TERMS AND CONDITIONS OF THE WEBSITE
SAS LE CARGO, hereinafter referred to as Le Cargo, with a share capital of € 2000, registered with the Brest Trade and Companies Register under number 828994954, identified under the intra-Community VAT number FR31828994954, whose registered office is in Brest (29200)- FRANCE, 81 rue de Siam, manages the site lecargo.co accessible at the address http://www.lecargo.co (hereinafter the "Site").
The Site connects Sellers and Buyers who want to sell new and second-hand nautical equipment. Sellers and Buyers may be defined hereinafter by the term "Users".
The Site acts as a Third Party Trust between the Buyer and the Seller. When a user buys a product, its payment is retained by Le Cargo. This amount is paid to the Seller when the buyer has confirmed that he has received the item and when he is satisfied.
The Site acts only as an intermediary and can not be held responsible for disputes declared outside a period of 48 hours following the reception of the item by the Buyer binding only the Buyer and the Seller.
In this case, the Site may do its utmost to help the parties reach an agreement.
The purpose of these General Terms and Conditions is to define the conditions of Use of the Site by the Users.
Ad: means the offer to sell one or more Item(s) issued by the Seller on the Site.
Buyer: means a User who wishes to purchase or who has purchased one or more Item(s)
Catalog: represents all the articles proposed for sale on Le Cargo by the same Seller.
Coupon: represents the message containing a code and communicated to the Buyer when confirming the availability of the item ordered as part of a hand-delivery.
Currently being moderated: corresponds to an item whose product profile created by a Seller is being checked by our Services before it is put on line.
Delivery Address: means the mailing address to which the Item ordered by a Buyer will be delivered by the Seller.
Delivery charges: represent the shipping costs.
Delivery method: the shipping is untrusted to a carrier. The shipping costs are borne by the Buyer and advanced by the Seller. On a promotional basis, the Seller may decide to offer them in full or in part with the Buyer.
Geolocation: means the process of locating an Item on a map or map using its location (City, Country).
Hand-delivered: corresponds to an option offered to the User when he adds his Item and which can be selected by another User when purchasing an Item in order to receive the item ordered directly , thus saving on shipping costs.
Item: means a product offered for sale by a Seller on the Site, which meets the criteria defined in Article 3 of these General Conditions and which constitutes the subject of the contract between the Seller and the Buyer.
Item Price: means the price offered by the Seller for the sale of an Item. The Item Price is the basis of Le Cargo referral fee. The Price of the Item includes the Cargo's referral fee, but does not include Delivery Charges.
My Account page: is a public page dedicated to a User registered on the Site, whether Buyer and / or Seller, or neither.
Original price or Original value: means the selling price of the item in store as estimated by the Seller.Promotional Offer: allows the Buyer to benefit from a limited advantage over time to obtain a price reduction or an ease of payment. The promotional offer can not be combined with other current offers.
Promotion program: corresponds to a price reduction program for Le Cargo's items for sale as part of promotional operations as well as for all or part (50%) of the Seller's costs of shipping.
Purchase Insurance: The Site The Cargo offers Purchasers an optional Purchase Insurance before the validation of the order and payment. This Purchase Insurance covers in particular in the event of material damage during the delivery of the ordered item.
Purchase Offer: means the irrevocable offer to purchase one or more Item(s) issued by a Buyer on the Site in response to one or more Seller(s) .
Purchase voucher: corresponds to a discount to be claimed on one or more orders on the www.lecargo.co website.
Referral fee: means the amount collected by Le Cargo in return for the use of the Site by the Users. It applies retroactively to all items sold on the site, regardless of when they were putted online.
Referral fee discount: Depending on the volume of sales made by a Seller, the latter may benefit from a discount from referral fees on future sales. It is calculated over 365 days from the date of registration of the Seller.
Resale: corresponds to the possibility for an Unsatisfied Buyer of his Item and having declared his dissatisfaction within the 48 hours outsourced following his receipt to resell his Item for free, without any resale price or referral fee.
Satisfied or Refunded Guarantee: corresponds to the possibility for a Buyer not satisfied with his order made with a private seller, to declare within 48 hours of receipt (excluding weekends and holidays) his dissatisfaction and the reasons for his dissatisfaction in accordance with the procedure described in Article 5 of these Conditions.
Seller: means a User who offers for sale one or more Item(s). It may be either an individual or a depository (which does not sell the Items directly but offers for sale items entrusted to it by individuals for sale), or a professional.
Site: means the website managed by Le Cargo, and accessible at http://www.lecargo.co.
Transaction Price: means the price of the Item paid by the Purchaser. It includes the Item Price, plus shipping charges.
Trusted third party: Le Cargo acts as the Third Party of confidence between the Buyer and the Seller. When a user purchases a product, its payment is retained by Le Cargo. This amount is paid to the seller when the Buyer has confirmed that he has received the Item and is satisfied. Le Cargo thus guarantees the Buyer against the non-receipt of the parcel and the Seller against any risk of unpaid.
User: means a person registered on the Site in order to purchase and / or sell one or more items.
Article 1. Registration on the Site
1.1. Opening an Account
To register on the Site, the User must create an Account using his email address. The User will fill in the fields of the registration form of the Site and will provide complete and accurate information. Among the required fields, the User must indicate his / her full contact details (name, first name, address, postal code, city, country, telephone) his / her email address and his / her password. He will also have to inform him whether he is an individual User or a professional. In the event that the User is a professional, he must indicate the legal information of his company (legal form, SIRET number)
The User agrees to update as soon as possible the information provided to the Cargo. He is solely responsible for the consequences of the failure to update this information.
The User must either be 18 years of age or be the legal representative of a legal person governed by French law. The User undertakes not to communicate his email address and his password in any case and will alone bear the consequences of the use of his account, even without his knowledge, by a person using his pseudonym and his password.
The email and password are strictly personal and confidential. The registered User is only authorized to access the Site using the email and the password. The User undertakes not to offer to any other person the access under its identity to the Site. In the event that he is aware that another person is accessing the Site under his identity, the User will inform Le Cargo without delay.
Once the registration form has been created, the User must indicate additional information that is compulsory for some and optional for others on the dedicated Seller's page, should he wish to put on sale an item. The required fields are indicated by an asterisk or a padlock.
The User undertakes not to create or use other accounts than the one he initially created, whether under his own identity or that of third parties. Any derogation from this rule must be the subject of an explicit request from the User and an express authorization from Le Cargo. The creation or use of new accounts under its own identity or that of third parties without having requested and obtained the authorization of Le Cargo may lead to the immediate suspension of the accounts of the User and all associated services.
Once an Item has been sold on the Site, the Buyer agrees that his / her name, first name, delivery address and e-mail address and telephone number if the option hand-delivered has been selected are revealed to the Seller. Users agree to keep this information confidential and not to disclose it. They undertake not to infringe the privacy of other Users and not to send them any message, subject matter, advertising material, by any means (including by post, telephone or electronic).
1.2. Creation of the Seller space
Once registered on the Site, a User may be assigned a Seller space.
Among the information appearing on the Seller space in the event that they have been communicated by the User on his My Account page, may include the first name, last name, last date of connection, seller's status (individual or professional) , The postal code, the city, the country, a profile picture of the User as well as a personal description. The Seller space may contain other information on the items already sold by the User, his rating by other Users, the amount of his winnings by sales made via Le Cargo, statistics on his items etc.
1.3. Rules of conduct
The User undertakes not to provide his contact details (telephone, address, email ...) nor in his Ads or in the name or description of his Catalog.
Le Cargo may, if necessary, delete this information without having made a prior request to the User.
The User undertakes not to use on the Site, in particular by means of comments, statements contrary to good morals, abusive, defamatory or which may harm the reputation of other Users. In the event of non-compliance with this obligation, Le Cargo reserves the right to suspend the User's account without prior notification. In the event of a repeat offense, Le Cargo reserves the right to delete the User's account definitively.
The User is prohibited from publishing photographs whose content is inappropriate (nudity, violence ...).
Le Cargo reserves the right to remove any content that it deems inappropriate and also to delete accounts of Users who do not respect these rules of good conduct.
Article 2: Personal information and protection of personal data
2.1. Le Cargo undertakes not to undermine the privacy of the Users of the Site and the confidentiality of the information provided.
When registering on the Site, the User must provide personal information including name, first name, full contact details and e-mail address. The User may communicate his fixed and portable telephone numbers as well as the information contained on his RIB. The required fields are indicated when collected by an asterisk or a padlock.
This data collection takes place in particular in the event of : registration on the Site, updating of the Seller space page, the purchase or sale of an item, browsing the Site and consulting Items of the Catalog, contacts with the Customer Service.
Upon registration on the Site, the User may choose to receive commercial offers sent by Le Cargo and / or its partners.
By indicating his mobile phone number and subject to his acceptance, the User may receive commercial offers by sms. At any time, the User will have the possibility to oppose the commercial prospection by sms following the indications included in the said messages.
The User may also receive commercial offers by postmail if he has not objected to it.
By indicating his postal address, the User acknowledges that Le Cargo can process data relating to its geographical position and use different technologies to locate the Items of a User. Thus, Le Cargo allows the User to search for Items according to his own location or a different location.
In any circumtances, the User's mailing address will be communicated to another User except in the case of a purchase, as provided for in article 1.7 of these General Terms and Conditions.
The personal data requested by Le Cargo are necessary to ensure the management of the actions performed by the Users via the Site, as well as to improve the quality of the service provided by Le Cargo. The files of Le Cargo are declared with the French National Commission of Informatics and Liberties (CNIL).
2.2. In accordance with the law french law "Informatique et Libertés" n ° 78-17 of January 6, 1978, the User may at any time access the personal information concerning him that he has communicated to the Site, and / or request the correction, the supplement , clarification, updating or deletion by contacting Customer Service or by simple letter (SAS LE CARGO, 81 rue de Siam 29200 Brest - FRANCE), indicating his / her name, first name, date and place of birth, postal address And its identifier.
The User gives his consent to the use of the data collected by Le Cargo and the dissemination of this data to third parties. The User may oppose the use of the data collected by Le Cargo and / or the dissemination of this data to third parties by unchecking the box on the registration form for the proposal "I wish to receive offers from partners of Le Cargo ". Once registered on the Site, the User may exercise his right to object by contacting Customer Service or by letter with acknowledgment of receipt (SAS LE CARGO, 81 rue de Siam 29200 Brest -FRANCE), indicating his name, first name, date and place of birth, postal and electronic address and its identifier.
A Cookie is a small file sent to the user's computer and stored on its hard disk. If the User has registered at www.lecargo.co, his computer will store a cookie identifier which will save him time each time he returns to www.lecargo.co as he will remember his email address . The User may change the settings in his browser in order to avoid Cookies being installed without his express consent in his computer.
The site www.lecargo.co is designed to be particularly attentive to the needs of its Users.
The Cargo may transmit non-personal data to authorized third parties through the use of third-party Cookies. The third parties authorized by Le Cargo undertake to use this data in accordance with the provisions of the french law "Informatique et Libertés" of January 6, 1978 as amended by the law of August 6, 2004 and to establish Charters of respect for private life. This non-personal data may be used in particular for banners programs.
2.4. The User accepts that Le Cargo retains all documents, information and recordings concerning its activity on the Site.
2.5. The User agrees that Le Cargo can edit the photos of the Items that will have put on line to optimize their visibility. The User also agrees that Le Cargo will communicate on certain items that it will put on sale, using, if necessary, the photos provided by the User.
Article 3. Items on sale
3.1. General provisions
The Seller undertakes to ensure that any item offered for sale corresponds to an immediately available material asset of which it has full and complete ownership and sales capacity. The Seller undertakes that the item is conform to their description.
The price of the item can not be less than 10 € from the private sellers.
In its Advertisement, the Seller undertakes to describe the Item offered for sale according to the form proposed by the Site. The description of the Item must correspond to its actual characteristics. Seller also agrees to keep its inventory up to date.
3.2. Sales prohibitions
The Seller undertakes to ensure that the Items are perfectly in conformity with public order, good morals, the law in force in France and the rights of third parties and that they are not liable to offend the sensitivity of minors.
Users shall not sell directly or indirectly through the Site any items infringing any intellectual property rights.
In order to combat the sale of counterfeit goods, Le Cargo carries out a control of the product sheet of certain Items. The Cargo may require the Seller to provide it with information (proof of authenticity, serial number, invoice etc.) or additional photographs on its item. In case of doubt concerning the authenticity of an item, Le Cargo reserves the right to refuse to put it on line.
Users agree to notify Le Cargo as soon as they find that an Ad does not comply with the provisions of this article.
3.3. Ad Changes
Le Cargo reserves the right to request Seller to modify and / or delete its Advertisement and / or to do so directly, in particular if the Seller has not published its Advertisement in the relevant Container or Category or if he has indicated his contact details in his Announcement.
The Seller agrees to publish only pictures of the Items he has taken himself. Le Cargo reserves the right to remove from the Site any photograph that has not been taken by the Seller.
3.4. Determination of the sale price
The Seller determines the selling price of the Item under his sole responsibility. Le Cargo shall in particular draw the attention of the Seller to the fact that it is his responsibility not to fix a price manifestly excessive.
However, the price of the Item may be not less than 10 euros from private sellers.
In case of doubt when fixing the price of an item, the Seller can ask Le Cargo for advice by using the contact form or by contacting directly the Customer Service.
The state of the Item is fixed by the sole appreciation of its Seller, and the price fixed by it shall take this condition into account.
In order to discourage concealment, the Seller shall determine a selling price respecting the following conditions, in particular for Items whose condition is new or close to new:
- The selling price for a new item must not be excessively lower than the retail selling price (for example, less than 25% of the selling price in store, ie a maximum percentage reduction compared to the shop price of 75% - so for an article worth 2000 euros in store, the selling price on the Site should not be less than 500 euros),
- The Sale price for a second-hand item must not be excessively lower than the selling price in store if its condition is close to new (for example, less than 15% of the sale price in store - so for an article Worth 2000 euros in store, the selling price on the Site should not be less than 300 euros).
Le Cargo reserves the right not to validate the posting of an advertisement and has the possibility of suggesting a price reduction to the private sellers when they are obviously high compared to the average prices practiced onsecond-hand market.
Le Cargo will delete the Item Ads that do not comply with these provisions.
3.5. The Seller may indicate under his sole responsability the Original Price or the Original Value of the Item
If the Seller does not know the exact selling price in store, he can indicate his best estimate. This Price is an indication of the price at which the seller declares that he has bought the item he offers for sale. Buyer is advised that this in-store Sale Price has not been verified by Le Cargo.
The User is also warned that the percentage saving indicated for each item is calculated from the retail price, this information is for informational purposes only and is not contractual.
3.6. Miscellaneous provisions relating to the sale of an Item
The Seller is solely responsible for the proper performance of the obligation to inform Buyers of the essential characteristics of the Item. He is solely responsible for the description of the goods he offers for sale. He warrants Le Cargo against any and all claims relating to the content and form of said description.
The Seller undertakes to carry out all validations, verifications and to make all necessary clarifications so that the description and the elements of the offer are faithful and do not mislead the Buyer.
The Seller agrees to put only one advertisement per item for sale. Le Cargo reserves the right to remove advertisements that appear multiple for a single item, however, the same ad may be displayed in various Containers and Categories.
3.7. Special provisions relating to the promotion program
Le Cargo undertakes to publish the Seller's Advertisement on the Site for a maximum period of 3 months (90 days), subject to compliance by the Seller with these Terms and Conditions. Le Cargo makes the Seller's Announcement unavailable immediately after a Buyer issues a Ppurchase Offer relating to the Item being advertised.
In the context of one-off operations, Le Cargo allows Sellers to participate in promotional programs. These promotional operations are of two types: one consists of a drop in the prices of the Items and the other in the assumption of all or part of the Seller's shipping costs.
3.7.1. Lower Prices
When an item is offered for sale, the Seller can join the promotion program set up by Le Cargo. In the event that he / she agrees to this program, the Seller allows the Cargo to reduce the price of its item at its discretion, during various promotional operations.
It is understood that the percentage reduction is between 5 and 15% of the selling price.
To adhere to the promotion program, the Seller must check the box provided for this purpose when adding an Item. The Seller may also choose to participate in this program by checking the box provided on the Seller space / My Catalog section. The Seller may submit one or more of its Items to this program by checking the box provided for each.
3.7.2 Costs sharing
Within the framework of the promotion program set up by Le Cargo, the Seller may choose to offer all or part (50%) of the Delivery charges to its potential Buyers.
To offer the Delivery charges, the Seller must check the box provided for this purpose when adding an Item. The Seller may also choose to offer the Delivery charges of an Item by checking the box provided on the Seller space / My Catalog section. The Seller may submit one or more of its Items to this offer by checking the box provided for each item.
3.8. Any Seller who no longer wishes to sell an Item undertakes to remove it from its Catalog as soon as possible.
3.9. The Seller agrees that his Advertisement will be shown on Le Cargo's partner websites.
Article 4. Make a sale
4.1.1. When the Buyer confirms his order, he issues an irrevocable Purchase Offer of the items in his shopping cart.
The Buyer is bound by this Purchase Offer until the expiration of the delay offered to the Seller to confirm the availability of the item as defined in the article below.
4.1.2. Le Cargo notifies the Seller of the Buyer's Purchase Offer by e-mail.
The Seller undertakes to confirm or refuse the availability of the Item within 3 days (72h) of receipt of the e-mail of Le Cargo informing him that the Item that he put on sale on the Site was sold.
The Seller, by confirming the availability of the Item via the Site, in My orders section, accepts the Purchase Offer. His acceptance is firm and irrevocable. From the acceptance of the Seller, the sale is finalized and deemed perfect.
Failure to reply on his part after the period of 3 days (72 hours) will be considered as a refutation of the Purchase Offer, and the sale will not be finalized. The Buyer's order is then canceled, and the Buyer's credit card will not be debited.
4.1.3. Purchase Offers are independent of one another. If one or more of the Purchase Offer has not been accepted by the Seller(s) concerned, the other Buyer's Purchase Offers are considered as perfect.
4.2. Payment of the order
4.2.1. Cash payment
The Buyer can pay:
- by Credit Card through the fully secure payment terminal : Stripe
Le Cargo may ask the Buyer for proof of identity (copy of the identity card and / or proof of residence). Pending the receipt of these documents, Le Cargo reserves the right to suspend an order.
Le Cargo can not be held responsible in case of fraudulent use of the means of payment used.
Stripe offers integrated security, compliant with the Payment Card Industry Security Standard (PCI DSS), and a fraud detection system.
Stripe manages more than 130 currencies from essentially every country in the world.
4.2.2. Payment content
The amount paid by the Buyer includes:
- the price of the Item determined by the Seller;
- the Delivery charges fixed by the Seller, except in the case where the Seller chooses to offer, in whole or in part (50%) the Delivery charges to the Buyer within the framework of the promotion program defined in article 3.7.
- In the event that the Buyer selects a Purchase Insurance, the amount of the latter will be added to the Price of the Transaction.
The amount of the Delivery charges paid by the Buyer will vary according to his delivery address.
4.3. Delivery of the item
When shipping the Item, the Seller agrees to respect the delivery method chosen by the Buyer and to send him suitably packed. The Seller must retain proof of the shipment of the parcel during the month following the date of shipment.
The Seller undertakes not to insert advertisements for himself or for anyone in any form whatsoever. The Buyer's contact information must be used only for the purposes of the execution of the order and the legal obligations associated with it.
The Buyer agrees to have a standardized mailbox conforming to the recommendations of the postal services (size of the mailbox, indication of the coordinates of the residents ...).
4.3.1. Delivery to Buyer
Once the Buyer has accepted the Purchase Offer, the Seller has confirmed the availability of the item subject to the offer and Le Cargo has cashed in the Buyer's transaction price, Le Cargo will communicate to the Seller the details of the Buyer 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 properly packaged Item within 3 days (72h) of the date of communication of the Buyer's address and to indicate the tracking number of the parcel in the space reserved for this purpose on the Site. In the event of non-compliance by the Seller with the shipping conditions expressed herein, Le Cargo will examine on a case-by-case basis any problems encountered during a transaction within a period of 15 days. Failure to ship the order and to communicate to Customer Service the tracking number within 9 days after the confirmation of availability of the Item, the sale will be automatically canceled and the Buyer will be refunded of the price of the item.
In order to reduce risks during delivery and to allow the Buyer and the Seller to follow the shipping of the Item, the shipping must be made obligatorily via a tracked delivery method.
If the Seller accepts a hand-delivery, the Buyer when checking out can select this delivery method. The respective details of the two Users are then transmitted to them in order to be able to organize the hand-delivery of the Item.
The Buyer has to download a coupon to collect the item to the Seller. The Seller must indicate on the Site the number appearing on the coupon in order to justify the delivery of the Item. This coupon number must be retained by the Seller and will be proof of delivery of the Item.
The Buyer has 7 days to collect the Item from the Seller. Failure to do so, if the Seller has not registered the coupon number within 9 days from the confirmation of availability of the Item, the sale will be automatically canceled and the Buyer will be refunded of the sale.
4.4. Reception of the Item :
4.4.1. Upon reception of an Item sent by a private Seller, the Buyer is invited to confirm the receipt of the Item and its satisfaction within 2 days (48h) of reception of the Item (except weekend and holidays, not including the day of delivery). In the absence of any express confirmation or in the absence of any notification of the non-reception of the Item from the Buyer, its agreement on the transaction will be deemed to have been acquired at the expiration of 2 days (48 hours) period after the Item reception. If after more than 2 days (48h) after reception of the Item, the Buyer has not made any confirmation, Le Cargo will proceed to the finalization of the sale by paying to Seller's the bank account of the amount corresponding to the transaction. The Buyer and the Seller agree that Le Cargo calculates these two-day (48h) delays based on the information provided by the carrier. Le Cargo declines all responsibility in case of incorrect information provided by the carrier. In case of error made by the carrier's website, the Buyer will claim against the latter to be compensated for its prejudice.
Upon reception of an Item sent by a professional Seller, the Buyer is also invited to confirm the receiption of the Item and its satisfaction within 2 days (48h) of reception of the Item (excluding weekend and public holidays, not including the day of delivery). However, he will be entitled to a legal right of withdrawal of several days upon reception of the parcel (this period depends on the legislation in force in the country). If during these days, the Buyer decides to enforce this right of retraction via the site, then Le Cargo will transmit this information to the Seller. It will be for the latter to proceed to the refund after the parcel reception.
In the event that the parcel is lost by the carrier, the professional Seller undertakes to refund the Transaction Price to the Buyer. It will be up to the Professional Seller to claim against its carrier.
In any event, this provision shall not apply to a hand-delivery item.
4.4.2. If the Buyer is out when a delivery arrives, he undertakes to fetch the Item at the address indicated by the carrier as soon as possible. In the event of failure to collect the item, it shall be returned to the Seller by the carrier, Buyer agrees that the delivery charges which it has paid shall not be refunded by Le Cargo that will pay them to the Seller. This provision does not apply if the Seller is a professional.
4.5. Payment to the Seller
4.5.1. The Seller authorizes Le Cargo to collect, on his name and on its behalf, the Transaction Price through the secure electronic payment system set up on the Site or by any other means, which would subsequently be set up by Le Cargo.
4.5.2. In consideration for the use of the Site, the Seller authorizes Le Cargo, upon acceptance of the offer by the Buyer and payment by the latter of the Transaction Price, to be withheld from the total price of the Transaction a Referral fee determined according to the modalities defined in article 4.5.3 below.
4.5.3. The Referral fee invoiced to the Seller by Le Cargo for each sale is based on the total price of the Transaction and broken down as follows:
For individuals :
From 10 to 200 €/$/£: 15% tax included
From 200 to 1000 €/$/£: 10% VAT included
> 1 000 €/$/£: 7% VAT included
From 0 to 200 €/$/£: 15% VAT excluded
From 200 to 1000 €/$/£: 10% VAT excluded
> 1,000 €/$/£: 7% VAT excluded
4.5.4. Referral fee s discounted: according to the volume of the sales, a Seller will be able to benefit from a Referral fee s discount. It shall be calculated over 365 days from the date of registration of the Seller and shall be distributed as follows:
> 5,000 €/$/£ / year: - 2% on future referral fees
> 10,000 €/$/£ / year: -4% on future referral fees
4.5.5. Le Cargo shall pay the Seller's bank account for the Transaction Price, less the Referral fee (hereinafter the Sum paid to the Seller), provided that the Transaction Price has been fully paid by the Buyer and cashed by Le Cargo :
- upon confirmation of reception of the Item by the Buyer on the Site, except in the event of return of the Item by the Buyer under the conditions and time limits provided for in article 6 hereof;
- or, in case of absence of confirmation of reception by the Buyer, 10 days after receipt of the Iitem by the Buyer,
The Seller must respect the delivery method selected and paid by the Buyer. Otherwise, the sale may not be finalized. In the event of dispute and without confirmation of reception by the Buyer, Le Cargo reserves the right to cancel the order and proceed to the refund of the Buyer.
In the event that the Buyer has not collected the parcel within the time limit and the Item is returned to the Seller by the Post Office or by another Carrier, Le Cargo will return to the Seller the amount of the Delivery charges that will have been paid by the Buyer. This provision does not apply if the Seller is a professional.
The amount of the Delivery charges paid by the Buyer and returned to the Seller is specified in article 4 of these Conditions.
4.5.6. The Seller agrees to receive in any case an amount equal to the Price of the Transaction to the exclusion of any other sum or interest. The Seller hereby waives any claim concerning the sums, if any, arising from the capitalization of the sums collected on his name and on its behalf by Le Cargo in connection with a sale.
4.5.7. The price of the item, the shipping costs, the referral fee and the sum paid to the seller are defined all taxes included (with the exception of the referral fee provided by Le Cargo on sales made by professionals).
4.5.8. In case of suspicion of fraud, Le Cargo can ask the Seller to provide proof of identity (copy of the identity card, proof of residence and / or copy of the credit card).
Le Cargo will suspend the transfer pending the receipt of these documents and their study.
4.5.9. In the event that a dispute occurs between the Seller and the Buyer, Le Cargo may block the transactions of the Users concerned until the resolution of the dispute.
Article 5. Satisfied or Refunded Guarantee
When the Seller is an individual, Le Cargo has set up a Satisfied or Refunded Guarantee if the Buyer is not satisfied with the item ordered.
The return of an item will be accepted only if it has made the object of the implementation of the Satisfied or Refunded Guarantee described as follows.
In any case, this warranty does not apply in case of a hand-delivery of the Item.
When a Buyer has made a multiple order with the same Seller and carries out the Satisfied or Refunded Guarantee for one or more items of this order, the shipping costs have been adapted to a group shipment, their refund may not exceed the difference between the shipping price of an item and the shipping price of the number of items returned and declared non-compliant except where all items of the order give rise to the application of the guarantee and are declared non-compliant .
When an item is returned as part of the Satisfied or Refunded Guarantee, Le Cargo has 30 days to examine the claim. During this period, the transactions of the Users concerned may be temporarily blocked and the transfer requests suspended.
5.1. Return of item to Seller :
In the event that the Seller is an individual, Le Cargo has put in place the following procedure enabling the Buyer to return the ordered item if he is not satisfied.
Within 2 days (48 hours) of reception of the Item (including weekends and public holidays not including the day of delivery), the Buyer must confirm receipt and indicate whether he is satisfied or dissatisfied directly on his account on Le Cargo's website.
If the Buyer indicates that he is satisfied with the Item before the expiry of the 2-day (48h) period, he will no longer be able to benefit from the Satisfied or Refunded Guarantee even if the 2-day (48h) period is not expired.
When the Buyer declares himself dissatisfied, he must indicate the reason(s) for dissatisfaction.
The Buyer has a period of 2 days (48 extra hours) (excluding weekends and public holidays) to return the Item to the Seller and indicate the tracking number of the parcel on the page of the Site provided for this purpose. The delay of two (2) working days runs from the reception by the Customer Service of the email confirming that the request for dissatisfaction has been made within the deadline and containing the postal address of the Seller.
The Buyer undertakes to return to the Seller the Item, carefully packed, according to the initial Delivery method and at its expense. In case of dispute and without confirmation of reception by the Seller, Le Cargo reserves the right to finalize the sale and to pay the Seller. The return of the Item is done under the responsibility of the Buyer.
The Seller has 2 days (48 hours) from the actual delivery of the Item by the carrier to declare its reception on the page of the Site provided for this purpose.
If the reason for dissatisfaction you have checked is: "The Item, although in accordance with the description, is not appropriate to me", the declaration of reception of the Item by the Seller triggers your refund of the Item Price as well as the refund of the Seller's Delivery charges..
If the reason for dissatisfaction you have checked is "the Item does not correspond to the description made by the Seller", the declaration of reception of the Item by the Seller triggers your refund of the Transaction Price, i.e the Price of the item plus the delivery charges. The shipping costs for the return of the Item remain at the exclusive charge of the Buyer.
If 7 days after reception of the Item, the Seller has not made a declaration, Le Cargo will proceed to the validation of the reception of the Item and will proceed to the refund of the Price of the Item or the Price of the Transaction (according to the reason for dissatisfaction indicated to the Buyer).
This validation will be carried out after checking the tracking number of the parcel containing the Item.
Subject to compliance with this procedure and the time limits indicated, Le Cargo will refund to the Buyer the Price of the Item he has paid. Shipping costs are the responsibility of the Buyer.
In any case, the refund of the Buyer will be made within 7 days from the date of reception of the Item by the Seller.
Buyer undertakes to be refunded only an amount equal to the Price of the Item, excluding any other sum or interest. The Buyer hereby waives all claims concerning the sums, if any, arising from the capitalization of the sums collected by Le Cargo in connection with this sale.
The refund will be made by credit on the Buyer's bank account.
5.2 Re-sale of an Item
Within 48 hours of reception of the Item (including weekends and holidays, not including the day of delivery), the Buyer must indicate on the Site, in My Account, My Orders, he is dissatisfied with the Item and indicates the reasons for its dissatisfaction.
Upon confirmation that the request for dissatisfaction has been made within 2 days (48 hours), the Buyer will receive an email proposing to him to put on sale again the Item for free.
If the Buyer agrees for the re-sale of an Item, Le Cargo will undertake on his behalf to create a Seller's space if he does not own it and to put on sale again the Item on this new Catalog or on his pre-existing Catalog.
Article 6: Special provisions applicable to professional sellers
6.1. General Obligations for professional Sellers
6.1.1 The User who wishes to carry out a commercial activity through the Site must identify himself to Le Cargo as a professional Seller. The User concerned must prove his status as a merchant with Le Cargo, by sending him a K-bis extract, by e-mail to: firstname.lastname@example.org or by postal mail to the following address : SAS Le Cargo, 81 rue de Siam, 29200 Brest - FRANCE. Le Cargo reserves the right not to contract with a professional Seller.
6.1.2 If it appears that a Seller, registered as an individual on the Site, appears to be engaged in a commercial activity there, Le Cargo may ask him to identify himself as a professional on the Site and to provide him with a proof of his professional status. In case of refusal or silence Le Cargo may close the account of the Seller. Pending the justification of this Seller, the latter agrees that Le Cargo may suspend temporarily and as a precaution his Seller account, and / or withdraw his Ads.
6.2. Obligation to provide information
6.2.1 Le Cargo reminds the Seller acting professionally of its obligation to respect the laws and regulations relating to the exercise of a commercial activity of distance selling. The Purchase Offer must include the following information :
- Its identity or contact details, as required by article R123-237 of the Commercial Code (SIREN number or RCS, city of its registered office) for France or equivalent for other country
- The essential characteristics of the Item proposed for sale, the total price of the Item.
- Different delivery methods and delivery charges.
- How to exercise the right of withdrawal.
6.3. Right of withdrawal
6.3.1 The Buyer has several days (14 days in EU) from the actual delivery of the Item to exercise his right of withdrawal and an additional period (14 days in EU) to return the Item to the professional Seller.
6.3.2 In order to exercise his right of withdrawal, the Buyer must inform Le Cargo within 14 days by declaring his dissatisfaction on the Site from the My Account page, My Orders section. In addition, the Buyer may choose to complete and submit on line the withdrawal form provided by the Site. The form can also be included in the return package of the Item.
6.3.3 The expenses incurred for the return of the Item shall be borne exclusively by the Buyer.
6.3.4 If you have claimed your right to withdraw from Le Cargo site within 14 days within the legal period of 14 days (in EU), Le Cargo sends this notification to the Seller. He has to refund you. You have 14 days (in EU) to return the item he sent you, under the same delivery conditions. Do not forget to fill in the tracking number of the parcel on the site so that the seller can track the return of the parcel and then proceed to your refund.
6.4 Legal Warranty
In the case of a purchase from a professional Seller, the Buyer shall benefit from the legal guarantee of conformity provided for in articles 217-4 et seq. of the Consumer Code, as well as the guarantee against latent defects provided for in articles 1641 et seq. of the Civil Code (french laws).
The User is informed that the information provided below concerning the legal guarantees is not exhaustive and that these two guarantees are different and complementary to the commercial guarantee, which can be offered, gratuitously or onerous, by the manufacturer of the Item.
6.4.1 The legal guarantee of conformity
The Buyer may activate the legal guarantee of conformity when the product he bought from a professional Seller on the Site has a lack of conformity (for example, if it does not conform to the description or does not correspond to what the Buyer was entitled to expect from a product of the same type).
The Buyer may operate it if he lives in European Union and only if the Seller is a professional; If the Seller is an individual, the Buyer shall not be entitled to the benefit of this guarantee.
When this guarantee is implemented, the Seller is obliged, in the first time to repair it with an identical product. Failure to do so may result in a total reduction or refund of the price to the Buyer if the repair or replacement of the Item is impossible, is not feasible within a reasonable period of time or if its implementation causes a major drawback to the purchaser ' Buyer.
The legal guarantee of conformity for a new product is valid for two years from the date of delivery of the product to the Buyer. It is recommended that the Buyer keep the proof of purchase for the duration of the warranty in order to be able to operate it more easily.
The Buyer must notify the Seller of the defect within this period and any defects appearing within six months from the date of delivery shall be presumed to have existed immediately upon delivery, except as incompatible with the nature of the product itself.
6.4.2 The guarantee of hidden defects
The Buyer may activate the guarantee of hidden defects if the item he bought on the Site presents defects that are not apparent at the time of the sale, which render it unsuitable for use or which reduce the use so much, Buyer would not have made such purchase if he had knowledge thereof. It benefits only Buyers residing in France.
The aggrieved Buyer may either obtain full refund of the sale price and any associated costs incurred (such as delivery costs) against return of the Item, or retain this Item in exchange for a simple reduction of price.
The Buyer may operate it within two years from the date of delivery and it shall be his responsibility to prove that the defect existed at the time of delivery.
Article 7. Responsibilities
7.1. Le Cargo can not be held responsible for the contents of the Ads, nor the actions (or lack of action) of the Users, nor the Items put on sale.
Le Cargo can not be held responsible for the defamatory, abusive or contrary to the good morals of comments posted by a User.
Le Cargo does not intervene in the transaction between Buyers and Sellers. Consequently, Le Cargo does not exercise any control over the quality, safety or lawfulness of the Items listed, the veracity or the accuracy of the content of the users' announcements. Le Cargo can not guarantee that the Seller or the Buyer will conclude the Transaction.
In the event of a dispute, Le Cargo reserves the right to communicate to the Buyer and Seller their respective e-mail addresses.
Le Cargo does not transfer the legal property of the Seller's objects to the Buyer. The sale / purchase agreements are concluded directly between the Buyer and the Seller.
7.2. Le Cargo reserves the right to suspend, without prior notice or indemnity and without incurring any liability, access to the Site temporarily or permanently. It does not guarantee that the Site will be accessible without interruption. It may interrupt access to the Site for reasons of maintenance and in case of emergency. It is bound only by an obligation of means concerning the continuity of access to the Site. Accordingly, Le Cargo excludes any warranties, conditions or other provisions and shall not be liable for any loss of money, reputation, or special, incidental or consequential damages arising out of or in connection with the use of the Site .
7.3. Without prejudice to the stipulations in the preceding paragraph, if Le Cargo is held responsible by the competent jurisdiction, to a User or a third party, Cargo's liability can not exceed the total amount of referral fee s that the User will have paid to Le Cargo during the 12 months preceding such action.
7.4. Le Cargo is not responsible for the fraudulent use by a third party and the possible consequences of the user's identifier and / or password.
7.5. In case of force majeure, strike, or in case of breakdown, blockage or difficulty concerning Le Cargo's computer equipment, the computer software used by Le Cargo or the Internet, and in case of suspension of access to the Site, the obligations of the parties to this contract are suspended.
7.6. Hypertext links on the Site may refer to other sites. Le Cargo is not responsible for the content or actions of these sites.
7.7. The contract created upon acceptance of the Buyer's Purchase Offer by the Seller is binding only to the Seller and the Buyer. Le Cargo only acts as an intermediary and can not be held responsible for disputes declared outside the period of 48 hours following the reception of the Item by the Buyer.
7.8. In case of hidden defect, corresponding to the definition given in article 1641 of the Civil Code (french law), and discovered outside the period of 2 days (48h) following the reception of the Item given to the Buyer to exercise his Satisfied or Refunded Guarantee, any dispute arising out of this will only bind the Buyer and the Seller to the exclusion of Le Cargo.
7.9. When a dispute arises between the parties, Le Cargo may, for a period of 30 days, do its best to help the parties to reach an agreement. Le Cargo can not be held responsible for the outcome of the dispute. During this period, requests for transfer of the concerned User(s) may be temporarily blocked or suspended.
Article 8. Miscellaneous provisions
8.1. The fact that Le Cargo tolerates any acts contrary to these General Terms and Conditions shall not constitute a waiver on its part of availing itself of the said General Conditions.
8.2. Assuming that one or more of the provisions of these General Terms and Conditions be disallowed by a legislative or regulatory provision or by a court decision, all other provisions shall remain applicable.
8.3. In the situation where the Seller has shipped the Items from a country outside the European Union to a Buyer located inside the European Union, customs duties may be applied. These customs duties are the responsibility of the Buyer, who is responsible for verifying the origin of his Item before ordering. In the situation where a Buyer located outside the European Union has ordered an Item from a Seller located in the European Union, customs duties may also apply. These customs duties are then borne by the Buyer.
8.4. By registering on the Site, the User acknowledges having read, understood and accepted without reserve the whole of the present General Conditions which govern with force binding all the relations between Le Cargo, the Sellers and the Buyers. This acceptance takes effect from the date of registration on the Site of the User and applies to each Transactions, Announcements, Purchase Offers and Sales.
These General Conditions prevail over any contractual or non-contractual document specific to the Seller or specific to the Buyer.
8.5. The Cargo has the right to modify the present General Conditions according to the evolution of its offer and the market. The User therefore undertakes to regularly consult the General Conditions of the Site to be aware of the modifications made there. In the event that the User does not accept them, he may delete his account.
The modifications will take effect immediately for online offers as soon as they are notified to Users by any means chosen by Le Cargo.
8.6. This contract is concluded between Le Cargo and the User for an indefinite period. It may be terminated by notification at any time and without cause by either party.
8.7. These Terms and Conditions do not create any agent, subcontract, joint venture or employee-employer relationship between Le Cargo and the User.
8.8. The Site, its contents, its catalog, its illustrations texts, its photographs and images are the property of Le Cargo and / or third parties contractually related to Le Cargo, owners of the intellectual property rights of the Site. It is forbidden to reproduce, represent and / or exploit all or part of the Site, its contents, its catalog, its texts illustrations, its photographs and images without prior authorization of Le Cargo, except in the cases limited exhaustively by Article L122-5 of the Intellectual Property Code (french law).
8.9. For any information or question, Le Cargo's Customer Service can be reached via the Customer Service section.
8.10. This agreement is subject to french law. Any dispute with a Member acting in a professional Seller and arising in the course of its interpretation and / or execution is within the jurisdiction of the Commercial Court of Brest, France.