Terms of sale
Template to be completed by the operator. Fields in brackets must be filled in before publication. This template is not legal advice: have it reviewed by a legal professional.
1. Marketplace operator
The marketplace is operated by [company name], [legal form] with a capital of [amount], registered under number [registration number], with its registered office at [address]. Contact: [email address].
2. The platform's role: a facilitator, not a seller
The platform is a technical intermediary: it hosts listings, connects sellers and buyers, and provides messaging and a technical payment-collection service. It is neither seller, nor buyer, nor agent, nor broker, and is never a party to the sales contract, which is concluded exclusively between the seller and the buyer.
The platform does not hold the goods offered, does not inspect them, and verifies neither their existence, quality, conformity nor lawfulness. Each listing is the sole responsibility of the seller who publishes it.
3. Seller's obligations
The seller warrants that they are entitled to sell the item offered, that the listing is accurate and lawful, and that they will perform the concluded sale (conforming delivery, announced deadlines). A professional seller alone bears the obligations incumbent on them under consumer law (statutory warranties, withdrawal, pre-contractual information).
4. Buyer's obligations
The buyer reviews the listing, asks questions through the messaging service and examines the item upon delivery or in-person handover. It is up to the buyer to confirm receipt, or to open a dispute within the indicated period.
5. Prices, payment and commission
Prices are set by sellers. The payment-collection service holds the funds until the buyer confirms receipt, then transfers them to the seller, minus the commission displayed before payment. This service is a technical means of settlement: it is neither insurance, nor a warranty of conformity, nor a guarantee.
6. Delivery and in-person handover
Handover arrangements are agreed between the seller and the buyer, who are solely responsible for carrying them out. The platform provides neither transport, nor packaging, nor custody of the goods.
7. Right of withdrawal
Where the seller is a professional and the buyer a consumer, the statutory withdrawal period applies from receipt, at the seller's sole charge. This right does not apply to sales between private individuals.
8. Disputes between users: a facilitation role
A dispute is opened from the buyer's account within the period indicated on the "Protected payment" page. The platform then facilitates its resolution: it suspends the payout, gathers each party's elements and decides, on the documents provided, solely on the destination of the funds held. This intervention is a facilitation service: it constitutes neither arbitration, nor expert assessment, nor a guarantee of compensation, and does not deprive any party of the right to bring the matter before the competent courts.
9. Moderation
The platform may remove a listing, suspend an account or refuse a publication that breaches these terms or the law, without this right creating any general monitoring obligation or any liability on its part for content published by users.
10. Platform liability
The platform undertakes to use reasonable means to keep the service available, without warranty of uninterrupted or error-free operation. It is not liable for transactions concluded between users, for the goods themselves (defects, non-conformity, damage), for content published by sellers, or for indirect damages (loss of opportunity, revenue or data). In any event, and except in cases of gross negligence or wilful misconduct, its total liability is capped at the amount of the commissions actually received on the transaction concerned. Nothing in these terms excludes liability that cannot be limited by law.
11. Governing law
These terms are governed by the law of [country]. Any dispute relating to their interpretation shall, after an attempt at amicable resolution, fall within the jurisdiction of the courts of [city], subject to mandatory consumer-protection rules.