General Terms of Sale and Use (T&Cs)

GENERAL TERMS

LEGAL NOTICE

The website www.troc-velo.com (hereinafter the “Site”) and the Troc Vélo application available on the Google Play Store and the App Store (hereinafter the “Application”) are published by the company AVANIS. The Site and the Application together make up Troc Vélo (hereinafter “Troc Vélo”).

The company AVANIS is a simplified joint-stock company (société par actions simplifiée) with a share capital of 169,562 euros, registered under number 484 395 629 with the Trade and Companies Register of CHARTRES, VAT number: FR23484395629. Its registered office is located at 7, rue de la Fosse aux Canes - 28200 Châteaudun, France.

The Publication Director is Mr Nicolas Burger. The site is hosted by the company Synalabs, at 103 rue Réaumur - 75002 Paris - Contact: 08 11 69 65 60

A contact form is available here, where you must state the subject of your request. Our teams process your requests from Monday to Friday, 9am to 5pm.

DEFINITIONS

User/Member: any holder, professional or private individual, of a personal Troc Vélo account who uses the Troc Vélo services.

Buyer: any User who purchases a product through the secure payment service offered on Troc Vélo.

Listing: information and items of any kind (visuals, photographs, etc.) posted by a professional or private Advertiser under their sole responsibility, whatever the nature of the goods or services offered by the Advertiser.

Private Advertiser: any natural person, of legal age, acting for private and non-professional purposes, with the capacity to enter into contracts, holding a personal Troc Vélo account, which must be created in order to post and manage their listings.

Professional Advertiser: any legal entity or natural person acting for professional purposes, who must hold a professional Troc Vélo account, which must be created in order to post and manage their listings.

Personal Troc Vélo account: the personal space available to every registered advertiser, required to use the features of Troc Vélo (creating and managing listings, taking part in the forum, subscribing to optional paid options, etc.)

Secure payment service: the online payment service made available to Troc Vélo Users through the payment provider Stripe.

Seller: any private or professional Advertiser who offers goods for sale and completes a sale through the secure payment service offered by Troc Vélo.

ACCEPTANCE OF THE TERMS OF USE

Troc Vélo provides a service for posting and browsing classified listings on the Internet.

These general terms set out:

• The conditions under which Users may use Troc Vélo

• The procedures for subscribing to paid options

• The conditions of use of the payment services made available to Buyers and Sellers,

When creating their account, whether the User registers as a Seller (professional or not) or as a Buyer, they will be asked to confirm their agreement to the General Terms when validating their information.

Troc Vélo reserves the right to unilaterally amend these general terms, in whole or in part. The applicable general terms are those in force at the time the User uses Troc Vélo. Users are invited to read these terms of use regularly in order to be aware of any changes made. Using any of the features of Troc Vélo constitutes, for any User, automatic and unreserved acceptance of these General Terms and of any amendments to them.

Users are informed that Troc Vélo, as data controller, collects some of their personal data in order to carry out operations relating to the commercial relationship (customer account management, payment for options, etc.), to carry out statistical studies and to carry out direct marketing operations. To find out more, Users are invited to read the Troc Vélo Privacy Policy.

The services of Troc Vélo are exclusively reserved for adults who are legally capable of entering into contracts under French law.

GENERAL TERMS

Article 1: Description of the service

Troc Vélo is a technical intermediary hosting classified listings. Any User previously registered with their email address (“Member”) may post one or more listings free of charge (excluding optional paid options and professional members) in various categories.

Members can communicate with each other privately via the dedicated messaging service, or publicly via the Forum, subject to compliance with the rules set out in point (2) (User commitments and content creation)

Creating a member account is mandatory in order to use certain features of Troc Vélo, in particular to:

• publish a listing
• edit (other than changing the category of) or take offline an existing listing
• reply to a listing
• communicate with a member
• post on the forum
• subscribe to an optional paid option

Article 2: User commitments and content creation

The User creates an account with their personal email address and a password of their choosing. They undertake to provide strictly accurate information and to update it if their circumstances change.

A Member may not create and use several accounts. Each account must be created and used exclusively by the registered Member. If a Member is found to be using several accounts, under their own identity, a false identity, or the identity of a third party, Troc Vélo reserves the unilateral right to block or delete all of that Member’s accounts without notice.

However, a User may hold both a personal account and a professional account, provided that the emails used for each account are different.

The Member undertakes to keep their login credentials strictly confidential and not to disclose them to any third party. Any data transmission, login, action or content published in any form from the member account is deemed to have been carried out by the registered member and under their sole responsibility.

Troc Vélo cannot be held liable in the event of fraudulent or consented use, by a third party, of the member account or of the Member’s personal information, nor for the harmful consequences of such use, which remain the exclusive responsibility of the Member holding the account. In the event of loss suffered by Troc Vélo as a result of such use, the Member undertakes to compensate Troc Vélo, in particular if costs are incurred.

In the event of fraudulent use of their account, the Member undertakes to inform the Troc Vélo team without delay via the dedicated “Contact us” page at the bottom of every Troc Vélo page, under the “Troc Vélo” category.

At all times while browsing Troc Vélo or using its features, every Member unreservedly undertakes to:

• Use the services only for the purposes described above
• Provide only accurate and truthful information, and keep it up to date
• Respect the rights of third parties (such as copyright, patents, trademark rights, trade secrets and all other intellectual property rights)
• Not break any law or regulation (including those governing export controls, consumer protection, unfair competition, discriminatory practices or misleading advertising, the sale of counterfeit products, this list not being exhaustive)
• Observe basic standards of decency and good conduct
• Refrain from any disparaging, defamatory, slanderous or libellous remarks.
• Not to insert links to external sites (in listings and messaging) with the aim of circumventing the Troc Vélo service fees.

With regard in particular to exchanges on the Forum, Reviews and private messages exchanged between internet users or with Troc Vélo operators, you are asked to remain courteous.

Users must also be vigilant when giving personal information, such as their emails or telephone numbers, to the person they are communicating with.

The following behaviours are strictly prohibited, this list not being exhaustive:

• Aggression and insults,
• Remarks that are contrary to the regulations in force, to decency and to public order, or that are inappropriate, insulting or defamatory, including in the choice of the Member’s username.
• Incitement to hatred, to violence, or to the commission of a crime, an offence or an act of terrorism,
• Incitement to discrimination against a person or group of persons on the grounds of their ethnicity, religion, race, gender, sexual orientation or disability,
• The promotion of a political party, a religion or a sect, or the encouragement of practices that are dangerous to health,
• Comments that amount to disguised advertising,
• Identity theft,
• The disclosure of personal data,
• The opening of several accounts with the aim of harming the service or circumventing these Terms.
• Any behaviour that could be classified as harassment

Any content that does not comply with these General Terms can be reported to Troc Vélo by the following means:

• On a listing’s page, via “Report the listing” directly below the box containing the product description
• Via the “Contact us” page at the bottom of every Troc Vélo page, under the “Troc Vélo” category

After review, Troc-Vélo reserves the unilateral right to hide or delete the content in question, and even to block or delete the account concerned, without any warning.

Article 3: Content and editing of listings

Troc Vélo is a Site and Application specialising in the worlds of cycling and the outdoors, and as such the types of goods or services that can be offered for sale through the classified listings system are limited.

The following may be the subject of a listing:

• Complete bikes: MTB, road, gravel and touring, BMX, leisure, children’s
• Bike components in the following categories: frame, drivetrain, braking, peripherals, wheels, tyres, inner tubes, forks, shock absorbers, electronic components
• Accessories in the following categories: electronics, turbo trainers, luggage/transport, maintenance/repair, safety and protection, hydration, miscellaneous (e.g. books)
• Equipment in the following categories: mountaineering, climbing, hiking, outdoor and running
• Race bibs (e.g. L’Etape du Tour de France)
• Any service directly related to the practice of a sporting activity: coaching offers, equipment rental, repair/maintenance assistance services, etc.
• Events related to the sporting activities concerned (non-limiting examples: bike swap meets, group bike rides, cycling meet-ups, etc.)
• Sports nutrition products (such as bars, gels and drinks, etc.), only for authorised professional sellers.

Certain services or products, on the other hand, are strictly prohibited:

• Any service or product relating to a medical practice, whether conventional or not (known as complementary, alternative or natural).
• Any service or product relating to a regulated activity of any kind.
• Any offer relating to food products of any kind (with the exception of sports nutrition for professionals).

Advertisers must take care to describe the condition of the item being listed as faithfully and as precisely as possible. Advertisers must include in the listing any information relating to the item’s history (e.g. a fall, modification, accident, etc.) that may affect its use.

When the item is not new, advertisers are asked to place particular emphasis on any defects or damage, in the body of the listing and by adding photos.

In addition to this information to be included in the body of the listing, advertisers must select the condition of the item from several options:

“New”: equipment that has never been used and comes with its original labels and packaging. The equipment is in perfect working order.

“Like new”: equipment that has never been used and is in perfect working order. Unlike new equipment, the advertiser is unable to provide the original packaging and/or labels.

“Very good condition”: equipment that has been little used and has been very well maintained. It has no malfunction affecting its normal use. The only defects are purely cosmetic and minor: slight signs of use may be visible.

“Good condition”: equipment that has been used and has been very well maintained. It has no malfunction affecting its normal use. The only defects are purely cosmetic: signs of wear are visible.

“Worn”: equipment that has been used and whose normal operation is impaired. It also shows signs of wear, which must be visible in the photos and specifically mentioned in the body of the listing.

Article 4: Professional Advertisers and Sellers

Obligation to create a professional Troc Vélo account. Any legal entity or natural person acting for professional purposes must create a professional account pursuant to Article L132-2 of the French Consumer Code when creating their account, by choosing the “I am a professional” option.

Non-exhaustive reminder of the obligations incumbent on professional advertisers: https://www.troc-velo.com/fr-fr/article/Vos_Droits_Et_Obligations

Professional rates. The professional rate, including VAT, for publishing a listing for 15 days is €2, €3 for 30 days, €5 for 60 days, €7 for 90 days, and €9 for 120 days. If the listing is priced below €50, publication of the listing is free for professionals. Any extension at the end of the initial period is chargeable at the rate indicated above. The price of the initial listing will be taken into account in determining whether it is free.

Features included. All listings posted by a Professional Advertiser display a “PRO” badge, which visually sets them apart from listings by private individuals. The “PRO” badge also gives access to the “professional sellers” filter, which is widely used by Users.

Optional paid options. The professional advertiser is free to subscribe to the optional paid options listed in point (5) Ranking of listings

Article 5: Ranking of listings

The ranking and referencing system for Troc Vélo listings can also be found in our Distribution rules.

Listings are ranked by default by relevance, taking into account the date the listings were created and the various paid options that advertisers may have subscribed to.

If the User uses the search engine, listings will be ranked by relevance (as detailed above), also taking into account how closely they match the keywords entered.

Listings can be sorted by the User according to several criteria:

• “Lowest price”: sorted by price from cheapest to most expensive
• “Highest price”: sorted by price from most expensive to cheapest
• “Newest”: sorted by listing date from newest to oldest
• “Oldest”: sorted by listing date from oldest to newest

Listings can be filtered by the User according to several criteria:

• The search location, with the possibility of adjusting the search area around that location
• The price range (between minimum price / maximum price)
• The condition of the product: new, like new, very good condition, good condition, worn
• The type of seller: professional or private individual (otherwise, combined in the same list of results)
• Listings published with the “Urgent” label (paid option subscribed to by the Seller)
• The type of listing: sale, wanted, rental
• The possibility of paying online (Secure payment)
• Listings available with delivery.
• The various characteristics of the product sought depending on its type (brand, colour, model, size, main material, etc.)

Certain optional paid options, which can be combined, also affect the ranking and/or visibility of listings:

Category head / featured.

This option increases the visibility of the listing. In addition to appearing in the product list, your listing is displayed in a dedicated area above it (“FEATURED” area). 6 products are displayed at random throughout the day in order to optimise the visibility of each listing that has subscribed to the option. There is a choice of 3 offers: 7 days, 15 days, 30 days.

Boost to the top of the list.

This option increases the visibility of the listing and changes its ranking. Your listing automatically moves up, at the time of subscription, to the top of the list for the entire duration of the subscription. You optimise your visibility over time. There is a choice of 4 offers: immediately, every day for 7 days, every day for 15 days, every day for 30 days. This option does not apply if the User chooses a sort order other than “Sort by relevance”.

The “URGENT” label.

This option increases the visibility of the listing, which displays an “urgent” label. It can change the ranking of the list of results only if the User chooses to filter listings by this criterion when searching. This option is valid for the whole period your listing is published (maximum duration: 120 days).

Article 6: Intellectual property

Troc Vélo intellectual property

Troc Vélo, its content and all the elements that make it up are creations for which Troc Vélo holds all intellectual property rights and/or exploitation rights, in particular under copyright law, database law, trademark law, and design law.

Troc Vélo, as well as the software, databases, texts, information, analyses, images, photographs, graphics, logos, sounds, or any other data found on Troc Vélo, remain the exclusive property of Troc Vélo.

The Customer has the right to view online the data and information on Troc Vélo, and may, for strictly private use, print or save them for a purchase or a planned purchase.

Any other use of Troc Vélo by the User, in particular commercial use, is prohibited. In particular, the User is prohibited from reproducing and/or representing for any use other than private use, selling, distributing, broadcasting, translating, adapting, disseminating and communicating in any form whatsoever, any element, information or data of Troc Vélo. In addition, the User is prohibited from introducing, by any means whatsoever, data that may alter or harm the content or presentation of Troc Vélo. Any hyperlink to Troc Vélo must first be expressly authorised by Troc Vélo. Furthermore, any hyperlink, even if expressly authorised by Troc Vélo, must be removed at Troc Vélo’s first request.

The use of automated systems, software, or any other means to extract data from the website https://www.troc-velo.com for commercial purposes is prohibited, unless third parties have entered directly into a written licence agreement with Troc Vélo.

Published content

All published content belongs to the User concerned.

However, the User authorises Troc-Vélo to disclose all or part of the content posted in the course of their use of the service. Thus, by publishing content, in particular listings on Troc-Vélo, the User agrees to grant Troc Vélo, on a non-exclusive, sublicensable, royalty-free basis, worldwide and for the legal duration of the rights, all image rights and intellectual property rights relating to said content, as and when it is published on Troc Vélo (in particular photographs, texts, trademarks, logos, titles, illustrations, images). The rights granted cover the right to reproduce, distribute, represent and modify by any process, in any form and on any known or unknown medium. This licence is granted in particular in connection with the promotion of certain items on the social networks used by Troc-Vélo (Instagram, Facebook, LinkedIn), through our internal communication media and via newsletters.

Accordingly, the User declares that they hold all intellectual property rights in said content and guarantees Troc-Vélo against any action of any kind or any claim from a third party who holds or claims to hold any right in said content. Finally, the User undertakes to reimburse Troc-Vélo for any damages, fees and costs arising from any action brought by a third party. Any reproduction, or partial or total copying, of textual or graphic elements belonging to Troc-Vélo is prohibited without the explicit written consent of Troc-Vélo.

Article 7: Troc Vélo’s liability

As a technical intermediary providing a classified listings hosting service, Troc-Vélo is subject to the liability regime for hosting providers as set out in Articles 6.I.2. et seq. of Law no. 2004-575 of 21 June 2004, known as the Law for Confidence in the Digital Economy.

As such, Troc Vélo cannot be held liable for content generated by Users. The User understands and acknowledges that they are the sole author of, and fully responsible for, the content generated on Troc Vélo via their personal account. Troc Vélo is a third party to the relationships between the various Users. It is therefore excluded from any liability in this respect.

Troc Vélo can therefore under no circumstances be held liable for the content of listings published by users or for the messages and content exchanged via Troc Vélo. In this context, the user understands and accepts that Troc Vélo is not responsible for disputes arising between buyers and sellers or between the various users of Troc Vélo and takes no part whatsoever in their resolution. In particular, Troc Vélo is not responsible for the poor performance or non-performance of transactions by users and accepts no liability for the quality, safety or lawfulness of the items listed, the truthfulness or accuracy of the listings posted online, the ability of sellers to sell said goods or services or the ability of buyers to pay for said goods or services.

Without Troc Vélo being under any obligation to verify content, Troc Vélo reserves the right to delete, without notice or compensation, any content that does not comply with the distribution rules or these general terms and/or that is likely to infringe the rights of a third party.

The user undertakes to guarantee, indemnify and compensate Troc Vélo for any damage, loss, loss of earnings, complaint, liability and costs that Troc Vélo may incur if its liability is invoked by a third party, as a result of an action or complaint following the posting of a classified listing or any other content in breach of the rules contained in these general terms or in the “distribution rules” section.

Users are invited to read our Tips for buying and selling safely on Troc-Vélo (troc-velo.com)

As a provider of online public communication services, Troc Vélo undertakes to use all necessary means to ensure the best possible provision of the site to Users.

Troc Vélo is not liable for indirect, consequential or incidental damages, or for any loss of profits or revenue, arising directly or indirectly, or for any loss of data, use, goodwill or other intangible losses, resulting from the use of Troc Vélo’s features, from the inability to use them, or from the consequences of performing these General Terms. To this end, every User waives any right to seek compensation from Troc Vélo on any grounds, the User being solely responsible for damage caused to third parties and its consequences.

In addition, Troc Vélo accepts no liability:

• In the event of interruption of the Site and services for technical maintenance operations or updates to the information published.

• In the event of temporary inability to access Troc Vélo (and/or the sites linked to it) due to technical problems, whatever their origin or source.

• In the event of direct or indirect damage caused to the user, of whatever nature, resulting from the content, the item or the service that is the subject of the listing, or from access to or use of Troc Vélo (and/or the sites linked to it).

• In the event of abnormal use or unlawful exploitation of Troc Vélo. The user of Troc Vélo is then solely responsible for damage caused to third parties and for the consequences of any claims or actions that may result. The user also waives any right of recourse against AVANIS – Troc Vélo in the event of proceedings brought against them by a third party as a result of the unlawful use and/or exploitation of the site.

• In the event of non-conformity of an item

• In the event of damage occurring during delivery of said item

• In the event of non-delivery or non-collection of an item

Article 8: Rights and Responsibilities of Troc Vélo Buyers and Sellers

A non-exhaustive reminder of the rights and obligations of buyers and sellers can be found on our dedicated page.

Without excluding the commitments and obligations set out in these General Terms, every User, whether seller or buyer, declares that they hold all necessary rights and the legal capacity to enter into contracts. They declare that they will provide truthful and complete information at all times, and that they are solely responsible for it.

Liability.

The Seller is solely responsible for the conformity of the Product that is the subject of their listing, for its in-person handover, its delivery or its collection. It is up to them to be able to demonstrate these matters (conformity, shipping, handover of the product), by any means of proof, which will be assessed by the Troc Vélo teams.

Article 9: Moderation and Reporting

As a technical intermediary providing a classified listings hosting service, Troc Vélo is subject to the regime of non-liability for hosting providers as set out in Law no. 2004-575 of 21 June 2004, known as the Law for Confidence in the Digital Economy.

Reporting unlawful content.

Any content that does not comply with these General Terms can be reported to Troc Vélo by the following means:

• On a listing’s page, via “Report the listing” directly below the product description

• Via “Contact us” at the bottom of every page of the Site, in the “Troc Vélo” category

• Via the chatbot (at the bottom right of the browsing page, shown as a chat bubble).

Reporting messages from other Users.

• Reporting a DM / private message:

• Via the contact form
• Via the chatbot (at the bottom right of the browsing page, shown as a chat bubble)

• Reporting a message on the forum: “report this message”, which appears on each forum message.

Handling of reports

In any event, Troc Vélo reserves the right to:

• Delete, without notice or compensation, any content that does not comply with these general terms or with the regulations in force,
• Suspend or delete any account and bar access to the site for any User who does not comply with these Terms of Use,
• Suspend an account if fraud is suspected,
• Block a User’s access to the Secure payment service if the rules applicable to that service, or the applicable legal or regulatory provisions, are not complied with.

Article 10: General Terms for optional paid options

10.1 Description of paid options.

Any Advertiser is free to subscribe to the optional paid options set out in Article 5 of the General Terms of Use in order to promote their Listings. A paid option that has been subscribed to works for a single Listing only; it is not possible to transfer the benefit of a subscribed option from one Listing to another. It is possible to subscribe to several different options at the same time for the same Listing. It is specified that the deactivation or expiry of a listing

• Does not suspend the duration of the subscribed option.
• Removes all subscribed options attached to the Listing.

If the product’s category is changed, the options listed above are automatically removed. The User cannot keep one or more paid options when they change the category of the product featured in the Listing. This removal will not be refunded.

10.2 Subscription and rates.

Rates are subject to change. A new rate does not affect options already subscribed to and takes effect only from its publication. Details of the features of the paid options and their various rates can be found in the process for posting, editing and promoting a listing. The Advertiser selects one or more option(s) themselves, and thereby expressly consents, and not by default (no option being pre-ticked), firstly to payment for and the benefit of the additional options, and secondly to the options starting to be performed as soon as they are paid for.

10.3 Withdrawal and refund of options.

The Advertiser expressly consents to the benefit of the options being performed as soon as they are paid for. They are informed that their right of withdrawal cannot be exercised in respect of the subscription to the aforementioned options under Article L221-28 of the French Consumer Code, and expressly waive it.

The Advertiser acknowledges that deleting their personal Troc Vélo account, as well as any early removal of a listing, by the Advertiser themselves or by Troc Vélo (for example, and non-exhaustively, in the event of a Listing or behaviour that does not comply with these General Terms of Use), results in the removal of the associated paid options subscribed to and gives no right to a refund or compensation.

The Advertiser acknowledges that changing the category of a Listing removes all subscribed paid options, with no possibility of withdrawal or refund.

10.4 Payment methods for options

10.4.1 Payment by bank card (CB, VISA, MASTERCARD)

Troc Vélo uses the payment system provided by ADYEN. Security is ensured through SSL (Secure Socket Layer) encryption technology, which is currently the most reliable and widespread on the Internet. Your bank card number and expiry date are always encrypted and never travel in clear over the network. Cartes Bleues, VISA and Mastercard are accepted. Banking information (card number, cardholder’s first and last name, expiry date and security code) is accessible only to our partner in order to enable the connection with your bank. At no time can Troc Vélo or third parties access your banking data.

10.4.2 Payment via PayPal.

PayPal allows you to pay for your purchases securely: PayPal service user agreement

10.4.3 Payment via mobile application

The Site allows options to be paid for directly through the following mobile applications:

• Apple App Store

• Google Play

Payments made through these methods are concluded directly between the User and the platform concerned. Please refer to the general terms of use of Google Play and of the App Store for any information relating to payment.

By confirming their purchase, the User requests immediate performance of the service and acknowledges that they lose their right of withdrawal as soon as performance of the payment service begins, in accordance with the applicable regulations.

10.4.4 Payment using credits

Description of credits:

Credits allow you to post your listings and to subscribe to options and automatic renewal features. They are valid for 365 days from the date of purchase, after which the credits will be deleted with no possibility of refund or compensation. Credits cannot be transferred from one personal account to another, and deletion of the Advertiser’s personal account will result in deletion of the credits associated with it.

There are 7 credit offers, with a minimum purchase of 10 credits.

• €10 incl. VAT = 10 credits
• €30 incl. VAT = 30 credits
• €50 incl. VAT = 50 credits
• €95 incl. VAT = 100 credits
• €225 incl. VAT = 250 credits

Withdrawal and refund of credits.

Provided that the credits have not yet been used on the Troc Vélo site, the Advertiser has, under Articles L 221-18 et seq. of the French Consumer Code, a period of 14 days from the date the credits were purchased in which to exercise their right of withdrawal. Where applicable, the Advertiser must send their request by any means (in particular to the address given below or via the “Contact the Troc Vélo team” contact form, selecting the reason “credits and boosts”) and attach the following completed form:

WITHDRAWAL FORM - ONLY VALID FOR TROC VÉLO CREDITS

For the attention of the company AVANIS – TROC-VELO.COM, 7 rue de la Fosse aux canes - 28200 Châteaudun

I hereby notify you of my withdrawal from the contract (general terms of sale) for the purchase of the credits below:

Date credits were purchased: ..............................................

User’s last name and first name: ..............................................

User’s email address associated with their personal Troc Vélo account: ............................................

Signature (only if this form is sent on paper):

Date: .....................................

Article 11: Use of the secure payment service

Troc Vélo makes a Secure Payment service available to its Users (Seller or Buyer) in order to secure transactions and protect Buyers and Sellers. This online payment service is provided through the payment provider Stripe. It is offered for all listings posted by private individuals or professionals.

This secure payment service allows Advertisers to offer online payment directly on their listings. A “Buy” button will then appear on the listing concerned. The interested Buyer can click on the “Buy” button and proceed to payment.

1. Payment by the Buyer

By using this service, the Buyer and the Seller confirm that they have read and accepted the general terms of the partner STRIPE.

To proceed to payment, the Buyer must follow the procedure shown on the platform and pay by bank card.

The Buyer will provide their banking details for payment directly to Stripe. The Buyer is solely responsible for providing their data.

Once payment has been made, the sums paid by the Buyer are held securely in an escrow account managed by the payment providers Mango Pay and Stripe until the sale between the Buyer and the Seller is completed.

The Buyer is deemed to have accepted the purchase offer once the payment process is completed.

2. Confirmation of availability

The Seller will then have 72 hours to accept or decline the purchase offer. If there is no response within 72 hours, the offer will be automatically cancelled. Acceptance of an offer results in the refusal of any other Offer received for the same Item.

3. Choice of delivery method

During the purchase process, the Buyer can choose between the various methods of handing over the item previously selected by the Seller: integrated delivery via Mondial Relay, delivery by the Seller or in-person handover.

3.1 Integrated delivery via Mondial Relay

Troc Vélo makes the Mondial Relay Delivery Service available to its Users in order to secure deliveries and protect Buyers and Sellers. During the Secure Payment service process, the Buyer can choose a delivery method for the product they have bought, if this was enabled by the Seller when creating the Listing. In any event, the product must belong to a category eligible for Mondial Relay Integrated Delivery.

This optional delivery service is provided through the provider Mondial Relay. This delivery service allows Sellers to offer a delivery method directly on their listings.

The Mondial Relay Delivery Service is offered for all Listings posted by private individuals or professionals, except for products falling within the areas listed below, which are strictly excluded:

• The categories, and all the categories and sub-categories stemming from them, “Bikes & frames” and “Services”;
• The categories, and all the sub-categories stemming from them, “E-bike components”, “Turbo trainers” and “Luggage and transport”;
• The sub-categories “Stoves”, “Lights and cooking gear”, “Wheels”, “E-bike kits” and “Workshop stands”.

The Mondial Relay Delivery Service is available only for products whose final price paid by the Buyer (excluding delivery costs) is strictly less than two thousand (2,000) euros.

When the Buyer opts to have their product shipped via the Mondial Relay Delivery Service, they are asked to choose their delivery pickup point and then to enter their identity details before paying for the product and the delivery costs via the Secure Payment service.

3.1.1 Buyer’s obligations

As soon as the Buyer has chosen the Mondial Relay Delivery Service, the Seller undertakes to comply with the delivery service selected by the Buyer, failing which the sale of the product cannot be completed.

Users who opt for shipping or delivery via the Mondial Relay Delivery Service undertake to read, accept without reservation, and comply with the Mondial Relay General Terms of Sale in force on the date the product is shipped.

3.1.2 Delivery costs

Delivery costs are borne by the Buyer, who pays them directly when paying via the Secure Payment service. Delivery costs vary according to the weight of the parcel, as defined below, as well as the shipping zone and the receiving zone of the Parcel.

The weight, being one of the criteria used to determine the amount of the delivery costs, is understood as the weight of the product sold plus the weight of the packaging used to ship it (this whole being referred to as the “Parcel Weight”).

The weight of the product is entered by the Advertiser when creating the listing: the Site suggests a recommended weight as the Parcel Weight, which the Advertiser can change. The Parcel Weight can be reduced by one step only, and increased up to the maximum weight accepted by Mondial Relay. In any event, the Parcel Weight may never exceed thirty (30) kilograms.

The delivery costs are as follows, for shipping from and delivery to mainland France:

Likewise, for shipping from and delivery to Belgium.

For shipping from France and delivery to Belgium (and vice versa), the costs are as follows:

3.1.3 Shipping

Once the Buyer has made payment, the shipping slip is automatically sent to the Seller, containing the shipping instructions (hereinafter the “Shipping Slip”); it is sent:

• Via the secure Troc Vélo messaging service;
• Via a Troc Vélo email stating that the slip is available in the secure Troc Vélo messaging service.

The Seller undertakes to follow without fail the shipping instructions given to them, and to send the Parcel within fifteen (15) days of the Buyer’s payment.

The Seller undertakes to pack the Parcel properly, in particular by reading the Mondial Relay parcel acceptance conditions, which they accept without reservation Mondial Relay Parcel Acceptance Conditions, and to stick the Shipping Slip on the Parcel before dropping the Parcel off at the pickup point of their choice.

If these conditions are not complied with, the Parcel may be refused by the drop-off pickup point. In addition, the Seller undertakes to use only the Shipping Slip provided to ship the Parcel to the Buyer. If a shipping label other than the Shipping Slip sent to the Seller is used, the shipping costs will be borne exclusively by the Seller and the Site will not make any refund.

If the Parcel is dropped off in a Mondial Relay Locker using the QR code available in the secure Troc Vélo messaging service (drop-off without printing the Shipping Slip), the Seller undertakes to write legibly, in pencil or indelible marker, the 8-digit parcel number shown on the Shipping Slip directly on the packaging, before scanning the QR code and placing the Parcel in the locker. If this number is not written on it, the Parcel may not be identified by Mondial Relay when it is collected and may be returned to the sender; any resulting reshipping costs will then be borne exclusively by the Seller, and Troc Vélo cannot be held liable.

3.1.4 Receipt of the parcel

Receipt of the parcel by the Buyer: The Buyer is informed by email by Mondial Relay, by email by Troc Vélo and by message via the secure Troc Vélo messaging service that their Parcel is available at the pickup point they have chosen or, in the event of a change, at the pickup point indicated to them by Mondial Relay.

The Parcel is available at the pickup point for (5) calendar days, and will be handed over either on presentation of proof of identity and against a digitised signature on the pickup point’s delivery scanning and tracking device (“Personal Digital Assistant” or “PDA”), or on presentation of the collection code sent by Mondial Relay in the delivery confirmation email and/or SMS. The Buyer acknowledges that entering the exact collection code on the PDA at the pickup point constitutes recognition of the recipient’s identity and proof of delivery of the parcel.

Return of the Parcel to the Seller: If the Parcel is not collected by the Buyer within the aforementioned period, it will be sent back to the departure pickup point, and will be available for ten (10) calendar days. At the end of this period, the Parcel will be sent to the Mondial Relay service and will be available for thirty (30) days. After this period, Mondial Relay may freely dispose of the Parcel and Users will no longer be able to retrieve it.

3.1.5 Customer service and tracking

To contact Mondial Relay customer service, various means are made available to the Seller and the Buyer:

• To track the Parcel in real time: https://www.mondialrelay.fr/suivi-de-colis/ ;
• For any question, contact the email address: suividecolis@mondialrelay.fr ;
• To make contact by telephone on 09 69 32 23 32, Monday to Friday, 9am to 12pm and 2pm to 5.30pm.

3.1.6 Declaration of a dispute by the Buyer or the Seller

Under the Mondial Relay Delivery Service, Mondial Relay is liable in the event of loss of the Parcel, delivery delay or damage found during delivery. If damage to the Parcel is found when it is received, the Buyer must refuse the Parcel without fail.

The Buyer and the Seller can declare a dispute in the following cases:

• Parcel not received;
• Item not as described;
• Parcel wrongly declared as received by the buyer;
• Damaged parcel;
• Counterfeit.

To do so, the buyer or the seller must click on “declare a dispute” from the messaging conversation linked to their transaction, then select the relevant type of dispute and provide any supporting evidence for their dispute declaration.

Depending on the dispute, the Buyer or the seller has a specific period (detailed in the articles below) from confirmation of receipt of the item or from validation of receipt of the item by Mondial Relay in which to report the dispute. After this period, no claim by the Buyer or the seller will be admissible, the transaction will be considered closed and the payment will be released to the Seller.

If a dispute is declared in connection with a delivery made by Mondial Relay, Troc Vélo will carry out investigations and may request supporting documents from Mondial Relay, the Seller and the Buyer. Troc Vélo may ask the Buyer and the Seller for further explanations, photos or any useful supporting document.

Declaring a dispute temporarily suspends the transaction. The price of the item is held in the escrow account while the dispute is being examined.

3.1.6.1 Parcel not received

If a parcel has not been received, the buyer must declare a dispute within three (3) days of the last update to the Parcel’s status on the tracking link. The dispute must be declared to Troc Vélo under the conditions detailed above.

If, at the end of the investigations, it turns out that the parcel was lost during delivery by Mondial Relay, Troc Vélo will refund the Buyer the amount of the item. The Seller will be refunded €25 incl. VAT.

3.1.6.2 Damaged parcel

When the Buyer receives the parcel, they must refuse it if it is damaged. If the Buyer nevertheless accepts the item (damage not visible, delivery in their absence, etc.), they can declare a dispute within 72 hours of receiving the item by following the process explained in Article 11.3.1.6 above.

If it turns out that the parcel is damaged, Troc Vélo will refund the Buyer the amount of the item. The Seller will be refunded €25 incl. VAT.

3.1.6.3 Parcel not as described or not genuine (counterfeit)

See Article 11.3.2.4.3.

3.1.7 Mondial Relay’s liability

Mondial Relay cannot be held liable for non-performance of transport operations, even in the event of damage, in the following cases: • The customer has entered an incorrect or incomplete address. • The customer refuses the delivery. • The product has been consumed by your customer (except where the carrier has refused to take the parcel back on the day of delivery, despite the customer’s refusal). In this case, this right of return is not considered a delivery return. • The packaging or the type of product transported does not comply with the specifications accepted and signed jointly by you and Mondial Relay and/or in our General Terms of Sale. In this case, the product is returned to you. • The damage is discovered when the goods are unpacked and was not caused by the transport operation (in particular where the product, in plastic wrapping or in good condition, has scratches, dents and/or missing parts).

3.2 Delivery arranged by the Seller :

This is delivery of the Item by any delivery method chosen by the Seller at the time of shipping.

If the Buyer chooses to have the item delivered, they must enter their delivery details, which will be passed on to the Seller so that they can ship the parcel. The Buyer will bear the consequences of any error in providing their delivery details.

The Buyer can cancel their offer before the offer is accepted by the Seller.

The Seller can cancel the transaction as long as they have not shipped the item.

3.2.1 Delivery costs :

Delivery costs are specified by the Seller when creating their listing. They must be paid by the Buyer in addition to the sale price. They are automatically added and clearly displayed at the basket stage.

3.2.2 Shipping:

The Seller has 15 days from the Buyer’s payment to ship the item by the means of their choice. Beforehand, they must make sure they have photographed the item before and after packing it.

To confirm that the parcel has been shipped, they must enter the tracking number and the name of the carrier on Troc Vélo and, where applicable, upload the tracking link of the selected carrier to Troc Vélo.

If the Seller does not confirm that they have shipped the parcel and does not upload the necessary proof within 15 days, the transaction is automatically cancelled.

The Seller is solely responsible for shipping the item, for providing evidence of the condition of the product before packing and for providing the tracking link.

3.2.3 Confirmation of receipt:

On receipt, the Buyer must confirm receipt of the item by clicking “Confirm receipt”.

The Buyer has a maximum of 72 hours from receipt of the item to confirm that the item is as described or to declare a dispute. After this period, the Buyer will be deemed to have received and accepted the item, and payment will automatically be made to the Seller’s “wallet”.

The Buyer undertakes, in good faith, to accept the item where it matches the Seller’s listing.

If the Buyer does not confirm that the item has been received properly, receipt may be confirmed by Troc Vélo on the Seller providing proof of delivery.

The Buyer then has a maximum of 72 hours to confirm that the item is as described or to declare a dispute. After this period, the Buyer will be deemed to have received and accepted the item, and payment will automatically be made to the Seller’s “wallet”.

If neither the Seller nor the Buyer confirms receipt within 90 days, the transaction is deemed confirmed and payment will automatically be made to the Seller’s “wallet”.

3.2.4 Declaration of a dispute by the Buyer:

The Buyer can declare a dispute in the following cases:

• Parcel not received
• Item not as described
• Damaged parcel
• Counterfeit

To do so, they must click on “declare a dispute” from the messaging conversation linked to their transaction, then select the relevant type of dispute and provide any supporting evidence for their dispute declaration.

The Buyer has 72 hours from confirmation of receipt of the item or from validation of receipt of the item by Troc Vélo to report that the parcel received is damaged. After this period, no claim by the Buyer will be admissible, the transaction will be considered closed and the payment will be released to the Seller under the conditions described in the article below.

Troc Vélo will carry out investigations and will request supporting documents from the Seller and the Buyer. Troc Vélo may ask the Buyer and the Seller for further explanations, photos or any useful supporting document.

Declaring a dispute temporarily suspends the transaction. The price of the item is held in the escrow account while the dispute is being examined.

3.2.4.1 Parcel not received

If, at the end of the investigations, it turns out that the parcel is still being delivered, Troc Vélo may extend the investigation period to allow the item to be delivered. The price of the item will then be held in the escrow account during this additional investigation period.

If, at the end of the investigations, it turns out that the parcel has been lost or if the Seller is unable to prove that the item was delivered, Troc Vélo will refund the Buyer the amount of the item. The Seller may then seek redress directly from their carrier.

3.2.4.2 Damaged parcel

When the Buyer receives the parcel, they must refuse it if it is damaged. If the Buyer nevertheless accepts the item (damage not visible, delivery in their absence, etc.), they can declare a dispute.

If it turns out that the parcel is damaged, Troc Vélo will refund the Buyer the amount of the item. The Seller may then seek redress directly from their carrier.

If the damaged item remains usable, the Buyer and the Seller may find an amicable solution to their dispute, in particular a price reduction or return of the item to the Seller. Troc Vélo does not offer return conditions for the item and does not cover return costs. In this case, return costs are borne by the Seller and it is their responsibility to provide the Buyer with a shipping label within a reasonable time. The transaction will remain in dispute until proof that the buyer has sent the parcel back.

3.2.4.3 Parcel not as described or not genuine (counterfeit)

Once the dispute declaration has been sent, the Buyer and the Seller will have 72 hours to find an amicable solution to their dispute. During this period, the Buyer and the Seller may agree on a solution.

If no agreement is reached within the time allowed, Troc Vélo may intervene. In this case, Troc Vélo will carry out investigations and will request supporting documents from the Seller and the Buyer. In particular, where counterfeiting is suspected and the Seller is unable to prove the authenticity of the Item, the Buyer undertakes to have the Item appraised by a professional.

At the end of the examination of the dispute, and failing an amicable solution between the Parties, Troc Vélo reserves the right to decide the dispute in favour of the Buyer or the Seller on the basis of the information provided.

If one of the Parties does not respond to Troc Vélo’s requests, Troc Vélo may decide the dispute against that Party.

The price of the item will be returned to the Buyer or released to the Seller depending on the outcome of the dispute.

Troc Vélo does not offer return conditions for the item and does not cover return costs. Return costs are borne by the Buyer. Returns are made at their own risk. The Buyer is advised to take photos of the Item and of the return parcel before sending it to the Seller. The Buyer and the Seller may agree on the conditions for returning the item. In the event of a major non-conformity or proven counterfeiting, return costs are borne by the Seller and it is their responsibility to provide the Buyer with a shipping label within a reasonable time. The transaction will remain in dispute until proof that the buyer has sent the parcel back.

3.3 In-person handover

If the Buyer chooses in-person handover, the Buyer and the Seller must agree on a meeting place via Troc Vélo messaging.

From the moment the offer is accepted, the Seller and the Buyer have 30 days to complete their transaction and carry out the in-person handover.

At the agreed meeting, the Buyer must check that the item handed over by the Seller is as described. The Seller will give the Buyer the payment release code. Once payment has been released, the Buyer will be deemed to have accepted the Item.

The Buyer undertakes, in good faith, to accept the item where it matches the Seller’s listing.

At any time before the item is handed over in person, the Buyer or the Seller may cancel the transaction. Likewise, the transaction will automatically expire if no in-person handover has taken place within 30 days of confirmation of availability.

4. Buyer’s right of withdrawal

The Buyer can exercise their right of withdrawal in the case of a transaction with a professional Seller.

In this case, the Buyer has 14 days from receipt or handover of the item to exercise their right of withdrawal, then a further 14 days to send the item back or hand it over in person to the professional Seller.

Return costs are borne by the Buyer. Transport of the item is carried out at the Buyer’s risk.

Transactions between private individuals are not subject to the right of withdrawal. Likewise, the right of withdrawal is excluded in the cases referred to in Article L.221-28 of the French Consumer Code.

5. Release of payment to the Seller

A transaction is considered completed in the following cases:

• Confirmation by the Buyer of receipt of the item and that it is as described,
• Confirmation of in-person handover by the Buyer (entering the code given by the Seller)
• Delivery: No confirmation of receipt by the parties after 90 days from the item being shipped by the Seller
• Delivery: No dispute declaration or confirmation that the item is as described within 72 hours of receipt of the item by the Buyer or validation by Troc Vélo

In the cases listed above, the Buyer gives Troc Vélo exclusive authority to instruct the escrow account to pay the Seller.

Once the Seller has been paid, Troc Vélo cannot handle any claim. The transaction is then considered closed. Any claim must then be settled directly between the Buyer and the Seller.

6. Withdrawing funds to a bank account (KYC / KYB)

6.1 Identity verification.

Following a completed transaction, the private Seller must provide the following information, which will be verified by our payment provider Stripe, in order to receive the amount of their sale in their “wallet”:

• Their last name and first name

• Their postal address

• Their email address

• Their date of birth (adults only)

• Country of residence

• Nationality

• A valid identity document (national identity card, passport or new-format driving licence), excluding extended validity, and a bank account statement (RIB) in the same name

The Professional Seller must provide the following information:

• The company’s identification details (SIRET, telephone number, registered office address);

• Attach a bank account statement (RIB), their Kbis extract less than 3 months old, and their signed and up-to-date articles of association

• The identity details of the legal representative, who must be a natural person

• In some cases, those of shareholders holding at least 25% of the company (last name, first name, address, date of birth, place of birth).

6.2 Payment of funds

Subject to validation of their identity by the payment provider, the Private Seller will be able to transfer the funds to their bank account.

If the private Seller wishes to transfer the amount of their transaction to their bank account, they can request at any time a transfer to their bank account of the sums in their wallet. Only the total amount in the wallet can be transferred. The wallet cannot be partially transferred to the Seller’s account.

The transfer request is made from the wallet section of the User account by clicking on “Transfer to my bank account”. The transfer will be made in accordance with banking timescales (usually between 3 and 8 days), provided that the identity verification is confirmed by the payment provider.

The funds must be transferred within 12 months of being received in the Seller’s Wallet. Failing this, account maintenance fees may be charged.

7. Service fees

Purchase from a private Seller

• Buyer Protection - In return for the use of the Secure Payment Service and the protection it gives the Buyer, Buyers must pay Service Fees, when completing their online purchase, which are added to the purchase price of the item agreed with the Seller. The total amount of these Service fees will be shown to the Buyer on Troc Vélo before online payment of the transaction and is €0.99 + 4% of the purchase price of the item agreed between the Buyer and the Seller (excluding shipping costs).
• Seller commission – No commission is charged to the private Seller

Purchase from professional Sellers

• Buyer protection = In return for the use of the Secure Payment Service and the protection it gives the Buyer, Buyers must pay Service Fees, when completing their online purchase, which are added to the purchase price of the item agreed with the Seller. The total amount of these Service fees will be shown to the Buyer on Troc Vélo before online payment of the transaction and is €0.99 + 4% of the purchase price of the item agreed between the Buyer and the Seller (excluding shipping costs).
• Professional Seller commission – In return for the Service, professional Sellers benefit from free publication of listings and a commission will be deducted from their actual sales. The amount of this commission is €0.99 + 7% of the purchase price of the item agreed between the Buyer and the Seller (excluding shipping costs). A professional Seller who wishes to use the secure payment service undertakes not to misuse the normal use of the service by suggesting that the Buyer use other payment methods.
  

Professional advertisers are strictly prohibited from including contact details or links to external sites in their listings and from using any means of communication with Buyers other than Troc Vélo messaging, in particular in order to avoid paying the applicable commission or to solicit Troc Vélo Users commercially.
Failure to comply with this rule may result in sanctions, such as suspension of the Seller’s account..

8. Converting the wallet into a gift card

TROC VELO offers a secure wallet system into which the Seller can receive the proceeds of their sales using the secure payment services provided by Stripe. In this context, they can choose either to keep the amount of their transactions in their wallet or to have it paid directly into their bank account.

The Seller can convert all or part of the amount credited to their wallet to obtain an ALLTRICKS gift card (hereinafter the “ALLTRICKS Gift Card” or “Gift Card”). The ALLTRICKS Gift Card is valid only for products sold and shipped by ALLTRICKS, excluding products sold by partner sellers (Marketplace).

Converting all or part of the amount in the electronic wallet into an ALLTRICKS Gift Card is reserved for Private Advertisers who are members of the Club Alltricks loyalty programme at the time of the conversion request. This option is not available to Professional Advertisers. If the person is not, or ceases to be, a member of Club Alltricks, TROC VELO may refuse to convert the wallet into an ALLTRICKS Gift Card.

Amount and top-up of the Gift Card

A customer converting all or part of the sums in their electronic wallet into an ALLTRICKS Gift Card benefits from a top-up of that sum equal to five per cent (5%) of the total sum converted.

The top-up rate may be changed at any time and at TROC VELO’s discretion. The top-up rate applied is the one set out in these general terms at the time the wallet is converted into an ALLTRICKS Gift Card.

Validity of the ALLTRICKS Gift Card

The Gift Card is valid for twelve (12) months from its activation. Every Gift Card can be used as soon as it is activated; the activation date is the date on which all or part of the wallet is converted into an ALLTRICKS Gift Card.

Once this period has elapsed, the Gift Card can no longer be used, and the balance remaining on the Gift Card cannot be refunded. The ALLTRICKS Gift Card cannot be topped up or exchanged; it cannot be transferred or resold. It cannot give rise to any financial consideration.

Use of the Gift Card

The ALLTRICKS Gift Card is not a credit card; it can be used as a means of payment, in one or more instalments, during its validity period, to pay, using the available balance, all or part of the amount of purchases made on the ALLTRICKS website or in one of ALLTRICKS’ stores.

Article 12: DISPUTES AND GOVERNING LAW - MEDIATION

These general terms are governed by French law. In the event of difficulties, the User will first contact Troc Vélo with a view to seeking an amicable solution before any litigation before the competent courts.
Amicable resolution. In the event of a dispute with a professional, the User may, before any mediation and any legal action, seek an amicable solution, in particular with the help of a professional trade association, a consumer association, the European online dispute resolution service (https://ec.europa.eu/consumers/odr) or any other adviser of their choice.
Failing an amicable solution, the User may refer the matter, free of charge, to the CM2C Mediator (Centre de la Médiation de la Consommation de Conciliateurs de justice) 14, rue Saint Jean – 75017 Paris, see the website https://cm2c.net/.
Any dispute that cannot be resolved amicably will fall within the jurisdiction of the courts of the place where the User resided at the time the contract was concluded or when the harmful event occurred.
Consumer rights. The Buyer is invited to exercise their rights directly against the professional Seller: Your rights and obligations on Troc Vélo

Find us on the Google Play Store and the Apple Store