Terms and Conditions
PREAMBLE
The Avenue de Versailles on-line advertisement service, managed by the Avenue de Versailles SARL company (hereafter the Avenue de Versailles Platform), brings together people who sell (hereafter the Sellers) and people who buy (hereafter the Buyers) items (hereafter the Items). The Sellers and the Buyers are hereafter referred to jointly as the Members. The Avenue de Versailles Platform permits the closing of sales contracts for the Items. The Members are the sole decision-makers for the realization of the purchase and the sale of the Items.
Avenue de Versailles and www.avenuedeversailles.fr are trademarks and property of the RIMAJE, SARL company with a capital of 4,000 euro, headquartered at 47, rue Claude Terrasse, 75016 Paris, registered at the Registre du Commerce et des Sociétés (Register of Commerce and Trade) in Paris under number 499 925 667.
By accepting these Terms and Conditions, the Members authorize Avenue de Versailles to put Sellers and Buyers in contact and perform the Transactions made on the Avenue de Versailles site according to the terms set forth below.
Version of June 10 2008

I. DEFINITIONS
Buyer: means a Member having indicated acceptance of a Seller’s offer.
Product Code: means the EAN code (barcode) or equivalent constituting the identification of an item as described in the Reference Base of the Avenue de Versailles Documentation.
Commission: means the payment collected by Avenue de Versailles for the use of the Avenue de Versailles Platform. The Commission is defined as a percentage of the Price. The percentage is determined by mutual agreement between Avenue de Versailles and the Seller according to the nature of the Items proposed for sale.
Avenue de Versailles Documentation: means the information presented on-line on the Avenue de Versailles Platform in the sections FAQ (Frequently Asked Questions), Help, Contact, How to Sell and How to Buy, accessible on the Avenue de Versailles site.
Shipping charges: means the charges for shipping and the insurance for the Items of a Transaction on the Avenue de Versailles Platform. They are dependent on the destination address (country, region, department, city), the weight of the Items, as well as their combined value. The calculation for shipping is done automatically in the Calculate Price step of the Transaction when a Buyer decides to validate a Transaction. Their price schedule is available on the Internet site of Avenue de Versailles’s Logistics Service, provided in the Avenue de Versailles Documentation (create a link).

Member: means a Seller or a Buyer intending to make use of the Avenue de Versailles Platform after accepting the Terms and Conditions. Every Member commits to supplying exact information with respect to his/her identity, address, and other data necessary for access to the Avenue de Versailles Platform, and to update any changes concerning this information. All Members must be over the age or 18 in order to use the Avenue de Versailles Platform.
Avenue de Versailles Platform (or Platform): means the functional and organizational structure put in place by Avenue de Versailles to facilitate the Bringing Together of Sellers and Buyers of Items. The Transactions are performed on the site www.avenuedeversailles.fr which is accessible via the Internet.
Price: means the price proposed by the Seller for his/her offer of sale of an Item. The Price constitutes the assessment base for Avenue de Versailles’s commission. If an Item is sold, the Seller collects the amount of the Price after deduction of the Commission, as defined in these Terms and Conditions.
Price of the Transaction: means the total price of the Item payable by the Buyer upon conclusion of a Transaction on the Platform, including, in addition to the Price of the Item, the Shipping Charges, as well as any possible commission or financial fees resulting from the use of the payment options available on the Avenue de Versailles Platform (e.g.: PayPal).
Item: means the Items available for sale on the Avenue de Versailles Platform, and expected to become part of a Transaction. The Sellers will not list the Items on-line directly. They are first proposed to Avenue de Versailles using the electronic form found in the Platform’s section How to Sell, then submitted to Avenue de Versailles for validation.
Prohibited Item: means Items not in line with good moral standards and current laws and regulations. It refers to, among other things, Items that are non-authorized copies or that would constitute counterfeit items according to the Intellectual Property Rights Code or non-authorized items in virtue of legislative, regulatory, or contractual measures.
Avenue de Versailles Logistics Service: means the logistics service provider(s) having entered into a contract with Avenue de Versailles to manage the shipping of Items that were part of a Transaction on the Avenue de Versailles Platform.
Transaction: means that act of buying an Item by a Buyer realized on the Avenue de Versailles Platform.
Seller: means a Member making an offer to sell an Item on the Avenue de Versailles Platform.


II. OBJECT
The object of these Terms and Conditions is to define the conditions and terms according to which the Members are authorized to use the Avenue de Versailles Platform for the purpose of realizing Transactions.

III. AVENUE DE VERSAILLES’S OBLIGATIONS
3.1 Avenue de Versailles is a private Internet Platform, a transactional space for on-line buying and selling and is not required to list on-line all of the offers it receives from its Sellers and make them available to its Members. Avenue de Versailles reserves the right to refuse listing Items on-line that it judges in conflict with legal measures in force in France or that it may judge as not conforming to its product strategy.
3.2 Avenue de Versailles promises, for all Items that it accepts to list on-line and for which it has received authorization to sell, to list the said Item on-line on the Platform, available to Buyers and to organize, in the event of a Transaction, the shipping of the Item according to the terms as defined below. Avenue de Versailles also receives authority to collect the Price of the Transaction and promises to forward it to the Seller—minus the Commission—according to the timeframe, conditions, and terms defined below.
Avenue de Versailles cannot guarantee that the Buyer will be satisfied with the Seller’s Item. Also, Avenue de Versailles cannot guarantee the Seller that the Item will not be returned or that the sale will not be cancelled by the Buyer.
Avenue de Versailles promises to verify the identity of the Sellers. Avenue de Versailles does not carry out a formal verification having any legal value on the quality; the safety or legality of the Item; or the truthfulness or accuracy of the information of any part of what the Seller lists on-line.
Avenue de Versailles promises to assure the handling of all claims resulting from the sale of an Item on the Avenue de Versailles Platform and intervene as a trusted third party between the parties.
3.3 Avenue de Versailles is in no way a reseller of the Items in the framework of a Transaction and is at no time in possession of said Items.
3.4 In the event that a Member does not respect these Terms and Conditions, Avenue de Versailles reserves the right to remove the sale of the Item in question, suspend the Member’s account, and to block any amounts therein at any time.

IV. TERMS AND CONDITIONS APPLICABLE TO SELLERS
4.1 – Procedure for Listing Items On-Line
The Seller submits the Item(s) that he/she wishes to list on-line to Avenue de Versailles using the electronic form found in the Platform’s “Sell” section.
As a reminder, Avenue de Versailles reserves the right to refuse listing Items on-line that it judges as conflicting with legal measures in force in France or that it may judge as not conforming to its product strategy.
Following the exchanges between the Seller and Avenue de Versailles with regard to the definition of the presentation information for the Items on the Platform (descriptions, photographs, certificates, Sales Price, etc.), Avenue de Versailles sends the Seller a summary Email for validation. This Email contains the final version of how the Items will be presented on the Platform.
As soon as the Seller has accepted said presentation by responding to the Email, Avenue de Versailles will immediately send the Seller an Authorization to Sell form along with these Terms and Conditions via regular mail.
The Seller must return the signed contract to Avenue de Versailles at the following address: Avenue de Versailles - 47 rue Claude Terrasse - 75016 Paris.
Avenue de Versailles will not list the Items on-line until after Avenue de Versailles has received the authorization contract duly signed by the Seller.

The information given by the Seller binds the Seller, and any error in the content when his/her Items are listed on-line (wording, description, photographs, etc.) is not the responsibility of Avenue de Versailles.
Avenue de Versailles and/or Avenue de Versailles’s access provider can, at any time, suspend listing the Items on-line if it is revealed that the Items do not meet the criteria defined in this contract or do not correspond to the description that the Seller provided. The Seller will be informed of this by Email in a timely manner.
The Seller can, at any time, decide to change the elements of an advertisement that he/she has had listed on-line. In order to do this, he/she must contact Avenue de Versailles by Email (contact@avenuedeversailles.fr) or by regular mail (Avenue de Versailles 47 rue Claude Terrasse 75016 Paris). Avenue de Versailles promises to implement the changes requested in a timely manner.
The Sales Price for the Items is determined by the Seller in the authorization contract.

4.2 – Seller’s Obligations
4.2.1 – Seller’s Declarations
The Seller promises that the Items listed on-line comply with public policy, good moral standards, current French law, as well as with the rights of third-parties, and that they are not likely to offend the sensitivity of minors.
The Seller refrains from selling directly or indirectly by intermediary of the Platform, in particular, and not limited to:
- Items encouraging, directly or indirectly, racism, xenophobia, anti-Semitism, discrimination based on race, sex, or religion, hate, or violence;
- Stolen Items
- Items that are defamatory, offensive, or infringe on the right to privacy, honor, or reputation of others;
- Items infringing on intellectual property rights (counterfeit goods, counterfeit digital files, prohibited copies of audio or video recordings, among others);
- Items not in compliance with the standards to which they are subject;
- Items prohibited for Sale by current regulations (animal fur, ivory, alcohol,…).
The Seller promises to inform Avenue de Versailles as soon as he/she becomes aware that the sale of an Item put on-line is prohibited as indicated above.
The Seller promises that the Items offered for sale are:
- Available for immediate sale;
- Second hand (i.e. have been purchased on the market by a consumer);
- In his/her possession. The Seller refrains from selling Articles of which he/she does not have full ownership and/or which are not freely available.

4.2.2 – The Seller promises to describe the Item offered for sale according to the criteria upheld and communicated by Avenue de Versailles in the preparation and on-line listing validation phase.
The description of the Item must match its actual characteristics. The Seller should mention, for example: the Item’s name, the Item’s features, its working condition, the proposed Price of the Item.
4.2.3 – The Seller alone is responsible for the correct execution of the obligation to inform the buyers of the Item’s essential characteristics. He/She alone is responsible for the description of the Items that he/she is offering for sale. He/She covers Avenue de Versailles for any claim related to the content and to the form of said description. The Seller promises to carry out all validations and verifications, and to supply any details necessary so that the description and the information posted on-line are true and do not mislead the Buyer.
In the event of an error in any of the information posted on-line, the Seller alone shall assume all consequences, and neither the Buyer nor Avenue de Versailles shall accept any claims from him/her within that scope.
4.2.4 – All Items listed on-line on the Platform result in the formation of a contract giving Avenue de Versailles exclusive Authorization to Sell the Item. Consequently, the Seller is obligated to yield any Item listed on-line on the Avenue de Versailles Platform to the Buyer throughout the duration of the Authorization.
In the event of a breach in this promise, Avenue de Versailles shall temporarily or indefinitely suspend all of the Seller’s offers on the Platform.
4.2.5 – Packing the Item
In the event of a Transaction, the Seller is responsible for packing the Items and preparation of the packages. He/She is obligated to apply the packing guidelines as defined in the Avenue de Versailles Documentation by the Avenue de Versailles Logistics Services.
Not respecting these packing guidelines releases Avenue de Versailles from any responsibility in case of breakage during the shipping of the Item.
In the event of breakage or incident during the shipment phase of the Item, the Avenue de Versailles Logistics Service assesses the Item package and packing. The Avenue de Versailles Logistics Service alone is capable of giving an opinion on the quality of how the Item was packed.
When packing the Item, the Seller promises not to include any advertizing for himself/herself or for anyone else, in any form (message, pamphlet, leaflet, sticker, etc.) or convey in any way, shape, or form identifying information.
4.2.6 – Professional Sellers’ Obligations
The Seller, acting as a professional, must identify himself/herself to Avenue de Versailles as such. Avenue de Versailles reserves the right not to enter into a contract with a professional Seller.
Avenue de Versailles reminds the professional Seller of his/her obligation to respect the laws and regulations related to carrying out remote commercial sales activity as a professional. He/She should especially make sure of his/her trade or fiscal declaration obligations. The Seller shall respect the regulations regarding electronic equipment and electronics.
The professional Seller promises to establish a registered attestation of the sale carried out and an invoice for the Buyer, which are in compliance with the legal requirements and list the Item sold and the Price of the Transaction. This attestation should mention the existence of and the terms for carrying out the right of withdrawal with Avenue de Versailles for the Buyer.

4.3 – Financial Arrangements
4.3.1 The Seller authorizes Avenue de Versailles to collect, in his/her name and on his/her behalf, the Price of the Transaction using a secure electronic payment system in place on by the Platform or by any other means that shall be subsequently validated and implemented by Avenue de Versailles. The Seller expressly renounces any claim to the profits of the sums (interest or other) that may be produced by the immobilization of amounts collected from a Transaction.
4.3.2 In payment for the use of the Avenue de Versailles Platform, the Seller authorizes Avenue de Versailles, by accepting the Buyer’s offer and complete payment of the Transaction Price, to retain a Commission on the Item’s Price as determined according to the terms defined below.
The Commission is owed by the Seller in the event the Buyer returns the Item because the Seller did not respect any one of the obligations to which he/she is held according to the terms in these Terms and Conditions.
The Commission shall also be owed by the Seller in the event the Seller refuses to complete the Transaction, in particular, by refusing to ship the Item to the Buyer.
4.3.3 The rate of Commission owed to Avenue de Versailles is indicated in the Authorization to Sell signed by the Seller before the Items are listed on-line. It is represented by a percentage of the Items’ Sales Price. The Commission is due to Avenue de Versailles when Avenue de Versailles receives the totality of the Transaction Price.
Payment of the Price to the Seller, after deduction of the Commission, will be made by check sent to the Seller’s residence or by bank transfer to the establishment designated by the Seller, at Avenue de Versailles’s choice.

V. SELLING PROCEDURES
5.1 The Transaction is considered complete between the Buyer and the Seller as soon as the Buyer has confirmed his/her unconditional agreement to the Seller’s offer and Avenue de Versailles has acknowledged the receipt and collection of the entire Transaction Price. The sale is considered having taken place when Avenue de Versailles acknowledges the receipt and collection of the entire Transaction Price paid by the Buyer; the payment of the Transaction Price to Avenue de Versailles by the Buyer being considered as an agreement to said offer. The buyer acknowledges that his/her acceptance of the offer is made according to the description of the Item listed for sale and that it is considered as a solid commitment to enter into an agreement with the Seller according to the conditions of the offer.
5.2 Avenue de Versailles notifies the Buyer as well as the Seller of the Transaction via Email as soon as it has been registered on the Platform. The data related to the Transaction is also available in the “My Account” section for each Member. It is updated as permitted by the Platform’s computer and telecommunication tools.
5.3 As soon as the Transaction Price is collected, Avenue de Versailles notifies the Seller via Email of the date set for picking up the Item at his/her residence (or any other location he/she indicates) and also sends him/her a shipping label (in electronic format) that the Seller must then print out and attach to the package(s) being sent. The label must be visible and the barcode cannot be wrinkled.
If the pickup date chosen by Avenue de Versailles is not convenient for the Seller, the Seller must contact the Avenue de Versailles Logistics Service immediately to agree on a new pickup date or to drop the Item off at an Avenue de Versailles Logistics Service drop-off center. The list of Avenue de Versailles Logistics Service drop-off centers is available in the Avenue de Versailles Documentation.
In the event the Seller does not comply with the pre-arranged Item pickup day, the cost for the trip will be at the Seller’s expense. The Seller expressly authorizes Avenue de Versailles to deduct the amount from the Price that will be transferred to him/her.
5.4 The payment of the Price – minus the Commission – to the Seller is made upon the Buyer’s receipt of the Item.
However, the Seller accepts in advance that Avenue de Versailles’s payment of the Price – minus the Commission may be delayed in the case of a claim by the Buyer and during Avenue de Versailles’s investigation of this claim. This delay will be stated in the exchanges with the Members.
5.5 As soon as the Transaction Price has been collected and the Item has been delivered to the Buyer, Avenue de Versailles will communicate the identity of the Buyer to the Seller or that of the Seller to the Buyer upon request of either of the aforementioned.

VI. TERMS AND CONDITIONS APPLICABLE TO THE BUYERS
6.1 For all first-time Transactions for amounts over 150 euro (including tax), Avenue de Versailles may, exceptionally and with the goal of fighting against possible fraud, seek to validate the identity of the Buyer. If there is a lack of information as required by Avenue de Versailles in order to validate the identity, Avenue de Versailles can cancel the Transaction performed by the Buyer.
6.2 The Buyer promises to possess a standard mailbox in compliance with the postal service’s recommendations (mailbox size, residents’ address, etc.).
6.3 The Item’s conformity is, by default, validated once the delivery is confirmed and the buyer is in possession of the Item. In the event of non-conformity, the Buyer may, nevertheless, lodge a complaint within 15 days of the receipt of the Item. At the end of this time period, if no confirmation or claim has been received, the transaction is considered complete.
6.4 Non-Payment
In the event of a non-payment following fraudulent use of a payment method, Avenue de Versailles shall charge the Buyer administrative fees in the sum of an amount equal to 20% of the total of the non-payment, but not less than 50 (fifty) euro (excluding tax). The Member authorizes Avenue de Versailles to collect the amount of the non-payment, plus the administrative fees, from other transactions the Buyer may have in processes on the Avenue de Versailles Platform. If necessary, Avenue de Versailles reserves the right to bring legal charges against the Buyer in a competent court of law in order to claim payment for said damages and interest.
6.5 The Shipping Charges and any possible financial commissions are paid by the Buyer and determined at the time of the Transaction. The schedule for the Shipping Charges is found in the Avenue de Versailles Documentation. If PayPal is used as the means of payment, the PayPal commission is charged to the Buyer and is included in the Transaction Price.

VII. CLAIMS AND RIGHT OF WITHDRAWAL
7.1 General Provisions
Any claims, whatever the nature may be and relative to an Item, must be submitted to Avenue de Versailles by registered mail with request for a signature upon receipt. The claim shall be detailed and clearly indicate the reasons of dissatisfaction. The Buyer who submits a claim may withdraw it at any time. All withdrawals are definitive.
The Members shall act with all necessary diligence in order to resolve the claim. They shall cooperate with Avenue de Versailles and submit to it the documentation necessary to handle the claim. They promise to respect the terms for handling claims established below or communicated by Avenue de Versailles. If these terms are not respected, the claim will not be processed.
In the event of a claim and until resolution of the dispute, the Member’s sums involved may be temporarily blocked, without earning interest, by Avenue de Versailles. If there are numerous claims against the same Member, Avenue de Versailles also reserves the right to block said Member’s account.
7.2 Non-Receipt of an Order
7.2.1 The Buyer promises to wait for a period of three weeks after notification of a Transaction before lodging a claim with Avenue de Versailles in the case of non-receipt, total or partial, of the Item ordered.
7.2.2 A non-receipt claim for not receiving any of the Item ordered, which is judged legitimate by Avenue de Versailles, may engender full reimbursement for the Buyer, except in the case of fraud.
7.2.3 Avenue de Versailles guarantees reimbursement of the Buyer and Seller in the event of loss or theft of the Item during the shipping phase, on the condition that this was being taken care of by the Avenue de Versailles Logistics Service.
7.2.4 In the event the Buyer is not present when the Avenue de Versailles Logistics Service arrives to deliver the Item, the Buyer is notified with an attempted delivery slip being left.
The Avenue de Versailles Logistics Service then organizes, without charge, two more daily attempts to deliver on consecutive days.
If the Buyer is still not present to receive the Item after the 3rd attempt to deliver, and if the Buyer has not contacted the Avenue de Versailles Logistics Service following the attempted delivery notice on the first attempt, the Item is automatically returned to the Seller’s residence. The sale is thus cancelled and the Buyer is fully reimbursed.
If this is the case, and in the event of repeated abuse or cancellation of Transactions due to this reason, Avenue de Versailles reserves the right to deduct the Shipping Charges, the return shipping charges, as well as its Commission from the Buyer’s Transaction reimbursement.
7.3 Failure to Conform
7.3.1 A claim invoking the Item’s failure to conform requires the Buyer to return the Item.
It is mandatory that the Avenue de Versailles Logistics Service handle the Item’s return.
As soon as such a claim is received, Avenue de Versailles organizes and takes charge of returning the Item.
7.3.2 Returning an Item due to non-conformity will only be allowed if the claim has been made in the 15 days following the delivery of the Item and if the Buyer has followed the instructions put forth by Avenue de Versailles.
The Buyer is held responsible for packing the Item and is subject to the same obligations in the matter as was the Seller for the original shipping.
7.3.3 As soon as a claim for non-conformity is received, Avenue de Versailles plays the role of a trusted third-party and is the only one qualified to establish a non-conformity.
In order to do this, Seller and Buyer must comply with the instructions sent by Avenue de Versailles during the claim analysis phase.
After establishment of the Item’s non-conformity in relation to the information posted on-line on the Platform, it shall be exchanged for an Item of the same type and of identical quality according to its availability from the Seller.
In the event the Item is not available, Avenue de Versailles will carry out the reimbursement of the Transaction Price if it has already been debited from the Buyers account.
7.3.4 After the Item’s non-conformity has been established, the return shipping fees incurred by the Buyer and/or Avenue de Versailles are the responsibility of the Seller.
7.4 Damaged Item
Avenue de Versailles guarantees reimbursement, either total or partial, for the Buyer in case the Item is broken during the shipping phase, on the condition that the shipping was handled by the Avenue de Versailles Logistics Service.
Avenue de Versailles guarantees reimbursement, either total or partial, for the Seller in case the Item is broken during the shipping phase, on the condition that the results of the assessment made by the Avenue de Versailles Logistics Service, following discovery of the incident, do not find the packing of the Item and the preparation of the package, which the Seller alone is responsible for, as the cause. If it is the Seller’s responsibility, he/she shall not expect any reimbursement or any type of indemnity.
If the Buyer establishes that the Item delivered to him/her is damaged due to shipping, it must be noted on the delivery slip and a written claim sent to Avenue de Versailles within 5 days of receiving the Item.
Avenue de Versailles begins an assessment phase in order to determine the cause of the damage.
To this end, Avenue de Versailles organizes the shipment of the Item to the Avenue de Versailles Logistics Service’s Assessment Unit.
Avenue de Versailles promises to determine the cause of the damage and implement appropriate compensation measures within 10 days of receiving the claim from the Buyer, except for unexpected delays encountered during the shipment phase to the Avenue de Versailles Logistics Service’s Assessment Unit.
7.5 Hidden Defects
In the event that a hidden defect is discovered, the buyer must submit his/her request according to the timeframes and terms set down in articles 1641 and according to the Civil Code.
7.6 Right of Withdrawal
When an Item has been bought from a professional Seller who is registered as such on the Platform, the Buyer has the right of withdrawal. This can only be done in the seven days following receipt of the Item. The buyer must notify Avenue de Versailles of his/her wishes within the given time by registered mail with acknowledgement of receipt.
Avenue de Versailles shall inform the Buyer of the terms for returning the Item to the Seller. The Item shall be returned intact in the original wrapping with all of its accessories and documents, in packaging identical to the shipping packaging within seven days from Avenue de Versailles’s response.
The withdrawal shall not apply to reproducible articles (CD’s, DVD’s, VHS, video games, software, etc.) unless they are still sealed. The Buyer is responsible for transportation charges incurred in the event of a withdrawal.
7.7 Results of an Approved Claim
7.7.1 When a claim is validated by Avenue de Versailles, and it results in the Buyer’s full reimbursement and returning the Item to the Seller, the Buyer renounces, by this act, all rights to the Item, which, because of this, has ceased to be his/her property. The corresponding reimbursements are made by check or bank transfer to the Member’s account, at Avenue de Versailles’s choice.
7.7.2 Avenue de Versailles may retain the returned Item if the Seller has not reimbursed the return and/or reshipment fees and/or settled the amount of the Commission due to Avenue de Versailles in virtue thereof.
If the Seller fails to make payments of the aforementioned sums within one month and if, after being formally notified by Avenue de Versailles, there is no activity for more than fifteen days, the Item shall be considered to be the property of Avenue de Versailles, who may use it freely and also sell it according to the terms and conditions of its choice.
The Seller cannot refuse to exchange a returned Item because of its non-conformity in relation to the information posted on-line on the Platform or refuse to cancel the sale and reimburse the Buyer in the event an identical Item, conforming to the information posted on-line on the Platform, is unavailable.

VIII. MEMBER OBLIGATIONS
8.1 By registering with Avenue de Versailles, the Member receives a unique ID and individual access code, both of which are strictly personal and which the Member promises to keep confidential. The registered Member is the only one authorized to use the Avenue de Versailles Platform with the ID and personal access code. The Member promises not to offer any other person access to the Avenue de Versailles Platform under his/her identity or screen name. If the Member becomes aware that another person is accessing the Avenue de Versailles Platform, the Member shall inform Avenue de Versailles immediately and confirm this information by mail.
8.2 The Member promises not to take an ID infringing on the rights of a third-party. The Member shall not adopt, for example, an ID infringing on intellectual property rights, a trademark, a registered company name, or a patronymic name.
8.3 The Member agrees not to create or use accounts other than that originally created, whether it be under his/her own identity or that of a third-party. Any dispensations to this rule must be explicitly requested by the Member, and express and specific authorization must be given by Avenue de Versailles. Creating or using new accounts under one’s own identity or that of a third-party without having requested and obtained Avenue de Versailles’s authorization may lead to the immediate suspension of the Member’s accounts and all of the related services.
8.4 In the event of disputes among Members, the parties agree that Avenue de Versailles’s production of registrations on the Avenue de Versailles servers showing the use of the Avenue de Versailles Platform and, in particular, the Member’s personal access codes will be proof for the parties.
8.5 The Member refrains from putting up for sale, selling, leaving up for sale, or buying, directly or indirectly, Items that go against good moral standards and the current laws and regulations.
8.6 The Member refrains, in particular, from putting up for sale and/or buying, directly or indirectly, Prohibited Items, as well as using information to which he/she has access on the Avenue de Versailles Platform to purchase or sell such Prohibited Items. The Member promises to immediately inform Avenue de Versailles in the event he/she becomes aware of such Items on-line for sale.
8.7 Avenue de Versailles reserves the right to immediately suspend the Member’s account and the amounts therein, and to bring to the attention of the competent authorities any purchase, any offer for sale, or any attempt to offer for sale such Items on the Avenue de Versailles Platform. In such a situation, the Member will be liable for administrative fees at a fixed amount of 20 euro plus a variable amount of 20% of the amount of the sales/order, which cannot be less than 50 euro. The Member authorizes Avenue de Versailles to collect these sums from the amount of the outstanding amounts that he/she may have at that moment with Avenue de Versailles.

IX. LIABILITY
9.1 The Seller declares and guarantees having the right to pass on the sold Item(s), that it is in no manner sold, mortgaged, encumbered or, more generally, devolved to a third-party, and that the transaction he/she is carrying out is not at risk of violating the rights of a third-party. The Seller attests that his/her potential sale is compliant with current legal regulations, in particular in regards to the Intellectual Property Code and all specific regulations, for example, as applied to books – the Lang Law of August 10, 1981.
Prior to offering anything for sale, the Seller will verify, as necessary, by reading the licenses or possible conditions for use of the Item, that the right to use the Item authorizes him/her to sell it. The Seller guarantees and shall indemnify Avenue de Versailles on demand for all damages suffered by Avenue de Versailles and for any liability action that may be brought against Avenue de Versailles based on the violation of any right of a third-party.
In the event of blatant fraud (fraudulent copy, receiving stolen items, illegal importation, etc.), Avenue de Versailles shall communicate all of the necessary information, including names, to the competent agencies in charge of fraud and infractions.
9.2 In the event article 10.1 is not respected, as well as in the case of fraud of one of the Avenue de Versailles Platform’s Members, Avenue de Versailles cannot be held liable and sought for liability, since the operations carried out on the Avenue de Versailles Platform is based on the trust existing among the Members.
9.3 Unless Avenue de Versailles is at fault, it cannot be held liable for any possible damage suffered by a Member, in particular: operating loss or loss of information. Avenue de Versailles cannot be held liable for any possible malfunction, breakdown, delay, or interruption in access to the Internet.
9.4 On the basis of these Terms and Conditions, Avenue de Versailles’s liability shall be financially limited to the equivalent of the Transaction Price unless it is at fault.

X. TERMINATION
10.1 In the event a Member does not respect any the following obligations:
- Offering for sale counterfeit objects;
- Opening several accounts;
- Payment fraud;
- Attempted fraud;
- Or any other criminal infraction
Avenue de Versailles reserves the option to suspend the Member’s access to the Platform, without prejudice of indemnification for any damage that Avenue de Versailles may possibly suffer; the Seller cannot, in this case, invoke any possible fees incurred by him/her when his/her Items were listed on-line.
10.2 The suspension only produces future effects. Thus, despite a suspension for whatever reason it may be, the Member is still entitled to the commissions due for any Transactions carried out before the effective date of the suspension.

XI. GENERAL PROVISIONS
11.1 Avenue de Versailles has the option of modifying these General Conditions as its commercial and market strategy evolves. Any changes will take effect immediately for the Items on-line as soon as the Members are notified of them by any means chosen by Avenue de Versailles. They shall not apply to the transactions being carried out at the time they become effective. Occasionally, Avenue de Versailles may change its code, telephone number, remove an old number, interrupt the service for operational reasons, maintenance, or in case of an emergency.
11.2 The Member shall connect to the Platform by means of his/her own equipment and telecommunication terminals. Avenue de Versailles does not make available to the Member any type of hardware, telephone setup, terminal or other types of equipment, software, or subscription.
11.3 The personal data related to the Members is collected, registered, and stored in compliance with the provisions of the Law related to information technology, files, and rights of January 6, 1978. The Members have the right of access and correction, as provided for in the law, with Avenue de Versailles.
11.4 In the event of a force majeure, the obligations of the affected party will be suspended, particularly in the case of:
- An act or omission of the government or superior competent authorities;
- Blocking or failure of the telecommunications network;
- Insurrection, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, strike, flood, storm, act of a third-party.
11.5 The invalidity of one or several clauses of these Terms and Conditions shall not result in the nullity of the latter.
11.6 This contract is subject to French Law. Any dispute with a Member acting as a professional and resulting from its interpretation and/or its execution comes under the jurisdiction of the commercial court of Paris.

Avenue de Versailles
47, rue Claude Terrasse - 75016 Paris
contact@avenuedeversailles.fr
S.A.R.L. with a capital of €5000 – Register of Companies Paris – SIREN 500889324 - APE 514S – Intra-Community VAT: FR50500889324