June 2024

 

These Terms and Conditions (the "Terms and Conditions" or "Terms and Conditions") apply to all use of the Service and the Online Platform, as defined below. As a User, please read these Terms and Conditions carefully so that you are aware of your rights and obligations when using the Service. You can download and print this document.

Please note that the following Terms and Conditions are an automated translation from the French version of our Terms and Conditions. Benzin accepts no responsibility for any translation errors, the French version being the only reliable version.

 

1. Definitions

 

In these General Terms and Conditions, the following terms have the following definitions:

1.1 Buyer: the User who wins a prize via the online Platform.

1.2 Award: the fully automatic message sent to the Buyer stating that his/her Offer has been accepted, and that he/she is thus accessing the Benzin service to finalise his/her purchase.

1.3 Benzin: the simplified joint stock company Benzin, with its registered office at 4 avenue Joffre, 94160 Saint-Mandé, France, and registered with the Créteil Chamber of Commerce under number 832 590 400.

1.4 Buyer's commission: the percentage of the Final Purchase Price that the Buyer will owe to Benzin for the use of the Service, including VAT where applicable, rounded up to the nearest Euro. It is set at 3% excluding VAT with a minimum of €150 excluding VAT.

1.5 Seller's commission: the percentage of the final Purchase Price that the Seller will owe to Benzin for the use of the Service, increased by VAT and exempt from any taxes (such as withholding taxes), duties and levies that may be due, which will be subtracted from the payment of the Purchase Price, rounded up to the next Euro. It is set at 3% exclusive of tax with a minimum of €150 exclusive of tax.

1.6 Account: the personal section on the Online Platform containing the (personal) data entered by the User or requested from the User's social media account(s), created by the User when registering for the Service, and also managed by the User.

1.7 Consumer: an individual User who uses the Service, or enters into a Purchase Agreement as a Buyer, for purposes other than his or her trade, business, craft or professional activities.

1.8 Purchase: agreement via the online Platform between the Seller on the one hand and the Buyer on the other, relating to a given Lot at a given Purchase Price.

1.9 Intellectual Property Rights: all Intellectual Property Rights and associated rights, such as copyright, trademark rights, patent rights, model rights, trade name rights, database rights and related rights, as well as rights to know-how and related services.

1.10 Bank Footprint: a sum deducted from the bank card provided by the User, the amount of which varies according to the Bid submitted. The Footprint is not a debit and does not give rise to invoicing.

1.11 Online Auctions: automated online auctions of Lots by Sellers on the online Platform.

1.12 Third Party Service Providers: a third party entity, not affiliated with Benzin, which manufactures or delivers certain products, services, applications or websites accessible to you on our Online Platform, such as (but not limited to) payment or delivery services. Your use of such products, services, applications or websites is governed by and follows the Terms and Conditions and Privacy Law of the Third Party Service Providers.

1.13 Information: all material and information placed by Benzin on the Online Platform, or made accessible through the Online Platform. User Materials are excluded. 

1.14 Prize: one or more products or services offered by a Seller on the online Platform.

1.15 User Materials: information on the Online Platform provided by Users, or made accessible or published via the Online Platform by Users, including - but without limitation - Lots, Lot descriptions, photos, specifications, comments, notices, advertisements, messages, offers and/or press releases.

1.16 Offer, or bid: the amount expressed in Euros (€) offered by a User for a Lot, including, where applicable, VAT and duties payable to the Seller, excluding the Buyer's Commission.

1.17 Online Platform: Benzin's digital environment where Users can access the Service via the software developed and offered by Benzin, accessible via the Internet at https://benzin.fr, https://Benzin. me, and other top level domain names registered by or on behalf of Benzin, including all sub-domains and sub-pages thereof, as well as mobile versions of these websites, all computer software and all other (mobile) applications with which the Service can be used, including on mobile devices such as smartphones and tablets.

1.18 Purchase Price: the highest Bid amount expressed in Euros (€) that the Buyer owes to the Seller.

1.19 Reserve price: the minimum price expressed in Euros (€) which is not shown, which a Seller has indicated that he wishes to receive for his Lot. This price does not include any Commissions due by the Seller or the Buyer at the end of the sale, or any exchange rate variations or commissions that may affect the User.

1.20 Service: the services offered by Benzin via the Online Platform, visible and described on the Online Platform and in these Terms and Conditions, including the services that Sellers may use to sell Lots by means of an automated online auction, as well as any associated additional services. For any associated additional services, such as payment services, provided to you through the Online Platform, Benzin may use third party Service Providers. You may be informed of the use of such Third Party Service Providers at any time when you use our Service. 

1.21 User: any natural or legal person who creates an Account, uses the Service or visits the Online Platform without registering.

1.22 VAT: value added tax as described in Directive 2006/112/EC of 28 November 2006 of the Council of the European Union on the common system of value added tax and any other tax of a similar nature.

1.23 Seller: the User who offers one or more Lots for sale on the online Platform.

1.24 Professional Seller: a User who uses the Service to sell Lots as part of its commercial, business, craft or professional activities and has provided Benzin with (i) a VAT identification number or (ii) if the Seller does not have a VAT identification number, other proof that it is using the Service to sell Lots as part of its commercial, business, craft or professional activities. A 'Pro' label will appear next to the user name for Lots offered by professional Sellers.

1.25 Transaction Area: the digital environment managed and hosted by the third-party company Obvy that Benzin makes available to its users so that they can make payments to each other.

1.26 Secure Payment: refers to the secure payment service accessible via the Transaction Area.

1.27 Ads: online sales of Lots by Sellers on the online Platform in the "Buy It Now" and "Offers" formats.

 

2. Applicability and changes to the General Terms and Conditions

 

2.1 The General Terms and Conditions apply to any use of the Service or the online Platform. By using the Service, visiting the Online Platform and/or accepting these Terms and Conditions when creating an Account, the User agrees to these Terms and Conditions. The applicability of any other terms and conditions is excluded.

 

2.2 The French version of these Terms and Conditions is the original version, all other versions are translations only. In the event of any conflict between the provisions of different (language) versions of these General Terms and Conditions, the French language version shall prevail. However, all (legal) terms and concepts used in these General Terms and Conditions must be interpreted in accordance with French law.

 

2.3 Benzin is entitled to amend or supplement the General Terms and Conditions at any time by publishing changes to the General Terms and Conditions on our Online Platform. The most recent version of the General Terms and Conditions can be found on the Online Platform. If a change or addition has a significant impact on the rights and obligations of Users, Benzin will notify them by e-mail, or bring the changes to the attention of Users when they use the Service.

 

2.4 If the User continues to use the Service after the General Terms and Conditions have been added to or amended, the User irrevocably accepts the amended or supplemented General Terms and Conditions. If the User does not agree to the amended or supplemented Terms and Conditions, their only option is to stop using the Service and delete their Account.

 

3. General

 

3.1 The User acknowledges that the Service and the Online Platform contain only the functionality and other features as they appear to the User at the time of use ("as is basis"). Benzin expressly disclaims all express and implied warranties, undertakings and representations of any kind, including, without limitation, those relating to the quality, security, legality, integrity and accuracy of the Service.

 

3.2 The User accepts that the functionality of the Service and the online Platform may change. 

 

3.3 The service offered by the Platform is an auction brokerage service carried out remotely by electronic means.

 

3.4 Sellers offer Lots on the online Platform, and Users buy these Lots directly from the Sellers. Benzin only acts as an intermediary and assistant by offering an online Platform and additional services. Benzin cannot exercise any control or hold any responsibility over the quality, safety, legality or accuracy of the Lots offered, the competence of the Sellers to sell Lots, and the ability or possibility of the Buyers to purchase Lots. The Buyer acknowledges and agrees that, given the nature of the service, no Purchase Contract is concluded at the end of the sale between the Buyer and the Seller.

 

3.5 The User acknowledges and accepts the special circumstances that may arise in an Internet auction and the (technical) deficiencies that may arise in this respect. These include - but are not limited to - the impossibility of (complete) access to the Online Platform, the impossibility of formulating an Offer or of formulating an Offer on time, breakdowns or failures in the Online Platform or in the underlying software, network or software connections. Maintenance activities on the Online Platform or the underlying system may also prevent (unrestricted) access or (provisional) submission of an Offer. Benzin accepts no liability whatsoever for any damage suffered by the User as a result of such (technical) deficiencies, and the User may not contest any remedies offered by Benzin. 

 

3.6 The User acknowledges and accepts that certain provisions of these General Terms and Conditions may not be applicable in full or in part to certain Lots due to their nature, such as the possibility of sending certain Lots. In such cases, the provisions of these General Terms and Conditions will be reasonably explained in such a way that they can be applied to the corresponding Purchase or the corresponding Lot, respecting as far as possible the content, purpose and spirit of the provision of these General Terms and Conditions.

 

3.7 Different, modified or additional rules to those stipulated in these General Terms and Conditions may apply to (the sale and/or purchase of) certain Lots. As far as possible, these will be mentioned with the corresponding Lot on the online Platform.

 

3.8 Notwithstanding any other provision of these Terms and Conditions, the User acknowledges and accepts that the Lots belong to the Seller and not to Benzin. No Purchase Agreement is entered into between Benzin and the Buyer, and Benzin does not transfer any ownership rights from the Seller to the Buyer.

 

3.9 These General Terms and Conditions of Sale apply in the same way to Lots offered in the Online Auction format as to Lots offered in the Advertisement format.

 

4. Registration to the Service

 

4.1 For optimal use of the Service, the User must create an Account in the manner described on the online Platform. The User may also log in via certain third-party services, such as a Facebook account. Users warrant to Benzin that the information they provide when creating their Account is complete, reliable and up-to-date. When registering, the User must provide a username and password, which will enable him/her to access the Account.

 

4.2 Professional Sellers are required to identify themselves as professionals when creating their Account. The User agrees to be identified as a Professional Seller for any use made through such an Account. Benzin is entitled to change the status of Accounts as it reasonably deems necessary, such as in the event that a Professional Seller has not registered as such.

 

4.3 The User is required to comply with all applicable tax laws and regulations, and to register correctly in this regard at the time of registration, providing all necessary data. The User assumes full responsibility for the consequences of providing incomplete or inaccurate information regarding its tax position, and fully indemnifies Benzin against any claims by third parties, including the tax authorities, and any associated damages and costs that may arise therefrom, which claims, damages and costs will be recovered directly by Benzin from the User.

 

4.4 It is forbidden to create an Account in the name of a third party and/or to provide false information. It is forbidden to log in via other people's third-party service accounts or to authorise other people to log in on the User's behalf.

 

4.5 The User is himself/herself responsible for the confidentiality of his/her username/password combination. The User therefore also assumes responsibility for use of the Service via his or her user name and password, and indemnifies Benzin for any damage that may arise from misuse or abuse of his or her user name and password. Benzin may assume that the User is in fact the person who logs in using the User's username and password.

 

4.6 As soon as the User knows or has reason to believe that a username and/or password is in the hands of unauthorised persons, it must inform Benzin, without prejudice to its own obligation to immediately take effective measures itself, such as changing its password.

 

4.7 In principle, anyone can register with Benzin. If the User is under the age of 18, however, he or she requires the permission of his or her legal representative(s) (guardian or (one of) the parents). By accepting these General Terms and Conditions, the User warrants that he/she is at least 18 years of age or has obtained authorisation from his/her legal representative(s) to create his/her Account.

 

4.8 Benzin reserves the right to modify the registration and connection procedure, password, user name and/or certain User information if it deems this necessary in the interests of Benzin, third parties or the operation of the Service.

 

4.9 Benzin reserves the right to refuse Users the right to register and participate in an Online Auction and/or to terminate this right unilaterally.

 

5. Offering Lots

 

5.1 In order to be able to sell Lots via the online Platform, Users must complete their profile and, among other things, enter their address in their Account.

 

5.2 Lots will be deemed suitable for sale via the online Platform on the basis of, among other things, attractiveness, rarity and possible income as well as demand for a given type of Lot. Lots may be refused at auction without any reason being given.

 

5.3 When offering the Lot, the Seller must provide clear and comprehensible information about the Lot offered. This includes in all cases - but is not limited to - the following materials and information:

(i) A correct, complete and accurate description of the Lot offered;

(ii) Information on the condition and qualification of the Lot, including whether it is a commodity with a margin under VAT legislation;

(iii) At least one (1) accurate photograph;

(iv) Any reserve price;

(v) The existence and terms of assistance to the Buyer after the sale (if applicable) and any guarantees;

(vi) Any other conditions related to the offer.

 

5.4. Benzin offers an advisory and drafting service to the Seller. The Seller is obliged to check the description before the Online Auction starts and warrants that the Lot conforms to its description and indemnifies Benzin against any claim by the Buyer that it does not conform in this respect. The Seller retains responsibility for the description of the Lots throughout the sale and undertakes to inform Benzin of any change in condition or conditions of sale that may occur before the end of the Auction. The listing may be amended at any time and at no additional cost, as long as such amendments do not significantly affect the value of the Lot. If, in Benzin's opinion, the changes are too substantial, then the sale may be cancelled or the reserve price reduced accordingly (if defined, and subject to Benzin's agreement). Any withdrawal or cancellation implies payment of 6% excluding VAT (7.2% including VAT) of the reserve price (minimum €360 including VAT, see conditions). In the event of a sale without a reserve price, the reserve price will be calculated on the basis of the highest bid.

 

5.5 In the event of cancellation by the Buyer due to the Lot not conforming to its description, the Seller is liable for service charges of 7.2% inclusive of tax of the final price with a minimum of €360 inclusive of tax.

 

5.6 Benzin accepts no responsibility or liability towards other Users with regard to the description of the Lots, including the information and declarations of the Seller mentioned in article 5.3.

 

5.7 The Seller warrants that it is the lawful owner or is authorised to sell the Lots it offers on the Online Platform and that, in offering and selling a Lot, it is not in breach of any law or regulation, any third party rights, including rights of agreement and intellectual property rights, is not acting fraudulently in general or is otherwise acting unlawfully and/or fraudulently towards third parties or Benzin. The Seller indemnifies Benzin against all claims made by the Buyer or third parties in relation to the legality of the sale of a Lot or in relation to any breach of this clause 5.5 and against all damages and costs relating thereto. The Seller also guarantees that the offer and sale of the Lot is a genuine and authentic transaction. More specifically, the Seller guarantees that the lot is not offered as part of a false transaction, allowing the buyer and/or third parties to transfer an amount and launder the money involved.

 

5.8 The Seller may not offer services that compete with the Benzin services without prior agreement. Similarly, it is forbidden to promote other sales platforms and/or services. Benzin reserves the right to delete all or part of messages including commercial offers from third parties not approved by Benzin.

 

5.9 Benzin is entitled to have the texts associated with a Prize translated so that they can also be offered in other countries, whether or not using automatic translation systems. Benzin may, at its discretion, terminate ("auction cancel") this agreement on behalf of a User who has been demonstrably adversely affected by a translation error, if no other solution has been found with the User. This is the User's sole remedy.

 

5.10 In the event that Benzin is informed of an incorrect translation of the Lot while the Lot is still being auctioned, Benzin may, at its discretion, adjust the description of the Lot or withdraw the Lot from the Auction.

 

5.11 Clause 5.9 only applies if the Lot description has been manually translated by Benzin. Benzin accepts no responsibility for any errors in the texts as a result of these automatic translations. The possibility of having an automatic translation of the description of the lot can be found on the description page of that lot.

 

5.12 The Seller may make a request to cancel the sale of his lot up until the moment when he signs the sales contract previously sent (except for Premium / Expert formulas - see Article 5.16). The conditions associated with the offer by the Seller may not subsequently be modified by the latter. If, notwithstanding the above provisions, a Lot is nevertheless withdrawn from the Online Auctions at the Seller's request, the Seller assumes full responsibility for the damage caused. At Benzin's request, the Seller (prior to the possible removal of the Lot from the Sale) shall provide documents, records or other evidence supporting the reason for its request for removal. Only upon receipt of sufficient evidence may Benzin, at its discretion, consult with the highest bidders and remove the Lot from the Auction. The Seller shall pay the service charge applied (7.2% inclusive of tax, with a minimum of €360 and a maximum of €7200) on the amount of the reserve price previously established, or of the best current bid in the case of a sale without reserve. 

 

5.13 At the end of the Sale, the Seller is informed that the highest bid is automatically accepted on his behalf, but is not obliged to do so. However, the Seller is obliged to accept at least one of the offers higher than its reserve price or one of the offers proposed by Benzin within 2 working days following the closure of the Auction, provided that the financial conditions are greater than or equal to those defined in the sale contract. In the event of refusal, the Seller must pay the service charge applied to the amount of the highest bid, with a minimum of €360 including VAT.

 

5.14 As soon as an Offer is accepted by the Seller, the latter obtains confirmation by email and is obliged to continue the transaction with the Buyer making the Offer, without any time conditions. In the event of refusal, the Seller must pay the service charges applied to the amount of the highest Offer, with a minimum of €360 including VAT. However, the Seller may not be obliged to continue the transaction if the Purchase Price has not been paid by the Buyer within 3 weeks of the end of the sale, but Benzin must nevertheless give its prior consent for the transaction to be cancelled.

 

5.15 The Lots are offered exclusively by the Seller on the online Platform and may therefore not (or no longer) be offered via other sales channels. The Seller will remove the Lots from other websites, including auction platforms, online marketplaces and its (own) online shops.

 

5.16 If the Seller has commissioned Benzin to provide the services included in the Premium or Expert packages, then it is strictly forbidden for the Seller to offer its vehicle on other sales platforms or to sell its vehicle by any means whatsoever from the day on which it has given its consent to the said services. It will also no longer be possible for the Seller to increase the reserve price previously defined. In the event of a breach, the Seller will have to pay the service charges applied (7.2% inclusive of tax, with a minimum of €360 and a maximum of €7200) on the amount of the reserve price previously established.

 

5.17 By agreeing to place the Lot online on the Platform, the Seller transfers to Benzin all rights to use the photos and videos provided for the presentation of the Lot, whether these elements were produced by the Seller or a third party, and authorises Benzin to use them at any time and at its sole discretion. The Seller may not, after the sale, demand the removal of an advertisement if the advertisement does not contain any personal information.

 

6. Conduct of Online Auctions

 

6.1 Users are required to follow all reasonable guidelines and instructions concerning an online auction. In the event of situations arising in connection with Online Auctions which are not covered by these Terms and Conditions and/or in the event of disputes between Users or other irregularities, the final decision shall rest with Benzin.

 

6.2 Benzin is entitled to temporarily or permanently prevent Users from offering Lots and Users from bidding for Lots at any time before, during or after Online Auctions.

 

6.3 It is possible to take part in Online Auctions during the period specified on the Online Platform. Users formulate bids by proposing amounts higher than the current Bid. If a Bid is still made during the last minute of Online Auctions, the duration of these auctions is extended by two (2) minutes each time.

 

6.4 Bids are displayed on the Online Platform, rounded up to the nearest whole number. This may have an effect on the amount of the minimum bid steps. The Purchase Price may also be rounded up to whole numbers before being paid to the Seller. The figures are automatically rounded up or down according to certain pre-defined limits.

 

6.5 Offers are always made in Euros (€) and include VAT.

 

6.6 In order for a User to be able to make an Offer, he/she must have entered a valid bank card capable of being subject to strong authentication ("3D Secure"). By doing so, the User authorises Benzin to make any payments to which the User may be liable, in particular bank prints, payment of service charges and payment of withdrawal fees. In the event that the means of payment provided is insufficient, Users are required to follow all of Benzin's directives and instructions in order to regularise their situation. If this is not the case, Benzin reserves the right to withdraw any bids that are not in order and to charge the resulting costs of an amount at least equal to the Buyer's Commission and the Seller's Commission lost by Benzin.

 

6.7 Sellers are paid exclusively in Euros (€).

 

6.8 Each Offer is deemed to have been made by the User through whose Account the Offer was made. The User is therefore always personally committed to the Seller by the Offers made via his Account, even if a third party makes offers via his Account. 

 

6.9 Offers made remain valid for a period of 2 working days after the end of the sale, which the Seller may accept at any time by notifying Benzin. An accepted offer is equivalent to full delivery of the service provided by Benzin and requires payment in full.

 

6.10 The Consumer accepts that given the nature of the service provided by Benzin, the right of withdrawal defined in Article L221-28 of the French Consumer Code is not applicable to the service provided by Benzin, and subject to specific situations which will be described in the Online Auctions in question, an Offer made is unconditional and irrevocable. The User may not rely on typos or errors. Benzin does not authorise the withdrawal of any Bid, even if the Bid in question is not the highest at the time of the request.

 

6.11 The Seller is not authorised to formulate an Offer for Lots that it offers itself and/or to instruct other persons to formulate an Offer. In the event of a Purchase between the Seller and itself or a person instructed by the Seller to make an Offer, the Seller is liable to pay the Seller's Commission as well as the Buyer's Commission and Benzin reserves the right to withdraw the Lot from the sale.

 

6.12 Benzin reserves the right to amend the Reserve Price downwards without notice to the Seller or the Bidders in order to conclude the purchase at a higher Bid than the Seller's Net Reserve Price. The amount thus lost by the seller shall be fully compensated by Benzin by reducing the Seller's Commission and/or paying all or part of the Buyer's Commission. Under no circumstances may the reduction in the Reserve Price exceed the sum of the Buyer's Commission and the Seller's Commission.

 

6.13 Additional conditions applicable to the offer of Lots and/or the formulation of Bids may be mentioned on the online Platform and/or in messages (e-mails) from Benzin.

 

6.14 The highest bid is automatically pre-selected by the Seller. However, all offers made remain valid for 2 working days and may be accepted by the Seller at any time during this period. Benzin will then notify the Buyer and the Seller and the latter will then be bound by the same obligations as in the case of an automatically validated sale. The Seller may accept other bids that suit it as long as a Buyer has not honoured its payment obligations.

 

6.15 For each bid placed by a user, Benzin carries out a solvency check by means of a bank card imprint, which may be subject to strong authentication ("3D Secure"). A sum corresponding to the bid level reached is deducted from the card. For a bid of €25,000 or less: €300 is deducted, then €600 between €25,001 and €50,000, and €1,000 for bids of €50,001 or more. Nothing is deducted until the user wins the auction. A single imprint is placed for all bids made on the site, including for different lots, but the amount of the imprint is taken from the highest bid.

 

6.16 Benzin reserves the right to apply a pre-authorisation of the sale fee where a bid appears suspicious. Cases of suspicion include, but are not limited to: bids significantly higher than the previous bid, bids on several lots, bids on its own offers above the reserve indicator. This deduction is reimbursed at the end of the auction if the bidder does not win the lot(s).

 

6.17 The Buyer understands that, given the nature of the service provided by Benzin, the lot is not awarded to him at the end of the sale and that the Seller may decide to accept the bid of another bidder for criteria of location or payment guarantees. In this case, the Buyer affected will be informed as soon as possible and reimbursed for any sums paid.

 

7. Sales rules for professional Sellers

 

7.1 The Seller is obliged to indicate honestly whether or not he is offering lots as a professional. If the Seller is not acting in his professional capacity, he must indicate that he is a "Private Seller". Professional Sellers must register as such and provide Benzin with a valid identification number. Or, if the Seller does not have an identification number, other evidence satisfactory to Benzin that it is using the Service in the course of a trade, business, craft or profession.

 

7.2 The professional Seller is required to provide all the documents necessary for validation of its payment profile, including but not limited to: KBIS less than 3 months old (or equivalent company registration for countries other than France), professional bank details, valid identity document (national identity card, passport, driving licence), list of company beneficiaries. 

 

8. Consumer rights

 

8.1 The User is hereby informed that, given the nature of the brokerage activity, the consumer may waive his/her right of withdrawal in accordance with article L221-28 of the French Consumer Code, which states that: "The right of withdrawal may not be exercised for contracts: For the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express waiver of his/her right of withdrawal". Prior to any use of the service, the private user, whether bidder or seller, gives his/her express agreement to the immediate performance of the service and expressly waives his/her right of withdrawal by submitting his/her Bid. The bidder therefore acknowledges that he/she is fully aware that by submitting his/her Bid, any commitment to Benzin will become definitive and may not be withdrawn, so that the commission will be payable by the buyer and by the seller in accordance with the articles mentioned below, even in the event that the sales contract does not come to fruition.

 

9. Payment

 

9.1 Once the Online Auction has closed, the Buyer must pay the Seller via Benzin the Purchase Price and the Buyer's Commission by following the payment instructions. The Buyer shall ensure that all net amounts are collected and therefore assumes responsibility for all (bank) charges, levies (such as withholding tax), duties and taxes due to it. The Buyer guarantees that he/she will not purchase the lot in a false transaction, which enables him/her and/or third parties to transfer the full or partial purchase price and launder the money involved.

 

9.2 If the Buyer does not immediately pay the Buyer's Commission and/or the Purchase Price within the payment period stated in the advertisement, the Buyer is automatically in default vis-à-vis Benzin, without any notice of default being required. From the moment that the Buyer is in default, it shall owe interest equal to the statutory commercial interest. Benzin will send at least one final payment reminder. In the absence of any communication from the Buyer, Benzin reserves the right to deem the Buyer to be in default of payment before the end of the payment period allowed and Benzin may invoice and collect from the Buyer the amount of the Seller's Commission lost by Benzin.

 

9.3 The Seller may not oblige Benzin to collect the Purchase Price prior to delivery of the Lot. In the event that Benzin notifies the Seller that no proceedings to collect the Purchase Price will be commenced or pursued, the Buyer agrees that the Seller shall be entitled to terminate the sale with immediate effect without the need for notice of default. The declaration of cancellation may be sent to the Buyer by Benzin on behalf of the Seller.

 

9.4 Cancellation of the Purchase due to the Buyer's failure to pay will not affect the Buyer's liability to pay the Buyer's Commission together with the Seller's Commission forfeited to Benzin.

 

9.5 In the event of termination as a result of the Buyer's breach of its payment obligation, the Buyer shall be liable for all damages and costs caused to Benzin, which shall in any event amount to the amount of the Seller's Commission lost by Benzin and a flat-rate amount of €1,000 by way of procedural costs. Benzin may use any means at its disposal to recover the amount due.

 

9.6 Lastly, cancellation of the Purchase due to the Buyer's failure to comply with its payment obligation releases the Seller from any obligation to deliver the Lot to the Buyer in the event that Benzin has not found a replacement offer on equivalent financial terms or that the conditions described in article 5.14 have been met. The Seller cannot judge whether the Buyer has complied with its payment obligation, which is a matter for Benzin to decide and to inform the Buyer accordingly.

 

9.7 The Purchase Price will only be paid to the Seller (after deduction of the Seller's Commission) after the Buyer has paid the Purchase Price and the Buyer's Commission and the conditions described in clause 9.9 have been met.

 

9.8 Notwithstanding the foregoing, payment may be suspended, in particular in the event that the Buyer has notified a dispute due, for example, to alleged damage or non-conformity of the Lot under the no-surprise guarantee defined in 10.15.

 

9.9 The Buyer agrees that the Purchase Price shall be paid to the Seller as soon as the Buyer has instructed Benzin to do so, or as soon as the Buyer has declared receipt of the Lot to Benzin, or as soon as the Lot has been picked up by the carrier, or as soon as 2 days have elapsed after the date of receipt declared by the Seller without proof to the contrary from the Buyer, whichever occurs first. No claim or refund may be made thereafter.9

 

9.10 Cancellation of the Purchase by the Buyer for any other reason outside the scope of the No Surprise Guarantee set out in 10.15 shall not affect the Buyer's liability to pay the Buyer's Commission together with the Seller's Commission lost by Benzin. If the Buyer has already paid the Purchase Price through the Secure Payment, the funds will be returned.

 

10. Delivery and recovery of Lots

 

10.1 Unless the Buyer and the Seller have agreed to send the Lot, the Buyer is obliged to collect the Lot from the Seller, at the location indicated in the advert, in accordance with the advert and the conditions previously communicated by the Seller. The buyer has a maximum of 24 hours to indicate the method of collection via the advert after having won a lot. In the case of transport, after the estimate has been made, the buyer has 24 hours to accept it or to indicate hand delivery. Outside these time limits, and after appropriate reminders, Benzin reserves the right to consider that the Buyer wishes to withdraw from the prize he/she has won.

 

10.2 If the Buyer and the Seller agree that the Lot is to be sent by a Benzin partner carrier, or a third party, the Seller is obliged to make the Lot available to the carrier so that it can be sent to the Buyer who has benefited from the Attribution in accordance with the description and conditions as set by the Seller when submitting the Lot and without prejudice to the provisions of Article 8.

 

10.3 The Seller may only change the status of the shipment after the Seller has actually shipped the Lot or after the Buyer has actually withdrawn the Lot.

 

10.4 The Lots sold must be insured during transport.

 

10.5 The address communicated by the Buyer is deemed to be the place of delivery. The risk of damage and/or loss of the Lots is the responsibility of the shipping agent until the moment of delivery to the address communicated by the Buyer. Any damage observed on delivery must be reported to the carrier and documented (photos, videos) in his presence. The Buyer may not make any claims after delivery of the Lot and departure of the transport.

 

10.6 Benzin has the right to consider the signature for receipt and/or the registered delivery confirmation with acknowledgement of receipt at the delivery location as proof of receipt by the Buyer. The Seller accepts that Benzin has the right not to accept any other proof of receipt. This provision does not in itself grant any rights to the Seller. If a Lot does not arrive correctly, the Buyer and the Seller are obliged to cooperate with the transport agency carrying out the investigation, in the event that they are unable to find a solution between themselves. An ongoing investigation does not affect Benzin's right to decide whether the purchase price will be refunded to the Buyer or paid to the Seller in accordance with Article 9.8.

 

10.7 In the event that the Seller fails to comply with its obligation to arrange an appointment with the Buyer to collect the Lot, or to deliver properly in full under this Clause 10, even after due notice, the Seller shall be in default and the Buyer shall be entitled to terminate the sale. The notice of default and declaration of termination may be sent to the Seller by Benzin on behalf of the Buyer, but Benzin is not obliged to do so. In this case, the Seller is obliged to compensate the Buyer for the Buyer's commission, without prejudice to any other rights, in which case the Seller, and not Benzin, is obliged to refund the Purchase Price which has already been received.

 

10.8 Termination of the sale due to the Seller's failure to comply with its delivery obligation (which includes, but is not limited to, failure to deliver a Lot in accordance with the Lot description) shall not affect the Seller's liability to pay the Seller's Commission. In such a case, the Seller shall be liable for all damages and costs caused to Benzin as a result, which in any event shall amount to the amount of the Buyer's Commission lost by Benzin together with a flat administration fee of €100.

 

10.9 The Buyer is obliged to collect the Lot within the time limits mentioned in the description of the Lot. If no time limit is stated or agreed, the Buyer is obliged to collect the Lot within a reasonable period of time, which may in no case be longer than four weeks (from the date of closure of the Online Auction in question). If the Buyer does not collect the Lot within the time limit, does not comply with its agreements with the Seller and/or refuses or fails to provide information or follow the Seller's instructions necessary for the delivery of the Lot, Benzin is entitled, after notifying the Buyer by e-mail or courier, to invoice and deduct the amount of the Seller's Commission lost by Benzin. In this event, the Buyer shall have no further claim to any reimbursement of Commissions or to any compensation whatsoever vis-à-vis Benzin.

 

10.10 If the Buyer fails to meet its obligations to recover and cooperate, this has no impact on the Buyer's liability to pay the Buyer's Fee. In this case, the Buyer assumes responsibility for all damages and costs caused as a result for Benzin, which in all cases amount to the amount of the Seller's Commission lost by Benzin together with a fixed management fee of €100.

 

10.11 Benzin shall be entitled to deduct the amounts referred to in Clause 10.10 from the Purchase Price to be paid to the Buyer.

 

10.12 The Seller is obliged to deliver the lot to the Buyer whose offer it has accepted via the Platform as soon as the Buyer meets its payment obligations. The Seller is obliged to make the Lot available within the deadlines mentioned in the description of the Lot. If no deadline is mentioned or agreed, the Seller is obliged to make the Lot available within a reasonable period, which may in no case be longer than four weeks (from the date of receipt of the Buyer's funds).  If the Seller fails to make the Lot available on time, breaches its agreements with the Seller and/or refuses or fails to provide information or follow instructions from the Buyer or Benzin necessary for the delivery of the Lot, Benzin shall be entitled, after notifying the Seller by e-mail or courier, to invoice and collect the amount of the Buyer Commission lost by Benzin. In this case, the Seller may no longer claim any reimbursement of Commissions or any compensation whatsoever from Benzin.

 

10.13 Any complaints or disputes between the Seller and the Buyer must be reported to Benzin as soon as possible. Although the Buyer and the Seller should in principle resolve any disputes between themselves, Benzin will if necessary use its best endeavours to mediate between the Seller and the Buyer under its "No Surprise Guarantee". If the Seller and the Buyer fail to reach agreement, the Seller and the Buyer hereby agree that Benzin shall be entitled to return the Purchase Price to the Buyer and to charge the Buyer's Commission and the Seller's Commission to the party in breach of its obligations under these conditions. Benzin shall not thereby owe any compensation or indemnity to the Buyer or the Seller. No claim may be made against Benzin after the contract of sale has been signed between the Seller and the Buyer and/or after the Buyer has authorised the payment of funds to the Seller and/or after the consignment has been dispatched. Benzin is not a party to any dispute.

 

10.14 In the case of a sale organised by Benzin after the end of an auction, the terms and conditions of sale apply as described in the auction framework, in particular the terms of payment of the Buyer's commission, payment of the Purchase Price, recovery of the lot and the no-surprise guarantee.

 

10.15 Scope of the "No Surprise Guarantee". This applies to lots eligible for Secure Payment. Benzin is entitled to return the Purchase Price to the Buyer as well as part of the Buyer's Commission if the vehicle has a major defect that was not reported during the sale or if the Seller has failed to comply with a commitment explicitly mentioned in the advert (including advert text, photos, video, comments and private messages between the Buyer and Benzin and/or the Seller). A major defect is defined as mechanical damage (excluding consumables) or bodywork damage having a financial impact of more than 20% of the Purchase Price, with a minimum of €1,000. The financial assessment of the defect is the sole responsibility of Benzin. The defect must be noted before or during delivery of the vehicle in the presence of the seller. Any subsequent claim (after payment of the Purchase Price to the Seller) does not fall within the scope of the "No Surprise Guarantee". In order to invoke the No Surprise Guarantee, the Buyer must provide Benzin with proof of the defects observed (photos and videos). In the event of cancellation under the No Surprise Guarantee, the Buyer will be charged a flat-rate deduction of €100 including VAT. If the Buyer has already paid the Purchase Price via Secure Payment, the funds will be transferred directly via the Transaction Area. In view of the present conditions, the No Surprise Guarantee cannot be applied in the case of delivery by carrier. It also excludes products sold as a “restoration project”. In the case of a lot sold as such, it will be clearly mentioned in the advertisement that it is sold for a "restoration project".

 

11. Use of the Service

 

11.1 All use of the Service and the online Platform is at the User's own risk and responsibility.

 

11.2 By publishing the User's material on the Online Platform or by making it accessible via the Service, the User warrants that:

 

(i) It is entitled to do so, and to grant Benzin the rights as set out in these Terms and Conditions ;

 

(ii) The User Material it makes available:

a) Is not misleading;

b) is not discriminatory in terms of appearance, race, religion, sex, culture, origin or otherwise offensive, does not incite violence and/or harassment of another or others, and is not, in Benzin's opinion, contrary to morality or good taste, is not crude, does not contain links to pornographic material or websites and does not encourage any illegal activity;

c) Does not contain any personal data of third parties;

d) Does not consist of chains, spam or junk mail and does not include any links to commercial or non-commercial websites;

e) Does not have any negative effect on the honour or reputation of Benzin, its affiliated companies and/or its directors;

f) is not contrary to any law or regulation or to these Terms and Conditions, is not in breach of any third party rights, including contractual rights, Intellectual Property Rights, privacy rights, or otherwise unlawful in relation to third parties or Benzin

 

(iii) Benzin is thereby not liable for any payment, tax, levy or withholding of any kind or to anyone, including persons and parties whose work, design, trade mark or workmanship is included in the User Materials, including collective rights bodies.

 

11.3 By using the Service, the User is obliged to comply with all national, European and international regulations relating - inter alia, but without limitation - to its activities relating to its auctions, the offer, purchase and sale of Lots via the online Platform.

 

11.4 The User may not process any personal data of other Users without the latter's authorisation, nor include them in a mailing list without their express authorisation, or approach them for this purpose on their own initiative. The User may not use the contact details of other Users to send unsolicited communications. The User is liable to pay a penalty of 1000 euros (one thousand euros) directly to Benzin for each breach of this provision.

 

11.5 The User warrants that by using the Service:

(i) It will not circumvent or manipulate Benzin's Online Platform and billing process, for example by directly contacting other Users or third parties to enter into a Purchase Agreement outside of Benzin. In the event of a breach of this provision, all Users involved in the circumvention or manipulation will be severely liable to compensate Benzin for all damages suffered as a result and costs incurred by Benzin, which will in any event amount to the Buyer's Commission and the Seller's Commission lost by Benzin, if the Lot has been sold;

(ii) It will not use any viruses, Trojan horses, worms, bots or other software or technical means likely to harm the Service or the online Platform, or to render the Service or the online Platform inaccessible or to circumvent technical protection measures;

(iii) He/she will not do anything that may place an unreasonable and/or disproportionate burden on the Service's infrastructure and/or hinder the functionality of the Service;

(iv) It will not do anything that could manipulate or undermine Benzin's review system;

(v) not use any application that spies on the Service and/or copies parts of the Service.

 

11.6 The User shall pay to Benzin a penalty of €1,000 (one thousand euros) for any breach of clause 11.5 and for any day or part of a day on which such breach continues, all without prejudice to Benzin's right to recover any loss actually suffered.

 

11.7 All technical resources required to use the Service, including, but not limited to, hardware and Internet access, as well as the cost of their use, are entirely at the User's expense.

 

12. User equipment

 

12.1 The User retains all Intellectual Property Rights in its User Materials, but hereby grants Benzin a royalty-free, unencumbered, worldwide, non-exclusive, perpetual and irrevocable licence to disclose and/or reproduce its User Materials for any purpose it deems necessary, including - but not limited to - promotional purposes. This licence does not expire when the User or Benzin deletes the User's Account and/or the User ceases to use the Service.

 

12.2 The User grants Benzin, inter alia, under the aforementioned licence, but without exclusion, (i) the right to (have) the User Material (automatically) translated, (ii) the right to have the User Material printed and/or used in (social) media and (iii) the right to use the User Material for promotional purposes.

 

12.3 The User hereby waives his or her moral rights to the User Materials to the extent applicable and possible.

 

12.4 The User agrees that its User Materials may be used by other Users. Benzin does not guarantee that Users will comply with these General Terms and Conditions.

 

12.5 The User understands and accepts that it is responsible for and assumes civil liability for the User Material that it publishes on the Online Platform and makes accessible using the Service.

 

12.6 The User understands and accepts that Benzin has no obligation to check or review the User Materials of other Users. Benzin has no knowledge of the content of such User Material and therefore accepts no responsibility and/or liability in this respect.

 

12.7 If the User believes that certain User Material is illegal, the User may report this to Benzin. The User can find further information on how to make a report here.

 

12.8 Benzin reserves the right to remove, shorten or otherwise adapt User Material from the Online Platform as it deems necessary without incurring any liability and/or civil responsibility for its content, disclaiming any liability for any damage whatsoever and without being liable to pay any compensation. This Article is without prejudice to Benzin's other rights and remedies, and Benzin reserves the right to take other (legal) measures including - but not limited to - disclosing the User's personal data to third parties.

 

13. Availability and interruption of the Service

 

13.1 Benzin does not guarantee that the Service and all elements of the Service and/or the Online Platform will be accessible at all times without interruption or breakdown. Disruptions to the Service may occur, but not exclusively as a result of disruptions to the Internet or telephone connection, or caused by viruses or errors/defects. Benzin accepts no liability or obligation to compensate the User for any loss resulting from the (temporary) unavailability or (temporary) interruption of the Service and/or the Online Platform.

 

13.2 Benzin is entitled at any time and without prior notice to make procedural, technical, commercial or other changes and/or improvements to the Service and/or the Online Platform, to (temporarily) shut down the Service and/or the Online Platform and/or to restrict the use thereof if it deems this necessary, for example as part of the reasonably necessary maintenance of the Service and/or the Online Platform.

 

14. Intellectual Property Rights

 

14.1 The Intellectual Property Rights in the Online Platform, the Service, the Information and the database, including - but not limited to - the Intellectual Property Rights in the texts, illustrations, design, photos, software, audiovisual material and other materials belong to Benzin or its licensors.

 

14.2 Subject to the provisions of these General Terms and Conditions, Benzin grants the User a limited, personal, revocable, non-exclusive, non-transferable right under a (sub)licence to use the Service and to consult the Information in the manner and format as made available via the Service.

 

14.3 It is expressly forbidden to copy, disclose, use directly or indirectly for commercial purposes or for any purpose other than that stated in these Terms and Conditions the Service, the Online Platform, User Materials not originating from the User and/or Information and/or other data, unless expressly authorised in writing by Benzin or the relevant rightful owner to do so.

 

14.4 Unless expressly permitted under mandatory law or these Terms and Conditions, or at the request or with the permission of Benzin, the User may not decompile or reverse engineer the Service, the Online Platform and/or their source or object code(s).

 

14.5 Benzin may take technological measures to protect the Online Platform or the Service and/or individual parts thereof. The User may not remove or circumvent such technical protection measures or propose measures to that effect.

 

14.6 It is forbidden to delete, render illegible, hide or modify notices or mentions relating to Intellectual Property Rights.

 

14.7 Nothing in these General Terms and Conditions is intended to transfer any Intellectual Property Rights to the User. The User may not do anything that may infringe the Intellectual Property Rights of Benzin, Users and/or third parties, such as registering domain names, trademarks or Google Adwords keywords that resemble or are identical to any sign on which Benzin and/or Users may assert Intellectual Property Rights.  

 

16. Databases

 

16.1 The collection of Users' (personal) data, including User Materials and Information, compiled by Benzin and reproduced on the Online Platform is a legally protected database. Benzin is the producer of the database and therefore has the exclusive right to grant permission for (i) the extraction or re-utilisation of all or a substantial part, qualitatively and/or quantitatively, of the content of the database and (ii) the repeated and systematic extraction or re-utilisation of qualitatively and/or quantitatively insubstantial parts of the content of the database, insofar as this is contrary to the normal operation of the database or causes unjustified damage to the legitimate interests of Benzin. The User may only extract or re-use data from the database if and insofar as this is permitted under these General Terms and Conditions.

 

17. Reporting suspected illegal material

 

17.1 Benzin accepts no liability whatsoever for any loss arising from any unlawful use of the Online Platform or the Service. Benzin is only obliged, on the terms and conditions set out below, to remove clearly unlawful User Material following receipt of such a report.

 

17.2 Benzin has established a procedure by means of which the presence of allegedly unlawful User Material on the Online Platform or the accessibility via the Platform and/or the Service of allegedly unlawful activity can be reported to Benzin.

 

17.3 Benzin reserves the right not to approve a request to block or remove User Materials or suspend an activity if there is any reason to doubt the accuracy of the report or the lawfulness of the evidence provided, or if it is not required to do so in order to protect its interests. In such cases, Benzin may seek a ruling from a competent court that the User Materials in question are clearly unlawful.

 

17.4 Prior to the deletion of any User Material found to be infringing, Benzin may request, and the notifying party shall provide, additional information substantiating that the notifying party is indeed the rights holder, and Benzin may request, and the notifying party shall provide, a signed copy of a declaration of indemnity for Benzin. 

 

17.5 Benzin shall not be a party in any way to any dispute between the User and any third party reporting.

 

17.6 If the User makes a report, the User shall indemnify Benzin and any of its related companies and its officers, directors, employees, representatives and assigns against any claims by third parties that the User's Material is blocked or deleted or that the User ceases to operate. This warranty also covers any loss suffered by Benzin, any loss that Benzin may suffer in the future or any costs that Benzin may incur in connection with any such claim, including but not limited to the costs of legal assistance.

 

17.7 Benzin respects and protects the privacy of whistleblowers. All personal information provided to Benzin in connection with a report will always be treated in the strictest confidence and may only be used for the purpose of dealing with such reports.

 

18. Protection of privacy

 

18.1 When creating an Account, and during use of the Service, the User will provide Benzin with personal data. This personal data will be recorded and processed in accordance with Benzin's privacy protection policy (http://www.Benzin.fr/about/CGU) and applicable laws and regulations.

 

19. Liability

 

19.1 Benzin accepts no liability for damages arising from the provision of the Service, including, without limitation, damages arising out of or in connection with the use of the Online Platform and/or the Service, tort or otherwise, to the extent that this is permitted under mandatory legal provisions.

 

19.2 Benzin accepts no liability for any use of services, products, applications or websites made available by a Third Party Service Provider, such as shipping and payment services and/or any problems between a User and a Third Party Service Provider. It is the User's responsibility to read the terms and conditions and/or privacy policies of these Third Party Service Providers before using them.  Payment processing services for Buyers on the Online Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service; together, the "Stripe Services Agreement". By purchasing from Benzin, you agree to and accept the Stripe Services Agreement, which may be amended by Stripe from time to time. Payment processing services for Sellers on the Transaction Area are provided by Obvy and are subject to the Obvy Joint Account Agreement, which includes the Obvy Terms of Service. By selling on Benzin, you agree to and accept the Obvy Services Agreement which may be amended by Obvy from time to time.

 

19.3 Among other things, Benzin can never be held liable for any loss or damage suffered as a result of a Buyer or Seller entering into a Sales Contract, including - but without limitation - loss or damage arising as a result of the User entering into unfavourable contracts, where Lots are, for example, paid more or less than the intended value.

 

19.4 The only action that the User may take if he considers that he has suffered prejudice is to suspend use of the Service and delete his Account, in accordance with the provisions of article 21.

 

19.5 In the event that, despite what is stipulated above, Benzin is liable for a loss on any grounds whatsoever, Benzin will only be liable for compensation for direct damage suffered by the User as a result of a breach or unlawful act attributable to Benzin. Direct damage means exclusively material damage caused to property, reasonable costs incurred to avoid or limit direct damage and reasonable costs incurred to establish the cause of the damage, liability, direct damage and method of compensation.

 

19.6 If and to the extent that Benzin is liable for any damages whatsoever, its liabilities are limited in all cases to no more than the following amounts: the total commissions received by Benzin from the relevant User during the three month period prior to the transaction giving rise to liability.

 

19.7 This limitation of liability is not intended to exclude Benzin's liability for gross negligence or wilful misconduct by Benzin ("own act") and/or its management.

 

19.8 In order to be entitled to any claim for compensation, the User must always report any damage to Benzin in writing as soon as possible after it first occurs. Any claim for compensation against Benzin will lapse once twelve months have elapsed since the damage first occurred.

 

19.9 This Article also applies to all companies associated with Benzin, as well as its management, directors, employees, representatives and assigns.

 

20. Guarantees and safeguards

 

20.1 The User shall be liable to Benzin for, and shall fully indemnify Benzin in respect of, all damages and expenses suffered or incurred by Benzin as a result of (i) any breach of the Terms and Conditions by the User, (ii) any action taken by the User in using the Service, or (iii) any unlawful act. All costs incurred and damage suffered by Benzin in any way connected with such claims will be reimbursed by the User.

 

20.2 The User warrants that the User Materials shared through the Service are not pledged or encumbered with any third party Intellectual Property Rights, that they do not infringe or conflict with any third party rights, and that their use is not otherwise unlawful with respect to third parties.

 

20.3 The User shall indemnify Benzin against all claims by third parties on any grounds whatsoever for compensation for damages, costs, interest, taxes, duties and/or deductions relating to or arising from its User Materials, its use of the Online Platform, the Service, and/or an infringement of these Terms and Conditions and/or any third party rights, including, but not limited to, Intellectual Property Rights.

 

20.4 The safeguarding obligations in this Article also apply to all companies associated with Benzin, as well as its management, directors, employees, representatives and assigns.

 

21. Duration and termination

 

21.1 The User may suspend its use of the Service and delete its Account at any time. Benzin is entitled to refuse to delete the User's Account if the User is involved in an ongoing sale or still needs to fulfil certain obligations (e.g. payment or delivery obligations) to Benzin or other Users.

 

21.2 If the User fails to comply with these General Terms and Conditions, Benzin is entitled, in addition to any other (legal) means at its disposal, to immediately restrict, suspend or inactivate the User's activities in connection with the Service, in whole or in part, whether temporarily or not, to suspend and/or delete the User's Account temporarily or permanently, to issue a warning, to terminate the Service or to refuse to provide the Service to the User. Benzin accepts no liability or obligation to compensate the User in this respect.

 

22. Miscellaneous, applicable law and competent court

 

22.1 French law is applicable to the General Terms and Conditions, to the use of the Service and the Online Platform, and to any dispute arising therefrom, unless otherwise provided or by virtue of mandatory laws.

 

22.2 Users acknowledge that the rules of international private law may result in the application (also) of a law other than French law to transactions with other Users, in particular to transactions with Consumers.

 

22.3 For any dispute between the User and Benzin, the court of first instance has jurisdiction, unless an imperative legal provision stipulates that the dispute must be submitted to another judge. As far as Consumers are concerned, the District Court shall have jurisdiction over any dispute, unless the Consumer opts for a court that would have jurisdiction under the law within one month of Benzin's written recourse to this provision.

 

22.4 In accordance with Article L.612-1 of the Consumer Code, the Consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the Professional.

This establishment has designated SAS Médiation Solution as a consumer mediation body by means of a membership registered under number 60110/LMD/2306.

To refer a matter to the mediator, the consumer must make his or her request:

- Either in writing to :

Sas Médiation Solution

222 chemin de la bergerie

01800 Saint Jean de Niost

Tel. 04 82 53 93 06

- Or by e-mail to: [email protected]

- Or by completing the online form entitled "Contact the mediator" on the https://www.sasmediationsolution-conso.fr website.

 

Whichever method is used, the request must contain :

- The applicant's postal address, telephone number and e-mail address,

- The name, address and Sas Médiation Solution registration number of the professional concerned,

- A brief statement of the facts. The consumer will specify to the mediator what he or she expects from this mediation and why,

- A copy of the prior complaint,

- all documents required to investigate the claim (order form, invoice, proof of payment, etc.).

 

22.5 Benzin is entitled to assign the rights and obligations arising from these General Terms and Conditions to third parties, and will inform the User accordingly. If the User does not agree to this assignment of obligations to a third party, he or she may cease to use the Service and delete his or her Account, in accordance with Article 21.

 

22.6 If any provision of these Terms and Conditions is invalid in whole or in part or for any reason, the User and Benzin shall continue to be bound by the remainder of the Terms and Conditions. Benzin will then replace the invalid and/or invalid part (as far as the specific User or the specific situation is concerned) with clauses that are valid and whose legal effects, given the content and scope of these General Terms and Conditions, correspond as far as possible to those of the invalid part.

 

23. Secure Payment

 

23.1 Benzin provides its users with an automated digital platform enabling them to make payments to each other for Lots offered for sale on Benzin.fr. This platform is developed and managed by the third-party company Obvy, and its use is therefore governed by its own Terms of Use.

 

23.2 The user accepts that use of the Secure Payment Platform, known as the Transactions Area, is his/her sole responsibility. Benzin cannot be held responsible for, for example, any unavailability of the service (temporary or otherwise) or the presence of bugs.

 

23.3 The Buyer uses the Transaction Area to make payment to the Seller, firstly by making a bank transfer to an escrow account allocated to it. The Buyer then transfers the funds to the Seller via an automated system, secured by strong authentication (SMS confirmation) in accordance with technical market standards. Once the User has confirmed the transfer, the Buyer may not go back on the transaction, for example by invoking a handling error or fraudulent use of his/her account.

 

23.4 The Seller uses the Transaction Area to collect the Purchase Price. The Seller must provide all the supporting documents requested and understands that it cannot force Benzin to make a transfer if it has not provided all the necessary supporting documents.

 

23.5 All transactions carried out (including bank withdrawals) via Secure Payment are made in Euros (€). Any exchange commissions that the User's bank may charge and any exchange rate fluctuations that may affect the User during the transaction are always at the User's expense.

 

24.Contact

 

24.1 If you have any questions about the Service, the Online Platform or these Terms and Conditions, please do not hesitate to contact Benzin at any time:

Benzin SAS

4 avenue Joffre

94160 Saint-Mandé France

E-mail: [email protected]

You can also send us an e-mail using the contact form.