Sporttroc

Terms of Sales

General Conditions:


The online service Sports Barter managed by the company SportTroc SRL (hereinafter the Sports'troc platform) allows linking advertisers sellers (hereinafter the Sellers) and buyers (the Purchasers) of Articles and sports equipment (the products). Sellers and buyers are hereinafter designated members jointly.


The platform allows Sports'troc the conclusion of product sales contracts. Members are sole decision of the realization of the purchase and sale of products.


The acceptance of these terms of use of the platform by members Sports'troc is mandated Sports'troc for linking Buyers and Sellers and make transactions on the site in the manner hereinafter Sports'troc after.


1: Definitions


Sports'troc Platform: means the functional and organizational structure set up by Sports'troc enabling matchmaking Sellers and Buyers products. The offers will operate under the telecommunications computer resources described in the user guide.


Product: Means the articles and sports equipment mentioned on the dedicated plugs and likely to be towards exchange platform by Sports'troc.


Product prohibited: means contrary to morality or products not authorized under laws, regulations or contractual. These include products that constitute infringing products or with known defects that could be dangerous to use. This definition includes coupons or discount codes or promotional offers.


Seller: Means a member performing an offer to sell a product on the platform of Sports'troc. Sports'troc can be Seller products.


Buyer: means a Member who indicated his acceptance of the offer of a Salesman.


Member: Means singular or plural a Seller or a Buyer may make use of the platform Sports'troc after acceptance of terms. Each Member undertakes to provide accurate information as to his identity, address and other data required for access to the platform and Sports'troc to update any changes to such information. To access the benefit of Sports'troc platform, a Member must be 18 years old and have a delivery address in Metropolitan France or in a country of the European Union.


Price: Means the price offered by the Seller for its offer to sell a product. The price is the base commission Sports'troc. If Seller is Sports'troc, no commission is applied.


Commission: means the remuneration received by Sports'troc under use of the Platform Sports'troc by Members. If Sports'troc seller is no commission is perceived Sports'troc cash the full price of the sale.


Transaction price: Means the total product price payable by the Buyer, including the costs of packaging and shipping.


Product Datasheet: Means in singular and plural detailed description of a product or batch of products offered for sale on the platform of Sports'troc.


2: Purpose


These Sports'troc Conditions are intended to define the conditions by which Members may use the Platform for Sports'troc operate their links.


3: Obligations of Sports'troc


3.1 Sports'troc agrees to make available to Members on the Platform Sports'troc offers from Sellers. Sports'troc receives for this purpose mandate from the Seller to make available Buyers offers provided by the Seller and open in its name and on its behalf, escrow amounts collected during the transaction. Sports'troc is committed to treating all claims following the sale of a product on the Platform Sports'troc.


3.2 Sports'troc is by no means a reseller of products as part of the matchmaking and does not come, except indications or specific provisions contained in this contract, in possession of the products.


3.3: Sports'troc can not guarantee that the seller of the Product will meet the Buyer. Similarly, Sports'troc can not guarantee the Seller that the Product will not be returned or that the sale will not be canceled by the Buyer.


3.4: Sports'troc sets up a system to the Buyer after the transaction with a seller, determine the criteria of satisfaction according to a scale Sports'troc communicated by the Buyer (see the User guide in the section how to buy).


4: Buy Process


4.1 The purchase contract is concluded between the Buyer and the Seller under the condition of the confirmation of the availability of the Product by Seller. The date on which the sale is deemed to have occurred when the condition has been achieved, is that the reception and collection into an escrow account the full transaction price paid by the Buyer. The payment of the price of a product by the Buyer Sports'troc as agreement in the offering. Buyer acknowledges that its acceptance of the offer is made in consideration of the description of the object Proceeds from sale and that it is firmly committed to contract with the Seller to the terms of the offer.


4.2 Sports'troc notify receipt and cashing of the price of the transaction to the Buyer and the Seller by email.


4.3: Sports'troc alone is authorized to give orders to the escrow account to make payment to the Seller in earnings, net trade made the price of the commission when the Buyer confirmed Sports'troc the receipt of the Product in accordance with supply and it satisfactory in this regard, following the release of the transaction price.


4.4: Failing express confirmation of the Buyer or failure to notify the non-receipt of the product, agreed on the Transaction will be presumed after the expiry of a maximum period of six weeks after ordering. This refund will take place in the conditions shown in the "how to buy".


4.5: Seller agrees in advance that payment Sports'troc of the transaction may be delayed, firstly for reasons relating to banking and constraints for a period of three business days, and also in the assuming a claim by the Purchaser during the review period it by Sports'troc.


4.6: Once the Buyer has accepted the offer of the seller, the latter has confirmed the availability of the subject product offer and Sports'troc collected the full payment of the Transaction Price Buyer , Sports'troc communicate to the Buyer Seller contact Member. On request, there Sports'troc communicate Buyer coordinates Professional seller.


5: Obligations of Members


5.1 By registering with Sports'troc, the Member has a unique ID and a code strictly personal nominative access, he agrees to keep confidential. The registered member is only allowed to use the Platform Sports'troc using the ID and the registered password. The Member agrees not to offer to any other person access under its identity or its nickname to the Platform Sports'troc. Assuming he has knowledge that another person accesses it, the Member shall inform Sports'troc immediately and confirm this information by mail.


5.2 The Member agrees not to take an identifier infringing third party rights. The Member will not adopt, for example, identifying infringing an intellectual property right to a trademark, a company name or any information directly or indirectly personal.


5.3 The Member agrees not to create or use other accounts that initially created, either under its own identity or that of a third party. Any exceptions to this rule must be explicit request from the Member and express authorization and specific Sports'troc. The fact of creating or using new accounts under his own identity or that of others without having requested and obtained permission to Sports'troc, may result in immediate suspension of the Member's account and all related services.


5.4: In case of dispute between Members, the parties agree that the production Sports'troc recordings on Sports'troc server using the Platform Sports'troc especially of access codes registered member and all associated services.


5.5: The Member is prohibited to sell, sell, let for sale or purchase, directly or indirectly prohibited products.


5.6: The Member agrees not particularly offer for sale and / or purchase, directly or indirectly, prohibited products, and to use information he could access the Sports'troc platform to conduct the purchase or sale of such products banned. The Member agrees to inform without delay Sports'troc if he would see the online offer such products.


5.7: Sports'troc reserves the right to immediately suspend the Member's account and the sums set and to inform the competent authorities any purchase, any offer to sell, or any attempt to offer for sale on the Platform Sports'troc of banned products. In such a situation, the Member will be liable for filing fees, a fixed amount of 20 euros plus a variable amount of 20% of sales / ordering, these may not be less than 100 euros without taxes. The Member authorizes Sports'troc to collect these amounts in the escrow account pursuant to Articles 6.8 and following.


5.8 In case of non-compliance with the provisions of Articles 6.1 and 6.4, the Member is subject, notwithstanding the payment of amounts due principally to a contractual penalty equal to 20% duty of the amount involved (commission amount) with a minimum of € 100 before taxes. The Member authorizes Sports'troc to collect these amounts in the escrow account pursuant to Articles 6.8 and following.


5.9: The Member undertakes to inform valid contact information in his account and keep them updated.


6: Sellers of Bonds


6.1 Seller agrees that any supply of a product corresponds to a material good that he has the full ownership and sales capability, available immediately. Is accordingly unlikely to be offered for sale all intangible such as, for example, a domain name, a hyperlink, an account with an online gaming universe, a debt or a share of company.


6.2 Seller agrees to describe the product offered for sale according to the criteria used by Sports'troc. The description of the product must match its actual characteristics. Seller mention: The name of the product, the characteristics of the product, its use state according to the grid proposed by Sports'troc, the price of the transaction. The Seller also undertakes to maintain its current inventory.


6.3 The Seller is solely responsible for the proper performance of the duty to inform buyers of the essential characteristics of the product and, if any evaluation of postage. It is solely responsible for the description of the products it sells. It guarantees Sports'troc any claim relating to the content and form of the said description. Seller agrees to perform all validations, audits and provide the necessary details so that the specification and provides the elements to be faithful and do not induce the Buyer mistake. On error descriptive, elements of the offer and / or evaluation of postage, Seller will assume only any additional costs and no claim on his part will be admissible as such as from the Buyer as Sports'troc.


6.4 Seller agrees to confirm or deny his offer to sell within a maximum of two working days following receipt of a Sports'troc electronic mail informing that the product offered by him on the platform Sports'troc found a buyer. The reply from him after a period of two days worth denial of the offer to sell. After two defects audit email response, Sports'troc temporarily suspend offers of seller Platform Sports'troc. Seller who is absent more than two days will withdraw from the sale its products. Sports'troc offers the option "no" to program the automatic on-line submission of tenders.


6.5: The Seller is solely responsible for the proper implementation of the obligation to deliver the ordered product. The Seller agrees to send, at its expense, the Product properly packaged at the latest within five working days of the date of communication of the buyer's address. The Product trip to the risk and expense of the Seller.


6.6: When shipping to Buyer of the Product, the Seller agrees not insert any publicity for himself or for anyone, in any form whatsoever (eg post, brochure, flyer, stick sticker…). The details of the buyer should be used only for the purposes of execution of the order and the legal obligations attached to it. Any other use, rental, sale, resale or copy of the Seller are expressly prohibited.


6.7: Obligations of professional sellers: Seller acting in a professional capacity must identify themselves to Sports'troc in that capacity. Sports'troc reserves the right not to contract with a professional seller. Sports'troc reminds the Seller acting professionally its obligation to respect the laws and regulations relating to the exercise of a business distance selling professionally. It shall ensure in particular its reporting obligations of social and tax. Seller agrees to establish the benefit of the Buyer with an individual statement of the sale made and an invoice in accordance with legal requirements referring to the product sold and the Transaction Price. This certificate must include mention the existence and terms of exercising the right of withdrawal from Sports'troc to the Buyer.


6.8: Financial provisions


6.8.1: Seller authorizes Sports'troc to collect on its behalf and on behalf of the Price of the Transaction through electronic payment system secure in place on the platform Sports'troc or by any other means, which would subsequently validated by Sports'troc.


6.8.2: To this effect, the Seller authorizes Sports'troc in its name and on its behalf, to open an escrow account of the sums received, with the bank chosen by Sports'troc or other financial institution offering equivalent services that would be substituted. The parties agree that this escrow account will be used for purposes of implementation of terms and conditions of the Sports'troc platform and in accordance with its provisions. Seller expressly waives claim the benefit of the sums (or other interests) possibly produced by the immobilization of amounts collected during the transaction.


6.8.3: In consideration for the use of the Platform Sports'troc, Seller authorizes Sports'troc, simply because of the acceptance of the offer by the Buyer and the full payment by the latter of the Prize the Transaction, to remember the total price of the Transaction a determined Commission as in Article 6 below. The commission is due by the same seller in case of return of the Product by the Purchaser or invalidation of the offer of sale by the Seller, except for lack of Sports'troc.


6.8.4: Commission charged by the seller Sports'troc for each sale is the difference between the total amount paid by the buyer and the amount returned to the Seller under the terms of the mandate of operation. The calculation of the commission on the selling price of the item, as charged by the seller to the buyer, is detailed in the "Receive Payment" Aid seller, available on the website. The Commission is due by Sports'troc for collection by Sports'troc the entire the Transaction Price.


7: click Bonds


7.1 Sports'troc may need, in exceptional circumstances and in order to fight against potential fraud, to conduct a validation of the identity of the buyer. Failure to supply the information required by Sports'troc as part of the validation of identity, Sports'troc may cancel the Transaction effected by the Buyer.


7.2 The Buyer agrees to comply with all laws and regulations relating to the acquisition of assets of any kind.


7.3 The Buyer agrees to have a standardized mailbox consistent with the recommendations of postal services (size of the mailbox, the names of residents of details ...)


7.4 The fact that one or more products ordered (s) to one or more Sellers on the Platform Sports'troc do so (are) not available (s) is not a renunciation of reason to all the products ordered ; Buyer being held by its acceptance of the offer or other product (s) provided (s).


7.5: Upon receipt of the Products ordered, the Purchaser shall confirm compliance with the order. Otherwise, the Purchaser will file a claim. If after six weeks from the date of purchase no confirmation or complaint has been received, the transaction is deemed perfect. The Transaction is deemed complete upon confirmation from the buyer.


7.6: The assessment of the sale by the buyer after receiving the Product must be performed in accordance with the assessment grid made available on the Platform Sports'troc. The assessment by the Buyer must be objective and honest and must not include any element akin to an insult or defamation. Sports'troc reserves the right to remove any appreciation that does not respect these rules.


7.7: Overdue - In case of unpaid following a fraudulent use of a means of payment, Sports'troc apply to the Buyer application fee in an amount equal to 20% of the amount of the unpaid, without these costs may be less than one hundred (100) euros excluding taxes. The Member authorizes Sports'troc to collect the amount of the unpaid, plus administrative costs, the member of the escrow account.


8: Claims and right of withdrawal


8.1 Any claim of whatever nature relating to a product will necessarily be filed with Sports'troc through the forms on the website specially designed for this purpose. The claim must be detailed and clearly state the reasons for dissatisfaction. Buyer files a complaint may withdraw at any time. Any withdrawal is final. Members will act with all necessary diligence to the proper resolution of the claim. They will cooperate with Sports'troc and deliver any proof necessary to process the claim. They undertake to respect the claims processing procedures set out below or communicated by Sports'troc. In case of non-compliance with these arrangements, the claim will not be processed.


8.2: In case of complaint until resolution of the dispute, the member of the Portfolio may be temporarily blocked Sports'troc. If many claims to the same Member or a high cancellation rate from the latter, Sports'troc also reserves the right to temporarily block the wallet of that Member.


8.3: Non-receipt of the order


8.3.1 The Buyer agrees to wait a period of three weeks after notification of a sale file with Sports'troc a claim in case of non-receipt, total or partial, of the Product ordered unless the Seller recognizes not sending the ordered product.


8.3.2: A claim of total non-receipt of the ordered product, substantiated by Sports'troc may result unless fraud, refund the Buyer.


8.3.3 In case of failure by the Seller of transmission arrangements, especially those indicated on the website of Sports'troc, Sports'troc not guarantees repayment in case of loss or theft.


8.3.4 If after two unsuccessful delivery attempts, the Product is returned to Sports'troc and without complaint for a period of three months after the notification, it will be repaid to the Purchaser in accordance with Article 8.7. The product will become the property of Sports'troc may dispose freely.


8.4: Failure to Comply


8.4.1: A complaint alleging failure Product Compliance entails the obligation for the buyer to return the product in the manner specified by Sports'troc.


8.4.2: The return of a product will only be accepted if it is the subject of a claim and the Buyer follows the instructions issued by the after-sales Sports'troc. Buyer agrees to properly package the product and to take all precautions for its transport.


8.4.3 If after two unsuccessful delivery attempts, the Product is returned to Sports'troc, then the product will, after a period of three months, property Sports'troc may dispose freely.


8.5: Vice caché: Upon discovery of a defect, the Purchaser shall submit the application on time and in the manner set out in Articles 1641 of the Civil Code.


8.6: Right of Withdrawal No withdrawal period is only applicable to a transaction between individuals. When a product was bought from a professional seller registered as such on the website, the Buyer has a right of withdrawal. This can only apply within seven days of receiving the product. The Buyer shall notify his wish Sports'troc on time through forms on the website or by registered mail. Sports'troc will inform the Buyer return terms of the Product to the Seller. The product must be returned complete in its original package with all accessories and documents in a package equivalent to that of the shipping and within 7 days from the Sports'troc response. The return costs incurred during a withdrawal are the responsibility of the Buyer.


8.7: Approval of the claim


8.7.1: In case of return of a product made by the Purchaser and refund request approved by Sports'troc, Sports'troc will instruct the receiver to make the refund of the Transaction Price.


8.7.2: When a product is returned as provided herein by the Purchaser Sports'troc and the price of the transaction has been returned to the conditions set out in Chapter 8; Buyer waives thereby any right on the relevant product that has ceased to be thus his property. Refunds discussed in Chapter 8 will operate systematically by Credit Portfolio Member of whose conditions of use and transfer of the amounts are exposed here.


8.7.3: Sports'troc may retain the returned product as long as the Seller has not paid the amount due to the Commission Sports'troc and repaid the costs incurred by Buyer to return said Product and transport charges for its return to the Seller. The Product trip at Seller's risk. In default of payment by the Seller of the aforementioned are in a period of one month after notice by Sports'troc unheeded for over fifteen days, the product will be deemed to be the Sports'troc property may dispose including free yield on the terms and conditions of its choice.


9: Liability


9.1 Seller represents and warrants that the right to transmit (s) Product (s) sold (s), that (s) is (are) in any given manner (s), mortgage (s) , charged (s) or more generally vest (s) in favor of a third party, and that the operation being implemented is not likely to violate the rights of a third party. Seller certifies the mere fact of putting online the Product by him that his sale complies with legal regulations. In the case of outright fraud, Sports'troc communicate all necessary information including personal and the competent services responsible for the suppression of the said fraud and offenses. Sports'troc can not be held responsible for the offensive, slanderous and generally immoral and laws of comments posted by a Member.


9.2: Save fault on its part, Sports'troc not be held liable for damage sustained by a Member damage. Sports'troc can not be held responsible for any malfunction, breakdown, delay or interruption of access to the Internet.


10: Termination


10.1: This contract is a contract of indefinite duration. As such, it is terminable at any time by Sports'troc or without cause by the Member by simple notification.


10.2 If a Member commits any contractual violations or following offenses: sale of prohibited products, opening of several accounts, fraud to payment, attempted fraud or any other criminal offense, Sports'troc reserves the right to suspend the Member access to the platform Sports'troc, without prejudice to full compensation of the damage sustained by Sports'troc damage; Seller can not invoke in this case the possibly incurred by him in connection with the setting line of its products.


10.3: The suspension shall take effect for the future. Thus, despite a suspension for any reason whatsoever, shall remain liable to the payment of commissions due to a matchmaking performed before the effective date of suspension.


11: General Provisions


11.1: Sports'troc has the right to modify these Terms and Conditions depending on the evolution of its offer and market. Any changes will take effect immediately for online deals from their notification to members by any means chosen by Sports'troc. They will not apply to transactions in progress at the time of their entry into force. A casual, Sports'troc may interrupt the service for operational reasons, maintenance or in emergencies.


11.2: The Member will connect to the Sports'troc platform through its own telecommunications terminal equipment. Sports'troc only provides member no way equipment, telephone system, or other terminal equipment or software or subscription.


11.3: The personal data on members are collected, recorded and stored in accordance with the provisions of the law relating to data, files and freedoms of January 6, 1978. Members have the right of access and rectification foreseen by law to Sports'troc responsible Sports'troc platform.


11.4 In case of force majeure, the obligations of the prevented party will be suspended; particularly in case of: - act or omission of the Government or competent higher authorities - blocking or failure of telecommunications networks - insurrection, civil war, war, military operations, national or local state of emergency, fire , lightning, explosion, strike, flood, storm, made a third.


11.5: the invalidity of one or more provisions of the Terms of Service Platform Sports Swap does not invalidate these General Conditions.


11.6: The present contract is subject to Belgian law. Any dispute with a member acting as a professional and born on the occasion of its interpretation and / or its implementation is the responsibility of Commerce Tribunal, Nivelles.


Barter Sport SRL

Brussels road, 323A

1410 - Waterloo

Belgium