Skip to content
Home/ Marketplace Terms of Use

SECOND-HAND MARKETPLACE — TERMS OF USE

This document is provided in French. The French version is the only legally binding text; this page reproduces it for information.

Article 1 — Purpose and definitions

1.1 These Terms of Use (the “Terms”) govern access to and use of the second-hand marketplace (the “Platform”) available on the afs-foiling.com website, published by Foil and Co, a French simplified joint-stock company (SAS) with share capital of €89,000, registered with the Brest Trade and Companies Register under number 822 822 615, whose registered office is at ZA de Reunvenguen, 29450 Le Tréhou, France (“AFS”, the “Publisher”, “we”).

1.2 Definitions:

  • Platform: the technical service for publishing listings and putting users in contact.
  • Listing: an offer to sell a second-hand item, published by a private Seller and linked to a product of the AFS catalogue.
  • Seller: the private User who publishes a Listing.
  • Buyer: the User who contacts a Seller through the Platform.
  • User: any person accessing the Platform.
  • Sale: the sales contract entered into directly between the Buyer and the Seller, to which AFS is not a party.

Article 2 — Role of AFS: technical intermediary, not a seller

2.1 AFS acts solely as an online platform operator within the meaning of Article L. 111-7 of the French Consumer Code, and as a hosting provider within the meaning of Article 6 of French Law No. 2004-575 of 21 June 2004 (LCEN). AFS provides a technical service that allows Users to publish Listings and get in touch with each other.

2.2 AFS is never a party to the sales contract entered into between a Seller and a Buyer. AFS does not buy, sell, hold or ship the items offered by private Sellers, nor does it collect their price. The Sale is formed and performed directly and exclusively between the Buyer and the Seller.

2.3 AFS plays no part in the negotiation or in setting the price (the suggested price displayed is a non-binding indication only), nor in the payment, handover or delivery of the item.

Future-change clause (intermediated payment — not active at this time). Should AFS later offer a payment, escrow or paid matchmaking service, these Terms would be supplemented by an amendment setting out the corresponding obligations. At present, no money passes through AFS.

Article 3 — Access and registration

3.1 Publishing a Listing and contacting a Seller require an AFS account. The User guarantees that the information provided is accurate.

3.2 The Platform is reserved for adults with full legal capacity.

Article 4 — Obligations and representations of the private Seller

By publishing a Listing, the Seller represents and warrants that they:

  • 4.1 Act exclusively in a personal, non-professional capacity. Any regular selling activity falls under the status of professional seller and is prohibited on this marketplace; should this be the case, the Seller alone bears all the consequences (tax, social security and consumer-law obligations).
  • 4.2 Are the lawful owner of the item and have the right to sell it.
  • 4.3 Offer an authentic item (no counterfeit) and that the description (condition, features, defects) is honest, accurate and complete.
  • 4.4 Assume towards the Buyer the legal warranties applicable between private individuals, in particular the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), AFS being entirely outside the scope of this warranty.
  • 4.5 Comply with applicable regulations, in particular on product safety (Regulation (EU) 2023/988 — GPSR): no dangerous, recalled or non-compliant item may be offered.
  • 4.6 Publish a Listing that relates to a product of the AFS catalogue and contains no unlawful, misleading, defamatory or infringing content.

Article 5 — Obligations of the Buyer

5.1 The Buyer is solely responsible for checking the item, for the decision to buy, and for the payment and handover terms agreed directly with the Seller.

5.2 AFS recommends the utmost caution (inspection in person, refusal of unsecured payment methods). AFS offers no guarantee of payment or of the successful completion of the transaction.

Article 6 — No warranty and limitation of AFS’s liability

6.1 Listings are published by Users under their sole responsibility. AFS does not check, guarantee or accept any liability for: the existence, condition, compliance, quality, authenticity, safety, value or availability of the items; the honesty of Listings; the solvency, identity or behaviour of Users; the conclusion, performance or outcome of the Sale; any dispute, payment, delivery, damage or loss between Users.

6.2 Any dispute relating to a Sale is exclusively between the Buyer and the Seller. Users waive any claim against AFS in this respect.

6.3 AFS’s liability is limited to providing the Platform’s technical service, under a best-efforts obligation, and cannot be engaged for indirect damage or for the temporary unavailability of the Platform.

Article 7 — Moderation and reporting

7.1 In accordance with Regulation (EU) 2022/2065 (Digital Services Act) and the LCEN, any User may report a Listing or unlawful content to contact@foilandco.com. AFS undertakes to process reports diligently.

7.2 AFS reserves the right, at its discretion and without notice, to refuse, suspend, modify or remove any Listing that does not comply with these Terms or the law, and to suspend any account. This right of moderation does not entail any general monitoring obligation and does not affect AFS’s status as a hosting provider.

7.3 AFS keeps the data required for the traceability of Listings in accordance with the regulations.

Article 8 — Messaging and personal data

8.1 Users contact each other through an internal messaging system; their contact details are not displayed publicly. Messages may be forwarded by email.

8.2 Personal data is processed in accordance with AFS’s Privacy Policy and the GDPR (Regulation (EU) 2016/679). Listings are kept for their period of validity and then archived or deleted.

Article 9 — Intellectual property and User content

9.1 The Seller warrants that they hold the rights to the photos and texts published and grants AFS a non-exclusive licence to use them for the sole purpose of displaying the Listing on the Platform.

9.2 The elements of the Platform (trademarks, design, technology) remain the exclusive property of AFS.

Article 10 — Term, changes, termination

10.1 These Terms apply for as long as the Platform is used. AFS may change them; the applicable version is the one online on the date of use.

10.2 AFS may suspend or close the Platform at any time.

Article 11 — Governing law and disputes

11.1 These Terms are governed by French law.

11.2 For any dispute between a consumer and AFS (relating to the Platform service, and not to a Sale between Users), the User may use conventional mediation, in particular through the French Consumer Mediation Commission (Commission de la médiation de la consommation) or existing sector-specific mediation bodies, or any other alternative dispute resolution method. Failing an amicable settlement, the competent courts will hear the case under ordinary law.