Term Conditions Page

1. Buyer Terms and Conditions

Introduction

Market Place is a service offered by FNAC DIRECT SA, Headquarters: Flavia 9 rue des bateaux-lavoirs 94768 Ivry-sur-Seine Cedex, RCS Créteil B 377 853 536, VAT No. FR 93377853536

Fnac Direct has set up a Market Place on www.fnac.com (hereinafter referred to as the "Site") for major buyers (hereinafter referred to as "Buyers" or "You"), who, upon registration, will connect with vendors, professionals also registered on the Site (hereinafter referred to as "Vendors"), to purchase new and used products (hereinafter referred to as "Products") offered at a firm price (hereinafter referred to as the "Service").

In order to benefit from the Service, the Buyer shall agree to these Buyer Terms and Conditions (hereinafter "Buyer Terms") without restriction or reservation. The Buyer shall prove his agreement by a click of approval during registration on the Service.

Sales carried out through the Service between Buyers and Vendors shall be governed by the General Sales Conditions (hereinafter "Sales Conditions"), which the Buyer shall also be subject to for each purchase. They shall supplement these Buyer Terms.

Fnac Direct invites you to take a look at the Sales Conditions by clicking here: General Sales Conditions .

1. Subject

These Buyer Terms are aimed at laying down the conditions under which Fnac Direct, through the Service, provides Buyers with technological tools to purchase products from Vendors.

2. Description of the Service

The Service shall consist of a set of tools which enables Buyers to get registered on the Site, liaise with Vendors, place orders for Products, set Product prices, confirm receipt of Products, and communicate with each other using an available messaging tool.

It shall also consist of a rating system which will allow the Buyer to assess the quality of his relations with Vendors.

Transactions conducted via the Service for the purchase of Products shall be direct between the Buyer and the Vendor. Fnac Direct shall by no means resell products offered by Vendors on the Service.

Thus Products purchased through the Service may not be returned or exchanged by Fnac Direct or Fnac stores.

In case of non-compliance with these Buyer Terms and Conditions, Fnac Direct reserves the right to temporarily or permanently discontinue the concerned Buyer's access to the Service.

Each Buyer shall be committed to concluding purchases in good faith.

3. Access to the Service

Access to the Service by Buyers is strictly for personal use. When using the Service, the Buyer shall declare that he is acting in a private capacity.

In addition to complying with these Buyer Terms, access to the Service shall be subject to the creation of an account on the Site. This shall require the entering of personal identification data. During the creation of an account, You shall agree to provide only accurate information, and using the messaging tool available to You as part of the Service, You shall inform Fnac Direct without delay of any changes likely to affect it.

In order to use the Service, the Buyer must insert the username and password the Buyer used when the Buyer created his account. The Buyer agrees shall to keep this information secret and not disclose it to any third party. Indeed, the Buyer will be solely responsible for access to the Service using your username and password, unless proof of fraudulent use for which you are not liable is found.

In case of loss, misappropriation or unauthorized use of your username and/or password, You shall agree to immediately notify Fnac Direct's customer service.

4. Cost of the Service

Creating an account and using the Service is free of charge (excluding any connection costs, whose price depends on your electronic communication service provider). There is no obligation to buy on the Site. Only the purchase of Products from Vendors shall require payment subject to the conditions laid down in this document.

5. Personal Data

Your personal data shall be processed by FNAC DARTY PARTICIPATIONS ET SERVICES and FNAC DIRECT as joint controllers.

Purposes:

Your account information and your purchasing data will be processed in order to create and manage our account, manage your purchases and monitor their statuses as well as to perform fraud prevention activities, statistical analysis and customer knowledge operations. FNAC DARTY also processes your data for marketing and targeted advertising (commercial solicitation by electronic, postal and telephonic means, profiling) for its own purposes or that of its partners as part of its advertising network. Depending on your choices, your contact details and your profile information may be transmitted to commercial partners for commercial solicitation and targeted advertising.

Unless you object to it, your phone number may be used for commercial solicitation purposes by FNAC DARTY or its partners. You can read about how your data is processed for commercial solicitation, targeted advertising as well as object to it at any time on this page .

Data transfers:

Your data is transmitted to Vendors for purchases management and delivery purposes only, as well as to allow them to comply with their legal or regulatory obligations when applicable. Depending on your choices, your data may also be sent to other subsidiaries of the FNAC DARTY group for the purpose of customer knowledge and service improvement.

Our platform is open for Vendors from around the world and, as a consequence, some data transfers described in the previous paragraph may be towards Vendors located outside of the European Union's territory if you bought a product from one of them. Those transfers are strictly necessary for the performance of the purchase you make from these Vendors.

Bicycle registration:

In accordance with current French regulations, Vendors are required to proceed with the registration of all new bicycles they sell. As a consequence, FNAC DARTY is required to collect your data necessary to do so and transmit it to bicycle Vendors to allow them to comply with the procedure. The unique identifier of your bicycle allows its registration in the National File of Identified Cycles (FNUCI).

FNAC DIRECT and FNAC DARTY PARTICIPATIONS AND SERVICES collect your data necessary for the identification of your bicycle as a data processor on behalf of the Vendor, who acts as the data controller for this processing operation. This data is transmitted by the Vendor to the approved operator who acts as the data controller in charge of updating your information on the FNUCI to allow the identification of your bicycle in the event of a theft or a loss. This mandatory data processing is based on the French Decree no. 2020-1439 of November 23, 2020 relating to the identification of cycles.

Your rights:

Concerning your data that is processed for the identification of your bicycle, you can exercise your rights (access, rectification, limitation) as well as give instructions regarding the fate of your data “post mortem” by contacting the approved operator. However, the right to object is not applicable to this processing activity, since bicycle identification is mandatory by law.

You have rights of access, correction, deletion, limitation and opposition on your personal data, which you can exercise by using the chatbot on our Data protection policy here or by addressing your request an email request to our Data Protection Officer by email at dpo@fnacdarty.com , or by mail at the following address: FNAC DARTY service consommateurs, Flavia 9 rue des Bateaux-lavoirs 94768 Ivry-sur-Seine Cedex.

You can learn more about the terms of service of your fnac.com account by following this link .

For more information on the processing of your personal data, please read our data protection policy here .

6. Intellectual Property

6.1 - All texts, comments, articles, illustrations, works, and images reproduced or represented on the Site are strictly reserved under copyright laws and as intellectual property, throughout the duration of protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, private use is permitted, subject to different rules of the intellectual property code, some of which are more restrictive. Any total or partial reproduction, modification or adaptation of the Site and/or of all or part of the elements found on the Site or incorporated into it is strictly prohibited.

6.2 - Company names, trademarks and distinctive signs displayed on the Site are protected under trademark law. Reproduction or representation of all or part of the aforementioned signs is strictly prohibited and is subject to prior written approval of the trademark owner.

6.3 - Some Products are subject to personal and specific usage rights which regulate copying, public broadcasting, rentals, etc. Contractual conditions that are applicable to Products must be respected and Fnac Direct shall not be liable for any use that may be made of Products within this framework.

7. Responsibility

Fnac Direct's liability to the Buyer may be incurred only for facts which are directly attributable to it, and which may cause him harm directly linked to these facts. It shall not be liable for consequential damages. Fnac Direct's liability shall not be initiated due to the misuse of the Service by the Buyer or due to any fault of his own. It shall not be liable for events attributable to a third party to the Service.

Furthermore, in accordance with Article 6-I, 2 and 3 of Law No. 2004-575 dated 21 June 2004 regarding Confidence in the Digital Economy, Fnac Direct shall not be held liable for content made available on the Site by Buyers or Vendors, notably with regard to Product descriptions or assessments of Vendors by Buyers, unless it did not make them promptly inaccessible after being informed of their illegality as provided for by this law.

Finally, Fnac Direct disclaims any liability with regard to deals struck by Buyers with Vendors through the Service, to which it remains an outsider. Any complaint arising from comments on the description or delivery of Products shall be redirected to the designated Vendor who will assume full and sole responsibility.

The Buyer shall be solely responsible for his use of the Service, including assessments made on the Site, and shall ensure, on first demand, that Fnac Direct is indemnified and compensated for any damage, loss, or shortfall which Fnac Direct may suffer if found liable by a third party as a result of an action related to this use of the Service by the Buyer.

8. Partial Disability

If one or more provisions of these Buyer Terms and Conditions are found invalid or declared as such under any law, regulation, or final decision of a competent jurisdiction, the remaining provisions shall retain their full force and scope.

9. Applicable Law and Processing of Claims for the Service - Online settlement of disputes.

These Buyer Terms and Conditions are subject to French law.

Any dispute arising from their interpretation and/or execution shall fall within the jurisdiction of French courts.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, FNAC DIRECT is a member of the Service du Médiateur du e-commerce de la FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: Médiateur de la consummation FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr .

Online Platform for the settlement of disputes: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online platform for the settlement of disputes, facilitating independent settlement out of court, of online disputes between consumers and professionals in the European Union.

This platform is available at the following link: https://webgate.ec.europa.eu/odr/

2. Terms and Conditions for Vendors

Introduction

Fnac Direct has set up a Market Place on www.fnac.com (hereinafter referred to as the "Site") for major vendors (hereinafter referred to as "Vendors" or "You"), who, upon registration, will connect with buyers or individuals, also registered on the Site (hereinafter referred to as the "Buyers"), to sell new and used products (hereinafter referred to as "Products") at a firm price (hereinafter referred to as the "Service").

In order to benefit from the Service, the Vendor shall agree to these Vendor Terms and Conditions (hereinafter "Vendor Terms") without restriction or reservation. The Vendor shall prove its agreement by a click of approval during registration on the Service.

The rights and obligations arising from the relationship between FNAC DIRECT and the Seller are personal, non-assignable and non-transferable.

Sales performed through the Service between Buyers and Vendors shall be governed by the General Sales Conditions (hereinafter "Sales Conditions"), which shall be deemed to have been accepted at each confirmation of order. They shall supplement these Vendor Terms.

Fnac Direct invites you to take a look at the General Sales Conditions by clicking here: General Sales Conditions .

Fnac Direct reserves the right to amend these Terms. Any modification will take effect within the period indicated for online Products by Fnac Direct upon notification of the Vendor. They shall not be applicable to transactions in progress at the time of entry into force.

1. Subject

These Vendor Terms are aimed at laying down the conditions under which Fnac Direct, through the Service, provides Vendors with technological tools to sell their products to Buyers.

2. Description of the Service

The Service consists of a set of tools allowing Vendors to get in touch with Buyers to offer Products for sale, reference and describe these Products, accept orders from Buyers, receive payment for purchased Products, and manage after-sales services for sold Products.

Transactions conducted via the Service for the sale of Products shall be direct between the Buyer and the Vendor. Fnac Direct shall by no means resell products offered by Vendors on the Service.

Moreover, in case of breach of Vendor Terms, Fnac Direct reserves the right to temporarily or permanently discontinue the concerned Vendor's access to the Service, by suspension or termination in accordance with Article 8.

2.1 - VAT

As a matter of principle, the Seller is responsible for all taxes, duties, levies and eco-contributions due in respect of the transaction it enters into with a Buyer. By exception, as of July 1st, 2021, for transactions between a Buyer located in France or Monaco, acting as a private person and (i) a Seller established outside the European Union or (ii) a Seller established within the European Union but importing the Products from a country outside the European Union, FNAC DIRECT is liable for the VAT relating to the transaction concluded between the Seller and the Buyer in accordance with article 147 of the finance law for 2021 transposing the directive 2017/2455/EU.

In these cases, the Seller has no VAT to pay to the French tax authorities, FNAC DIRECT being in charge of directly paying to the tax authorities the VAT relating to the transaction between the Seller and the Buyer. This amount will be deducted by FNAC DIRECT from the sums to be paid to the Seller.

The liability of FNAC DIRECT for the VAT relating to the transaction does not apply to transactions carried out by a Seller when they fall under the VAT on margin regime provided for in Articles 297 A et seq. of the French General Tax Code (CGI). However, due to the very reduced scope of application of the margin VAT regime provided for in Articles 297 A et seq. of the CGI among the transactions where FNAC DIRECT is liable for VAT, the Seller undertakes never to offer for sale Products subject to this regime.

For transactions for which FNAC DIRECT is liable for VAT due to the fact that the Products are imported from a country outside the European Union, the Seller acknowledges that the accuracy of the tax regime relating to a transaction between a Seller and a Buyer depends on the information communicated by the Seller to FNAC DIRECT. consequently, the Seller undertakes to provide FNAC DIRECT for each transaction with a Buyer with the place of shipment of the Products sold to this Buyer. The Seller expressly acknowledges that the proper completion of the transaction with a Buyer located in France or Monaco requires the respect of several formal conditions allowing the systematic control of the parcels by the customs administration. In particular, the Seller undertakes to affix on the parcel containing the Products the IOSS number (order with a value excluding taxes and transport costs less than or equal to €150) or VAT number (order with a value excluding taxes and transport costs greater than €150) of FNAC DIRECT in order to allow the transmission of correct information for the purpose of handling the VAT treatment of the Products. In addition, when a Buyer purchases several Products from the same Seller in a single order, the Seller undertakes to group the Products together in a single package.

In addition, for orders with a value excluding taxes and transport costs greater than €150, FNAC DIRECT is only liable for VAT when the Products are imported from a country outside the European Union if the place of custom clearance is located in France. Since the Sellers can only deliver goods in France and it is not possible to obtain an exact information on possible other places of import, the place of custom clearance is deemed to be located in France. The Seller therefore undertakes, for orders with a value excluding taxes and transport costs greater than €150 and which are imported from a country outside the EU, to clear the Product through customs in France. It is expressly forbidden to qualify an offer in “Used” if the product is new, especially on the category Books.

For each transaction with a Buyer, the Seller acknowledges that it is fully liable for the customs duties due for the introduction of Products into the territory of the European Union, undertakes to pay them in full and to include them in the tax-free sale price of the Products. In no circumstance shall the customs duties paid in respect of the Products be invoiced separately or left to the Buyer.

2.2 Eco-contribution

The Vendor is required to comply with its obligations arising from France's Anti-waste and Circular Economy Law No. 2020-105 of 10 February 2020 (known as the AGEC Act) specifically the sections relating to Extended Producer Responsibility (EPR), pursuant to Article L541-10 et seq of the French Environment Code.

As a reminder, the main obligations under the EPR are set out below:

• Vendors are required to join a licensed eco-organization, for the industry of the product concerned, collect and transfer the eco-participation to that eco-organization.
• Forward the information listed under Article L.541-10-13 of the French Environment Code to the eco-organizations.
• Forward all the information that will allow FNAC DIRECT to keep the register required by Article L.541-10-9 of the French Environment Code

In this context, the Vendor is required to forward to FNAC DIRECT each unique identifier (IDU) issued by the eco-organization to which the Vendor belongs.

Fnac Direct reserves the possibility of debiting the Vendor for the full amount of the fees and sums paid on behalf of the Vendor in the event of non-compliance with its EPR-related obligations.

Furthermore, the Vendor is responsible for completing all the characteristics of the Products it offers on the Site. In the absence of any or all of the characteristics of the Products allowing FNAC DIRECT to determine the cost of the eco-contribution, Fnac Direct reserves the right to establish this amount.

In the event of incorrect delivery of one or more UDI(s), FNAC DIRECT reserves the right to delete the UDI and inform the Vendor thereof. In addition, if the Vendor has one or more incorrect UDI(s) as a result of a check against the Syderep database (Reporting System for Extended Producer Liability Streams) or that the Vendor has not filled in its UDI(s), FNAC DIRECT reserves the right to inform the Vendor and ask him to complete this information.

In the event of failure to supply the UDI(s) by the Vendor or in the event of incorrect supply of one or more UDI(s), FNAC DIRECT will ensure payment of eco-contributions to the eco-organizations. In these circumstances, FNAC DIRECT will recover from the Vendor the totality of the sums committed.

In addition, FNAC DIRECT will apply an increase of the commission rate of 1% compared to the rates provided for in article 5 hereof, for products covered by the REP and for which the Vendors have not provided an IDU on 01/20/2025 after this date, FNAC DIRECT will apply this increase for the purpose of processing associated declarations.

Vendors may indicate an IDU in their vendor's space on line at any time. In the event of information from the Vendor of the IDU or IDU corresponding to the products it sells, FNAC DIRECT undertakes to take this into account within 30 days and will no longer apply this increase after that date.

Furthermore, in accordance with Article L.541-10-8 of the French Environment Code, Vendors are required to recover certain products that fall under the EPR rule at no cost.

Furthermore, the Vendor shall inform the Buyer of the conditions of the recovery, prior to the completion of the sale, and in a visible, legible and easily accessible manner.

In this respect, the Seller must specify for each Product offer, the terms of the recovery applicable to its offer and proceed with the recovery of the Product when necessary.

In the event of non-compliance with these obligations related to the recovery of the Products, Fnac Direct reserves the possibility of asking the Vendor to pay for the costs associated with said recovery carried out by Fnac Direct on behalf of the latter.

3. Access to the Service

In addition to complying with these Vendor Terms, access to the Service shall be subject to the creation of a Fnac account and the payment of a monthly subscription of 49.99 €. The monthly subscription will be charged, regardless of the status of your orders.

To access the Service this shall require the entry of personal identification data. During the creation of an account, the Buyer shall agree to provide only accurate information, and to inform Fnac Direct without delay of any changes likely to affect it through the messaging tool provided as part of the Service.

This Service implies the opening of a Seller Payment Account with BNP Paribas Bank. The Seller Payment Account is solely reserved for the recording of payment transactions relating to the sale of products by the Seller to a Buyer, offered through the Marketplace service provided by Fnac Direct, as Agent of BNP Paribas Bank.

During the registration process, the Vendor will have to sign a payment account agreement with BNP Paribas bank represented by Fnac Direct in its role as BNP Paribas's agent.

The opening of the payment account is an integral part of the Service. Therefore, without the opening of the payment account with BNP Paribas, the Vendor will not have access to the Service.

Access to the service is restricted to a single account, multiple accounts will be deleted immediately unless prior approval has been obtained from FNAC DIRECT.

FNAC DIRECT could delete an account if it has one or several elements in common with an account previously deleted for failure to its obligations.

In order to use the Service, the Buyer should enter his username and password the Buyer used when creating your account. The Buyer agrees to keep this information confidential and not disclose it to any third party. In fact, the Buyer will be solely responsible for access to the Service using his username and password, unless proof of fraudulent use for which the Buyer is not liable is found.

In case of loss, misappropriation or unauthorized use of his username and/or password, the Buyer shall agree to immediately notify Fnac Direct's customer service through the login page of the Seller account.

The Seller is solely responsible for the improper access, damage, disruption and adverse consequences caused by its breach of the confidentiality of the identifiers.

4. Obligations concerning Transactions through the Service

4.1. General Obligations

Vendors shall identify themselves to Buyers as acting in a professional or non-professional capacity. They shall explicitly agree to identify themselves as Professional Vendors when they regularly make sales through the service for profit.

Vendors shall agree to comply with relevant business legislations (including registration, accounting obligations, social and fiscal legislation). Vendors can indeed be required to file tax and social declarations in relation to the products they sell on the Site. The French tax administration issued guidelines on these tax and social declarations in order to inform Vendors about their obligations.

In addition, Vendors shall undertake to provide FNAC DIRECT with any necessary information in order to comply with its tax reporting obligations for DAC 7 purposes, in force since January 1, 2023 in the French tax law. In this context, Vendors shall certify that all information communicated to FNAC DIRECT are accurate and shall notify FNAC DIRECT spontaneously in the event that these information are subsequently modified.

Vendors shall also comply with the laws and regulations imposed upon them by their business with particular reference to specific Products they sell on the Site (such as, for instance, reporting to the Taxation Administration for vendors of television sets).

Furthermore, it is expressly forbidden for a Vendor to directly or indirectly, promote, in any form whatsoever (including the insertion of hyperlinks, messages in product descriptions, print-outs in packages shipped to Buyers, or using the URL of his website in his username or Vendor page, or by using a cardboard box) his products or services, as well as those of any other person.

Vendors shall avail themselves of all means to provide Buyers with optimal satisfaction by delivering quality services.

They shall be particularly committed to answering Fnac Direct Customer Service and Sales Department emails as well as emails from Buyers in French and within 2 business days from receipt,

All interactions between the Vendor and FNAC DIRECT shall be strictly confidential. The Vendor thus undertakes not to disclose the content of such interactions to a third party.

Vendors avoid, without this list being exhaustive, the use of visual or trade names, pseudonyms, statements or other messages which may be abusive, contrary to public convention or morality, or which may infringe the rights of persons or the intellectual property rights of third parties, shall laws and regulations, or the FNAC brand. Failing which, Fnac Direct reserves the right to temporarily or permanently discontinue the concerned Vendor's access to the Service, by suspension or termination in accordance with Article 8.

Seller agrees to hold a positive commercial balance on his account at any time.

4.2. Obligations concerning Products Offered on the Site

The Vendor shall ensure that he sells only products which he owns or which he has the right to sell. He shall ensure that the Products do not in any way violate the laws, current regulations and standards, mandatory or not (especially on the marketing of games, toys), and do not infringe the rights of third parties. Thus, the Vendor shall not sell any Products considered as infringing goods by the Intellectual Property Code or any Product whose marketing is regulated under legislative, regulatory or contractual provisions (notably due to the existence of a selective distribution network). The Vendor shall be solely responsible for the sale of Products he offers on the Service.

Without this list being exhaustive, the Seller is prohibited from offering on the Site: pornographic products and more generally, those undermining morality; property that incites racial hatred or discrimination based on race, sex, religion, nationality, physical ability, sexual orientation or age; stolen objects; drugs or drugs of all types; weapons, weapons of war and ammunition; live animals; alcoholic beverages.

The Vendor shall undertake to act in good faith in the description associated with Products offered on the Site. He shall be solely responsible for the accuracy of the information contained therein and shall ensure that they are not likely to mislead potential buyers, with regard to the characteristics of the Product, the associated guarantees, and the state or price of the Product. With regard to used Products in particular, the Vendor shall make an accurate description of the product's state. The Vendor shall notify the Buyer of all information enabling them to know the essential characteristics of the product (if applicable, composition of the product including accessories, origin, legal guarantees, the terms of their implementation, or any other contractual conditions, etc.).

The Vendor shall further ensure that the illustrations/images provided in the description associated with each Product (photographs, drawings, etc.) clearly illustrate the Products in question, respect the rights of third parties, and do not violate public convention or morality. The Vendor shall guarantee Fnac Direct that he possesses the rights, especially intellectual property rights for these illustrations which allow them to be used in the presentation of products.

The Vendor shall also specify in the description associated with offers the shipping country of the Products.

In addition, in accordance with Article 6-I, 2 and 3 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, FNAC DIRECT can not be held liable for the content made available on the Site by the Buyers or the Sellers, in particular with regards to the description of the Products or the assessments that the Buyers make of the Sellers, except if it did not make them quickly inaccessible after being informed of their illicit nature in the conditions envisaged by this law.

Thus the Buyer cannot be asked to pay any other sum than that appearing on the Product description.

4.3. Obligations concerning Product Prices

Product prices shall be freely determined by the Vendor, in accordance with laws and regulations. In particular, the price of the book is set in accordance with the Lang law of August 10, 1981.

These prices shall be mentioned on the Site including all taxes and fees (notably VAT, Import VAT, customs duties, packaging, environmental tax, private copy levy as the case may be, etc...). They shall be exclusive of delivery charges, the latter being added by FNAC DIRECT to the price of the order when the Buyer validates his purchase.

4.4. Obligations concerning Product Sales

Sales contracts for Products offered by the Vendor on the Site shall be concluded between the Vendor and the Buyer. The Vendor shall offer only available Products on the Site and shall immediately remove offers on Products which are no longer available. The Vendor shall be solely responsible for the unavailability of the product which he alone masters.

The Vendor shall be notified by email, through his Vendor interface or API if he chooses this option and in his account by Fnac Direct when a Product he posted has been ordered by a Buyer.

The Vendor shall confirm the order within 2 business days from receipt of the information referred to in the preceding paragraph.

Also, the Vendor shall undertake to regularly check, at least once per working day, emails received at the address given to Fnac Direct upon creation of his account and, subsequently, in case of any change affecting this information, in order to be able to confirm Products ordered by the Buyers.

The confirmation of the order by the Vendor shall imply the Vendor's commitment to ship Product(s) within the period referred to in paragraph 4.5 (v) below. Failure on the part of the Vendor to reply within the time limit stipulated in the preceding paragraph, shall result in the automatic cancellation of the sales contract and the Vendor's account shall be placed "on vacation".

In case of absence or unavailability for more than 2 days, the Vendor shall temporarily suspend the placement of his Products online for sale by using the tool "vacation" made available on the Service.

The Vendor shall ensure to fulfill at least 95% of orders for Products offered for sale on the Site from the creation of his account.

Otherwise, Fnac Direct and Vendors who have made at least 5 sales, shall reserve the right to temporarily or permanently discontinue access to the Service for the Vendor in question, suspending or terminating these provisions in accordance with Article 8.

4.5. Delivery-Related Obligations

(i) The description associated with each product on the Site shall indicate delivery methods proposed for the product.

The following shipping terms can be proposed to the Buyer under the conditions defined below:

• Normal shipping
• Tracked shipping
• Shipping against signature

For Products less than or equal to €25 VAT, delivery shall be done at the discretion of the Buyer.

For any Product ranging between €25 and 200 VAT, delivery shall be done by tracking or against signature.

For Products amounting to more than €200 VAT, delivery shall be imperatively done against signature.

The Vendor shall respect the shipping method chosen by the Buyer.

The Vendor may refuse to deliver the ordered Product in normal mode regardless of its price. In this case, he shall expressly include this reservation on the associated product description. Otherwise, he shall be obliged to comply with the criteria for choosing delivery provisions contained in the preceding paragraphs.

(ii) Product shipping costs are calculated as follows:

Professionals Vendors shall nevertheless be free to set their schedule for delivery.

You can download the detailed categories here

(iii) The Vendor shall send the Buyer a purchase order of the purchased product. The Vendor shall attach to the delivery of a Product an invoice or other document which will enable the Buyer to lay claim to his warranty.

(iv) The Vendor shall undertake to provide all the necessary care for the packaging of Products in order to prevent damage during transportation. Products shall be shipped at the expense and risk of the Vendor.

(v) Fnac Direct shall forward to the Vendor, no later than 24 hours after the order is placed, the Buyer's information necessary for the delivery of the Products.

(vi) The Vendor shall ship Products ordered within 2 working days after confirmation of the Product's order.

If the Seller's delivery period is longer than the aforementioned period, the Seller agrees to mention this in the product description.

4.6. Obligations concerning Product-Related Disputes

As a rule, the Vendor shall undertake to implement, in good faith, all necessary means to fulfill his obligations in delivering quality services to Buyers.

At any time, the Buyer has the option to contact the Vendor and address all requests or claims with regard to Products ordered via the messaging tool provided by the Service, including claims to any valid warranties.

In addition to the messaging tool, a dedicated key shall be provided for the Buyer to indicate in his account - within 90 days for purchases - any complaint concerning Products, (eg product not received, etc.).

Beyond these deadlines, the Buyer retains the right to contact the Vendor to make any claim for Products ordered using the messaging tool available via the Service.

In case of any complaint from a Buyer regarding a product, including where the Vendor is informed of the complaint through the information tool made available in the Service and/or by an email from Fnac Direct, the Vendor shall be personally responsible for the resolution of the dispute between him and the Buyer. Disputes shall be settled directly between the Buyer and the Vendor through the messaging tool made available on the Service, where necessary. The Vendor shall make every effort to resolve the dispute with the Buyer amicably.

However, if the Vendor has not resolved the dispute with the Buyer within 8 working days from the receipt of the complaint, Fnac Direct reserves the right, after having informed the Vendor, to reimburse the Buyer. The same amount shall then be deducted from the money to be disbursed to the Vendor by Fnac Direct for Products sold by the Vendor through the Service.

If the Buyer's complaint is well founded, the Vendor shall proceed either to return the ordered Product or refund the Buyer.

Upon exercise of the right of withdrawal by the Buyer, FNAC DIRECT, as a trusted third party, shall refund amounts paid (including delivery charges) in no later than 14 days after the right of withdrawal was exercised by the Buyer with the Seller and that FNAC DIRECT was informed. This refund date may be postponed until recovery of the Product or until the Buyer has simultaneously provided the Seller and FNAC DIRECT with proof of the Product's shipment, the date considered being the date of the first of these facts. Reimbursement will be made by the same method of payment used by the Buyer (by bank card). This amount will then be deducted from the amounts paid to the Vendor by Fnac Direct for Products sales. However, if the account of the Vendor has a debit of over €150, reimbursement of the returned Product by the Buyer shall be made directly by the Vendor to the Buyer.

Fnac Direct reserves the right to suspend or terminate these conditions as provided for in Article 8 for infringement by the Vendor who has carried out at least 5 sales with a complaint rate of over 5% in orders.

4.7. Non-compliance with Buyer's obligations

It is recalled that FNAC DIRECT reserves the right to temporarily or permanently suspend the Vendor's access to the service in case of non-compliance with obligations as provided for in Section 8.

5. Financial Provisions

For each order of Products received by a Buyer, Fnac Direct shall receive from the Vendor a commission equal to a percentage of the corresponding amount, including shipping and VAT. This commission shall be calculated as follows according to the Product categories defined below:

The commission rate applied to refurbished/repackaged Products will be valid until May 8, 2022 inclusive. Removal of Refurbished/repackaged Products status on May 9, 2022

Sample calculation for the purchase of a New White Good: if an order to purchase a New Product totals €425 incl. VAT with a shipping cost of €49 incl. VAT, the rate of 6.5% will be applied on the product price and shipping costs, representing a total of € 30.81 incl. VAT on the total amount of €474 incl. VAT.

A VAT rate of 30.81*0.2 = €6.16 shall then be applied to the referral fees, representing a total referral fee of 30.81 + 6.16 = €36.97.

FNAC DIRECT will apply a referral fee of not less than € 0.99 VAT excl. of VAT, representing a total of €1.19 incl. of VAT.

For example, for a smartphone screen filter totaling € 2.20 including VAT and shipping costs, referral fees shall be € 1.19, replacing the fee of the "Accessories - for technical products, white goods, small appliances and tableware" category"

FNAC DIRECT will repay to the Vendor the full amount of the price of the order, net of referral fees, after confirmation by the Buyer that the purchased product(s) has/have been received.

In addition, pursuant to article 2.2 of these General Terms and Conditions, FNAC DIRECT will apply an increase in the commission rate of 1% as of 01/20/2025 for products submitted to the REP and for which the Vendor has provided one or more IUDs incorrect or did not provide an UDI associated declarations.

It is specified that the commission remains acquired by FNAC DIRECT in case of cancellation of order at the initiative of the Seller and in case of cancellation of an order following a message and/ or founded claim of the Buyer.

Billing will be done every 1st, 5th, 10th, 15th, 20th, or 25th of the month.

Pursuant to this confirmation, payment will be made by bank transfer to the account whose details were provided by the Vendor under "My Account", on the Tuesday or Thursday after billing is done (same day where applicable).

Example 1: A product is received on Monday, 22 June, billing is done on 25 June. The bank transfer will be wired on the same day as billing (Thursday, June 25).

Example 2: A product is received on Wednesday, 12 January, billing follows on 15 January. The bank transfer will be wired on the Tuesday following billing (18 January).

Failure to confirm receipt of a Product by the Buyer and in the absence of a complaint from the Buyer to the Vendor within the stipulated time limits, the Product shall be deemed to have been received 21 days after the date of debit from the Buyer's bank account, or following the actual shipping date.

Fnac Direct reserves the right to suspend the payment of amounts due to the Vendor in case of breach by the Vendor of its obligations.

6. Vendor Assessment

Fnac Direct provides Buyers with means to assess the performance of Vendors at the end of the confirmation of receipt of products ordered, thus enabling Buyers to choose products from the most serious Vendors who comply with the Terms and Conditions.

The assessment shall be based on an evaluation criteria and the awarding of stars.

For Vendors who have made at least 5 sales since the creation of their account, Fnac Direct reserves the right to temporarily or permanently discontinue access to the Service if their assessment is lower than 4.5 by suspending or terminating these provisions under the conditions laid down in Article 8

Automatic rules will be applied in case of failure by the seller to their obligations according to various degrees.

If one of the following rules is proven, the Seller account will automatically be "on hold":

• Average grade: 4.3 / 5 (Acceptable grade: 4.5 / 5)
• Acceptance rate: 93% (Acceptable rate: 95%)
• Claim rate: 7% (Acceptable rate: 5%)
• Spontaneous repayment rate: 7% (Acceptable rate: 5%)
• Parcel tracking rate: less than 95% (Acceptable rate reminder: 97%)
• Late delivery: more than 5% (Acceptable reminder rate: 3%)

If any of the following rules are true, the Seller account will be automatically disabled:

• Average grade: 4/5 (Acceptable grade: 4.5/5)
• Acceptance rate: 90% (Acceptable rate: 95%)
• Claim rate: 10% (Acceptable rate: 5%)
• Spontaneous repayment rate: 10% (Acceptable rate: 5%)
• Parcel tracking rate: less than 95% (Acceptable rate reminder: 97%)
• Late delivery rate: more than 10% (Acceptable reminder rate: 3%)

7. Ranking of offers

7.1 Criteria for ranking the MarketPlace Vendor bids visible on the Product sheets:

When the Product is offered on the site both by FNAC and by Vendor, the default ranking criterion used is the Fnac Vendor and the Fnac Darty Group Vendor (Fnac 2nde vie, Darty Occasion, Wefix) and the increasing price.

Regardless, it is possible for the internet users to modify this product sheet classification by selecting a different sorting criterion according to:

• descending price
• Vendor Reviews
• the number of sales made by Vendors

When the Product is offered on the site solely by Vendors, the classification criterion of the Vendor at the top of the Product sheet is based on quality criteria such as rating, the complaints against the Vendor, and their degree of professionalism.

The default ranking criterion of Vendor's offers is the Fnac Darty Group Vendor (Fnac 2nde vie, Darty Occasion, Wefix) and the increasing price.

The default ranking between the Fnac Darty Group Vendor is the increasing price.

7.2 Ranking criteria on the results pages:

By default, the bids appearing on the result pages resulting from a search are ranked according to their relevance to the user's search.

Still, it is possible for the Internet user to modify this ranking on the result page by selecting a different sorting criterion: The ranking may be modified by selecting a different sorting criterion according to:

• The lowest price
• The highest price
• Best-selling products
• Internet user ratings
• New products

It is also possible that certain offers identified by the mention "sponsored" appear in the result pages because they are subject to remuneration from FNAC.

7.3 Personalized recommendation systems for our products and offers

Product Recommendation

The FNAC brand is known and recognized for the value of its advice and the skills of its expert salespeople. Without being able to replace the experience that the Internet user will have with our in-store salespeople, we try to advise Internet users as best as possible on our website because this is what they expect from us.

Through their account, the user benefits from personalized assistance in navigating our products, offers and services, designed to offer them the most relevant products and services adapted to their needs and desires.

To provide this advice, our site uses a recommendation algorithm to prioritize the products that are most relevant to the user's browsing and purchases, and to assist them in making the choices that we believe are the most appropriate for the user. Internet users can thus be able to discover and choose offers that interest them, without being forced to browse in area that don' correspond to their expectations. Of course, their curiosity remains wide open, we only accompany them to help them satisfy it.

We can recommend products that are similar to those they have already purchased or viewed and that correspond to their interests. We can also recommend products that have been purchased by other customers with similar interests.

These personalized recommendations are an integral part of our duty to advise, which is one of the key factors in our customers' satisfaction. They are essential and intrinsic to the promotion of our products and services and and enable us to provide our customers with the best possible advice.

Other Customization Services

We can also adapt the navigation within our site according to the traffic patterns of the site fnac.com the user – for example, by displaying the visitor's favorite categories.

For more information see https://www.fnac.com/marketPlace/referencement_classement_offres

8. Suspension - Termination

8.1 Following the receipt of a notification of illegal content relating to the Vendor, FNAC DIRECT reserves the right to carry out one of the following actions, after sending the reasons for this restriction on a durable medium:

• restricting the content visibility (removals, modifications, blocking, downgrading);
• suspension, termination or other restriction of payments;
• suspension or termination of all or part of the Service;
• suspension or termination of Vendor accounts All content moderation actions are carried out via human review.

8.2 These Terms and Conditions are concluded for an indefinite period. Either party may terminate the Terms and Conditions at any time without justification, subject to compliance with a notice period of 2 months.

8.3 Should a professional Vendor fail to meet any of his obligations after formal notice sent by all means without reply for a period of 15 days, Fnac Direct may terminate this contract after sending the reasons for such termination on a durable mediaum for such termination.

8.4 In the event of serious and/or repeated failure by the Seller to meet its obligations or affecting its accounts, such as, but not limited to: fraud, failure to comply with its tax obligations or tax commitments set forth in Article 2 hereof, abusive language, counterfeiting, infringement of third party rights, failure to comply with at least one of the quality indicators (...), FNAC DIRECT may terminate these Terms and Conditions without notice and without the Seller being able to claim any compensation.

In particular, a serious failure is constituted by (i) the failure to comply with VAT obligations (declaration and payment of VAT relating to transactions subject to VAT in France) which results in the implementation of the procedure provided for in Article 283 bis of the CGI, (ii) the communication to FNAC DIRECT of inaccurate information on the identity of the Seller and on the country of its registered office, (iii) the communication to FNAC DIRECT of an erroneous place of dispatch.

If a legal or regulatory obligation requires the termination or in the event the tax authorities report an irregularity of the Seller, for any reason whatsoever, FNAC DIRECT may proceed to block the Seller's payments for the time necessary to carry out the related investigations,

8.5 When this Agreement is terminated for serious failure to meet its obligations, the FNAC DARTY Group reserves the right to terminate the other Agreements between the Seller and the FNAC DARTY Group, provided the applicable notice period is observed.

8.6 FNAC DIRECT has set up an internal system for handling complaints, allowing any SELLER to lodge a complaint against a decision taken by FNAC DIRECT, accessible from their seller account in the "Help" section and then "Contact us".

In the event that the Vendior contests a decision taken by FNAC DIRECT, the Vendor has the possibility of contesting it, in accordance with Article 14 of these T&Cs, through mediation or by taking the matter to the courts of Paris.

FNAC DIRECT FILS reserves the right to suspend access to this internal system in the event of abusive claims by a SELLER. For example, complaints that have already been submitted to FNAC DIRECT and that have been processed by the latter and without justifying new elements are considered abusive.

9. Mediation service for consumer disputes - online dispute resolution

In accordance with the regulations, FNAC DIRECT offers Buyers a mediation service for consumer disputes related to transactions made through the Service.

Mediation fees will be invoiced by FNAC DIRECT to the Seller.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, FNAC DIRECT is a member of the Service du Médiateur du e-commerce de la FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: Médiateur de la consummation FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr .

Online Dispute Resolution platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement of disputes by out-of-court action online between consumers and professionals in the European Union.

This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/

10. Personal Data

Your personal data as a “Vendor” is processed by FNAC DARTY PARTICIPATIONS ET SERVICES and FNAC DIRECT (hereinafter FNAC DARTY) and by BNP Paribas (BNPP) acting respectively as the parties responsible for the processing carried out as part of the Service, namely:

Processing performed by FNAC DARTY

Managing vendor account registration and tracking;
Forging relationships with buyers;
Preparing sales statistics;
Managing requests for access, correction and opposition;
Operations related to market research and customer profiling;
Fraud prevention and risk management;

Processing carried out by BNP Paribas:

KYC, recertification, contract performance, product and services management, Vendor account opening and maintenance, collection, anti-money laundering and anti-terrorist financing, anti-fraud, risk management, reporting, training of the Agent's employees, provision of payment services, compliance with applicable regulations.

This processing has different legal bases: contractual performance (management of the commercial relationship and account agreement) and/or legitimate interest of FNAC DARTY or BNP Paribas (fraud, risk assessment and management), and/or consent and/or under legal obligations to which FNAC DARTY and/or BNP Paribas are subject, specifically KYC, anti-money laundering, anti-corruption, anti-terrorist financing and management of financial embargoes, namely to meet its reporting requirements and/or due diligence in accordance with the applicable regulations.

For the purposes described above, FNAC DARTY and BNP Paribas may disclose certain information to service providers, other companies in their respective groups, or business partners, in particular:

• the GIE CB for the acceptance of card payments in the CB system, to meet anti-fraud requirements and manage potential legal action, in accordance with the tasks defined in the GIE CB bylaws and to meet regulatory or legal obligations, including those related to criminal or administrative matters in connection with use of the card.
• Aggregators for statistical purposes
• Partners for the purposes of market research by electronic, postal or telephonic means.

You may object to this disclosure by writing to the following address and providing proof of your identity: MARKETPLACE FNAC DARTY, Flavia 9 rue des Bateaux-Lavoirs 94768 Ivry-sur-Seine Cedex.

FNAC DARTY also collects certain data exclusively on behalf of BNP Paribas, which is its sole recipient.

You are hereby informed that data concerning you may be sent for the purposes of managing the commercial relationship (call center) to companies located outside the European Union (Morocco and Madagascar) which observes less stringent data protection measures than those applied in the European Union. Prior to transfer outside the European Union, FNAC DARTY has taken the necessary measures and guarantees to secure such transfers.

BNP Paribas keeps Vendors' KYC files according to the following criteria:

• Validated files: up to ten (10) years after the end of the contractual relationship;
• Rejected files: up to three (3) years after rejection;
• Files pending additional information: three (3) years after being collected without a response from the Vendor.

Other data collected by BNP Paribas is kept for the entire duration of the contractual relationship and for ten (10) years after the end of the contractual relationship.

Data collected by FNAC DARTY is kept for the longest of the required periods in accordance with applicable legal and regulatory provisions or another duration depending on operational constraints.

In accordance with the regulations governing the protection of personal data, you may exercise your rights (access, correction, deletion, opposition, limitation and portability, where applicable) and determine the fate of your personal data “post mortem” by contacting

• FNAC DARTY by email: dpo@fnacdarty.com or by mail: MARKETPLACE FNAC DARTY, Flavia 9 rue des bateaux-lavoirs 94768 Ivry-sur-Seine Cedex.
• BNP at the address provided in the confidentiality policy available on the site “mabanqueentreprise.bnpparibas”.

For faster processing of your request, please provide your first and last names, email address and postal address. Certain requests to exercise your rights (right to access) must include a photocopy of an identity card bearing your signature to verify your identity and you must specify the address to which the response should be sent. You will then receive a response within a period of 1 month following receipt of the request.

You may submit your comments at any time during the risk analysis conducted by FNAC DARTY for the purposes of fraud prevention.

You also have the right to lodge a complaint with the French Commission for Information Technology and Civil Liberties (CNIL – Commission Nationale de l’Informatique et des Libertés), on its website www.cnil.fr.

FNAC DARTY has a Data Protection Officer (DPO) responsible for guaranteeing the protection of personal data. You may contact the FNAC DARTY Data Protection officer at the address dpo@fnacdarty.com (excluding requests to exercise your rights which should be expressed on the chatbot of our privacy policy)

For more information on data processing carried out by FNAC DARTY, click here to read the confidentiality policy.

For more information on data processing carried out by BNP, click here to read the personal data protection notice.

FNAC DIRECT uses cookies. For more information on cookies, click here

The Vendor irrevocably undertakes to use any personal data about the Buyer that is forwarded to it by FNAC DIRECT solely for the purposes of delivering the Products and meeting the related legal and regulatory obligations, notably concerning bicycle identification when applicable. They agree not to retain any copies after shipping the ordered Product(s). Any other use, rental, sale, resale or copying by the Vendor are strictly forbidden. In connection therewith, the Vendor may need to receive information by email related to the Service from FNAC DIRECT.

Anti-fraud:

To combat fraud (failure to deliver to clients, payments outstanding, etc.) or unacceptable behavior by the Vendor (complaints, negative reviews or insufficient satisfaction rates, etc.) and to thereby assure Service Users of optimal service quality, the Vendor's personal data collected on site is processed by FNAC DIRECT to determine the level of risk of fraud and confidence associated with the Vendor account. As part of this analysis, FNAC DIRECT may call upon its providers specializing in risk prevention to refine its analysis. Some of these providers may also be sent the results of the analysis carried out and may use it on their own account to populate their own incident file. Certain data in connection with the terminal associated with the Vendor account may also be transferred to the United States. FNAC DARTY takes all necessary measures and guarantees to secure these transfers.

Messages exchanged between the Vendor and the Buyer through FNAC DIRECT are retained by FNAC DIRECT and may be used as proof of improper conduct by the Vendor.

FNAC DIRECT may, based on the results of the checks carried out on Vendor accounts (at registration and during the life of the account), the confidence index assigned to the Vendor or the Vendor's conduct, take measures, such as denying registration of the Vendor on the Marketplace, temporary suspension or definitive closure of the Vendor's account. These measures may also have the effect of suspending payment to Vendors in the event that the Vendor has not or may not fulfill delivery. The occurrence of an incident (delivery failure, payments outstanding for FNAC DIRECT, account closure, negative confidence index, etc.) may result in data related to the account in the FNAC alert file being recorded, which, at the time of subsequent connections or Vendor registrations, may require FNAC DIRECT to carry out additional checks or deny Vendor's registration.

At any time during the analysis conducted by FNAC DIRECT, you may submit your comments in writing to Customer Support. Furthermore, in accordance with the French law on information technology and civil liberties of January 6, 1978, you have rights of access, correction, deletion and opposition provided for by the law of January 6, 1978 in relation to information technology, files and civil liberties. In accordance with the regulations in force, your request should be signed and include a photocopy of your identity card bearing your signature and specifying the address to which your response should be sent.

To exercise your anti-fraud rights, you may contact us at dpo@fnacdarty.com or by mail to FNAC Service Consommateur, Flavia 9 rue des Bateaux-lavoirs 94768 Ivry-sur-Seine Cedex and provide your name, surname and email address.

Vendors located outside of the European Union:

If your perform your activity from a country located outside of the territory of the European Union, you undertake to process any personal data transmitted to you in compliance with the European Regulation EU 2016/679 of April the 27th 2016 (the “GDPR”). You also recognize that you take any technical and organizational measures appropriate for guaranteeing the confidentiality, integrity and availability of the data.

you receive personal data from FNAC DIRECT for purposes limited to the performance of your orders, you act as this personal data Whenever's controller. If you engage a data processor to carry out specific processing activities on your behalf, you implement procedures allowing you to guarantee they only process the data on your instructions only and they are held to the same obligations as you are in terms of data protection.

11. Intellectual Property

11.1 - All texts, comments, articles, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property laws for the duration of these laws and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, private use is permitted, subject to different rules of the intellectual property code, some of which are more restrictive. Any total or partial reproduction or representation of the Site and/or of all or part of the features found on the Site or incorporated in it is strictly prohibited.

11.2 - Company names, trademarks and distinctive signs displayed on Fnac Site are protected under trademark law. Reproduction or representation of all or part of the aforementioned signs is strictly prohibited and is subject to prior written approval of the trademark owner.

11.3 - Some products are subject to personal and specific laws regulating copying, public dissemination, and hiring. You shall respect the Terms and Conditions of these products and Fnac Direct shall not be liable for any use of Products within this framework.

11.4 – Fnac Direct reserves the right to use the Vendor's intellectual property rights within the framework of the Service.

12. Liability

The Vendor shall warrant and indemnify Fnac Direct on first request against all damage suffered by Fnac Direct and against any liability action against Fnac Direct resulting from a breach by the Vendor of any third party rights including those of a Buyer, regardless of whether the damage is a result of the sale of Products, the Vendor's of the Service, or any other act for which he may be responsible.

Fnac Direct shall be held liable to the Vendor only for happenings that are directly attributable to him and this liability shall be limited to the amount of orders made in the previous month. It shall not be liable for indirect damage, including loss of an opportunity to sell Products in the event of unavailability of the Service. Fnac Direct shall not be held liable due to misuse of the Service by the Vendor.

Fnac Direct disclaims any liability with regard to sales made between Vendors and Buyers through the Service. Any complaint concerning Products, (description, delivery, conditions of use, etc.) brought to the attention of Fnac Direct, shall be forwarded to the Vendor concerned who shall assume full and sole responsibility.

13. Partial Invalidity

If one or several stipulations of these Vendor general terms of use are deemed to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other stipulations shall retain their full force and effect.

14.Applicable law / Attribution of jurisdiction

These Vendor general terms of use are subject to French law.

For any dispute that may arise between ETABLISSEMENTS DARTY ET FILS and a professional Seller relating to the existence, interpretation or execution of this contract, prior to any legal proceedings, the parties may resort to mediation.

In accordance with the Platform to Business (P2B) Regulation, two mediators are at your disposal:

The Business Ombudsman whose contact details are as follows:

• 98 rue de Richelieu - 75002 Paris - https://www.economie.gouv.fr/mediateur-des-entreprises .
• The Paris mediation and arbitration center (CMAP, Center de Médiation et d’Arbitrage de Paris) whose contact details are as follows: 39 avenue Franklin D. Roosevelt - 75008 Paris - https://www.cmap.fr/le-cmap/nous-saisir/

In application of this mediation clause, all exchanges between the parties will, unless the parties agree otherwise, be confidential for an unlimited period.

The duration of the mediation shall not exceed three (3) months, unless the parties agree otherwise.

In the event that mediation fails, the dispute will be settled by the Courts of Paris, notwithstanding multiple defendants or third party claims, including for summary proceedings or on request.

The parties may use only one mediator.

3. General Sales Terms and Conditions

Introduction

These General Sales Terms and Conditions (hereinafter "GSTC") shall apply to Buyers, in addition to the Buyer Terms and Conditions, to Vendors, in addition to Vendor Terms and Conditions, where the uppercase terms used here are defined.

GSTC shall apply to all sales of products made through the Service between the Vendor and the Buyer. They are set out to govern relations between Vendors and Buyers of Products, excluding relations formed between Buyers and Fnac Direct or between Vendors and Fnac Direct. Relationships between Buyers and Fnac Direct shall be governed by the Buyer Terms and Conditions. Relations between Vendors and Fnac Direct shall be governed by the Vendor Terms and Conditions.

Fnac Direct is not the Vendor of the Products purchased through the Service; only the Vendor, whose name is indicated on the description of each product, shall be the co-contracting party of the Buyer for the purchase of Products. Products may not be returned to or exchanged by Fnac Direct or a by Fnac store.

1. Conclusion of the Sales Contract between Buyer and Vendor

1) Products shall be presented on the Site with a description to enable the Buyer to know the essential characteristics, the price and time of delivery thereof.

2) The Buyer shall choose the products he wishes to purchase.

3) He shall confirm his choice of products, read and agree to these GSTM upon confirmation of his Order.

4) The Buyer shall receive an email confirming the registration of the order.

5) The Vendor shall be informed by Fnac Direct that one or more Products on his profile have been ordered.

6) The Vendor shall confirm the Buyer's order(s) within 2 business days after receiving the information referred to in point 5).

In the absence of order confirmation within the period referred to in paragraph 6), the contract between the Buyer and the Vendor shall be automatically canceled and each party shall be released from its obligations. The Buyer is assured that his bank account will not be debited.

Vendors' offers shall be valid as long as they are visible on the site, subject to availability. As a rule, in the event of exceptional unavailability of Products after an order has been placed by a Buyer, the Vendor shall inform the Buyer using the messaging tool available on the Service, the order shall be automatically canceled, and the Buyer shall be assured that his bank account will not be debited.

Similarly, in the particular case where the same product is ordered by several buyers at the same time, and depending on the availability of this product, (scarce, single, or used product), the product shall be sold to the first Buyer who places his order. Other Buyers shall then be informed of the cancellation of their order.

However, only sales contracts for unavailable products shall be affected by cancellation.

7) Once the order is confirmed by the Vendor, an email shall be sent to the Buyer to confirm and summarize the order and the Terms and Conditions (accessible in pdf format), and the Vendor shall assume commitment to deliver the products within the period specified and the Buyer's bank account shall be debited for the amount of the order.

8) Once confirmation of all or part of the Buyer's order is made, Products are then shipped by the Vendor pursuant to the conditions laid down in Article 3.

9) The Buyer must acknowledge receipt without delay in "My account" for each Product ordered. Otherwise, the Product will be deemed to have been received within 21 days of the date of debit of his bank account.

This clause is without prejudice to the provisions of Articles L. 217-4 and following of the Consumer Code listed in the Appendix, since the Buyer is free to contact the Vendor at any time, send all requests and claims on ordered Products using the messaging tool available on the Service.

10) The Buyer is invited to assess the Vendor's performance in the manner prescribed in Article 7.

2. Prices and Payment

Product purchase prices shall be set by the Vendor. They shall be mentioned in euros on the description, excluding shipping costs, the latter being added before the next order is validated according to the ranges specified in section 3 below and as indicated by the Vendor in the description.

As a reminder, when the Buyer confirms an order, he shall be under an obligation to pay the specified price.

Payment for purchases made through the Service shall be transacted by the "Methods of Payment" to Fnac Direct which will receive the corresponding amount in the name and on behalf of the Vendor.

Payment of your order in 3 or 4 installations by bank card starting from 100€ worth of purchases until 2000€ with Oney Bank.

Our partner, Oney Bank, offers a financial product called 3x 4x Oney, which allows consumers to pay for products valued between 150€ to 2000€ in either 3 or 4 installations with your bank card.

Terms :

This offer is reserved to individuals (physical people aged 18 or more) resident in France and who possess a VISA or MasterCard with a validity date greater than the duration of the chosen financial planning scheme. Systematic authorization cards such as Electron, Maestro, Nickel etc... as well as e-cards, indigo cards and American Express will not be accepted.

Subscription methods:

After completing your order, you must click on the “pay using 3x 4x Oney by bank card” button.
You will then be redirected to the 3x 4x Oney webpage of our partner which will show you a detailed summary of your order and of the personalized finance plan, which you must then validate.
You will be assigned you personal information or, if you have a 3x 4x Oney account, you will be identified using the identity information linked to your 3x 4x Oney account. You must be aware that the conditions of your subscription will be provided to you in PDF form so that you can read, print and save them before accepting them.
You will subsequently communicate your electronic acceptance by ticking the relevant box. You must recognize that a double-click on the box concerning the general conditions of the process amounts to an irrevocable acceptance without reservation to the general conditions of the product.
Unless otherwise proven, the information stored by Oney Bank constitutes overall evidence of all of the transactions that have taken place between yourself and Oney Bank.
If you would like to benefit from a financial solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will study the information for matters relating to the grating, management and recovery of credit.
Oney Bank reserves the right to accept or to refuse your 3x 4x Oney financing order. You are entitled to a 14-day window in which you may reject the 3x 4x payment plan offered to you by Oney Bank.

How it works:

Making a payment in 3 or 4 installations by bank card allows you to adjust your order through our website using the following method:

- a compulsory contribution, debited the day expedition of your order has been confirmed corresponding to either a third or a quarter of the order, to which added fee will be including amounting to 1.61% of the total amount of the order for a three instalment plan and a 2.40% for a four instalment plan (with a maximum limit of €25 for a payment in 3 instalments and maximim limit of €50 for a payment of 4 instalments.);

- two or three monthly payments, each corresponding to a third or a quarter of the order, removed 30 and 60 days after the order has been confirmed and removed at 30, 60 and 90 days in the case of a payment in 4 instalments.

• A payment in 3 instalments starting from a purchase worth 100€ until 2000€
  Example: For a purchase of 150€, contribution made of 52.42€ then 2 monthly payments of 50€
  Credit of a duration of 2 months at a fixed APR rate of 21.68%. Cost of financing: €2.42 with a maximum limit of €25.
• Payment in 4 instalments starting from purchases worth from 350€ to 2000€
  Example: for a purchase of 400€, a contribution of 109.60€ is made as well as 3 monthly instalments of 100€
  Credit over 3 months with a fixed APR of 21.61%. Cost of financing: €9.60 with a maximum limit of €50

Specific conditions for the punctual promotional offers:

For the payment in 3 installations without added charges: the cost of financing is a 0% of the total amount of the order.
Example for a purchase of 150€, a contribution of 50€ is made, as well as 2 monthly installments of 50€, credit over a period of 2 months at a fixed APR of 0%. Financing costs: 0%

For a payment in 4 installations without added charges: financing costs are at 0% of the total amount in the order.
Example For a purchase of 400€, a contribution of 100€ is made, followed by 3 monthly installations of 100€. Credit over a period of 3 months at a fixed APR of 0% and at a financing cost of 0%.

Conditions as of 17 of October 2023 subject to review. For more information: oney.fr

Oney Bank - SA valued at €51,286,585 - Headquarters: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias number: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr

3. Shipping Methods and Charges

The following shipping methods are proposed to the Buyer under the conditions defined below:

• Normal shipping
• Tracked shipping
• Shipping against signature

For Products less than or equal to €25 VAT, delivery shall be done at the discretion of the Buyer.

For any Product ranging between €25 and 200 VAT, delivery shall be done by tracking or against signature.

For Products amounting to more than €200 VAT, delivery shall be imperatively done against signature.

The Vendor may refuse to deliver the ordered Product in normal mode regardless of its price. In this case, he shall expressly include this reservation on the associated product description. Otherwise, he shall be obliged to comply with the criteria for choosing delivery provisions contained in the preceding paragraphs.

Product shipping costs are calculated as follows:

Please download detailed categories here

The Vendor shall ship ordered Products to the Buyer within 2 business days after the date of order confirmation; The Vendor shall be firmly committed to shipping the Products within that period. Products shall be delivered to the address specified by the Buyer in "My Account", and shipped according to his preference. It is therefore the sole responsibility of the Buyer to ensure that the information given to Fnac Direct is and remains correct in order to receive Products purchased on the Site. Products will travel at the Vendor's expense and risk. From the moment the Buyer takes physical possession of Products ordered, the risk of loss or damage to the Products are transferred to him.

Stocks

Upon receipt of ordered products, the Buyer shall notify the carrier, the Vendor through the messaging tool available on the Service and by any other means, of any reservation on the delivered Product (eg damaged package, already open, ...).

The Seller will inform Fnac accurately of the shipment of each order (if the Buyer's order has been shipped in several shipments, the Seller will tell FNAC DIRECT what part of the order has been sent) through the seller account. In the absence of such information, FNAC DIRECT may cancel the transaction concerned.

4. Right of Withdrawal

In accordance with legal provisions in force, in a purchase from a professional Vendor, the Buyer shall have 14 days from receipt of the Product(s) to exercise his right of withdrawal with the said Vendor, without having to justify his reasons or to pay a penalty.

For orders with multiple Products from the same Vendor, this short period of 14 days shall start from receipt of the last Product.

Upon exercising the right of withdrawal within the above period, only the price of purchased Products and shipping costs shall be refunded, return costs shall be borne by the Buyer.

The returns shall be in their original state and complete (packaging, accessories, manuals, ...) in the same packaging as used during the shipping to ensure their re-marketing.

Returns must be accompanied by proof of purchase with a copy of the invoice or purchase delivery for optimal management.

In accordance with the regulations in force (Article L221-28 of the Consumer Code), the right of withdrawal may be exercised for:

• audio recordings, video recordings or computer software unsealed after delivery;
• Supply of goods which were unsealed by the consumer after delivery and cannot be returned for hygienic or health reasons;
• Supply of a newspaper, periodical or magazine, except for subscriptions to these publications;

The buyer shall exercise his right of withdrawal directly with the Vendor concerned using:

• the attached standard form for withdrawals, herein annexed, to contact the Vendor at the address he will give him during their discussions via the messaging tool available through the Service
• or by any means, including by email expressing the will of the Buyer to retract unambiguously and mentioning the order concerned by this withdrawal using the messaging tool made available through the Service.

Once the form or withdrawal statement has been sent to the Vendor, the Buyer shall return the Products or Vendor within reasonable time limits and at the latest, within 14 days of notification of the Buyer's decision to withdraw.

The Buyer shall return Products to the address specified by the Vendor using the messaging tool available through the Service.

The refund of returned products shall be performed by Fnac Direct under the following conditions:

Fnac Direct will refund the amounts paid (including delivery charges, no later than 14 days from the date the right was claimed from the Vendor and notified to Fnac Direct, by the same means of payment used for the order. The reimbursement date may be postponed until recovery of the Product or until the Buyer has simultaneously provided to the Vendor and Fnac Direct proof of shipping, whichever is the earliest of these.

No return against reimbursement shall be accepted, regardless of the reason.

5. Disputes - Disagreements - Mediation - Online settlement of disputes

5.1 Complaints handling

At any time, the Buyer has the option to contact the Vendor, address all requests or claims with regard to Products ordered through the messaging tool provided by the Service, including claims of any valid warranties.

In addition to the messaging tool, a dedicated key shall be provided for the Buyer to indicate in his account - within 90 days for purchases from a professional Vendor - any complaint concerning Products, (eg product not received, etc.).

Beyond these deadlines, the Buyer retains the right to contact the Vendor to make any claim for Products ordered using the messaging tool available through the Service.

Disputes shall be settled directly between the Buyer and the Vendor through the messaging tool made available on the Service, where necessary.

The Buyer and the Vendor shall make their best efforts to reach an amicable resolution of the dispute.

Nevertheless, in the event that the Seller has not resolved the dispute with the Buyer within 8 working days from the receipt of the complaint, FNAC DIRECT reserves the right, after having previously informed the Seller, to refund the Product to the customer. The amount of this refund will then be deducted from the amounts to be paid by FNAC DIRECT to the Seller for Products sold by the Seller via the Service.

Depending on the case, declared disputes shall lead either to the return of ordered Products or a refund.

5.2 Mediation

In accordance with the French Consumer Laws, our company FNAC adheres to the Ethical Code of Fevad (the Federation of E-commerce and Distance Selling) and to the e-commerce mediation system of the Fevad (Médiateur de la consummation FEVAD - BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr

The Buyer may use the mediation service for consumer disputes linked to purchases made through the Service.

In accordance with the rules applicable to the mediation, any consumer dispute must be sent beforehand to the Vendor via the procedure indicated in this provision.

For more information concerning the e-commerce mediation system of the Fevad: http://www.mediateurfevad.fr/index.php/espace-consommateur/

5.3 Online Platform for the settlement of disputes:

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online platform for the settlement of disputes, facilitating independent settlement out of court, of online disputes between consumers and professionals in the European Union.

This platform is available at the following link: https://webgate.ec.europa.eu/odr/

6. Warranties

6.1. The legal guarantee of compliance applicable for contracts concluded until December 31, 2021

In accordance with the legal provisions in force (whose texts are recalled in Appendix 1) relative to the conformity of the good with the contract or hidden defects (referred to in the box below and the texts of which are recalled in the Appendix to these T&Cs) the Seller is liable for defects in conformity appearing on the Buyer's Products (new, second-hand and reconditioned goods) acquired by the Buyer under the following conditions.

For goods purchased second-hand or reconditioned and beyond six (6) months from the date of delivery of the product, it will be up to the Buyer to prove the existence of the alleged lack of conformity at the time of delivery.

The Products must be returned to the Seller in the state in which they were received with all the elements (accessories, instructions, etc.) in packaging that allows for transport in good conditions.

In this case, the shipping costs will be reimbursed to the Buyer on the basis of the invoiced rate and the return costs will be borne by the Seller.

The refund will be made by re-crediting the payment method used at the time of the order.

No Cash on Delivery shipments will be accepted for any reason. These guarantees are without prejudice to the right of withdrawal provided for in Article 4.

6.2. The legal guarantee of compliance applicable for contracts concluded from 1 January 2022

For goods and goods with digital elements

In accordance with the legal provisions in force relative to the conformity of the goods with the contract or hidden defects (referred to in the box below and the texts of which are given in the Appendix to these T&Cs) the Seller is liable for lack of conformity appearing on the goods or goods with digital elements (new, second-hand and reconditioned goods) acquired by the Buyer under the following conditions.

The Products must be returned to the Seller in the state in which they were received with all the elements (accessories, instructions, etc.) in packaging that allows for transport in good conditions.

In this case, the shipping costs will be reimbursed to the Buyer on the basis of the invoiced rate and the return costs will be borne by the Seller.

The refund will be made by re-crediting the payment method used at the time of the order.

No Cash on Delivery shipments will be accepted for any reason. These guarantees are without prejudice to the right of withdrawal provided for in Article 4.

For digital content and services

The following provisions apply only to digital content and services not subject to specific conditions.

Where the contract provides for a one-time provision of digital content or digital service, or a series of separate provision transactions:

Where the contract provides for the provision of digital content or digital service on an ongoing basis:

7. Vendor Assessment

Fnac Direct provides Buyers with means to assess the performance of Vendors at the end of the confirmation of receipt of Products.

This transparency enables buyers to choose Products from the most serious Vendors who best meet the Terms and Conditions of the Service.

The assessment shall be based on an evaluation criteria and the awarding of stars. As such, Fnac Direct shall have no control over the assessment of buyers, which it shall merely store on the Site. However, it may be required to remove, without notice, any assessment whose content has been reported to Fnac Direct as illegal. Feedback left by the Buyer and his pseudonym, will be visible to any visitor to the Site.

8. Personal Data

In addition to Article 5 of the Buyer Terms and Article 8 of the Vendor Terms, Buyers and Vendors are advised that all data collected as part of the Service with the placing of orders shall be processed by FNAC DARTY PARTICIPATIONS ET SERVICES and FNAC DIRECT for processing the said orders.

Buyer information and data relating to delivery shall be transmitted by Fnac Direct to Vendors for the sole purpose of Product shipping and, when applicable, to allow them to comply with their legal and regulatory obligations. This information may not under any circumstances be used for other purposes.

In case of difficulty regarding the processing of this information, the Buyer and the Vendor may apply directly to Fnac Direct under the conditions laid down, as appropriate, in the Buyer Terms and Conditions or in the Vendor Terms and Conditions.

Each Vendor shall have access only to personal data provided by Buyers of his Products to Fnac Direct when placing orders.

Vendors shall ensure the security of personal data kept for the purposes of shipping and tracking.

9. Security

The Site shall be protected by a security system: Fnac Direct has adopted the SSL encryption method and strengthened the overall jamming and encoding system to effectively protect all sensitive data on payment methods used on the Site.

10. Partial Disability

If one or more provisions of these Terms is held to be invalid or declared as such under any law, regulation or a final decision of a competent jurisdiction, the remaining provisions shall retain their full force and scope.

11. Applicable Laws

These Terms and Conditions are subject to French law. Any dispute arising from their interpretation and/or execution shall fall within the jurisdiction of French courts.

Appendix 1

Articles applicable to contracts concluded up to 31 December 2021.

Train Article L217-4 Consumer Code

The Vendor shall deliver goods in conformity with the contract and shall be responsible for conformity defects existing upon delivery.

He shall also be responsible for lack of conformity resulting from packaging, instructions for assembly, or installation when this is attributed to him as part of the contract or is carried out under his responsibility.

Train Article L217-5 Consumer Code

The product is in conformity with the contract:

1. If it is suitable for the purpose usually associated with such a Product and, where applicable:
   • If it matches the description given by the Vendor and possess the qualities presented to the Buyer in samples or models
   • If it possesses the features that a Buyer might reasonably expect given public statements made by the Vendor, the manufacturer or his representative, especially in ads or labels
2. Or if it has the characteristics mutually defined by the Parties or be suitable for any particular purpose which the Buyer made known to the Vendor and which the latter approved.

Train Article L. 217-12 Consumer Code

Actions resulting from lack of conformity shall lapse two years after delivery of the Product.

Former Article L. 217-16 of the Consumer Code:

When the Buyer asks the Vendor during the warranty period granted during purchase or repair of personal property, restoration covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining length of the warranty. This period shall run from the buyer's request for intervention or relinquishment for repairs if this action is later than the request for intervention.

Article 1641 of the Civil Code

The Vendor shall be bound to a warranty on account of hidden defects of sold Products which render them unfit for intended use, or which decrease this use so much so that the Buyer would not have purchased it, or would have paid a lower price if he had been aware.

Article 1648, Paragraph 1, Civil Code

Actions resulting from latent defects shall be taken by the Buyer within two years of discovery of the defect.

Articles applicable to contracts concluded from 1 January 2022

Legal guarantee against hidden defects

Article 1641 of the French Civil Code

The seller shall be liable for any hidden defects in the goods sold which render them unfit for the purpose for which they were intended, or which reduce that purpose to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, if they had known of them.

Article 1644 of the French Civil Code

In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be notified by the purchaser within two years of the discovery of the defect. Legal guarantee of conformity for goods and goods with digital elements

Article L.217-4 of the French Consumer Code

The good is in conformity with the contract if it meets the following criteria, where applicable:
1. It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2. It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of concluding the contract and accepted by the latter;
3. It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4. It is updated in accordance with the contract

Article L.217-5 of the French Consumer Code

I. In addition to the criteria for conformity with the contract, the good is in conformity if it meets the following criteria:
1. It is fit for the purpose normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2. Where applicable, it has the qualities which the seller presented to the consumer in the form of a sample or model before concluding the contract;
3. Where applicable, the digital elements it contains shall be provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4. Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5. Where applicable, it is provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19;
6. It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the label.
II. However, the seller shall not be bound by any public claims referred to in the preceding paragraph if they demonstrate:
1. That they did not know them and were not legitimately in a position to know them;
2. That at the time the contract was concluded, the public claims had been corrected under conditions comparable to the initial claims; or
3. That the public claims could not have influenced the purchase decision.
III. The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods which they were specifically informed deviated from the criteria of conformity set out in this article and to which they gave their express and separate consent at the time of concluding the contract.

Article L.217-7 of the French Consumer Code

Lack of conformity which appears within twenty-four months of delivery of the goods, including goods with digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the lack of conformity claimed.
For second-hand goods, this period is set at twelve months.
Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity which appears shall be presumed to exist at the time of delivery of the goods:
1. For a period of two (2) years from delivery of the goods, when the contract provides for this supply for a period of less than or equal to two (2) years or when the contract does not determine the duration of the supply;
2. During the period in which the digital content or service is provided under the contract, where the contract provides for such provision for a period exceeding two (2) years.

Article L.217-8 of the French Consumer Code

In the event of lack of conformity, the consumer shall be entitled to have the goods repaired or replaced or, failing that, to have the price reduced or the contract terminated, in accordance with the conditions set out in this subsection.
The consumer shall also have the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled their obligations under this chapter, in accordance with Articles 1219 and 1220 of the French Civil Code.
The provisions of this Chapter are without prejudice to the award of damages and interest.

Article L.217-9 of the French Consumer Code

The consumer shall have the right to demand that the goods are in conformity with the criteria set out in Subsection 1 of this Section.
The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller.

Article L.217-10 of the French Consumer Code

The goods shall be brought into conformity within a reasonable period of time, which may not exceed thirty (30) days following the consumer's request and without major inconvenience to the consumer, taking into account the nature of the goods and the intended use.
The repair or replacement of non-conforming goods shall include, where appropriate, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.
A decree specifies the conditions for bringing the good into conformity.

Article L.217-12 of the French Consumer Code

The seller may not proceed according to the choice made by the consumer if the requested conformity is impossible or would entail disproportionate costs, in particular with regard to:
1. The value that the goods would have had in the absence of the lack of conformity;
2. The significance of the lack of conformity; and
3. The possibility of choosing the other option without major inconvenience to the consumer.
The seller may refuse to bring the item into conformity if this is impossible or would entail disproportionate costs, particularly with regard to points 1 and 2.
If these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the solution initially requested, in accordance with Articles 1221 et seq of the French Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable means of communication.

Article L.217-13 of the French Consumer Code

Any goods repaired under the legal guarantee of conformity benefit from an extension of this guarantee of six (6) months.
If the consumer chooses to have the goods repaired but this is not done by the seller, a new period of legal guarantee of conformity for the goods replaced shall start to run for the consumer. This provision shall apply from the day the replacement goods are delivered to the consumer.
Legal guarantee of conformity for digital content and services

Article L.224-25-13 of the French Consumer Code

The digital content or service is in conformity with the contract if it meets the following criteria, where applicable:
1. It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2. It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of concluding the contract and accepted by them;
3. It is supplied with all accessories, including packaging, installation instructions, and customer support, to be provided in accordance with the contract;
4. It is updated in accordance with the contract.

Article L.224-25-14 of the Consumer Code

I.-In addition to the compliance criteria set out in the contract, the digital content or service is in conformity if it meets the following criteria:
1. It is appropriate to the use normally expected of digital content or a digital service of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2. Where appropriate, it possesses the qualities which the seller has presented to the consumer in the form of a trial version or preview, before concluding the contract;
3. The most recent version available is provided at the time the contract is concluded, unless the parties agree otherwise;
4. Where digital content or a digital service is provided on a continuous basis during a given period, it is provided without interruption throughout that period;
5. Where applicable, it is supplied with all the accessories and installation instructions and customer support that the consumer may legitimately expect;
6. Where appropriate, it is provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 224-25-25;
7. It corresponds to the quantity, quality and other characteristics, including functionality, compatibility, accessibility, continuity and security, which the consumer may legitimately expect of digital content or digital services of the same type, having regard to the nature of such content or services and to public claims made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labeling.
II.-However, the seller shall not be bound by any public claims mentioned in the last paragraph of I if they demonstrate:
1. That they did not know them and were not legitimately in a position to know them;
2. That at the time the contract was concluded, the public claims had been corrected under conditions comparable to the initial claims; or
3. That the public claims could not have influenced the decision to purchase.
III.- The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the digital content or service which they were specifically informed deviated from the conformity criteria set out in this article, and to which they gave their express and separate consent when the contract was concluded.

Article L.224-25-16 of the French Consumer Code

I.- Lack of conformity which appears within twelve months of the supply of the digital content or service shall be presumed to have existed at the time of that supply, unless proven otherwise.
Where the contract provides for the continuous supply of the digital content or service over a certain period of time, the burden of proof as to whether the digital content or service was in conformity during the contractual period of supply shall bind with the seller in the case of a lack of conformity which arises during that period.
II.-The seller shall not be liable for lack of conformity if they demonstrate that the lack of conformity is directly attributable to the incompatibility between the digital content or service and the consumer's digital environment and that the consumer had been informed by the seller of the technical requirements for compatibility of that content or service before concluding the contract.
The consumer is obliged to cooperate with the seller, as far as it is reasonably possible, necessary and least intrusive for them, to determine whether the lack of conformity is caused by this incompatibility. Otherwise, the burden of proof referred to in the first or second paragraph of this Article shall lie with the consumer, provided that the consumer was informed in a clear and understandable manner of their obligation to cooperate before concluding the contract.

Article L.224-25-17 of the French Consumer Code

In the event of lack of conformity, the consumer shall be entitled to have the digital content or service brought into conformity or, failing that, to have the price reduced or the contract terminated, in accordance with the conditions set out in this paragraph.
The consumer shall also have the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled their obligations under this Subsection, in accordance with Articles 1219 and 1220 of the French Civil Code.
The provisions of this subsection are without prejudice to the award of damages and interest.

Article L.224-25-18 of the French Consumer Code

In the event of lack of conformity, the consumer shall be entitled to demand that the digital content or service be brought into conformity with the criteria set out in paragraph 1 of this Subsection.
Conformity shall be achieved at no cost to the consumer, without undue delay following the consumer's request and without significant inconvenience to the consumer, taking into account the nature of the digital content or service concerned and the intended use.
The consumer is not obliged to pay for the intended use of the digital content or service during the period, prior to termination of the contract, in which that content or service did not conform.

Article L.224-25-19 of the French Consumer Code

The seller may refuse to bring it into conformity if it proves impossible or would entail disproportionate costs, having regard in particular to the significance of the lack of conformity and the value of the digital content or service in the absence of the defect.
If these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the requested compliance in accordance with Articles 1221 et seq. of the French Civil Code.
Any refusal by the seller to bring the digital content or service into conformity shall be demonstrated in writing or on a durable means of communication.

Appendix 2 - Retraction Form

Please complete and return this form only if you wish to retract your order placed with the Seller as part of the Service provided by FNAC DIRECT.

To the attention of [Seller's name (*) ...................................................– service .................................................. –

address of the Seller (*) .........................................................

(e-mail: of the Seller ...................................................).

I / We (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the item indicated below:

Ordered on (date) ............................................. / Received on (date) .............................................................................. (*)

Name of the Buyer(s): .........................................................................

Address of the Buyer(s): .........................................................................

Signature of the Purchaser(s) (only in case of notification of this paper form):

Date : ..........................................................................

(*)In order to optimize the return, we advise you to confirm this information with the Seller via the messaging tool provided as part of the Service.

(**) Delete as applicable