Terms & Conditions

1. Definitions

In these terms, the following words have the meaning set out below:

Platform: the Pounies website and services. Seller: any professional or private user offering products for sale. Buyer: any user placing an order. Product: any physical or digital item offered for sale. Order: the confirmed purchase of one or more products. Content: any text, image or data published on the Platform.

2. Purpose and acceptance

These terms govern access to the Pounies marketplace, its use, and the sales concluded through it between sellers and buyers.

By creating an account, browsing the Platform or placing an order, the user acknowledges having read and accepted these terms in full. If they do not accept these terms, they must stop using the Platform.

3. Role of the platform

Pounies is a technical intermediary that connects independent sellers and buyers. The Platform provides the tools for listing, secure payment, messaging and order management.

The sale contract is concluded directly between the seller and the buyer. Pounies is not a party to this contract and is not the seller of the products offered, unless explicitly stated otherwise. Accordingly, Pounies is not responsible for the quality, conformity or delivery of products, which are the seller's responsibility.

4. User account

Using certain features requires creating an account. The user undertakes to provide accurate, complete and up-to-date information, and to keep it current where necessary.

The user is solely responsible for keeping their credentials confidential and for all activity carried out through their account. Any suspicious use must be reported without delay.

Sellers undergo an identity verification procedure (KYC) before being able to list products. Pounies may refuse, suspend or close an account that provides inaccurate information or in the event of a breach of these terms.

5. Seller obligations

The seller warrants that they hold all rights necessary to sell the products offered and that these are genuine, lawful and consistent with their description.

The seller undertakes to: describe their products accurately and completely; display clear prices; fulfil the orders received; ship physical products within the stated timeframes; provide after-sales service in line with the law; meet their tax and reporting obligations; and treat buyers courteously through the messaging system.

The seller is solely responsible for the products they offer, the information they publish, and compliance with the regulations applicable to their activity.

6. Prohibited and regulated products

The following are prohibited from sale in particular: unlawful, counterfeit or stolen products; dangerous or recalled products; content infringing third-party rights; and any product whose sale is prohibited by law.

Certain products may be subject to specific regulations (minimum age, safety standards, labelling). The seller must comply with these. Pounies reserves the right to remove any non-compliant listing and to take appropriate measures against the account concerned.

7. Buyer obligations

The buyer undertakes to provide accurate delivery information, to pay the agreed price, and to use the Platform in good faith.

Every order constitutes a firm commitment, subject to statutory withdrawal rights. The buyer must not make fraudulent use of payment methods or raise abusive disputes.

8. Orders and contract formation

The buyer selects the products, checks the summary of their order, then confirms it. Confirming the order, after accepting these terms, constitutes a commitment to pay.

The sale contract is formed when payment is confirmed and the seller receives the order. A summary is made available to the buyer. The seller may decline an order if the product is unavailable or if fraud is suspected.

9. Payment

Payments are processed by a certified payment provider. The buyer warrants that they are authorised to use the chosen payment method.

Pounies does not store full banking data, which is handled exclusively by the payment provider in a secure environment. The charge is made upon order confirmation, in accordance with the provider's terms. If payment fails or is declined, the order may be cancelled.

10. Prices, commissions and subscriptions

Product prices are set by sellers, shown in euros, including taxes where applicable. Any delivery fees are stated before order confirmation.

Pounies may charge a commission on completed sales and offer sellers subscription plans giving access to extended features. The pricing terms applicable to sellers are provided in the seller area and may change under the conditions set out in the "Changes to the terms" section.

11. Delivery and digital products

For physical products, delivery is handled by the seller within the timeframes stated on the product page, to the address provided by the buyer. The risk of loss or damage passes to the buyer upon delivery of the product, in accordance with the law.

For digital products (ebooks), download access is made available after payment confirmation. The buyer acknowledges that, for such products, performance may begin immediately, which may affect the right of withdrawal (see the relevant section).

12. Right of withdrawal

In accordance with European law, consumer buyers have a period of fourteen (14) days from receipt of the physical product to exercise their right of withdrawal, without having to give reasons or bear any costs other than those provided by law.

To exercise this right, the buyer informs the seller of their decision through an unambiguous statement (for example via the messaging system or a model form). The product must be returned in a condition allowing resale.

Legal exceptions apply, in particular for digital products whose performance has begun with the buyer's express consent and waiver of the right of withdrawal, as well as for customised or perishable products. [The exact terms and model form must be reviewed by legal counsel.]

13. Returns and refunds

In the event of valid withdrawal or a non-conforming product, the buyer may return the product according to the terms indicated by the seller, within the legal framework.

Refunds are issued within the statutory timeframes, using the same payment method as the original order, unless otherwise agreed. Return costs are borne by the party designated by law or by the seller's terms.

14. Legal guarantee of conformity

Consumer buyers benefit from the legal guarantee of conformity and the guarantee against hidden defects, under the conditions provided by applicable law.

If a product is non-conforming, the buyer may request its repair, replacement or, failing that, a refund. These guarantees apply regardless of any commercial warranty the seller may offer.

15. Reviews and ratings

Buyers may leave reviews of products and sellers, provided they correspond to a genuine purchase experience. Reviews must remain respectful, honest and lawful.

Pounies reserves the right to moderate or remove any review that is manifestly false, abusive, defamatory or contrary to these terms. Reviews are the sole responsibility of their authors.

16. Buyer protection and disputes

If there is a problem with an order (product not received, non-conforming or damaged), the buyer is invited to first contact the seller via the Platform's messaging to find an amicable solution.

If no solution is found, Pounies may step in as a mediator to help resolve the dispute, within the limits of its role as an intermediary and the means available to it.

17. Liability

Pounies takes reasonable steps to ensure the availability, security and proper functioning of the Platform, without guaranteeing complete freedom from interruption or error.

Pounies cannot be held liable for sellers' or buyers' breaches, for listing content, or for the consequences of improper use of the Platform, within the limits permitted by law. Mandatory legal provisions protecting consumers remain applicable.

18. Intellectual property

The Pounies brand, logo, visual identity, texts and Platform architecture are protected by intellectual property law. Any reproduction, representation or exploitation without authorisation is prohibited.

Sellers retain their rights to the content they publish (descriptions, images) but grant Pounies a non-exclusive licence to use and display this content, to the extent necessary for the operation and promotion of the service.

19. Personal data

Pounies processes users' personal data in accordance with applicable regulations (GDPR). The terms of collection, use and exercise of rights are detailed in our Privacy Policy.

20. Suspension and termination

Pounies may suspend or close an account, remove listings or restrict access to the Platform in the event of a breach of these terms, fraud, unlawful activity or behaviour harmful to other users.

The user may close their account at any time, subject to the proper completion of ongoing orders and payment of any sums due.

21. Changes to the terms

Pounies may amend these terms to reflect legal, technical or commercial developments. Users are informed of substantial changes by an appropriate means.

The terms applicable to an order are those in force at the time it is confirmed. Continued use of the Platform after the new terms take effect constitutes acceptance of them.

22. Force majeure

Neither party may be held liable for non-performance due to an event of force majeure, that is, an unforeseeable, irresistible and external event, within the meaning of applicable law and case law.

23. Governing law and disputes

These terms are governed by German law, subject to the more protective mandatory provisions of the consumer's country of habitual residence.

In the event of a dispute, the parties will endeavour to find an amicable solution. Failing that, the dispute will be brought before the competent courts. The European Commission also provides an online dispute resolution platform: ec.europa.eu/consumers/odr. [Jurisdiction clauses to be confirmed with legal counsel.]