Applicable from 07.03.2024

The site Archers Market is a web platform, accessible at the address archersmarket.com (the platform'). This site is published by BLProd, a company with its head office at 17 rue Jules Ferry 25600 NOMMAY and registered in the Belfort trade and companies register under the identification number 839929510, (hereinafter 'the Publisher').

The platform Archers Market is accessible to users (the 'Users'). The platform Archers Market is hosted by IONOS SARL, whose head office is located at 7, place de la Gare BP 70109 57200 Sarreguemines Cedex. This host can be contacted from their company website.

The purpose of these General Conditions of Use (the 'Conditions' or taken as a whole, the 'Contract') is to define the terms and conditions governing the relations between Users and the Platform, as well as the conditions under which the User is authorized to use the Platform.

In the event of non-compliance with the terms of these Conditions, the Publisher reserves the right to take any measure likely to preserve its interests and in particular to ensure their execution. The User undertakes during each of his visits to the Platform to respect all of these Conditions without any reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Platform on behalf of a company or any other legal entity, he is nevertheless personally bound by this Agreement.

SUMMARY:

ARTICLE 1: DESCRIPTION OF THE PLATFORM

ARTICLE 2: ACCESS TO THE PLATFORM

ARTICLE 3: MANAGEMENT OF THE PLATFORM

ARTICLE 4: REPORTING

ARTICLE 5: USE OF THE PLATFORM SERVICES

ARTICLE 6: COMPLETION OF A TRANSACTION

ARTICLE 7: INTELLECTUAL PROPERTY

ARTICLE 8: PERSONAL DATA

ARTICLE 9: AVAILABILITY OF THE SITE ARCHERS MARKET

ARTICLE 10: RESPONSIBILITY

ARTICLE 11: VALIDITY OF DIGITAL EVIDENCE

ARTICLE 12: INDIVISIBILITY

ARTICLE 13: APPLICABLE LAW – CLAIMS

ARTICLE 14: DURATION AND MODIFICATION OF THE CONDITIONS

ARTICLE 1: DESCRIPTION OF THE PLATFORM

The Platform offers a connection service (hereinafter the 'Service') between Buyers and Sellers (hereinafter the 'Users') of products and accessories related to archery. Buyers and Sellers can be individuals or professionals. The Platform thus allows Sellers to broadcast their sales announcements (presentation of the products they offer and their prices) and Customers to purchase products online under the conditions defined by the Sellers. The Platform does not guarantee the supply of the product being sold, nor the quality of this product, acting as platform operator and technical intermediary.

The Publisher grants Users a revocable, non-exclusive, non-transferable limited right of access to the Service on a strictly personal basis. Any use of the Platform contrary to its purpose is strictly prohibited.

ARTICLE 2: ACCESS TO THE PLATFORM

To be eligible for the Service, the User may be a natural or legal person. The platform Archers Market reserves the right to suspend or refuse access to one or more Users in the event of non-compliance with the conditions of use.

ARTICLE 3: MANAGEMENT OF THE PLATFORM

Archers Market implements technical solutions to allow continuous access to the Platform. However, access may be limited or suspended for maintenance or other reasons necessary for proper operation. Use of the Platform requires a connection and an internet browser.

ARTICLE 4: REPORTING

User can contact Archers Market to report any inappropriate behavior or content via the email contact@archersmarket.com.

ARTICLE 5: USE OF THE PLATFORM SERVICES

5.1. Geographic area

The online sale of products offered on the Platform is exclusively reserved for Buyers and Sellers domiciled in mainland France, Belgium, Luxembourg, Germany, Switzerland, Austria, Spain, Portugal, Italy, Netherlands for internal deliveries respectively to each country.

5.2. User Obligations

Users undertake not to:

1. Transmit, publish, or distribute illegal content via the Platform.
2. Disseminate defamatory, abusive, obscene, offensive, inciting violence or discriminatory information or content.
3. Create links to content external to the Platform without the consent of Archers Market.
4. Use the Platform to offer a competing service.
5. Marketing information or content from the Platform without authorization.
6. Attempt to decompile or obtain the source code of the Platform tools.
7. Use automated means to access or extract data from the Platform.
8. Compromise the IT security of the Platform.
9. Counterfeit or use the trademarks, logos and products of Archers Market without authorization.
10. Simulate the appearance or operation of the Platform.
11. Disrupt the Platform or transmit viruses.

Violations may result in civil and criminal prosecution.

5.3. User Accounts

Access to certain features is reserved for Users who have created an account. The information provided during registration must be accurate. Communication by email is considered read by the User.

5.4. Obligations of Sellers/Buyers

    Putting a product on sale:

• The Seller must ensure that any product offered for sale corresponds to an available material good of which he has full and complete ownership.
• The products offered must be in suitable condition.
• The Seller must inform Buyers of the essential characteristics of the product.
• It is responsible for the description of the products it offers and guarantees the Platform against any claim relating to this description.
• It is prohibited to publish links directing users of the Platform to external content.
• The sales price of the products is set under the responsibility of the Seller.
• The Seller must keep its inventory up to date.
• Professional stores and sellers must provide Archers Market any proof of their professional activity on request.

    Sales prohibitions:

• The products offered must comply with public order, good morals, the law in force in France, as well as the rights of third parties and must not offend the sensibilities of minors.
• The Platform may request proof of purchase or additional photographs to confirm ownership of the product.
• The Platform reserves the right to delete any advertisement that does not comply with these General Conditions of Use.

    Modifications to PRODUCT sheets:

• The Platform may request the modification or deletion of an offer if it is incorrectly categorized or does not correspond to the product sold.
• The photos of the products published must be taken by the Seller.

    Request for additional information from a Buyer:

• If there is interest in a product, the Seller will receive a request for additional information by email.
• The Seller undertakes not to offer direct sales to the Buyer outside the Platform.

    Buyer Information:

• The Buyer must rely on the description of the product made by the Seller on the Platform.
• The sales contract is subject to the condition that the product is available. If the product is not available, the contract is automatically terminated.

5.5. Income declaration

Gains made through sales may be subject to taxation according to applicable tax rules, with necessary declarations to the tax authorities. For individuals selling personal items that they no longer use, this income generally remains non-taxable, with the exception of two specific situations:

• Transactions involving precious metals, or sales exceeding €5 involving jewelry, works of art, collectibles, or antiques;
• Cases where the individual acquires or produces goods with the express purpose of selling them.

In these circumstances, profits must be included in the annual income tax return to be taxed. As for sellers acting in a professional context, such as companies using the platform to resell products, they must report all of their sales income to the tax services, including for the purposes of declaring the VAT collected.

ARTICLE 6: COMPLETION OF A TRANSACTION

6.1 Using the Tripartie application

Users wishing to purchase or sell a property via the platform agree to use the Tripartie solution, accessible from each ad page via a secure payment button. The Tripartie application allows you to manage payment, hand delivery or delivery, and supports users in the event of a complaint or user dispute.

6.2 Personal data – Information for sellers

In order to receive purchase offers from users, the sellers' email addresses will be communicated by Archers Market to the Tripartie company. Users have the right to access and modify their personal data from the company Tripartie (see the privacy policy Tripartite).

6.3 Acceptance of the Tripartite CGU

Users wishing to carry out a transaction agree to accept the general conditions of the Tripartie application (see the Tripartite CGU). In case of contradiction with these conditions of the platform Archers Market, the Tripartite T&Cs prevail.

ARTICLE 7: INTELLECTUAL PROPERTY

All content of the site, including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others, is the property ofArchers Market, the sole holder of the related intellectual property rights. Any reproduction, representation or exploitation, partial or total, of the contents and services offered by Archers Market, by any means whatsoever, without the prior written authorization ofArchers Market, is strictly prohibited and could result in legal action.

ARTICLE 8: PERSONAL DATA

The seller undertakes not to disclose to third parties the information provided by users, which remains confidential. They will only be used for order processing and internal communication. Your email address will be sent to Archers Market, our partner responsible for securing transactions, in order to activate the “Secure Payment” option.

Archers Market reserves the right to place cookies on your computer during your visits to the site.Archers Market. A cookie does not identify you but aims to signal your previous visits to the site to personalize the service offered.

Under the Data Protection Act of January 6, 1978, you have the right to access, modify and oppose personal data concerning you. To exercise these rights, simply send a request by email to Archers Market, indicating your last name, first name and address.

ARTICLE 9: AVAILABILITY OF THE SITE ARCHERS MARKET

Archers Market does not guarantee uninterrupted access to the site in the event of technical problems related to the Internet or telephone connections. Access speeds to the site from other regions are also not guaranteed. Archers Market may interrupt the service for maintenance, informing users via a notification on the site. In the event of unavailability due to internal technical problems or those of its suppliers, Archers Market will endeavor to resolve these issues promptly. The responsibility ofArchers Market will not be liable in the event of unavailability due to force majeure or the loss of stored content. Users are recommended to keep a personal copy of their published content.

ARTICLE 10: RESPONSIBILITY

Data posted by users may be accessible to others. Archers Market does not guarantee the protection of this data, it is the responsibility of each user to secure their own data. Archers Market does not ensure flawless operation of the service and is not responsible for interruptions due to maintenance or technical updates. The responsibility ofArchers Market does not cover indirect damage suffered by users or third parties. As an intermediary, Archers Market is not responsible for illegal actions of sellers or problems during the fulfillment of an order by a seller.

ARTICLE 11: VALIDITY OF DIGITAL EVIDENCE

Electronic data and files held by Archers Market are considered valid between the parties, unless proven by manifest error. Archers Market may use them as evidence in any legal proceedings.

ARTICLE 12: INDIVISIBILITY

If any provision of these conditions is found to be illegal or unenforceable, this will not affect the validity of the remaining provisions.

ARTICLE 13: APPLICABLE LAW – CLAIMS

The conditions of use are governed by French law. In the event of a dispute, the French courts will have jurisdiction. Merchants will be subject to the courts of the head office ofArchers Market. Consumers can resort to mediation for an amicable settlement. Archers Market does not participate in the resolution of disputes between buyers and sellers, but can intervene as a mediator if requested by the buyer.

ARTICLE 14: DURATION AND MODIFICATION OF THE CONDITIONS

These conditions apply for an indefinite period from the use of the services ofArchers Market. Archers Market may modify these conditions at any time, by informing users by email. Changes take effect immediately for new visitors. Users objecting to the changes may close their account.