Terms and Conditions of Use
Services available at www.tradee.com and or Tradee’s application offers its users to publish one (or more) ad(s) to sell and/or exchange one (or more) object(s), new or used, to value(s) equal or not. Tradee facilitates entry into contact of these different users based on their publications and their searches via a system called Trade-machine.
This service is published by TRADEE SAS, with capital of € 11,765, registered in the commercial register and companies of Paris under number 80086211200011, whose registered office is located 22 rue du Temple, 75004 PARIS, FRANCE. VAT: FR 41800862112
For more details about the company, please send us your request at: email@example.com
Web host's contact details :
OVH, SAS, 2 rue Kellermann 59100 Roubaix, RCS Roubaix au numéro B424 761 419
CNIL simplified declaration number: 1782668
TRADEE.COM: Brand, TRADEE property SAS Siret 80086211200011
General conditions of use
Terms and expressions included in these Terms (or any other document from TRADEE SAS, herein after Tradee) and relating to the subject matter hereof have, unless noted otherwise, the meanings given below:
- User: natural or legal person who identified and registered on the site www.tradee.com and/or on the application in order to use the services. The User must be over 18 years old and have full legal capacity to contract, or else be emancipated. Any use of the Service Tradee automatically create an own account to the User
- Means all the elements and data (visual, text, photographs, drawings), filed by an Advertiser editorial under his sole responsibility, to purchase or sell an object. This announcement will be posted on the Website, the Mobile Site and Applications
- Advertiser: means any User who submitted an announcement, from his account, on the Website and/or the Applications. Advertiser must be connected to its account to deposit and manage his or her ads
- Account: the free space, accessible from the Website and Applications, that every advertiser must have created and from which, he can broadcast, manage and view his ads
- Item: new or used equipment subject of an advert. The Item must fit into one of the categories proposed by Tradee
- Tradee services: means the services available to Users on the Website, the Mobile Site and the Applications as described in Article 4 of this Terms & Conditions document
- Trade Machine: Matching-making process linking Users with items based on their ads and or research
- Website: designate the electronic site published by TRADEE SAS and accessible on the Internet at address http://www.tradee.com
- Mobile Site: Designate allowing users to access via their mobile phone at Tradee Service
- Application: Designate the iPhone application (with a minimum of the iOS version 8) and iPad (with a minimum of iOS 8 release) enables users to access the Tradee service as defined in Article 4 of general conditions
These terms are intended to determine the conditions of use of Tradee Service available to users via the Website, the Mobile Site and Applications.
Every User state, in accessing and using Tradee service, from the Website, the Mobile Site and or Applications, having read these terms and conditions and expressly accept without reservation nor modification of any kind. These general conditions are fully enforceable to Users.
3.1 Obligation of registration
Without registration, the user can view the ads with the "public" status from the website or mobile site only.
In order to take advantage of the entire Tradee Service, the User must register via the website (internet or mobile) or the Application. Remember, this entry is an explicit acceptance by the User of these terms and conditions.
The registration is completely free.
3.2 Registration requirements
Registration is subject to the following cumulative conditions :
- Users must provide their email address, a password, a user name and telephone number. This list is not exhaustive and can be expanded at any time by Tradee. The User agrees to provide and keep current, complete, accurate and contact information up to date
- Tradee, or its subcontractor, reserves the right to request from the User any additional documents justifying his situation. When this information will be handled by its subcontractor, Tradee will not have access to it
- The User agrees, in the context of use of the Service Tradee, not undermining the public order, morals and the rights of others
- The User agrees not to carry advertising for other commercial websites
- The User agrees, in general to respect these general conditions herein
During registration, the user acknowledges fulfilling these conditions.
3.3 Registration Modes
The registration can be done in two ways :
- Facebook connect: Tradee gets the name, surname, email address and profile picture from Facebook. The user name is automatically formed with the name and surname recovered. All those informations are adjustable in the settings of the Website/Mobile site and Applications
- Creation of a Tradee account: The User must provide his email address, a password and a user name (the name of Users should not necessarily be its name)
In both cases, the user must then insert his phone number that is instantly checked by sending an SMS code to refer to the website / mobile or the Applications.
Then Users are free to add the following information: sex, name, personal description, profile photo and geographic location (not exhaustive). Users have the ability to keep this information private or make them public.
3.4 Account Management
Following the registration process, a user account is at the name registered. This account is accessible by the user by entering their username and their PIN.
The ID and password are strictly personal and confidential. Users registered on the site are committed to not communicate them.
Any loss, misuse or use of logins and their possible consequences are the sole responsibility of the User.
The User agrees to reveal immediately to Tradee any third party use of its identifier and, or the PIN immediately on knowledge. It also undertakes not to create or use other accounts than the account originally created by him.
According to the law n°78-17 of the 6 January 1978, the user can at any time access to personal information that has been communicated to Tradee, and, or request correction, complement, clarification, updating or deletion by email (firstname.lastname@example.org) or by letter with acknowledgment of receipt (22 rue du Temple 75004 PARIS, France, stating the user’s name, date and place of birth, address and email, telephone number and ID.
TRADEE SAS has a period of fifteen days from the User's request to make the requested corrections.
4. Services offered by Tradee
Tradee is a platform for its users to publish one (or several) Ad(s) to sell and/or exchange one (or more) Item(s), new or used, to value(s) equal or not. Tradee facilitates the entry into contact these users, based on their publications and/or research through its process "TRADE MACHINE".
Publication of an Ad includes the following:
- Taking a Photo: Directly from the website/application or by the addition from the gallery of the user’s computer, tablet or Smartphone. The User may post up to 4 photos per advert. Tradee may retouch the photos without changing the characteristics of the Item
- Advert Title : By typing the first letters of a brand, model or version of his items, the user can opt for the proper title for the product in a list of suggestions. If the correct title does not appear, He will create it for as long as the object is part of a category proposed by Tradee
- Additional information: depending on the category of the object, optional Further information will be requested from the user (for example: for a car, mileage, year of introduction, etc.)
- Value : The User shall indicate the value of the object and choose a currency. He will then have the choice to display this value on the ad by selecting the words "price on request"
- The exchange : The user may select the option "available for trade" or not. By selecting the last option, the words "not available for trade" will appear on the ad. This does not prevent other users from bidding on this Item
- Additional description of the Item : The user has the possibility to add a more precise description of the Item, in text form (example : new, old, in very good condition, etc.) or hashtag. For example, on this occasion, the user can not communicate a telephone number, email address or web or a postal address (not exhaustive - see Article 5 of the responsibility of the user)
- The "wishlist": User can then build a "wishlist" of Items (with categories, brands, models, etc.) against which the user would initially share the Object . This does not prevent other users from making offers based on an item not found on the user’s wishlist
- Ad’s Visibility : User can choose between the following possibilities :
- "All" : any user (registered or not on the application) can see this announcement
- "followers only" : only visible to registered users at Tradee service and subscribers of this user
- "private / invisible" : only visible to the user who published the advert. They can then share the Advert with other users by sending a private link
Ads can be shared on Facebook/Twitter with its Advertiser or another user. It may also be sent to a friend via sms
- Place of the Item: the User may choose to indicate the location of the Item. For security reasons, only the city can be specified and not a specific address.
The User may change this information at any time. If he decides to withdraw an advert, it will mean subjecting him to a series of questions (see article 5.2.3 of these terms).
The Advert, before being officially published and being visible to other users ( when this option was chosen by the Advertiser), is the subject of a control and the acceptance of Tradee. This means that the ad will be visible on the user’s behalf but that the item will be offered to exchange and/or sale before being validated by Tradee.
This validation is intended to grant a right of review to Tradee at the ads and enables it to improve the esthetics of the photo. However, Tradee does not commit any responsibility in case of Tradee publications contrary to legal norms. In other words, a validation does not constitute acceptance by Tradee legal compliance of the item’s advert.
The items offered in the User Ads must enter in one of the categories suggested by Tradee. Initially these categories will be limited to:
- Handbags (Leather goods)
These categories may at any time be extended by Tradee.
4.4 Search and navigation
The Unregistered User could have access to public announcements from the web and mobile site.
The registered User can search for Adverts posted by other users:
- browsing the different profiles of users
- by searching by criteria: brand, model, version of the Item, User’s name, hashtags, etc.
- exploring the "Trade machine" (only if he already has himself published one or more ads)
The Words which were typed into the search fields are saved automatically. In this browsing history, when the same search field is selected, before you start typing a word, appears suggestions.
From the "explore" tab on his account, the user will have access to all the “Public” Adverts of other Users.
In the "feed" tab, the user will have access to its notifications (action of other users onthe user’s own ads - example: someone "likes" one of the ads) and the activity of the network.
4.5 The trade
An exchange can occur between Items of the same category or of different categories. When there is a different value between two Items subject to the exchange, it will be filled by a cash payment or one (or several) other(s) Item(s).
Users wishing to sell and/or exchange one (or more) Item(s) may only make contact via Tradee’s instant messaging.
The initiation of a conversation will be made from an Advert by the "make an offer" button.
In this conversation, Users only see the name of the corresponding User. They can potentially go see the profile of this subscriber by clicking on its name.
The user then has the opportunity to offer:
- one or more Items of its stock
- one or more objects of his stock and a balancing cash adjustment. It meant the balancing cash adjustment is the amount of money that compensate the excess of value received
A conversation can be initiated by an Item and resulting in the exchange of another Item of its stock.
Users may also add one (or more) personal messages in this conversation.
Users agree to keep this information confidential and not to disclose them. They undertake not to undermine the respect of privacy of other users (see article 5 of these general terms about the responsibility of the user).
Tradee urges each user not to disclose personal information in this discussion and not to complete the transaction via a third party website. Tradee has also contracted any trade agreement with a third party site.
4.7 The execution of the operation
Tradee is only an intermediary permitting an easier way for different users to contact each other and to sell or exchange Item(s) . Users are solely responsible of the information given, of the transactions made, and of their consequences (see Article 6 of these on the responsibility of Tradee).
The main information for the execution of such a transaction are made available on its website (internet and mobile) and its Applications. These are only offered as information and are not exhaustive. Tradee can not be held liable in case of a resulting litigation (see Article 6 of these on the responsibility of Tradee).
4.8 Advice from Tradee
Tradee recommends in particular to any User interested in an Item to:
- Make sure he or she is properly informed about the characteristics of the Item
- Never disclose personal data
- Set a meeting with the Advertiser (preferably in a neutral location) to see the Item
- Never complete the transaction through a third Site
- Establish a document that defines precisely the contours of this transaction
This information is given as references only and this list is not exhaustive. In particular it is necessary to have regard to Article 5 and also to the dissemination rules for each Items (available on the Website, the Mobile Site and Application).
4.9 Advert’s Moderation
Tradee reserves the right to remove without notice or compensation or reimbursement right, any Advert that does not comply with broadcasting rules of Tradee and, or that could infringe the rights of third parties.
Any User agrees to report abusive content since its establishment, from the Site (web or mobile) and Applications:
- either by clicking on the link "Report" on each Adverts,User profile, or Chat.
- either by mail stating the reasons for his description (email@example.com)-.
5. Liability of users
5.1 Regarding the Item
5.1.1 The Item must comply with the legality
Advertiser agrees that the advert comply with the public order, the morality, the French law, the national law of his domicile and the rights of third parties, and they are not likely to offend the sensibilities of minors.
Advertiser agrees not to publish adverts including (partial list):
- that Aim directly or indirectly inciting to racism, xenophobia, anti-Semitism, racial discrimination, sexual or religious hatred or violence
- stolen objects
- items of which the user does not have full ownership and/or which the user cannot freely dispose of
- of defamatory Objects, offensive, or infringing privacy, to honor or reputation of others
- of objects infringing intellectual property rights
- objects that do not meet the standards to which they are subjected
- objects banned from sale by the regulations
5.1.2 The objects must be part of a class Tradee
The advertiser agrees that the published objects are part of a category of objects appearing on the Website (internet and mobile) and Applications.
5.2 Concerning the Advert
In this context, the Advertiser declares and acknowledges that he is solely responsible for the content of ads they publish and make available to users, as well as any document or information that it transmits to Users. Advertiser has sole editorial responsibility for the content of ads he publishes.
Thus, the Advertiser specifically agrees that the Advert does not contain:
- any hyperlink redirecting users to any third party websites
- any false, deceptive or likely to mislead users
- any mention defamatory or likely to harm the interests and/or the image of Tradee or any third party
- any content that infringes upon the intellectual property rights of third parties
- any content to promotional or advertising in connection with the activities of the Advertiser. Indeed, an Advert is intended to promote a product and is not an advertising medium
Advertiser declares to know the extent of dissemination of the Website, having taken all precautions to respect the law of the receiving areas and unloading Tradee of any responsibility in this regard.
As a result, the Advertiser retains Tradee, and its possible subcontractors and suppliers, from any liability, guarantees against any recourse or action in relation to the Advert that could be taken against those last by any third party and will pay all damages and costs and expenses which they could be sentenced or would be laid against them by a settlement agreement signed by them with the third party. Notwithstanding any damages which Tradee, subcontractors and suppliers could claim loss in respect of events from the Advertiser.
By submitting any advert, each Advertiser acknowledges and agrees that Tradee can remove, or refuse, at any time, without compensation, which would be an Ad contrary to French law in particular, for the dissemination of the Tradee Service and/or likely to infringe the rights of others.
As for photography constituting the ad, they should represent the item for sale and may not be used for showing more ads
It is prohibited to insert pictures with:
- children or recognizable minors
- link to website
- representations unconnected with the offer
These photos are free from all duties
The announcement is issued for an unlimited period.
Users can edit and delete ads without restrictions, provided that it meets its commitments to other users. Tradee will in no way be held responsible for achieving or not the exchange and/or sale or its implementing rules (delivery, compliance, etc.).
When the user removes an advertisement, he must choose between the following options:
- "I made a trade with this object"
- "I changed my mind"
- "I sold this item elsewhere"
If the user selected the option "I made a trade with this object " he:
- will have to choose from a list of Tradee’s Users with which he made this trade
- will learn the nature of the transaction (one or more objects against one or more other objects and/or cash)
- will inform his experience by a rating from zero to five stars
- may also add a comment
If the user confirms the transaction, the advert is therefore deleted. The other user is informed of this rating by notification and is prompted to confirm this information and to rate that transaction.
5.3 Concerning the Account
Advertiser also agrees that its account does not contain:
- no mandatory information false
- no information affecting the rights of a third party
In this context, the holder declares and acknowledges that he is solely responsible for the information entered when creating his Account.
By creating an account, each holder acknowledges and accepts that Tradee can remove at any time, without compensation, an account that is contrary in particular to French law and/or dissemination rules laid down by Tradee.
In other words, each user personally manages their account in a good father way (bonus pater familias) which is solely responsible and can remove it at any time. Tradee however, reserves the right to retain certain data for security purposes.
6. Tradee’s liability
6.1 Limited Liability for ads
Tradee therefore can in no way be held responsible for the content of adverts by Advertisers and gives no warranty, express or implied, in this regard (see Article 5 of these terms on the responsibility of users)
6.2 Limited liability for services provided
Tradee is committed to implement all necessary means to ensure, at best providing the Service Tradee.
However, Tradee disclaims all liability for force majeure and/or in case of (not exhaustive):
- interruptions, outages, changes and dysfunction of the Service regardless communication medium used and whatever the origin and provenance
- the loss of data or information stored by Tradee. It is for advertisers to take all necessary precautions to keep the ads they publish via the Tradee Service
- temporary inability to access the Website, the Mobile Site, and/or applications due to technical problems and what that it is in their origin and provenance
- direct or indirect damages caused to the User or Advertiser, whatever the nature, resulting from the content of the ads and/or access, management, the use, operation, malfunction and/or interruption of the Service Tradee
- abnormal use or illicit exploitation of Tradee Service by any User or Advertiser
- attack or hacking, deprivation, removal or ban, temporarily or permanently, for any reason whatsoever, access to the internet
The liability of Tradee will be limited to direct damages incurred by the Advertiser, resulting from a breach of contractual obligations as defined herein.
The user therefore agrees that Tradee cannot be held liable for indirect damages such as lost profits, loss of opportunity, commercial or financial loss, increased overhead costs, or losses that originate from or are the result of any activity undertaken pursuant to this agreement.
Users are thus solely liable for damages incurred by third parties, and the liabilities of claims or actions that may result therefrom.
The User also waives all appeal against Tradee being conducted ? In the case of prosecution commissioned by a third party against it due to the use and/or illegal use of the Service Tradee, if lost by a password or user in case of usurpation of identity.
6.3 Limited Liability for transactions
Users are solely responsible for transactions and made and their consequences.
6.4 Limited liability for advice provided by Tradee
Users acknowledge that the advice/information provided by Tradee, are for guidance only and that Tradee’s liability shall in no case be engaged in this respect.
7. Intelectual property
7.1 Protected elements
All intellectual property rights (such as including copyright, neighboring rights, trademark rights, rights of database producers) covering both the structure and content of the Website, the Mobile Site, and applications including images, sounds, videos, photographs, logos, trademarks, graphics, textual, visual, tools, software, documents, data, etc. (hereinafter referred as a whole "Elements") are reserved.
These items are the property of Tradee. These items are made available to users, free of charge, for the sole use of the Service Tradee and under normal use of its functionality. Users pledge and undertake not to modify in any way the elements.
Any use not expressly authorized of the Website Elements, Mobile Site, and Apps involves a violation of copyright and constitutes infringement. It can also cause a violation of image rights, personal rights or any other rights and regulations. It can thus engage the civil and/or criminal liability of its author.
7.2 Illegal use of elements
Is prohibited to any User to copy, modify, create a derivative work, reverse engineer, disassemble or otherwise attempt to find the source code, sell, assign, sublicense or transfer in any manner whatsoever any right relating to elements.
All Tradee’s User undertake in particular not to:
- use or query the service for the account or the benefit of others
- extract, for commercial purposes or not, all or part of the information herein or small ads on the Tradee’s Service and on the Website, the Mobile Site, and Applications
- reproduce in any other medium for commercial purposes or not, all or part of the information or present small ads on the Tradee and the Service Website, the Mobile Site, and Applications for reconstructing all or part of the original files
- use a robot, including exploration (spider), a search application or websites recovery or other means to retrieve or index any part of the contents of the Website, the Mobile Site, and Applications, except in cases the express consent of Tradee.
Any reproduction, publication, transmission, use, modification or removal of all or part of the elements and in any manner whatsoever without the prior written permission of Tradee is illegal . These wrongful acts engage the responsibility of the authors and may result in legal action against them, including for infringement.
7.3 Brand and Logo
The trademarks and logos Tradee, TRADE MACHINE and tradee.com, as well as trademarks and logos potential partners are registered trademarks. Total or partial reproduction of these trademarks and/or logos without the prior written permission of Tradee is prohibited.
Tradee is producer of databases of the Tradee Service. Consequently, any extraction and/or re-use of the databases within the meaning of Articles L 342-1 and L 342-2 of the Code of intellectual property is prohibited.
Tradee reserves the right to take every legal recourse against those who would not observe the prohibitions contained in this article 7.
7.6.1 Links from Service Tradee
The Service Tradee may contain hypertext links to sites operated by third parties. These links are provided for information only.
Tradee has no control over such sites and disclaims any responsibility for access, content or use of these sites, as well as damages that may result from consulting the information contained on these sites.
The decision to activate these links is the full responsibility of the User.
Users, meanwhile, agrees not to publish hyperlinks in its ads.
7.6.2 Links to Service Tradee
No hypertext link can be created to Tradee Service without the express prior agreement of the latter.
If a user or a corporation wants to create, from its site, a hyperlink to the Tradee Service and whatever the medium, it must first contact Tradee by sending an email to the following address: firstname.lastname@example.org
All Tradee’s silence should be interpreted as a refusal.
To facilitate navigation on the website, cookies may be installed in the communication media (including computer, mobile phone, digital tablet) of users to, for example, keep their search criteria.
8.1 Functional cookies
Functional cookies issued by Tradee allow:
- adapting the presentation of sites, applications and Tradee’s advertising space to the display preferences of the user terminal (language, screen resolution, operating system, etc.), depending on the hardware and software viewing or reading that the terminal comprises
- facilitate the User searches by maintaining automatic searches and Saved ads
- improve the user experience by pre-filling certain fields
8.2 The statistics of cookies (or analytical)
Analytical cookies issued by Tradee allow to better know its sites and applications and to improve its services by developing statistics and traffic volumes and use (headings and content visited, trails ...).
8.3 The advertising cookies
Advertising cookies are used to display more relevant ads to the user and his interests. They are also used to limit the number of views of advertising and to help measure the effectiveness of an advertising campaign. Their lifespan is 60 days.
8.4 Cookies issued by third parties
When the user visits sites and applications Tradee, some cookies are not saved by Tradee but by third party partners. Tradee can not be held responsible.
9. Data protection
9.1 Protection of personal data
In accordance with Law No. 78-17 of the 6 January 1978, called "data protection" Tradee has been declared to the Commission Nationale Informatique et Libertés (CNIL) under number 1782668.
In accordance with Articles 38, 39 and 40 of loi No. 78-17 of the 6 January 1978, any User and Advertiser of Tradee Service at any time have the right to oppose, access, rectification, cancellation and opposition to the processing of personal data.
The User can exercise this right by contacting Tradee through the "contact", present on the Website, the Mobile Site or the Applications.
Furthermore, in order to inform any third parties that the user request that their personal data being used for canvassing purposes, Tradee asked him to indicate in the box "Contact the Advertiser" of his announcement, he refuses to be canvassed commercially. The integration of this statement is available to the Advertiser when filing its Ad.
Tradee is not responsible for the failure by a third refusal Advertiser being canvassed commercially and gives no warranty, express or implied, in this regard.
9.2 Collection and Use of Personal Data
Adding an Advert requires that the Advertiser creates a personal account with information and personal data to the minimum provided for in Article 3 of these terms and conditions.
These data may be used by Tradee the following purposes:
The collection of personal data.
- Personal data is collected as part of the creation of the account, the Advertiser completing a minimum, the following information name, email address, and phone number. It is possible, if the holder of the account wishes to amend and/or supplement their datas in "settings" accessible from my profile and then "edit my profile"
- All informations in the tab "My Personal Data" of the Account can be modified at any time by the holder
Use of personal data.
All personal data collected may be used by Tradee to following issues :
- management of the Advert, including validation
- publication and monitoring the Advert
- sending response forms
- sending commercial proposals and/or promotional, only Tradee emanating from and concerning exclusively the service Tradee
- sending commercial proposals and/or promotional, emanating from third companies in relation with Tradee and not concerning exclusively the Tradee service. Provided that the dispatch will be made exclusively by Tradee. No database sale to third companies is made by Tradee. In addition, the dispatch of commercial proposals and/or promotions will be made after receiving the express consent of the persons concerned, in accordance with Article L34-5 du Code des Postes et Télécommunications, which will be collected during the receipt of a message proposing Tradee to access from these third party companies.
- sending satisfaction surveys
9.3 Communication of personal data
In accordance with Law No. 78-17 of the 6 january 1978, Tradee agrees to keep all personal data collected through the Tradee service and not pass them on to third parties.
Notwithstanding, the User is informed that Tradee may be required to disclose personal data collected via the Tradee Service:
- authorized the administrative and judicial authorities, only on legal requisition,
- the possible related companies TRADEE (branch, subsidiary).
9.4 Commercial prospecting and unfair collection
The use for commercial purposes or dissemination in the public data downloaded from the Website, the Mobile Site and/or Applications is forbidden, on pain of criminal sanctions provided for by Articles 226-16 to 226-24 of the Code Pénal which penalize illegal collection of personal data offense.
10. General provisions
10.1 Modification of Terms and conditions
Tradee reserves the right to modify at any time all or part of the terms and conditions.
Users are encouraged to review these terms and conditions to be aware of any changes.
The Use of the Site by the Users constitutes acceptance by them of changes to terms and conditions.
10.2 Termination of service
Tradee reserves the right at any time to modify or discontinue the availability of all or part of Tradee Service and/or the Website, the Mobile Site or Applications.
10.3 Invalidity and Disability
If some of the terms and conditions shall be unlawful, invalid or unenforceable for any reason whatsoever, the provisions in question would be deemed unwritten, without questioning the validity of the remaining provisions will continue to apply between the Users and Tradee.
10.4 Applicable law and jurisdiction
THESE GENERAL CONDITIONS ARE SUBJECT TO FRENCH LAW OF THE FRENCH LEGAL SYSTEM.
Last Updated: March 28th, 2016