Terms of sale

Le site Internet SecondChoice - Tecnifibre (hereinafter collectively and interchangeably referred to as the "Site") is published and hosted by NOPLI, a simplified joint-stock company (Société par Actions Simplifiée) with a share capital of 4,147.23 Euros, whose registered office is located at 99, rue de Charonne, 75011 Paris, registered with the Paris Trade and Companies Register under number 920 163 243, and whose intra-community VAT number is FR12920163243 ("Nopli").

Nopli may be contacted at the following details, in particular for any complaint:
Postal address: 99, rue de Charonne 75011 Paris or by email at help@nopli.eu

Preamble

These general terms and conditions (the "General Terms") are concluded between Nopli SAS, Tecnifibre SAS and any adult natural person ("You" or the "User(s)") accessing the Site.

These General Terms exclusively govern your relationship with Nopli and Tecnifibre SAS.

The Tecnifibre brand is a registered trademark.

They aim in particular to define the conditions under which you may:

• access and browse the Site;
• sell Products on the Site by publishing offers for sale (the “Listings”);
• purchase Products on the Site;

By browsing the Site, Users acknowledge that they have read and fully and unreservedly accepted the General Terms.

Nopli reserves the right to modify the General Terms at any time. They shall then apply as soon as they are published online. In this respect, Users are invited to consult the General Terms regularly.

Nopli acts as an intermediary in the context of transactions carried out between Sellers and Buyers and as a hosting provider with respect to Content published on the Site by Users.

ARTICLE 1 – DEFINITIONS

General Terms: see definition given in the Preamble;

Site: see definition given in the Preamble;

Buyer(s): person having legal capacity to contract, wishing to acquire one or more Product(s) on the Site as a private individual, that is to say for non-commercial and non-professional purposes;

Nopli: Nopli, as defined in the Preamble, offers Users the services described in these General Terms. In this capacity, Nopli acts as an intermediary in transactions carried out between Sellers and Buyers and has the status of hosting provider with regard to Content published on the Site by Users.

Tecnifibre SAS: Tecnifibre SAS, as Nopli’s partner, acts as owner of the partner brand Tecnifibre by providing its image, name, catalogue and media and by committing to top up and accept on its website the sellers’ vouchers. As a brand partner, Tecnifibre SAS also has the ability to sell Tecnifibre brand products on the Site.

Seller(s): means: (i) any person having legal capacity to contract, wishing to offer one or more Product(s) for sale on the Site as a private individual, that is to say for non-commercial and non-professional purposes; or (ii) Tecnifibre S.A.S.;

User(s): see definition given in the Preamble;

Content(s): any element published on the Site, by email or via Messaging, in particular Products, Listings, Reviews and messages;

Listing(s): see definition given in the Preamble;

Product(s): Tecnifibre brand items offered for sale by Sellers on the Site, under the General Terms;

Product Photo(s): any visual published by a Seller at the time of creating the Listing in order to faithfully represent the Product in its current condition;

Sale: All actions leading to a transaction between a Buyer and a Seller for one or more Products offered on the Site.

Shipping Fees: Fees relating to the transport of a sold Product.

Nopli Protection: Fees relating to the proper functioning of the site and the protection of Buyers.

Payout Option: Payment method chosen by Sellers within the framework of the Services in order to be remunerated.

Gift Card: Seller payout option following a sale consisting of a prepaid gift card usable on the website tecnifibre.com for a predefined amount.

Top-up: Additional amount added to the Sale amount by Tecnifibre SAS when the Gift Card payout option is chosen.

Bank Transfer: Seller payout option following a sale consisting of a bank transfer for a predefined amount to the Seller’s bank account.

ARTICLE 2 - ACCESS TO THE SITE AND USE

The Site is open to any internet or mobile user meeting the conditions set out in the Preamble, subject to having an Internet connection.

Access to Listings offered on the Site is free. A simple visitor may consult published Listings without registering on the Site.

By accessing or using the Site, the User declares and warrants:

being at least 18 years old;
having legal capacity to buy and sell;
accepting these General Terms and all contractual documents;
being fully responsible for transactions carried out.

When publishing a Listing or carrying out a Sale, Users must provide all personal information necessary for the proper completion of the transaction.

The User guarantees that all information provided is accurate, up to date and genuine and is not misleading in any way.

The User undertakes to update this information by email or by any means offered by Nopli in the event of any change, in particular in the event of a change of postal address, so that it always complies with the above criteria.

The User is informed and accepts that the information entered constitutes proof of identity. The information entered binds the User upon validation.

The User undertakes that the personal information provided is their own and not to allow any third party to use it in their place or on their behalf, failing which they shall bear full responsibility.

The User must immediately contact Nopli if they notice that their personal information has been used without their knowledge. They acknowledge Nopli’s right to take any appropriate measures in such a case.

ARTICLE 3 - OPERATION OF THE SITE

Users have access to the following Services, in a form and according to the functionalities and technical means that Nopli deems most appropriate.

3.1 Sale of items

Only authentic Tecnifibre brand Products may be offered for Sale on the Site. The sale of counterfeit products is prohibited.

3.1.1 Listing and creation of Listings

Offering a Product for sale on the Site requires the creation of a Listing. The same User may offer an unlimited number of Products for sale free of charge. However, it is prohibited to list the same Product multiple times. The Seller undertakes to remove without delay from the Site any Listing relating to a Product that has become unavailable.

Sellers may create a Listing using a form enabling them to present the characteristics of the Products they offer for Sale. Sellers undertake to describe the Product as explicitly and precisely as possible using the form and to comply with all requirements of the form.

Sellers may add various content to their Listings, in particular texts and photographs (the “Content”).

Nopli advises Users to include several photographs of the Product sold in each Listing so that the Buyer can view the Product in its entirety. Users are also advised to show any defects in the photographs of the Product offered for sale. The Seller who listed the Product may withdraw, complete or modify the Listing at any time, until a Buyer expresses their intention to purchase the Product.

It is at the time of listing the Product that the Seller chooses the Payout Option for the amount of the sale: Gift Card or Bank Transfer.

3.1.2 Moderation and publication of Listings

All Listings posted on the Site will be checked and completed by Nopli before being published. In addition, post-publication moderation may be carried out in order to delete and/or suspend Listings that do not comply with the rules specified in the general terms and conditions.

Any Listing concerning a Product that does not meet moderation requirements will be immediately removed. Nopli also reserves the right to request that the User provide additional information or Content so that their Listing may be published.

3.1.3. Validation / Cancellation of the Sale

When a Buyer has ordered one or more Product(s), the Seller receives an order notification by email informing them that they have five (5) days from receipt of the email to ship the order.

If the Seller fails to send and/or deliver the Products according to the chosen delivery method within the 5-day period, the Sale will be cancelled. Nopli reserves the right to delete all Listings of a Seller whose order cancellation rate is abnormally high.

If the Seller has chosen bank transfer as the Payout Option, they must also undergo an identity verification process and create an account with the payment provider chosen by Nopli.

3.2 Purchase of items
3.2.1 Placing and validating orders

Any order constitutes express and irrevocable acceptance of the prices indicated and of the descriptions of the Products appearing in the Listings.

The Buyer declares having read and accepted these General Terms of Use prior to placing their order.

Online payment is secured by STRIPE, an authorised payment provider.

Service Fees may apply to the order. They cover the Internet management costs of the Site as well as costs relating to buyer protection (cf. Nopli Protection).

Shipping Fees are borne by the Buyer.

Upon validation of the payment step, the Buyer will be debited for the amount corresponding to their order on the same day.

From the final acceptance click, the order is considered irrevocable.

Upon completion and payment of the order, the Buyer will receive a confirmation email indicating the order number and its amount. The email will also remind the Buyer that the order must be shipped by the Seller within 5 days, failing which the Buyer may be refunded upon request.

When the Buyer collects the parcel, they must validate their order so that the Seller may receive the sale amount. By default, any order will be automatically validated 72 hours after receipt.

If the Buyer does not report any incident within the aforementioned timeframe, the transaction will be considered completed and confirmed. Otherwise, amicable solutions may be considered between buyer and seller through Nopli depending on the circumstances.

If the Buyer fails to collect the parcel within the required time, Service Fees and transport costs will be charged to the Buyer.

If the parcel is not collected by the Buyer and is returned by the carrier and then lost, no refund may be granted.

3.2.2 Order cancellation and refund

i. In the case of a sale between private individuals

In the context of sales between private individuals, no provisions of consumer law relating to the right of withdrawal apply.

If the Product does not suit the Buyer, they may not request cancellation or refund of their order. However, if they notice a lack of conformity between the Product received and the Listing, the Buyer may suspend the Transaction by declaring a problem to the Seller through Nopli.

The Buyer may declare a problem through Nopli within 72 hours from the date of collection (delivery) of the parcel. After this period, the Transaction is automatically validated.

Once the problem has been declared, the sale is suspended until an agreement is reached between the two parties through Nopli. Any dispute arising between Users on the Site relating to Product conformity will be managed, arbitrated or conciliated by Nopli.

Nopli acts as an intermediary to facilitate dispute resolution between Buyers and Sellers. In the event of failure, Users retain the right to refer the matter to the competent courts.

ii. In the case of a sale between a professional and a private individual

Pursuant to Article L. 221-1 of the French Consumer Code, the Buyer does not benefit from any right of withdrawal when purchasing an Item from a non-professional Seller. The Buyer (acting as a consumer) is protected by consumer law when purchasing an Item from a professional Seller and may refer the matter to the court of their choice and request application of the consumer protection rules of their country. The professional Seller must apply the national law of the Buyer with regard to consumer protection provisions.

Pursuant to Article L 121-21 of the Consumer Code, Buyers are informed that they have a period of 14 calendar days from the date of receipt of the ordered Products to exercise their right of withdrawal, without penalty and without reason, except for return costs, with the professional Seller.

For this purpose, the professional Seller expressly acknowledges that they are solely responsible for complying with their information obligations towards Buyers regarding the conditions, time limit and procedures for exercising this right, as well as for providing Buyers with a withdrawal form.

4 - INTERACTION WITH STRIPE’S TERMS AND CONDITIONS

Users are expressly informed and accept that all payments made through the Site are managed by Stripe Payments Europe, Ltd., registered C/O A & L Goodbody, Ifsc, North Wall Quay, Dublin, D01 H104, Ireland under number DUNS 985 429 235 (“Stripe”).

Users contract directly with Stripe for the implementation of these payments by accepting Stripe’s general terms and conditions by means of a checkbox when registering on the Site.

If Stripe refuses or terminates the User’s registration, the User may not (or may no longer) use Nopli’s Services.

Conversely, termination of the contractual relationship between the User and Nopli results in termination of the User’s contract with Stripe.

Within the framework of the Services, Users transmit to Stripe all their payment instructions through their Personal Account. Consequently, Users expressly authorise Nopli to transmit said instructions to Stripe, in their name and on their behalf.

ARTICLE 5 - DELIVERY OF PRODUCTS

Products are delivered to the delivery address indicated by the Buyers.

The Seller undertakes to send the parcel and to do everything possible so that the Buyer receives it in accordance with the delivery method chosen by the Buyer. From the order date, the Seller has five (5) days to drop off the parcel at a pick-up point or post office. The Seller undertakes to use the transport label provided by Nopli and to package the Product in accordance with the carrier’s requirements and in a manner ensuring the protection of the Product.

The Seller remains the owner of the Products until receipt by the Buyer. The Seller remains responsible for any loss, damage or deterioration occurring during delivery, until proper receipt by the Buyer.

Use of the Nopli shipping label for sending Products is mandatory and conditions coverage of any disputes or losses.

In the event of complaints relating to the Products and their delivery, Buyers undertake to contact Sellers directly through Nopli within 72 hours following receipt of the order.

If the item does not correspond to the description made by the Seller (wrong size, defect, stain not visible in photos, etc.), return costs are free and a partial or full refund may be made.

ARTICLE 6 - SELLER PAYOUT TERMS

The sale amount may be paid by transfer directly to the Seller’s bank account (by providing their RIB/IBAN).

However, direct payment will only be possible after completion of STRIPE’s identity verification process.

Your IBAN and identity documents are not accessible by Nopli. This information is transmitted directly and securely to STRIPE. This information is recorded by STRIPE in order to transfer the amount of your electronic wallet to your bank account.

ARTICLE 7 - FINANCIAL TERMS

Use of the Site and the Listing creation and management Services is provided free of charge.

7.1 Commission

If the Seller chooses the Gift Card option, no commission on the Sale will be deducted.

If the Seller chooses the Bank Transfer option, in consideration for bringing Sellers and Buyers together, a commission of 15% of the sale price (the “Commission”) is due by the Sellers to Nopli.

Nopli reserves the right, at its sole discretion and under terms it alone determines, to offer promotional offers or reductions on its Commission.

The Commission is calculated on the price paid by Buyers excluding shipping and service fees and is deducted directly at the time of payment of the sale.

Nopli will invoice the Commission to Sellers by any appropriate means.

Nopli’s Commission is paid directly via STRIPE at the time of payment of the transaction.

The percentage of the Commission may be revised at any time on a non-retroactive basis for Listings already published, and Users will be informed.

ARTICLE 8 - PERSONAL DATA

Nopli collects and processes personal data under the conditions provided for in the Privacy Policy.

ARTICLE 9 - USER OBLIGATIONS

Users undertake, in their use of the Services, to comply with applicable laws and regulations and not to infringe the rights of third parties or public order.

Users are responsible for complying with their tax and social obligations relating to transactions carried out between them (applicable tax and social regimes, declaration obligations). These obligations and the related penalties are listed on the following websites:

• www.impots.gouv.fr
• www.impots.gouv.fr/portail/node/10841
• www.securite-sociale.fr

Users acknowledge having read on the Site the characteristics and constraints, in particular technical ones, of all the Services.

Users are solely responsible for their use of the Services and in particular for the relationships they may establish between themselves and for the information they communicate to each other within the framework of the Services, Nopli intervening only to connect them.

Users undertake to use the Services strictly for personal purposes. They therefore refrain from assigning, transferring or granting all or part of their rights or obligations hereunder to a third party in any manner whatsoever.

Users undertake to provide Nopli or other Users, within the framework of the Services, only information or data of any kind that is accurate, up to date and genuine and not misleading. They undertake to update this information so that it always complies with the above criteria.

They undertake to provide Nopli with all information necessary for the proper performance of the Services and, more generally, to actively cooperate with Nopli for the proper execution of these terms.

ARTICLE 10 - PROHIBITED BEHAVIOUR

It is strictly prohibited to use the Services for the following purposes:

• carrying out illegal or fraudulent activities or infringing the rights or safety of third parties,
• breaching public order or violating applicable laws and regulations,
• intruding into a third party’s IT system or carrying out any activity likely to harm, control, interfere with, or intercept all or part of a third party’s IT system, or to violate its integrity or security,
• sending unsolicited emails and/or commercial prospecting or solicitation,
• manipulations intended to improve the ranking of a third-party site,
• collecting and aggregating any information present on the Site without express authorisation from Nopli,
  assisting or inciting, in any form whatsoever, one or more of the acts and activities described above,
  and more generally any practice diverting the Services from the purposes for which they were designed.

Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies or any other element of the Site.

Also strictly prohibited are: (i) any behaviour likely to interrupt, suspend, slow down or prevent continuity of the Services, (ii) any intrusion or attempted intrusion into Nopli’s systems, (iii) any misappropriation of the Site’s system resources, (iv) any action likely to impose a disproportionate load on its infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to harm the financial, commercial or moral rights and interests of Nopli or users of its Site, and more generally (vii) any breach of these general terms. (viii) It is strictly prohibited to monetise, sell or grant all or part of access to the Services or the Site, as well as to the information hosted and/or shared therein.

ARTICLE 11 - NOPLI’S OBLIGATIONS

Nopli undertakes to provide the Services with due care and in accordance with professional standards, it being specified that it is subject to a best-efforts obligation, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.

Content harmful to a third party may be notified to Nopli in accordance with Article 6 I 5 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Nopli reserving the right to take any measures it deems necessary.

Nopli acts as a broker in that it provides Sellers and Buyers with a platform, as well as tools and technical means enabling them to connect for the purpose of buying and/or selling Products through the Site. Its responsibility is limited to providing these means, as described herein.

Nopli does not guarantee completion of transactions or proper performance of contracts concluded between Buyers and Sellers. It does not offer Sellers any guarantee in terms of market opportunities or customer volume, nor is it liable to Sellers for any guarantee as to the number and diversity of Products offered for sale.

Nopli is not a party to contracts concluded between Sellers and Buyers and may not under any circumstances be held liable for difficulties arising in the conclusion or performance of such contracts.

Nopli does not physically possess Products sold through the Site. It therefore provides no guarantee regarding (i) compliance of Offers with applicable laws and regulations, (ii) conformity of Products, their packaging and/or labelling with legal and regulatory provisions, (iii) conformity of Product delivery with contractual stipulations and the existence of possible hidden defects, (iv) risks relating to transport, storage, preservation and delivery of Products, or (v) compliance with hygiene and maintenance rules, particularly regarding distribution locations.

Nopli disclaims any liability in the event of loss of information accessible in Users’ Personal Accounts, Users being responsible for keeping a copy and not being entitled to any compensation in this respect.

Nopli undertakes to carry out regular checks to verify the functioning and accessibility of the Site. In this respect, Nopli reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, Nopli may not be held liable for temporary difficulties or impossibility of accessing the Site resulting from circumstances beyond its control, force majeure, or disruptions in telecommunications networks.

Nopli does not guarantee to Users that (i) the Services, which are subject to constant research to improve performance and progress, will be completely free of errors, defects or faults, (ii) the Services, being standard and not offered solely for a given User according to their personal constraints, will specifically meet their needs and expectations.

In any event, Nopli’s liability under these terms is expressly limited to proven direct damages suffered by Users.

At any time and for any reason, Nopli reserves the right to terminate the Services offered by the Site.

Article 12 - INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and content of any nature (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Nopli within the Site are protected by all applicable intellectual property rights or database producer rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally any act of reproduction, representation, distribution or use of any of these elements, in whole or in part, without Nopli’s authorisation is strictly prohibited and may give rise to legal proceedings.

ARTICLE 13 – FORCE MAJEURE

Nopli may not be held liable for failure to perform any of its obligations under these General Terms if such failure results from an event of force majeure, as defined by Article 1218 of the French Civil Code and French case law.

Events of force majeure include in particular, without limitation:

• natural disasters, fires, floods, storms, lightning, epidemics or pandemics,
• acts of war, terrorism, riots, civil unrest or strikes, total or partial, internal or external to Nopli,
• blockage of transport or supply means,
  interruptions or disruptions of electronic communication networks,
• decisions or restrictions by public authorities.

In the event of such an occurrence, performance of Nopli’s obligations shall be suspended for the duration of the force majeure event, without Nopli being held liable in this respect.

If the force majeure event continues for more than thirty (30) consecutive days, either party may terminate the contract automatically, without compensation, by written notification to the other party.