessary. In such matters, the Company does not recognize or accept any liability whatsoever and nor does it concede, abandon, or forego the exercise of its rights and its means of legal defense.
By sending us your report, you:
– accept that the Company may be required, where applicable, to communicate its content to third parties (e.g.: judicial authorities, supervisory authorities, and/or third parties concerned by the alleged infringement and/or the illicit or erroneous content), and grant the Company the right to use, reproduce, publish, translate and disclose its content, in whole or in part, anywhere in the world, via any means of communication.
– accept that you are responsible for the facts reported and as such incur your civil and/or criminal liability in the event that the information and/or documents provided in your notification are inaccurate and/or misleading and/or false.
– accept that you will be held responsible for any claim and/or action brought by third parties against the Company in direct or indirect connection with your notification, and you expressly release the Company from any liability or claim and/or action resulting from your notification.
The notification form for reporting illicit or inappropriate content or behavior should not be used for reporting a commercial dispute concerning a sale or purchase made on the Artprice.com Marketplace.