Buyer Terms of Sale

Title I — Scope

• The item is sold by the seller, whether an individual or a professional. The sales contract is concluded between the buyer and the seller; Spotitem is not a party to it.
• Spotitem provides the buyer with an intermediation service (connecting the parties, secure payment, escrow, delivery tracking, dispute handling), remunerated by the service fee in Article 6, and itself sells the Raccoins (Article 13).
• Spotitem customer service: [email protected] — 01 84 16 56 27.

• where the seller is a professional and the buyer a consumer, consumer law applies: right of withdrawal (Article 17), legal guarantee of conformity and warranty against hidden defects (Article 18);
• where the seller is an individual, the sale is concluded between individuals: the right of withdrawal and the legal guarantee of conformity do not apply; only the warranty against hidden defects under the French Civil Code (Code civil) may be invoked against the seller.

Title II — Order, price and fees

1. The buyer chooses a listing, then the handover method offered by the seller: delivery by carrier, hand delivery, or either one, at the buyer’s choice, where the seller accepts both.
2. In the case of delivery, the buyer enters their address and chooses a shipping offer; they may add declared value coverage (Article 9).
3. A summary displays the price of the item, the delivery charges, where applicable the coverage, the service fee and the total.
4. The buyer is redirected to the secure payment page of our provider Stripe, which displays the final amount. The contract is concluded when the payment is confirmed.

During payment, the item is reserved for 15 minutes for the buyer; if payment is not made within this period, it becomes available again.

6.1 Nature. For any purchase of an item from a seller — single-item purchase (including at the price of a negotiated offer), grouped offer (Article 12) or payment by a third party (document “Payment by a Third Party”) —, the buyer pays, in addition to the price of the item and the delivery charges, a service fee which remunerates Spotitem’s intermediation service. It is due regardless of the means of payment and does not constitute a surcharge linked to the use of a payment instrument. It is Spotitem’s sole remuneration on the sale: no commission is charged to the seller.

6.2 Calculation. The service fee is equal to:

• 4.98% of the price of the item, after deduction of any promotional code or at the price of the negotiated offer, excluding delivery charges and excluding declared value coverage;
• plus a fixed part of 0,42 € per purchase.

That is, where P is the price of the item: service fee = 4.98% × P + 0,42 €, including VAT at 20% (4.15% × P + 0,35 € excluding VAT), rounded to the nearest cent.

The fee therefore comprises a fixed part and a part proportional to the price of the item; it depends neither on the delivery charges nor on the means of payment. There is no cap; it is never less than 0,42 €.

Example: item at 100 € delivered for 5 € → service fee 4,98 € + 0,42 € = 5,40 € incl. VAT (of which VAT 0,90 €), total 110,40 €.

6.3 Grouped offers and payment by a third party. For a grouped offer (Article 12), the service fee is calculated in accordance with Article 6.2, where P is the overall price agreed for the bundle; the fixed part is due only once for the bundle, and the cost of shipping the parcel is not included in the calculation. For a payment by a third party, it is calculated in the same way as for a single-item purchase and paid by the donor.

6.4 Auctions. Auctions are not open. Their terms, in particular their financial terms, will be set and brought to the attention of users before they open.

• the option is optional and not ticked by default;
• its price is 1% of the declared value, with a minimum of 1 €, displayed before payment; the declared value is capped at 5 000 €;
• it is not offered for hand delivery or for shipments outside France, and is not included in the calculation of the service fee.

This coverage is provided by the carrier under its contract of carriage: the amount paid is passed on in full to the seller, who takes out the declared value option with the carrier when purchasing the label. Spotitem is neither an insurer nor an insurance intermediary and receives no remuneration in this respect. The scope of the coverage, its exclusions and the terms of compensation are those of the carrier.

• The buyer may propose an overall price for at least two items from the same seller, with a common handover method (delivery in a single parcel, or hand delivery).
• The offer is valid for 48 hours. The seller may accept it, reject it or make a counter-offer, itself valid for 48 hours, which the buyer accepts or rejects.
• Upon acceptance, the items are withdrawn from sale and the buyer has 48 hours to pay. Payment is no longer possible once this period has expired; after this period, the orders are cancelled, the items are put back on sale and both parties are notified.
• The buyer pays the agreed price, the service fee of Article 6 (Article 6.3) and, in the case of delivery, the cost of shipping the parcel, recalculated by our servers; the service fee is calculated on the agreed price, excluding delivery charges. Declared value coverage and promotional codes are not available for bundles.
• The overall price is allocated among the items in proportion to their displayed prices, for the purposes of invoicing, disputes and refunds.
• A payment made after the deadline, made twice or for an incorrect amount is refunded in full.

13.1 Nature. Raccoins are a unit of account internal to the Platform, which enables individual sellers to pay for listing options and visibility services (Seller Terms of Sale). They are neither a currency nor a means of payment: they are not convertible into euros, not transferable and not refundable, except in the cases provided for in the Seller Terms of Sale. They are not offered to professionals. They do not expire.

13.2 Purchase. Raccoins are sold by Spotitem in packs, at the price displayed at the time of purchase, including 20% VAT. As at the date of this version, the price list is as follows:

13.3 Immediate supply and waiver of the right of withdrawal. Raccoins are digital content supplied without a tangible medium and credited as soon as the payment is confirmed. Before paying, the buyer must tick the box: “I agree that the raccoins, as digital content, are supplied to me immediately and I expressly waive my 14-day right of withdrawal.” Their consent is recorded and timestamped. They therefore no longer have a right of withdrawal once the payment has been confirmed.

13.4 Payment dispute. In the event of a refund of, or a dispute with the bank over, the payment for a pack, the corresponding Raccoins are removed from the balance, which may become negative.

Title III — Performance and rights of the buyer

• Purchase from a professional seller: the consumer buyer has 14 days from receipt of the item to withdraw, without having to give any reason, from their order page or by means of the form in the annex sent to [email protected], including for an item received by hand delivery after payment on the Platform. The terms (return, costs, refund) are set out in the document “Delivery, Hand Delivery, Disputes and Refunds”. Withdrawal entails the refund of all sums paid, including the service fee.
• Purchase from an individual: no right of withdrawal (sale between individuals).
• Raccoins: no right of withdrawal after waiver (Article 13.3).
• Legal exclusions: the right of withdrawal does not apply, in particular, to goods made to the consumer’s specifications or clearly personalised, to goods liable to deteriorate rapidly, or to sealed goods which cannot be returned for reasons of hygiene or health protection and which have been unsealed after delivery (Article L.221-28 of the French Consumer Code (Code de la consommation)).

• Professional seller: the seller is bound by the legal guarantee of conformity (Articles L.217-3 to L.217-20 of the French Consumer Code (Code de la consommation)) for two years from delivery of the item. During this period, the buyer may obtain repair or replacement of the item or, failing that, a price reduction or termination of the sale; any lack of conformity that becomes apparent within 24 months of delivery (12 months for second-hand goods) is presumed to have existed at the time of delivery. The professional seller is also bound by the warranty against hidden defects (Articles 1641 to 1649 of the French Civil Code (Code civil)), which may be invoked within two years of the discovery of the defect. These guarantees are exercised against the seller, and not against Spotitem.
• Individual seller: only the warranty against hidden defects under the French Civil Code (Code civil) applies.

The French version of this document prevails over any translation.

Annex — Model withdrawal form

(Please complete and return this form only if you wish to withdraw from a purchase made from a professional seller.)

For the attention of SPOTITEM SAS, 22 avenue Maximilien de Robespierre, 93150 Le Blanc-Mesnil — [email protected], which forwards it to the seller (seller’s company name shown on the order):

I hereby give notice that I withdraw from the contract for the sale of the goods below:

• Ordered on / received on:
• Order number:
• Name of consumer:
• Address of consumer:
• Signature of consumer (only if this form is notified on paper):
• Date: