Terms of sale

General Terms and Conditions of Sale for the tagz.now

Applicable from 20/03/2025 – Version updated on 10/02/2026

ARTICLE 1. PARTIES

These general terms and conditions are applicable between D.B. FRIPE, SAS, share capital: 30000.00 €, registered with the RCS of Rouen in France on 09/08/2024, under number 931 795 991, registered office : 159 ROUTE DE PARIS , 76920 AMFREVILLE-LA-MI-VOIE, FR, telephone: +33 (0)6 61 22 49 75, e-mail: contact@tagz.now, intra-community VAT number: FR81931795991, hereinafter "the Publisher" and any person, natural or legal, private or public, registered on the Site to purchase a Product, hereinafter "the Client”.

ARTICLE 2. DEFINITIONS

Client”: any person, natural or legal, under private or public law, registered on the Site.

Site Contents”: elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.

The Publisher”: D.B. FRIPE, SAS, in its capacity as publisher of the Site. : any person, natural or legal, under private or public law, connecting to the Site.

"Product": goods of any kind sold on the Site by the Publisher to Customers.

"Site": website accessible at the URL tagz.now, as well as any subsites, mirror sites, portals, and URL variations thereof.

Second-hand products”: Products that have already been used, which may show signs of wear, variations in appearance, brand, size or labeling, inherent to their nature as second-hand products, which the Customer expressly acknowledges and accepts.

Box” or “Lot”: A collection of pre-owned Products sold as a single lot, the composition of which is determined by available stock and is not individualized, without any guarantee of brand, model, resale value, or uniformity of size or proportions between the Products.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, including through a robot or a browser, will constitute full acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The User thereby acknowledges having fully understood and accepted them without restriction.

Checking the aforementioned box will be deemed to have the same value as a handwritten signature from the User. The Internet User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless the User provides proof to the contrary, waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties to the exclusion of all other conditions, including those of the Internet User.

Acceptance of these general terms and conditions presupposes that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is to sell Products to Customers.

The Products sold on the Site are second-hand Products, sold in the form of Boxes or Lots, in accordance with the definitions in article 2.

ARTICLE 5. ORDERING STEPS

5.1. Order

To place an order, Internet users can select one or more Products and add them to their shopping cart. Product availability is indicated on the Website, in the description of each item. Once their order is complete, they can access their shopping cart by clicking on the button provided for this purpose.

5.2. Order Confirmation by the User

By viewing their shopping cart, Users will be able to check the number and type of Products they have selected and will be able to verify their unit price, as well as their total price. They will have the option to remove one or more Products from their shopping cart.

If their order is satisfactory, Users will be able to confirm it. They will then access a form where they can either enter their login details if they already have them, or register on the Site by completing the registration form using their personal information.

5.3. Payment by the Customer

Once logged in or after fully completing the registration form, Customers will be prompted to check or modify their delivery and billing details, and will then be prompted to make their payment by being redirected to the secure payment interface with the words "order with payment obligation" or any similar wording.

5.4. Order Confirmation by the Publisher

Once payment has been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically within a maximum of 24 hours. Within the same timeframe, the Publisher undertakes to send the Customer an email summarizing the order and confirming its processing, including all related information.

The Customer expressly acknowledges, before any order validation, having taken note of the nature of the Products ordered, in particular their second-hand nature and, where applicable, the non-individualized and random nature of the Boxes or Lots.

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Website on the day the order is placed. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day the order is placed and are not applicable in the future.

The prices indicated on the Website are in euros, inclusive of all taxes, excluding delivery costs.

6.2. Payment Method

The Customer may pay by Paypal, Shopify Payments, Apple Pay.

For credit card payments, the Publisher does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank.

In the case of payment by money order, check, or bank transfer, delivery times only begin to run from the date the payment is received by the Publisher.

6.3. Invoicing

The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Default in Payment

The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.

Any amount not paid on the due date will automatically and without formal notice give rise to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the principal amounts due.

Furthermore, any late payment will result in the defaulting Client being invoiced for recovery costs in the amount of €40, the immediate payment of all amounts remaining due regardless of the agreed deadlines, plus a penalty clause of 20% of the amount, as well as the possibility of unilaterally terminating the contract at the Client's expense. This clause is in accordance with the provisions of Article 1152 of the Civil Code, which allows the court to reduce the compensation if the court considers it excessive.

6.5. Retention of Title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. CUSTOMER SERVICE

The Site's customer service is available from Monday to Friday from 09:00 to 18:00 at the following toll-free telephone number: +33 (0)6 61 22 49 75, or by email at: contact@tagz.now or by post to the address indicated in Article 1 of these general terms and conditions. In the latter two cases, the Publisher undertakes to provide a response within 24 hours.

ARTICLE 8. PERSONAL SPACE

8.1. Creation of a Personal Space

The creation of a personal space is an essential prerequisite for any order by an Internet User on the Site. To this end, the Internet User will be asked to provide certain personal information. Some of this information is deemed essential for creating a personal space. A User's refusal to provide this information will prevent the creation of the personal space and, incidentally, the validation of the order.

When creating a personal space, the User is asked to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to a User's personal space.

The Customer undertakes to regularly verify their personal data and to make any necessary updates and modifications online from their personal space.

8.2. Content of the Personal Space

The personal space allows the Customer to view and track all orders placed on the Site.

The pages relating to the personal spaces are freely printable by the account holder in question, but do not constitute evidence admissible in court. They are for informational purposes only and are intended to ensure the efficient management of the Customer's orders.

The Publisher undertakes to securely store all contractual elements required by applicable law or regulations.

8.3. Deletion of the Personal Space

The Publisher reserves the right to delete the account of any Customer who violates these general terms and conditions, particularly when the Customer provides inaccurate, incomplete, false, or fraudulent information, as well as when a Customer's personal space has remained inactive for at least one year. This deletion will not constitute a fault on the part of the Publisher or damages for the excluded Client, who will not be entitled to any compensation as a result.

This exclusion is without prejudice to the Publisher's right to take legal action against the Client, when the facts justify it.

ARTICLE 9. PERSONAL DATA

As part of its services, the Publisher will be required to process its Clients' personal data.

9.1. Identity of the Data Controller

The Publisher is responsible for the collection and processing of data on the Site.

9.2. Identity of the Data Protection Officer

The Data Protection Officer is: Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com, always taking care to create a hyperlink to our website URL.

9.3. Data Collected

9.3.1. Data Collected from Clients

As part of its contractual relationships, the Publisher may be required to collect and process information of its Customers, namely: Email, First and last name, Telephone, Address, state, province, postal code, city.

9.3.2. Data collected from customers

The data collected during the contractual relationship is subject to automated processing for the purpose of:

  • Initiating legal proceedings;
  • Verifying the identity of customers;
9.3.3. Legal basis for processing

The data collected has a contractual relationship as its legal basis.

9.3.4. Data recipients

The data collected may only be viewed by the Publisher to the extent strictly necessary for the performance of contractual commitments.

This data, whether in individual or aggregated form, is never freely viewable by a third-party natural person.

9.3.5. Personal Data Retention Period

The personal data collected is retained for the duration of the contractual relationship, and for the period during which the Publisher may be held liable.

After the retention period, the Publisher undertakes to permanently delete the data of the persons concerned without retaining a copy.

9.3.6. Security and Confidentiality of Personal Data

Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.

Access to the Publisher's premises is also secure.

9.3.7. Data Minimization

The Publisher may also collect and process any data voluntarily provided by its Clients.

The Publisher directs its Clients to provide personal data strictly necessary for the performance of contractual commitments.

The Publisher undertakes to retain and process only data strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as quickly as possible.

9.4. Respect for Rights

The Publisher's Clients have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by completing the online contact form.

9.4.1. Right to Information, Access, and Communication of Data

The Publisher's Clients have the right to access their personal data.

Due to the Publisher's obligation to ensure security and confidentiality in the processing of personal data, requests will only be processed if Clients provide proof of their identity, in particular by providing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the statement "I hereby certify on my honor that the copy of this identity document is a true copy of the original." Done at … on …,” followed by their signature.

To assist them in their efforts, Customers will find here a letter template developed by the CNIL.

9.4.2. Right to rectify, delete, and be forgotten

The Publisher's Customers may request the rectification, updating, blocking, or deletion of their personal data, which may be inaccurate, erroneous, incomplete, or obsolete.

The Publisher's Customers may also define general and specific guidelines regarding the fate of their personal data after their death. If necessary, the heirs of a deceased person may request that the death of their loved one be taken into account and/or that the necessary updates be made.

To assist them in this process, Customers will find here a template letter developed by the CNIL.

9.4.3. Right to object to data processing

The Publisher's Customers have the option to object to the processing of their personal data.

To assist them in this process, Customers will find here a template letter developed by the CNIL.

9.4.4. Right to Data Portability

The Publisher's Clients have the right to receive the personal data they have provided to the Publisher in a transferable, open, and readable format.

9.4.5. Right to Restrict Processing

The Publisher's Clients have the right to request that the Publisher restrict the processing of their personal data. Thus, their data may only be retained and no longer used by the Publisher.

9.4.6. Response Time

The Publisher undertakes to respond to any request for access, rectification, or objection, or any other additional request for information, within a reasonable timeframe, which may not exceed one month from receipt of the request.

9.4.7. Complaint to the Competent Authority

If the Publisher's Customers consider that the Publisher is not complying with its obligations regarding their personal data, they may submit a complaint or request to the competent authority. In France, the competent authority is the CNIL, to which they can submit a request here.

9.5. Transfer of Collected Data

9.5.1. Transfer to Partners

The Publisher uses authorized service providers to facilitate the collection and processing of its Customers' data. These service providers may be located outside the European Union.

The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use, and data protection, for example through the US Privacy Shield.

The Publisher uses the following subcontractors:

Partner Quality Recipient Country Processing carried out Guarantees
Facebook Ads Manager Subcontractor and Co-processor USA (Privacy Shield) Performing prospecting-related operations. https://www.facebook.com/policy.php
Facebook Analytics Subcontractor and Co-processor USA (Privacy Shield) Production of commercial statistics to generate reports on Internet user interactions. https://www.facebook.com/policy.php
Google Analytics Subcontractor and Co-processor USA (Privacy Shield) Production of commercial statistics to generate reports on Internet user interactions. Internet users. https://policies.google.com/privacy
Facebook Co-processor USA (Privacy Shield) Management of user reviews of products, services, or content. https://www.facebook.com/policy.php
Youtube Co-controller USA (Privacy Shield) Hosting of videos. https://policies.google.com/privacy?hl=fr&gl=fr
Instagram Co-responsible USA (Privacy Shield) Management of people's opinions on products, services, or content. https://help.instagram.com/519522125107875

 

9.5.2. Transfer upon requisition or court order

Customers also consent to the Publisher disclosing the collected data to any person, upon requisition by a state authority or by court order.

9.5.3. Transfer in the context of a merger or acquisition

If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy, or in the acquisition of all or part of its business by another company, Customers consent to the Publisher transferring the collected data to that company and to that company processing the personal data referred to in these General Terms of Service in place of the Publisher.

ARTICLE 9 BIS. RIGHT OF WITHDRAWAL – REFUND – LEGAL GUARANTEES

9 BIS.1. Scope of Application

In accordance with the provisions of the Consumer Code, the right of withdrawal is reserved exclusively for consumer Clients, natural persons not acting within the scope of their commercial, industrial, craft, professional, or agricultural activity.

Professional Clients do not have a right of withdrawal, unless otherwise required by mandatory legal provisions.

9 BIS.2. Right of withdrawal

The consumer Client has a period of fourteen (14) calendar days from receipt of the Products to exercise their right of withdrawal, without having to justify their decision.

To exercise this right, the Client must notify their decision to withdraw in writing, by means of an unambiguous statement.

9 BIS.3. Exclusions from the right of withdrawal

In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised, in particular, for:
• Products that have been worn, washed, altered, or damaged after delivery;
• Products returned incomplete;
• Products whose condition has been altered beyond their initial used condition;
• Boxes or Lots from which one or more Products have been removed or mixed.

9 BIS.4. Return Policy

Products must be returned in their original used condition, complete, within a maximum of fourteen (14) days following notification of withdrawal.

Return shipping costs are entirely the responsibility of the Customer. The Customer must choose a home or business delivery method (signature required upon delivery is recommended). For logistical reasons, the Publisher does not accept returns to relay points, lockers, or third-party collection points (such as Mondial Relay, Relais Colis, etc.). Any package sent to a collection point will not be collected by the Publisher, will remain the Customer's responsibility, and will not be eligible for a refund.

Request a Return

Click the profile icon in the store menu, or go to the refund policy or returns page, and then request a return.

Log in to your account:

In the "Email Address" field, enter your email address, and then click "Continue."

In your inbox, open the email sent by our store and copy the six-digit verification code.

Return to the online store and enter the six-digit verification code again.

Click "Request a Return" for the relevant order.

If your order contains multiple items, select the ones you wish to return.

Select a reason for return and add a note for the store.

Click "Request a Return."

If your return request is approved and requires shipping, you will receive an email with shipping instructions. Once the product has been returned, you will be refunded.

9 BIS.5. Refund

Refunds will be issued within a maximum of fourteen (14) days from the date the Products are actually received by the Publisher or from the date the Customer provides proof of shipment.

Initial delivery charges are only refunded up to the cost of the standard delivery method offered by the Publisher.

9 BIS.6. Second-hand Products – Acceptance of Apparent Defects

The Customer acknowledges and accepts that, as the Products are second-hand, the presence of signs of wear, minor cosmetic defects, variations in size, cut, brand, or labeling does not constitute a lack of conformity or a hidden defect.

9 BIS.7. Boxes and Bundles – No Guarantee of Selection

No claim may be based on:
• the composition of the Box or Bundle;
• the number or absence of so-called “premium” brands;
• the resale value estimated by the Customer;
• the Customer's personal preferences or subjective expectations.

9 BIS.8. Refund Policy

The detailed terms and conditions for refunds, returns, and dispute resolution are specified in the Refund Policy accessible on the Website, which forms an integral part of these General Terms and Conditions of Sale.

ARTICLE 9 TER – DELIVERY

9 TER.1 Terms and Conditions

The Products are delivered to the address provided by the Customer when placing the order.
The Customer is solely responsible for the accuracy and completeness of the information provided.

9 TER.2 Delivery Times

The delivery times indicated are estimates and depend on the carriers.
They are not guaranteed delivery times.

9 TER.3 Transfer of Risk

In accordance with Article L216-4 of the French Consumer Code, the risk of loss or damage is transferred to the Customer when they take physical possession of the Product.

9 TER.4 Incorrect Address – Return to Sender

In the event of:
• an incorrect address incomplete or incorrect information,
• repeated absence of the Customer,
• failure to claim the package within the carrier's time frame,
• or any other cause attributable to the Customer,

resulting in the return of the package to the sender, the reshipping costs will be entirely borne by the Customer.

Reshipment can only take place after payment of the new delivery charges.

The initial delivery charges are non-refundable.

Full delivery terms and conditions are detailed in the Shipping Policy available on the Website. (https://tagz.now/policies/shipping-policy)
This Policy forms an integral part of these Terms and Conditions and is deemed accepted by the Customer upon order confirmation.

ARTICLE 10. PUBLISHER'S LIABILITY

10.1. Nature of the Publisher's Obligations

The Publisher undertakes to exercise the necessary care and diligence to provide quality Products that comply with the specifications of these General Terms and Conditions. The Publisher is only liable for an obligation of means regarding the services covered by these General Terms and Conditions.

10.2. Force Majeure - Customer Fault

The Publisher shall not be liable in the event of force majeure or Customer fault, as defined in this article:

10.2.1. Force Majeure

For the purposes of these general terms and conditions, any impediment, limitation, or disruption to the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the access provider, transmission network failure, collapse of facilities, illicit or fraudulent use of passwords, codes, or references provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flood, power outage, war, embargo, law, injunction, request, or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Publisher shall be considered a force majeure event against the Customer. In such circumstances, the Publisher shall be excused from fulfilling its obligations to the extent of this impediment, limitation, or disruption.

10.2.2. Customer Fault

For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission, or failure on the part of the Publisher or its agents, failure to follow the advice given by the Publisher on its Website, any unlawful disclosure or use of the Customer's password, codes, and credentials, as well as the provision of incorrect information or failure to update such information in the Customer's personal space, shall be considered a fault of the Customer. The implementation of any technical process, such as robots or automated queries, the implementation of which contravenes the letter or spirit of these General Terms and Conditions of Sale, shall also be considered a fault of the Customer.

10.3. Technical Issues - Hyperlinks

In the event of inability to access the Site due to technical issues of any kind, the Customer shall not be entitled to any damages or compensation. The unavailability, even prolonged and without any time limit, of one or more online services shall not constitute a loss for Customers and shall in no way give rise to the award of damages by the Publisher.

The hyperlinks on the Site may redirect to other websites. The Publisher shall not be held liable if the content of these sites violates applicable laws. Likewise, the Publisher shall not be held liable if the Internet user's visit to one of these sites causes them harm.

Given the current state of technology, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphics accessories and the screen, or the display resolution. These variations and differences may under no circumstances be attributed to the Publisher, which shall under no circumstances be held liable for them.

10.4. Damages payable by the Publisher

In the absence of any legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal, and definite harm suffered by the Customer and related to the failure in question. The Publisher shall not be held liable under any circumstances for indirect damages such as, in particular, loss of data, commercial losses, loss of orders, damage to brand image, commercial disruption, and loss of profits or customers. Similarly, and within the same limits, the amount of damages payable by the Publisher shall not, under any circumstances, exceed the price of the Product ordered.

10.5. Hyperlinks and Site Content

The Site Content is published for informational purposes only, with no guarantee of accuracy. The Publisher cannot be held liable under any circumstances for any omission, inaccuracy, or error contained in this information that may cause direct or indirect damage to the Internet user.

The Publisher cannot be held liable in the event of misinterpretation by the Client of the concept of second hand or Box, as defined herein.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal Protection of Site Content

The Site Content may be protected by copyright and database law. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal action for infringement.

11.2. Contractual Protection of Site Content

The Internet User contractually undertakes with the Publisher not to use, reproduce, or represent, in any way whatsoever, the Site Content, whether or not protected by intellectual property rights, for any purpose other than reading it by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site content for indexing purposes.

ARTICLE 12. FINAL PROVISIONS

12.1. Applicable Law

These general terms and conditions are subject to the application of French law.

12.2. Amendments to these General Terms and Conditions

These general terms and conditions may be amended at any time by the Publisher. The general terms and conditions applicable to the Customer are those in effect on the date of their order or their connection to this Site; any new connection to the personal space constitutes acceptance of the new general terms and conditions, where applicable.

12.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the execution of these general terms and conditions and for which an amicable solution cannot be found between the parties beforehand must be submitted to:

Furthermore, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1, 2016, mediation has been mandatory for all. Thus, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

FEVAD  /  https://www.mediateurfevad.fr/

12.4. Entirety

The invalidity of one of the clauses of this contract shall not invalidate the other clauses of the contract or the contract in its entirety, which shall retain their full effect and scope. In such a case, the parties shall, to the extent possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose of this Agreement.

12.5. Non-waiver

The Publisher's failure to exercise the rights granted to it herein shall under no circumstances be interpreted as a waiver of said rights.

12.6. Telephone Soliciting

The Customer is informed that they have the option of registering on the telephone solicitation opt-out list at the following address: http://www.bloctel.gouv.fr/.

12.7. Languages of these general terms and conditions

These general terms and conditions are offered in French.

12.8. Unfair terms

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.

12.9. Overall Acceptance

The validation of any order implies full and unreserved acceptance of these General Terms and Conditions of Sale as well as the Refund Policy.