General conditions of sale Univers Occasion
Service reserved exclusively for individuals
PREAMBLE:
The purpose of these general conditions of use is to define the conditions by which members are authorized to use the Occasion & artisanal service ofUniversMini of the website UniversMini (http: // www.universmini.com) for the purpose of linking them.UniversMini is the property of SARL Expone, whose registered office is located at 411 avenue Charles Despiau, 40370 Rion des Landes, France. The company is registered in the Trade and Companies Register (RCS) of Dax, under number 492533433. SIRET number, 49253344300049 and Intracommunity VAT number, FR20492533443. APE-NAF code 722C.
Sarl Expone
UniversMini
411 avenue Charles Despiau
40370 Rion des Landes
France
Phone: 06 10 52 39 90
Email: contact@universmini.com
The Occasion & Craft Service ofUniversMini allows the connection between individuals. Therefore, the service is not available for professionals.
SOME DEFINITIONS :
Occasion & artisanal serviceUniversMini : means the functional and organizational structure put in place by UniversMini allowing the connection of Sellers and Buyers of Products. The offers are made exclusively via the Internet.product: second-hand products (agricultural miniatures, artisanal or not, agricultural accessories... in general anything relating to scale models on the agricultural theme) likely to be the subject of a connection by the Occasion & artisanal service ofUniversMini.
Prohibited Product: products contrary to morality and to the laws and regulations in force. These include in particular Products not authorized by virtue of legislative, regulatory or contractual provisions.
Seller: means a Member making an offer for the sale of a Product on the Occasion & artisanal service ofUniversMini.
Buyer : means a Member who has indicated their acceptance of a Seller's offer.
Member: means in the singular or in the plural a Seller or a Buyer likely to make use of the Occasion & artisanal service ofUniversMini after acceptance of the general conditions. Each Member undertakes to provide exact information as to his identity, address and other data necessary for access to the Occasion & artisanal service ofUniversMini and update any changes to this information. To access the benefit of the Occasion & artisanal service ofUniversMini, any Member must be over 18 years of age and have a delivery address in mainland France.
Price: means the price offered by the Seller for his offer to sell a Product. The Price constitutes the basis of the Commission ofUniversMini.
Commission: means the remuneration received by UniversMini for the use of the Occasion & artisanal service ofUniversMini.
Transaction Price: means the total price of the Product payable by the Purchaser, including, in addition to the selling price of the product, the shipping costs defined on a flat-rate basis.
OBLIGATIONS TOUNIVERSMINI :
UniversMini undertakes to make available to members on the site UniversMini (http: // www.universmini.com) the offers of the Sellers. UniversMini receives, for this purpose, a mandate from the Seller to make available to Buyers the offers provided by the Seller and to open in its name and on its behalf, an escrow account for the sums received during the transaction. UniversMini undertakes to ensure the treatment of any complaint following the sale of a Product on the site UniversMini.UniversMini is in no way a reseller of the Products as part of its Occasion & Handicraft service. UniversMini acts as a trusted third party.
UniversMini can not guarantee that Seller's Product will satisfy Buyer. Likewise, UniversMini cannot guarantee the Seller that the Product will not be returned or that the sale will not be canceled by the Buyer.
UniversMini sets up a system allowing the Buyer, at the end of the transaction with a Seller, to determine satisfaction criteria according to a scale communicated by UniversMini to the Buyer.
In the event of non-compliance by a Member with the general conditions of use of the Occasion & artisanal service of the website UniversMini (http: // www.universmini.com) as set out herein, UniversMini reserves the right at any time to withdraw the Product concerned from sale, to suspend the Member's account and to block the sums appearing therein.
MAKING A SALE:
The sale is deemed to be perfect between the Buyer and the Seller once the Buyer has confirmed his accord unconditional to the Seller's offer and that UniversMini has received full payment of the Transaction Price. The sale is deemed to take place when UniversMini acknowledges receipt and collection in an escrow account of the full Transaction Price paid by the Buyer; the payment of the price of a Product by the Purchaser to UniversMini worth accord of said offer. The Buyer acknowledges that its acceptance of the offer is made in consideration of the description of the Product object of the sale and that it constitutes a firm commitment to contract with the Seller under the conditions of the offer.UniversMini is the only person empowered to order the escrow account to make payment, for the benefit of the Seller, of the Transaction Price less the Commission when the Buyer has confirmed to UniversMini good receipt of the Product in accordance with the offer and giving it satisfaction in this regard, hereinafter the release of the Transaction Price.
In the absence of express confirmation from the Purchaser or in the absence of notification of non-receipt of the Product, his accord on the transaction will be deemed definitively acquired upon expiry of a maximum period of 15 days after the order. This transfer will take place automatically.
The Seller accepts in advance that payment by UniversMini of the Transaction Price may be delayed in the event of a claim by the Buyer during the period of examination thereof by UniversMini. This deadline will be mentioned in discussions with Members.
As soon as the Buyer has accepted the Seller's offer, the latter has confirmed the availability of the Product subject to the offer and UniversMini has received full payment for the Buyer's Transaction Price, UniversMini will communicate to the Seller the contact details of the Purchaser Member.
OBLIGATION OF MEMBERS:
By registering withUniversMini, the Member has a unique identifier and a strictly personal nominative access code, which he undertakes to keep confidential. The registered Member is the only one authorized to use the Occasion & artisanal service ofUniversMini using the identifier and the nominative access code. The Member undertakes not to offer any other person access under his identity or his nickname to the Occasion & artisanal service ofUniversMini. In the event that he / she has knowledge of what another person is accessing, the Member will inform UniversMini without delay and will confirm this information by mail.The Member undertakes not to take an identifier that infringes the rights of a third party. The Member will not adopt, for example, an identifier infringing an intellectual property right, a registered trademark, a company name or a patronymic name.
The Member undertakes not to create or use accounts other than the one initially created, whether under his own identity or that of third parties. Any exception to this rule must be the subject of an explicit request from the Member and express and specific authorization fromUniversMini. Creating or using new accounts under one's own identity or that of third parties without having requested and obtained authorization fromUniversMini may result in the immediate suspension of the Member's accounts and all associated services.
The member undertakes not to attempt to transmit and communicate his e-mail and / or postal address, as well as his telephone number, on the website UniversMini, by whatever means.
In the event of a dispute between Members, the parties agree that the production by UniversMini records on the servers ofUniversMini of the Occasion & artisanal service ofUniversMini and in particular the nominative access codes of the Member shall prevail between the parties.
The Member is prohibited from offering for sale, selling, leaving for sale or buying, directly or indirectly, Products that are contrary to good morals and to the laws and regulations in force.
In particular, the Member refrains from selling and / or buying, directly or indirectly, Prohibited Products, as well as using information to which he would have access through the Used & Craft service ofUniversMini to proceed with the purchase or sale of such Prohibited Products. The Member undertakes to inform without delay UniversMini in the event that he notices the online offer of such products.
UniversMini reserves the right to immediately suspend the Member's account and the sums appearing therein and to bring to the attention of the competent authorities any purchase, any offer to sell, or any attempt to make an offer to sell on the Used & Craft service ofUniversMini such products. In such a situation, the Member will be liable for administrative fees. The Member authorizes UniversMini to collect these sums from the escrow account.
The member agrees to communicate courteously in the exchange of messages, via messaging UniversMini, during a question / answer on sales or research announcements, or on comments in the Passion Universe. It is therefore prohibited to:
Upload, send, transmit through your account or in any other way any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening to the privacy of others, hateful, racist, violating the honor or religion of a person or otherwise reprehensible; any content that would be contrary to the law in force in France, such as in particular those relating to pedophilia, sales of organs, sales of illicit substances or any other illicit objects and/or services, advocating terrorism, war crimes, Nazism, harming in any way minor users.
Transmit any content that could constitute, without the following being limiting, incitement to commit crimes and offenses; incitement to discrimination, hatred or violence on the grounds of race, ethnicity, religion or nation, apology for Nazism, contestation of the existence of crimes against humanity, false news, as well as any content intended to exhibit or sell prohibited objects and/or works, undermining the authority of justice, information relating to the adoption, trial, suicide of minors, or an individual tax situation, defamation and insult, invasion of privacy, attack on religion or freedom of worship, or an act endangering minors, in particular by the manufacture, transport, and dissemination of messages of a violent or pornographic nature or likely to seriously undermine human dignity.
Attempt to mislead other users by spoofing the name or corporate name of other people and more particularly by posing as a member of the team.UniversMini, to use your account to endorse comments that you could make on other sites, whether intended for the general public or not.
Upload, post, transmit through your account or otherwise any content that contains computer viruses, Trojan horses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications equipment, without limitation.
Harass in any way one or more other members, collect and store personal data relating to other members. It is also forbidden to repeat the same message subject several times in a row.
OBLIGATIONS OF SELLERS:
The Seller undertakes that any offer for a Product corresponds to a material good of which it has full ownership and capacity to sell, available immediately.The Seller undertakes to describe the Product offered for sale according to the criteria retained by UniversMini. The description of the Product must correspond to its actual characteristics. The Seller will mention: the name of the product, the characteristics of the Product, its state of use according to the scale proposed by UniversMini, the price of the product, the amount of shipping costs. The Seller may, if necessary, add photos to his offer of sale. An ad with poor quality photos (blurry, dark, product that is difficult to see ...) may be deleted by UniversMini.
The Seller is solely responsible for the proper execution of the obligation to inform the Buyers of the essential characteristics of the goods and, where applicable, of the evaluation of the shipping costs. He is solely responsible for the description of the goods he offers for sale. It guarantees UniversMini any complaint relating to the content and form of said description. The Seller undertakes to carry out all validations, checks and provide all necessary details so that the description and the elements of the offer are accurate and do not mislead the Buyer. In the event of an error in the description, the elements of the offer and / or in the evaluation of the shipping costs, the Seller will assume only any additional costs and no claim on his part will be admissible in this respect either with the Buyer thanUniversMini.
The Seller undertakes to confirm or reject its offer to sell within three days of receiving an email fromUniversMini informing him that the Product offered by him on the Occasion & artisanal service ofUniversMini has found a buyer. Failure to respond on his part after three days will constitute a cancellation of the offer to sell.
The Seller who is absent for more than 3 days can activate the "Vacation mode" option, if necessary. In this case, no Member will be able to buy a Product as long as the option is activated.
The Seller is solely responsible for the proper execution of the obligation to deliver the ordered Product. The Seller undertakes to send, at its own expense, the Product suitably packaged no later than two working days following the date of communication of the buyer's address. The Product travels at the risk and expense of the Seller.
When shipping the Product to the Buyer, the Seller undertakes not to insert any advertising for himself or for anyone else, in any form whatsoever (message, brochure, leaflet, sticker, etc.). The buyer's contact details must be used only for the purposes of executing the order and the legal obligations relating thereto. Any other use, rental, sale, resale or copying by the Seller is expressly prohibited.
SENDING PRODUCTS:
Once the sales offer has been validated, the Seller must ship the order quickly, respecting the shipping time indicated on the advertisement. This shipping time may not exceed 7 days. The Seller must ensure that the order is properly packaged. Shipping will be carried out by Colissimo with or without signature or with MondialRelay. The Seller will ensure that all documents relating to its shipments are kept.WITHDRAWAL:
The Buyer has a period of fourteen working days from the day of receipt of the goods to return them and be reimbursed if he considers that he made a mistake in his purchase. To do this, he must return the goods in their original condition and packaging. The Buyer must contact customer service UniversMini via the website form in order to receive the Seller's contact details for the edition of the Colissimo or Mondial Relay label. The return costs are the responsibility of the Buyer. Returns with "postage paid by the recipient" or "cash on delivery" are not authorized. The return of goods is made at the expense, risk and peril of the Buyer within 1 month after the order date. The refund will be made within 15 days after return of the goods and receipt by the Seller.TRANSACTION AND COMMISSION:
The Seller authorizes UniversMini to collect, in his name and on his behalf, the Transaction Price through the secure electronic payment system set up on the Occasion & artisanal service ofUniversMini or by any other means, which would subsequently be validated by UniversMini.For this purpose, the Seller authorizes UniversMini, in his name and on his behalf, to open an escrow account for the sums collected, with the banking establishment chosen by UniversMini or any other financial institution offering equivalent services that would replace it. The parties agree that this escrow account will only be used for the purposes of executing the general conditions of use of the Occasion & artisanal service ofUniversMini and in accordance with its provisions. The Seller expressly waives any claim to the benefit of the sums (interest or other) possibly produced by the immobilization of the amounts received during the transaction.
In remuneration for the use of the Occasion & artisanal service ofUniversMini, the Seller authorizes UniversMini to be deducted from the Transaction Price minus shipping costs, a Commission determined according to the terms defined below. The Commission is due by the Seller even in case of return of the Product by the Buyer, except for fault ofUniversMini.
The Commission is payable by UniversMini to the collection by UniversMini of the entire Transaction Price. The Commission comprises a fixed part of 0,40 euro as well as a variable part equal to 7,5%, the whole being deducted from the Transaction Price after deduction of shipping costs.
For example:
Transaction Price: 25,00 euros
Shipping costs: 8,00 euros
Commission: 0,40 + ((25,00-8,00) * 7,5%) = 0,40 + 1,28 = 1,68 euros
The sums received by the Member (after deduction of the Commission), following one or more transactions, are credited to his account UniversMini. The Member can use his account UniversMini to pay for purchases on the website UniversMini (http: // www.universmini.com), either for new products, or for the Occasion & artisanal service ofUniversMiniThe Member may also request the release of the sums received on his account. UniversMini, either by bank transfer (on the 5th and 20th of each month), or by bank check (on the 20th of each month).
OBLIGATIONS OF BUYERS:
For any first purchase for which the Transaction Price is greater than 150 Euros including tax, UniversMini may be required, exceptionally and in order to fight against possible fraud, to validate the identity of the Purchaser. Failure to provide the information required by UniversMini as part of identity validation, UniversMini may cancel the Transaction operated by the Buyer.The Buyer undertakes to have a standardized mailbox that complies with the recommendations of the postal services (dimensions of the mailbox, indication of residents' contact details, etc.).
The fact that one or more Products ordered from one or more Sellers on the Occasion & artisanal service ofUniversMini not being available is not a reason for waiving all of the Products ordered, the Buyer being bound by his acceptance of the offer of the other Product(s) available.
Upon receipt of the Products ordered, the Buyer will confirm their conformity with the order. Failing this, the Buyer will file a complaint. If after 15 days from the date of a purchase, no confirmation or complaint has been received, the transaction is deemed to be complete. The transaction is also deemed to be complete upon confirmation by the Buyer.
The assessment of the sale by the Buyer after receipt of the Product must be carried out in accordance with the scale made available to him on the Occasion & artisanal service ofUniversMini. The Buyer's assessment must be objective and honest, and must not include any element comparable to insult or defamation. UniversMini reserves the right to remove any assessment that does not respect these rules.
In the event of non-payment following fraudulent use of a means of payment, UniversMini will apply to the Purchaser administrative costs of an amount equal to 20% of the amount of the unpaid, without these costs being less than fifty euros excluding tax. The Member authorizes UniversMini to collect the amount of the unpaid amount, increased by the administration fees, from the Member's escrow account.
CLAIMS:
Any complaint of whatever nature relating to a Product must be presented to the customer service ofUniversMini by means of the forms on the site and/or telephone or by registered letter with acknowledgment of receipt. The complaint must be detailed and clearly indicate the reasons for dissatisfaction. The Buyer who files a complaint may withdraw it at any time. Any withdrawal is final.Members will act with all due diligence necessary for the proper resolution of the complaint. They will have to cooperate with the customer service ofUniversMini and provide it with the supporting documents required to process the complaint. They undertake to comply with the complaints handling procedures established below or communicated by customer service. In the event of non-compliance with these terms, the complaint will not be processed.
In the event of a complaint and until resolution of the dispute, the account UniversMini of the Member may be temporarily blocked by UniversMini. In the event of numerous complaints against the same Member, UniversMini also reserves the right to temporarily block the account UniversMini of said Member.
In the event of a return of a Product made by the Buyer and a refund request approved by UniversMini, UniversMini will instruct the escrow to reimburse the Transaction Price.
NO RECEIPT OF THE COMMANFROM:
The Buyer agrees to wait 10 days after notification of a sale to deposit withUniversMini a claim in the event of non-receipt, in whole or in part, of the Product ordered unless the Seller acknowledges not having sent the Product ordered.A claim of non-receipt of the total Product ordered, deemed well-founded by UniversMini may result, except fraud, reimbursement of the Buyer.
In the event of non-compliance by the Seller with the shipping methods, UniversMini does not guarantee reimbursement in the event of loss or theft.
LACK OF CONFORMITY:
A claim invoking the lack of conformity or breakage of the Product may result in the Buyer's obligation to return the Product.The return of a Product will only be accepted if it is the subject of a claim opened within 48 hours of receipt of the order. The Buyer undertakes to follow the instructions provided by the customer service ofUniversMini and to properly package the Product for transport. Returns are made by Colissimo or Mondial Relay, with return costs being borne by the Buyer.
After noting the non-conformity of the Product in relation to the Seller's offer, and receipt of the Return package by the Seller, UniversMini will reimburse the Transaction Price, if this has been debited from the Buyer's account.
RESPONSIBILITY :
The Seller declares and guarantees that it has the right to transfer the Product(s) transferred, that it is (are) in no way transferred, mortgaged, encumbered or more generally devolved in favor of a third party, and that the transaction it carries out is not likely to violate the rights of a third party. The Seller certifies by the sole fact of putting the Product online by it that its sale complies with the legal rules in force.Prior to any offer, the Seller will verify, where applicable, in particular by reading any licenses or conditions of use of the Product, that the rights of use of the Product authorize it to transfer it. The Seller guarantees and will indemnify on first request UniversMini against any damage suffered by UniversMini and against any liability action that may be taken againstUniversMini on the basis of the violation of any right of a third party.
In the case of characterized fraud (concealment, illegal importation, etc.), UniversMini will communicate all the necessary information, including personal information, to the competent services responsible for the repression of the aforesaid frauds and offenses.
UniversMini cannot be held responsible for the offensive, defamatory and more generally contrary to good morals and the laws in force character of the comments posted by a Member.
Except fault on his part, UniversMini cannot be held responsible for any damage suffered by a Member, in particular: operating or information losses. UniversMini cannot be held responsible for any malfunction, breakdown, delay or interruption of access to the Internet network.
Under the general conditions of use of the Occasion & artisanal service ofUniversMini, the responsibility ofUniversMini will be financially limited to the equivalent of the Transaction Price except for fault on its part.
TAXATION:
As a seller, for occasional sales and as part of your private property, you may be required to declare to taxes the income generated by sales made in the Used Universe:1/ Less than 3000 € / year: you have nothing to declare.
2/ More than 3000 € / year: you must declare your income and also register as a professional with the Chamber of Commerce and Industry. Income must be declared on professional declarations 2042 C PRO or 2031.
Special case: If you buy or manufacture to (re)sell you must declare your income (even if less than 3000 € / year) and also register as a professional with the Chamber of Commerce and Industry. Income must be declared on professional declarations 2042 C PRO or 2031.
GENERAL PROVISIONS :
This contract is a contract of indefinite duration. As such, it can be terminated at any time by UniversMini or by the Member without particular reason by simple notification.In the event of non-compliance by a Member with one of the following obligations: sale of counterfeit objects, opening of several accounts, fraud with means of payment, attempted fraud or any other criminal offense, UniversMini reserves the right to suspend the Member's access to the Occasion & artisanal service ofUniversMini, without prejudice to compensation for all damage possibly suffered by UniversMini; the Seller cannot invoke in this case the costs possibly incurred by him when putting his Goods online.
The suspension is only effective for the future. Thus, despite a suspension for any reason whatsoever, the Member remains required to pay the commissions due for a connection made before the effective date of suspension.
TERMINATION:
UniversMini has the right to modify these general conditions according to the evolution of its offer and the market. Any modification will take effect immediately for online offers as soon as they are notified to Members by any means chosen by UniversMini. They will not apply for transactions in progress at the time of their entry into force. Occasionally UniversMini may change code, telephone number, renumber, interrupt the service for operational, maintenance or emergency reasons.The Member will connect to the Occasion & artisanal service ofUniversMini by means of its own telecommunications terminal equipment. UniversMini does not provide the Member with any material means, telephone installation, terminal or other equipment, nor software or subscription.
Nominative data relating to Members are collected, recorded and stored in accordance with the provisions of the Law on computers, files and freedoms of January 6, 1978. Members have the right of access and rectification provided for by the law withUniversMini, responsible for the Occasion & Craft department ofUniversMini.
In the event of force majeure, the obligations of the prevented party will be suspended, in particular in the event of:
- act or omission of the government or competent higher authorities,
- blocking or failure of telecommunications networks,
- insurgencies, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, strike, flood, storm, third party act.
The invalidity of one or more clauses of the general provisions for the use of the Occasion & artisanal service ofUniversMini will not invalidate them.
This agreement is subject to French law. Any dispute with a Member arising from its interpretation and / or its execution falls within the jurisdiction of the Commercial Court of Dax.