Seller Terms of Sale

Title I — Seller status

4.1 Declaration. Any seller acting for professional purposes must open a professional account and provide their SIREN or SIRET number. A private individual who sells on a regular basis for profit is carrying on a professional activity and must declare it (see the document “Sellers’ Tax and Social Security Obligations”).

4.2 Verification. The number is automatically checked against the public business directory (recherche-entreprises.api.gouv.fr):

• active business: the account is validated, the official company name and the activity code are recorded, and the address is prefilled;
• business struck off the register, or number not found: the registration is refused;
• public service unavailable: the account is created pending manual verification by Spotitem.

4.3 Displayed labels. The profile and listings of a professional seller bear the label “Professional”, or “Certified pro” when their SIREN or SIRET number has been verified against the public business directory (4.2). This label only attests that check; it guarantees neither the quality of the goods nor that of the seller’s service. A “Craft business” label may be displayed; it is derived automatically from the business’s activity code (APE/NAF), for information purposes only, and does not constitute certification of artisan status, which results from registration in the trades register (répertoire des métiers). Before paying, the buyer sees the professional seller’s company name, SIREN number, address and contact details (Article L.221-5 of the French Consumer Code); this information is not displayed on the public profile.

4.4 Obligations. The professional seller is solely responsible for complying with consumer law towards their buyers (pre-contractual information, prices inclusive of all taxes, right of withdrawal, legal guarantee of conformity, warranty against hidden defects, invoicing) and with the mandatory legal information that concerns them. They provide the buyer, via the messaging service or on request, with their company name, address, contact details and registration number. Where a buyer withdraws from goods received by hand delivery, the professional seller accepts their return and confirms their recovery without delay from their account, which triggers the buyer’s refund; if they fail to do so, Spotitem may rule as in the event of a dispute.

4.5 Invoicing mandate. The professional seller instructs Spotitem to draw up, in the seller’s name and on the seller’s behalf, the invoice for each sale concluded through the Platform and to make it available to the buyer (Article 289, I-2 of the French General Tax Code). Invoices are drawn up from the information entered by the seller (company name, SIREN number, VAT number, address, VAT scheme), which the seller warrants to be accurate and keeps up to date, and follow a numbering sequence specific to the seller. The seller remains solely responsible for their invoicing and VAT reporting obligations; the seller finds their invoices in their account and may dispute one with Spotitem within fifteen days of its issue, failing which it is deemed accepted. The mandate ends when the professional account is closed.

Title II — Seller remuneration

• Single-item purchase, including at the price of a negotiated offer, and payment by a third party (gift): no commission is charged to the seller. The seller receives the sale price (less any promotional code they have issued), plus the delivery costs and, where applicable, the amount of the declared value coverage, which correspond to the transport services for which they advance the cost (Article 7). The service fee is paid by the buyer in addition (Buyer Terms of Sale, Article 6).
• Grouped offer (bundle): no commission is charged to the seller. The seller receives the overall price agreed for the bundle, plus the cost of shipping the parcel. The service fee is paid by the buyer in addition (Buyer Terms of Sale, Article 6).
• Auctions: the feature is not open. Its terms, in particular its financial terms, will be set and brought to the attention of sellers before it opens.

Title III — Listing options, visibility and Raccoins (individual sellers)

The option is paid for when the listing is created. Editing a listing is free of charge; upgrading to a higher option is charged at the amount of the difference. Any edit triggers a new review. Professional sellers publish in the Standard format (3 photos, 1 video), the maximum video length being set by their subscription plan (Article 12).

Premium categories: vehicles; real estate; computing; telephony; image and sound; fashion — bags and leather goods; fashion — jewellery and watches.

A boost to the top does not guarantee first place: sponsored listings occupy reserved placements among the first results (two placements out of five within the first twenty-five), allocated by rotation among the sponsored listings. They bear the label “Sponsored”. The applicable price is displayed before any debit.

• Raccoins are purchased in packs under the conditions of the Buyer Terms of Sale (Article 13). During the beta phase, where Spotitem offers it (Pioneers programme), the private seller receives a reward of 100 raccoins per listing, credited only once, when the listing is first approved by a moderator, up to 20 rewarded listings per account; the amount and limit in force are shown on the programme page. Editing the listing or approving it again does not give any additional raccoins.
• They are used exclusively to pay for the options and services under Articles 8 and 9. They are neither convertible into euros, nor transferable to another user, nor refundable, except for the return provided for in Article 10 and the cases provided for by law. They do not expire.
• They are reserved for individual sellers: a professional account can neither buy nor spend them; its benefits are included in its subscription.
• Spotitem may modify the price list for options, services and packs; the applicable price is the one displayed at the time of purchase or debit.
• What becomes of the balance in the event of deletion of the account or closure for serious breach is governed by Articles 10 and 17 of the Terms of Use.

Title IV — Professional subscriptions

Spotitem may limit the number of active listings to the cap of the plan subscribed to. There is no free trial period.

Pioneers programme. During the beta phase, and as long as professional subscriptions are not open, a professional seller obtains one free month of the Essential plan for every 10 listings approved by a moderator (at 10, 20 and then 30 listings), up to three free months per professional account; beyond the thirtieth approved listing, no further month is granted. Free months are usable at the end of the beta phase, when professional subscriptions open, the date of which has not yet been set. Each listing is counted only once, even after editing or a new approval, and each tier is granted only once. Free months have no monetary value: they cannot be converted into euros, transferred or refunded. Months already obtained remain recorded if the programme ends.

• Upgrade to a higher plan: immediate. The time remaining on the previous plan is deducted and the difference is billed immediately; the exact amount is displayed before validation and the change only takes effect once this payment has been accepted.
• Downgrade to a lower plan, or switch from annual to monthly: takes effect at the end of the current period, without any credit note or refund. The scheduled change can be cancelled before that date.
• No change is possible while a termination is pending.

Title V — Obligations and content

• describes the item accurately and fairly and publishes a video that complies with the Terms of Use;
• keeps the original video of the listing until the funds are released;
• ships or hands over the item in accordance with the chosen delivery method, and replies to the buyer’s messages;
• complies with their legal, tax and social security obligations.
• signs, before each publication and each modification of a listing, the seller’s declaration set out in the annex, and abides by each of its commitments.

Title VI — Relations with professional sellers

• The grounds for restricting, suspending or closing an account are described in Articles 14 and 17 of the Terms of Use; every decision is reasoned and may be challenged at [email protected].
• Any amendment to these terms is notified to professional sellers at least 15 days before it comes into force.
• The main ranking parameters, including the effect of paid services, are described in the document “Listing, Ranking and Reviews”.
• The seller has access, in their area, to the data relating to their sales (orders, delivery information necessary for shipping, statistics for their listings). Spotitem uses the data generated by the Platform under the conditions of its privacy policy.

Annex — Seller’s declaration

Before each publication and each modification of a listing, the seller ticks the declaration below (version 1.0); Spotitem keeps the version signed and its date. Only the additions that match the type of item in the listing are shown to them.

I solemnly declare, for the item presented in this listing:

1. The item shown is the item sold. The video and photos in the listing show the exact item it concerns — not a similar item, an illustration or an image found elsewhere. They were taken by me or for me, are sharp and sufficiently lit, show the item from every useful angle and, if it performs a function, in operation. They have not been edited, framed or cut to hide a defect. This item, and no other, is the one I will hand over, ship, transfer or make available.
2. Its actual condition is described, with no hidden defect. The condition stated matches the actual condition of the item. All defects I am aware of — damage, scratches, stains, signs of wear, repairs, non-original parts, missing parts or accessories — are visible in the video or described in the listing.
3. It works, unless stated otherwise. If the item performs a function (appliance, vehicle, tool, toy, equipment…), it works normally for its intended use, with all its functions. Any fault, failure, limitation or repair needed is clearly stated in the listing.
4. The information is accurate. The title, description, category, characteristics entered (brand, model, size, dimensions, material, capacity, year, quantity…) and the list of items supplied are accurate, and complete as regards anything that may influence the buyer’s decision.
5. I have the right to sell it. I own it or I am authorised to sell it (or to let it). It is not stolen, counterfeit, pledged or seized, and no third party can claim it. Its sale is allowed: it is not among the goods banned by the Terms of Use (Article 16), it has not been recalled and it complies with the safety rules that apply to it. It is available and I have not already sold it elsewhere.
6. I keep the evidence and hand over the item as described. I keep the original, unedited video file until the sale is finally validated and the buyer’s period for raising a dispute has expired. I hand over the item in the condition described, with everything announced; when shipping it, I pack it so as to protect it during transport.

Depending on the type of item, I also declare that:

• Phones, tablets, computers and connected devices: the device is not locked by any carrier, account (Apple ID, Google account or other) or code; it is not reported lost or stolen and its IMEI or serial number is not blocked; I will remove it from my accounts and reset it before handing it over; the battery condition stated is accurate.
• Fashion, leather goods, jewellery and watches: the item is authentic: it is not a counterfeit, a replica or a copy; for a branded item, I can provide proof of authenticity or purchase on request (invoice, certificate, receipt); the size and material and, for a piece of jewellery or a watch, the metal, stones and movement stated are accurate.
• Vehicles and parts: the video or photos show the critical areas of the vehicle: odometer, engine running (including its sound), bodywork, chassis and any sign of corrosion; the mileage or number of hours stated is real; any known accident, insurance claim or defect is disclosed; the vehicle is neither pledged nor stolen and I hold the documents required for its sale (registration certificate, roadworthiness test where required); for a part or accessory, the compatibility stated is accurate.
• Pet products: I am not selling any live animal: the item is an accessory, equipment, a hygiene product or non-perishable food; any food is in its original sealed packaging and its best-before date has not passed; I am not selling any veterinary medicine.
• Real estate: I own the property or I am authorised to sell or let it; the floor area, number of rooms, price or rent, charges and other information stated are accurate; the photos and video show this property; I will provide the mandatory diagnostics and documents.
• Collectibles (cards, figures…): the item is authentic and original: not a replica, a reproduction or an undisclosed copy; the edition, series, grading or certification stated is accurate; the video or photos show the serial numbers, holograms, certificates or other signs of authenticity it bears.
• Beauty, hygiene and childcare: a cosmetic, hygiene or care product is not past its expiry date and, if it has been opened or used, I say so; a childcare item (car seat, pushchair, cot, high chair…) complies with the safety standards that apply to it and has not suffered any undisclosed impact or accident.

I understand that:

• the video, photos and this declaration serve as evidence in the event of a dispute;
• if the item received does not match the listing or this declaration, the buyer may be refunded, after the item is returned where applicable, in accordance with the document “Delivery, Hand Delivery, Disputes and Refunds”;
• deliberately concealing a defect — in the listing, or through the framing, lighting or editing of the video — constitutes fraudulent concealment (Article 1137 of the French Civil Code), which may lead to the cancellation of the sale and an order to pay damages;
• an inaccurate declaration may lead to the removal of the listing, the suspension of my account and the withholding of the payouts linked to the disputed sale, without prejudice to my liability;
• this declaration in no way reduces the buyer’s rights, in particular the legal guarantee of conformity when I sell as a professional and the guarantee against hidden defects in all cases.

I certify that this declaration is accurate for this item and I undertake to abide by it.

The French version of this document prevails over any translation.