Terms of Use
Version 3.3 · In force from November 16, 2026
Title I — Purpose and acceptance
1. Purpose
These general terms of use (“Terms of Use”) define the rules for accessing and using the Spotitem Platform, published by SPOTITEM SAS (“Spotitem”), which connects persons wishing to sell goods (“sellers”) with persons wishing to buy them (“buyers”). Spotitem is not the seller of the goods offered by users and is not a party to the sales contracts concluded between them, except for its own services (service fee, Raccoins, professional subscriptions).
2. Acceptance
Creating an account requires express acceptance of the Terms of Use, given by ticking a checkbox. Spotitem keeps the date of acceptance and the version of the Terms of Use accepted. The Terms of Use are supplemented by the general terms of sale (buyers and sellers) and by the privacy policy, which are accepted under the same conditions where they apply.
3. Beta phase
The Platform is in its launch phase. Certain features described in the contractual documents (in particular the online payment of purchases and bundled offers, professional subscriptions, the purchase of Raccoins, paid listing options, auctions, purchase requests, the import of listings) may not yet be available. A feature that has not been made available is neither offered nor charged for; the clauses concerning it apply from the date it is made available. As long as online payment is not available, a buyer and a seller who reach an agreement, where appropriate by means of an offer, conclude the sale directly between themselves, outside the Platform: Spotitem is not a party to that sale, neither collects nor guarantees its payment, and the clauses of the terms of sale that relate to payment on the Platform (collection, holding and release of funds, refunds by Spotitem) do not apply to it. A professional seller remains bound by its legal obligations towards a consumer buyer (information, right of withdrawal, warranties).
Title II — Account
4. Access conditions
Listings may be viewed freely. Creating an account, buying and selling are reserved for natural persons of legal age and legal entities registered in France (verification of the SIREN or SIRET number, see the Seller Terms of Sale). The user declares that they are of legal age.
5. Registration and login
Registration is carried out with an email address and a password, or through a third-party identity provider offered on the login page (for example Google or Apple). In the latter case, the provider sends Spotitem the information required to create the account (email address, surname, first name, depending on the provider) and the user remains subject to that provider’s terms. The email address must be verified before any listing is published.
6. Accuracy of information
The user guarantees the accuracy of the information they provide and keeps it up to date. In the event of inaccurate information or suspected fraud, Spotitem may suspend the account and block pending payouts under the conditions of Article 17.
7. Account security
The user chooses a strong password and keeps it confidential. They may enable a PIN code and two-factor authentication. They are responsible for the use of their account and report any unauthorised use without delay to [email protected].
8. Linked accounts
A user may link several accounts (for example an individual account and a professional account) and switch from one to the other; switching may require identity verification (two-factor). Each account remains subject to the contractual documents that concern it.
9. Artificial intelligence agents
Where the feature is offered, the user may authorise a third-party software agent of their choice to access their account for specified actions (viewing the profile, managing listings, reading and sending messages), by means of an authorisation that they may withdraw at any time from their settings. The agent’s actions are deemed to have been performed by the user.
10. Account closure
The user may delete their account from their settings once their orders in progress are completed (payout to the seller or refund). The consequences of deletion for data are described in the privacy policy; the unused Raccoins balance is lost and does not give rise to any refund. Orders in progress remain governed by the contractual documents until their completion.
Title III — Listings
11. Prior moderation
Every listing is subject to a human review before it is put online. It remains “pending” until it has been approved; no processing time is guaranteed. Any modification of a published listing triggers a new review.
12. Mandatory video
Every listing includes at least one video showing the actual condition and, where applicable, the functioning of the item, with a minimum duration of 5 seconds and a maximum duration set by the listing option (Seller Terms of Sale). A listing without a video, or whose video is corrupted, frozen or manifestly uninformative, is rejected. Before each publication or modification of a listing, the seller signs the seller’s declaration, set out in the annex to the Seller Terms of Sale, by which they guarantee in particular that the item sold is the one shown in the video.
13. Reporting content
Anyone may report content that they consider unlawful or contrary to these Terms of Use:
- logged-in users, by means of the “Report” button on listings, profiles, conversations, comments and reviews; a user may report the same target only once;
- anyone, by email to [email protected], stating: the precise address of the content, the reasons why it is considered unlawful, their name and email address, and a declaration of good faith.
Spotitem examines notifications diligently and objectively, and informs the author of the notification of its decision where it has their contact details. Abusive or bad-faith use of reporting may lead to the temporary or permanent restriction of access to this function.
14. Moderation decisions and appeals
Every rejection of a listing states the reasons for it. The seller may correct their listing and submit it again, up to a limit of three appeals per listing; an administrator may grant additional appeals. Upon the rejection following that limit, the listing is permanently archived: it is no longer visible or editable, its data being retained for the handling of any complaint. The seller may also delete a rejected listing instead of correcting it: it can then no longer be edited or appealed. Any other restrictive decision (removal of content, suspension, account closure) is notified to the user with its reasons; the user may challenge it by writing to [email protected], without prejudice to their right to bring the matter before the courts.
15. Listing lifetime
A listing is online for 30 days from its last approval. An individual seller may extend it once by 30 days (Seller Terms of Sale). The seller is informed by notification before expiry. On expiry, the listing ceases to be visible, unless a payment or an order is in progress.
Title IV — Rules of conduct
16. General rules
On the Platform, it is prohibited:
- to offer goods banned from the Platform: live animals (only accessories, equipment, hygiene products and non-perishable food for animals are allowed), perishable foodstuffs, alcoholic beverages, weapons and ammunition, including bladed weapons (daggers, combat knives, sabres, swords, batons…) and replica weapons, including airsoft guns (kitchen knives and tools remain allowed), narcotics, medicines, pornographic content, adult accessories and toys, tickets for shows, concerts, festivals or sporting events, counterfeits and stolen items; more generally, any goods whose sale is prohibited or regulated, or which the seller does not own;
- to publish a listing that is misleading as to the condition, origin or characteristics of the item;
- to use the messaging service to send external payment links or to have a sale offered with online payment paid outside the Platform, or for canvassing, spam, insults or harassment; exchanging contact details to arrange a hand delivery or an on-site sale (Article 23) remains allowed (the messaging service is not subject to any automatic filtering; these rules are the responsibility of each user);
- to manipulate reviews, prices or rankings, to create fake accounts or to use unauthorised automated means;
- to infringe the rights of third parties (image rights, intellectual property, privacy).
If a conversation is reported or a dispute arises over an order, Spotitem may examine the messages concerned.
17. Sanctions
In the event of a breach of the contractual documents or of the law, or of an attack on the security of the Platform, Spotitem may, depending on the seriousness and after a case-by-case review:
- issue a warning;
- remove content;
- suspend the account until a specified date;
- permanently close the account.
A suspension or closure restricts access to all or part of the services (publishing, buying, messaging) and may be accompanied by the blocking of pending payouts while checks are carried out. The decision states its reasons (Article 14). In the event of closure for a serious breach (fraud, attempted scam, serious attack on security), the Raccoins balance can no longer be used and does not give rise to any refund.
18. Serious offences
Where Spotitem becomes aware of information giving rise to a suspicion of a criminal offence threatening the life or safety of persons, it informs the competent authorities.
Title V — Operation of the Platform
19. Ranking of listings
The main parameters that determine the display order of listings, as well as paid promotions and how they are labelled, are described in the document “Listing, Ranking and Reviews”. Any listing benefiting from a paid promotion bears the label “Sponsored”. The rules for the ratings and reviews that buyers and sellers give each other after an order are described in the same document.
20. “Online” status
When a user is active on the Platform, their “online” status is visible to other users. They may hide it at any time in their settings; they then no longer see that of other users either.
21. Availability
Spotitem endeavours to ensure continuous access to the Platform but does not guarantee it; access may be interrupted for maintenance, updates or in the event of force majeure.
22. User content
The user warrants that they hold all rights to the content they publish (photos, videos, texts, logos, banners). They grant Spotitem, for as long as such content remains online and worldwide, a non-exclusive, free-of-charge licence to reproduce, display and technically adapt (cropping, compression, subtitling) such content, solely for the purposes of operating the Platform (display of listings and profiles, search, notifications). Content published without prior review (profile photos, logos, banners, reviews and replies to reviews) may be removed at any time if it is unlawful or contrary to the Terms of Use.
Title VI — Liability
23. Role of Spotitem
Spotitem acts as a hosting provider for the content published by users and as an intermediary between sellers and buyers. It is not responsible for the goods sold, their conformity with the listing, or the performance of sales between users, subject to its own obligations (moderation, escrow and dispute decisions described in the contractual documents). It acts promptly to remove manifestly unlawful content as soon as it becomes aware of it. Where a listing offers to view and pay for the item on site — for example a vehicle, or any item that cannot be shipped —, the sale is concluded and paid directly between the buyer and the seller, outside the Platform: Spotitem is not a party to the contract, does not hold the funds and is involved neither in the payment, nor in the handover of the item, nor in any disagreement. Escrow, opening a dispute, dispute decisions and the withdrawal organised by the Platform do not apply to these sales; each party remains bound by its legal obligations towards the other, and the seller’s declaration signed for the listing remains valid. Spotitem recommends examining the item and its documents before any payment and using a traceable means of payment.
24. User’s liability
The user is solely responsible for the content they publish and for the commitments they make towards other users.
Title VII — Final provisions
25. Amendment of the Terms of Use
Spotitem may amend the Terms of Use. Any substantial amendment is notified to users by email or by a message on the Platform at least 15 days before it comes into force; a user who refuses it may close their account. Successive versions remain available for consultation on request.
26. Governing law and disputes
The Terms of Use are governed by French law. In the event of a dispute, an amicable solution is sought first (point of contact: [email protected]). Consumers may refer the matter, free of charge, to the consumer mediator designated in the Buyer Terms of Sale, and bring proceedings before the court of their choice among those open to them by law. For professional users, jurisdiction is conferred on the Commercial Court of Bobigny.
The French version of this document prevails over any translation.