General Terms and Conditions

Subject matter

• These general terms and conditions of sale govern the contractual relationship between a Buyer and a Seller, resulting from the purchase of a Product on the Platform.
• Bits is an online hosting service acting as an intermediary that gives users the possibility to participate in the exchange and/or sale and/or purchase of items, to attend live auctions and to communicate by sending private messages or through the forum.
• Bits only offers services that facilitate transactions between users. Therefore, Bits is not a party to any transaction between users and does not buy, sell or trade any of the items presented on the site.
• The Bits platform is managed by the company ADOPTMARKET S.A.S., a simplified joint stock company whose registered office is located at 7 place de l'Hôtel de Ville, 93600, Aulany-sous-bois and registered in the Bobigny Trade and Companies Register under number 881 717 342.

Definitions

Whenever in this Agreement the following words are written with a capital letter, they shall have the following meaning:

• Platform: means the JoinBits website, as well as mobile applications of the Bits platform downloaded to smartphones or tablets.
• GTC: means these general terms and conditions of sale which govern the relationship between Buyers and Sellers.
• User: means any user of the Platform, whether a Buyer, Professional Seller or Individual Seller.
• Buyer: refers to any natural person of legal age who has the capacity to perform legal acts as well as any legal person under private law who is not acting for professional purposes, who holds a customer account.
• Professional Seller: means any user who adds one or more items to the corresponding Catalog of the Site as part of his professional activity. Professional Users and Professional Sellers can be individual companies or non-profit organizations (associations as defined by the law of July 1, 1901), duly registered in France, as described in the Professional Seller Guide which contains an overview of their legal rights and obligations. Professional Sellers are identified on the Site by the word "Professional" displayed next to their name.
• Individual Seller: means any User who adds one or more Items to the corresponding Site Catalog.
• Items: means goods/items whose commercialization is not prohibited under the applicable national law, and which are added by the User on the corresponding Site Catalog, for the purpose of selling, exchanging, or giving them away.
• Catalog: means the electronic catalog in which Items of the same type are listed, it being understood that all Users must comply with the Catalog rules set up by ADOPTMARKET.
• Customer Account: means the registration of the User on the Site; the account created contains personal data.
  
• Seller Account: means the registration of the User as a Seller, professional or individual, on the Platform; the account created contains personal data, which vary depending on the nature of the Seller (Professional or Individual).
• Wallet: means the virtual wallet made available to the User by Bits, on which the User can deposit money that can be used to pay for future purchases on the Platform and to receive the proceeds of future sales on the Platform.
• Product Sheet: means the description of a Product, which includes at least the price including VAT expressed in euros, a description of the essential characteristics of the Product including in particular and the condition of the Product.
• Live Sale: shall mean the holding of a live sale, via the video broadcast service offered by the Platform, during which a seller offers one or more items for sale to connected users.
• Transaction: means any transaction that transfers ownership and/or the right to use an Item, from one User to another, including but not limited to, the sale contract concluded directly between the Buyer and the Seller, or the exchange, or any other transaction carried out between Users.
• Integrated Payment Service: refers to the online payment service for the Items, accessible to the Buyer on the Site, the payment services being performed by ADOPTMARKET's partner, STRIPE FRANCE, SARL with a capital of €1,000, whose registered office is located at 10 Boulevard Haussmann 75009 PARIS 9 and registered with the RCS of Paris under the number 807 572 011.
  

Scope of application, acceptance and modifications of the GTC.

• The purpose of the GTC is to govern the contractual relationship between the Buyer and the Seller, whether professional or private, resulting from the sale of a Product on the Platform.
• The GTC must be accepted, without reservation, by each Buyer before any purchase of Product. The Buyer takes care to read the GTC, to accept them and to save them on a durable medium so that he can refer to them if necessary. The refusal of the GTC during an order prevents the Buyer from being able to finalize his order.
• The GTC are likely to evolve. The Buyer is therefore invited to be vigilant when reading and accepting the GTC at each order, as the GTC may have evolved between two successive orders. In addition, all versions of the GTC are permanently accessible on the Site.
  

General behaviour of Users.

• The User declares and acknowledges that all information, data, texts, messages or any other content that it publishes on the Platform (hereinafter "Contributions") are under its sole responsibility.
• The User agrees not to publish Contributions contrary to the laws and regulations in force.
• In particular, the User agrees not to :
  • disseminate information contrary to public order or morality,
  • divert the purpose of the Platform and / or Services to make propaganda or proselytizing, prospecting or soliciting,
  • to publish information of a commercial or advertising nature or constituting propaganda for tobacco, alcohol or any other substance, product or regulated service,
  • to disseminate Contributions infringing the personality rights of third parties or presenting a defamatory, insulting, obscene, pornographic, offensive, violent or inciting to discrimination, political violence, racism, xenophobia, sexism or homophobia,
  • to publish information that contravenes the legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their surname, postal and/or electronic address, telephone, photograph, sound or audiovisual recording, or to collect and store personal data relating to other Users
  • fraudulently access the Platform and the Services, as indicated in the General Terms of Use of the Platform,
  • transmit any message containing computer viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications tool
  • to harass in any way another or several other Users
  • to provide information referring to other sites (whether by the creation of hyperlinks or by the simple provision of information) whose content would be likely to contravene any law or regulation in force, and in particular would be likely to infringe the rights of persons and goods and/or intellectual property rights.
  
• The User shall refrain from making threatening, insulting, defamatory or disrespectful remarks towards Bits and/or its employees and/or the Sellers.
• The User also refrains from infringing on the intellectual property rights of third parties. The User undertakes to respect the laws and regulations in force and to use only content for which he/she has the rights, or for which the holder of the rights has given his/her express consent for their distribution, or which are free of any rights.
• The User agrees to indemnify ADOPTMARKET, if necessary, for any prejudice directly or indirectly linked to the non-respect of this guarantee.
  

Violation of Bits' Terms of Use, Account Restriction and Limitation, and Termination of Agreement

• In the event that Bits becomes aware that a user is in violation of applicable law, third party rights (including, without limitation, intellectual property rights such as trademarks and copyrights), these Terms and/or Bits' policies, or if Bits has a legitimate interest, such as protecting users from fraudulent activity, Bits reserves the right to take action against the user, such as, without limitation:
  • removing offers, advertisements, reviews or content;
  • send a warning;delay the publication of advertisements and other content;
  • restrict the use of the Services;
  • temporarily suspending the user's account.
  • When taking action against a User, Bits will take into account the legitimate interests of that User, especially if there are indications that the User is not responsible for the violation.
  
• Bits reserves the right to permanently suspend a User from the Services (permanent suspension) if in particular:
  • the User has repeatedly received negative reviews or bad detailed seller reviews and the suspension is necessary
  • to protect the interests of other Users;
  • the user has provided incorrect contact information;
  • the user has transferred his account or given access to it to third parties;
  • the user causes significant damage to other users or to Bits;
  • the user commits repeated violations of these Terms;
  • the user has violated the Payment Services Terms of Use, if applicable.
  
• Once a user is permanently suspended, no claims for restoration of the suspended Bits account or evaluation profile will be accepted.
• Users may close their account and terminate their User Agreement at any time.
• Bits may terminate these Terms at any time upon 30 days' notice.
  
• If a user has been suspended or these Terms are terminated by Bits, that user may no longer use the Services, even with other Bits accounts, and may not register again. A suspension or termination shall have no effect on the validity of any contracts already entered into on the Bits marketplace.
  
• If Bits takes any of the actions referred to in this section, including restriction, suspension or termination, users may request clarification of the facts and circumstances giving rise to such actions through Bits' internal complaints procedure by writing to support@joinbits.video.
  
• Professional and Consumer Sellers must meet Bits' minimum performance standards, detailed in our FAQ seller file. We reserve the right to restrict or suspend the accounts of sellers who do not meet these standards.
  
  

Fees

• There is no charge for registering and bidding on items offered on our Services.
  
• The fees charged for using our Services are detailed in our Auction Fee Policy. Bits may change the fees by posting such changes on its website or by email, 15 days in advance. You may terminate your account without penalty within 15 days of notification of such changes.
  
• Unless otherwise stated, all fees are quoted in Euros (EUR). It is your responsibility to pay all applicable fees and taxes resulting from the use of our Services in a timely manner and through a valid payment method. If there is a problem with your payment method or if your account is in arrears, we will attempt to collect amounts owed by other means of collection, we will debit the other payment methods in your account, we may use a collection agency or legal counsel authorized for this purpose. Late payment interest at the legal rate will apply where applicable. Seller agrees that we may send you invoices in electronic format by e-mail. Finally, we may also suspend or limit your ability to use our Services until payment has been received in full.
  

Creation of a Customer Account

• In order to order a Product on the Platform, you must create a Customer Account on the Platform according to the terms and conditions described in the Platform's general terms of use. The creation of a Customer Account takes place at the time of the first connection to the Platform.
  
• The Buyer is informed that his name, first name, e-mail address, cell phone number and postal address are communicated to the Seller in order to enable him to fulfil the order.
  

Conditions of purchase

• In order to purchase a Product, you must have an active Customer Account, i.e. one that is not closed, or create a Customer Account. The order of Products on the Platform is made with Sellers, professionals or individuals. The Sellers are solely responsible for (i) the truthfulness and completeness of the description of the Product in the Product File or during the Live Sale as well as (ii) the perfect conformity of the Product with its description in the Product File or during the Live Sale.
  
• The Platform allows the user to buy in 2 different ways:
  • The Auction: To enter a bid, the User must have previously entered his or her delivery address and chosen his or her payment method. The User bids at the price he/she wishes to pay for the purchase of the Product presented to him/her, until the time allowed by the Seller for the auction has elapsed. If the User loses the auction, no payment imprint is blocked. If the User wins the auction, his order is automatically placed and communicated to the Seller. A payment imprint is then blocked on the Buyer's payment method.
  • The Firm Sale: To buy a Product during a Live Sale, the User must have previously filled in his delivery address and chosen his payment method. The User selects the Product he/she wishes to purchase. Then, they click on "Buy". The User is then informed of the total amount of his order. If he is not already connected to his customer account, the User is invited to connect to it or to create his customer account. Finally, the user is invited to click on "Confirm Payment", which entails an obligation to pay.
  
• The Buyer cannot cancel an order placed during a Live Sale.
• Orders placed by a Buyer are independent of each other and if an order concerns the purchase of several Products, each purchase is independent of the other. Thus, if one or more orders has/have not been confirmed by the relevant Seller, the other order(s) of the Buyer shall not be cancelled and the Buyer shall be obliged to pay for the order(s) that has/have not been cancelled. Likewise, when only one Product of an order for at least 2 Products is not available, the order is not cancelled and the sale is concluded for the other available Product(s). Therefore, the fact that one or more Products ordered from one or more Sellers on the Platform are not available does not result in the cancellation of the entire order or the other orders, the Buyer being bound by the part of the order / the other order(s) concerning the other available Product(s).
• Payments on the Platform are made by credit card payment in one go through the 3D secure payment system set up by ADOPTMARKET S.A.S and its payment partner or by payment with codes (payment, discount or promotional) or by transfer from the Wallet offered by Bits.
  
• ADOPTMARKET S.A.S. collects, through its payment service provider, the price of the orders paid by the Buyer on behalf of the Seller and transfers this price to the Seller after deduction of its intermediation commission. The Buyer's payment information is never communicated to the Sellers who are only given the Buyer's contact information necessary to communicate with the Seller and to process his order, namely his last name, first name, e-mail address and cell phone number as well as the delivery address.
  

Creation of a Seller's Account

• To be able to hold a Live Sale and sell a Product on the Platform, a Seller's Account must be created on the Platform in accordance with the terms and conditions described in the Platform's general terms of use.
  
• In the case of the creation of a Professional Seller Account, the seller must provide its SIRET number as well as its VAT number and the address of its registered office.
  
• In the case of the creation of an Individual Seller account, the seller must provide a seller's name.
  

Conditions for putting a product up for sale

• To be able to put a product on sale, it is necessary to have an active Seller's Account, i.e. not closed, or to create a Seller's Account.
  
• In order to organize a sale, the seller must create a Live Sale on the Platform and enter the products he/she wishes to sell during this sale.
• For each of the Products on sale, the Seller will choose whether he wishes to carry out an auction or a firm sale.
  • In the case of a firm sale, the Seller defines a price at which the Buyers will be able to purchase the product during the Live Sale.
  • In the case of an auction, the seller sets a minimum price at which Buyers may bid during the Live Sale. The Seller also sets the minimum amount that must be added for a Buyer to bid.
  

Seller's Responsibility

• By accepting the Terms and Conditions presented here, the seller agrees to :
  • to sell only authentic products on the Platform
  • not to bid on his own auctionshonor the orders placed by the Buyers on the Platform
  • to send the Products in conformity with the products presented during the Live Sales and/or in the advertisements
  • to send the Products within the maximum period stipulated by Bits in the Bits rules
  ‍• respond to requests from buyers and/or Bits concerning sales already made within the maximum period stipulated by Bits in the Bits rules
  ‍• reimburse the Buyer in case of a dispute resolved in the Buyer's favor
  

Right of Withdrawal and Legal Guarantees

• The rules of consumer law apply only to transactions with a Professional Seller. The provisions of the Civil Code applicable here do not require an Individual Seller to offer a right of withdrawal. However, some Private Sellers may, at their convenience, decide to offer it. We recommend that you check in the listing of the item in question whether or not the Private Seller accepts retractions.
  
• Professional Sellers are recognizable by the "Professional" badge attached to their seller name on the Platform.
  
• In case of purchase from an Individual Seller, only the guarantee of hidden defects applies and not the legal guarantee of conformity. The legal warranty of hidden defects for new or used items applies, unless the Private Seller has expressly stipulated that he will not be obliged to any warranty under Article 1643 of the Civil Code. A latent defect is defined as a defect that makes the item unfit for its intended use or so diminishes its use that you would not have purchased it, or would have paid a lesser price for it, if you had known about it. The defect must be hidden (i.e. not apparent) and exist at the time of purchase. The period of time is two years from the discovery of the hidden defect to implement the warranty. According to the legal provisions, if you prove the hidden defect, you can keep the object and ask for a reduction of the price or return the object and ask for the reimbursement of the price paid as well as the expenses incurred by the sale.
  

Delivery & Return

• Delivery costs: The delivery costs are fixed by the sellers, according to their transport solution and are charged to the Buyer.
  
• Delivery Method:
  • Delivery Method:The Products are delivered by the Seller to the address indicated by the Buyer when placing the Order.
  • The Buyer is informed that the Products can only be delivered if
     • the Seller offers delivery in the country of destination indicated in the delivery address given by the Buyer when placing the Order;
     • the Buyer has a valid delivery address in the country of destination indicated in the delivery address by the Buyer when placing the Order;
  
• Receipt of Products:
  • Buyer must verify the condition of the Products upon receipt in order to confirm their conformity with the Order.
  • When the verification of the Product is possible at the time of delivery, the Buyer must immediately express his or her reservations about the condition of the package and the Product to the carrier if the Product or its packaging has been damaged during transport.
  
• Delay / Failure to deliver: In case of delay, total or partial non-receipt of the Product(s) ordered, the Buyer is invited to contact Bits from the agreed delivery date in order to deal with the problem.
  
• Product returned to Seller:
  • If a Product is returned to the Seller for a reason such as "unclaimed" or "does not live at the address indicated", the Buyer will be refunded the price of his/her Order (excluding the cost of returning the Product)
  
• Return Policy: Seller is free to set its own return policy as long as it complies with legal requirements. Bits will not be held responsible in the event that a seller does not offer a return policy.
  

Bits Guarantee

• Most sales on Bits go smoothly. However, if there is a problem with a purchase, the Bits Guarantee helps Buyers and Sellers communicate and find a solution to their problems. In the event of a dispute, the Buyer may contact Bits who will interface with the Seller to find a solution to the issue raised.
  
• The rules governing the Bits Guarantee are an integral part of these Terms of Use. Seller agrees to abide by the rules of the Bits Guarantee and authorizes us to make the final decision in any dispute.
  
• In the absence of a solution proposed by Seller and accepted by Buyer within 10 days of Buyer's creation of the dispute with Seller, the following disputes are eligible for the Bits Guarantee:
  • Non-reception of a product
  • Receipt of a Product that does not conform to the Product sold
  • Delivery of counterfeit Products
  
• Under the Bits Guarantee, if a dispute is resolved in favor of the Buyer, Bits may require the Seller to reimburse the Buyer for amounts owed to the Buyer so that Bits may reimburse the Buyer on behalf of the Seller. Seller also authorizes Bits to invoice Seller for such amounts on behalf of Bits.
  
• If Seller is found to be liable, we will notify Seller and invoice Seller for the refund amount.
  
• Seller acknowledges and agrees that the above authorizations will be given on a recurring basis and at various times as required by us to implement the rules governing the Bits Guarantee. For future claims, when we decide a dispute in favor of Buyer, we will notify Seller and continue to bill Seller.
  
• We may suspend the Bits Guarantee without notice if we suspect abuse or interference with the proper functioning of the Bits Guarantee.
  
• The Bits Guarantee is not a product guarantee or a service guarantee. It is an additional service, and does not replace any legal warranty provided by the Consumer Code or the Civil Code. Regardless of the applicability of the Bits Guarantee, consumers may exercise their rights against the seller by virtue of the legal guarantee of product conformity.
  

Content

• When the Seller provides us with content, via the creation of an ad or the holding of a Live Sale, including any content that is put online by our Services, in order to enable us to provide our Services, he agrees to grant us on a non-exclusive basis, free of charge, for all languages, for the entire world and for the legal duration of the rights (including any extensions that may be granted), all image and intellectual property rights pertaining to the said content and to the elements that make up the said content (in particular texts, images, photographs, logos, illustrations, trademarks, models, titles, data), including any database and any content that may be qualified as a derivative work (hereinafter the "Content"), in full or by extract, as and when they are inserted on the sites.
  
• These rights include the right to reproduce, represent, distribute, adapt, modify, translate, sub-license and communicate to the public, use in a database, all or part of the Content by all processes, on all formats and media (digital, print...) known or unknown to date.
  
• By selling on the Platform, the Seller agrees to :
  • verify that the product information associated with its listings is accurate. Product information may include copyrighted, trademarked or other proprietary content.
  • not remove any copyright, "trademark ™" or other markings on the product information.
  • not to use the contents of the catalog in a manner that would infringe the proprietary rights of any third party, nor to create derivative works using such data or information in any way (other than for the sole purpose of including such information in your advertisements).
  

Data Protection and Privacy.

• You and Bits will process personal data received under and/or in connection with these Terms of Use, each as a separate and independent data controller. Under no circumstances will you and Bits process personal data under and/or in connection with these Terms of Use as joint controllers or in a controller-to-processor relationship. As separate and independent controllers, you will be individually and separately responsible for complying with your obligations as a controller under applicable data protection laws.
  
• You must comply with your obligations under applicable data protection laws (including, without limitation, Regulation (EU) 2016/679 (European General Data Protection Regulation "GDPR") and complementary European Union and local data protection laws. This includes, among other things, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or international organization.
  
• You must process personal data received from Bits exclusively for the purpose(s) for which you received it under and/or in connection with these Terms of Use. You must delete the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of personal data is not permitted, unless required by law (e.g. if a retention obligation applies).
  
• Failure to comply with the above obligations may result in disciplinary action up to and including suspension of your account.
  

Access to Personal Information

• As part of the Services, Bits has access to various information about users, including personal data. This includes information that users submit to Bits as part of the Services (such as contact information or item descriptions) as well as any information generated by the provision and processing of the Services (such as reviews, sales analysis or communication).
  
• Through My Account and, upon request, through the Sales Tools, you receive information necessary to process transactions (such as contact information for the other user involved in a transaction) as well as aggregated information about the performance and analysis of your ads, which is linked in part to data from other users of the Services (such as the number of impressions of an ad, conversion rate or return rate).
  
• Bits only shares user information with third parties as necessary to provide the Services (for example, when advertising the Services through third parties or if Bits is legally or contractually permitted to do so).
  
• When these Terms of Use expire, we will delete information that you have provided, or that has been generated by your use of the Services from your Bits account.
  
• We retain information you have provided after the expiration of the Terms of Service if we are legally required to do so or have a legitimate interest in doing so. We will generally retain aggregated data generated by the Services (for example, statistics about sales in a category) after the expiration of the Terms of Use.
  
• For information regarding Bits' processing of personal data, including sharing such data with third parties and your rights as a data subject, please see our Personal Data Notice.