TERMS AND CONDITIONS OF THE WEBSITE
SAS LE CARGO, hereinafter referred to as Le Cargo, with a share capital of € 2025, registered with the NantesTrade and Companies Register under number 828994954, identified under the intra-Community VAT number FR31828994954, whose registered office is in Nantes (44000)- FRANCE, 1 rue Du Guesclin, 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. Note concerning the purchase of decorations, badges and military uniforms: no one is supposed to ignore the law and the Company Le Cargo reminds users of the Site the following articles of French law, available here https: //www.legifrance.gouv.fr : article433-14, R643-1 modified by decree n ° 2010-671 of June 18th, 2010, art-4 of the penal code and the article D4137-2 of the code of the defense dating from 2008.
8.10. For any information or question, Le Cargo's Customer Service can be reached via the Customer Service section.
8.11. 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 Nantes, France.
TERMS AND CONDITIONS - SPECIAL AUCTION SERVICE
Please read carefully, as a User, these Terms and Conditions so that you know what your rights and obligations are when using LE CARGO Auction Service.
1 Definitions : In these Terms and Conditions, the following terms have the following definitions :
1.1 Buyer: the User who enters into a Purchase Agreement with a Seller via the LE CARGO Online Platform.
1.2 Attribution: The fully automatic message sent to the Buyer stating that he has made the highest bid, and that he has thus purchased the Lot.
1.3 LE CARGO: The simplified joint stock company (SAS), whose head office is at 1 rue Du Guesclin 44000 - NANTES (FRANCE) and whose RCS number is: 828994954
1.4 Purchaser's fee :The percentage of the Purchase Price communicated by LE CARGO on the Online Platform that the Buyer will have to LE CARGO company after the allocation for the use of the Service, if applicable VAT included.
1.5 Seller's commission: the percentage of the Purchase Price as communicated by LE CARGO on the Online Platform, which the Seller shall pay to LE CARGO company for use of the Service, plus VAT and exempt from any taxes (such as withholding taxes), duties and levies that may be due, which will be subtracted from the payment of the Purchase Price.
1.6 Account: the personal section on the Online Platform containing the (personal) data entered by the User or requested from the user's social media account (s), created by the User during his / her registration for the Service, and also managed by the User.
1.7 Consumer: a User who is a natural person who uses the Service, or concludes as Buyer a Purchase Agreement for purposes not related to his business, business, craft or professional activities.
1.8 Purchase Agreement: a purchase agreement entered into through the Online Platform between the Seller on the one hand and the Purchaser on the other hand, relating to a given Lot.
1.9 Intellectual Property Rights: all Intellectual Property Rights and associated rights, such as copyrights, trademark rights, patent rights, model rights, trade name rights, copyright database and related rights, as well as rights in know-how and related services.
1.10 Online Auctions: automated online auction of Lots offered by Sellers on the Online Platform.
1.11 Third Party Service Providers: A third party entity, not affiliated with LE CARGO company, that manufactures or delivers certain products, services, applications or web sites that are available to you on our Online Platform, such as other (but not only) payment or delivery services. Your use of these products, services, applications or websites is governed by and follows the Terms and Conditions and Privacy Act of the Third Party Service Providers.
1.12 Information: all material and information placed by CARGO on the Online Platform, or made accessible through the Online Platform. User's Hardware is excluded.
1.13 Lot: One or more products or services offered by a Seller on the Online Platform.
1.14 User Materials: Information on the Online Platform provided by Users, or made accessible or published via the Online Platform by Users, including - but without limitations - Lots, lot descriptions, photos, specifications, notices, advertisements, messages, offers and / or releases.
1.15 Offer: the amount proposed by a User for a Lot, including, where applicable, VAT and the fees payable to the Seller, excluding the Buyer's Commission.
1.16 Online platform: the digital environment of LE CARGO and where Users have the opportunity to access the Service through the software developed and offered by LE CARGO, accessible via the Internet including via www .lecargo.co and www.lecargo.market, as well as mobile versions of these websites, all computer software and all other (mobile) applications with which the Service may be used, including on mobile devices such as smartphones and tablets.
1.17 Purchase Price: the amount of the highest Bid that the Buyer owes to the Seller.
1.18 Reserve Price: the minimum price that is not shown (secret), which a Seller has indicated that he wishes to receive for his Lot.
1.19 Service: the services offered by LE CARGO through the Online Platform, visible and described on the Online Platform and in these Terms and Conditions, including the services that Sellers may use to sell Lots by means of an automated online auction, as well as related complementary services. For any associated additional services, such as payment services, which are provided to you through the Online Platform, LE CARGO may use Third Party Service Providers. You may be informed of the use of these Third Party Service Providers at any time when you use our Service.
1.20 User: any natural or legal person who creates an Account, uses the Service or goes to the Online Platform without registering.
1.21 VAT: Value-added tax as described in the Council of the European Union's Directive 2006/112 / EC of 28 November 2006 on the common system of value added tax and all other similar taxes.
1.22 Seller: the User who offers one or more Lots for sale on the Online Platform.
1.23 Professional Seller: a User who uses the Service to sell Lots in the course of his commercial, business, craft or professional activities and has provided LE CARGO (i) with a VAT identification number or (ii) if the Seller does not have a VAT identification number, other proof that he uses the Service to sell Lots in the course of his commercial, business, craft or professional activities. A 'Pro' label will appear next to the user name for Lots offered by Professional Sellers.
2 Applicability and Changes to the Terms and Conditions
2.1 The Terms and Conditions apply to any use of the Service or the Online Platform. By using the Service, by visiting the Online Platform and / or accepting these Terms and Conditions when creating an Account, the User agrees to these Terms and Conditions. The applicability of any other general conditions is excluded.
2.2 The French version of these Terms and Conditions is the original version, all other versions are translations only. In the event of a conflict between the provisions of the different language versions of these Terms and Conditions, the French language version shall prevail. All (legal) terms and concepts used in these Terms and Conditions must however be interpreted in accordance with French law.
2.3 LE CARGO has the right to modify or supplement the General Terms and Conditions at any time by posting changes to the Terms and Conditions on our Online Platform. The most recent version of the Terms and Conditions can be found on the Online Platform. If a modification or addition has a significant impact on Users' rights and obligations, LE CARGO will inform them by e-mail, or bring the changes to the attention of Users when using the Service.
3.1 The User acknowledges that the Service and the Online Platform only include features and other characteristics as found at the time of use ("as is"). LE CARGO expressly excludes explicit and implicit warranties, covenants and declarations of any kind, including but not limited to those relating to the quality, safety, lawfulness, integrity and fairness of the Service.
3.2 The User agrees that the functionality of the Service and the Online Platform may change.
3.3 Sellers offer Lots on the Online Platform, and Users buy these Lots directly from Sellers. LE CARGO only acts as an intermediary and assistant by offering an online platform and complementary services. LE CARGO can not exercise any control or responsibility over the quality, safety, legality or accuracy of the proposed Lots, the competence of the Sellers to sell Lots, and the ability or opportunity of the Buyers to buy Lots.
3.4 The User acknowledges and accepts the special circumstances that may arise in an auction on the Internet, and the (technical) deficiencies that may arise for this purpose. In this regard, it is important to consider, among other things, - but without limitation - the impossibility of being able to (fully) access the Online Platform, to formulate an Offer or to formulate it in time, to failures at the level of of the Online Platform or underlying software, network or software connections. Maintenance activities at the Online Platform or underlying system level may also impede access (unlimited) or (tentative) formulation of an Offer. LE CARGO disclaims any liability for any damage suffered by the User as a result of such (technical) deficiencies.
3.5 Different, modified or complementary rules to those stipulated in these Terms and Conditions may be applicable to (the sale and / or purchase of) certain Lots. These will be mentioned as much as possible with the corresponding Lot on the Online Platform.
3.6 Notwithstanding any other provision of these Terms and Conditions, the User acknowledges and agrees that the Lots belong to the Seller and not to LE CARGO company. No Purchase Agreement is entered into between LE CARGO and the Buyer, and LE CARGO does not transfer any proprietary rights of the Seller to the Buyer.
3.7 In order to secure its own rights and those of other Users, eg. in the event of a breach of these Terms by a User, LE CARGO will at any time have the right, at its discretion, to suspend the payment of all the funds of the Users in question, to compensate for any (future) claim that LE CARGO may have, and if necessary, to freeze balances that these Users may have in any account linked or associated with these Users. Insofar as the suspension of payments, the compensatory claims or the freezing of funds are regulated by a compulsory (consumption) right, LE CARGO can only act in compliance with this mandatory law.
4 Registration to the Service
4.1 For optimal use of the Service, the User must create an Account as described on the Online Platform. The User may also connect via some third party services, such as a Facebook or Google account. The User warrants to LE CARGO that the information he provides when creating his Account is exhaustive, reliable and up-to-date. At the time of registration, the User must provide a username and password, which allow him to access the Account.
4.2 Professional Sellers are required to report their professional status by identifying themselves as such when creating their Account. The User agrees to be reported as a Professional Seller for any use made through such an Account. LE CARGO is entitled to change the status of the Accounts if it deems it reasonably necessary, as in the case where a Professional Seller has not registered as such.
4.3 The User is required to comply with all applicable tax laws and regulations, and to register correctly in this respect at the time of registration, providing all necessary data The User assumes full responsibility for the consequences the communication of incomplete or inaccurate information regarding its tax position, and holds entirely to cover LE CARGO for any third party claim, including the tax, and all damages and associated costs that may arise, claims, damages and expenses which will be directly recovered by LE CARGO from the User
4.4 It is forbidden to create an Account on behalf of a third party and / or to provide false information. It is forbidden to connect through third-party service accounts of others or to allow others to login on the User's behalf.
4.5 The User is himself responsible for the confidentiality of his username-password combination. The User assumes also the responsibility of the use of the Service by means of his username and password, and keeps covered LE CARGO for any damage likely to result from an abuse or the use his username and password. LE CARGO can assume that the User is actually the one who logs in with the username and password of the User.
4.6 As soon as the User knows or has reason to believe that a User Name and / or Password is in the hands of unauthorized persons, he must inform LE CARGO, without prejudice to his own obligation to take immediately himself effective measures, such as changing his password.
4.7 In principle, everyone can register at LE CARGO. If the User is under 18 years old, however, he / she needs the authorization of his / her legal representative (guardian or (one of) parents). By accepting these Terms and Conditions, the User guarantees that he is at least 18 years old or has obtained the authorization of his legal representative (s) for the creation of his Account.
4.8 LE CARGO reserves the right to modify the registration and login procedure, the password, the username and / or certain information of the User if it deems it necessary in the interest of LE CARGO, third parties, or the operation of the Service.
4.9 LE CARGO reserves the right to deny Users the right to register and participate in an Online Auction and / or to terminate this right unilaterally.
5 Lot Offer
5.1 To be able to sell Lots through the Online Platform, the User must complete, among other things, his address in his Account.
5.2 Lots will be deemed suitable for sale through the Online Platform based on, among other things, attractiveness, rarity and possible revenue as well as demand for a particular type of Lot. Lots can be rejected at auction without giving reasons.
5.3 By offering the Lot, the Seller must provide clear and understandable information about the proposed Lot. In any case - but without limitation - the following materials and information are involved:
(i) Correct, complete and accurate description of the proposed Lot;
(ii) Information on the status and qualification of the Lot, including whether it is a merchandise with a margin under the VAT legislation;
(iii) One or more clear photographs showing the current state of the Lot (including its defects or deficiencies), its characteristics and other particularities;
(iv) A starting price (more than 50 € inc. VAT) a possible Reserve price (confidential)
(v) An indication of the actual shipping costs according to shipping areas accepted by the Seller;
(vi) The existence and terms of assistance to the Buyer after the sale (if applicable) and any guarantees;
and (vii) other conditions possibly related to the offer.
5.3. Seller agrees that LE CARGO may propose or make changes or additions to the description of the proposed Lot. The Seller, however, has the opportunity to control the description so modified before the online auction starts, if it makes use of this possibility, it will ensure that the Lot is consistent with its description and will cover LE CARGO against any claim of the Buyer as to non-compliance in this respect.
5.4 LE CARGO disclaims all liability or liability to other Users for the description of the Lots, including the information and statements of the Seller referred to in Article 5.3.
5.5 The Seller warrants that it is the rightful owner or is authorized to sell the Lots it offers on the Online Platform and that by offering and selling a Lot, it does not contravene any law or regulation, none third party rights, including rights of agreement and intellectual property rights, does not act fraudulently in general or otherwise acts unlawfully and / or fraudulently against third parties or LE CARGO. The Seller indemnifies LE CARGO against any claim, made by the Buyer or by third parties regarding the legality of the sale of a Lot, or related to any violation of this article, and against any damage and related costs. The Seller also guarantees that the offer and sale of the lot is a genuine and authentic transaction. More specifically, the Seller guarantees that the Lot is not offered as part of a false transaction, allowing the Buyer and / or third parties to transfer an amount and launder the money involved.
5.6 In certain cases, LE CARGO may refuse to include a Reserve Price for a given Lot.
5.7 LE CARGO has the right to translate the texts associated with a Lot so that it can also be offered in other countries, also using automatic translation systems. LE CARGO may, at its discretion, terminate this Agreement on behalf of a User who has been manifestly negatively affected by a translation error, if no other solution has been found with the User. This is the only recourse of the User.
5.8 In the event that LE CARGO is informed of an incorrect translation of the Lot while the Lot is still at auction, CARGO may, at its discretion, adjust the description of the Lot or withdraw the Lot from the Auction.
5.9 Articles 5.7 and 5.8 will only apply if the description of the Lot has been manually translated by LE CARGO. LE CARGO accepts no responsibility for any errors in the texts due to these automatic translations. The possibility of having an automatic translation of the Lot description can be found on the description page of this Lot.
5.10 Lots may be withdrawn by the Seller until they are posted on the Online Platform and until they become visible to other Users. The conditions associated with the offer by the Seller can no longer be modified by the Seller. If, notwithstanding the above provisions, a Lot is nevertheless withdrawn from the Online Auction at the Seller's request, the Seller assumes full responsibility for the damage caused. At the request of LE CARGO, the Seller (before the possible cancellation of the Auction Lot) must provide documents, records or other evidence supporting the reason of his removal request. It is only after receiving sufficient evidence, that LE CARGO may, at its discretion, consult the best bidders and withdraw the lot from the auction.
5.11 All Lots offered for sale on the LE CARGO Platform must be related to the world of yachting (boats) and water sports equipment. LE CARGO reserves the right to refuse the auction of a Lot that does not respect this condition.
5.12 Lots are exclusively offered by the Seller on the LE CARGO Online Platform and therefore can not (or no longer) be offered through other sales channels. The Seller will remove the Lots from other websites, including auction platforms, online markets and its (own) online stores.
5.13 When a lot is put online at auction, if the Lot is about nautical equipment, an amount of 2 euros is charged to the Seller's bank card when he registers his ads, via the STRIPE secure transaction software, .
6 Conduct of Online Auctions
6.1 Users are required to follow all instructions and instructions regarding an online auction by or on behalf of LE CARGO company. In the event of situations not provided for in these Terms and Conditions at the time of Online Auction and / or in the event of a dispute between Users or other irregularities, the final decision shall rest with LE CARGO.
6.2 LE CARGO is entitled to prevent, temporarily or permanently, at any time before, during or after an Online Auction, Users to offer Lots, and Users to formulate an Offer for Lots.
6.3 LE CARGO reserves the right to withdraw an Offer in an on-line auction if it deems it necessary, eg. in case of abuse or possible fraud and in case of obvious error of the bidder.
6.4 For certain (categories of) Online Auctions or certain Lots and / or in the case of Offers from certain amounts, LE CARGO is entitled to set as a condition for the publication of the Offers that the Users pay it a deposit amount it has determined or provide another payment guarantee.
6.5 It is possible to participate in Online Auctions for the duration determined on the Online Platform. For this purpose, Users can use the "automatic offer" function (function not available on 2021), which makes it possible to make automatic offers without further intervention by the User up to a maximum amount set by him. The amount that the User must increase at least one Offer depends on the Highest Offer applicable at that time. The minimum bid stages are mentioned on the Online Platform. If an Offer is still made during the last minute of the Online Auction, additional time will be added to the duration of these Online Auctions.
6.6 Tenders may be in various currencies for Lots. Offers are displayed on the Online Platform, rounded up. This can have an effect on the amount of the minimum bid steps. The Purchase Price may also be rounded to whole numbers before being paid to the Seller. Numbers are automatically rounded up or down according to certain pre-set limits
6.7 At the beginning of each Online Auction, the exchange rate applied for the sale of Lots on the occasion of the corresponding Online Auction is the one prevailing at the time of the auction launch. This means that each Offer made during the Online Auction is made at that fixed exchange rate.
6.8 Sellers agree to be paid in their own currency at a Purchase Price lower (or higher) than the price they would have received by applying the exchange rate in effect at the time the Online Auction closed or at the moment of payment of the Purchase Price.
6.9 Each offer is deemed to have been made by the one through the Account from which the Offer was made. The User is therefore always personally bound by the Offers made through his Account vis-à-vis the Seller, even if a third party makes offers through his Account.
6.10 The Buyer acknowledges and agrees that if a Reserve Price has been set by the Seller, no Purchase Agreement is entered into if the Highest Bid is less than this Reserve Price.
6.11 Except in the case where the User acts as a Consumer and buys a Lot from a Professional Seller and the exceptions to the right of withdrawal referred to in Article 8.12 are not applicable, and subject to specific situations that will be described in the Online Auctions in question, a Formulated Offer is unconditional and irrevocable, regardless of whether the User makes use of the "automatic offer" feature.
The User can not invoke typos or errors.
6.12 The Seller is not authorized to make an Offer for Lots it offers itself and / or to instruct others to make an Offer
6.13 In the event that the Purchase Agreement is concluded as a result of the Automatic Allocation, LE CARGO is not a party to the Purchase Agreement.
6.14 Additional terms and conditions applicable to the offer of Lots and / or the formulation of Offers may be mentioned on the Online Platform and / or in messages (e-mails) of LE CARGO.
7 Sales Rules for Professional Sellers
7.1 The Seller is required to honestly indicate whether he is offering Lots as a professional or not. If the Seller does not act as a professional, he is required to indicate that he is a "Private Seller". Professional Sellers are required to register as such and provide LE CARGO with a valid VAT identification number. Or, if the Seller does not have a VAT identification number, other proof satisfying LE CARGO that he uses the Service in the context of commercial, corporate, craft or professional activities.
7.2 If the Seller is a Professional Seller, he acknowledges and agrees that Consumers who reside in a country within the European Economic Area are entitled in certain cases to terminate the Purchase Agreement within the legal period in force at that time. respect. The Seller will bring all its collaboration in the manner described by LE CARGO.
8 Consumer Rights
8.1 Consumers have a legal guarantee of conformity of the Lots.
8.2 Consumers who reside in a country within the European Economic Area and who purchase a Prize from a Professional Seller are entitled, for a period of 14 days (cooling-off period), to withdraw from the purchase without having to provide reasons in accordance with the legal right of withdrawal provided for in Article L121.20 / 12 of the French Code, or on the basis of a foreign law that may be applicable for the purposes of Article 9 of Directive 2011/83 / EU on consumer rights. The Professional Seller is entitled to request the reasons for such withdrawal from the Buyer, but can not oblige the Buyer to respond.
8.3 The cooling-off period provided for in article 8.2 shall take effect the day after the receipt of the Prize by the Consumer or a third party, other than the carrier, previously designated by the Consumer, or:
(i) When the Lot is delivered on several shipments: the day the Consumer or a third party designated by him has received the last shipment;
(ii) When a Lot is delivered in several consignments or parts: the day on which the Consumer or a third party designated by him has received the last item or item;
(iii) For contracts for the regular delivery of Lots during a given period: the day on which the Consumer or a third party designated by him has received the first Lot.
8.4 The Consumer is obliged to treat the Lot and its packaging carefully during the cooling-off period. The Consumer will only unpack or use the Lot to the extent necessary to establish the nature, characteristics and operation of the Lot. The principle here is that the Consumer can only use and inspect the Lot as he could in a store.
8.5 The Consumer is solely responsible for any depreciation of the Lot as a result of processing that is not in accordance with that authorized under Article 8.4.
8.6 If the Consumer uses his / her statutory right of withdrawal in accordance with Article 8.2, he / she shall report it during the cooling-off period using the Model withdrawal form, via the online form on LE CARGO website, in the customer area, or in another unequivocal way
(i) to the Seller, if the Seller's data is known at that time from the Buyer, or (ii) if it is not the case, to LE CARGO, who will then attempt a retraction on behalf of the Professional Seller . The receipt of the notification will be confirmed. LE CARGO shall inform the Professional Seller of the retraction in the situation referred to in subparagraph (ii) of this Article.
8.7 As soon as possible, but within 14 days of the notice provided for in article 8.6, the Consumer returns the Lot to the Seller or gives it to him, unless the Seller has proposed to recover the Lot. .
8.8 The Consumer returns the Lot with all delivered accessories, if reasonably possible in its original condition with the packaging, and in accordance with the reasonable and clear instructions provided by or on behalf of the Seller.
8.9 The Consumer assumes the direct costs of the return of the Lot.
8.10 In the situation referred to in Article 8.6 (ii), and to the extent that the Seller has not yet been paid, the Purchase Price must be refunded to the Consumer, including any delivery charges, but only after that the Professional Seller has received the Lot in its original state. In the event that the Purchase Price has already been paid to the Professional Seller and / or in the situation referred to in Article 8.6 (i), the Professional Seller shall refund the Purchase Price, any delivery costs. included.
8.11 The risks and the burden of proof for the proper and timely exercise of the right of withdrawal accrue to the Consumer.
8.12 The following products and services are excluded from the right of withdrawal:
(i) Products or services whose price is related to fluctuations in the financial market, over which the Professional Seller has no control, and which may occur during the withdrawal period
(ii) Service contracts, once the Service has been completed, but only: a) if they have been performed with the express prior consent of the Consumer; and b) if the Consumer has declared that he has lost his right of withdrawal once the Professional Seller has fully applied the contract;
(iii) contracts for leisure activities, if the contract provides for a specific date or period of performance;
(vi) Products and services sold as part of a forced sale;
(vii) Products and services requiring the establishment of contracts with a notary;
(viii) Products manufactured in accordance with the Consumer's specifications, not prefabricated and manufactured on the basis of an individual choice or decision of the Consumer, or visibly intended for a specific person;
(ix) Products that deteriorate rapidly or have a limited shelf life;
(x) sealed products which can not be returned for reasons of health protection or hygiene, or which have been opened after delivery;
(xi) Products which after their delivery have been irrevocably mixed with other products because of their nature;
(xii) newspapers, magazines or magazines, excluding subscriptions to them;
(xiii) The delivery of digital content other than on a physical medium, but only: a) if it began with the express prior consent of the Consumer; and b) if the Consumer has declared that he loses his right of withdrawal.
9.2 After the closing of the Online Auction, the Buyer must pay to / via THE CARGO the Purchase Price and the Purchaser's Commission by following the payment instructions within a maximum of 48 hours for the nautical equipment and 7 business days for boats, after this deadline, the contract purchase will be terminated. The Buyer ensures that all net amounts are collected and therefore assumes responsibility for all (bank) fees, levies (such as withholding taxes), duties and taxes owed to it. The Buyer guarantees that he does not buy the Lot in the context of a false transaction, which enables him and / or third parties to transfer the total or partial purchase price and to launder the money in question.
9.3 By buying a Lot at LE CARGO auction, the User does not benefit from a suspensive condition for obtaining a loan (Article L. 312-16 of the French Consumer Code). In concrete terms, if the User needs a credit to finance the purchase of the goods and this credit is subsequently refused to the User, the sale remains valid. The User must be sure of its financing before bidding.
9.4 The User agrees that LE CARGO issues invoices on behalf of the Seller, and sends them to the extent that the issuance of invoices is mandatory on the basis of the legislation and regulations in force. The Seller assumes responsibility for the accuracy and completeness of the invoice at all times and LE CARGO is not responsible for this.
9.5 If the Purchaser does not pay the Purchase Price and the Purchaser's Commission within the aforementioned payment period, he is automatically in default with regard to the company LE CARGO and the Seller, without any formal notice is required. From the moment the Buyer is in default, he is liable for interest equal to the commercial interests of right. LE CARGO will send at least one final payment reminder, also on behalf of the Seller, regarding the amount due. In the absence of payment, LE CARGO may entrust the claim to a bailiff, also on behalf of the Seller.
9.6 The dissolution of the Sales Contract due to the Buyer's failure to meet its payment obligation shall not affect the Purchaser's liability to pay the Purchaser's Commission.
9.7 In the event of termination as a result of the Purchaser's breach of its obligation to pay, the Purchaser assumes responsibility for all damages and expenses caused to LE CARGO company, which in any case amount to the amount of blue card impression, a lump sum of 500 euros, if the Lot concerned is a boat, sailboat or motor boat.
9.8 The Purchase Price will be paid to the Seller (after deduction of the Seller's Fee) only after the Buyer has paid the Purchase Price and the Purchaser's Fee. For the marine equipment, the Purchase Price (after deduction of the Seller's Commission) will be paid within 14 days after the dispatch of the Lot or when the Lot has been recovered by the Buyer in accordance with Article 10 For the auction of second-hand boats, the Purchase Price (after deduction of the Seller's commission) will be paid within 7 days after receipt of the Buyer's payment on the CARGO PAYPAL account. Notwithstanding the foregoing payment may be suspended, in particular where the Purchaser has notified a dispute because of, for example, alleged damage or non-compliance of the Lot.
For Bids for Large Lots, the User must remember to have his Credit Card removed from his bank or to ensure that you have a pre paid bank account.
10 Delivery and recovery of lots
10.1 Unless the Buyer and the Seller have agreed to the Buyer's recovery of the Lot, the Seller is obliged to send and deliver the Lot to the Buyer in accordance with the Purchase Agreement and the conditions communicated. beforehand by the Seller.
10.2 The Seller is bound to deliver the Lot to the Purchaser who has benefited from the Attribution to the description and conditions as set by the Seller when submitting the Lot and without prejudice to the provisions of Article 8. The Seller shall ship the Packaged Lots carefully to the Purchaser within three (3) business days of receipt by Seller of the confirmation of payment from LE CARGO, unless it has been agreed that Lots would be recovered by hand. If the shipping charges are lower than those mentioned in the Online Auction, the Seller shall reimburse the Buyer for the eventual overpayment of such shipping charges.
10.3 The Seller is obliged to ship the Lot from the address indicated on his Account. In the event that the Seller dispatches the Lot from a different address, the additional costs (eg import fees) may be the responsibility of the Seller, such costs not having to be paid by the Buyer if the Lot had been sent from the address indicated on the Seller's Account. The Seller may only change the status of the shipment after the seller has actually shipped the Lot or after the buyer has actually withdrawn the Lot.
10.4 Lots sold must be shipped with a tracking and tracing system and if possible insured during transport.
10.5 The address given by the Buyer is valid as the place of delivery. The risk of damage and / or loss of Lots is the responsibility of the Seller until the moment of delivery to the address communicated by the Buyer.
10.6 LE CARGO has the right to consider the signature for receipt and / or confirmation of delivery recommended with acknowledgment of receipt at the delivery location as proof of receipt by the Buyer. Seller agrees that LE CARGO has the right not to accept any other proof of receipt. This provision does not in itself grant rights to the Seller. If a Lot does not arrive correctly, the Buyer and the Seller are obliged to cooperate with the transport agency conducting the investigation, in case they can not find a solution between them. An ongoing investigation does not affect the right of LE CARGO to decide whether the purchase price will be refunded to the buyer or paid to the seller in accordance with Article 10.14.
10.7 In the event Seller fails to fulfill its obligation to deliver properly, fully and in time, pursuant to this Section 10, even after formal notice of default, the Seller is in default and the Purchaser is entitled to terminate the Purchase Agreement. The formal notice and the declaration of termination may be sent to the Seller by LE CARGO on behalf of the Buyer, but LE CARGO is not obliged to do so. In this case, the Seller is obliged to compensate the Buyer for the damage, without prejudice to any other right, in which case the Seller, and not LE CARGO, is obliged to refund the Purchase Price which has already been received. .
10.8 Termination of the Purchase Agreement due to the Seller's failure to meet its delivery obligation (which includes, but is not limited to, the failure to deliver a Lot in accordance with the Lot description) n does not affect the Seller's liability to pay the Seller's commission. In such a case, the Seller assumes responsibility for all damages and expenses caused as a result for LE CARGO. In addition, the Seller will owe LE CARGO a penalty immediately payable of 15% of the Purchase Price. The sentence is not subject to mitigation (judicial).
10.9 The Buyer is required to receive or reclaim the Prize within the deadlines mentioned on the online platform. If no deadline is mentioned or agreed upon, the Purchaser is required to receive or reclaim the Lot within a reasonable time, which can in no case be greater than two weeks (from the date of the closing of the online auction in question).
10.10 If the Purchase Agreement is terminated due to a breach of the Buyer's obligation to cooperate with the delivery or recovery, this does not relieve the Buyer from paying the Buyer's Commission. In this case, the Buyer assumes responsibility for all damages and expenses caused accordingly for LE CARGO. In addition, the Buyer will owe LE CARGO a penalty immediately payable of 15% of the Purchase Price. The sentence is not subject to mitigation (judicial).
10.11 Notwithstanding the provisions of Article 11.3, the Buyer acknowledges and agrees that special rules and / or conditions may apply to cross-border Purchase Contracts, including - but without limitation - customs duties, VAT, import levies and customs clearance fees. The Buyer must be aware of these rules before concluding the Purchase Agreement. Any additional costs related to the above provisions are exclusively the responsibility of the Buyer.
10.12 Any claims and disputes between the Seller and the Buyer must be reported as soon as possible to LE CARGO company. Although the Buyer and the Seller must in principle resolve disputes between them, LE CARGO will, if necessary, do its best to act as an intermediary between the Seller and the Buyer. If the Seller and the Buyer do not reach an agreement, and if LE CARGO still has the amount of the Lot, they hereby agree that LE CARGO has the right to finally decide to return the Purchase Price to the Buyer or pay it to the Seller. LE CARGO will not be liable for any compensation or compensation to the Buyer or the Seller. LE CARGO is not a party in case of dispute.
11 Use of the Service
11.1 Any use of the Service and the Online Platform is at the risk, at the expense and is the responsibility of the User.
11.2 By posting the User's material on the Online Platform or by making it available through the Service, the User warrants that:
(i) It is entitled to do so, and to grant to LE CARGO the rights as provided in these Terms and Conditions;
(ii) the User's Material that he makes available:
a) Is not misleading;
(b) Is not discriminatory in appearance, race, religion, sex, culture, origin or otherwise offensive, does not incite violence and / or harassment of another person or other, and is not contrary, in the opinion of LE CARGO, to good morals or good taste, is not brutal, contains no link to material or pornographic websites and does not encourage any illegal activity;
c) Does not contain any personal data of third parties;
d) Does not contain any strings, spam or spam and does not include links to commercial or non-commercial websites;
e) May not have any adverse effect on the honor or reputation of LE CARGO, its related companies and / or its directors;
f) does not violate any law or regulation or these Terms and Conditions, is in breach of any rights of third parties, including contractual rights, intellectual property rights, privacy rights, or otherwise; unlawful vis-à-vis third parties or LE CARGO;
(iii) LE CARGO is thus not bound by any payment, tax, levy or withholding of any kind whatsoever or to any person, including persons and parties whose work, model, brand or realization are included in the User's Material, including to collective rights organizations.
11.3 By using the Service, the User is required to comply with all national, European and international regulations concerning - among other things, but without limitation - his activities relating to his bids, the offer, the purchase and the sale of Lots via the Online Platform.
11.4 The User may not process any personal data of other Users without the authorization of the latter, nor include them in a mailing list without their express authorization, or approach them for this purpose on their own initiative. The User may not use the contact details of other Users to send unsolicited communications. The User owes a penalty of 1000 euros (thousand euros) directly to LE CARGO for each infraction of this provision.
11.5 The User warrants that by using the Service:
(i) He will not bypass or manipulate the LE CARGO Online Platform and Billing Process, for example by contacting other Users or third parties directly to enter into a Purchase Agreement outside of LE CARGO. In the event of a breach of this provision, all Users involved in the circumvention or manipulation will be strictly required to indemnify LE CARGO for all damages suffered as a result and the costs incurred by LE CARGO, the amount of which will rise in all case to the Commission of the Buyer and that of the Seller lost by LE CARGO, if the Lot has been sold;
(ii) He will not use any viruses, trojans, worms, bots, or other software or technical means that may harm the Service or the Online Platform, or make the Service or Platform available online inaccessible or intended to circumvent technical protection measures;
(iii) He will not do anything that may unreasonably and / or disproportionately affect the Service's infrastructure and / or impede the functionality of the Service;
(iv) He will do nothing to manipulate or undermine LE CARGO review system;
(v) He will not use any application monitoring the Service and / or copying parts of the Service.
11.6 The User owes LE CARGO a penalty of 1000 Euros (1000 Euros) for any infringement of Article 11.5 and for any day, including part of the day, where such an infringement persists, all without prejudice to the right to LE CARGO to recover the damage actually suffered.
11.7 All technical resources necessary to use the Service, including but not limited to hardware and internet access, as well as the cost of their use, are the sole responsibility of the User.
12 User's equipment
12.1 The User retains all Intellectual Property Rights on his User's Equipment, but hereby grants to LE CARGO a free, unencumbered, worldwide, non-exclusive, perpetual and irrevocable license to disclose and / or reproduce his Material. the User for any purpose that it deems necessary, including - but without limitation - for promotional purposes.
12.2 The User grants among others to LE CARGO under the aforementioned license, but without exclusion,
(i) the right to (translate) (automatically) the User's Equipment,
(ii) the right to have the User's Material printed and / or used in the (social) media and
(iii) the right to use the User's Materials for promotional purposes.
12.3 The User hereby waives, in so far as is applicable and possible, his moral rights to the User's Equipment.
12.4 The User understands and admits that he is responsible for and assumes the civil liability of the User's Equipment that he publishes on the Online Platform and makes it accessible using the Service.
12.5 The User understands and agrees that LE CARGO has no obligation to check or review the User Equipment of other Users. LE CARGO has no knowledge of the content of such User Equipment and therefore disclaims any liability and / or civil liability in this regard.
12.6 If a User believes that a certain Material of another User is illegal, he may report it to LE CARGO. The User will find further information here on how to make a report.
12.7 LE CARGO reserves the right to delete, shorten or otherwise adapt the Online Platform User Material if it deems it necessary without having to assume any liability and / or civil liability with respect to its content, declining all liability for any damage and without being held to the slightest compensation. This Article is without prejudice to the other rights and remedies of LE CARGO, and LE CARGO reserves the right to take other (legal) measures including - but without limitation - the communication of the User's personal data to third parties .
13 Availability and interruption of the Service
13.1 LE CARGO does not warrant that the Service and all elements of the Service and / or the Online Platform will be accessible at all times without interruption or failure. Service disruptions may occur, but not exclusively as a result of disruptions in the Internet or telephone connection, or caused by viruses or errors / faults. LE CARGO disclaims any liability or obligation to indemnify the User for any prejudice resulting from the unavailability (temporary) or (temporary) cut-off of the Service and / or the Platform. line.
13.2 LE CARGO is entitled at any time to make changes and / or procedural, technical, commercial or other improvements to the Service and / or the Online Platform at any time, to decommission (provisionally) the Service. and / or the Online Platform and / or limit its use if it deems it necessary, for example as part of the reasonably necessary maintenance of the Service and / or the Online Platform.
14 Intellectual property rights
14.1 Intellectual Property Rights relating to the Online Platform, the Service, the Information and the Database, including - but without limitation - Intellectual Property Rights over texts, illustrations, design, Photos, software, digital material and other materials belong to LE CARGO or its licensors.
14.2 In accordance with the provisions set out in these Terms and Conditions, LE CARGO grants the User a limited, personal, revocable, non-exclusive, non-assignable right under a (sub) license, non-assignable to use the Service and to consult the Information in the manner and in the format as made available through the Service.
14.3 It is expressly forbidden to copy, disclose, use directly or indirectly for commercial purposes or for any other purpose than the one mentioned in these Terms and Conditions the Service, the Online Platform, the Hardware of the User who does not come from the User and / or Information and / or other data, except with the express written consent of LE CARGO or the right holder concerned for this purpose.
14.4 Unless expressly authorized by a binding law or these General Conditions, or at the request or with the authorization of LE CARGO, the User is not authorized to decompile or reverse engineer the Service. , the Online Platform and / or their source or object code (s).
14.5 LE CARGO may take technological measures to protect the Online Platform or the Service and / or different parts of it. The User can not remove or circumvent these technical protection measures or propose measures in this direction.
14.6 It is forbidden to delete, make illegible, obscure or modify any notices or notices relating to Intellectual Property Rights.
14.7 Nothing in these Terms and Conditions is intended to assign any Intellectual Property Rights to the User. The User may not do anything that is likely to be an infringement of the Intellectual Property Rights of LE CARGO, Users and / or third parties, such as the registration of domain names, trademarks or keywords Google Adwords resembling or identical to any sign on which LE CARGO and / or Users could assert Intellectual Property Rights.
15.1 The collection of (personal) User data, including User Materials and Information, collected by LE CARGO and reproduced on the Online Platform is a legally protected database. LE CARGO is the producer of the database and therefore holds the exclusive right to grant authorization for :
(i) the extraction or reuse of all or a substantial part, qualitative and / or quantitative, of the contents of the database and
(ii) the repeated or systematic extraction or reuse of non-substantial parts from a qualitative and / or quantitative point of view of the content of the database, insofar as this is contrary to the normal exploitation of the database; data or cause unjustified damage to the legitimate interests of LE CARGO.
The User may extract or reuse data from the database only if and to the extent that this is permitted by these Terms and Conditions.
16 Reporting suspected illegal material
16.1 LE CARGO disclaims any liability for any prejudice related to unlawful use of the Online Platform or the Service. LE CARGO is only obliged, under the conditions as set out below, to remove the equipment of the user clearly illegal after receiving such an alert.
16.2 LE CARGO has established a procedure by which the presence of alleged illegal User's Material on the Online Platform or accessibility through the Platform and / or Service to a alleged illicit activity may be reported to LE CARGO.
16.3 LE CARGO reserves the right not to approve a request to block or delete the User's Equipment, or to suspend an activity if there is any reason to doubt the accuracy of the report or the character lawfulness of the certificate provided, or if it is not required to protect its interests. In this situation, LE CARGO may apply in this regard to a court of competent jurisdiction, certifying that the Equipment of the user in question is clearly illegal.
16.4 Before the deletion of any User's Material deemed illegal, LE CARGO may request and the notifying party must provide additional information justifying that the notifying party is indeed the holder of the rights, and LE CARGO may request and the notifying party must provide a signed copy of a statement of indemnification for LE CARGO.
16.5 LE CARGO will in no way be party to a dispute between the User and a third party issuing a report.
16.6 If the User issues an alert, he shall hold LE CARGO and all of its related companies, and its management, directors, employees, representatives and assigns, liable for all third party claims relating to the blocking or deletion of the User or the cessation of activities. This guarantee also covers any damage suffered by LE CARGO, any prejudice that LE CARGO may still suffer or the costs that LE CARGO must incur in the context of such a claim, including - but without limitations - the cost of legal aid. .
16.7 LE CARGO respects and protects the privacy of those who report. All personal information communicated to him in connection with an alert will always be treated with the strictest confidentiality and may only be used for the processing of these reports.
17 Protection of privacy
18.1 LE CARGO disclaims all liability for damages resulting from the provision of the Service, including, but not limited to, damages resulting from, or related to the use of the Online Platform and / or Service, of a unlawful act or otherwise, to the extent that this is permitted under mandatory legal provisions.
18.2 LE CARGO disclaims all liability for any use of services, products, applications or websites made available by a Third Party Service Provider, such as shipping and payment services and / or any problem between a User and a Service Provider. third party services. It is the responsibility of the User to read the terms and conditions and / or privacy policies of these Third Party Service Providers before using them.
18.3 LE CARGO can not, among other things, ever be held liable for any damage suffered as a result of the execution of a Sales Contract by a Buyer or a Seller, including - but without limitation - any prejudice arising as a result of the unfavorable contracts by the User, when Lots are for example paid more or less than the expected value.
18.4 The only action that the User may take if he considers that he has suffered prejudice is to suspend the use of the Service and to cancel his Account, in accordance with the provisions of article 20.
18.5 In the event that despite the above stipulation, LE CARGO was liable for any damage whatsoever, LE CARGO would be liable only for compensation for direct damages suffered by the User as a result infringement or illegal act attributable to LE CARGO. Direct damage refers exclusively to property damage to property, reasonable expenses incurred to avoid or limit direct damage and reasonable costs incurred in establishing the cause of damage, liability, direct damage and method of repair.
18.6 If, and to the extent that LE CARGO is liable for damages in any capacity whatsoever, its responsibilities are limited in all cases to the following maximum amounts:
(i) the total fees collected by LE CARGO from the User concerned during the three-month period preceding the transaction giving rise to liability, or
(ii) 500 euros (five hundred euros).
18.7 This limitation of liability does not purport to exclude LE CARGO's liability for gross negligence or willful misconduct by LE CARGO ("own intervention") and / or its management.
18.8 This Article also applies to all companies related to LE CARGO, as well as to its management, directors, employees, representatives and assigns.
18.9 To be able to benefit from any right to compensation, the User must always report the damage as soon as possible as soon as possible in writing to LE CARGO. Any claim for compensation payable by LE CARGO expires solely because of the lapse of twelve months after the first occurrence of the damage.
19 Warranties and safeguards
19.1 The User is responsible towards LE CARGO, and fully indemnifies THE CARGO for all damages and expenses that LE CARGO would suffer or commit as a result of :
(i) a breach of the Terms and Conditions attributable to the User,
(ii) an intervention by the User when using the Service or
(iii) an unlawful act.
All costs incurred and damages suffered by LE CARGO related in any way to such claims will be reimbursed by the User.
19.2 The User warrants that the User's Material that he shares through the Service is neither affixed nor encumbered with any Intellectual Property Rights of third parties, that he is in breach or contrary to any rights of third parties, and that its use is not otherwise unlawful vis-à-vis third parties.
19.3 The User shall hold LE CARGO cover for any claim by third parties for any reason whatsoever concerning compensation for damages, costs, interest, taxes, taxes and / or deductions related to or arising from User's Materials, use of the Online Platform, the Service, and / or any breach of these Terms and Conditions and / or any rights of third parties including, but not limited to, Rights intellectual property.
19.4 The safeguarding obligations of this Article shall also apply to all companies related to LE CARGO, as well as to its management, directors, employees, representatives and assigns.
20 Duration and termination
20.1 The User is entitled to suspend his use of the Service and to delete his Account at any time. LE CARGO is entitled to refuse the deletion of its Account if the User still needs to fulfill certain obligations (payment or delivery for example) vis-à-vis of LE CARGO or other Users or in the case where it is possible that a complaint related to recently sold lots may still be filed.
20.2 If the User does not comply with these Terms and Conditions, LE CARGO is entitled, in addition to any other (legal) means at its disposal, to limit, suspend or inactivate immediately, in whole or in part, whether temporarily or no, the User's activities related to the Service, suspend and / or delete provisionally or permanently his Account, issue a warning, terminate the Service or refuse to provide the Service to the User. LE CARGO rejects in this respect any responsibility or obligation of compensation towards the User.
21 Miscellaneous, applicable law and competent judge
21.1 French law shall apply to the General Terms and Conditions, the use of the Online Service and Platform, any dispute arising therefrom, and any Purchase Agreement between Sellers and Buyers, unless contrary provision or by virtue of mandatory laws.
21.2 Users acknowledge that the rules of international private law may lead to the application (also) of another right than French law to transactions with other Users, including transactions with Consumers.
21.3 For any dispute between the User and CARGO, the judge of the jurisdiction of the Commercial Court of Nantes (France) is competent, unless a mandatory legal provision states that the dispute must be presented to another judge. With regard to the Consumer, for any dispute, the judge of the jurisdiction of the Commercial Court of Brest (France) has jurisdiction, unless the Consumer chooses for a court that would be competent by law within a period of one months after the written appeal to this provision by LE CARGO.
21.4 It is also possible to decide, in mutual consultation, that a Consumer presents a dispute with LE CARGO or with another User to an out-of-court dispute resolution body. Such consultation will be conducted in good faith by LE CARGO, but LE CARGO can never be obliged to submit to such procedures.
21.5 LE CARGO is entitled to assign the rights and obligations arising from these Terms and Conditions to third parties and will inform the User. If the User does not approve this assignment of obligations to a third party, he may stop using the Service and delete his Account, in accordance with Article 20.
21.6 If any provision of these Terms and Conditions is void in whole or in part or is invalid for any reason, the User and LE CARGO remain bound by the remaining part of the Terms and Conditions. LE CARGO will then replace the void and / or invalid part (with respect to the specific User or the specific situation) with valid clauses whose legal effects, as seen in the content and scope of these Terms and Conditions, correspond as much as possible to those of the invalid part.
Commission fees for the Seller for a sale of nautical equipment: 7.5% inc. VAT
Commission fees for the Seller for a sale of boats: 3% exc. VAT for a professional seller, 4.5% inc. VAT for a private seller
Commission fee for the Buyer for a sale of nautical equipment: 7.5% inc. VAT
Commission fee for the Buyer for a boat sale: 7.5% inc. VAT
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