🗺️ Set off on a cycling holiday! Discover our Gravel & Touring selection on Troc Vélo.

Post a listing
My account

Your Rights and Obligations on Troc-Vélo

YOUR RIGHTS AND OBLIGATIONS ON TROC VELO


By using TROC VELO, you may be subject to various obligations while benefiting from certain rights and guarantees. The purpose of this page is to inform you of these rights and obligations in order to prevent any abuse.


SELLERS, WHAT ARE YOUR OBLIGATIONS:

  • Obligation to declare your professional status

We remind you that if you carry out a professional activity, you may not present yourself as a consumer or non-professional and must create a professional account on the Troc-Vélo site. Failing that, you face penalties under Article L.132-2 of the French Consumer Code, including a prison sentence of 2 years and a fine of €300,000.

  • Obligations to declare to the tax and social security authorities

Transactions carried out via the Site are subject to specific tax and social security rules. As a seller, you are subject to reporting and payment obligations to the tax authorities and to the bodies that collect social security contributions.

For more information, see the following links:

On www.impots.gouv.fr, concerning tax obligations, link: https://www.impots.gouv.fr/portail/node/10841

On www.urssaf.fr, concerning social security obligations, link: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html

Failure to comply with these obligations may result in penalties from the authorities.

  • Compliance with consumer law

If you are a professional seller, we remind you that you must comply with French consumer law. As such, the professional seller undertakes in particular to** refrain from unfair practices**, in accordance with Articles L.121-1 of the Consumer Code and following, and to comply with the regulations in force, notably concerning the right of withdrawal or the legal guarantee of conformity.

In addition, the professional seller undertakes to provide consumers, in a clear and understandable way, with the information required by the regulations, notably the main characteristics of the products, the price of the products including VAT, delivery times and arrangements, etc.

The professional must also state certain information about themselves: name or company name, registered office address, contact details, etc.


BUYERS, WHAT ARE YOUR RIGHTS?

  • Withdrawal

If the product was bought from a non-professional or a consumer, unless the listing states otherwise, you cannot withdraw from the purchase.

If you bought a product from a professional, you have a period of fourteen (14) days from receipt to exercise your right of withdrawal, without having to give a reason (Article L.221-28 of the Consumer Code).

Products that are incomplete or damaged as a result of handling other than what is necessary to check their nature, characteristics and proper functioning will not be refunded.

In the event of withdrawal, the Seller will refund you the full amount paid, including delivery costs, within a maximum of fourteen (14) days of receiving the returned products, using the payment method used when ordering, unless you have previously agreed to another refund method.

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal does not apply to:

  • Goods made to measure or personalised.

  • Goods liable to deteriorate or expire rapidly.

  • Goods unsealed after delivery that cannot be returned for hygiene or health protection reasons.

  • Legal guarantee of conformity

When the product is sold by a professional, you benefit from the legal guarantee of conformity provided for by the Consumer Code, notably the following articles:

Article L.217-4 of the Consumer Code: "The goods are in conformity with the contract if, in particular, where applicable, they meet the following criteria:

1° They correspond to the description, type, quantity and quality, notably as regards functionality, compatibility, interoperability, or any other characteristics provided for in the contract;

2° They are fit for any special purpose sought by the consumer, made known to the seller at the latest at the time the contract was concluded and which the seller has accepted;

3° They are delivered with all the accessories and installation instructions that must be supplied in accordance with the contract;

4° They are updated in accordance with the contract."

Article L.217-5 of the Consumer Code: "I.- In addition to the criteria for conformity with the contract, the goods are in conformity if they meet the following criteria:

1° They are fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned;

2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model, before the contract was concluded;

3° Where applicable, the digital elements they contain are supplied in the most recent version available at the time the contract was concluded, unless the parties agree otherwise;

4° Where applicable, they are delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, they are supplied with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods and to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.

II.- However, the seller is not bound by the public statements referred to in the preceding paragraph if they demonstrate:

1° That they were not aware of them and could not legitimately have been aware of them;

2° That, at the time the contract was concluded, the public statements had been corrected in a manner comparable to the original statements; or

3° That the public statements could not have influenced the purchasing decision.

III.- The consumer may not challenge conformity by invoking a defect concerning one or more particular characteristics of the goods, of which they were specifically informed that they departed from the conformity criteria set out in this article, a departure to which they expressly and separately consented when the contract was concluded."

**Article L.217-7 of the Consumer Code **: "Lack of conformity that becomes apparent within twenty-four months of delivery of the goods, including goods with digital elements, is, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect alleged.

For second-hand goods, this period is set at twelve months."

You have a period of two years from delivery of the goods to take action on the basis of the legal guarantee of conformity. You can choose between repair or replacement of the goods, subject to the cost conditions provided for by Article L.217-12 of the Consumer Code.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

  • The guarantee against hidden defects

Whatever the capacity of the seller (professional or not), they are also liable for hidden defects in the product, in accordance with Articles 1641 to 1649 of the Civil Code.

Article 1641 of the Civil Code: "The seller is bound by a guarantee in respect of hidden defects in the thing sold that make it unfit for the use for which it is intended, or that so impair that use that the buyer would not have acquired it, or would have given a lower price for it, had they known of them".

Article 1648 paragraph 1 of the Civil Code: "An action arising from redhibitory defects must be brought by the buyer within two years of discovery of the defect".

You may decide to invoke the guarantee against hidden defects in the product sold within the meaning of Article 1641 of the Civil Code. In that case, you may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

  • You can consult the provisions of the Civil Code on the law of obligations and civil liability applicable to the contractual relationship: Law of obligations and Civil liability

Find us on the Google Play Store and the Apple Store

Android download App Store