Seller’s

Terms and
Conditions
Back Market

Effective date: August 10th, 2024

Signature:

Seller Company:

Registration number:

Duly represented by:

Title:

Hereinafter the “Seller”

 Table of contents

INTRODUCTION 2
PART I - ONBOARDING WITH THE MARKETPLACE 3
1. What does Back Market offer? 3
2. What’s Back Market’s role? 5
3. How to onboard with the Marketplace 5
4. Launching Phase 6
PART II - SELLERS’ ACTIVITY ON THE MARKETPLACE 7
5. Use of the Seller Account 8
6. Sales 8
7. Trade-in 9
8. Content, creation of a New Product Sheet, and listings 10
9. BackBox 11
10. Quality Standards 12
11. Packaging 14
12. Data 14
PART III - CUSTOMER SERVICE 16
13. Handling Customer Service 16
14. Returns 19
PART IV - FINANCIAL TERMS 22
15. Financial Terms 22
16. Invoicing and Payment terms 26
17. Security Payment (Deferred Payout) 27
PART V - NON COMPLIANCE AND CLOSURE OF ACCOUNT 29
18. Restriction and suspension 29
19. Termination (Exit) 30
20. Liability and Complaints 33
21. Seller’s complaints 35
PART VI - MISCELLANEOUS 36
22. Confidentiality 36
23. Intellectual Property 37
24. Force Majeure 38
25. Independence of the Parties and economic dependence 38
26. Intra-group solidarity and assignment of contract 38
27. Notices and agreement on proof 39
28. Ethics, anti-corruption, and money laundering 39
29. Insurance 40
30. Applicable law 40
31. Mediation and litigation 40
Optional Services Terms and Conditions 45
Quality Charter 51
Definitions 52

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 INTRODUCTION
What are the Seller’s Terms and Conditions? How are they amended?

1. The Seller’s Terms and Conditions define the rules governing the Seller’s access to the
Marketplace and, more generally, the relations between the Seller and Jung S.A.S., a
simplified joint stock company (société par actions simplifiée) whose registered office
is located at 199 rue Championnet, 75018 Paris, and which is registered in the Paris
Trade and Companies Register under number 804 049 476 (“Back Market”).

2. The Seller’s Terms and Conditions don’t govern the relationship between Buyers and
Sellers or the relationship between Buyers and Back Market.

3. The Seller’s Terms and Conditions are accompanied by their appendices, including in
particular the Quality Charter which defines the operational rules applicable to Sellers,
and the Specific Conditions applicable to optional Services. The appendices and links
contained herein form an integral part of the Seller’s Terms and Conditions. In case of
contradiction, the Seller’s Terms and Conditions prevail over the Charter, and the
Specific Conditions prevail over the Seller’s Terms and Conditions and the Charter with
respect to the optional service to which they apply.

4. Each Seller accepts the Seller’s Terms and Conditions upon creation of their Seller
Account by signing them via an electronic signature tool. Sellers must download and
save the signed Seller’s Terms and Conditions. Sellers can also access the current
applicable version of the Seller’s Terms and Conditions via the Seller Support Center.

5. The Seller’s Terms and Conditions may be amended by Back Market. In case of an
amendment:
● Back Market will notify Sellers of the updated Seller’s Terms and Conditions at
least 1 month prior to their effective date, unless otherwise expressly specified in
the Seller’s Terms and Conditions.
● Unless a signature of the new Seller’s Term and Conditions is explicitly required
by Back Market, the new Seller’s Terms and Conditions are considered accepted
by the Seller unless they have explicitly rejected them within the notice period by
expressing their decision to terminate their relationship with Back Market and to
stop selling on the Marketplace.
● As an exception, no notice period applies when the modifications (i) are imposed
by a legal or regulatory obligation, or (ii) address an unforeseen and imminent
danger.

6. In the event of a dispute, only the English version of the Seller’s Terms and Conditions
will be binding.

You'll notice brief summaries at the end of each section. They aren't legally binding.
They're here to help you understand the legal talk. For a complete look at your legal
requirements, read the full document.

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 PART I - ONBOARDING WITH THE MARKETPLACE

1. What does Back Market offer?

Back Market operates a Marketplace. Sellers benefit from (i) included Services and (ii)
additional optional Services to which Sellers may subscribe.

1.1 Included Services

Back Market provides the following Services to all Sellers on the Marketplace:
● Intermediary Services for sales and Trade-in: Back Market provides Sellers
with access to the Marketplace, enabling them to sell Products and, when they
are acting as a Refurbisher, to purchase Products from Individuals. The Trade-in
Service is exclusively available to Sellers who are selling on the Marketplace.
● API Service: Back Market provides an integration solution via programming
interfaces. The technical documentation associated with this Service to assist
Sellers in using the API Service is available at https://api.backmarket.dev/#/.
Sellers undertake to comply with the instructions provided by Back Market in
such documentation. Back Market may amend the above-mentioned technical
documentation but will notify Sellers of any material change no later than 30 days
before the change takes effect. Sellers may not use the production environment
to perform the developments necessary for the implementation of the API; only
the test environment shall be used for this purpose. Failure to comply with API
instructions provided by Back Market may result in the revocation of your API
access, following prior notice.
● Back Office Service: Back Market provides Sellers with a tool to manage their
sales on the Marketplace, access their quality dashboard and monitor quality
indicators, communicate with Back Market, track their orders, requests, and
returns, and view and download their invoices.
● Customer Care by Back Market (CCBM) Service: Back Market provides CCBM,
a global service through which Back Market (i) manages Sellers’ Customer
Service on their behalf, (ii) provides Sellers with a buyer-to-seller return shipping
solution, and (iii) provides Sellers with access to an online platform to order and
receive Back Market-branded packaging.
● Seller Support Center (SSC): Back Market provides a digital space for Sellers,
where they can access useful information such as the various contractual and
accounting documents (Terms and Conditions, Quality Charter, invoices, credits
notes, etc.) and through which they can submit support requests to Back Market.
● Virtual Wallet and secure payment: Back Market offers a secure payment
service on the Marketplace through its payment service provider(s). The Seller
has 1 Virtual Wallet per currency. The amounts credited to the Virtual Wallet(s) do
not generate interest.
● Instalment Payments Service: In some countries, Back Market offers, through
its payment partners, an instalment payments service that allows Sellers to offer

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 a secure payment facility to Buyers. Certain conditions, which are not dependent
on Back Market, must be met for an order to benefit from the payment facility. To
this end, the Seller must accept the terms and conditions of the Instalment
Payments Service Providers before starting to sell on the Marketplace. In this
respect, the Instalment Payments Service is available only when the total amount
of an order (considering all Products contained in the order, regardless of the
Seller(s) concerned) exceeds certain limits (currently 200 € or 300 € depending
on the Service Provider).

1.2 Additional optional Services

Sellers can subscribe to the following additional Services:

● BackShip Service: This is a service for the shipping and delivery of Products
carried out, in accordance with their terms and conditions, by third-party
shipping providers with whom Back Market has negotiated preferential rates.
● BackRepair Service: This is a service for the repair of Products that have been
sold by Sellers on the Marketplace and returned as defective.
● PayPal Service: This is a service for Sellers to benefit from PayPal’s secure
payment method at a preferential rate from PayPal, negotiated by Back Market.
This service is operated by PayPal in accordance with PayPal’s terms and
conditions.
● BackPricer Service: This is an automated tool provided by Back Market that
increases Sellers’ chances of winning BackBoxes by defining their target and
minimum prices with the help of this tool.

Specific terms and conditions applicable to each service are provided in the Appendix,
except for the BackPricer Service which is free of charge for the Seller. Information on
the BackPricer Service can be found in the Seller Support Center here.

These optional Services are not available in all countries where Back Market operates
the Marketplace. The Seller will be informed in writing as and when this service becomes
available in new countries.

Brief summary:
Back Market operates an online Marketplace for the Sales and the Trade-in of Products.
Sellers benefit from (i) included Services and (ii) additional optional Services to which
Sellers may subscribe. The use of the Marketplace is governed by these Seller T & Cs.

2. What’s Back Market’s role?

Back Market acts as an intermediary host within the meaning of the French Law for
Confidence in the Digital Economy (“Loi pour la confiance dans l’économie numérique”).

Under no circumstances is Back Market the Seller or Refurbisher of the Products on the
Marketplace. Products are sold directly by Sellers to Buyers.

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Back Market does not control a priori the Products offered for sale by the Seller (or by the
Individuals in the framework of the Trade-in Service) or the information and Content
provided by such Sellers, except via technical and/or automatic checks.

Brief summary:
Back Market is a pure marketplace. We facilitate Sellers selling products directly to
customers without selling or refurbishing products ourselves. Please note that Back
Market does not have control over the Products or information provided by Sellers.

3. How to onboard with the Marketplace

3.1 What are the conditions for onboarding?

Creation of a Seller Account is only authorised to legal entities and natural persons of full
legal age who:
● Are validly engaged in repair, refurbishing, and/or sales activities relating to
Products
● Are registered in the trade and companies register or in the trades register (or
the equivalent in their country of registration)
● Are declared to the competent services to comply with their fiscal and social
requirements
● Have obtained all the necessary authorisations to carry out their activity in the
country they operate in.

3.2 What information is required during the onboarding process?

The applicant must accurately and exhaustively complete the Seller Account creation
form available on the Marketplace.

The exact list of documents and information required by Back Market for onboarding is
specified in the Seller Support Center here. This includes information required for tax
purposes.

The applicant is also required to provide the documents requested to Back Market’s
payment service provider to enable payouts. The onboarding with the payment service
provider will be performed via the Back Office here.

The applicant undertakes to provide accurate, complete, and up-to-date information.

The Seller shall update their documents in the Back Office without delay in case of any
change. Except to change their bank details, Sellers must follow the process found in
the Seller Support Center here.

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The Seller acknowledges that they will be held liable for any missing or incorrect
information provided to Back Market.

The Seller will be able to sell on the Marketplace once all documentation and compliance
checks are complete. Back Market is free to approve or deny any onboarding request.

At any time, before or after onboarding, Back Market is entitled to request Sellers to
provide additional documents and information, and to conduct site visits, particularly to
verify the accuracy of the information provided or in the event of suspected fraud.

Brief summary:
To sell Products on Back Market, you must be an official business with all the
required documents. To become a Seller, you need to fill out the sign-up form
completely and provide all the right documents. You'll need to keep your information
updated at all times.

4. Launching Phase

4.1 What’s the Launching Phase?

Following the creation of the Seller’s Account, Back Market will conduct a test period,
called the “Launching Phase” to ensure that the Seller is able to comply with the Seller’s
Terms and Conditions and the Quality Charter.

The Launching Phase will last until the Seller has validated all the mandatory training
modules and shipped a sufficient number of orders and total business volume over a
fixed period of time, provided the quality standards set forth in the Quality Charter are
respected and the Seller has completed the required training as specified in the Seller
Support Center here. These limits will be defined by Back Market with the Seller during
the onboarding process.

During the Launching Phase, the Seller Account is subject to limitations (e.g., a maximum
number of sales per day). The Seller is informed of the restrictions at the creation of
their Seller Account.

4.2 When does the Launching Phase end?

If the Seller complies with their obligations, Back Market will inform them at the end of
the Launching Phase that the Launching Phase has ended.

If the Seller does not comply with their obligations, depending on the severity and
number of breaches identified, Back Market may restrict the number of Product sales
and extend the Launching Phase or close the Seller Account at any time (during or at the
end of the Launching Phase) after prior notice.

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Brief summary:
Once you join, you'll go through a launch phase where you're limited on how many
Products you can sell. If you follow all requirements, you'll pass and be ready to move
on. If all goes well, we'll let you know when the Launching Phase is complete. If not,
we might limit your sales, extend the Launching Phase, or close your account.

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 PART II - SELLERS’ ACTIVITY ON THE
MARKETPLACE
5. Use of the Seller Account

5.1 Seller Account and login

The Seller may only have, directly or indirectly, 1 Seller Account per currency, unless Back
Market agrees to otherwise in writing.

The Seller Account login credentials communicated to the Seller at the time of their
registration are strictly personal, and the Seller undertakes to keep their password
confidential. If the Seller becomes aware that their Seller Account has been accessed by
any third party or unauthorised person, the Seller shall immediately notify Back Market
by email at business@backmarket.fr.

5.2 Language and communication

The languages to be used in all communication between the Seller and Back Market are
French or English.

5.3 Professional conduct

In all circumstances, Sellers must use a polite tone and behave respectfully towards
Back Market employees and agents, Buyers, and Individuals. Any form of insult, threat,
mockery, or denigration is prohibited.

Brief summary:
In general, you can have 1 account per currency. Keep your password secret. Let us
know immediately if someone accesses your account without your permission. Be
polite and respectful in all circumstances.

6. Sales

The Seller decides which Products they wish to offer on the Marketplace and determines
their selling prices.

Only Products which (i) are refurbished (unless otherwise agreed upon with Back
Market) in accordance with legal requirements, (ii) fall within the categories listed on the
Back Office, and (iii) are not prohibited can be sold on the Marketplace.

It is forbidden to offer stolen, counterfeit, or any other illegally-procured Products on the

Marketplace, as well as Products that infringe the rights of third parties.

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A list of specific Products that are prohibited or subject to a pre-approval process due to
the higher risk of defective and/or counterfeit devices is available in the Seller Support
Center here.

The Seller undertakes to ensure that all Products they offer on the Marketplace comply
with all applicable regulations and are in stock and immediately available for sale. In this
regard, the Seller shall update their inventory in real time and withdraw any Product that
has become unavailable.

Once a Seller is selling on Back Market, they have a daily sales limit, or a maximum
number of Products they can sell in a single day. This limit will be lifted when the Seller is
close to reaching it, if their quality standards are high enough. Sellers will find more
details on this limit and how to increase it in the Seller Support Center here.

Brief summary:
You can only sell legally-refurbished devices on Back Market. As you sell products,
you will notice daily sales limits in the beginning. You can find out how to raise those
limits in the Seller Support Center.

7. Trade-in

The Trade-in Service is limited to specific Products as listed in the Seller Support
Center here.

To promote circular economy, Refurbishers must maintain a Circularity Rate of over 50%.
This rate can be found by dividing the number of units resold by the number of Trade-in
orders paid as defined in the Seller Support Center here.

To protect Individuals against chargebacks and payments denials, Back Market will make
sure that their sales on the Marketplace can cover their Trade-in activity. See detailed
requirements in the Seller Support Center here.

Each Refurbisher has a daily Trade-in limit, or a maximum number of Trade-in orders they
can reach in a single day based on their growth potential, financial situation, and quality.
Refurbishers will find more details on this limit and how to increase it in the Seller
Support Center here.

Brief summary:
You can only buy certain products via Trade-in. You'll have a daily limit on the number
of products you can buy, but this can increase with your sales.

8. Content, Product Sheet and listings

8.1 General rules regarding Content

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The Seller undertakes to ensure that the Content they provide on the Marketplace is
up-to-date and complies with applicable laws and/or regulations. Examples of prohibited
Content can be found in the Seller Support Center here.

8.2 How to create a Product Sheet?

When the Seller decides to offer a Product for sale, they may either create a new Product
Sheet or select an existing Product Sheet:

● Creation of a new Product Sheet: When creating a new Product Sheet, the Seller
shall include all information required by law, a description of the main
characteristics and qualities of the Product, some photos and a reference price
of the new Product (the manufacturer’s recommended retail price or the
generally observed price). The Seller shall specify any disparity in the reference
price between the countries in which they offer Products for sale. The Seller must
be able to prove the origin and accuracy of the reference price indicated in order
to ensure that any price comparison displayed on the Marketplace is fair and not
misleading.

The Seller represents and warrants that the description and information provided
for the Product Sheet is complete and accurately reflects the associated
Product. Once created, the Product Sheet becomes a permanent part of the
Back Market catalogue. Therefore, by adding Content to a New-Product Sheet,
the Seller grants Back Market and other Sellers the right to use that Product
Sheet and its Content. Other Sellers will then be able to list their Products for sale
using the Product Sheet that was created.

● Selection of an existing Product Sheet for their Product: Sellers must choose the
Product Sheet that exactly matches the Product they are selling. Sellers are still
responsible for informing Back Market of any mistakes, missing information, and
adding an accurate personalised description of the Product whenever it differs
from the existing Product Sheet.

8.3 How to create a listing (i.e., put a Product up for sale)

To create a listing associated with an existing Product Sheet, the Seller shall provide: (i)
the availability of the Product, (ii) the selling price of the Product with all taxes in the
various countries where the Product is offered for sale, (iii) any shipping costs, (iv) the
delivery time, (v) the appearance grade of the Product (e.g., Mint, Very good, Good, Fair,
and Stallone), and (vii) any other terms and information that are essential to the sale
and/or required to provide to the Buyers in accordance with legal and regulatory
provisions.

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Brief summary:
You must keep your online listings updated at all times.You can list new Products or
Products that already exist in Back Market's catalogue. Make sure you provide all
details and correct any wrong information. If you list a Product already in the
catalogue, make sure you include your stock, price, shipping fees, shipping speed,
appearance grade, and other details.

9. BackBox

9.1 How does the BackBox work for sales?

When a user searches for a Product on the Marketplace, only 1 Product offered by 1 Seller
is shown for each grade of eachProduct, which means that only that the specific Seller
may sell the searched Product to that Buyer. In that case, the Seller “holds the BackBox”.

The selection of the Seller who holds the BackBox is determined by an algorithm that
considers (i) the Seller’s quality performance, (ii) the Product’s price, (iii) reviews of the
Seller by the Buyers, and (iv) the delivery speed options. The Seller who holds the
BackBox is the Seller who offers the best value for money.

To improve their chances of holding the BackBox, Sellers can track their performance on
their quality dashboard integrated into their Back Office.

For special promotion operations, a dedicated page can be created and Products will not
compete for the BackBox. The Seller can find more details on the conditions of such
special promotion operations, as well as the BackBox, in the Seller Support Center.

9.2 How does the BackBox work for Trade-in?

When an Individual puts a Product up for sale, an algorithm finds the best price offer
among the Refurbishers.

9.3 Can a Seller influence the BackBox?

Under no circumstances can a Seller influence this ranking or pay (directly or indirectly)
any particular fee to Back Market to win the BackBox.

Brief summary:
Back Market's algorithm chooses a BackBox winner based on quality performance,
price, reviews and delivery speed options. Check out the dashboard in the Back
Office to improve your BackBox performance.

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 10. Quality Standards

10.1 What are the general quality commitments?

All Products sold on the Marketplace must be thoroughly tested to ensure they are fully
functional or restored to full functionality through necessary interventions. Any
remaining data must be removed from the Products. Additionally, the Products must
strictly conform to the description and grade provided by the Seller. See the Quality
Charter for more details about the expected tests and checks.

However, water resistance is not required, except on sport watches and GoPro cameras.
Batteries that are not sold as new must have an initial capacity of at least 85% with no
more than 500 cycle counts for smartphones released before October 2020 and 650
cycles for smartphones released from October 2020 onwards. See Quality Charter for
more details.

The Seller shall also offer a 30-day cancellation period for all Products sold on the
Marketplace, which starts on the day the Buyer receives the Product. The Buyer can
return the Product within the cancellation period without stating any reason.

The Seller also undertakes to abide by the provisions of the commercial warranty,
recapped in the Seller Support Center here. The commercial warranty covers all
defects that already existed at the time the Product was received by the Buyer but does
not include normal wear and tear. During the first 12 months (and 24 months for Products
sold in Spain and Portugal), it is legally presumed that the defect was already present at
the time the Buyer received the Product. Under this warranty, the Seller shall provide a
solution of repair and/or replacement within 3 business days or otherwise refund within 2
business days. After 12 months of the warranty period (24 months for Spain and
Portugal), the Seller is required to repair, replace, perform price reduction, or refund only
if the Buyer can prove that the defect lies within the Seller’s responsibility.

The Seller shall also comply with all applicable legal guarantees.

10.2 What are the expected operational quality standards?

The Seller undertakes to uphold and maintain the quality standards and requirements
detailed in the Quality Charter.

Back Market measures compliance with quality standards using the quality indicators
(KPIs) specified in the Seller Support Center here with respect to a Seller’s sales
activity and here with respect to a Seller’s Trade-in activity.

Each Seller commits to maintaining their quality indicators above the average rates of
the Sellers active on the Marketplace.

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Each Seller has permanent access to a performance tab through their Back Office
enabling them to track their own rates and compare them with Back Market averages.

Any change on quality indicators or computation will be notified to the Seller with a
reasonable prior notice.

10.3 How does Back Market assist Sellers in implementing quality standards?

Back Market undertakes to assist the Seller by providing advice, as may be necessary, to
enable them to implement these quality standards and by regularly informing the Seller
of any changes to the expected quality of services.

10.4 Mystery order

At any time, Back Market may place mystery orders to verify the Seller’s compliance with
the Seller’s Terms and Conditions, including the Quality Charter.

If any mystery order reveals that the Seller has failed to comply with their obligations,
Back Market will send an email detailing the non-compliance observed and inviting the
Seller to remedy the situation within a reasonable period specified in the email. Back
Market may also apply the sanctions set forth in Articles 18 to 19 below

Regardless of the results of the mystery orders, Back Market will be refunded for the
price of the Products ordered for this purpose, provided that the Product is returned to
the Seller within the 30-day cancellation period and in the same condition as when
received by Back Market.

10.5 Site visits and audits

With prior notice, Back Market can conduct site visits and/or audits, particularly to
monitor Sellers' refurbishment operations and quality performance. Sellers refrain from
preventing their proper execution or compromising their results.

Brief summary:
Everything you sell must function like new and match your description. Know that
customers can return products within 30 days, no questions asked. You must make
sure your Products and processes follow Quality Charter requirements. Good news is
that you can check your quality scores in real time in the Back Office. We'll do our
best to help you meet quality standards.
At any time, Back Market may go undercover and buy Products to test your process
and Products quality.

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 11. Packaging

As part of the Customer Care by Back Market Service, Sellers may order Back
Market-branded packaging for some categories of Products, including smartphones and
laptops, designed with Back Market’s assistance and manufactured by a third-party
provider. Such Back Market-branded packaging shall only be used by Sellers to ship
Products ordered on the Marketplace.

Each Seller shall order packages on a specific platform operated by a third-party

provider. The number of packages a Seller can order is based on their actual sales
numbers on the Marketplace. Back Market is not responsible for the operation,
availability, use, or maintenance of this specific platform, nor for the parcels ordered by
the Seller that are manufactured by a third-party provider.

Brief summary:
You can order Back Market-branded packaging for smartphones and laptops through
a third-party service. The amount you can order will depend on how many products
you sell.

12. Data

12.1 What rules apply to the Sellers’ Personal Data?

As part of the provision of its Services, Back Market is required to collect and process
Personal Data concerning the Sellers to handle customer orders and Trade-ins as well as
to manage the commercial relationship with Sellers, tackle fraud, carry out analyses to
improve their Services, and carry out marketing operations.

Back Market may conduct interviews with Sellers to improve the Products and Services it
offers to the Sellers. During such interviews, Back Market may collect and use Sellers'
Personal Data.

The Personal Data collected and processed by Back Market may be disclosed to Back
Market’s Affiliate Companies as well as to Back Market’s service providers: those
providing payment or fraud prevention services, delivery services, debt collection
services, hosting and IT services, data analysis and storage, communication and
marketing services. These service providers act according to Back Market’s instructions
and will only have access to the Seller’s Personal Data to perform the aforementioned
services and will be bound by the same security and confidentiality obligations as Back
Market.

The Personal Data collected and processed will be retained for the entire duration of the
contractual relationship and for 3 years thereafter. However, some Personal Data will be
archived for longer periods to enable Back Market to comply with its legal, accounting,
and tax obligations.

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The Seller (including their employees, managers, and/or corporate officers) has the right
to access, rectify, delete their Personal Data, as well as a right to restrict, and object to,
processing, by sending their request by email to legal@backmarket.com or by post to
the following address: Back Market Legal Department 199 rue Championnet, 75018 Paris.
Employees, managers, and/or corporate officers of the Seller may lodge a complaint with
the competent data protection authority, namely the CNIL for France.

12.2 What rules apply to the Buyers’ Personal Data?

With respect to the Buyer’s Personal Data, Back Market acts as the data controller, and
the Seller is the recipient within the meaning of the GDPR. The Seller thus acts as an
independent data controller with respect to the Buyers’ Personal Data.

In this respect, the Seller, as an independent data controller, undertakes to ensure the
security, integrity, and confidentiality of Buyers' Personal Data they collect or have
access to and to process the Buyers’ Personal Data for the sole purpose of managing,
executing, and tracking orders, issuing invoices, and managing the after-sales service, in
strict compliance with the requirements of the GDPR and any other national legislation
applicable to the protection of Personal Data. The Seller also specifically undertakes not
to use Buyers’ Personal Data for any marketing or commercial prospecting purposes.

Brief summary:
Back Market collects your information to manage orders, prevent fraud, and improve
services. We share it only with trusted partners. Contact us if you need to change or
delete your information.
You'll receive customers' personal information for the sole purpose of fulfilling
orders, never for ads or additional marketing.

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 PART III - CUSTOMER SERVICE
13. Handling Customer Service

13.1 How is Customer Service handled for sales?

For sales, as part of the Customer Care by Back Market service, to enhance customer’s
experience, and for the Sellers to benefit from satisfied customers and repeat
purchases, Back Market handles the Sellers’ Customer Service on their behalf in the
language of the country in which the order was placed. The Seller mandates Back
Market, which accepts it, to (i) answer to the requests of the Buyers made via their
customer account and relating to an order placed with the Seller, and (ii) provide
solutions to Buyers in accordance with the Seller’s Terms and Conditions and the Quality
Charter.

Back Market is expressly authorised to subcontract all or part of its obligations relating
to the management of the Sellers’ Customer Service. Back Market remains liable to the
Seller for the performance of this service by its subcontractors.

13.2 What are Back Market's undertakings with respect to Customer Service?

When receiving a request or a complaint from a Buyer, Back Market will:

● Process it as soon as possible and in accordance with the Seller’s Terms and
Conditions, the Quality Charter, and all applicable regulations
● Respect all the rights of the Buyer, in particular regarding cancellations, legal
guarantees and commercial warranties
● Refund a Buyer on behalf of a Seller when Seller is at fault (see Article 13.6)
● Act with all due diligence to successfully resolve the complaint of the Buyer on
behalf of the Seller
More details about the process are available in the Seller Support Center here.

13.3 How is the Seller notified?

Buyers will exclusively contact Back Market Agents. The Seller will be asked to provide
information and input (see article 13.4) to enable Back Market to handle Customer
Service and will be notified of any decision made on their behalf, along with the rationale
behind those decisions, via the Back Office. If needed, the Seller may request additional
justification or information through the Seller Support Center.

13.4 What are the Seller’s undertakings with respect to Customer Service?

Some decisions belong to the Seller and require the Seller’s input.

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The Seller agrees to take the actions requested by Back Market via the Back Office
under the conditions and within the timeframe specified in the Quality Charter. In
particular, the Seller shall:
● Provide a valid address located within the territory of the European Union (and in
the United Kingdom for sales made on backmarket.co.uk) to enable the return of
Products to the Seller
● Provide repair ability and status
● Declare any transportation issue
● Confirm or deny the possibility of an exchange
● Confirm or deny the application or exclusion of any warranty
● Confirm or deny cancellation of the order
● Refund the amount of their order to the Buyer in accordance with the Charter

Back Market reserves the right to impose restriction, suspension or exit actions (as per
Articles 18 and 19) in cases of serious or repeated violation of the Buyer's rights by the
Seller (e.g., excessive or abusive declarations of exclusion of warranties or
transportation issues, late shipping, etc.).

The Seller shall not contact any Buyer nor carry out any transaction (including payment
for out-of-warranty repairs) outside the Marketplace when such contact or transaction
results from a connection via the Marketplace. If a Buyer/Individual inadvertently sends a
request directly to the Seller, the Seller shall redirect such request to Back Market.
13.5 How is Customer Service handled for Trade-in?

For Trade-in, the Seller is responsible for handling the Customer Service and undertakes
to provide it in accordance with the Quality Charter.

The Refurbisher shall communicate with Individuals only via the Marketplace and in the
language of the country where the Individuals accessed the Marketplace (i.e., in French
for any order placed on www.backmarket.fr, in German for any order placed on
www.backmarket.de, etc.).

Back market reserves the right to impose restriction, suspension or exit actions (as per
Articles 18 and 19) in cases of serious or repeated violation of the Individual's rights by
the Seller (e.g., excessive or abusive counteroffers, declarations of transportation
issues, etc.).

13.6 What if the Seller does not comply with their obligations?

Back Market will automatically refund a Buyer on behalf of a Seller, without prior notice
being required, in the following events:
- If the Seller hasn’t declared any problem regarding the receipt or the condition of
the Product within 2 business days of the Seller being informed in the Back Office
that the shipping provider confirmed delivery of the Product (if the Seller hasn’t
already refunded the Buyer),

17
 - If the Seller does not comply with the conditions, deadlines and procedures, set
forth in the Quality Charter to repair/replace/refund,
- If the Seller declares they cannot repair or replace Products or, although they
declared they can repair/replace, their refund rate is excessive showing that they
are not able to repair/replace, refer to the Seller Support Center here.

The Seller shall bear all associated costs and reimburse Back Market for any solution
implemented by Back Market for the benefit of a Buyer or an Individual due to the Seller's
failure.

13.7 How can the Seller challenge a decision made by Back Market ?

Seller may challenge any response or solution provided by Back Market related to
Customer Service by notifying Back Market via the Seller Support Center. The Seller may
also request from Back Market any useful justification for the actions taken towards the
Buyers on their behalf. Such claims must be made within a maximum of 3 months after
the Seller has been informed of the response or solution they wish to challenge. If they
fail to make their claims by the deadline, they will be time-barred.

Back Market undertakes to analyse the Seller’s claim in good faith and to respond in a
timely manner. The Seller will be informed if their claim has been accepted or rejected.

Brief summary:
For sales, Back Market takes care of customer service for you to increase customer
satisfaction. Customers will only speak with Back Market agents. Agents will keep
you informed via the Back Office. You can always request more details via the Seller
Support Center. You must follow all requirements and respond by set deadlines.
You're expected to provide a return address, repair or replace products, confirm
warranties, or refund customers when applicable. You may never contact a customer
outside of Back Market's platform.
Unlike with sales, you must provide customer service through Trade-in. Remember to
keep all interactions with Back Market customers on the platform and in the
language of the marketplace.
If you don't do your part on time, Back Market will step in to refund the customer on
your behalf. You can challenge any decision within 3 months of being notified.

14. Returns

As part of the Customer Care by Back Market service, Back Market provides return labels
and offers Sellers a third-party shipping service to handle their return of Products from
Buyers (in case of cancellation or defective Products).

14.1 What conditions apply to transportation?

Transportation will be carried out in accordance with the shipping provider’s general

18
 Terms and Conditions, which are listed in the Seller Support Center and on the basis
of the information provided by the Seller.

14.2 Impediment to transportation

If transportation is impeded or temporarily interrupted or becomes impossible, Back

Market will inform and seek instructions from the Seller, either directly or through the
shipping provider. Additional costs associated with the implementation of instructions
given and actions taken, regardless of the Party giving such instructions and actions,
shall be borne by the Seller.

14.3 What protection applies to returns?

Protection of Sellers applies to returns of Products from Buyers to Sellers exclusively in

case a Product is lost, delivered but not received, damaged, or if the Product received is
not the right one. The protection only applies to events occurring in transit. Its
conditions, limitations, and exclusions are summarised in the table below:

Situation Lost Products Delivered but not Empty package Product

received or wrong damaged in
Product transit

Reimbursement Price of the Product 70% of the

Product’ sale price
or, for
smartphones, its
repair cost
according to a grid
detailed in the
Support Seller
Center here

Conditions for
● Claim made within ●Claim made within 2 ●Claim made ●Claim made
2 business days business days after within 2 within 2 business
reimbursement
after the Seller has the date the business days days after
been made aware Product appears as after delivery delivery
via the Back Office delivered in the ●Back Market’s ●Buyer refunded
that the tracking Back Office certificate of ●Photos of the
has not been ●Back Market’s non-receipt Product and the
updated for 15 days certificate of signed by the packaging
●Back Market’s non-receipt signed Seller showing the
certificate of by the Seller ●Buyer refunded damage and of
non-receipt signed ●Buyer refunded ●Photos of the the shipping
by the Seller ● If Back Market parcel, the label, label with
●Buyer refunded provides a proof of and the inside of tracking number
●No return of the delivery: offline the parcel or of visible
Product and no police report the Product
delivery at a ● Offline police
collection point report

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 Limits ●1,000 € (£1,000) excluding tax per parcel
●2% of the amount of the confirmed sales transactions made on the Marketplace by
the Seller in the month prior to the event giving rise to liability, per incident and per
month

Exclusions ● Theft
● Force majeure
● Loss of data
● Damage or oxidation caused by the Seller or the Buyer
● Damage that does not affect the proper functioning of the good such as
scratches
● Damage due to dryness, dust, or excessive temperature
● Damage or theft of accessories or connectors
● Fraud from the Seller or the Buyer.

Brief summary: Shipping for returns will follow any requirements in the
shippingprovider’s general terms and conditions. You can find it in the Seller
Support Center. If any shipping issues happen, Back Market will contact you. Know
that you'll have to pay for any additional costs that come up.
If a customer returns a product and it gets lost or damaged during shipping or it's
the wrong product, you're covered under certain conditions. You'll find all the
details in the table.

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 PART IV - FINANCIAL TERMS
15. Financial Terms

15.1 What’s the price of each Service?

The price of each Service is as follows:

Price of each included Service

Activity Compensation Details

Monthly subscription fees 50 € in the EU / £50 in the UK

Both fees apply if Seller holds 1 account in each of the UK and
the EU.

Commission on sales (% of total MacBooks 10% (excl. tax)

amount paid by Buyer incl. taxes
and shipping fees) iMacs 10% (excl. tax)

Laptops and consoles sold in the UK 10% (excl. tax)

Smartphones sold in Spain or in France 12% (excl. tax)

SALES

Apple accessories (excluding cases) 15% (excl. tax)

See list here

Non-Apple accessories (excluding 20% (excl. tax)

cases)
See list here

Repair kits 20% (excl. tax)

Cases and protections (excluding for 25% (excl. tax)

smartphones )

Apple-branded cases (for smartphones, 25% (excl. tax)

tablets, watches, etc.)

Smartphones cases and protections 35% (excl. tax)

(excluding Apple-branded cases)

All other Products 11% (excl. tax)

Customer Care by Back Market Pricing is based on a per order-line-item model and the Seller’s
fees Long Term Contact Rate. See pricing grid here

Instalment-Payment Fees (% of 2.50% for each transaction using Instalment-Payment Services

total amount paid by Buyer incl. (see details here and here depending on the service provider).
taxes and shipping fees)

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TRADE-IN Commission on Trade-in (total 10%(excl. tax) on all Products.
amount paid by Refurbisher incl.
taxes and shipping fees)

Trade-in Logistic fees Smartphones and audio 10.90 €

in France, Spain, and Germany
MacBooks, video game consoles, and 13.90 €
tablets

Trade-in Logistic fees Smartphones and audio £10.90

in the UK
MacBooks, video game consoles, and £13.90
tablets

Prices of optional Services - Terms and Conditions for each service are specified in the Appendix

BACKSHIP Applicable shipping rates are specified here

(FORWARD) Rates depend on the Pick-Up and Delivery locations and weight/volume of the Shipment.
Rates don’t include taxes, customs duties, and charges that may apply.
Rates don’t include fuel surcharges that may apply.
Rates don’t include surcharges applied to Pick-Ups or Deliveries operated on a weekend or
holiday, or in difficult-to-access areas.

BACKREPAIR Applicable repair rates are specified here

Rates depend on types of defects, models of Products, types of repairs, and return destinations
of Products.
Rates don’t include taxes.

PAYPAL A commission of 1.5% (excl. tax) applies to the total amount of each transaction (incl. taxes and
shipping fees) paid by a Buyer using a PayPal account.

The price of included Services may be amended by Back Market, with a minimum of 1
month prior written notice. Considering the associated costs and the difficulty for Back
Market in monitoring quality on small volumes, the commission fee may be increased for
Sellers who do not meet a minimum sales volume per month. Affected Sellers will be
notified of any commission fee increase with at least 1-month notice period.

The price of optional Services may be amended by Back Market with a minimum of 15
days prior written notice.

When a Buyer decides to return a Product within the contractual or legal cancellation
period ("change of mind"), with the express exception of orders with any breach (e.g.
technical or appearance issue) or any claim opened (e.g. receipt request, address
change), Back market will refund the amount of the commission based on the amount
refunded to the Buyer (i.e., if the Buyer is refunded on part of its order, the commission
to be refunded will the adapted accordingly). This applies if the Seller has submitted a
written request for refund to Back Market within 3 months of the cancellation.

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Other fees (Customer Care by Back Market fees, Instalment-Payment Fees, optional
Services, etc.) are not refunded in case of change-of-mind cancellation.

15.2 What happens in case of Chargebacks?

A “Chargeback” occurs when a transaction is denied by a Buyer’s bank, resulting in the

return of the amount of the transaction to the Buyer.

The Seller appoints Back Market to take, on their behalf and in their name, any decision
necessary to resolve any dispute with financial institutions relating to a Chargeback.

As long as the Seller is active on the Marketplace and maintains a Chargeback-to-Order

ratio (i.e., the Chargebacks accrued each month compared to the sum of all orders
authorised during the relevant month) below 0.45%, Back Market undertakes to
reimburse the Seller the amount of the order subject to a Chargeback and waiving the
associated costs, provided that:
● The Seller complies with the Seller’s Terms and Conditions.
● The Seller has processed and shipped the order in accordance with the order
processing time and the shipping date indicated to the Buyer.
● The Seller has shipped the order to the address indicated by the Buyer at the
time of their order and not to any other address subsequently provided to the
Seller by the Buyer.
● The Seller has provided Back Market the shipping or tracking number of the
order.
● The Seller has shipped all the orders over 300 € (or £300) by a shipping partner
requiring the recipient's signature upon delivery .
● The Seller has provided a proof of delivery.
● The Seller has provided Back Market with proof of delivery and has answered
any additional requests from Back Market within 2 business days following
Back Market’s request.
● The transaction was carried out through the Marketplace.
● Back Market has not alerted the Seller that the transaction presented a risk of
a Chargeback.

If the above conditions are not met, Back Market will not reimburse the amount of the
Chargeback and will re-invoice the amount of the Chargeback and the costs invoiced
to Back Market by the payment service provider and the bank related to such
Chargeback to the Seller.

“Trade-in Chargeback”. If a Refurbisher’s payment for an order gets rejected or cannot

be processed (e.g., due to insufficient funds or bank refusal), to avoid penalising the
Individuals, Back Market covers the amount of the order on behalf of the Seller and
charges the Seller the amount of the order and an additional fee of 7.5 € (or £8) for
each Trade-in order .

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15.3 What are the applicable Duties and Taxes ?

The Seller is responsible for all taxes, duties, tariffs, contributions, eco-contributions,
and royalties due in connection with the transaction (sale or Trade-in) that they carry
out with a Buyer. Disregarding any applicable tax is illegal and engages the Seller’s
responsibility toward the Buyers, third parties, and the tax authorities.

More specifically:

● The Seller shall have a valid intra-Community VAT number and/or have made all
the necessary VAT registrations, given their place of establishment, their tax
regime, and the VAT payment method chosen.

By way of derogation, as of 1 July 2021, in the context of a sale between a Buyer

located in the EU and (i) a Seller established outside the EU and shipping
Products from the EU or (ii) a Seller, regardless of their place of establishment,
importing Products from a country outside the EU, Back Market will be liable for
VAT as deemed supplier, under the conditions described below. In case Back
Market is liable for VAT, the VAT amounts will be calculated by Back Market and will
be charged to your account at each invoicing period.

Since the tax regime depends on the information communicated to Back Market,
the Seller shall provide (i) their place of establishment and, for each transaction,
the place of dispatch and the place of destination of the Products and (ii) all the
supporting documentation that may be requested by Back Market. Back Market
reserves the right to perform checks concerning the Seller’s place of
establishment and/or the place of dispatch of the Products based on external
verification sources and on the Seller’s supporting documentation. In case Back
Market is not able to verify the Seller’s EU establishment for VAT purposes and/or
place of dispatch in the EU, Back Market may collect VAT on the Seller’s sales.

The different situations that may apply and the Seller’s obligations depending on
whether the Product is shipped from the EU by a non-EU Seller or is imported
from a country outside the EU, are specified in the Seller Support Center.

● The Seller shall check, on their own responsibility, whether the sale meets the
criteria defined by laws and regulations to benefit from a derogatory regime of
VAT on margin on second-hand goods (VAT on margin). This derogatory regime
cannot be applied to a Product sold via the Marketplace (i) if the Seller is located
outside the EU (regardless of the place of dispatch of the Product) or (ii) if the
Product is shipped from outside the EU.

● Comply with their extended producer responsibility obligations in each country in

which they sell Products and, where such regulation is applicable, hold the
appropriate registrations and pay the applicable fees (eco-contributions).
Germany and France have specific regulations, which are described in the Seller

24
 Support Center here for France and here for Germany. Where applicable (as in
France), Back Market may pay the eco-contributions on behalf of a
non-compliant Seller. Back Market will then determine the amount of the
eco-contribution according to the information provided by the Seller. The Seller
shall reimburse Back Market of any such payment made on their behalf and shall
pay Back Market a reporting fee of 50 € per quarter. Back Market may also
withhold the assessed annual amount of the eco-contribution payable on behalf
of a non-compliant Seller from their security payment.

● The Seller shall pay any private copy levy due in the countries where it is
applicable

Brief summary:
Back Market Prices are described in the table. Back Market will give you notice if we
change prices. If a customer returns a product due to a change of mind, you get a
commission fee refund. In all other situations, Back Market won't refund the
commission fee.
A chargeback happens when a bank denies a charge and the money returns to the
customer (Sales) or to the Seller (Trade-in orders). For Sales orders, if you followed
all requirements and don't have a history of chargebacks, Back Market will reimburse
you.
It's your responsibility to pay all taxes and fees for your sales. Back Market may
handle VAT for some sales.

16. Invoicing and Payment terms

16.1 When are Services invoiced?

The price of the Services, whether included or optional, is invoiced by Back Market to the
Seller on the 6th, 16th, and 26th of each month. By the end of 2024, the price of the
Services will be invoiced by Back Market to the Seller every 7 days (on Wednesday).
Sellers will be notified by email when the change is effective. The monthly flat fee is
invoiced once a month, on the 26th.

16.2 When are the Sellers paid out?

Sellers are paid out on the day of issuance of each invoice, every 10 days s. For the sake
of clarity, Back Market does not pay the Seller the amounts corresponding to orders
shipped within the last 10 and then 7 calendar days (which will be paid with the next
invoice).

All amounts owed by the Seller to Back Market in any respect whatsoever will be paid by
way of offsetting amounts from the Seller's Virtual Wallet. Back Market may offset
amounts between Sales and Trade-in activities.

25
If a Seller owns multiple Virtual Wallets in multiple currencies, Back Market may offset the
amounts between these wallets by applying the Exchange Rate. Thus, Back Market will
pay out the amount of their Virtual Wallet to the Seller after deducting (i) any sum owed
by the Seller to Back Market and (ii) the amount of their security payment.

Back Market may suspend one or several payouts to a Seller in case of:
● Gross negligence or wilful misconduct from the Seller
● Suspicion of fraud
● Suspicion of sales of counterfeit and/or hazardous Products
● Repeated or serious breach of the Seller’s Terms and Conditions

16.3 What about the Seller’s debts?

In case of a Seller’s debt, bank transfers using a direct debit mandate (SEPA mandate)
are mandatory.

16.4 When should a dispute about Back Market invoices be raised?

The Seller must notify Back Market of any dispute about 1 or more Back Market invoices
no later than 3 months after the invoice(s) issue date. If the Seller fails to meet this
deadline, they will be time-barred.

Brief summary:
The flat fee is invoiced once a month, on the 26th. By the end of 2024, Back Market
will invoice you for services and pay you every 7 days (on Wednesdays), except for
orders shipped in the last 7 days. If you owe any money, Back Market will take it from
your account balance. Note that if you break any requirements or are suspected of
fraud, Back Market can stop any payments.
If you see an issue with an invoice, notify Back Market within 3 months.

17. Security Payment (Deferred Payout)

17.1 What’s the security payment?

To allow the Seller to meet their obligations towards Buyers and Back Market, in
particular as a result of legal guarantees and commercial warranties, cancellation rights
of Buyers, etc. The Seller agrees to keep a sum of money, the security payment, in their
Virtual Wallet.

The security payment is withheld from the Seller for as long as they are active on the
Marketplace and up until a delay of 13 months after they have exited the Marketplace (or
24 months for sales in countries where the commercial warranty lasts for 24 months).

If the Seller has several Virtual Wallets, a security payment will be withheld from each of
these Virtual Wallets in the corresponding currency.

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17.2 How is the security payment amount calculated?

The security payment amount is determined based on several factors: the number of the
Seller's sales and Trade-in orders, the Seller’s financial data (sourced from independent
financial databases), the number of requests from Buyers/Individuals, the rate of
refunds made in relation to requests from Buyers/Individuals, and the length of the
relationship with the Seller.

The amount of the security payment varies according to these criteria, which are further
detailed in the Seller Support Center.

In case of a change to these criteria that affects the amount of the security payment,
Back Market will inform the Seller in writing at least 10 days in advance. The Seller may
see the security payment amount every time it is updated by checking the Back Office.

The reasons that can justify a raise of the security payment are also detailed in the
Seller Support Center.

After closing the Seller Account, the security payment will be released gradually as
described in Article 19.2.

Brief summary:
We'll hold some of your money in your virtual wallet to cover refunds and warranties.
If you stop selling on Back Market, we'll hold that security payment for 13 months (or
24 months in some places).
We calculate the amount of your security payment based on your sales and Trade-in
orders, financial data, customer service requests, and refunds. If we make any
changes to this calculation, we'll notify you. You can track your amount online.

27
 PART V - NON COMPLIANCE AND CLOSURE OF
ACCOUNT

18. Restriction and suspension

The rules applicable to restriction and suspension are described in this table:

Situation Restriction (or limitation) Suspension

Description The Seller's transactions on the Marketplace The Seller’s access to their Seller Account
are limited in terms of the number of Products and Back Office is limited and/or some or all
they can offer for sale or Trade-in. of their Products for sale are no longer
visible on the Marketplace.

Grounds ● Breach by the Seller of their obligations under these Seller’s Terms and Conditions (in
particular the obligations resulting from Article 3 “How to onboard with the Marketplace?”,
Article 5 “Use of the Seller Account”, Article 6 “Sales”, Article 7 “Trade-ins”, Article 8
“Content, Creation of a Product Sheet and Listings”, Article 10 “Quality standards” to Article
17 “Security payment (Deferred Payout)”, Article 22 “Confidentiality”, Article 23 “Intellectual
Property”, Article 28 “Ethics, Anti-corruption, Money Laundering”, or the appendices
thereto (the Quality Charter)
● Breach of the Seller’s legal and regulatory obligations
● Counterfeiting or risks related the safety of Products
● A Seller’s debt
● Inactivity for more than 1 month
● Several Trade-in chargebacks covered by Back Market and not reimbursed by the Seller

The restriction or suspension will be proportionate to the type and/or the number of
breaches by the Seller.

Process Back Market will notify the Seller no later than 24 hours before the restriction or suspension
takes effect, except if:
● The Seller has already been warned by Back Market that their breach may lead to the
restriction or suspension of their Seller Account.
● The breach is sufficiently serious
● The breaches are multiple and require immediate actionThe notice will specify the
restriction or suspension implemented and the reasons that led to the restriction or
suspension, except if Back Market is subject to a legal or regulatory obligation not to
disclose such reasons.

Specific ●Specific suspensions and limitations apply when a Seller’s sales quality indicators
processes regarding defective, appearance, or delivery significantly lag behind the Sellers’ average,
as described in the Seller Support Center here
●Specific suspensions and limitations apply when a Refurbisher’s Trade-in quality indicators
are below defined limits , as described in the Seller Support Center here.

28
Challenge The Seller may challenge the restriction or suspension, and Back Market may decide to
revoke its decision. However, Back Market’s silence following the Seller’s challenge should be
interpreted as a decision to maintain the suspension and/or restriction

Brief summary:
There are some things that can get your account in trouble, like not following
requirements in the Seller’s Terms and Conditions, selling counterfeit products,
being inactive for more than a month, and more. We have processes for account
restriction and suspension to keep everything fair and above board.

19. Termination (Exit)

19.1 What’s the exit process

Termination of the contractual relationship may apply to Sales and Trade-in activities or
to Trade-in only. Termination of sales activity, also called closure of the Seller Account,
automatically entails the closure of Trade-in activity, since Sellers are not allowed to
carry out Trade-in only, in accordance with Article 7.

Reason Process Notice period

Closure at Seller’s initiative

Closure for any reason Notice to Back Market by email Closure will take effect as soon
The Seller is free to close their Account at to your point of contact and as Back Market confirms receipt
any time. business@backmarket.com. of the Seller’s notice and within
The Seller can use voluntary exit a maximum of 2 weeks.
forms.

Closure at Back Market’s initiative

Closure due to Seller’s breach of any of Notice from Back Market Closure will take effect at the
their legal obligations or Seller’s Terms end of a 30-day notice period.
and Conditions. Depending on the severity of the
● Applicable in particular in case of breaches, the Seller Account
breach of: Article 3 “How to onboard may be suspended or limited
with the Marketplace?” during the notice period.
● Article 5 “Use of the Seller Account”
● Article 6 “Sales”
● Article 7 “Trade-ins”
● Article 8 “Content, Creation of a
Product Sheet and Listings”
● Article 10 “Quality standards” to
article 17 “Security payment
(Deferred Payout)”
● Article 22 “Confidentiality”
● Article 23 “Intellectual Property”

29
 ● Article 28 “Ethics, Anti-corruption,
Money Laundering”
● The Quality Charter
Applicable in case of repeated
suspensions, or if last chance failed, in
accordance with article 18 above.

Closure for a Seller’s debt Notice from Back Market Closure will take effect at the
Applicable if the Seller’s sums owed to Back end of a 30-day notice period.
Market exceed 5,000 € or if the Seller has To avoid increasing the Seller's
received at least 2 reminders. debt, the Seller Account may
also be suspended or limited
during the notice period.

Closure for inactivity or low activity Notice from Back Market Closure will take effect at the
Applicable when (i) the Seller has not made end of a minimum 30-day notice
a transaction on the Marketplace for a period. The Seller Account may
minimum period of 3 months or (ii) the Seller be suspended or limited during
has not achieved made a sufficient volumes the notice period.
of sales during this 3-months period (.the
Seller will be notified beforehand about the
minimum volume of sales applicable).

Immediate closure Notice from Back Market, None — immediate closure

Applicable if Back Market (i) is subject to a except if Back Market is subject
legal or regulatory obligation or imperative to a legal or regulatory
to terminate the provision of all its Services obligation not to disclose such
in a manner that does not allow it to observe reasons.
this 30-day period, (ii) can provide evidence
that the Seller has repeatedly infringed
upon their obligations, or (iii) can prove that
the Seller committed a serious fault that
prevents the continuation of the
commercial relationship, for instance in
case of illicit content, risks related to
Product safety, counterfeiting, fraud,
malware, data breaches, etc.

Closing in the absence of a breach Notice from Back Market Closure will take effect at the
end of a notice period, the
duration of which takes into
account the length of the
contractual relationship
between Back Market and the
Seller and which shall not be less
than 30 days.

Notice from Back Market will detail the reason that led Back Market to take the decision
to close the Seller Account and the obligation(s) that the Seller has breached.

30
The Seller may challenge Back Market’s decision to close the Seller Account, as a result
of which Back Market may decide to revoke its decision. Back Market’s silence following
the challenge by the Seller should be interpreted as a decision to continue to close the
Seller Account.

19.2 What are the consequences of termination?

Closure of the Seller Account means that the business relationship between Back
Market and the Seller is terminated. Thus, the Seller can no longer sell or trade in
Products.

The monthly lump sum, the Customer Care by Back Market fee, the Instalment-Payment
Fee, and the PayPal Services will no longer be applicable after closure of the Seller
Account. The commission and Trade-in logistic fees cease to be due after the Seller has
confirmed that their last Product was dispatched. If the Seller had subscribed to
BackShip or BackRepair Services, those Services will continue to apply to the after-sales
Customer Service and be invoiced.

Some obligations survive the closure of a Seller Account and the termination of the
agreement between the Parties, such as executing and monitoring outstanding orders,
providing complete and adequate responses to any request by Back Market so Back
Market can continue to handle Sales and Trade-in Customer Service on the Seller’s
behalf.

If a Seller, no longer active on Back Market Marketplace, fails to respond to Back Market
for over a week or discontinue handling Trade-in and/or Sales Customer Service
requests, Back Market will, after issuing an ineffective prior notice, handle all Buyers or
Individuals claims on their behalf and at their cost. This includes managing returns,
providing repairs or replacements solutions (when applicable) or issuing refunds to
Buyers.

If the Seller does not update their address following a prior written notice, Back Market
also reserves the right to change the Seller’s return address to that of Back Market’s
repair or recycling partner, based on the Seller's location.

Products that can't be delivered to the Seller due to an incorrect address registered in
the Back Office by the Seller will be sold, donated or recycled, following a prior written
notice.

Except in the case of serious misconduct or wilful negligence, the Seller will retain
access to the Back Office and Seller Support Center after their Seller Account has been
closed, so that they have access to all invoices and customer service requests.

Any security payment withheld by Back Market on the date the Seller Account is closed
will be used to pay for the costs of replacements, repairs, refunds made under applicable
warranties, and to compensate any amount that the Seller owes to Back Market.

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Any remaining amount will be paid out to the Seller, gradually and will be fully paid out 13
months after the closure of the Seller Account (except for sales in Spain and Portugal,
where the corresponding deposit will be paid out 24 months after closure), in
accordance with the rules specified in the Seller Support Center.

If the Seller owes a debt to Back Market at the date of closure, after at least 1
unsuccessful formal notice sent by Back Market, the Seller hereby expressly transfers
authority to Back Market in lieu of payment and authorises Back Market to sell, any of the
Seller’s Product Back Market may have in its possession. The value of the Seller’s Product
thus transferred to Back Market shall never exceed the amount of the Seller’s debt.

Brief summary:
We have strict processes and notice periods in place if you decide to close your
account or if Back Market closes your account.
Once your account is closed, you'll need to wrap up any remaining orders and help
with any after-sales service requests. You'll be able to access your account but
won't be able to sell products or buy Trade-in products. If you owe money, Back
Market will take your debt from your funds. Any leftover security deposit will be paid
out to you over 13 months (or 24 months in some places).

20. Liability and Complaints

20.1 What’s Back Market liability regarding the Services?

Back Market will use its best efforts to ensure the availability of the Services . Back
Market is not responsible for temporary unavailability of the Marketplace, the Back
Office, and the Services due to technical problems, malfunctions, outages, delays, or
interruptions related to the Internet, unless caused by gross negligence or wilful
misconduct from Back Market. Back Market may occasionally suspend or limit their
access to perform repairs or maintenance and/or add a new feature or service, with a
prior notice to the Seller of at least 24 hours.

Back Market shall not be liable for any damages resulting from false and/or incorrect
information provided by the Seller and/or the Buyer.

20.2 What’s the liability of the Parties regarding the Content?

The Seller is solely responsible for the Content they provide, download, and/or upload via
or on their Seller Account and/or their Back Office and for their statements, actions,
conduct, and interactions with Individuals and with Back Market.

Back Market’s liability may only be sought in the event of a dispute (notably infringement
actions) relating to the information stored on the Marketplace (texts, images, photos,
brands, logos, etc.) if Back Market did not promptly react to remove them or prevent
access to such information after receiving a notice in accordance with applicable law.

32
If a Seller is informed that any of the Content is illegal or contrary to the Seller’s Terms
and Conditions, then the Seller must remove such Content within no more than 1
business day. The Seller also undertakes to notify Back Market of any Content,
statement, action, or conduct that is unlawful or contrary to the Seller’s Terms and
Conditions that they become aware of, by sending an email to:
business@backmarket.com and legal-sellers@backmarket.com.

20.3 What’s the liability of the Parties regarding the Products?

The Seller has sole liability for any direct or indirect, material or immaterial damage and
loss they may cause to Buyers and to any third party, and the Seller assumes full
responsibility with regard to the Product(s) they offer for sale through the Marketplace,
in particular regarding warranties that, according to the laws and regulations, rest with
the Seller or the manufacturer.

While Back Market engages and supports Sellers in achieving the highest level of quality
control over the Products they sell, Back Market declines any responsibility relating to
the sale concluded between the Seller and the Buyer on the Marketplace. Thus, the
Seller will hold Back Market harmless against any request, claim, or action in connection
with the sale, in particular as regards the conformity of the Products, the description and
conformity of the sale offer, the availability of the Products, Product safety, Products’
ownership, and intellectual and industrial property rights.

If a Product does not comply with the Seller’s Terms and Conditions or applicable
regulations, Back Market may require the Seller to take all necessary measures toward
Buyers, including (i) withdrawal, recall, or destruction of the Products and (ii) refund of
the Buyers. If the Seller fails to comply, and for the purposes of preserving the rights
and/or safety of Buyers and/or their confidence in the Marketplace, Back Market may
take all necessary measures on behalf of the Seller.

Back Market’s management of the Customer Service on behalf of the Seller does not
exclude or limit the Seller's liability toward Back Market or the Buyer, particularly with
regard to shipping and delivery times, packaging rules, warranties, and repair or
replacement of non-compliant Products. Back Market may only be liable in case of
violation of its obligations regarding the responses and solutions provided to requests
and complaints from Buyers.

20.4 What limitations and exclusions apply?

Back Market’s liability may only be sought in case of direct damages suffered by the
Seller as a result of a breach of Back Market’s contractual obligations.
The Seller waives their right to claim compensation from Back Market for any indirect
damages such as loss of profit, loss of opportunity, and commercial or financial loss
resulting from the performance of the Services (including optional Services).

33
Back Market's liability to the Seller, on any the basis thereof, may not exceed an amount
equal to the sum of the commissions (excluding taxes) received by Back Market during
the 12 months preceding the occurrence of the damage triggering Back Market’s liability;
provided, however, that this limitation of liability shall not apply in the event of gross
negligence or wilful misconduct on the part of Back Market. This Article survives the
termination of the agreement between the Parties.

Brief summary:
Back Market reserves the right to fix or update services while notifying you ahead of
time. We're not responsible for any delays, issues, or wrong details provided by you
or the customers.
You're responsible for any information you provide and your professional behaviour. If
you discover inaccurate information or witness unlawful conduct, contact us
immediately. You're responsible for any issues with your products. If you don't step in
to fix an issue, Back Market might step in on your behalf. While we cover customer
service, we're not responsible for after-sales issues like shipping, packaging,
warranties, and more.
Back Market is only responsible for direct damages caused to you. We're not
responsible for indirect damages like loss of money or opportunity because of
service performance.

21. Seller’s complaints

Through the Seller Support Center, Sellers have access to a free complaint processing
system through which they may submit any complaint or support request.

Back Market undertakes to process and respond to any requests made by a Seller
through this processing system in a personalised manner and within a period which
varies between 2–10 business days, depending on the significance and complexity of the
request. Sellers can also send an email to legal-sellers@backmarket.com.

Brief summary:
You can ask for help or log a support request through the Seller Support Center or
email. We'll get back to you in 2–10 days, depending on the problem.

34
 PART VI - MISCELLANEOUS

22. Confidentiality

During the agreement between the Parties and for an additional period of 3 years, the
Parties undertake to keep any document, data, and commercial, legal, tax, and/or
technical information of which they became aware or to which they had access in the
course of their business relationship and which they should reasonably believe to be
confidential as strictly confidential (the “Confidential Information”). Each Party shall
ensure that this confidentiality obligation is complied with by all of their employees,
sub-contractors, or any other person involved in the performance of the agreement. In
particular, the Seller shall not disclose to Buyers any information obtained through the
Seller Support Center. If a Party wishes to disclose Confidential Information to any
person other than authorised persons, they must first (i) request the express
authorisation of the other Party, and (ii) if the other Party gives their authorisation,
obtain a strict confidentiality undertaking from the person to whom they wish to disclose
the Confidential Information.

By way of derogation, the Parties may disclose Confidential Information:

● To their Affiliate Companies, provided that they are subject to the same
confidentiality obligations
● To the extent such disclosure is required by a valid order or request of a court or
other governmental body having jurisdiction (including tax authorities)
● To the extent it is necessary to obtain enforcement of the other Party’s
obligations

Brief summary:
Please keep any documents or data confidential. Back Market will do the same for
you.

23. Intellectual Property

23.1 Seller's intellectual property rights

The Seller represents and warrants that they hold all intellectual property rights in the
Content they publish and the distribution rights in the Products they offer for sale via
the Marketplace.

By providing, downloading, and/or posting the Content and selling the Products on the
Marketplace, the Seller grants Back Market a free-of-charge, non-exclusive,
non-transferable licence (which may be sublicensed) for all countries in which Back
Market operates the Marketplace, to use, reproduce, represent, publish, make available,

35
communicate, modify, adapt, or display on the Marketplace and in any other media (in
particular on any physical or digital medium, in any press release, press kit, financial files,
presentation medium, promotional and/or advertising material, and on any website), by
any means, using any technical process, all or part of any Content and/or image, the
name or the description of a Product for the purposes of the proper execution of the
agreement between the Parties, and namely offering Products for sale, but also for the
purposes of storage, advertising, promotion, marketing, communication, public relations,
and for the purposes of creating partnerships or sponsorships with Back Market’s
partners. The Seller also grants Back Market the right to reorganise the Content.

23.2 Back Market’s intellectual property rights

The Marketplace, its content, the Back Office, the Buyer/Seller/Product databases, and
the technologies used by Back Market are Back Market’s exclusive property or the
property of third parties who have contractually authorised Back Market to exploit them.
The Seller is not entitled to reproduce, represent, publish, make available, communicate,
modify, adapt, or display all or part of the elements listed above without the prior written
permission of Back Market.

A person who publishes or operates a website and who wishes to create a direct
hypertext link to any of the websites from which the Marketplace is accessible must
obtain Back Market’s prior written authorisation. Such a hypertext link must be deleted
at Back Market’s first request. Hypertext links to one of the websites from which the
Marketplace is accessible that use techniques such as framing or insertion by hypertext
links (in-line linking) are strictly prohibited.

Brief summary:
You must promise that any content you publish is your own. Back Market gets to use
your content to help sell and promote products on the marketplace. Back Market
owns everything on the platform — not the physical products but the content,
databases, Back Office, and more.

24. Force Majeure

Neither Party shall be liable for any delay or failure to perform due to force majeure
events, including, but not limited to, acts of God, war, terrorism, riots, pandemics,
embargoes, or acts of civil or military authorities.

Brief summary:
No one's at fault for anything out of our control like acts of God, war, pandemics, and
more.

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 25. Independence of the Parties and economic
dependence

The Parties are not, and shall not be deemed to be, shareholders of any joint entity, and
each of them retains full freedom and responsibility for the management and operation
of their business. The Parties are independent contractors and not representatives or
agents of each other, and each of Back Market and the Seller personally administers
their company with the assistance of any employees of their choice.

Nothing in the Seller’s Terms and Conditions or any other contractual document
between the Parties shall be construed as granting the Parties the status of employer or
employee, partners, co-owners, or even participants in a joint venture.

Sellers shall ensure at all times that they balance the volume of their business realised
through the Marketplace with the overall volume of their business and that they are
never in a situation of economic dependence vis-à-vis Back Market. Sellers release Back
Market from all liability in connection with the choice they make at their own risk to place
and/or maintain themselves in a situation of economic dependence.

Brief summary:
You're a separate entity from Back Market and should do business as such.

26. Intra-group solidarity and assignment of contract

Each Seller is liable toward Back Market for their Affiliate Companies’ compliance with
these Seller’s Terms and Conditions. If an Affiliate Company fails to comply with one or
more of its obligations, the Seller must fulfil such obligations themselves upon Back
Market’s first request.

The positive balance in a Seller’s Virtual Wallet can be used to offset the negative
balance in the Virtual Wallets (i) of their Affiliate Companies, (ii) of Sellers whose
accounts are managed by and for the benefit of the same legal entity or individual, or (iii)
that belong to the same Seller. Additionally, if a Seller or their Affiliate Companies are
active on a marketplace operated by Back Market or their Affiliate Companies outside
Europe, the Virtual Wallet positive balance in one marketplace may offset the Virtual
Wallet negative balance in another.

These Seller’s Terms and Conditions and the Seller’s rights and obligations hereunder,
may not be assigned, subcontracted, delegated, or otherwise transferred by the Seller
without Back Market’s prior written consent, and any attempted assignment,
subcontracting, delegation, or transfer in violation of the foregoing shall be null and void.

37
Brief summary:
If you work with a third-party company that fails to follow Back Market's
requirements, you're responsible for making things right.

27. Notices and agreement on proof

Any notice of official communication given to a Party shall be in writing, in English or

French, and addressed as followed:
● For Back Market: Either by email at legal-sellers@backmarket.com with
business@backmarket.com copied or by registered letter to the registered office
● For the Seller: Either by email to the email address provided at the creation of the
Seller Account, to the email address subsequently provided by the Seller for
notice purposes, or by registered letter to the registered office

The Parties use a system enabling the electronic signature of all contractual documents
binding them. This system, which is published by DocuSign, is composed of a website
accessible at www.docusign.net, to which each of the Parties securely logs in after
having duly identified themselves. In this respect, the Parties undertake not to contest
the admissibility, enforceability, or probative force of any contractual documents bearing
their electronic signature on the grounds of their electronic format or nature.

Brief summary:
You can send any official communications to Back Market by email or mail. If you need
to sign any documents, you'll use DocuSign.

28. Ethics, anti-corruption, and money laundering

The Seller shall comply with the Ethics Charter available in the Seller Support Center,
which is of critical importance to Back Market.

Brief summary:
Keep it ethical at all times on Back Market.

29. Insurance

Sellers must maintain, for up to 2 years following the closure of their Seller Account, an
insurance policy with a company known to be creditworthy in their country of
registration, covering their professional civil liability in respect of their activities and in
particular in the event of damage occurring in connection with the transportation of
Products. Sellers shall provide Back Market, at its first request, with a proof of
subscription and validity of such insurance policy.

38
Brief summary:
Make sure you’re insured while selling on Back Market and up to 2 years after closing
your account.

30. Applicable law

These Seller’s Terms and Conditions, their appendices, and, unless otherwise specified,
all other contractual documents between the Parties shall be governed by French law.

Brief summary:
Everything in this document is protected by French law.

31. Mediation and litigation

31.1 Mediation

These Seller’s Terms and Conditions shall be performed in good faith by the Parties, who
undertake to examine together in the greatest spirit of cooperation any dispute that
may arise regarding their existence, interpretation, or performance. If their direct
negotiations fail, and before the matter is referred to the competent courts, the Parties
may initiate a mediation process:

● Either by resorting to the companies’ mediator, who can be applied to using this
site: https://www.economie.gouv.fr/mediateur-des-entreprises
● Or by resorting to the CMAP arbitration and mediation centre, which in such a
case, the Parties will be subject to the CMAP mediation rules and the fee scale in
effect available at https://www.cmap.fr/?lang=en)

The mediation shall not last more than 3 months unless the Parties agree otherwise. The
mediator’s fees shall be split between the Parties on a reasonable basis, as suggested
by the mediator.

All communications between the Parties under this mediation clause will be confidential
for an unlimited period of time, unless the Parties agree otherwise.

Brief summary:
If you have an issue with Back Market, we’ll try to work things out the best we can
before enlisting the help of a mediator.

31.2 Dispute

Any dispute that may arise between a Seller and Back Market in connection with the
Seller’s Terms and Conditions and other contractual documents between the Parties,
including the terms and conditions relating to additional Services, and, more broadly, in
connection with the use of the Marketplace, is subject to the exclusive jurisdiction of

39
the courts within the jurisdiction of the Paris Court of Appeal even in the event of
multiple defendants, third party proceedings, summary proceedings or ex parte
proceedings.

Sellers shall deal directly with any lawsuit, arbitration, mediation, or other dispute
resolution proceedings brought by a Buyer or a third party against them.

Brief summary:
If there’s ever a legal dispute between you and Back Market, the Paris Court of
Appeal will oversee it. If you ever have a legal dispute with a third party or customer,
you’ll have to deal with it directly.

40
 Optional Services Terms and Conditions

BACK MARKET

The PayPal Service, BackShip Service, BackRepair Service, and BackPricer Service are
hereafter referred to as “Optional Services”.

1. Common conditions applicable to Optional Services

1.1 Liability regarding Optional Services

Back Market shall not be held liable in the event of a breach by the third-party service
provider and/or the Seller and/or the Buyer of their obligations.

Back Market’s liability with respect to the Optional Services shall not exceed the price
(excluding taxes) paid by the Seller for the relevant Service during the 12 months
preceding the damage for which Back Market is held liable. This limitation of
responsibility shall not apply in case of serious misconduct or gross negligence by Back
Market.

1.2 Termination

The Seller subscribes to each Optional Service for an indefinite period of time.

Apart from the termination of the Seller’s Terms and Conditions (i.e., closure of the Seller
Account) the Parties may freely terminate each Optional Service by sending an email to
the other Party, subject to a minimum prior notice period of 1 month.

2. Specific conditions applicable to the PayPal Service

2.1 Scope

This service allows Sellers to benefit from the PayPal secured payment method at a
preferential rate from PayPal negotiated by Back Market. This service is operated by
PayPal.

The PayPal Service is governed by these Seller’s Terms and Conditions and this
appendix, as well as by the Paypal Terms and Conditions, accessible via the Back Office.

2.2 Price

41
The price paid by Sellers to Back Market for this service is specified in Article 15 “Financial
Terms” of the Seller’s Terms and Conditions. Sellers will not pay any additional fee to
PayPal to benefit from this service.

2.3 Automatic opt-in

Upon creation of their Seller Account, the Seller will automatically subscribe to the
PayPal Service in the countries where this Service is available. The Seller shall not offer
Buyers to pay with PayPal if the Seller has opted out or terminated the PayPal Service
offered by Back Market.

3. Specific conditions applicable to the BackShip Service

3.1 Scope

This service allows Sellers to benefit from transportation services at a preferential rate
negotiated by Back Market. This service is operated by third-party shipping providers.
Back Market will transmit all information, warnings, demands, and instructions of the
Seller to the shipping providers and put shipping providers in a position to carry out the
delivery.

The BackShip Service is governed by these Seller’s Terms and Conditions and this
appendix, as well as the general terms and conditions of each shipping provider, which
are listed in the Seller Support Center.

3.2 Price

The price paid by Sellers to back Market for this service is specified in Article 15 “Financial
Terms” of the Seller’s Terms and Conditions. No other payment is due from Sellers to
shipping providers for this service.

Sellers are invoiced based on an estimation of the BackShip Service fees. Back Market
uses data to best calculate this price. The estimated price may not match the final price
(e.g., if the weight of shipments determined by Back Market to estimate the price for the
Service differs from the actual weight of Products shipped), and Back Market will adjust
the price by crediting or debiting the difference on the Seller’s next invoice. The
adjustment will appear on the invoice with the order number.

3.3 Information to be provided

The Seller must provide the following information: (i) the address of Pick-Up (i.e., the
place of the removal of the Products by the shipping provider or by their designee), (ii)
the format in which they wish to receive labels to affix to parcels, and (iii) the time
necessary to prepare their orders. Back Market may also seek additional information

42
necessary for the performance of the BackShip Service, which the Seller undertakes to
provide promptly.

The Seller shall bear the consequences of providing documents and/or making
statements that are false, incorrect, incomplete, unsuitable, or late.

3.4 Preparation of Products

The Seller shall be responsible and liable for all operations prior to Pick-Up. The Seller
undertakes to (i) wrap and pack the Products in parcels of a suitable size (the size of the
parcel must be consistent with the size of the Products), (ii) print labels from their Seller
Account on the Marketplace, and (iii) affix such labels to the packages, ensuring that the
labels remain in position and legible for the shipping provider regardless of weather
conditions.

The Seller shall prepare the shipment so as to (i) withstand all conditions of
transportation as well as pickup, storage, handling, and delivery, and (ii) avoid loss and/or
damage.

The Seller undertakes to comply with IATA regulations. The Seller may contact Back
Market if there is any doubt or question about the Products to be shipped by emailing
transport@backmarket.com.

The Seller shall not ship dangerous Products. The shipment must not endanger any
persons, other transported goods, vehicles, equipment, or the means of transportation
used.

3.5 Dispatch

The Seller will make the parcels available, at the address and time specified. In this
regard, the Seller undertakes to give the shipping provider access to an open or covered
area so that the shipping provider may effectively (i) verify the shipment, (ii) count the
number of parcels, and (iii) safely load the shipment.

Whenever they are required to do so under domestic or international laws and

regulations applicable to dangerous goods, the Seller undertakes to promptly provide
the shipping provider with any required information and/or instructions and/or
documents.

3.6 Limited protection of Sellers (premium option)

In addition to the Sellers’ protection for returned Products (see the “Protection of
Sellers” article of the Seller’s Terms and Conditions), which is automatic and limited to
returns of Products from Buyers to Sellers, Sellers may opt for a similar optional
protection (Premium option) for the forward shipment of their Products.

43
The protection offered for forward shipment is the same as the one automatically
offered for returns (same amount covered, same limitations and exclusions), as
specified in the “Protection of Sellers” article of the Seller’s Terms and Conditions,
except that the conditions for reimbursement differ as follows:

Situation Lost Delivered but Empty package Product damaged in

Products not received or transit
wrong Product

Conditions for ● Support request made within 2 business ● Support request is

reimbursement
days after the Seller has been made aware via made within 2
the Back Office that the tracking has not business days after
been updated for 15 days/after the date the delivery
Product appears as delivered in the Back ● Seller proves the
Office/after delivery Product was
● Buyer refunded properly packaged
● No return of the Product and no delivery at a with care according
collection point to Back Market’s
● For lost Products where there is no tracking: guidelines available
Seller shall also provide a proof of handover here in the Seller
Support Center

The price of the Premium Option is specified together with the price of the BackShip
Service in the Seller Support Center here.

3.7 Liability

Back Market’s additional exclusion of liability

Back Market shall not be liable for any damage occurring during transportation, as Back
Market’s involvement is limited to referencing shipping providers for Sellers at negotiated
pricing conditions. No compensation for late delivery shall be due by Back Market to the
Seller, and Back Market shall not be liable for non-delivery or delivery error due to false
and/or incorrect information provided by the Seller and/or the Buyer.

Seller’s Liability
The Seller shall indemnify and hold Back Market harmless from and against any claims of
liability, damage or loss attributable to the Seller as a result of their failure to fulfil their
obligations or those resulting from domestic or international laws and regulations
applicable, in particular those relating to dangerous products. The Seller understands
and accepts that the shipping provider has a direct right of action against the Seller if, in
its capacity as shipper, the Seller causes loss or damage to the shipping provider as a
result of the Seller’s failure to comply with the domestic or international regulations
applicable to dangerous products.

44
The Seller shall be personally responsible for taking out insurance covering the
transportation of Products and damages that may be caused by the Products during
transportation.

4. Specific conditions applicable to BackRepair Service

4.1 Scope

Back Market provides to the Seller, directly or through a subcontractor, the following
services:
● A full diagnosis, made available upon request, showing whether/which repairs are
necessary
● Performance of repairs that such diagnosis showed were necessary
● Performance of repairs as detailed in the Seller Support Center here
● Shipment of the Product to the Buyer’s address if repaired or to the Seller’s
address if non-repairable
● Monthly reporting

The BackRepair Service is governed solely by these Seller’s Terms and Conditions and
this appendix.

The shipment of Products back to the Seller under the BackRepair Service shall be
operated by a shipping partner of Back Market, in accordance with the BackShip Service,
to which the Seller subscribes at the same time as subscribing to the BackRepair
Service.

4.2 Price

The price paid by Sellers to Back Market for this service is specified in Article 15 “Financial
Terms” of the Seller’s Terms and Conditions.

4.3 Information to be provided

The Seller will promptly provide Back Market with all information and documents
necessary for the proper performance of the BackRepair Service.

4.4 Rebound and compensation

For any Product repaired through BackRepair, Back Market will be responsible for any
repair concerning the same defect for a period of 12 months following the repair.

The specific instances where compensations are provided by Back Market are outlined
in the Seller Support Center here.

45
4.5 Unrepairable Products

If a defect prevents the performance of the BackRepair Service (Product is not

repairable) or leads to additional fees, Back Market will notify the Seller and:
● If the Product is not repairable, the Product will be sent back at the Seller’s
expense.
● If the repair involves extra fees:
○ If Seller refuses to bear such extra fees, Product will also be sent back at
the Seller’s expense.
○ In the absence of instructions from the Seller on the extra fees within 72
hours, Back Market may take the decisions and initiatives it considers
appropriate. In this case, the Seller will solely bear the possible
consequences and costs of Back Market’s decisions and initiatives.

4.6 Subcontracting

Back Market is expressly authorised to subcontract all or part of its obligations under the
Optional Service. Back Market remains liable to the Seller for the performance of the
BackRepair Service by its subcontractor(s).

46
 Quality Charter
BACK MARKET

The Quality Charter is available in the Seller Support Center here.

47
 SELF-CERTIFICATION

The undersigned, representing the Seller, hereby certifies that:

- The Seller acknowledges full compliance with all relevant European Union
regulations concerning the products it offers for sale, specifically including the
requirements on general product safety;
- The Seller undertakes to offer for sale on Back Market only Products (as defined
in the Seller T&Cs) compliant with all applicable European Union regulations,
including but not limited with the rules of the Regulation (EU) 2023/988 on
general product safety,
- The Seller commits to provide all accurate identification information in
accordance with Article 30(1) of Regulation (EU) 2022/2065.

Signed electronically on (date) _________________

Signature:

Seller Company:

Registration number:

Duly represented by:

Title:

48
 DEFINITIONS
Affiliate Any economic entity, which controls a Party, is controlled by a Party, or is, together with
Company a Party, under the common control of another company

Back Market The agent, either an employee of Back Market or of its subcontractor, managing the
Agent Seller’s Customer Service on behalf of the Seller

BackBox The algorithm that classifies the Products on the Marketplace

Back Office The interface accessible online which enables the Seller to manage their activities on
the Marketplace and their relationship with Back Market

Buyer(s) Any person who purchases Products from Sellers via the Marketplace

Trade-in The service offered by Back Market to allow Individuals to connect with and sell their
Service electronic Products to Refurbishers

BackRepair The service offered by Back Market to provide Sellers with high-quality repair solutions
Service , carried out by third-party suppliers

BackShip The service offered by Back Market to provide Sellers with a transportation service,
Service carried out by third-party shipping partners.

Content Any content including any Product, data, information, text, description, comment,
name, pseudonym, brand, trade name, corporate name, sign, logo, photograph, image,
drawing, sound, video, etc., originating from or supplied by the Seller and statements
and actions of the Seller on the Marketplace and any interactions of the Sellers with
the Buyers and/or Back Market

Customer The management of Buyers and Individuals’ service requests and complaints relating
Service to Products sold on the Marketplace

Exchange Rate The last monthly average euro exchange rate published by the Banque de France on its
website on the date of the foreign exchange transaction (more information can be
found here

GDPR EU regulation 2016/679 from 27 April 2016

Individual(s) Any natural person who uses the Trade-in Service to sell their product to a Refurbisher

Marketplace The website and applications that Back Market operates in Europe

Party(ies) Individually, Back Market or the Seller, and, collectively, Back Market and the Seller

49
Personal Data Any information relating to a natural person who is identified or identifiable; a natural
person who can be directly or indirectly identified, notably by reference to an identifier,
such as a name, an identification number, location data, online ID, or 1 or more factors
that are specific to their physical, physiological, genetic, psychological, economic,
cultural, or social identity, is deemed to be an “identifiable natural person”

Products Refurbished electronic products or accessories to electronic products, that is,

pre-owned products (or used as display models) that have undergone a complete
verification to ensure their safety and proper functioning to fit for the purpose for
which consumers may legitimately expect them to be used, with, if necessary, a
technical intervention to restore them to a condition similar to their original (repair,
replacement of parts, small components, etc.). This includes the deletion of all data
recorded or stored in connection with a previous use or a previous user, before the
product or part changes ownership.

Product Sheet This means the Product description sheet, which shall include at least the price
expressed in euros (or in pounds) with all taxes included , a photograph of the Product,
a description of the Product’s essential characteristics, including, but not limited to,
the brand, model and condition of the Product.

Quality Charter The appendix to the Seller’s Terms and Conditions which specifies the Parties’
or Charter obligations from an operational point of view

Refurbisher(s) The Seller when acting in the framework of the Trade-in Service and purchasing
Products sold by Individuals in order to refurbish and resell them
Seller(s) Any professional who offers Products for sale on the Marketplace

Seller Account Seller’s personal interface made available by Back Market through which the Seller
manages their activity on the Marketplace

Seller’s Terms These terms and conditions

and Conditions

Seller Support The digital space available to Sellers via their Back Office, under the “Seller Support”
Center tab, that includes a FAQ section, with articles designed to help Sellers find answers
on any question they may have regarding the Marketplace and a free complaint
processing system

Services All the services offered by Back Market on the Marketplace and additional optional
services, such as, for example, the service of connecting Buyers with Sellers, the
provision of the Back Office, the Customer Care by Back Market Service, the Trade-in
Service, the Instalment-Payments service, the BackRepair Service, the BackShip
Service, etc.

Virtual Wallet The Seller's virtual account in which all financial transactions related to their business
on the Marketplace are recorded

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