General terms and conditions of sale

The following General Terms and Conditions of Sale (hereinafter referred to as "GTC") are provided by CHEAPY, a trade name of Di Marco Capucine, a self-employed individual registered with the Commercial Registry of Evreux under number 948 666 565 (hereinafter referred to as the "Seller").

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The Seller offers, through its website (hereinafter referred to as the "Site"), various second-hand goods and merchandise obtained from auctions (hereinafter referred to as the "Products").

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Every customer acknowledges having had access, in a readable and understandable manner, to these General Terms and Conditions (hereinafter referred to as the "GTC") as well as all the information necessary for the execution of these, in accordance with articles L.111-1 to L.111-8 of the Consumer Code, prior to placing their order and before any conclusion of their contract with CHEAPY.

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1. Objects

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These GTC apply to any use of the Site as well as to any order for Products by any customer, natural person, acting for purposes that do not fall within the scope of their professional activity or any customer, natural or legal person, acting in the context of their commercial, industrial, craft, or liberal activity (hereinafter the "Customer" or "Buyer") made on the Site, from March 1, 2023.

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2. General Provisions

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These GTC determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.

Unless otherwise agreed in writing by the parties, these GTC take precedence over any contrary clauses arising from previously drafted general conditions and thus apply to the exclusion of any other agreement.

These GTC must be considered as an integral and essential part of the contract concluded between the Seller and each of its Customers.

Each Customer must necessarily be aware of them and accept them in order to validate their order on the Site. This acceptance consists of checking the box corresponding to the acceptance sentence of these GTC, as defined on the Site ("I have read the general terms of sale and I adhere to them without reservation").

The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The GTC applicable at that time are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company's website at the following address :​

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The fact that the Seller does not avail itself, at a given time, of any of the provisions of these GTC cannot be interpreted as a waiver to invoke them later.

The Seller invites each Customer to read these GTC carefully, to print them and/or save them on any durable medium, before placing an order for any Product on its Site.

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3.Conclusion of the contract

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The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Customer declares that they are legally able to contract under French laws or validly represent the natural or legal person for whom they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Orders for Product(s) or service(s) are made through the Site.

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place an order. The Customer directly chooses on the Site the Product(s) or service(s) they wish to order. The Seller strives to provide visuals and descriptions as faithful as possible to the Products and services. However, since these visuals and illustrative texts are not contractual, the Customer cannot hold the Seller liable in this regard.

The Customer is required to provide a certain amount of information about themselves to validate their order. All orders must be duly completed and must contain only information strictly necessary for the order. The Customer is responsible for the truth, accuracy, and relevance of the provided data.

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The Customer may make changes, corrections, additions, or even cancel their order until it is validated on the order summary page, before payment. The confirmation of the order will constitute the formation of this contract. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt confirming the order.

The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.

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4. Price & payment terms

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In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, display, or any other appropriate method, of the prices and specific conditions of the sale and the performance of services before any conclusion of the sales contract. In any case, the total amount due by the Buyer is indicated on the order confirmation page. The prices of Products and services are stated on the Site in euros and include all taxes. The applicable prices are those valid on the day of the order on the Site by the Customer. The prices of delivered Products and provided services may vary depending on the place of delivery.

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The prices of Products and services and any additional costs related to the order are clearly and comprehensibly indicated on the order summary. Before placing the order, the Customer is required to confirm this summary.

For all products shipped outside the European Union and/or overseas departments and territories (DOM-TOM), customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the Seller's jurisdiction. They will be borne by the buyer and are his responsibility (declarations, payment to competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects from the corresponding local authorities. CHEAPY, the trade name of Di Marco Capucine, reserves the right to change its prices at any time while guaranteeing the application of the price indicated at the time of the order. Telecommunication costs necessary for access to the Company's websites are the responsibility of the Customer. If applicable, delivery charges are also the responsibility of the Customer.

The Customer will pay the price directly on the Site, and imperatively before any realization by the Seller, in accordance with the process provided for this purpose.

The Seller uses a third-party secure payment system, provided by Stripe, for credit card payments. The transmitted information is encrypted in accordance with the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount related to the indicated price. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error or impossibility to debit the card, the Sale is immediately resolved by law and the order canceled.

Customer payment is a necessary prerequisite for validating their order.

Failure to pay on the due date will automatically, without prior notice and as of right, suspend or invalidate the Customer's order, without prejudice to any other course of action.

The Seller undertakes to fulfill the Customer's order within the limits of the available Product stocks only. Failing that, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller

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5.Delivery

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Delivery costs related to the order are indicated to the Customer before any payment of the order and concern only deliveries made in Europe. For any other place of delivery, it will be the Customer's responsibility to contact customer service.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract.

The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged package, broken or damaged Products, etc.). The Seller reminds that when the Customer physically takes possession of the products, the risks of loss or damage to the products are transferred to him. It is up to the Customer to notify the carrier of any reservations about the delivered product.

If the Customer's package is returned by the Post or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask for further action on his order. If the Customer has mistakenly refused the package, he can request its reshipment by paying in advance the postage for the new shipment. Postal charges must be paid even for orders whose shipping costs were free when ordering.

Any delay in delivery compared to the date or deadline indicated to the consumer Customer when ordering or, failing that, more than thirty (30) days from the conclusion of the contract may result in the resolution of the sale at the initiative of the Customer, at his written request by registered letter with acknowledgment of receipt, if after having enjoined the Seller to make the delivery, he has not executed it. The Customer will then be reimbursed, no later than fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause does not apply if the delay in delivery is due to a case of force majeure.

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6. Right of withdrawal

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In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting CHEAPY, trade name of Di Marco Capucine, you will find below the standard withdrawal form to be sent to us at: cheapy.sales@gmail.com.

In any case, the Customer must indicate a will to withdraw devoid of ambiguity and not equivocal.

In the event of withdrawal made on the Site by the online transmission of the withdrawal form, the Seller will send the Customer, without delay, an acknowledgment of receipt on a durable medium, to the email address provided during his order.

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The Buyer bears the direct costs of returning the Products unless the Buyer's withdrawal results from an error in the Product sent, in which case the Seller bears the return costs. The Buyer is explicitly informed that the concerned Product must be returned to the Seller in its original packaging, including the provided instructions and/or any accessories.

In the event of exercising the right of withdrawal by the Buyer, all sums paid by the Buyer will be reimbursed by the Seller within fourteen (14) days from the date on which the Seller is informed of the Buyer's decision to withdraw. This reimbursement may be deferred until the date of recovery of the Products or until the Buyer has provided proof of the shipment of these Products. The refund will be made to the Buyer's bank account directly through the Site via bank transfer or by any other means agreed upon between the parties.

Exception to the right of withdrawal: The Site offers the sale of the following Products and Services, for which the right of withdrawal of Consumer Buyers cannot apply, pursuant to Article L.221-28 of the Consumer Code: No product is concerned.

The Buyer acknowledges having taken note of this list of exceptions, notified prior to the sale in these CGV.

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7. Warranties

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When acting under the legal warranty of conformity, the consumer has a period of two years from the delivery of the goods to act. The consumer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Except for second-hand goods, the consumer is exempt from proving the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to implement the warranty against hidden defects in the sold item within the meaning of Article 1641 of the Civil Code unless the Seller has stipulated that it will not be bound by any warranty. In the event of the implementation of this warranty, the buyer has the choice between canceling the sale or a price reduction in accordance with Article 1644 of the Civil Code. The buyer has a period of two years from the discovery of the defect.

The postponement, suspension, or interruption of the limitation period cannot have the effect of extending the limitation period beyond twenty years from the day the right arises, in accordance with Article 2232 of the Civil Code.

All Products purchased on the Site benefit from the following legal guarantees, provided for by the Civil Code and the Consumer Code:

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7.1. Legal warranty of conformity

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According to Articles L.217-4 and following of the Consumer Code, the Seller is required to deliver goods that comply with the contract concluded with the consumer and to remedy any lack of conformity existing at the time of delivery of the Product. The warranty of conformity can be exercised if a defect were to exist on the day of taking possession of the Product.

However, when the defect appears within 24 months following this date, it is presumed to meet this condition. But, according to Article L.217-7 of the Consumer Code, "the Seller can rebut this presumption if it is not compatible with the nature of the Product or the lack of conformity invoked." However, after this 24-month period, it will be up to the Customer to prove that the defect did indeed exist at the time of taking possession of the Product.

In accordance with Article L.217-9 of the Consumer Code: "in the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the Seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, given the value of the goods or the importance of the defect. It is then obliged to proceed, unless impossible, according to the method not chosen by the buyer."

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7.2. Legal Warranty against hidden defects

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According to Articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty for hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from the normal wear and tear of the Product, for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or diminish this use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if he had known the defect).

Claims, requests for reimbursement for a non-compliant Product must be made by postal mail or by email to the addresses indicated in the legal notices of the Site. The Customer will be reimbursed by bank transfer for the amount of his order. The costs of the reimbursement procedure (including the return shipping costs of the Product) will remain the responsibility of the Seller.

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8. Responsabilities

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Each party is responsible for the consequences of its faults, errors, or omissions causing direct damage to the other party.

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8.1 Customer's responsability

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The Customer is solely responsible for the quality, accuracy, relevance, and correctness of the information he provides on the Site for the purpose of his order. The Seller's liability cannot be engaged in this regard.

The Customer is thus solely responsible towards the Seller and, where applicable, third parties, for any damages, direct or indirect, of any kind whatsoever, caused by information or any other publication communicated, transmitted, or disseminated on the occasion of these, as well as for any failure on his part to these contractual stipulations.

The Customer is also solely responsible for the choice of the Products and services ordered through the Site.

Every Customer undertakes not to use the Site in contravention of all laws, rules, and regulations in force.

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8.2. Seller's responsability

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The Seller implements all measures to ensure the Customer the supply, under optimal conditions, of quality Products. It assumes full responsibility for the Products it offers and sells to Customers through the Site and will handle potential claims related to said Products and services alone.

However, the Seller cannot be held responsible for any damage that would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party external to the contract, or to a case of force majeure.

The Seller ensures the proper functioning of the Site but cannot guarantee in any case that it is free from anomalies or errors and that it operates without interruption.

The Seller cannot be held responsible for the non-functioning, impossibility of access, or malfunctions of the services of the Customer's access provider, to those of the Internet network.

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9. Unexpected events

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"Unexpected events" is defined as any event beyond the control of one of the parties and not reasonably foreseeable at the conclusion of these T&Cs. Such an event will be characterized as soon as the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit its effects.

Neither party will be held responsible towards the other for the non-performance or delays in the performance of an obligation arising from these T&Cs that are due to the act of the other party following the occurrence of a force majeure, as recognized and defined by French jurisprudence.

The force majeure event suspends the obligations arising from these T&Cs for the entire duration of its existence, and neither party may, during this period, validly invoke the existence of such a force majeure event within the meaning of Article 1218 of the Civil Code to justify the termination of its contractual relationship with the other party. However, if the force majeure event had a duration of more than thirty (30) consecutive days, it would give the right to the automatic termination of these T&Cs by one or the other of the parties, eight (8) days after sending a registered letter with acknowledgment of receipt notifying this decision.

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10. Intellectual Property

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The Site, as well as databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the Seller or, where applicable, their respective owners from whom the Seller has obtained the necessary exploitation authorizations.

The Seller retains all intellectual property rights related to its registered trademark, as well as all intellectual property rights and copyrights related to any other distinctive sign it owns.

Any reproduction and/or representation, download, translation, adaptation, exploitation, distribution, dissemination, and/or communication, in any form, for commercial or non-commercial purposes, of all or part of the trademark and/or an original work or data contained on the Site is strictly prohibited. The Customer also refrains from any action and any act that may directly or indirectly infringe on the Seller's intellectual property rights.

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11. Protection of Personal Data

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The Customer is informed that the creation of their personal account on the Site, as well as their order of Products and services on the Site, leads to the collection and automated processing of personal data concerning them by the Seller, the use of which is subject to the provisions of Law No. 78-17 of January 6, 1978, relating to Data Processing, Files, and Liberties, as amended by Law No. 2016-1321 of October 7, 2016, and European Regulation 2016/679 of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "GDPR").

The Seller provides the Customer, on its Site, with a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Seller and the rights that the Customer has regarding this personal data.

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12. Cookies

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The Seller uses "cookies" to obtain statistical processing and improve the Customer's browsing experience.

The Seller places a "cookie" on the Customer's computer with their prior consent. The Customer has the option to refuse cookies when visiting the Site. The duration of the storage of this information on the Customer's computer is 13 months.

The Seller undertakes never to disclose the content of these "cookies" to third parties, except in the case of a legal requisition.

The Customer can also oppose the recording of "cookies" by configuring their browsing software. To do this, the Customer will configure their browser:​

• For Safari : https://support.apple.com/fr-fr/ht1677

• For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on

• For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies​

13. Applicable law and competent jurisdiction

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These General Terms and Conditions (CGV) are governed by French law.

In the event of a dispute arising from these CGV (or one of their clauses) and/or the relationship between the parties, the consumer Customer can choose, in addition to one of the territorially competent jurisdictions under the Code of Civil Procedure, the jurisdiction of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event. The professional Customer must refer the matter to the Court in the jurisdiction where the Seller has its registered office.

According to Article L.612-1 of the Consumer Code, it is reminded that "every consumer has the right to resort free of charge to a consumer mediator with a view to amicably resolving the dispute that opposes him to a professional. For this purpose, the professional guarantees the consumer effective recourse to a consumer mediation device."

In accordance with Ordinance No. 2015-1033 of August 20, 2015, and the implementing decree No. 2015-1382 of October 30, 2015, any dispute or so-called consumer dispute, subject to Article L.612-2 of the Consumer Code, can be the subject of amicable settlement by mediation with the following mediator: Centre de Médiation de la Consommation de Conciliateurs de Justice (CM2C).

To submit his dispute to the mediator, the Customer can:

(i) complete the form on the mediator's website: CM2C

(ii) send his request by regular or registered mail to CM2C - 14, rue Saint Jean - 75017 Paris

(iii) send an email to cm2c@cm2c.net

It is reminded that mediation is not mandatory but only proposed to resolve disputes by avoiding recourse to the courts.

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14. Customer Service

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The customer service of this Site is accessible by email at the following address: cheapy.ventes@gmail.com or by postal mail at the address indicated in the legal notices.

Annex 1 - Model withdrawal form from the Customer:

(To be completed and returned only if you wish to withdraw from the contract.)

To the attention of CHEAPY, Di Marco Capucine, 5 Impasse des Jardins - 27140 Gisors.

I hereby notify you of my withdrawal from the contract for the Product(s) below:

Received on:     /     /

My name and address:

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

  Date:     /     /