User Terms

This site is published by SWAPSSS., Ltd with capital of €10,000, community VAT number FR03852337930, Angers RCS registration number “SIRET” 852337930, headquartered at 15 Boulevard Daviers 49100 Angers France.

Phone: +33 (0)9 77 71 08 64
Email: info@le-marche.jp
Responsible: Tatsuya BABA

1. Introduction

This User Agreement, all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Le Marche Paris offers you access to and use of our Services. You can find an overview of our policies here. All policies and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

2. About Le Marche Paris

Le Marche Paris is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the vendor and buyer. Le Marche Paris is not a party to the transaction, and it is not a vendor or a traditional auctioneer.

Any guidance we provide as part of our Services, such as pricing, shipping, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Le Marche Paris has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of Vendors to sell items; the ability of buyers to pay for items; or that a buyer or Vendor will actually complete a transaction or return an item.

3. Using Le Marche Paris

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an Le Marche Paris policy, for example, the seller has materially changed the item’s description after you bid.
  • fail to deliver items sold by you, unless you have a valid reason as set out in an Le Marche Paris policy;
  • manipulate the price of any item or interfere with any other user’s listings;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems;
  • transfer your Le Marche Paris account (including feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Le Marche Paris or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Le Marche Paris;
  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Le Marche Paris application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
  • Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Le Marche Paris. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Le Marche Paris or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • commercialize any Le Marche Paris application or any information or software associated with such application, except with the prior express permission of Le Marche Paris;
  • harvest or otherwise collect information about users without their consent; or circumvent any technical measures used to provide our Services.

Vendors must meet Le Marche Paris’s minimum performance standards. Failure to meet these standards may result in Le Marche Paris charging you additional fees, and/or limiting, restricting, suspending, or downgrading your vendor account.

If we believe you are abusing Le Marche Paris and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating our policies prohibiting Offers to buy or sell outside of Le Marche Paris, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a vendor and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Le Marche Paris, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

 

4. Policy Enforcement

When a buyer or vendor issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and vendors. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

5. Fees and Taxes

If you are a Vendor, you are liable for transaction fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Le Marche Paris. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Le Marche Paris, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of our Services for the introduction to a buyer.

You must have a payment method on file when selling using our Services and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, Le Marche Paris payments entities may collect amounts owed in the manner described in the Payment Terms of Use. In addition, you will be subject to late fees.

In any jurisdiction where Le Marche Paris has an obligation to collect sales taxes on sales you make using our Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.

Selling fees don’t purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

6. Listing Conditions

When listing an item for sale on our Services, you agree to comply with Le Marche Paris’s Listing policies and Selling practices policy and also agree that:

  • You assume full responsibility for the item offered and the accuracy and content of the listing,
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 48 hours in some circumstances). Le Marche Paris can’t guarantee exact listing duration,
  • The content you provide complies with all of our listing policies, including the Images, videos and text policy,
  • Content that violates any of Le Marche Paris’s policies may be modified, obfuscated or deleted at Le Marche Paris sole discretion,
  • We may revise product data associated with listings to supplement, remove, or correct information,

We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

  • buyer’s location, search query, browsing site, and history;
  • item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
  • vendor’s history, including listing practices, Detailed Seller Ratings, Le Marche Paris policy compliance, feedback, and defect rate; and number of listings matching the buyer’s query,
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
  • Some advanced listing upgrades will only be visible on some of our Services,
  • Le Marche Paris’s Duplicate listings policy may also affect whether your listing appears in search results,
  • Meta Tags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings;
  • results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other vendors,
  • For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Le Marche Paris may require the use of certain payment methods, subject to our Payments methods policy. For example, for inventory covered by authentication services, buyer and vendors may be subject to escrow and/or payment handling requirements,
  • You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Le Marche Paris has no responsibility or liability for the safety or performance of any product that you list or sell using our Services,
  • including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services.

7. Purchase Conditions

When buying an item on our Services, you agree to the Rules and policies for buyers and that:

  • You are responsible for reading the full item listing before committing to buy,
  • You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, (or your bid is otherwise accepted),
  • For motor vehicles, an offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the vendor,
  • We do not transfer legal ownership of items from the vendor to you,

8. International Buying and Selling; Translation

Many of our Services are accessible internationally. Vendors and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

You authorize us to use automated tools to translate your Le Marche Paris content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by Le Marche Paris, to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.

Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on our FAQs pages.

9. Content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Le Marche Paris, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Le Marche Paris takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Le Marche Paris users). You may use that content solely in your Le Marche Paris listings. Le Marche Paris may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Le Marche Paris is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

10. Authorization to Contact You; Recording Calls; Analyzing Message Content

Le Marche Paris’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Le Marche Paris’s User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Le Marche Paris may store message contents, including to conduct this scanning and analysis.

Privacy of Others; Marketing
If Le Marche Paris provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them, and only using Le Marche Paris Services.

 

11. Additional Terms

Returns and cancellations for Vendors
Vendors can create rules to automate replacements, returns, and refunds under certain circumstances. For all new Vendors, in listings where returns are accepted, Le Marche Paris will set a default rule that automates the return process. Vendors may remove or customize their return preferences in their account settings within My Vendor dashboard. Where settings have been set to automatically accept requests for returns or replacements, an Le Marche Paris-generated return shipping label will be provided to your buyer. You agree to comply with our returns policy.

Cancellations for buyers
Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order on Le Marche Paris within one hour after their purchase or commitment, and the vendor will have 3 days to accept or decline the request. If the order can’t be canceled, buyers may still be permitted to return the item if the item is eligible for return. All buyer requested cancellations of orders must be in accordance with our Order cancellation policy.

12. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we can’t guarantee the continuous operation of or access to our Services. Other notification functionality in Le Marche paris may not occur in real time. Such functionality is subject to delays beyond Le Marche Paris’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Le Marche Paris (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Le Marche Paris was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by Le Marche Paris;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Le Marche Paris Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing Le Marche Paris Section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
    your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

13. Release

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Le Marche Paris Money Back Guarantee up to the price the item sold for on Le Marche Paris(including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) 100€.

14. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

15. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on https://le-marche.jp/.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on https://le-marche.jp/. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the Le Marche Paris Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Le Marche Paris representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

Without limiting Le Marche Paris’s ability to refuse, modify, or terminate all or part of our Services, Le Marche Paris may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Le Marche Paris.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such an account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Le Marche Paris, and supersede all prior understandings and agreements of the parties.

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