Terms of Services

Terms of services of the Shoppydeals.co.uk MarketPlace

1. Buyer Terms and Conditions
2. Vendor Terms and Conditions
3. General Sales Conditions
4. Financial Provisions
5. Shipping methods and charges

1. Buyer Terms and Conditions

Introduction

Marketplace is a service offered by SHOPPYDEALS LTD, Headquarters: 20-22 Wenlock Road N1 7GU London City United Kingdom.

SHOPPYDEALS LTD has set up a Marketplace on www.shoppydeals.co.uk (hereinafter referred to as the “Site”) for major buyers (hereinafter referred to as “Buyers” or “You”), who, upon registration, will connect with vendors, professionals also registered on the Site (hereinafter referred to as “Vendors”), to purchase new and used products (hereinafter referred to as “Products”) offered at a firm price (hereinafter referred to as the “Service”).

Refurbished products may be sold among used products. They may include for instance products for exhibition or returned products which have been removed from their original packaging and manipulated. Refurbished products shall be as good as new. They shall be tested and factory refurbished and shall thus be guaranteed by the Vendor. They shall be delivered with all accessories in neutral but new packaging or in the original condition and packaging

In order to benefit from the Service, the Buyer shall agree to these Buyer Terms of services (hereinafter “Buyer Terms”) without restriction or reserve. The Buyer shall prove his agreement by a click of approval during registration on the Service.

Sales carried out through the Service between Buyers and Vendors shall be governed by the General Sales Conditions (hereinafter “Sales Conditions”), which the Buyer shall also be subject to for each purchase. They shall supplement these Buyer Terms.

1. Subject

These Buyer Terms are aimed at laying down the conditions under which SHOPPYDEALS LTD, through the Service, provides Buyers with technological tools to purchase products from Vendors.

2. Description of the Service

The Service shall consist of a set of tools which enables Buyers to get registered on the Site, liaise with Vendors, place orders for Products, set Product prices, confirm receipt of Products, and communicate with each other using an available messaging tool.

It shall also consist of a rating system which will allow the Buyer to assess the quality of his relations with Vendors.

Transactions conducted via the Service for the purchase of Products shall be direct between the Buyer and the Vendor. SHOPPYDEALS LTD shall by no means resell products offered by Vendors on the Service.

Thus Products purchased through the Service may not be returned or exchanged by SHOPPYDEALS LTD

In case of non-compliance with these Buyer Terms and Conditions, SHOPPYDEALS LTD reserves the right to temporarily or permanently discontinue the concerned Buyer’s access to the Service.

Each Buyer shall be committed to concluding purchases in good faith.

3. Access to the Service

Access to the Service by Buyers is strictly for personal use. When using the Service, the Buyer shall declare that he is acting in a private capacity.

In addition to complying with these Buyer Terms, access to the Service shall be subject to the creation of an account on the Site. This shall require the entering of personal identification data. During the creation of an account, You shall agree to provide only accurate information, and using the messaging tool available to You as part of the Service, You shall inform SHOPPYDEALS LTD without delay of any changes likely to affect it.

In order to use the Service, the Buyer must insert the username and password the Buyer used when the Buyer created his account. The Buyer shall agree to keep this information secret and not disclose it to any third party. Indeed, the Buyer will be solely responsible for access to the Service using your username and password, unless proof of fraudulent use for which you are not liable is found.

In case of loss, misappropriation or unauthorized use of your username and/or password, You shall agree to immediately notify SHOPPYDEALS LTD customer service.

4. Cost of the Service

Creating an account and using the Service is free of charge (excluding any connection costs, whose price depends on your electronic communication service provider). There is no obligation to buy on the Site. Only the purchase of Products from Vendors shall require payment subject to the conditions laid down in this document.

5. Personal Data

Your personal data shall be processed by SHOPPYDEALS LTD as controllers.

Purposes :

Your account information and your purchasing data will be processed in order to create and manage your account, manage your purchases and monitor their statuses as well as to perform fraud prevention activities, statistical analysis and customer knowledge operations. SHOPPYDEALS LTD also processes your data for marketing and targeted advertising (commercial sollicitation by electronic, postal and telephonic means, profiling) for its own purposes or that of its partners as part of its advertising network. Depending on your choices, your contact details and your profile information may be transmitted to commercial partners for commercial sollicitation and targeted advertising.

Unless you object to it, your phone number may be used for commercial solicitation purposes by SHOPPYDEALS LTD or its partners. You can read about how your data is processed for commercial solicitation, targeted advertising as well as object to it at any moment on this page.

Data transfers :

Your data is transmitted to Vendors for purchases management and delivery purposes only, as well as to allow them to comply with their legal or regulatory obligations when applicable. Depending on your choices, your data may also be sent to other subsidiaries of the SHOPPYDEALS LTD for the purpose of customer knowledge and service improvement.

Our platform is open for Vendors from around the world and, as a consequence, some data transfers described in the previous paragraph may be towards Vendors located outside of the European Union’s territory if you bought a product from one of them. Those transfers are strictly necessary for the performance of the purchase you make from these Vendors.

You have rights of access, correction, deletion, limitation and opposition on your personal data, which you can exercise by using the chatbot on our Data protection policy or by adressing your request an email request to our Data Protection Officer by email co*****@sh*********.fr, or by mail at the following address : SHOPPYDEALS LTD 20-22 Wenlock Road N1 7GU London United Kingdom.

For more information on the processing of your personal data, please read our data protection policy here.

6. Intellectual Property

6.1 – All texts, comments, articles, illustrations, works, and images reproduced or represented on the Site are strictly reserved under copyright laws and as intellectual property, throughout the duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, private use is permitted, subject to different rules of the intellectual property code, some of which are more restrictive. Any total or partial reproduction, modification or adaptation of the Site and/or of all or part of the elements found on the Site or incorporated into it is strictly prohibited.

6.2 – Company names, trademarks and distinctive signs displayed on the Site are protected under trademark law. Reproduction or representation of all or part of the aforementioned signs is strictly prohibited and is subject to prior written approval of the trademark owner.

6.3 – Some Products are subject to personal and specific usage rights which regulate copying, public broadcasting, rentals, etc. Contractual conditions that are applicable to Products must be respected and SHOPPYDEALS LTD shall not be liable for any use that may be made of Products within this framework.

7. Responsibility

SHOPPYDEALS LTD liability to the Buyer may be incurred only for facts which are directly attributable to it, and which may cause him harm directly linked to these facts. It shall not be liable for consequential damages. SHOPPYDEALS LTD liability shall not be initiated due to the misuse of the Service by the Buyer or due to any fault of his own. It shall not be liable for events imputable to a third party to the Service.

Finally, SHOPPYDEALS LTD disclaims any liability with regard to deals struck by Buyers with Vendors through the Service, to which it remains an outsider. Any complaint arising from comments on the description or delivery of Products shall be redirected to the designated Vendor who will assume full and sole responsibility.

The Buyer shall be solely responsible for his use of the Service, including assessments made on the Site, and shall ensure, on first demand, that SHOPPYDEALS LTD is indemnified and compensated for any damage, loss, or shortfall which SHOPPYDEALS LTD may suffer if found liable by a third party as a result of an action related to this use of the Service by the Buyer.

8. Partial Invalidity

If one or more provisions of these Buyer Terms and Conditions are found invalid or declared as such under any law, regulation, or final decision of a competent jurisdiction, the remaining provisions shall retain their full force and scope.

9. Applicable Law and Processing of Claims for the Service – Online settlement of disputes.

These Buyer Terms and Conditions are subject to UK law.

Any dispute arising from their interpretation and/or execution shall fall within the jurisdiction of UK courts.

For any claim under the Service, please contact the Support.

The Buyer may use the mediation service for any claim under the Service.

In accordance with the rules applicable to the mediation, any claim under the Service must be sent beforehand to the Service via the procedure indicated in this disposition.

Online Platform for the settlement of disputes : In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online platform for the settlement of disputes, facilitating independent settlement out of court, of online disputes between consumers and professionals in the European Union.

This platform is available at the following link: https://webgate.ec.europa.eu/odr/

2. Terms and Conditions for Vendors

Introduction

SHOPPYDEALS LTD has set up a Marketplace on www.shoppydeals.co.uk (hereinafter referred to as the “Site”) for major vendors (hereinafter referred to as “Vendors” or “You”), who, upon registration, will connect with buyers or individuals, also registered on the Site (hereinafter referred to as “Buyers”), to sell new and used products (hereinafter referred to as “Products”) at a firm price (hereinafter referred to as the “Service”).

Refurbished products may be sold among used products. They may include for instance products for exhibition or returned products which have been removed from their original packaging and manipulated. Refurbished products shall be as good as new. They shall be tested and factory refurbished and shall thus be guaranteed by the Vendor. They shall be delivered with all accessories in neutral but new packaging or in the original condition and packaging.

In order to benefit from the Service, the Vendor shall agree to these Vendor Terms and Conditions (hereinafter “Vendor Terms”) without restriction nor reservation. The Vendor shall prove his agreement by a click of approval during registration on the Service.

The rights and obligations arising from the relationship between SHOPPYDEALS LTD and the Seller are personal, non-assignable and non-transferable.

Sales performed through the Service between Buyers and Vendors shall be governed by the General Sales Conditions (hereinafter “Sales Conditions”), which shall be deemed to have been accepted at each confirmation of order. They shall supplement these Vendor Terms.

SHOPPYDEALS LTD reserves the right to amend these Terms. Any modification will take effect within the period indicated for online Products by SHOPPYDEALS LTD upon notification of the Vendor. They shall not be applicable to transactions in progress at the time of entry into force.

1. Subject

These Vendor Terms are aimed at laying down the conditions under which SHOPPYDEALS LTD, through the Service, provides Vendors with technological tools to sell their products to Buyers.

2. Description of the Service

The Service consists of a set of tools allowing Vendors to get in touch with Buyers to offer Products for sale, reference and describe these Products, accept orders from Buyers, receive payment for purchased Products, and manage after-sales services for sold Products.

Transactions conducted via the Service for the sale of Products shall be direct between the Buyer and the Vendor. SHOPPYDEALS LTD shall by no means resell products offered by Vendors on the Service.

Moreover, in case of breach of Vendor Terms, SHOPPYDEALS LTD reserves the right to temporarily or permanently discontinue the concerned Vendor’s access to the Service, by suspension or termination in accordance with Article 8.

As a matter of principle, the Seller is responsible for all taxes, duties, levies and eco-contributions due in respect of the transaction it enters into with a Buyer.

For transactions for which SHOPPYDEALS LTD is liable for VAT due to the fact that the Products are imported from a country outside the European Union, the Seller acknowledges that the accuracy of the tax regime relating to a transaction between a Seller and a Buyer depends on the information communicated by the Seller to SHOPPYDEALS LTD. Consequently, the Seller undertakes to provide SHOPPYDEALS LTD for each transaction with a Buyer with the place of shipment of the Products sold to this Buyer.

For each transaction with a Buyer, the Seller acknowledges that it is fully liable for the customs duties due for the introduction of Products into the territory of the European Union, undertakes to pay them in full and to include them in the tax-free sale price of the Products. In no circumstance shall the customs duties paid in respect of the Products be invoiced separately or left to the Buyer.

3. Access to the Service

In addition to complying with these Vendor Terms, access to the Service shall be subject to the creation of a Shoppydeals account and the payment of a yearly subscription of $299. This shall require the entering of personal identification data. During the creation of an account, the Buyer shall agree to provide only accurate information, and to inform SHOPPYDEALS LTD without delay of any changes likely to affect it through the messaging tool provided as part of the Service.

This Service implies the opening of a Seller Payment Account with payment partners (Stripe). The Seller Payment Account is solely reserved for the recording of payment transactions relating to the sale of products by the Seller to a Buyer, offered through the Marketplace service provided by SHOPPYDEALS LTD as Agent.

During the registration process, the Vendor will have to sign a payment account agreement with payment partners Stripe represented by SHOPPYDEALS LTD in its role as financial agent.

The opening of the payment account is an integral part of the Service. Therefore, without the opening of the payment account with payment partners, the Vendor will not have access to the Service.

Access to the service is restricted to a single account, multiple accounts will be deleted immediately unless prior approval has been obtained from SHOPPYDEALS LTD.

SHOPPYDEALS LTD could delete an account if it has one or several elements in common with an account previously deleted for failure to its obligations.

In order to use the Service, the Buyer should enter his username and password the Buyer used when creating your account. The Buyer shall agree to keep this information confidential and not disclose it to any third party. In fact, the Buyer will be solely responsible for access to the Service using his username and password, unless proof of fraudulent use for which the Buyer is not liable is found.

In case of loss, misappropriation or unauthorized use of his username and/or password, the Buyer shall agree to immediately notify SHOPPYDEALS LTD customer service through the login page of the Seller account.

The Seller is solely responsible for the improper access, damage, disruption and adverse consequences caused by its breach of the confidentiality of the identifiers.

4. Obligations concerning Transactions through the Service

4.1. General Obligations

Vendors shall identify themselves to Buyers as acting in a professional or non-professional capacity. They shall explicitly agree to identify themselves as Professional Vendors when they regularly make sales through the service for profit.

Vendors shall agree to comply with relevant business legislations (including registration, accounting obligations, social and fiscal legislation). Vendors can indeed be required to file tax and social declarations in relation to the products they sell on the Site.

Vendors shall also comply with the laws and regulations imposed upon them by their business with particular reference to specific Products they sell on the Site (such as, for instance, reporting to the Taxation Administration for vendors of television sets).

Furthermore, it is expressly forbidden for a Vendor to directly or indirectly, promote, in any form whatsoever (including the insertion of hyperlinks, messages in product descriptions, print-outs in packages shipped to Buyers, or using the URL of his website in his username or Vendor page, or by using a cardboard box) his products or services, as well as those of any other person.

Vendors shall avail themselves of all means to provide Buyers with optimal satisfaction by delivering quality services.

They shall be particularly committed to answering SHOPPYDEALS LTD Customer Service and Sales Department emails as well as emails from Buyers in English and within 2 business days from receipt,

All interactions between the Vendor and SHOPPYDEALS LTD shall be strictly confidential. The Vendor thus undertakes not to disclose the content of such interactions to a third party.

Vendors shall avoid, without this list being exhaustive, the use of visual or trade names, pseudonyms, statements or other messages which may be abusive, contrary to public convention or morality, or which may infringe the rights of persons or the intellectual property rights of third parties, laws and regulations, or the SHOPPYDEALS brand. Failing which,SHOPPYDEALS LTD reserves the right to temporarily or permanently discontinue the concerned Vendor’s access to the Service, by suspension or termination in accordance with Article 8.

Seller agrees to hold a positive commercial balance on his account at any time.

4.2. Obligations concerning Products Offered on the Site

The Vendor shall ensure that he sells only products which he owns or which he has the right to sell. He shall ensure that the Products do not in any way violate the laws, current regulations and standards, mandatory or not (especially on the marketing of games, toys), and do not infringe the rights of third parties. Thus, the Vendor shall not sell any Products considered as infringing goods by the Intellectual Property Code or any Product whose marketing is regulated under legislative, regulatory or contractual provisions (notably due to the existence of a selective distribution network). The Vendor shall be solely responsible for the sale of Products he offers on the Service.

Without this list being exhaustive, the Seller is prohibited from offering on the Site: pornographic products and more generally, those undermining morality; property that incites racial hatred or discrimination based on race, sex, religion, nationality, physical ability, sexual orientation or age; stolen objects; drugs or drugs of all types; weapons, weapons of war and ammunition; live animals; alcoholic beverages.

The Vendor shall undertake to act in good faith in the description associated with Products offered on the Site. He shall be solely responsible for the accuracy of the information contained therein and shall ensure that they are not likely to mislead potential buyers, with regard to the characteristics of the Product, the associated guarantees, and the state or price of the Product. With regard to used Products in particular, the Vendor shall make an accurate description of the product’s state. The Vendor shall notify the Buyer of all information enabling them to know the essential characteristics of the product (if applicable, composition of the product including accessories, origin, legal guarantees, the terms of their implementation, or any other contractual conditions, etc.).

The Vendor shall further ensure that the illustrations/images provided in the description associated with each Product (photographs, drawings, etc.) clearly illustrate the Products in question, respect the rights of third parties, and do not violate public convention or morality. The Vendor shall guarantee Shoppydeals Ltd that he possesses the rights, especially intellectual property rights for these illustrations which allow them to be used in the presentation of products.

The Vendor shall also specify in the description associated with offers the shipping country of the Products.

Thus the Buyer cannot be asked to pay any other sum than that appearing on the Product description.

4.3. Obligations concerning Product Prices

Product prices shall be freely determined by the Vendor, in accordance with laws and regulations.

These prices shall be mentioned on the Site including all taxes and fees (notably VAT, Import VAT, customs duties, packaging, environmental tax, private copy levy as the case may be, etc…). They shall be exclusive of delivery charges, the latter being added by SHOPPYDEALS LTD to the price of the order when the Buyer validates his purchase.

4.4. Obligations concerning Product Sales

Sales contracts for Products offered by the Vendor on the Site shall be concluded between the Vendor and the Buyer. The Vendor shall offer only available Products on the Site and shall immediately remove offers on Products which are no longer available. The Vendor shall be solely responsible for the unavailability of the product which he alone masters.

The Vendor shall be notified by email, through his Vendor interface or API if he chooses this option and in his account by Shoppydeals Ltd when a Product he posted has been ordered by a Buyer.

The Vendor shall confirm the order within 2 business days from receipt of the information referred to in the preceding paragraph.

Also, the Vendor shall undertake to regularly check, at least once per working day, emails received at the address given to SHOPPYDEALS upon creation of his account and, subsequently, in case of any change affecting this information, in order to be able to confirm Products ordered by the Buyers.

The confirmation of the order by the Vendor shall imply the Vendor’s commitment to ship Product(s) within the period referred to in paragraph 4.5 (v) below. Failure on the part of the Vendor to reply within the time limit stipulated in the preceding paragraph, shall result in the automatic cancelation of the sales contract and the Vendor’s account shall be placed “on vacation”.

In case of absence or unavailability for more than 2 days, the Vendor shall temporarily suspend the placement of his Products online for sale by using the tool “vacation” made available on the Service.

The Vendor shall ensure to fulfill at least 95% of orders for Products offered for sale on the Site from the creation of his account.

Otherwise, SHOPPYDEALS LTD and Vendors who have made at least 5 sales, shall reserve the right to temporarily or permanently discontinue access to the Service for the Vendor in question, suspending or terminating these provisions in accordance with Article 8.

4.5. Delivery-Related Obligations

(i) The description associated with each product on the Site shall indicate delivery methods proposed for the product.

The following shipping terms can be proposed to the Buyer under the conditions defined below:

• Normal shipping
• Tracked shipping
• Shipping against signature

For Products less than or equal to €25 VAT, delivery shall be done at the discretion of the Buyer.

For any Product ranging between €25 and 200 VAT, delivery shall be done by tracking or against signature.

For Products amounting to more than €200 VAT, delivery shall be imperatively done against signature.

The Vendor shall respect the shipping method chosen by the Buyer.

The Vendor may refuse to deliver the ordered Product in normal mode regardless of its price. In this case, he shall expressly include this reservation on the associated product description. Otherwise, he shall be compelled to comply with the criteria for choosing delivery provisions contained in the preceding paragraphs.

(ii) Product shipping costs are calculated as follows:

Professionals Vendors shall nevertheless be free to set their schedule for delivery.

(iii) The Vendor shall send the Buyer a purchase order of the purchased product. The Vendor shall attach to the delivery of a Product an invoice or other document which will enable the Buyer to lay claim to his warranty.

(iv) The Vendor shall undertake to provide all the necessary care for the packaging of Products in order to prevent damage during transportation. Products shall be shipped at the expense and risk of the Vendor.

(v) Fnac Direct shall forward to the Vendor, no later than 24 hours after the order is placed, the Buyer’s information necessary for the delivery of the Products.

(vi) The Vendor shall ship Products ordered within 2 working days after confirmation of the Product’s order.

If the Seller’s delivery period is longer than the aforementioned period, the Seller agrees to mention this in the product description.

4.6. Obligations concerning Product-Related Disputes

As a rule, the Vendor shall undertake to implement, in good faith, all necessary means to fulfil his obligations in delivering quality services to Buyers.

At any time, the Buyer has the option to contact the Vendor and address all requests or claims with regard to Products ordered via the messaging tool provided by the Service, including claims to any valid warranties.

In addition to the messaging tool, a dedicated key shall be provided for the Buyer to indicate in his account – within 90 days for purchases – any complaint concerning Products, (e.g. product not received, etc.).

Beyond these deadlines, the Buyer retains the right to contact the Vendor to make any claim for Products ordered using the messaging tool available via the Service.

In case of any complaint from a Buyer regarding a product, including where the Vendor is informed of the complaint through the information tool made available in the Service and/or by an email from SHOPPYDEALS LTD, the Vendor shall be personally responsible for the resolution of the dispute between him and the Buyer. Disputes shall be settled directly between the Buyer and the Vendor through the messaging tool made available on the Service, where necessary. The Vendor shall make every effort to resolve the dispute with the Buyer amicably.

However, if the Vendor has not resolved the dispute with the Buyer within 8 working days from the receipt of the complaint, SHOPPYDEALS LTD reserves the right, after having informed the Vendor, to reimburse the Buyer. The same amount shall then be deducted from the money to be disbursed to the Vendor by SHOPPYDEALS LTD for Products sold by the Vendor through the Service.

If the Buyer’s complaint is well founded, the Vendor shall proceed either to return the ordered Product or refund the Buyer. Upon exercise of the right of withdrawal by the Buyer, SHOPPYDEALS LTD, as a trusted third party, shall refund amounts paid (including delivery charges) in no later than 14 days after the right of withdrawal was exercised by the Buyer with the Seller and that SHOPPYDEALS LTD was informed.

This refund date may be postponed until recovery of the Product or until the Buyer has simultaneously provided the Seller and SHOPPYDEALS LTD with proof of the Product’s shipment, the date considered being the date of the first of these facts. Reimbursement will be made by the same method of payment used by the Buyer (by bank card). This amount will then be deducted from the amounts paid to the Vendor by SHOPPYDEALS LTD for Products sales. However, if the account of the Vendor has a debit of over €150, repayment of the returned Product by the Buyer shall be made directly by the Vendor to the Buyer.

SHOPPYDEALS LTD reserves the right to suspend or terminate these conditions as provided for in Article 8 for infringement by the Vendor who has carried out at least 5 sales with a complaint rate of over 5% in orders.

4.7. Non-compliance with Buyer’s obligations

It is recalled that SHOPPYDEALS LTD reserves the right to temporarily or permanently suspend the Vendor’s access to the service in case of non-compliance with obligations as provided for in Section 8.

5. Financial Provisions

For each order of Products received by a Buyer, SHOPPYDEALS LTD shall receive from the Vendor a commission equal to a percentage of the corresponding amount, including shipping and VAT. This commission shall be calculated as follows according to the Product categories defined below:

Sample calculation for the purchase of a New White Good: if an order to purchase a New Product totals € 425 incl. VAT with a shipping cost of € 49 incl. VAT, the rate of 6.5% will be applied on the product price and shipping costs, representing a total of € 30.81 incl. VAT on the total amount of € 474 incl. VAT.

For example, for a smartphone screen filter totalling € 2.20 including VAT and shipping costs, referral fees shall be € 1.19, replacing the fee of the “Accessories – for technical products, white goods, small appliances and tableware” category”

SHOPPYDEALS LTD will repay to the Vendor the full amount of the price of the order, net of referral fees, after confirmation by the Buyer that the purchased product(s) has/have been received.

It is specified that the commission remains acquired by SHOPPYDEALS LTD in case of the repeated and / or abusive cancellation of the order on the initiative of Seller.

Billing will be done every 1st, 5th, 10th, 15th, 20th, or 25th of the month.

Pursuant to this confirmation, payment will be made by bank transfer to the account whose details were provided by the Vendor under “My Account”, on the Tuesday or Thursday after billing is done (same day where applicable).

Example 1: A product is received on Monday, 22 June, billing is done on 25 June. The bank transfer will be wired on the same day as billing (Thursday, 25 June).

Example 2: A product is received on Wednesday, 12 January, billing follows on 15 January. The bank transfer will be wired on the Tuesday following billing (18 January).

Failure to confirm receipt of a Product by the Buyer and in the absence of a complaint from the Buyer to the Vendor within the stipulated time limits, the Product shall be deemed to have been received 21 days after the date of debit from the Buyer’s bank account, or following the actual shipping date.

SHOPPYDEALS LTD reserves the right to suspend the payment of amounts due to the Vendor in case of breach by the Vendor of his obligations.

6. Vendor Assessment

SHOPPYDEALS LTD provides Buyers with means to assess the performance of Vendors at the end of the confirmation of receipt of products ordered, thus enabling Buyers to choose products from the most serious Vendors who comply with the Terms and Conditions.

The assessment shall be based on an evaluation criteria and the awarding of stars.

For Vendors who have made at least 5 sales since the creation of their account, SHOPPYDEALS LTD reserves the right to temporarily or permanently discontinue access to the Service if their assessment is lower than 4,5 by suspending or terminating these provisions under the conditions laid down in Article 8

Automatic rules will be applied in case of failure by the seller to their obligations according to various degrees.

If one of the following rules is proven, the Seller account will automatically be “on hold”:

• Average grade: 4.3 / 5 (Acceptable grade: 4.5 / 5)
• Acceptance rate: 93% (Acceptable rate: 95%)
• Claim rate: 7% (Acceptable rate: 5%)
• Spontaneous repayment rate: 7% (Acceptable rate: 5%)

If any of the following rules are true, the Seller account will be automatically disabled:

• Average grade: 4/5 (Acceptable grade: 4,5 / 5)
• Acceptance rate: 90% (Acceptable rate: 95%)
• Claim rate: 10% (Acceptable rate: 5%)
• Spontaneous repayment rate: 10% (Acceptable rate: 5%)

7. Ranking of offers

7.1 Criteria for ranking the MarketPlace Vendor bids visible on the Product sheets:

When the Product is offered on the site both by SHOPPYDEALS and by Vendor, the default ranking criterion used is the SHOPPYDEALS Vendor and the increasing price.

Regardless, it is possible for the internet users to modify this product sheet classification by selecting a different sorting criterion according to:

• descending price
• Vendor evaluations
• the number of sales made by Vendors

When the Product is offered on the site solely by Vendors, the classification criterion of the Vendor at the top of the Product sheet is based on quality criteria such as rating, the complaints against the Vendor, and their degree of professionalism .

The default ranking criterion of Vendor’s offers is the SHOPPYDEALS and the increasing price.

The default ranking between the SHOPPYDEALS Vendor is the increasing price.

7.2 Ranking criteria on the results pages:

By default, the bids appearing on the result pages resulting from a search are ranked according to their relevance to the user’s search.

Still, it is possible for the Internet user to modify this ranking on the result page by selecting a different sorting criterion: The ranking may be modified by selecting a different sorting criterion according to:

• The lowest price
• The highest price
• Best-selling products
• Internet user ratings
• New products

It is also possible that certain offers identified by the mention “sponsored” appear in the result pages because they are subject to remuneration from SHOPPYDEALS.

8. Suspension – Termination

8.1 These Terms and Conditions are concluded for an indefinite period. Either party may terminate the Terms and Conditions at any time without justification, subject to compliance with a notice period of 2 months.

8.2 Should a professional Vendor fail to meet any of his obligations after formal notice sent by all means without reply for a period of 15 days, SHOPPYDEALS LTD may terminate this Agreement by sending a registered letter with acknowledgement of receipt.

8.3 In the event of serious and/or repeated failure by the Seller to meet its obligations or affecting its accounts, such as, but not limited to: fraud, failure to comply with its tax obligations or tax commitments set forth in Article 2 hereof, abusive language, counterfeiting, infringement of third party rights, failure to comply with at least one of the quality indicators (…),SHOPPYDEALS LTD may terminate these Terms and Conditions without notice and without the Seller being able to claim any compensation whatsoever.

In particular, a serious failure is constituted by (i) the failure to comply with VAT obligations (declaration and payment of VAT relating to transactions subject to VAT in France) which results in the implementation of the procedure provided for in Article 283 bis of the CGI, (ii) the communication to SHOPPYDEALS LTD of inaccurate information on the identity of the Seller and on the country of its registered office, (iii) the communication to SHOPPYDEALS LTD of an erroneous place of dispatch.

In the event the tax authorities report an irregularity of the Seller, for any reason whatsoever, SHOPPYDEALS LTD may proceed to block the Seller’s payments for the time necessary to carry out the related investigations,

8.4 When this Agreement is terminated for serious failure to meet its obligations, the SHOPPYDEALS LTD Group reserves the right to terminate the other Agreements between the Seller and the SHOPPYDEALS LTD Group, provided the applicable notice period is observed.

9. Mediation service for consumer disputes – online dispute resolution

In accordance with the regulations, SHOPPYDEALS LTD offers Buyers a mediation service for consumer disputes related to transactions made through the Service.

Mediation fees will be invoiced by SHOPPYDEALS LTD to the Seller.

Online Dispute Resolution platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement of disputes by out-of-court action online between consumers and professionals in the European Union.

This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/

10. Personal Data

Your personal data as a “Vendor” is processed by SHOPPYDEALS LTD (hereinafter SHOPPYDEALS LTD) and by his payment partners  acting respectively as the parties responsible for the processing carried out as part of the Service, namely:Processing performed by SHOPPYDEALS LTD Managing vendor account registration and tracking;
Forging relationships with buyers;
Preparing sales statistics;
Managing requests for access, correction and opposition;
Operations related to market research and customer profiling;
Fraud prevention and risk management;Processing carried out bypayment partners :

KYC, recertification, contract performance, product and services management, Vendor account opening and maintenance, collection, anti-money laundering and anti-terrorist financing, anti-fraud, risk management, reporting, training of the Agent’s employees, provision of payment services, compliance with applicable regulations.

This processing has different legal bases: contractual performance (management of the commercial relationship and account agreement) and/or legitimate interest of SHOPPYDEALS LTD or payment partners (fraud, risk assessment and management), and/or consent and/or under legal obligations to which SHOPPYDEALS LTD and/or payment partners are subject, specifically KYC, anti-money laundering, anti-corruption, anti-terrorist financing and management of financial embargoes, namely to meet its reporting requirements and/or due diligence in accordance with the applicable regulations.

For the purposes described above, SHOPPYDEALS LTD and payment partners may disclose certain information to service providers, other companies in their respective groups, or business partners, in particular:

• the GIE CB for the acceptance of card payments in the CB system, to meet anti-fraud requirements and manage potential legal action, in accordance with the tasks defined in the GIE CB bylaws and to meet regulatory or legal obligations, including those related to criminal or administrative matters in connection with use of the card.
• Aggregators for statistical purposes
• Partners for the purposes of market research by electronic, postal or telephonic means.

You may object to this disclosure by writing to the following address and providing proof of your identity: MARKETPLACE SHOPPYDEALS LTD, 20-22 Wenlock Road N1 7GU London United Kingdom

SHOPPYDEALS LTD also collects certain data exclusively on behalf ofpayment partners, which is its sole recipient.

You are hereby informed that data concerning you may be sent for the purposes of managing the commercial relationship (call center) to companies located outside the European Union (Morocco and Madagascar) which observe less stringent data protection measures than those applied in the European Union. Prior to transfer outside the European Union, SHOPPYDEALS LTD has taken the necessary measures and guarantees to secure such transfers.

Payment partners keeps Vendors’ KYC files according to the following criteria:

• Validated files: up to ten (10) years after the end of the contractual relationship;
• Rejected files: up to three (3) years after rejection;
• Files pending additional information: three (3) years after being collected without a response from the Vendor.

Other data collected by Payment partners is kept for the entire duration of the contractual relationship and for ten (10) years after the end of the contractual relationship.

Data collected by SHOPPYDEALS LTD is kept for the longest of the required periods in accordance with applicable legal and regulatory provisions or another duration depending on operational constraints.

In accordance with the regulations governing the protection of personal data, you may exercise your rights (access, correction, deletion, opposition, limitation and portability, where applicable) and determine the fate of your personal data “post mortem” by contacting

• SHOPPYDEALS LTD by email: co*****@sh*********.fr or by mail: MARKETPLACE SHOPPYDEALS LTD, 20-22 Wenlock Road N1 7GU London United Kingdom
• Payment partners at the address provided in the confidentiality policy available on the site.

For faster processing of your request, please provide your first and last names, email address and postal address. Certain requests to exercise your rights (right to access) must include a photocopy of an identity card bearing your signature to verify your identity and you must specify the address to which the response should be sent. You will then receive a response within a period of 1 month following receipt of the request.

You may submit your comments at any time during the risk analysis conducted by SHOPPYDEALS LTD for the purposes of fraud prevention.

You also have the right to lodge a complaint with the French Commission for Information Technology and Civil Liberties (CNIL – Commission Nationale de l’Informatique et des Libertés), on its website www.cnil.fr.

SHOPPYDEALS LTD has a Data Protection Officer (DPO) responsible for guaranteeing the protection of personal data. You may contact the SHOPPYDEALS LTD Data Protection officer at the address co*****@sh*********.fr (excluding requests to exercise your rights which should be expressed on the chatbot of our privacy policy)

For more information on data processing carried out by SHOPPYDEALS LTD, click here to read the confidentiality policy.

SHOPPYDEALS LTD uses cookies. For more information on cookies, click here

The Vendor irrevocably undertakes to use any personal data about the Buyer that is forwarded to it by SHOPPYDEALS LTD solely for the purposes of delivering the Products and meeting the related legal and regulatory obligations, notably concerning bicycle identification when applicable. They agree not to retain any copies after shipping the ordered Product(s). Any other use, rental, sale, resale or copying by the Vendor are strictly forbidden. In connection therewith, the Vendor may need to receive information by email related to the Service from SHOPPYDEALS LTD.

Anti-fraud :

To combat fraud (failure to deliver to clients, payments outstanding, etc.) or unacceptable behavior by the Vendor (complaints, negative reviews or insufficient satisfaction rates, etc.) and to thereby assure Service Users of optimal service quality, the Vendor’s personal data collected on site is processed by SHOPPYDEALS LTD to determine the level of risk of fraud and confidence associated with the Vendor account. As part of this analysis, SHOPPYDEALS LTD may call upon its providers specializing in risk prevention to refine its analysis. Some of these providers may also be sent the results of the analysis carried out and may use it on their own account to populate their own incident file. Certain data in connection with the terminal associated with the Vendor account may also be transferred to the United States. SHOPPYDEALS LTD takes all necessary measures and guarantees to secure these transfers.

Messages exchanged between the Vendor and the Buyer through SHOPPYDEALS LTD are retained by SHOPPYDEALS LTD and may be used as proof of improper conduct by the Vendor.

SHOPPYDEALS LTD may, based on the results of the checks carried out on Vendor accounts (at registration and during the life of the account), the confidence index assigned to the Vendor or the Vendor’s conduct, take measures, such as denying registration of the Vendor on the Marketplace, temporary suspension or definitive closure of the Vendor’s account.

These measures may also have the effect of suspending payment to Vendors in the event that the Vendor has not or may not fulfill delivery. The occurrence of an incident (delivery failure, payments outstanding for SHOPPYDEALS LTD, account closure, negative confidence index, etc.) may result in data related to the account in the SHOPPYDEALS alert file being recorded, which, at the time of subsequent connections or Vendor registrations, may require SHOPPYDEALS LTD to carry out additional checks or deny Vendor’s registration.

At any time during the analysis conducted by SHOPPYDEALS LTD, you may submit your comments in writing to Customer Support. Furthermore, in accordance with the French law on information technology and civil liberties of January 6, 1978, you have rights of access, correction, deletion and opposition provided for by the law of January 6, 1978 in relation to information technology, files and civil liberties. In accordance with the regulations in force, your request should be signed and include a photocopy of your identity card bearing your signature and specifying the address to which your response should be sent.

To exercise your anti-fraud rights, you may contact us at co*****@sh*********.fr or by mail to SHOPPYDEALS LTD, 20-22 Wenlock Road N1 7GU London United Kingdom and provide your name, surname and email address.

Vendors located outside of the European Union :

If your perform your activity from a country located outside of the territory of the european Union, you undertake to process any personal data transmited to you in compliance with the european Regulation EU 2016/679 of April the 27th 2016 (the « GDPR »). You also aknowledge that you take any technical and organisational measure appropriate for guaranteeing the confidentiality, integrity and availability of the data.

Whenever you receive personal data from SHOPPYDEALS LTD for purposes limited to the performance of your orders, you act as this personnal data’s controller. If you engage a data processor to carry out specific processing activities on your behalf, you implement procédures allowing you to guarantee they only process the data on your instructions only and they are held to the same obligations as you are in terms of data protection.

11. Intellectual Property

11.1 – All texts, commentaries, articles, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property laws for the duration of these laws and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, private use is permitted, subject to different rules of the intellectual property code, some of which are more restrictive. Any total or partial reproduction or representation of the Site and/or of all or part of the features found on the Site or incorporated in it is strictly prohibited.

11.2 – Company names, trademarks and distinctive signs displayed on Fnac Site are protected under trademark law. Reproduction or representation of all or part of the aforementioned signs is strictly prohibited and is subject to prior written approval of the trademark owner.

11.3 – Some products are subject to personal and specific laws regulating copying, public dissemination, and hiring. You shall respect the Terms and Conditions of these products and SHOPPYDEALS LTD shall not be liable for any use of Products within this framework.

11.4 – SHOPPYDEALS LTD reserves the right to use the Vendor’s intellectual property rights within the framework of the Service.

12. Liability

The Vendor shall warrant and indemnify SHOPPYDEALS LTD on first request against all damage suffered by SHOPPYDEALS LTD and against any liability action against SHOPPYDEALS LTD resulting from a breach by the Vendor of any third party rights including those of a Buyer, regardless of whether the damage is a result of the sale of Products, the Vendor’s of the Service, or any other act for which he may be responsible.

SHOPPYDEALS LTD shall be held liable to the Vendor only for happenings that are directly attributable to him and this liability shall be limited to the amount of orders made in the previous month. It shall not be liable for indirect damage, including loss of an opportunity to sell Products in the event of unavailability of the Service. SHOPPYDEALS LTD shall not be held liable due to misuse of the Service by the Vendor.

SHOPPYDEALS LTD disclaims any liability with regard to sales made between Vendors and Buyers through the Service. Any complaint concerning Products, (description, delivery, conditions of use, etc.) brought to the attention ofSHOPPYDEALS LTD, shall be forwarded to the Vendor concerned who shall assume full and sole responsibility.

13. Partial Invalidity

If one or several stipulations of these Vendor general terms of use are deemed to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other stipulations shall retain their full force and effect.

14.Applicable law / Attribution of jurisdiction

These Vendor general terms of use are subject to UK law.

For any dispute that may arise between SHOPPYDEALS LTD and a professional Vendor in relation to the existence, interpretation or performance of this contract, prior to any court proceedings, the parties may seek the assistance of a Mediator In application of this mediation clause, all discussions conducted between the parties will, unless agreed by the parties, be confidential for an unlimited period.

The mediation period may not exceed 3 months, unless otherwise agreed by the parties.

Should the mediation fail, the dispute will be settled by the Courts of LONDON, notwithstanding multiple defense counsels or the introduction of third parties, including for summary proceedings or those instituted upon request.

15.Anti-corruption

The Parties agree that at any time in connection with and for the duration of the Contract, and thereafter, they will comply and take reasonable steps to ensure that their subcontractors, agents or other third parties, subject to their control or decisive influence, shall comply with the following provisions.

The Parties shall prohibit the following practices at any time and in any form with respect to an international, national or local public official, a political party, a party leader or a candidate for political office, and of a director, officer or employee of a Party, irrespective of whether such practices are adopted directly or indirectly, including through third parties:

Corruption means offering, promising, giving, authorising or accepting any undue financial advantage or other undue advantage to, on behalf of or for any of the aforementioned persons or for a third party for the purpose of obtaining or maintaining a market or other undue advantage, e.g. in connection with the awarding of public or private purchase contracts, regulatory permits, taxation, customs or judicial and legislative procedures.

Corruption includes the following:

• Delivering part of a payment from a contract to a government or party officials or employees of the other Contracting Party, their relatives, friends or business partners, or through intermediaries such as agents, subcontractors, consultants or other third parties, in order to make payments to a government or party officials, or to employees of the other Contracting Party, their relatives, friends or their trading partners.
• Extortion or solicitation refers to asking for a bribe, whether associated with a threat or not, if the request is denied. Each Party will oppose any attempt at extortion or solicitation and is encouraged to report such attempts through the available formal or informal reporting mechanisms, unless such reports are deemed to be counterproductive in the circumstances.
• Influence peddling consists in offering or seeking an undue advantage in order to exercise an inappropriate influence, real or imagined, in order to obtain from an official or private agent an undue advantage for the initial instigator of the act or for any other person.
• Laundering the proceeds of the above-mentioned corrupt practices is to conceal or disguise the origin, source, location, disposition, movement or property of property, in the knowledge that such property is the product of criminal activity. The terms “corruption” or “corrupt practices” as used in this Groupe SHOPPYDEALS LTD Anti-Corruption Clause include corruption, extortion or solicitation, influence peddling and money laundering of the product of these practices.

3. General Sales Terms and Conditions

Introduction

These General Sales Terms and Conditions (hereinafter “GSTC”) shall apply to Buyers, in addition to the Buyer Terms and Conditions, to Vendors, in addition to Vendor Terms and Conditions, where the uppercase terms used here are defined.

GSTC shall apply to all sales of products made through the Service between the Vendor and the Buyer. They are set out to govern relations between Vendors and Buyers of Products, excluding relations formed between Buyers and SHOPPYDEALS LTD or between Vendors and SHOPPYDEALS LTD. Relationships between Buyers and SHOPPYDEALS LTD shall be governed by the Buyer Terms and Conditions. Relations between Vendors and SHOPPYDEALS LTD shall be governed by the Vendor Terms and Conditions.

SHOPPYDEALS LTD is not the Vendor of the Products purchased through the Service; only the Vendor, whose name is indicated on the description of each product, shall be the co-contracting party of the Buyer for the purchase of Products. Products may not be returned to or exchanged by SHOPPYDEALS LTD or a by Fnac store.

1. Conclusion of the Sales Contract between Buyer and Vendor

1) Products shall be presented on the Site with a description to enable the Buyer to know the essential characteristics, the price and time of delivery thereof.

2) The Buyer shall choose the products he wishes to purchase.

3) He shall confirm his choice of products, read and agree to these GSTM upon confirmation of his Order.

4) The Buyer shall receive an email confirming the registration of the order.

5) The Vendor shall be informed by SHOPPYDEALS LTD that one or more Products on his profile have been ordered.

6) The Vendor shall confirm the Buyer’s order(s) within 2 business days after receiving the information referred to in point 5).

In the absence of order confirmation within the period referred to in paragraph 6), the contract between the Buyer and the Vendor shall be automatically cancelled and each party shall be released from its obligations. The Buyer is assured that his bank account will not be debited.

Vendors’ offers shall be valid as long as they are visible on the site, subject to availability. As a rule, in the event of exceptional unavailability of Products after an order has been placed by a Buyer, the Vendor shall inform the Buyer using the messaging tool available on the Service, the order shall be automatically cancelled, and the Buyer shall be assured that his bank account will not be debited.

Similarly, in the particular case where the same product is ordered by several buyers at the same time, and depending on the availability of this product, (scarce, single, or used product), the product shall be sold to the first Buyer who places his order. Other Buyers shall then be informed of the cancellation of their order.

However, only sales contracts for unavailable products shall be affected by cancellation.

7) Once the order is confirmed by the Vendor, an email shall be sent to the Buyer to confirm and summarize the order and the Terms and Conditions (accessible in pdf format), and the Vendor shall assume commitment to deliver the products within the period specified and the Buyer’s bank account shall be debited for the amount of the order.

8) Once confirmation of all or part of the Buyer’s order is made, Products are then shipped by the Vendor pursuant to the conditions laid down in Article 3.

9) The Buyer must acknowledge receipt without delay in “My account” for each Product ordered. Otherwise, the Product will be deemed to have been received within 21 days of the date of debit of his bank account.

This clause is without prejudice to the provisions of Articles L. 217-4 and following of the Consumer Code listed in the Appendix, since the Buyer is free to contact the Vendor at any time, send all requests and claims on ordered Products using the messaging tool available on the Service.

10) The Buyer is invited to assess the Vendor’s performance in the manner prescribed in Article 7.

2. Prices and Payment

Product purchase prices shall be set by the Vendor. They shall be mentioned in euros on the description, excluding shipping costs, the latter being added before the next order is validated according to the ranges specified in section 3 below and as indicated by the Vendor in the description.

As a reminder, when the Buyer confirms an order, he shall be under an obligation to pay the specified price.

Payment for purchases made through the Service shall be transacted by the “Methods of Payment” to SHOPPYDEALS LTD which will receive the corresponding amount in the name and on behalf of the Vendor.

3. Shipping Methods and Charges

The following shipping methods are proposed to the Buyer under the conditions defined below:

• Normal shipping
• Tracked shipping
• Shipping against signature

For Products less than or equal to €25 VAT, delivery shall be done at the discretion of the Buyer.

For any Product ranging between €25 and 200 VAT, delivery shall be done by tracking or against signature.

For Products amounting to more than €200 VAT, delivery shall be imperatively done against signature.

The Vendor may refuse to deliver the ordered Product in normal mode regardless of its price. In this case, he shall expressly include this reservation on the associated product description. Otherwise, he shall be compelled to comply with the criteria for choosing delivery provisions contained in the preceding paragraphs.

Product shipping costs are calculated as follows:

The Vendor shall ship ordered Products to the Buyer within 2 business days after the date of order confirmation; The Vendor shall be firmly committed to shipping the Products within that period. Products shall be delivered to the address specified by the Buyer in “My Account”, and shipped according to his preference. It is therefore the sole responsibility of the Buyer to ensure that the information given to SHOPPYDEALS LTD is and remains correct in order to receive Products purchased on the Site. Products will travel at the Vendor’s expense and risk. From the moment the Buyer takes physical possession of Products ordered, the risk of loss or damage to the Products are transferred to him.

Stocks

Upon receipt of ordered products, the Buyer shall notify the carrier, the Vendor through the messaging tool available on the Service and by any other means, of any reservation on the delivered Product (e.g. damaged package, already open, …).

The Seller will inform SHOPPYDEALS accurately of the shipment of each order (if the Buyer’s order has been shipped in several shipments, the Seller will tell SHOPPYDEALS LTD what part of the order has been sent) through the seller account. In the absence of such information, SHOPPYDEALS LTD may cancel the transaction concerned.

4. Right of Withdrawal

In accordance with legal provisions in force, in a purchase from a professional Vendor, the Buyer shall have 14 days from receipt of the Product(s) to exercise his right of withdrawal with the said Vendor, without having to justify his reasons or to pay a penalty.

For orders with multiple Products from the same Vendor, this short period of 14 days shall start from receipt of the last Product.

Upon exercising the right of withdrawal within the aforementioned period, only the price of purchased Products and shipping costs shall be refunded, return costs shall be borne by the Buyer.

The returns shall be in their original state and complete (packaging, accessories, manuals, …) in the same packaging as used during the shipping to ensure their re-marketing.

Returns must be accompanied by proof of purchase with a copy of the invoice or purchase delivery for optimal management.

In accordance with the regulations in force (Article L221-28 of the Consumer Code), the right of withdrawal may be exercised for:

• audio recordings, video recordings or computer software unsealed after delivery;
• Supply of goods which were unsealed by the consumer after delivery and cannot be returned for hygienic or health reasons;
• Supply of a newspaper, periodical or magazine, except for subscriptions to these publications;

The buyer shall exercise his right of withdrawal directly with the Vendor concerned using:

• the attached standard form for withdrawals, herein annexed, to contact the Vendor at the address he will give him during their discussions via the messaging tool available through the Service
• or by any means, including by email expressing the will of the Buyer to retract unambiguously and mentioning the order concerned by this withdrawal using the messaging tool made available through the Service.

Once the form or withdrawal statement has been sent to the Vendor, the Buyer shall return the Products or Vendor within reasonable time limits and at the latest, within 14 days of notification of the Buyer’s decision to retract.

The Buyer shall return Products to the address specified by the Vendor using the messaging tool available through the Service.

The refund of returned products shall be performed by SHOPPYDEALS LTD under the following conditions:

SHOPPYDEALS LTD will refund the amounts paid (including delivery charges, no later than 14 days from the date the right was claimed from the Vendor and notified to SHOPPYDEALS LTD, by the same means of payment used for the order. The repayment date may be postponed until recovery of the Product or until the Buyer has simultaneously provided to the Vendor and SHOPPYDEALS LTD proof of shipping, whichever is the earliest of these.

No return against reimbursement shall be accepted, regardless of the reason.

5. Disputes – Disagreements – Mediation – Online settlement of disputes

5.1 Complaints handling

At any time, the Buyer has the option to contact the Vendor, address all requests or claims with regard to Products ordered through the messaging tool provided by the Service, including claims of any valid warranties.

In addition to the messaging tool, a dedicated key shall be provided for the Buyer to indicate in his account – within 90 days for purchases from a professional Vendor – any complaint concerning Products, (e.g. product not received, etc.).

Beyond these deadlines, the Buyer retains the right to contact the Vendor to make any claim for Products ordered using the messaging tool available through the Service.

Disputes shall be settled directly between the Buyer and the Vendor through the messaging tool made available on the Service, where necessary.

The Buyer and the Vendor shall make their best efforts to reach an amicable resolution of the dispute.

Nevertheless, in the event that the Seller has not resolved the dispute with the Buyer within 8 working days from the receipt of the complaint, SHOPPYDEALS LTD reserves the right, after having previously informed the Seller, to refund the Product to the customer. The amount of this refund will then be deducted from the amounts to be paid by SHOPPYDEALS LTD to the Seller for Products sold by the Seller via the Service.

Depending on the case, declared disputes shall lead either to the return of ordered Products or a refund.

5.2 Mediation

In accordance with the French Consumer Laws, our company FNAC adheres to the Ethical Code of Fevad (the Federation of E-commerce and Distance Selling) and to the e-commerce mediation system of the Fevad (60 Rue La Boétie – 75008 Paris) – http://www.mediateurfevad.fr

The Buyer may use the mediation service for consumer disputes linked to purchases made through the Service.

In accordance with the rules applicable to the mediation, any consumer dispute must be sent beforehand to the Vendor via the procedure indicated in this disposition.

For more informations concerning the e-commerce mediation system of the Fevad : http://www.mediateurfevad.fr/index.php/espace-consommateur/

5.3 Online Platform for the settlement of disputes :

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online platform for the settlement of disputes, facilitating independent settlement out of court, of online disputes between consumers and professionals in the European Union.

This platform is available at the following link: https://webgate.ec.europa.eu/odr/

6. Warranties

In accordance with the legal provisions relating to compliance with the contract or hidden defects, particularly those set out in the Appendix to these Terms, defective products (without this being due to the Buyer) or products not matching the order shall be refunded or exchanged according to the Buyer’s choice.

Products shall be returned to the Vendor in the condition in which they were received with all accompanying elements (accessories, packaging, manuals …).

In this framework, shipping costs shall be refunded to the Buyer on the basis of the invoice price and return costs will be borne by the Vendor.

Reimbursement shall be done by re-credit through the payment method used when ordering.

Returns shall not be accepted against reimbursement, regardless of the reason. These warranties are without prejudice to the right of withdrawal provided for in Article 4.

Concerning the legal guarantee of conformity, the Buyer:

• benefit from a deadline of two years as from the delivery of the good to act towards his Seller;
• can choose between the repair or the replacement of the good, subject to the conditions of cost planned by the article L. 217-9 of the consumer code;
• is dispensed of bringing the piece of evidence regarding the defect of conformity of the good during six months following the delivery of the good. This deadline is carried in 24 months as from March 18th, 2016, safe for the second-hand properties.

The legal guarantee of conformity applies independently of the commercial guarantee which can possibly cover your good. It is reminded that the Buyer can decide to operate towards his Seller, the guarantee against the hidden defects from the thing sold according to the article 1641 of the civil code and that in this hypothesis, he can choose between the resolution of the sale or the reduction of the sale price according to the article 1644 of the Civil code.

7. Vendor Assessment

SHOPPYDEALS LTD provides Buyers with means to assess the performance of Vendors at the end of the confirmation of receipt of Products.

This transparency enables buyers to choose Products from the most serious Vendors who best meet the Terms and Conditions of the Service.

The assessment shall be based on an evaluation criteria and the awarding of stars. As such, SHOPPYDEALS LTD shall have no control over the assessment of buyers, which it shall merely store on the Site. However, it may be required to remove, without notice, any assessment whose content has been reported to SHOPPYDEALS LTD as illegal. Feedback left by the Buyer and his pseudonym, will be visible to any visitor to the Site.

8. Personal Data

In addition to Article 5 of the Buyer Terms and Article 8 of the Vendor Terms, Buyers and Vendors are advised that all data collected as part of the Service with the placing of orders shall be processed by SHOPPYDEALS LTD for processing the said orders.

Buyer information and data relating to delivery shall be transmitted by SHOPPYDEALS LTD to Vendors for the sole purpose of Product shipping and, when applicable, to allow them to comply with their legal and regulatory obligations. This information may not under any circumstances be used for other purposes.

In case of difficulty regarding the processing of this information, the Buyer and the Vendor may apply directly to SHOPPYDEALS LTD under the conditions laid down, as appropriate, in the Buyer Terms and Conditions or in the Vendor Terms and Conditions.

Each Vendor shall have access only to personal data provided by Buyers of his Products to SHOPPYDEALS LTD when placing orders.

Vendors shall ensure the security of personal data kept for the purposes of shipping and tracking.

9. Security

The Site shall be protected by a security system: SHOPPYDEALS LTD has adopted the SSL encryption method and strengthened the overall jamming and encoding system to effectively protect all sensitive data on payment methods used on the Site.

10. Partial Invalidity

If one or more provisions of these Terms is held to be invalid or declared as such under any law, regulation or a final decision of a competent jurisdiction, the remaining provisions shall retain their full force and scope.

11. Applicable Laws

These Terms and Conditions are subject to UK law. Any dispute arising from their interpretation and/or execution shall fall within the jurisdiction of UK courts.

Appendix 1

Article L217-4 Consumer Code

The Vendor shall deliver goods in conformity with the contract and shall be responsible for conformity defects existing upon delivery.

He shall also be responsible for lack of conformity resulting from packaging, instructions for assembly, or installation when this is attributed to him as part of the contract or is carried out under his responsibility.

Article L217-5 Consumer Code

The product is conform with the contract if :

1. it is suitable for the purpose usually associated with such a Product and, where applicable:
2. If it matches the description given by the Vendor and possess the qualities presented to the Buyer in samples or models
3. If it possesses the features that a Buyer might reasonably expect given public statements made by the Vendor, the manufacturer or his representative, especially in adverts or labels
4. Or if it has the characteristics mutually defined by the Parties or be suitable for any particular purpose which the Buyer made known to the Vendor and which the latter approved.

Article L. 217-12 Consumer Code

Actions resulting from lack of conformity shall lapse two years after delivery of the Product.

Article L. 217-16 of the Consumer Code:

When the Buyer asks the Vendor during the warranty period granted during purchase or repair of personal property, restoration covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining length of the warranty. This period shall run from the buyer’s request for intervention or relinquishment for repairs if this action is later than the request for intervention.

Article 1641 of the Civil Code

The Vendor shall be bound to a warranty on account of hidden defects of sold Products which render them unfit for intended use, or which decrease this use so much so that the Buyer would not have purchased it, or would have paid a lower price if he had been aware.

Article 1648, Paragraph 1, Civil Code

Actions resulting from latent defects shall be taken by the Buyer within two years of discovery of the defect.

Appendix 2 – Retraction Form

Please complete and return this form only if you wish to retract your order placed with the Seller as part of the Service provided by SHOPPYDEALS LTD.

To the attention of [Seller’s name (*) ……………………………………………– service …………………………………………. –

address of the Seller (*) ………………………………………………..

(e-mail : of the Seller …………………………………………….).

I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the item indicated below:

Ordered on (date) …………………………………….. / Received on (date) ……………………………………………………………….. (*)

Name of the Buyer (s) : ………………………………………………………………..

Address of the Buyer (s) : ………………………………………………………………..

Signature of the Purchaser (s) (only in case of notification of this paper form) :

Date : ………………………………………………………………..

(*)In order to optimise the return, we advise you to confirm this information with the Seller via the messaging tool provided as part of the Service.

(**) Delete as applicable