Other legal information

Capitalized terms have the meaning given to them in the general terms of use, see them here

Table of contents

1. Functioning of the Platform

2. Conditions for referencing, de-referencing, and ranking

3. Information on reviews posted on the Platform

4. Dispute resolution

1. Functioning of the Platform 

1.1 Setting up relationships

The "Back Market" marketplace is a platform made available by the company JUNG S.A.S. via the website www.backmarket.co.uk/en-gb, which allows :

• Consumers to buy refurbished electronic products from listed professional sellers (hereafter “Product(s)”) ;

• Private individuals, consumers, or professionals, to resell used electronic products to professionals, so that they can refurbish them for resale.

JUNG S.A.S. acts as an intermediary between the Sellers and the Buyers. It is in no way a seller or a buyer of the Products on the Platform, which are sold directly by the Sellers to the Buyers.

1.2 Financial terms and conditions

Buyers pay the price of their product directly on the platform via a trusted payment provider. The Sellers give JUNG S.A.S. a mandate to receive, in the name and on behalf of the Sellers, the amounts paid by the Buyers.

The prices of the products and the delivery costs are freely determined by the Sellers.

The Buyers also pay JUNG S.A.S. a service fee, the exact amount of which is stated before the Buyer confirms the order. 

Sellers must pay JUNG S.A.S a monthly flat fee and a commission on all confirmed transactions carried out on the Platform by the Seller. The amount of the commission is equal to a fixed rate of the amount of the transaction, including all taxes (including shipping costs).

1.3 Guarantees and insurance

The applicable legal guarantees and the commercial guarantee offered by the Sellers are specified in the commercial guarantee contract available under this link. 

To exercise their rights, the Buyer may log in to their customer account by clicking on the "Get help" button on the order concerned, or by filling in the contact form available under this link.

The Buyer also has the option, at the time of purchase, to take out breakage and theft insurance, the details of which are available here.

2. Conditions for referencing, de-referencing, and ranking

2.1 Referencing

The platform only lists professional sellers. To be able to offer products for sale on the platform, Sellers must open a seller's account and undertake to respect, in particular : 

• The applicable regulations;

• The platform's quality criteria in terms of logistics management (delivery times, stock management, quality of products delivered). These criteria are specified in the seller's general conditions and the quality charter; 

• The general conditions of sales are available here. 

Only offers relating to refurbished electronic products may be published by Sellers on the Platform.

2.2 Dereferencing

Jung S.A.S reserves the right to dereference a Seller, either for convenience or for a breach. 

The reasons for dereferencing for default may include :

• Non-compliance with the legislation in force; 

• Non-compliance with the general conditions of sale or the quality charter.

Jung S.A.S reserves the right to dereference products : 

• Whose marketing would be prohibited or illicit, 

• presenting a danger to health, safety, or the environment;

• which are not refurbished;

• offered by Sellers who have themselves been delisted.

2.3 Ranking of Products

2.3.1 Each Product on the Platform is listed within a Product category (e.g., smartphones, laptops, gaming consoles, smartwatches, home appliances etc.) and subcategories (e.g. for smartphones : Google Pixel, Iphones, Samsung Galaxy, Ipads etc.). 

On the Platform, Products can be highlighted under a “Best Seller” label considering the number of orders of the Product during the last  30 days. 

2.3.2 When a user on the Platform searches for a category or subcategory, the Products appearing on the result page are ranked considering the number of orders of the Product during the last 30 days. This ranking aims to highlight the most popular Products for the user search. 

For each category or subcategory, users can also refine their search by sorting results based on the following criteria:

• Most expensive to least expensive (“Price high to low”);

• Least expensive to most expensive (“Price low to high”).

2.3.3 When a user searches for a specific Product on the Platform, a single Product from a single Seller is displayed for each Product type across the possible grades. This means that only one Seller is presented as offering the Product to the Buyer. In other words, for each product grade, only the best value for money Product is displayed to the user. 

The determination of the Product displayed is made according to an algorithm which takes into consideration on the one hand the price of the product and on the other the following quality criteria. 

The quality criteria taken into account by the Platform's algorithm for the raking are the following (in order of importance): 

• Aesthetic Defect Rate

• Wrong Product Rate

• Defective Product Rate

• Wrong Accessories Rate

• Late Delivery Rate

Under no circumstances can a Seller influence this classification or pay any remuneration (direct or indirect) to JUNG S.A. S  in order to be ranked on the Platform. The ranking is carried out exclusively by an algorithm according to the above-mentioned fixed criteria (price and quality of the Product). 

3. Information on reviews posted on the Platform 

3.1. Submitting reviews

 Buyers who have placed an order on the Platform may submit a review on the Product(s) they bought and its delivery.

The review must  include a rating from 1 to 5 and a textual comment. If Buyer wishes, and subject to the rules described below, they can include photographs to illustrate their review. 

For certain Products, the Buyer may give specific ratings (quality/price ratio, delivery, packaging and cleanliness, overall performance, aesthetic aspect).

The Buyer can submit a review by clicking on the link in the email sent to him/her for this purpose approximately 1 week after the delivery of his/her Product. They can also submit a review via their customer account, by clicking on the "My Orders" tab. 

No compensation is provided by JUNG S.A.S. in exchange for a review.

When submitting a review, the Buyer undertakes to comply with applicable laws and regulations. In particular, the Buyer declares to be the sole author and holder of any copyrights attached to the review (photos, images, or texts), or to have obtained the express consent of the rights holder for its distribution. The Buyer guarantees that the review they submit does not infringe on intellectual property rights or any other third-party rights.

By submitting a review, the Buyer grants JUNG S.A.S a free, non-exclusive, worldwide license for the entire legal duration of intellectual property rights from the date of submission of the review, to reproduce, publish, display, distribute, modify, translate, adapt, and exploit all or part of the review, by any technical and/or digital means known or unknown to date, in any format and on any type of media. In particular, the Buyer authorizes JUNG S.A.S to reproduce and distribute the review on the following media:

• JUNG S.A.S and affiliated companies websites, applications, blogs, social media;

• Internal communications within JUNG S.A.S and affiliated companies;

• Emails and newsletters sent to customers and prospects;

• Advertising and promotional materials;

• Third-party sites and applications of JUNG S.A.S and affiliates.

3.2. Publication and ranking of reviews

Only reviews on Products purchased via the Platform are published. The maximum time between the submission of a review and its publication is 1 business day. 

When the review includes one or more photographs, the photographs are published later than the comment and rating, and within a maximum of 7 business days from their submission.

Reviews are ranked by default by our algorithm, taking into account, in particular, the rating,  the length of the review and the inclusion of photographs. 

Users can sort the reviews by chronological order, relevance, highest rating, and lowest rating, depending on the user's choice. 

If they have not been moderated according to the rules defined below, reviews remain online for a duration of 12 months, or for as long as the Products they concern are offered for sale on the Platform. 

Reviews are automatically translated into the languages of the countries where JUNG S.A.S or its affiliates operate. Translated reviews indicate the original language and the country of purchase.

3.3. Modification and deletion of a review

Within thirty (30) days of receiving a product, Buyers may modify their review via their customer account, by clicking on the "My Orders" tab, or by clicking on the link in the review collection email.

Buyers may also request the deletion of their review at any time by sending their request to the email address accessible under this link. 

3.4. Moderation of Reviews

3.4.1. Moderation Rules

Positive or negative reviews are published automatically on the Platform without prior moderation before publication.

However, photographs are subject to prior moderation by JUNG S.A.S. before their publication. This moderation is carried out by human control. If any photographs are found to violate the rules defined below, none of the photographs will be published.

In any case, and after publication, JUNG S.A.S reserves the right to remove a review or photographs that violate the following rules at any time according to the following moderation criteria.

3.4.2. Moderation Criteria

JUNG S.A.S may moderate - i.e. not publish or remove a review after publication - on its own initiative or upon request of a third party, any defamatory, insulting, abusive review or photograph, or one that violates JUNG S.A.S moderation rules, particularly in the following cases:

• The review or photograph is used for advertising purposes or contains advertising elements.

• The review or photograph is published several times or with different accounts.

• The review or photograph is off-topic (e.g., comment or photograph unrelated to the purchased product).

• The review or photograph is about another product. 

• The review or photograph encourages a purchase from a competitor.

• The review or photograph contains comments or content that are political or social, abusive, obscene, offensive, sexually explicit, may be considered defamatory, or the review amounts to personal attacks.

• The review is false, misleading, or written by a Seller.

• The review or photograph is illegal or links to illegal content.

• The review or photograph infringes on third-party rights, including any right to image and respect for privacy and intellectual property rights (e.g., the review contains a photograph showing an individual's face, even partially, or any other personal or confidential data). 

• The review or photograph was published as a result of identity theft.

• The review or photograph contains personal data or confidential information. 

• The review or photograph incites hatred, discrimination, homophobia, xenophobia, racism, or violence.

• The review or photograph can be considered to violate laws and regulations in force.

The request for the removal of a defamatory, insulting, or abusive review as described above can be made by any third party to the following address accessible under this link. 

Requests for removal of reviews are processed by our staff. When moderating reviews, JUNG S.A.S. will proceed objectively according to the above-mentioned moderation criteria, i.e. based solely on factual considerations and irrespective of the person of the respective author of the review. In doing so, JUNG S.A.S. will respect the freedom of expression of the Buyer and at the same time take appropriate account of any conflicting rights and interests of third parties. 

JUNG S.A.S notifies the Buyer by email when all or part of the review is not published or is removed and indicates the reasons why. The Buyer may challenge this decision using the form accessible under this link. The Buyer must indicate the date of the review and the associated order number.  

In the event of serious or repeated violations of the moderation rules, JUNG S.A.S. reserves the right to temporarily or permanently block the Buyer's account. The Buyer will be informed immediately about the blocking which shall remain a measure of last resort. The Buyer may challenge this decision using the form accessible under this link.

4. Dispute resolution 

In the event of a dispute relating to the formation, conclusion, execution, interpretation, or validity of the terms of use or the relationship with JUNG S.A.S., the Buyer and JUNG S.A.S. are invited to take the necessary steps to reach an amicable resolution of their dispute.

The Buyer is informed that he/she can, if he/she wishes, have recourse free of charge to a consumer mediator for the amicable resolution of the dispute with JUNG S.A.S. In this respect, Buyers may use an alternative dispute resolution of their choice.  The Buyer is informed that JUNG S.A.S is not part of any alternative dispute mechanism scheme, and is not required to engage in an alternative dispute resolution. 

If the Buyer does not wish to benefit from an alternative dispute resolution, if the alternative dispute resolution procedure has not been successful or in the event of the failure of other steps that the Buyer could have taken to try to reach an amicable resolution of his/her dispute with JUNG S.A.S., the Buyer may refer the matter to the competent jurisdiction of the place where he/she lived at the time of the conclusion of the contract or of the occurrence of the harmful event, of the place where JUNG S.A.S. has its registered office or of the place of the actual delivery of the Product.