Terms & Conditions
(August 23, 2021)
The PLGRND platform (hereinafter the “application”) is managed and hosted by the company PLGRND (hereinafter “PLGRND”), located at 50 rue Molière 93100 Montreuil, registered in the Bobigny Trade and Companies Register under number 533 960 860.
Buyer – means any User who purchases or wishes to purchase one or more Items on the Application.
Items – means goods/items whose commercialization is not prohibited under the applicable national law, and which are added by the User to the corresponding Application’s Catalog, for the purpose of selling, exchanging, or donating them.
Catalog – means the electronic catalog in which Items of the same type are listed, provided that all Users must comply with the Catalog rules established by PLGRND.
User Account or Account – means the User’s registration with the application; the account created contains personal data.
Accounts on Social Networks – means PLGRND accounts on Facebook, Twitter, Instagram, Pinterest, YouTube and other social networks, on which information about the App and the Services offered therein is posted, including shares of content posted by Users.
Terms – means these Terms and Conditions and any additional policies and terms posted on the App defining the terms and conditions under which PLGRND allows Users and Visitors to access and use the PLGRND Services.
Receipt Confirmation – means confirmation of receipt of the Item by Buyer or User.
Price List – means the document that lists the prices of PLGRND’s Additional Services.
Private Messages – means private message exchange communication between Users through the application’s messaging system, which can only be accessed by the relevant Users.
News – means content shared by PLGRND on the Application relating in particular to short and long term offers, contests or new Services available on the Application.
Buyer Protection – means the Additional Service offered by PLGRND, where the Buyer will receive additional protections only if he/she uses the Payment and Shipping Service, as detailed in section 6.6 of these Terms and Conditions below.
Buyer Protection Pro – means the non-optional Additional Service offered by PLGRND for purchases made from Professional Sellers. The Professional Buyer Protection Service is detailed in article 6.3 of these General Terms.
Services – means all the services offered on the application, including the Main Services and the Additional Services.
Additional Services – means the additional paid services provided by PLGRND and available on the App (as indicated in the Price List), for example the Item Booster service and the Buyer Protection service, which are not considered Core Services and may be subject to separate terms and conditions.
Payment and Shipping Service – means the Service consisting of the Integrated Payment Service and the Shipping Service, optional for the Buyer, facilitating and securing the payment and delivery of an Item when the Transaction consists of a sales contract:
- In France: the Service of Payment and sending is available in Metropolitan France and Corsica;
Integrated Payment Service – means the online payment service for Items, available to the Buyer on the application, with payment services performed by PLGRND’s partner, PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”), a limited liability company registered in Luxembourg, whose registered office address is 22-24 Boulevard Royal, L-2449 Luxembourg and whose registration number is: R.C.S. Luxembourg B 118 349.
Shipping Service – means the shipping and delivery service at the expense of the Buyer that enables the Seller or the Professional Seller to deliver the Item to the Buyer under a sales contract; the shipping, transportation and delivery services are performed by the shipping service chosen by the Buyer or the Seller.
Main Services – means the services offered by PLGRND to Users and, if applicable, Visitors, allowing them to add Items to the corresponding Catalog, to review Items, to participate directly in the exchange or purchase-sale or other Transactions, to use the Payment and Shipping Services and to communicate with each other privately and/or publicly, including via the Forum.
Application – means the PLGRND application downloaded to smartphones or tablets.
Transaction – means any transaction that transfers ownership and/or the right to use an Item, from one User to another, including but not limited to the contract of sale entered into directly between the Buyer and Seller, or exchange, or any other transaction conducted between Users.
User – means any natural person who has registered on the Application and has agreed to PLGRND’s Terms and Conditions. For clarity, a User under these Terms and Conditions means an individual who is a consumer and is acting as such.
Professional User/Professional Seller (coming soon) – means any user who adds one or more Items to the corresponding Catalog of the Application in the course of his or her business. Professional Users and Professional Sellers may be sole proprietorships or non-profit organizations (associations as defined by the law of July 1, 1901), duly registered in France, as described in the Professional Seller Guide (coming soon) which contains an overview of their legal rights and obligations. Professional Sellers are identified on the application by a “Professional” mention displayed next to their name.
Seller – means any User who adds one or more Items to the corresponding Application Catalog.
Visitor – means any individual not registered on the application who may use the application without being registered, in accordance with the General Conditions.
2.1 These Terms and Conditions define the relationship between PLGRND and Users or Visitors as well as the relationship between Users, Visitors or Users and Visitors, including the rules applicable to:
- registration and use of the application by Users;
- PLGRND’s role as an intermediary and the services it offers in connection with Transactions between Users; and
- Transactions involving Items added by Sellers acting as consumers, whether the Buyer is a Business User or a Non-Business User. Please note that PLGRND is not a party to any Transactions conducted on its platform.
By using or accessing the Site, you agree to be legally bound by these Terms and Conditions.
PLGRND’s terms and conditions applicable to sales by Professional Sellers are set forth in PLGRND’s Terms of Sale for Professional Sellers (forthcoming). Users must read and agree to them before purchasing Items from Professional Sellers.
2.3 You may contact PLGRND at the following email address: firstname.lastname@example.org.
2.4 The Application offers the User the ability to participate in the exchange and/or sale and/or purchase of Items, and to use the other Additional Services offered by the Application.
2.5 The Services are not intended for minors. For minors, a parent or guardian (of legal age) must register to use the Services and supervise the minor’s use of the Services.
2.6 When registering for the application, User must provide User’s username (screen name), email address (directly or via User’s Facebook, Google or Apple profile), and, if User does not register via User’s Facebook, Google or Apple profile, a password, which allows the Site to identify User each time User accesses the Site. Even if the User provided his/her first and last name(s) when registering for the application, other Users can only see the User’s username (pseudonym), which may be different from his/her first and last name(s). PLGRND may request certain confirmations regarding User’s Account for security purposes. Such confirmations may include, but are not limited to, confirmation of User’s telephone number; a request for proof of credit card ownership; or any other steps that PLGRND may take in its sole discretion.
2.8 PLGRND may, in its sole discretion, modify the Terms and Conditions, including, without limitation, to:
- adapt the Terms and Conditions to current or pending legislation or regulations;
- adapt the Terms and Conditions to any decision rendered by a court of law, consumer agency or other competent authority that impacts the content of the application or the Services offered on it;
- reflect changes and developments in the way PLGRND conducts its business;
- reflect changes in market conditions or standard industry practices;
- change the Price List, in particular the prices listed therein.
If PLGRND makes any of the above changes to the Terms and Conditions, it will notify Users:
- fifteen (15) days prior to the effective date of the changes, or
- four (4) weeks prior to the effective date of the changes in the case of substantial changes (e.g., changes that increase the obligations of Users or that impact the core functionality of the application).
Unless User terminates its relationship with PLGRND prior to the effective date of the changes, the amended Terms and Conditions are deemed accepted by User. If User objects in a timely manner, User may choose to terminate User’s relationship with PLGRND and close User’s PLGRND Account by contacting customer service as set forth in Section 15.3. Any changes to the Terms and Conditions published on the application will apply immediately to Visitors and Users who complete the online registration process after such changes are published on the application.
3.1 PLGRND is an online hosting intermediary service and offers Services to facilitate Transactions, a virtual exchange space, namely the Application, the Systematized Catalog and the Forum. Users can add their Items to the appropriate Catalog of the application in order to trade, buy or sell Items, use the Payment and Shipping Service, communicate by sending Private Messages to other Users, exchange on the Forum and use other Complementary Services offered on the application. PLGRND is not a party to any Transaction between Users. PLGRND does not buy, sell or trade any of the Items featured on the application nor does it purport to do so. PLGRND provides Services to facilitate Transactions.
3.2. Subject to the terms and conditions set forth on the App, Users may subscribe to Additional Services for a fee on the App (at the rates set forth in the Pricelist and at the time of payment prior to completing the Transaction).
4 ADDING ARTICLES (CREATE AN AD)
4.1 In order to add an Article on the application, all of the requirements set forth in this section as well as the following conditions must be met:
- Only products authorized in the Catalog Rules may be added on the application.
- The Seller must make sure that its Items comply with the Catalogue Rules. Some categories of items cannot be put online.
- The Seller must be the owner of the added Items and must not add items generally sold as low value dropshipping items (i.e. items sold at a low value considering the current market practices).
- The sale, exchange, use or possession of such Items must not infringe the rights of any third party, must respect intellectual property rights and must not violate any applicable local, national or international law or regulation.
- The Item shall meet the requirements commonly applied in the marketplace for such items based on the nature of the Transaction, unless otherwise agreed between Buyer and Seller.
4.2. The Seller, when adding an Item to the Catalog, must complete the Item addition questionnaire. The Seller shall describe the Item as precisely as possible, point out any defects and indicate the price of the Item. The Seller, when depositing the Item, declares that the Item conforms to the description it provides, and that this description is exhaustive. The addition of the Articles on the Catalog of the application is free. The Sellers can decide to pay for Complementary Services, in order for example to improve the visibility of their Items.
4.3. The Item added to the Catalog must not only be described in the questionnaire related to the addition of the Item, it must also be photographed. At least four photographs (or more, if necessary, depending on the Item) of good quality must be uploaded when adding the Item (it is forbidden to use photos found on the Internet and/or photos of a similar Item). They must reflect the real quality and external appearance of the Item, as well as the possible presence of defects, faults or alterations on the Item.
4.4. The quantity of Items added to the Application Catalogue is unlimited. It is forbidden to add the same Item more than once to the Application Catalog.
4.5. The Seller who added the Item may remove it or modify its price at any time before contacting a User for the sale or exchange of the Item in question. To do so, Seller must remove the Item and re-list it with the new price, or subscribe to an additional service offered by PLGRND.
5 SALE OF ITEMS AND PRICES FOR ADDITIONAL SERVICES
5.1 When purchasing from a non-professional Seller, Buyer may choose to receive the Item in two different ways:
(1) when purchasing on the app via the Integrated Payment System offered by PLGRND, by clicking the “Pay now” button, where the Buyer Protection fee automatically and mandatorily applies,
(2) during a direct User-to-User Transaction. In the latter case, Buyer and Seller are solely responsible for the sale, organization and consequences of the shipment of the Item and may not use the assistance provided by PLGRND in this context.
Purchases from Professional Sellers are only possible via the Integrated Payment System by clicking the “Buy Now” button, where Buyer Protection fees automatically and mandatorily apply. For more information, please see the terms of sale applicable to Professional Sellers (coming soon).
For the purposes of the Additional Services, the User will have to provide his bank details so that the profits from sales made on the application can be transferred to his personal bank account. If an account or bank card belonging to a third party is registered on the application, the PLGRND team may request proof of identity. The Additional Services will trigger the payment by the User of fees in the amounts indicated in the Price List.
5.2 The addition of an Item to the Catalog in accordance with Section 4 and its publication to other Users constitutes an offer to sell such Item by Seller, which may be accepted by a Buyer. The terms of sale applicable to Professional Sellers (forthcoming) detail the manner in which Buyer may purchase Items from Professional Sellers.
5.3 Where the Transaction is a sale, the Payment Service is automatically offered to the Buyer. If the Buyer chooses the Payment Service, the Buyer Protection fee will apply to the Transaction. In addition, Buyer is deemed to have accepted Seller’s offer when he clicks the “Pay now” button on the payment page. Buyer acknowledges that his or her acceptance of the offer is made in consideration of the description of the Item, subject of the sale. Buyer and Seller each acknowledge that:
- A legally binding contract is created between Buyer and Seller for the purchase of goods, “the sales contract”;
- that it represents a binding commitment by each party to the contract to perform this contract with Seller on the terms of the offer; and
- For the avoidance of doubt, PLGRND is not a party to this Sales Contract.
5.5 Seller may elect to purchase Additional Services to enhance the visibility of its Items. Services to promote existing Items are described in the Price List.
6 BUYER PROTECTION SERVICES
6.1 Buyer Protection. For Items sold by Sellers acting as consumers to Buyers, as well as for Items sold by Professional Sellers acting as professionals to Buyers, Buyer Protection automatically and mandatorily applies to the Transaction when the Buyer uses the Integrated Payment Service. This does not apply if the Buyer and Seller agree to finalize the Transaction outside of the application. If Buyer chooses to use the Integrated Payment Service, Seller must comply. The Payment and Shipping services are only available in certain countries and/or regions. If the Service is not available, Seller and Buyer must agree to one of the methods for completing their Transaction, as identified in Section 5.1.
If Buyer decides to use the Integrated Payment Service, Buyer shall be deemed to have accepted Seller’s offer when Buyer clicks “Pay now” on the payment page.
If Buyer decides that the Transaction will be completed without Payment and Shipping Services, then PLGRND’s Buyer Protection services will not be available. In this case, Buyer and Seller are solely responsible for the organization and consequences of the shipment of the Item and may not rely on the assistance provided by PLGRND in this context.
6.2 Buyer (Pro) Protection. For Items sold by Professional Sellers to Buyers acting as consumers, Buyer Protection (Pro) will automatically and mandatorily apply to the purchase. For more information on Buyer Protection Pro, please see the Terms of Sale applicable to Professional Sellers (coming soon).
6.3 “Buyer Protection” and “Buyer Protection Pro”. The Buyer Protection Service includes different services that vary depending on whether Buyer (i) purchases Items from a Professional Seller or not and (ii) is a consumer or not:
- If the Buyer is registered as a Professional User/Professional Seller and purchases an Item from a non-professional Seller (i.e. a User acting as a consumer), the Buyer (Professional User/Professional Seller in this case) will automatically benefit from the “Buyer Protection” described in Article 6.6 below and may be entitled to a refund if the conditions for a refund under the Buyer Protection are met.
- If the Buyer is registered as a Professional User/Professional Seller and purchases an Item from another Professional Seller, the Buyer (Professional User/Professional Seller in this case) will automatically benefit from the “Buyer Protection” described in Article 6.6 below and may be entitled to a refund if the conditions for a refund under the Buyer Protection are met.
Buyer Protection Services are not insurance services or legal protection coverage services.
6.4 Buyers who benefit from Buyer Protection Services will be charged the corresponding fees, as provided in Article 6.5. Payments will then be made via the Integrated Payment Service and delivery via the Shipping Service, if these services are available in the Buyer’s country and/or region.
6.5 Buyer Protection Fees. Buyer Protection Services facilitate and secure the Transaction. PLGRND therefore charges a respective fee for these services. In order to benefit from Buyer Protection Services, for each Transaction, Buyer shall pay a fee in addition to the purchase price of the Item. The total amount of these fees is indicated to the Buyer on the application before the order is finalized and is calculated according to the Price List. The payment of the Buyer Protection fee also allows the Buyer to benefit from the advantages mentioned in article 6.6 below.
6.6 Services included in the “Buyer Protection” :
6.6.1 If the Buyer uses the Payment and Shipping Service, it will benefit from the Complementary Buyer Protection Service which is an integral and mandatory part of the Payment and Shipping Services. The Buyer Protection Service includes a refund if the following conditions are met:
6.6.2 If the Item does not substantially conform to the description provided by Seller, or if the Item was damaged in shipping, Buyer must notify PLGRND within two (2) days from the date of receipt of the Item by clicking on the “I have an issue” link on the Seller Transaction page (“Dispute Period”). This will suspend the Transaction and PLGRND will retain the Total Purchase Price. Once PLGRND has suspended the Transaction, the process is as follows:
- In the first instance, Buyer and Seller have the right and opportunity to resolve the situation on their own and inform PLGRND of their joint decision. In this case, PLGRND agrees to comply with this decision and to reimburse the Buyer or the Seller as agreed, of the amount held in the escrow account.
- Only in the event that Buyer and Seller do not come to an agreement directly, or do not wish to resolve the situation directly, Buyer or Seller may escalate the issue to PLGRND and provide evidence (e.g., photos, documentation, etc.) to support their position. After PLGRND has investigated the situation and in the event that PLGRND considers that the Item does indeed substantially not conform to the description provided by Seller, PLGRND will cancel the Transaction by requesting the third party financial services provider managing the escrow account to issue a refund to Buyer after said Item has been returned to Seller. Buyer will be refunded the full purchase price. Please note that PLGRND does not provide a return service and that Buyer must return the Item to Seller within the time period stipulated by PLGRND, after Seller has provided a return address and paid the return shipping costs, unless otherwise agreed with Seller. If Buyer does not return the Item within the time period stipulated by PLGRND, Buyer shall not be entitled to a refund under Buyer Protection.
If there are strong indications that the Item received is a counterfeit, PLGRND cannot require the Buyer to return the Item for a refund, but this is decided by PLGRND on a case by case basis, based on the information provided by the Buyer and the Seller, and the Seller agrees to comply with this decision of PLGRND.
6.6.3 If Buyer has not received an Item, Buyer must notify PLGRND by reporting the problem by clicking on the button that suspends the Transaction within two (2) days from the date stated to Buyer that the Item should have been delivered, i.e., after the Item has been marked as “delivered”. In the event of loss of the Item during shipment, Buyer will be reimbursed by the third party financial services provider managing the escrow account for the full purchase price.
6.6.4 If there is a problem with the Item or the Item has not been received (as described in Articles 6.6.2 and 6.6.3), but Buyer does not contact PLGRND within the two (2) day period (i.e., during the Dispute Period) as set forth in Articles 6. 6.6.2 and 6.6.3, or simply confirms on the application that the Item received was acceptable (within that 2 day period), the Transaction is closed (in accordance with section 7.2) and Buyer Protection ends. In this case, the Buyer shall not be entitled to any refund.
6.6.5 In the event that the Item conforms to the description provided by the Seller, the Buyer shall not be entitled to request a refund through PLGRND and PLGRND shall close the Transaction. After the Transaction is closed and the escrow amount is transferred to the Seller, the Buyer may attempt to negotiate directly with the Seller to return the Item (e.g., by reaching an agreement on refund, return shipping costs, etc.). Please note that in this case, Seller may also refuse to cooperate with Buyer on the grounds that the Transaction has been honored by Seller.
6.7 If the Buyer has not used the Integrated Payment Service and has not paid the Buyer Protection Service:
6.7.1 In this case, PLGRND does not guarantee the security of payments made. PLGRND does not provide any assistance to the Buyer or Seller if the Buyer does not use the Buyer Protection Services. The Buyer and the Seller are solely responsible for the successful completion of the Transaction and negotiate all terms and conditions of the Transaction directly between them (e.g., payment terms, shipping terms, terms for return of the Item, lost package, etc.).
6.7.2 In case of misconduct of the Buyer or Seller reported to PLGRND, PLGRND may provide assistance to the injured party. PLGRND will also cooperate with local authorities if necessary.
7 INTEGRATED PAYMENT SERVICE
7.1 As part of the Integrated Payment Service, the Buyer shall pay in advance, the Item(s) purchased from the Seller by credit or debit card, or any other payment method that may be introduced in the future, using the Integrated Payment Service available on the App.
7.2 Amounts paid by Buyer (Item price, Buyer Protector service fee, collectively the “Total Purchase Price”) will be held by a financial services provider selected by PLGRND PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”) in an electronic wallet that functions as an escrow account until the Transaction is closed. The Transaction is closed:
- as soon as the Buyer confirms through the platform that the Article shipped meets the conditions of the offer by confirming the correct reception of the item; or
- automatically after the expiry of the 2-day Dispute Period described in Article 6.6.2 if no dispute is opened about the Article; or
- If a dispute is opened during the Dispute Period, after the dispute is resolved.
Upon completion of the Transaction, the purchase price less PLGRND’s Service Fee will be immediately transferred to Seller’s e-wallet on the Paypal platform. Funds available in Seller’s e-wallet may be transferred to Seller’s personal bank account, subject to Paypal’s terms and conditions.
7.3 PLGRND uses Paypal Payments Europe, Ltd. to process the payment and store the credit or debit card information. In order to use the Integrated Payment Service, Buyer may be required to declare acceptance of the terms and conditions of such provider. Buyer shall be solely responsible for the transmission of its credit or debit card information and PLGRND hereby disclaims any liability to the fullest extent permitted by applicable law.
7.4 Please note that the right to use the Integrated Payment Service is granted only in connection with sales made by a User on its own behalf. Users are not permitted to resell, hire or otherwise authorize third parties to use the Integrated Payment Service to enable such third parties to be compensated for their services. Users are not allowed to use the Integrated Payment Service for any type of products and services other than those subscribed to on PLGRND. In particular, User confirms that he/she will not use the Integrated Payment Service for any type of products or services not listed in the Catalog rules. If PLGRND discovers at any time that the information a User has provided about him or herself is false or has changed without PLGRND’s knowledge, or if a User breaches any of these terms, the Services may be suspended and/or terminated with immediate effect.
7.5 In the event of suspected fraud of any kind committed by a User, PLGRND will immediately suspend the affected User’s Account and any outstanding Transactions, pending the results of the ongoing investigation.
7.6 In case of any problem (such as signs of suspected illegal sales on the application, money laundering, spam, or in case of violation of the terms and conditions of the payment service providers) reported by the provider in charge of the Integrated Payment Service to PLGRND, PLGRND may immediately suspend the relevant User’s Account and pending Transactions, pending the results of the ongoing investigation.
7.7 PLGRND reserves the right to suspend a User’s Account if the User has initiated a dispute resolution process through an external payment provider in relation to a Transaction and, taking into consideration all of the circumstances relating to the initiated dispute resolution process, PLGRND has a legitimate reason to suspend the User’s Account (e.g. in case of violation of applicable laws and/or non-compliance with these Terms and Conditions and/or in case of possible misuse of the application).
7.8 Service Fees
In consideration of the use of the integrated Payment Service and the protection thus provided to the Buyer, the Buyers will have to pay a Service Fee, at the time of the finalization of their online purchase, which will be added to the purchase price of the Good agreed with the Seller. The total amount of these Fees will be included in the price displayed to the Buyer on the Application before the online payment of the Transaction and amounts to 5% of the purchase price of the Good agreed between the Buyer and the Seller (excluding shipping costs) plus Paypal’s processing fee (0,26€).
8 SHIPPING SERVICE
When shipping, the Seller is responsible for selecting the shipping provider, determining the shipping charges and providing the packing slip. Seller is solely responsible if the package containing the Item is lost or damaged during delivery or is not delivered to Buyer, PLGRND having no responsibility in this case. The Seller must therefore choose a secure method of delivery offering guarantees in case of problems with the Buyer and in case of loss or damage of the Items. It is the responsibility of the Seller to correctly and accurately estimate the shipping costs and to integrate them into the final price displayed on the ad. Seller accepts the risks associated with shipping in the event of shipment. PLGRND will not provide compensation for Items lost or damaged in shipment and it shall be Seller’s responsibility to contact the shipping provider directly for any shipping related issues.
8.1 The cost of available Shipping Services (“Shipping Charges”) are included in the selling price of an Item on the Item detail page. The Shipping Charges are payable by the Buyer in addition to the purchase price of the Item in question and the Buyer Protection fee.
8.2 Once the Total Purchase Price has been paid by the Buyer, PLGRND confirms the payment to the Seller on the platform and sends the Seller the Shipping Instructions (Buyer’s full name and address). Seller is required to ship the Item within five (5) business days after PLGRND receives the shipment information about the completed Transaction in accordance with the Shipment Instructions. In particular, Seller shall provide the shipment tracking number to Buyer via the “My Orders” section of the Application, using the form on the relevant transaction page.
8.3 If the Item is not shipped to Buyer within five (5) business days of receipt of the shipping information, PLGRND has the right to direct Paypal to refund the Total Purchase Price held in escrow, including the Shipping Charges, to Buyer. This refund is Buyer’s sole remedy under its contract with Seller, without prejudice to Buyer’s rights as a consumer if it purchased the Item from a Professional Seller.
9.1 PLGRND is entitled to collect fees for the Services provided in accordance with the rates set forth in the Schedule of Rates.
9.2 All rates are expressed in Euros (EUR), including all applicable taxes.
9.3 In the case of a Transaction made with the Integrated Payment Service, the Buyer’s payment shall be made by credit card, debit card or virtual card, or any other payment method approved for the Integrated Payment Service on the application at the time of conclusion of the relevant Sales Contract.
If the Buyer decides not to use the Integrated Payment Service, payment shall be made by direct debit, credit card (Visa/MasterCard) or virtual card, or any other payment method agreed upon by the Users concerned without the assistance of PLGRND.
9.4 In the case of a Transaction made via the Payment and Shipping Service, the Buyer is debited with the total amount (price of the Item, Shipping Fee and Buyer Protection Fee) and this amount is transferred to the Seller’s Paypal account, which must ship the Item within five business days. If the Buyer does not receive the Item or if the Item does not substantially conform to the description provided by the Seller, and under the other conditions stipulated in Articles 6.6.2 and 6.6.3, the Buyer’s account will be credited again.
9.5 In the case of a Transaction made without the Payment and Shipping Service, Buyer and Seller shall agree on the payment terms as described in section 6.7 above. In this case, PLGRND will not charge any fees related to the Transaction.
10 INTERACTIONS AND MESSAGES ON THE APPLICATION
10.1 Private Messages
The exchange of Private Messages between the Users has for main purpose the exchange of information between the Users relating to Articles of the Catalog. If a User sends Private Messages to another User, he must ensure that he does not send :
- messages or information of an advertising nature (unless authorized under the conditions of article 10.3 below);
- spam or content containing viruses or adwares;
- mass messages of any other type (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not requested to receive it);
- messages containing texts that are contrary to good morals and public order, inappropriate, insulting, defamatory or otherwise considered incompatible with these General Conditions and the interests of Users;
- messages of an illicit nature or otherwise attempting to harm other Users and/or the Site;
- messages that may be qualified as harassment of any kind;
- messages containing inappropriate, provocative or unwelcome comments about the appearance of another User. In the event of a user complaint, PLGRND may access the contents of Private Messages. In the event that a Private Message is offensive or contrary to public decency and order, the User from whom the message originated may, without prejudice to other remedies, be automatically blocked in accordance with Section 13 below and/or hidden from the User to whom it was sent. The sender of the blocked and/or hidden Private Message will be advised of his or her obligation to comply with the Terms and Conditions and informed that PLGRND may take additional action such as suspending the User’s Account in the event of further violations. Such moderation of private exchanges on the Application does not constitute an obligation on the part of PLGRND to monitor or actively seek out unlawful activity and/or content on the Application and, to the extent permitted by applicable law, does not create any liability on the part of PLGRND.
10.2. Exchange of ratings between Users
A User may leave reviews on another User only if a Transaction has been completed between them. No consideration is given to Users or PLGRND for their online reviews.
One User’s reviews of another User must always be fair and honest. Lies and insults are prohibited.
PLGRND does not review reviews before they are posted by Users.
If the review received is inappropriate or abusive or in any way does not comply with these Terms and Conditions, Users are entitled to notify PLGRND in accordance with the reporting procedure described in section 11 below. At the request of Users, PLGRND is authorized to remove from the application all reviews that are in violation of these Terms and Conditions or the rights of other Users, including reviews of Users who were not entitled to leave reviews under these Terms and Conditions.
PLGRND, after identifying the User who has not complied with the above rules applicable to reviews, may use its right to block all or part of the relevant User’s Account in accordance with section 13 below.
Visitors are not allowed to leave reviews on Users.
11.1 All Visitors and Users are entirely responsible, in their capacity as publishers, for all the information they post on the application and, where applicable, for the Items they offer, sell, exchange or transfer to other Users. In particular, it is specified that when a User uploads Items to the corresponding Catalog, such User acknowledges and agrees that he/she is fully responsible for the uploading of the Item to the corresponding Catalog, its description, confirmations, the accuracy of other information provided and communications with other Users (including Private Messages and reviews) and, in general, Transactions with other Users and any disputes that may arise therefrom (hereinafter, together, the “Content”).
11.2 In this respect, Visitors and Users must comply with all applicable regulations. In particular, Users and Visitors must refrain from (i) infringing the rights of third parties, (ii) infringing intellectual property rights or adding products that are counterfeit, (iii) inciting offences or crimes, discrimination, hatred or violence related to race, ethnic origin or nationality (iv) communicating false information or confidential information, (v) making defamatory statements, (vi) committing acts that could endanger minors, (vii) publishing personal data of other individuals or violating the privacy rights or (viii) impersonating others.
11.3 In the event that the Content does not comply with the applicable regulations in accordance with Article 11.2 or, in general, in the event that a User or Visitor does not comply with these General Terms and Conditions, any User or Visitor acknowledges and agrees that he/she is solely responsible for any direct and indirect damages resulting therefrom to third parties or to PLGRND. Therefore, any User or Visitor acknowledges and agrees that, in its capacity as host, PLGRND does not in any way verify the Content and, to the extent permitted by law, will in no way be held liable for such damages or losses suffered by Users and/or third parties. In particular, but without limitation, PLGRND shall not be liable for: (i) the acts or omissions of Users and Visitors; (ii) the information posted on the Application by Users and Visitors, its subject matter, accuracy, completeness and/or compliance with applicable regulations; or (iii) the quality and quantity of the Items that Users sell or purchase through the use of the Application, nor for their compliance with the description given.
11.4 PLGRND is not responsible for Content posted by Users. Users are responsible for the Content they upload. PLGRND will remove User Content that has been properly notified to PLGRND in accordance with the procedure described in Section 13 and applicable laws and that violates applicable laws and/or PLGRND’s policies, i.e., all rules governing the use and operation of the Application. PLGRND may take action against User, including with respect to the use of User’s Account, as provided in Section 13 below. If a User or Visitor discovers Content that advocates crimes against humanity, incites racial hatred and/or violence, involves child pornography, or any other illegal content, he or she should notify PLGRND immediately:
- through the reporting process in the application;
- by sending an email to email@example.com;
- or by sending a letter describing the facts in detail to the following address PLGRND, 50 rue Molière 93100 Montreuil.
If such Content is reported, PLGRND will immediately, without notice, suspend the User’s Account and remove the relevant Content, as provided in Section 13 of the Terms and Conditions. PLGRND will suspend pending Transactions for the duration of the investigation, which may include taking any of the actions set forth in Section 13.
If a User believes that a Content is likely to infringe upon these Terms and Conditions and/or his/her rights and/or the rights of a third party (e.g. infringement, insult, invasion of privacy), Users may notify PLGRND :
- through the reporting process in the application;
- by sending an email to firstname.lastname@example.org;
- or by sending a letter describing the facts in detail to the following address PLGRND, 50 rue Molière 93100 Montreuil
If such Content is reported, PLGRND may take action against the User, including with respect to the use of the User’s Account, as provided in Section 13 below. More generally, Users must refrain from posting any type of illegal, false or inaccurate Content. Users must act and use the Application in good faith.
11.5 PLGRND is not responsible for any tax or reporting obligations that Users may have as a result of their activities on the application. In connection with Transactions conducted on the App, Users are solely responsible for any tax reporting obligations, if any, under applicable law.
11.6 In the case of a Transaction made without the Payment Service offered by PLGRND, the Seller is responsible for the timely delivery of the Item in proper form to the Buyer in accordance with their agreement. In any event, if a dispute arises between Buyer and Seller as to the delivery of the Item, Seller must prove that the Item was shipped (e.g., by providing a tracking number, invoice or document from the courier service).
11.7 In the case of a Transaction made without the Payment Service system offered by PLGRND, the Buyer is responsible for the timely payment of the Item in accordance with the terms communicated by the Seller or as mutually agreed.
11.8 In the case of a Transaction made without the Payment Service system offered by PLGRND, User understands and agrees that PLGRND is not responsible for, does not provide assistance with, and takes no part in resolving any disputes arising between Buyers and Sellers. Such disputes may be resolved in accordance with applicable local law, unless the parties have mutually agreed that the law of another country shall apply.
11.9 PLGRND shall not be liable for unforeseeable events such as cyber-attacks, security breaches in data transmission or performance guarantees as to the volume and speed of data transmissions. Under these conditions, it is up to the Users to take all the appropriate measures in order to protect their own data and/or software, in particular from contamination by possible viruses circulating on the Internet.
12 OBLIGATIONS OF ALL USERS
12.1 All Users undertake :
- when registering on the application, to provide truthful information about himself, including his user name and email address;
- to register on the application only once and not to create more than one Account, except in the case where a User would like to have a personal Account and a professional Account PLGRND (to come), but in this case, the User cannot register using the same email address, and these Accounts must be clearly separated, i.e., the personal Account cannot be used for commercial sales and vice versa;
- not to use the application and/or the Services for illegal or fraudulent acts or transactions;
- when using the application, to provide objective, accurate, complete and detailed information on the proposed exchange and/or sale;
- to ensure that the price offered for the exchange and/or sale of the Articles, as well as other information relating to the Article, are accurate;
- not to copy or make unlawful use of the information on the application posted by PLGRND or another User of the application.
12.2 Users and Visitors agree, when using the Application, to comply with the following rules:
- not to use (including sharing and/or publishing) misleading or erroneous information and/or data;
- not to use (including sharing and/or publishing) photographs (i) for which the User concerned does not hold the intellectual property rights (in general, these are photographs found on the Internet), or (ii) which contain links to other websites;
- not to use (including sharing and/or publishing) photographs (i) in which persons other than the User concerned are visible, unless the other visible persons have given their consent to the publication of such photographs; or (ii) which are or are likely to be considered as photographs contrary to morality and/or public order (for example erotic photographs, pornographic photographs or photographs showing violent content);
- not to offer and/or sell and/or purchase and/or trade and/or transfer Items in violation of third party intellectual property rights, such as trademarks and/or other trade dress to the extent that they are protected by applicable law (such as company trade dress in certain jurisdictions) and/or patent rights and/or copyrights;
- not to infringe the proprietary rights and/or personal rights of third parties (including intellectual property rights);
- not to violate any applicable laws and/or regulations;
- not to act in a manner contrary to public order and/or morality
- not to use (including sharing and/or publishing) computer programs and/or files that contain viruses or that could (i) disrupt the normal operation of the application and/or the Services, (ii) infect the User’s computers and thereby cause damage to the User or his/her property or (iii) prevent the User from using the application, the Services or the User’s computer;
- not to offer and/or share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered on the application.
12.3 Users and Visitors undertake not to collect, aggregate, transmit to third parties, make public, publish or disclose data of the Users of the application or data concerning the actions of the Users of the application, including Transactions, their number, type, price, etc., if the data becomes available unlawfully or as a result of an unlawful act or omission.
Users and Visitors further undertake not to collect, aggregate, transmit to third parties, make public, publish or disclose the information on the application, if this would infringe the rights of other Users. This restriction does not apply to the “share” function that exists on the App and gives Users the ability to share public information available on the App, on PLGRND’s Social Network Accounts or on their own social network accounts, as well as to send such information to themselves or to others via email.
12.4 To the extent permitted by applicable law, PLGRND is not responsible for the conduct of any User while using the Application or the Services. In particular, PLGRND is not responsible for the improper performance or non-performance of Transactions by Users.
12.5 User agrees to keep User’s login and password confidential from third parties, except for persons who have been authorized by User to use User’s login.
12.6 The User undertakes to update, without delay, the information on the application that is no longer relevant due to changes in his data (in particular those provided at the time of registration on the application), as well as the information that is no longer relevant on the items added to the Catalog and their status.
12.7 When using the Application, the User or Visitor declares:
- (i) that he/she is a natural person of at least 18 years of age (if not, registration must be done by the parent(s) or legal guardian in his/her place), (ii) that he/she is using all the Services of the App to satisfy his/her personal needs, not related to a professional activity, and (iii) that he/she has full capacity and all rights to carry out Transactions on the App;
- that he/she understands that he/she is fully responsible for the Transactions made;
- that he understands that after ordering an Item, he undertakes to purchase or exchange that Item, and that failure to complete this Transaction may result in him being liable to reimburse the Seller for losses incurred;
- he understands that he will have to pay PLGRND if he decides to use the Additional Paid Services according to the rates and procedure indicated in the Price List.
13 RIGHTS AND OBLIGATIONS OF PLGRND
13.1. PLGRND may prohibit Users and Visitors from using the Application, in whole (“Full Blocking”) or in part (“Partial Blocking”) as detailed below, (stating the reasons for such prohibition or limitation), including by deleting Content posted on the Application canceling the User’s Account and preventing the User from re-registering on the Application or preventing the Visitor from visiting the Application, provided that PLGRND sends prior official notice to such User or Visitor, if he or she :
- provides incorrect, misleading and/or incomplete information according to the Terms and Conditions at the time of registration on the App or use of the App;
- deliberately and intentionally discloses incorrect information on the Application, insults other people or acts inappropriately;
- uses the identity of another User of the Application or otherwise acts unlawfully;
- logs in from the same IP address or computer as the User who has been blocked for violations;
- has received three or more warnings from PLGRND.
“Partial Blocking” means that the User will not be able to add items to the Catalog, communicate with other Users and/or participate in the Forum.
13.2 PLGRND, after also having been duly notified in accordance with section 11.4 above or by the relevant Authorities, will immediately remove any illegal Content. Indeed, PLGRND may, at any time, remove from the application Items added by a User to the Catalog or any other information provided by a User if such Items or information are contrary to the Terms and Conditions, applicable regulations or offend against public morality or order.
13.3 PLGRND may investigate any violation of the Terms and Conditions, and notify the appropriate institutions and authorities.
13.4 PLGRND may, at any time, rearrange the Catalog, advertising spaces or other information on the Articles, provided that such changes do not alter the Content provided by a User, in order to make the application more user friendly. PLGRND may publish New Items at any time containing descriptions, instructions, rules or other information related to the subject matter of the New Items.
13.5 PLGRND may, at any time, post on the Application Novelties or other communications regarding short and long term offers, contests, games or promotions that comply with national law, to promote new Services or third party goods or services. Special terms and conditions may apply. Information about offers, contests, games or promotions that comply with national law will be provided on the Application. In case of inconsistencies between the General Terms and the special conditions published on the Application applicable to the Novelties, the latter shall prevail.
13.6. PLGRND may at any time terminate or suspend or assign to third parties the operation of the Application, subject to notifying the Users of the Application with thirty (30) days notice.
13.7 PLGRND may apply a “vacation mode” status to any User who has been inactive for a period of 30 days. When a User has a “vacation mode” status, the Items offered for sale by that User will be hidden from other Users. PLGRND reserves the right to remove Items offered for sale by any User, if said Items have not been sold for a significant period of time. Before applying the “vacation mode” status, and/or removing any Item, PLGRND will send prior notification to User. This notification will inform User of the impending change in status and/or items being advertised and will allow User to opt out of the change. User must inform PLGRND that he/she is rejecting the change within the notification period stated in the communication. If User does not reject the change within the specified notification period, User shall be deemed to have accepted PLGRND’s change of status and/or deletion of the Advertised Items.
14 PERSONAL DATA
14.3 Where you carry out data processing independently and separately from PLGRND, it is your responsibility to ensure compliance with applicable data protection (in particular, the General Data Protection Regulation) and privacy laws. This includes, but is not limited to, the obligation to inform data subjects in accordance with Articles 12, 13 and 14 of the General Data Protection Regulation and to have a legal basis for processing personal data.
14.4 You are required to provide only accurate data to PLGRND. When your data changes (for example, your address or your last name), you must notify PLGRND of these changes without undue delay by changing your Account information. You are solely responsible for damages and non-compliance resulting from the provision of incorrect data by you, unless applicable data protection and privacy laws prevent you from being held solely responsible for such damages and non-compliance.
15 APPLICABLE LAW, DISPUTE RESOLUTION AND TERMINATION
15.1 These Terms and Conditions are governed by the national law of the User.
15.2 In the event of a dispute between PLGRND and a User (Professional Users and Professional Sellers should use the procedure described in the Professional Seller Guide – to come -), PLGRND encourages Users to first contact PLGRND in all cases to find an amicable solution. The User can:
- First, send a written complaint to Customer Service at email@example.com.
- In the absence of a satisfactory response from this department, within a reasonable period of one (1) month, User and PLGRND will use their best efforts to attempt to resolve User’s complaint amicably.
- If the matter is not resolved or if User is not satisfied with the outcome, User may pursue alternative dispute resolution methods such as consumer mediation. Disputes between Sellers and Buyers are not eligible for such consumer mediation. Users may have recourse to the following mediation services:
- In France, only disputes arising from PLGRND services or features paid for by the User are eligible for mediation (e.g., Buyer Protection Services or the automated functionality offered to Sellers to boost their Items). In France, PLGRND has a mediator: (to be defined).
- The European Commission has set up a dispute resolution platform to collect possible complaints from consumers following an online purchase and to forward them to the relevant national ombudsmen. This platform is available here: http://ec.europa.eu/consumers/odr.
15.3 A User may terminate his or her relationship with PLGRND at any time, effective immediately, after fulfilling all obligations arising from Transactions made by the User prior to the termination of his or her relationship with PLGRND. A User may terminate his or her relationship with PLGRND by deleting his or her Account or by sending an email. PLGRND may terminate its relationship with a User upon thirty (30) days written or electronic notice. In addition, PLGRND may also terminate its relationship with a User for the following reasons (without limitation), effective immediately:
- for violation of Sections 7.4, 7.5 and 8 of these Terms and Conditions ;
- in case of violation of article 11.2 consisting in the uploading of Content that advocates crimes against humanity, incites racial hatred and/or violence or concerns child pornography;
- in case of violation of the obligations of a User as identified in article 12.
- in case of violation of article 4.1, consisting in particular of uploading photographs and/or Content in violation of the intellectual property rights of a third party or representing third parties without having obtained their prior consent;
- in the event of fraud, fraudulent activity, abuse or misuse by a User of PLGRND’s services;
- in the event of a violation of law; or
- where a User has objected to the modification of these Terms and Conditions in accordance with section 2.8.
15.4 PLGRND owns all rights, including but not limited to intellectual property rights, in and to the Site, including but not limited to its system (the Catalog, its distribution, etc.), the layout and design of the application, the software used by and for the application, the trademarks and domain names used by and for the application.
15.5 By posting information or data, including photographs, on the Application, i.e. “Content”, Users of the Application or Services hereby grant PLGRND, without consideration, a non-exclusive license to use the Content worldwide for the duration of the applicable rights, if any (and possible extensions thereof). Said license includes the right to use, copy, reproduce, display and adapt the Content. PLGRND may use such Content, in any medium now known or unknown, including but not limited to television, newspapers, the Internet (in banners and articles, on other websites), and on social networks (Facebook, Twitter, Instagram etc.), for PLGRND’s operational, commercial, advertising and internal purposes, which any User agrees to. Users are solely responsible for the Content and confirm that they own all rights to such Content.
15.6 All notices, requests and other information exchanged between any User and PLGRND shall be sent as set forth in the Terms and Conditions via the contact form on the App, and/or by/to the User by email, to the email address provided by the User upon registration on the App.
15.7 The General Terms and Conditions do not create between PLGRND and Users a partnership (regardless of its legal form), a relationship governed by labor law, a relationship between a commercial agent and his client, or a franchise relationship.
15.8 PLGRND may, subject to applicable data protection laws, transfer and/or assign all rights and obligations under these Terms and Conditions to any third party, including in the event of a business transfer, merger by incorporation of a new company, absorption, demerger or any change of control affecting PLGRND provided that this does not reduce the protection of consumer rights. Any such transfer/assignment releases PLGRND from any obligation as operator of the application, including to its Users and Visitors for the future. In case of transfer and/or assignment of these rights and obligations which are attached to these Terms and Conditions, to third parties, any User may immediately terminate his relationship with PLGRND and close his Account. Users may not transfer or assign any or all of their rights and obligations under these Terms and Conditions.
15.9 A User may object at any time to the access, use or operation of the Application or the Services by means of a notification. Notifications should be sent to PLGRND by mail to PLGRND – 50 rue Molière 93100 Montreuil or by email to firstname.lastname@example.org. For legal inquiries, please contact PLGRND by email.
15.10 If any of the terms contained in these Terms and Conditions are held by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
15.11 These Terms and Conditions and all documents referred to herein constitute the entire agreement between PLGRND and any User and supersede and terminate all prior agreements, promises, assurances, warranties, representations and understandings between PLGRND and any User, whether written or oral, relating to their subject matter. PLGRND and each User agree that in agreeing to these Terms and Conditions, they have relied on any representation, statement, assurance or warranty (whether innocently or negligently made) that is not set forth in these Terms and Conditions or in any document to which they refer. Neither PLGRND nor any User shall be entitled to rely on any misrepresentation, whether innocently or negligently made, based on any of the statements contained in these Terms and Conditions or in any document referred to herein.