Other legal information
Capitalized terms have the meaning given to them in the general terms of use, see them here
Table of contents
1. Functioning of the Platform
2. Conditions for referencing, de-referencing, and ranking
3. Information on reviews posted on the Platform
4. Dispute resolution
1. Functioning of the Platform
1.1 Setting up relationships
The "Back Market" marketplace is a platform made available by the company JUNG S.A.S. via the website www.backmarket.co.uk/en-gb, which allows :
Consumers to buy refurbished electronic products from listed professional sellers;
Private individuals, consumers, or professionals, to resell used electronic products to professionals, so that they can refurbish them for resale.
JUNG S.A.S. acts as an intermediary between the Sellers and the Buyers. It is in no way a seller or a buyer of the Products on the Platform, which are sold directly by the Sellers to the Buyers.
1.2 Financial terms and conditions
Buyers pay the price of their product directly on the platform via a trusted payment provider. The Sellers give JUNG S.A.S. a mandate to receive, in the name and on behalf of the Sellers, the amounts paid by the Buyers.
The prices of the products and the delivery costs are freely determined by the Sellers.
The Buyers also pay JUNG S.A.S. a service fee, the exact amount of which is stated before the Buyer confirms the order.
Sellers must pay JUNG S.A.S a monthly flat fee and a commission on all confirmed transactions carried out on the Platform by the Seller. The amount of the commission is equal to a fixed rate of the amount of the transaction, including all taxes (including shipping costs).
1.3 Guarantees and insurance
The applicable legal guarantees and the commercial guarantee offered by the Sellers are specified in the commercial guarantee contract available under this link.
To exercise their rights, the Buyer may log in to their customer account by clicking on the "Get help" button on the order concerned, or by filling in the contact form available under this link.
The Buyer also has the option, at the time of purchase, to take out breakage and theft insurance, the details of which are available here.
2. Conditions for referencing, de-referencing, and ranking
2.1 Referencing
The platform only lists professional sellers. To be able to offer products for sale on the platform, Sellers must open a seller's account and undertake to respect, in particular :
The applicable regulations;
The platform's quality criteria in terms of logistics management (delivery times, stock management, quality of products delivered). These criteria are specified in the seller's general conditions and the quality charter;
The general conditions of sales are available here.
Only offers relating to refurbished electronic products may be published by Sellers on the Platform.
2.2 Dereferencing
Jung S.A.S reserves the right to dereference a Seller, either for convenience or for a breach.
The reasons for dereferencing for default may include :
Non-compliance with the legislation in force;
Non-compliance with the general conditions of sale or the quality charter.
Jung S.A.S reserves the right to dereference products :
Whose marketing would be prohibited or illicit,
presenting a danger to health, safety, or the environment;
which are not refurbished;
offered by Sellers who have themselves been delisted.
2.3 Ranking of refurbished product offers
The offers appearing on the result pages are referenced according to the best quality/price ratio of the products offered by the Sellers, determined by the algorithm developed by JUNG S.A.S.
The main parameters taken into account by the JUNG S.A.S. algorithm for the referencing of the offers are the following:
The price of the product,
the evaluation of the product and the Seller by the Buyers, (average of all the notes given by the consumers after having received their product),
the quality of the Seller's order processing (rate of defective products, rate of bad products or accessories sent by the Seller, rate of products in poor aesthetic condition),
the rate of orders delivered late,
the means of payment.
3. Information on reviews posted on the Platform
Only Buyers who have placed at least one order on the Platform may post a review of the products and delivery.
The Buyer can give a rating from 1 to 5, and add a comment to their rating. For certain products, the Buyer may give specific ratings (quality/price ratio, delivery, packaging and cleanliness, overall performance, aesthetic aspect).
The Buyer can leave a review by clicking on the link in the email sent to him/her for this purpose approximately 1 week after the delivery of his/her product. They can also submit a review via their customer account, by clicking on the "My Orders" tab.
Within thirty (30) days of receiving a product, the Buyer has the option to modify their review via their customer account, by clicking on the "My Orders" tab.
The Buyer may also request the deletion of their review at any time by sending their request to the following address: legal@backmarket.com.
No compensation is provided by JUNG S.A.S. in exchange for a review.
Only reviews of purchased products are published. The maximum time between the submission of a review and its publication is 1 business day.
Reviews are ranked by our algorithm, taking into account, in particular, the rating and the length of the review. They can also be classified by chronological order, relevance, highest rating, and lowest rating, depending on the user's choice. Reviews remain online as long as the products they concern are offered for sale on the Platform.
We publish positive and negative reviews without moderation before publication. After publication, any disparaging, insulting, or abusive review may, at the request of any interested party, be removed by Back Market, in particular in the following cases :
The review is used for advertising purposes.
The review is published several times or with different accounts.
The review is off-topic, or the review is about the buying experience and not the product.
The review is about another product.
The review encourages a purchase from a competitor.
Buyer's rating is inconsistent.
The review contains comments or content that are political or social, abusive, obscene, offensive, sexually explicit, may be considered defamatory, or the review amounts to personal attacks.
The review is false, misleading, or written by a Seller.
The review is illegal or links to illegal content.
The review is protected by third-party rights.
The review was published as a result of identity theft.
The review contains personal data or confidential information.
The review incites hatred, discrimination, homophobia, xenophobia, racism, or violence.
The request for the removal of a disparaging, insulting, or abusive review as described above should be sent by any interested party to the following address: legal@backmarket.com.
4. Dispute resolution
In the event of a dispute relating to the formation, conclusion, execution, interpretation, or validity of the terms of use or the relationship with JUNG S.A.S., the Buyer and JUNG S.A.S. are invited to take the necessary steps to reach an amicable resolution of their dispute.
The Buyer is informed that he/she can, if he/she wishes, have recourse free of charge to a consumer mediator for the amicable resolution of the dispute with JUNG S.A.S. In this respect, the Buyer may use an alternative dispute resolution. Notably, the Buyer may use the free alternative dispute resolution services provided by the London Arbitration Center (http://www.londonarbitrationcentre.com, Email address: registrar@londonarbitrationcentre.com). The Buyer is informed that JUNG S.A.S is not required to engage in an alternative dispute resolution.
If the Buyer does not wish to benefit from mediation, if mediation has not been successful or in the event of the failure of other steps that the Buyer could have taken to try to reach an amicable resolution of his/her dispute with JUNG S.A.S., the Buyer may refer the matter to the competent jurisdiction of the place where he/she lived at the time of the conclusion of the contract or of the occurrence of the harmful event, of the place where JUNG S.A.S. has its registered office or of the place of the actual delivery of the Product.