Terms and Conditions

Benzin / Terms and Conditions of Use


TRANSLATION NOTICE: These Terms and Conditions have been automatically translated from French for convenience purposes only. In case of any discrepancy or conflict between the English and French versions, the French version shall prevail and be legally binding.


Terms and Conditions of Use

September 2025

These General Terms and Conditions (the "General Terms and Conditions" or "Terms of Sale") apply to any use of the Service and the Online Platform, as defined below. Please read these General Terms and Conditions carefully as a User so that you know your rights and obligations when using the Service. You can download and print this document.

1. Definitions

In these General Terms and Conditions, the following concepts have the following definitions:

1.1 Buyer: the User who wins a lot through the Online Platform.

1.2 Attribution: The fully automated message sent to the Buyer specifying that their Offer has been accepted, and that they thus gain access to the Benzin service to finalize their acquisition.

1.3 Benzin: the simplified joint-stock company Benzin, headquartered at 143 rue de Meaux 93410 Vaujours, France, and registered with the Bobigny Chamber of Commerce Register under number 832 590 400.

1.4 Buyer's Commission: the percentage of the final Purchase Price that the Buyer will owe to Benzin for using the Service, including VAT where applicable, rounded up to the nearest Euro. It is set at 3% excluding VAT with a minimum of €166 excluding VAT and a maximum of €3250 excluding VAT.

1.5 Seller's Commission: the percentage of the final Purchase Price that the Seller will owe to Benzin for using the Service, plus VAT and exempt from any taxes (such as withholding taxes), duties and levies that may be due, which will be deducted from the Purchase Price payment, rounded up to the nearest Euro. It is set at 3% excluding VAT with a minimum of €166 excluding VAT and a maximum of €3250 excluding VAT.

1.6 Account: the personal section on the Online Platform containing the (personal) data entered by the User or requested from the User's social media account(s), created by the User during registration for the Service, and also managed by the User.

1.7 Consumer: a User who is a natural person who uses the Service, or concludes as a Buyer a Purchase Contract for purposes not related to their trade, business, craft or professional activities.

1.8 Purchase: agreement through the Online Platform between the Seller on one hand and the Buyer on the other hand, concerning a given Lot at a given purchase price.

1.9 Intellectual Property Rights: all Intellectual Property Rights and associated rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighboring rights, as well as rights to know-how and similar services.

1.10 Bank Imprint: a sum held on the bank card provided by the User whose amount varies according to the submitted Bid. The Imprint is not a debit and does not result in billing.

1.11 Online Auctions: automated online auctions of Lots by Sellers on the Online Platform.

1.12 Third-party Service Providers: a third-party entity, not affiliated with Benzin, that manufactures or delivers certain products, services, applications or websites that are accessible to you on our Online Platform, such as (but not limited to) payment or delivery services. Your use of these products, services, applications or websites is governed by and follows the General Terms and Conditions and Privacy Policy of the Third-party Service Providers.

1.13 Information: all material and information placed by Benzin on the Online Platform, or made accessible through the Online Platform. User Material is excluded from this.

1.14 Lot: one or more products or services offered by a Seller on the Online Platform.

1.15 User Material: information on the Online Platform provided by Users, or made accessible or published through the Online Platform by Users, including – but without limitations – Lots, lot descriptions, photos, specifications, comments, reviews, advertisements, messages, offers and/or communications.

1.16 Offer, or bid: the amount expressed in Euros (€) proposed by a User for a Lot, including, where applicable, VAT and duties payable to the Seller, excluding the Buyer's Commission.

1.17 Online Platform: Benzin's digital environment where Users have the opportunity to access the Service through software developed and offered by Benzin, accessible via the Internet notably through https://benzin.fr, https://Benzin.me, and other top-level domain names registered by or on behalf of Benzin, including all subdomains and subordinate pages thereof, as well as mobile versions of these websites, all computer software and other (mobile) applications with which the Service can be used, including on mobile devices such as smartphones and tablets.

1.18 Purchase Price: the amount of the highest Offer expressed in Euros (€) that the Buyer owes to the Seller.

1.19 Reserve Price: the minimum price expressed in Euros (€) that is not shown, which a Seller has indicated wanting to receive for their Lot. This price does not include any Commissions due by the seller or buyer at the end of sale, or any variations or exchange commissions that could impact the user.

1.20 Service: the services offered by Benzin through the Online Platform, visible and described on the Online Platform and in these General Terms and Conditions, including services that Sellers can use to sell Lots through automated online auctions, as well as associated complementary services. For any associated additional service, such as payment services, which are provided to you through the Online Platform, Benzin may use Third-party Service Providers. You may be informed of the use of these Third-party Service Providers at any time when using our Service.

1.21 User: any natural or legal person who creates an Account, uses the Service or visits the Online Platform without registering.

1.22 VAT: value-added tax as described by directive 2006/112/EC of November 28, 2006 of the Council of the European Union on the common system of value-added tax and any other tax of a similar nature.

1.23 Seller: the User who offers one or more Lots for sale on the Online Platform.

1.24 Professional Seller: a User who uses the Service to sell Lots in the context of their commercial, business, craft or professional activities and has provided Benzin with (i) a VAT identification number or (ii) if the Seller does not have a VAT identification number, other proof that they use the Service to sell Lots in the context of their commercial, business, craft or professional activities. A 'Pro' label will appear next to the username for Lots offered by Professional Sellers.

1.25 Payment Space: the digital environment managed and hosted by the third-party company Stripe that Benzin makes available to its users so they can make payments between themselves.

1.26 Secure Payment: refers to the secure payment service accessible via the Payment Space.

1.27 Listings: online sales of Lots by Sellers on the Online Platform in "Buy Now" and "Offers" format.

2. Applicability and modifications of the General Terms and Conditions

2.1 The General Terms and Conditions apply to any use of the Service or the Online Platform. By using the Service, visiting the Online Platform and/or accepting these General Terms and Conditions when creating an Account, the User approves these General Terms and Conditions. The applicability of any other general terms and conditions is excluded.

2.2 The French version of these General Terms and Conditions is the original version, all other versions are only translations. In case of conflict between the provisions of different (linguistic) versions of these General Terms and Conditions, the French language version prevails. All (legal) terms and concepts used in these General Terms and Conditions must however be interpreted according to French law.

2.3 Benzin has the right to modify or supplement the General Terms and Conditions at any time by publishing modifications to the General Terms and Conditions on our Online Platform. The most recent version of the General Terms and Conditions can be found on the Online Platform. If a modification or addition has a significant impact on the rights and obligations of Users, Benzin will inform them by email, or bring the changes to the attention of Users when they use the Service.

2.4 If the User continues to use the Service after the addition or modification of the General Terms and Conditions, they thus irrevocably accept the modified or supplemented General Terms and Conditions. In case the User does not approve the modified or supplemented Terms of Use, their only option is to stop using the Service and delete their Account.

3. General Provisions

3.1 The User admits that the Service and the Online Platform only include the functionalities and other characteristics as they find them at the time of their use ("as is" basis). Benzin expressly excludes explicit and implicit warranties, commitments and declarations of any nature whatsoever, including, but without limitations, those concerning the quality, security, lawfulness, integrity and accuracy of the Service.

3.2 The User accepts that the functionalities of the Service and the Online Platform may change.

3.3 The service offered by the Platform is a brokerage service for auctions conducted remotely by electronic means.

3.4 Sellers offer Lots on the Online Platform, and Users buy these Lots directly from Sellers. Benzin only plays an intermediary and assistant role by offering an Online Platform and complementary services. Benzin cannot exercise any control or bear responsibility for the quality, security, legality or accuracy of the offered Lots, the competence of Sellers to sell Lots, and the capacity or possibility of Buyers to buy Lots. The Buyer acknowledges and agrees that given the nature of the service, no Purchase Contract is concluded at the end of sale between the Buyer and the Seller.

3.5 The User acknowledges and accepts the particular circumstances that may occur in an online auction and the (technical) deficiencies that may arise in this regard. This includes thinking about - but without limitations - the impossibility of being able to access (entirely) the Online Platform, to formulate an Offer or to formulate it within the deadlines, breakdowns or failures at the level of the Online Platform or underlying software, network or software connections. Maintenance activities at the level of the Online Platform or the underlying system may also prevent (unlimited) access or the (temporary) formulation of an Offer. Benzin rejects any responsibility for any damage suffered by the User following such (technical) deficiencies and the User cannot contest any resolutions proposed by Benzin.

3.6 The User acknowledges and accepts that certain provisions of these General Terms and Conditions may not be applicable in their entirety or in part to certain Lots due to their nature, such as the possibility of sending certain Lots. In such cases, the provisions of these General Terms and Conditions will be reasonably explained in such a way that they can be applicable to the corresponding Purchase or corresponding Lot, respecting as much as possible the content, object and spirit of the provision of these General Terms and Conditions.

3.7 Different, modified or supplementary rules to those stipulated in these General Terms and Conditions may be applicable to (the sale and/or purchase of) certain Lots. These will be mentioned as much as possible with the corresponding Lot on the Online Platform.

3.8 Notwithstanding any other provision of these General Terms and Conditions, the User acknowledges and accepts that the Lots belong to the Seller and not to Benzin. No Purchase Contract is concluded between Benzin and the Buyer, and Benzin does not transfer any ownership rights from the Seller to the Buyer.

3.9 These General Terms and Conditions of Sale apply in the same way to Lots offered in Online Auction format as to Lots offered in Listing format.

4. Registration for the Service

4.1 For optimal use of the Service, the User must create an Account in the manner described on the Online Platform. The User can also log in through certain third-party services, such as a Facebook account. The User guarantees to Benzin that the information they provide when creating their Account is complete, reliable and up to date. At the time of registration, the User must provide a username and password, which allow them to access the Account.

4.2 Professional Sellers are required to report their professional status by identifying themselves as such when creating their Account. The User accepts that they be reported as a Professional Seller for any use made through such an Account. Benzin has the right to modify the status of Accounts if it deems it reasonably necessary, such as in the case where a Professional Seller has not registered as such.

4.3 The User is required to comply with all applicable tax legislation and regulations, and to register correctly in this regard at the time of registration, by providing all necessary data. The User assumes full responsibility for the consequences of communicating incomplete or inaccurate information regarding their tax position, and fully indemnifies Benzin for any third-party claims, including from the tax authorities, and all associated damages and costs that may result, claims, damages and costs that will be directly recovered by Benzin from the User.

4.4 It is prohibited to create an Account on behalf of a third party and/or to provide false information. It is prohibited to log in through third-party service accounts of other persons or to authorize other persons to log in on behalf of the User.

4.5 The User is personally responsible for the confidentiality of their username–password combination. The User therefore also assumes responsibility for the use of the Service through their username and password, and indemnifies Benzin for any damage that may result from abuse or use of their username and password. Benzin may assume that the User is actually the one who logs in with the User's username and password.

4.6 As soon as the User knows or has reason to believe that a username and/or password is in the hands of unauthorized persons, they must inform Benzin, without prejudice to their own obligation to immediately take effective measures themselves, such as changing their password.

4.7 In principle, everyone can register with Benzin. If the User is under 18 years old, they however need authorization from their legal representative(s) (guardian or parent(s)). By accepting these General Terms and Conditions, the User guarantees that they are indeed at least 18 years old or have obtained authorization from their legal representative(s) for creating their Account.

4.8 Benzin reserves the right to modify the registration and connection procedure, password, username and/or certain information of the User if it deems it necessary in the interest of Benzin, third parties, or the operation of the Service.

4.9 Benzin reserves the right to refuse Users the right to register and participate in an Online Auction and/or to terminate this right unilaterally.

5. Offering Lots

5.1 To be able to sell Lots through the Online Platform, the User must complete their profile and among other things provide their address in their Account.

5.2 Lots will be deemed appropriate for sale through the Online Platform based among other things on attractiveness, rarity and possible revenue as well as demand for a given type of Lot. Lots may be refused for auction without indication of reason.

5.3 When offering the Lot, the Seller must provide clear and understandable information about the offered Lot. This includes in all cases – but without limitations – the following materials and information:

(i) Correct, complete and precise description of the offered Lot; (ii) Information on the condition and qualification of the Lot, including whether it is merchandise with a margin under VAT legislation; (iii) At least one (1) faithful photo; (iv) A possible Reserve Price; (v) The existence and terms of buyer assistance after sale (if applicable) and any guarantees; (vi) Other conditions possibly linked to the offer.

5.4 Benzin offers an advisory and writing service to the Seller. The Seller has the obligation to check the description before the Online Auctions start and guarantees that the Lot conforms to its description and indemnifies Benzin against any claim from the Buyer regarding non-conformity in this regard. The Seller retains responsibility for the description of Lots throughout the sale and undertakes to inform Benzin of any change in condition or sale conditions that may occur before the end of the Auctions. The listing can be modified at any time and at no extra cost, as long as these modifications do not significantly affect the value of the lot. If Benzin considers that the modifications are too important, then it is possible to cancel the sale or reduce the reserve price accordingly (if defined, and subject to Benzin's agreement). Any withdrawal or cancellation involves payment of 6% excluding VAT (7.2% including VAT) of the reserve price (minimum €398 including VAT, see conditions). In case of sale without reserve price, this will be calculated based on the highest bid.

5.5 In case of cancellation by the Buyer due to non-conformity of the Lot to its description, the Seller owes service fees of 7.2% including VAT of the final price with a minimum of €398 including VAT.

5.6 Benzin rejects any responsibility or civil liability vis-à-vis other Users regarding the description of Lots, including information and declarations by the Seller cited in article 5.3.

5.7 The Seller guarantees that they are the legitimate owner or are authorized to sell the Lots they offer on the Online Platform and that by offering and selling a Lot, they do not contravene any law or regulation, any third-party rights, including agreement rights and intellectual property rights, do not act fraudulently in general or otherwise act illegally and/or fraudulently towards third parties or Benzin. The Seller indemnifies Benzin against any claim made by the Buyer or by third parties regarding the legality of the sale of a Lot or related to any violation of this article 5.5 and against any damage and costs related thereto. The Seller also guarantees that the offer and sale of the lot is a genuine and authentic operation. More specifically, the Seller guarantees that the lot is not offered within the framework of a false transaction, allowing the buyer and/or third parties to transfer an amount and launder the money involved.

5.8 The Seller cannot offer competitive services to Benzin's service offering without prior agreement. Similarly, it is prohibited to promote other sales platforms and/or service providers. Benzin reserves the right to remove all or part of messages including commercial offers from third parties not approved by Benzin.

5.9 Benzin has the right to have texts associated with a Lot translated so that it can also be offered in other countries, also using automatic translation systems or not. Benzin may, at its discretion, proceed with termination ("auction cancellation") of this contract on behalf of a User who has been manifestly negatively affected by a translation error, if no other solution has been found with the User. This is the User's sole recourse.

5.10 In case Benzin is informed of an incorrect translation of the Lot while the Lot is still being auctioned, Benzin may, at its discretion, adjust the description of the Lot or withdraw the Lot from the Auction.

5.11 Article 5.9 only applies if the lot description has been manually translated by Benzin. Benzin accepts no responsibility for any errors in texts due to these automatic translations. The possibility of having an automatic translation of the lot description can be found on the description page of this lot.

5.12 The Seller may request cancellation of their lot's sale until the moment they sign the previously sent sales contract (except "Photographer"/"Expert" formulas - see Article 5.16). The conditions associated with the Seller's offer can no longer be modified by the latter. If, notwithstanding the above provisions, a Lot is nevertheless withdrawn from Online Auctions at the Seller's request, the latter assumes full responsibility for the damage caused. At Benzin's request, the Seller (before possible removal of the Lot from the Sale) must provide documents, files or other evidence supporting the reason for their removal request. Only after receiving sufficient evidence can Benzin, at its discretion, consult the highest bidders and withdraw the lot from the auction. The Seller must pay the applied service fees (7.2% including VAT, with a minimum of €398 including VAT and a maximum of €7800 including VAT) on the amount of the previously established reserve price, or the best current bid in case of a sale without reserve.

5.13 At the end of the Sale, the Seller is informed that the highest offer is automatically accepted on their behalf, but is not bound by it. However, the Seller is required to accept at least one of the offers above their reserve price or one of the offers proposed by Benzin within 2 business days following the closing of the Auctions as long as the financial conditions are greater than or equal to those defined by the sale contract. In case of refusal, the Seller must pay the applied service fees on the amount of the highest offer with a minimum of €398 including VAT.

5.14 As soon as an Offer is accepted by the Seller, they receive confirmation by email and are required to continue the transaction with the Buyer carrying the Offer, without time conditions. In case of refusal, the Seller must pay the applied service fees on the amount of the highest offer with a minimum of €398 including VAT. However, the Seller cannot be required to continue the transaction if the Purchase Price was not paid by the Buyer within 3 weeks following the end of the sale, but Benzin must nevertheless give its prior agreement for cancellation of the transaction.

5.15 Lots are exclusively offered by the Seller on the Benzin Platform and therefore cannot (or no longer) be offered through other sales channels during the duration of auctions and 2 days after the end of sale. The Seller will remove Lots from other websites, including auction platforms, online marketplaces and their (own) online stores. The Seller must pay the applied service fees (7.2% including VAT, with a minimum of €398 including VAT and a maximum of €7800 including VAT) of the reserve price in case of violation of this clause.

5.16 If the seller has mandated Benzin within the framework of services included in the "Photographer" or "Expert" formulas, then it is strictly prohibited for them to offer their vehicle on other sales platforms or to sell their vehicle by any means from the day they gave their agreement for said services. Also, it will no longer be possible for the seller to modify the previously defined reserve price upward. In case of violation, the Seller must pay the applied service fees (7.2% including VAT, with a minimum of €398 including VAT and a maximum of €7800 including VAT) on the amount of the previously established reserve price.

5.17 By accepting the online listing of the Lot on the Platform, the Seller transfers to Benzin all rights to use the photos and videos provided for the presentation of the Lot, whether these elements were made by themselves or a third party, and authorizes Benzin to use them at any time and at its sole discretion. The Seller cannot subsequently demand removal of a listing after the sale as long as the listing does not present any information that is personal to them.

6. Conduct of Online Auctions

6.1 Users are required to follow all reasonable guidelines and instructions regarding an online auction. In case of situations not provided for by these General Terms and Conditions during Online Auctions and/or in case of dispute between Users or other irregularities, the final decision rests with Benzin.

6.2 Benzin is authorized to temporarily or permanently prevent Users from offering Lots, and Users from making an Offer for Lots at any time before, during or after Online Auctions.

6.3 It is possible to participate in Online Auctions during the determined duration on the Online Platform. Users make offers by proposing amounts higher than the current Offer. If an Offer is still made during the last minute of Online Auctions, the duration of these auctions is extended by two (2) minutes each time.

6.4 Offers are displayed on the Online Platform, rounded up to the nearest whole number. This may have an effect on the amount of minimum offer steps. The Purchase price may also be rounded to whole numbers before being paid to the Seller. Numbers are automatically rounded up or down according to certain predetermined limits.

6.5 Offers are systematically made in Euros (€) and VAT included.

6.6 For a User to be able to make an Offer, they must have provided a valid bank card that may be subject to strong authentication ("3D Secure"). In doing so, the User gives Benzin a Mandate with their financial institution to make any payment that the User might owe, including Bank Imprints, payment of service fees, payment of withdrawal fees. In case the provided payment method would be insufficient, Users are required to follow all guidelines and instructions from Benzin to regularize their situation. Otherwise, Benzin reserves the right to withdraw any non-regulatory bid and charge the resulting fees of an amount at least equal to the Buyer's Commission and Seller's Commission lost by Benzin.

6.7 Sellers are paid exclusively in Euros (€).

6.8 Each offer is deemed to have been made by the person through whose Account the Offer was made. The User is therefore always personally bound by Offers made through their Account vis-à-vis the Seller, even if a third party makes offers through their Account.

6.9 Offers made remain valid for a period of 2 business days after the end of the sale, which the Seller can accept at any time by notifying Benzin. An accepted offer equals complete delivery of the service provided by Benzin and requires its full payment.

6.10 The Consumer accepts that given the nature of the service provided by Benzin, the right of withdrawal defined in article L221-28 of the consumer code is not applicable to the service provided by Benzin, and subject to specific situations that will be described in the Online Auctions in question, a formulated Offer is unconditional and irrevocable. The User cannot invoke typos or errors. Benzin does not authorize any bid withdrawal, even if the bid in question is not the highest at the time of the request.

6.11 The Seller is not authorized to make an Offer for Lots they offer themselves and/or to charge other persons to make an Offer. In case of Purchase between the Seller and themselves or a person whom the seller has charged to make an Offer, the Seller is required to pay the Seller's Commission as well as the Buyer's Commission and Benzin reserves the right to withdraw the lot from the sale.

6.12 Benzin reserves the right to lower the Reserve Price without notice to the seller or bidders in order to conclude the purchase at an Offer above the net seller reserve price. The sum thus lost by the seller is fully compensated by Benzin by reduction of the Seller's Commission and/or payment of all or part of the Buyer's Commission. In no case can the reduction of the Reserve Price exceed the sum of the Buyer's Commission and the Seller's Commission.

6.13 Additional conditions applicable to the offer of Lots and/or the formulation of Offers may be mentioned on the Online Platform and/or in Benzin messages (emails).

6.14 The highest offer is automatically pre-selected by the Seller. However, all offers made remain valid for 2 business days and can be accepted at any time by the Seller during this period. Benzin will then notify the Buyer and Seller and they will then be bound by the same obligations as during an automatically validated sale. The seller can accept other offers that suit them as long as a Buyer has not honored their payment obligations.

6.15 With each bid placed by a user, Benzin performs a solvency check by bank card imprint, which may be subject to strong authentication ("3D Secure"). An amount corresponding to the reached bidding level is held on the card. For a bid less than or equal to €25,000: €300 is held, then €600 between €25,001 and €50,000, and €1000 on bids of €50,001 and more. Nothing is charged as long as the bid is not won by the user. Only one imprint is made for all bids made on the site, including for different lots, but the imprint amount is taken on the highest bid.

6.16 Benzin reserves the right to apply a pre-authorization of sales fees when a bid appears suspicious. Cases of suspicion include but are not limited to: overbid largely superior to the previous bid, bids on multiple lots, overbids on their own offers above the reserve indicator. This charge is refunded at the end of auction if the bidder does not win the lot(s).

6.17 The Buyer understands that given the nature of the service provided by Benzin, the lot is not attributed to them at the end of sale and that the Seller may decide to accept the offer of another bidder for localization or payment guarantee criteria. If applicable, the impacted Buyer will be informed as soon as possible and refunded for all amounts possibly paid.

7. Sales Rules for Professional Sellers

7.1 The Seller is required to honestly indicate whether they offer lots as a professional or not. If the Seller does not act in their professional capacity, they are required to indicate that they are a "Private Seller." Professional Sellers are required to register as such and provide Benzin with a valid identification number. Or, if the Seller does not have an identification number, other proof satisfying Benzin that they use the Service in the context of commercial, business, craft or professional activities.

7.2 The Professional Seller is required to provide all documents necessary for validation of their payment profile including but not limited to: KBIS less than 3 months old (or equivalent company registration for countries other than France), Professional bank details, Valid identity document (National identity card, Passport, driver's license), list of company beneficiaries.

8. Consumer Rights

8.1 The User is informed that, given the nature of the brokerage activity, the consumer may waive their right of withdrawal in accordance with article L221-28 of the consumer code which provides that: "The right of withdrawal cannot be exercised for contracts: For supply of services fully performed before the end of the withdrawal period and whose execution began after express prior agreement of the consumer and express waiver of their right of withdrawal." Before any use of the service, the private user, whether bidder or seller, gives their express agreement to immediate execution of the service and expressly waives their right of withdrawal by submitting their Bid. The bidder acknowledges being therefore perfectly informed that by submitting their Bid, any commitment towards Benzin will become final and cannot be subject to withdrawal, so that the commission will be due by the buyer and by the seller in accordance with the articles mentioned below even in the event that the sales contract would not succeed.

9. Payment

9.1 After closing of Online Auctions, the Buyer must pay the seller via Benzin the Purchase Price and the Buyer's Commission by following the payment instructions. The Buyer ensures that all net amounts are received and therefore assumes responsibility for all (banking) fees, levies (such as withholding taxes), duties and taxes due to them. The Buyer guarantees that they do not buy the lot within the framework of a false transaction, which allows them and/or third parties to transfer the total or partial purchase price and launder the money involved.

9.2 If the Buyer does not immediately pay the Buyer's commission and/or the Purchase Price within the payment deadline mentioned on the listing, they are automatically in default vis-à-vis Benzin, without any formal notice being required. From the moment the Buyer is in default, they owe interest equal to commercial interest by law. Benzin will send at least one final payment reminder. In the absence of communication from the Buyer, Benzin reserves the right to consider that the Buyer is in payment default before the end of the granted payment deadline and Benzin may bill and charge the Buyer the amount of the Seller's commission lost by Benzin.

9.3 The Seller cannot force Benzin to collect the Purchase Price before delivery of the Lot. In case Benzin informs the Seller that no Purchase Price collection procedure will be initiated or continued, the Buyer accepts that the Seller has the right to terminate the sale with immediate effect without formal notice being necessary. The termination declaration can be sent to the Buyer by Benzin on behalf of the Seller.

9.4 Cancellation of the Purchase due to non-compliance by the Buyer with their payment obligation will not affect the Buyer's responsibility to pay the Buyer's Commission together with the Seller's Commission lost by Benzin.

9.5 In case of termination following a breach by the Buyer of their payment obligation, the latter assumes responsibility for all damages and costs caused to Benzin, which amount in all cases to the amount of the Seller's Commission lost by Benzin and a flat-rate amount of €1,000 as procedural fees. Benzin may use all means at its disposal to recover the amount due.

9.6 Finally, cancellation of the Purchase due to non-compliance by the Buyer with their payment obligation releases the Seller from any delivery obligation of the Lot towards the Buyer in case Benzin has not found a replacement offer under equivalent financial conditions or that the conditions described in article 5.14 are met. The Seller cannot judge the proper compliance with the Buyer's payment obligation, the decision of which rests with Benzin who will inform them.

9.7 The Purchase Price will only be paid to the Seller (after deduction of the seller's commission) after the Buyer has paid the Purchase Price and the buyer's commission and the conditions described in article 9.9 are met.

9.8 Notwithstanding the above, payment may be suspended, particularly in case the Buyer has notified a dispute due, for example, to alleged damage or non-conformity of the Lot within the framework of the surprise-free guarantee defined in 10.15.

9.9 The Buyer accepts that the Purchase Price be paid to the seller as soon as they have given instruction to Benzin, or they have declared good reception of the Lot to Benzin or as soon as the Lot has been taken over by the carrier or 2 days have elapsed after the reception date declared by the Seller without contrary proof from the Buyer, whichever of the four cases occurs first. No claim or refund can be made afterwards.

9.10 Cancellation of the Purchase by the Buyer for any other reason outside the framework of the surprise-free guarantee defined in 10.15 will not affect the Buyer's responsibility to pay the Buyer's Commission together with the Seller's Commission lost by Benzin. If the Buyer has already paid the Purchase Price through Secure Payment, the funds will be returned.

10. Delivery and Collection of Lots

10.1 Unless the Buyer and Seller have agreed on sending the lot, the buyer is required to come and collect the Lot from the seller, at the location indicated on the listing, in accordance with the listing and conditions communicated beforehand by the Seller. The buyer has a maximum of 24 hours to indicate their collection method via the listing after winning a lot. In case of transport, after the quote has been made, the buyer has 24 hours to accept it or to indicate hand delivery. Outside these deadlines, and after appropriate reminders, Benzin reserves the right to consider that the buyer wishes to withdraw from the lot they won.

10.2 If the Buyer and seller agree on sending the lot by a Benzin partner carrier, or third party, the Seller is required to make the Lot available to the carrier so that it is delivered to the Buyer who benefited from the Attribution to the description and conditions as set by the Seller when submitting the Lot and without prejudice to the provisions of article 8.

10.3 The Seller can only modify the shipping status after the Seller has actually shipped the Lot or after the Buyer has actually collected the Lot.

10.4 Sold Lots must be insured during transport.

10.5 The address communicated by the Buyer serves as the delivery location. The risk of damage and/or loss of Lots returns to the transport agent until the moment of delivery at the address communicated by the Buyer. Any damage possibly noted on delivery must be reported to the carrier and documented (photos, videos) in their presence. The Buyer cannot make claims after delivery of the Lot and departure of transport.

10.6 Benzin has the right to consider the signature for reception and/or confirmation of recommended delivery with acknowledgment of receipt at the delivery location as proof of reception by the Buyer. The Seller accepts that Benzin has the right not to accept any other proof of reception. This provision does not in itself grant rights to the Seller. If a Lot does not arrive correctly, the Buyer and Seller are obligated to cooperate with the transport agency conducting the investigation, this in case they fail to find a solution between themselves. An ongoing investigation does not affect Benzin's right to decide whether the purchase price will be refunded to the buyer or paid to the seller in accordance with article 9.8.

10.7 In case the Seller does not comply with their obligation to arrange an appointment with the Buyer for lot collection, or to deliver correctly and completely under this Article 10, even after proper formal notice, the Seller is in default and the Buyer has the right to terminate the sale. The formal notice and termination declaration can be sent to the Seller by Benzin on behalf of the Buyer, but Benzin is not obligated to do so. In this case, the Seller is then required to compensate the Buyer for the Buyer's commission, without prejudice to any other right, in which case the Seller, and not Benzin, is obligated to refund the Purchase Price that has already been received.

10.8 Termination of the sale due to non-compliance by the Seller with their delivery obligation (which includes, without being limited to, failure to deliver a Lot in accordance with the lot description) has no impact on the Seller's responsibility to pay the Seller's Commission. In such a case, the Seller assumes responsibility for all damages and costs consequently caused to Benzin, which amount in all cases to the amount of the Buyer's commission lost by Benzin together with flat-rate management fees of €100.

10.9 The Buyer is required to collect the Lot within the deadlines mentioned in the description of this Lot. If no deadline is mentioned or has been agreed, the Buyer is required to collect the Lot within a reasonable time, which cannot in any case exceed four weeks (from the date of closing of the Online Auctions in question). If the Buyer does not collect the Lot within the deadlines, does not respect their agreements with the Seller and/or refuses or omits to provide information or follow the Seller's instructions necessary for delivery of the Lot, Benzin has the right, after having warned the Buyer by email or messaging, to bill and charge the amount of the Seller's Commission lost by Benzin. The Buyer can no longer claim in this case any refund of Commissions or any compensation vis-à-vis Benzin.

10.10 If the Buyer does not meet their collection and collaboration obligations, this has no impact on the Buyer's responsibility to pay the Buyer's Commission. In this case, the Buyer assumes responsibility for all damages and costs consequently caused to Benzin, which amount in all cases to the amount of the Seller's Commission lost by Benzin together with flat-rate management fees of €100.

10.11 Benzin has the right to deduct the amounts cited in Article 10.10 from the Purchase Price that must be returned to the Buyer.

10.12 The Seller is required to deliver the lot to the Buyer whose offer they accepted through the Platform as long as the Buyer meets their payment obligations. The Seller is required to make the Lot available within the deadlines mentioned in the description of this Lot. If no deadline is mentioned or has been agreed, the Seller is required to make the Lot available within a reasonable time, which cannot in any case exceed four weeks (from the date of receipt of funds from the Buyer). If the Seller does not make the Lot available within the deadlines, does not respect their agreements with the Seller and/or refuses or omits to provide information or follow instructions from the Buyer or Benzin necessary for delivery of the Lot, Benzin has the right, after having warned the Seller by email or messaging, to bill and charge the amount of the Buyer's Commission lost by Benzin. The Seller can no longer claim in this case any refund of Commissions or any compensation vis-à-vis Benzin.

10.13 Possible claims and disputes between the Seller and Buyer must be reported as soon as possible to Benzin. Although the Buyer and Seller must in principle resolve disputes between themselves, Benzin will if necessary do its best to serve as intermediary between the Seller and Buyer within the framework of its "Surprise-free Guarantee." If the Seller and Buyer do not reach an agreement, they hereby accept that Benzin has the right to return the Purchase Price to the Buyer and bill the Buyer's Commission and Seller's Commission to the party that failed to meet their obligations in accordance with these conditions. Benzin will thus owe no compensation to the Buyer or Seller. No claim can be made against Benzin after signing the sales contract between the seller and buyer and/or after the Buyer has authorized payment of funds to the Seller and/or after the lot has been shipped. Benzin is not a party in case of dispute.

10.14 In case of a sale organized by Benzin after the end of an auction, the general conditions of sale apply as described within the framework of the auction, notably the conditions for payment of the Buyer's commission, payment of the Purchase Price, collection of the lot and the surprise-free guarantee.

10.15 Framework of application of the "Surprise-free Guarantee." This applies to lots eligible for Secure Payment. Benzin is able to return the Purchase Price to the Buyer as well as part of the Buyer's Commission if the vehicle presents a major defect not reported during the sale or that the Seller failed to meet a commitment explicitly mentioned on the listing (including listing text, photos, video, comments and private messages between the Buyer and Benzin and/or the Seller). A major defect is defined as mechanical damage (consumables excluded) or bodywork damage having a financial impact greater than 20% of the Purchase Price with a minimum of €1,000. The financial evaluation of the defect is solely within Benzin's purview. The defect must be noted before or during delivery of the vehicle in the presence of the seller. Any subsequent claim (after payment of the Purchase Price to the Seller) does not fall within the framework of the "Surprise-free Guarantee." In order to invoke the Surprise-free Guarantee, the Buyer must provide Benzin with proof of the noted defects (photos and videos). A flat-rate deduction of €100 including VAT will be billed to the Buyer in case of cancellation within the framework of the Surprise-free Guarantee. If the Buyer has already paid the Purchase Price through Secure Payment, the funds will be returned directly via the Payment Dashboard. Given these conditions, the surprise-free guarantee cannot apply within the framework of delivery by carrier. It also excludes products sold as "restoration project." In case of a lot sold as such, it will be clearly mentioned in the listing that it is sold for "restoration project."

11. Use of the Service

11.1 Any use of the Service and Online Platform is at the User's risk, expense and responsibility.

11.2 By publishing User Material on the Online Platform or making it accessible through the Service, the User guarantees that:

(i) They are authorized to do so, and to grant Benzin the rights as provided in these General Terms and Conditions;

(ii) The User Material they make available: a) Is not misleading; b) Is not discriminatory in terms of appearance, race, religion, sex, culture, origin or otherwise injurious, does not incite violence and/or harassment of another or others, and is not contrary, in Benzin's opinion, to good morals or good taste, is not brutal, contains no links to pornographic material or websites and does not encourage any illegal activity; c) Contains no personal data of third parties; d) Is not composed of chains, spam or spams and includes no links to commercial or non-commercial websites; e) Cannot have any negative effect on the honor or reputation of Benzin, its related companies and/or its directors; f) Is not contrary to any legislation or regulation or to these General Terms and Conditions, is not in violation of any third-party rights, including contractual rights, Intellectual Property Rights, privacy protection rights, or otherwise illegal vis-à-vis third parties or Benzin; and

(iii) Benzin is thus not required to make any payment, tax, levy or any withholding of any nature whatsoever or to anyone, including persons and parties whose work, design, brand or achievement are included in the User Material, including to collective rights organizations.

11.3 By using the Service, the User is required to comply with all national, European and international regulations concerning - among others, but without limitations - their activities relating to their auctions, offering, purchasing and selling Lots through the Online Platform.

11.4 The User may not process any personal data of other Users without their authorization, nor include them in a mailing list without their express authorization, or approach them for this purpose on their own initiative. The User may not use contact details of other Users for sending unsolicited communications. The User owes a directly enforceable penalty of 1000 euros (one thousand euros) to Benzin for each violation of this provision.

11.5 The User guarantees that by using the Service:

(i) They will not circumvent or manipulate the Online Platform and Benzin's billing process, by for example directly contacting other Users or third parties to pass a Purchase Contract outside of Benzin. In case of violation of this provision, all Users involved in the circumvention or manipulation will be severely required to compensate Benzin for all damages suffered as a consequence and costs incurred by Benzin, the amount of which will in all cases amount to the Buyer's commission and that of the Seller lost by Benzin, whether the Lot was sold or not;

(ii) They will not use any virus, Trojan horse, worms, bots or other software or technical means likely to harm the Service or Online Platform, or to make the Service or Online Platform inaccessible or intended to circumvent technical protection measures;

(iii) They will not do anything that may unreasonably and/or disproportionately burden the Service infrastructures and/or hinder the Service's functionality;

(iv) They will not do anything that may manipulate or undermine Benzin's review system, notably by voluntarily providing false information;

(v) They will not use any application spying on the Service and/or copying parts of the Service.

11.6 The User owes Benzin a directly enforceable penalty of 1000 euros (one thousand euros) for any violation of article 11.5 and for each day, part of day included, where such violation persists, all without prejudice to Benzin's right to recover actually suffered damage.

11.7 All technical resources necessary to use the Service, including, but without limitations, hardware and internet access, as well as the cost of their use, are entirely at the User's expense.

12. User Material

12.1 The User retains all Intellectual Property Rights on their User Material, but hereby grants Benzin a free, unencumbered, worldwide, non-exclusive, perpetual and irrevocable license to disclose and/or reproduce their User Material for all purposes it deems necessary, including – but without limitations – promotional purposes. This license does not expire when the User or Benzin deletes the User's Account and/or when the User stops using the Service.

12.2 The User grants among others to Benzin under the aforementioned license, but without exclusion, (i) the right to (have) translate(d) (automatically) the User Material, (ii) the right to have their User Material printed and/or use it in (social) media and (iii) the right to use their User Material for promotional purposes.

12.3 The User hereby waives, to the extent applicable and possible, their moral rights on the User Material.

12.4 The User accepts that their User Material may be used by other Users. Benzin does not guarantee that Users will respect these General Terms and Conditions.

12.5 The User understands and admits that they are responsible and assume civil liability for the User Material they publish on the Online Platform and make accessible using the Service.

12.6 The User understands and accepts that Benzin has no obligation to verify or examine other Users' User Material. Benzin has no knowledge of the content of such User Material and therefore declines all responsibility and/or civil liability in this regard.

12.7 If the User considers that certain User Material is illegal, they can report it to Benzin. The User will find other information here on how to make a report.

12.8 Benzin reserves the right to remove, shorten or otherwise adapt User Material from the Online Platform if it deems it necessary without having to assume any responsibility and/or civil liability regarding its content, declining any responsibility for any damage and without being required to any compensation. This Article is without prejudice to Benzin's other rights and remedies, and Benzin reserves the right to take other (legal) measures including – but without limitations – communication of the User's personal data to third parties.

13. Service Availability and Interruption

13.1 Benzin does not guarantee that the Service and all elements of the Service and/or Online Platform will be accessible at all times without interruption or breakdown. Disruptions to the Service may occur, but not exclusively following disruptions to Internet or telephone connection, or caused by viruses or errors/defects. Benzin rejects any responsibility or compensation obligation vis-à-vis the User for any damage resulting from (temporary) unavailability or (temporary) interruption of the Service and/or Online Platform.

13.2 Benzin is authorized at any time to make modifications and/or procedural, technical, commercial or other improvements to the Service and/or Online Platform without notice, to put the Service and/or Online Platform (temporarily) out of service and/or limit its use if it deems it necessary, for example in the context of reasonably necessary maintenance of the Service and/or Online Platform.

14. Intellectual Property Rights

14.1 The Intellectual Property Rights relating to the Online Platform, Service, Information and database, including - but without limitations - Intellectual Property Rights on texts, illustrations, design, photos, software, audiovisual material and other materials belong to Benzin or its licensors.

14.2 In accordance with the provisions appearing in these General Terms and Conditions, Benzin grants the User a limited, personal, revocable, non-exclusive, non-assignable under a (sub)license, non-transferable right to use the Service and consult Information in the manner and format as made available through the Service.

14.3 It is expressly prohibited to copy, disclose, use directly or indirectly for commercial purposes or for any other purpose than that cited in these General Terms and Conditions the Service, Online Platform, User Material that does not come from the User and/or Information and/or other data, except express written authorization from Benzin or the concerned rights holder for this purpose.

14.4 Except express authorization under binding law or these General Terms and Conditions, or at the request or with authorization from Benzin, the User is not authorized to decompile or proceed with reverse engineering of the Service, Online Platform and/or their source or object code(s).

14.5 Benzin may take technological protection measures for the Online Platform or Service and/or different parts thereof. The User cannot remove or circumvent these technical protection measures or propose measures in this direction.

14.6 It is prohibited to remove, make illegible, mask or modify notifications or mentions concerning Intellectual Property Rights.

14.7 Nothing in these General Terms and Conditions is intended to transfer any Intellectual Property Right to the User. The User cannot do anything that might represent an infringement of the Intellectual Property Rights of Benzin, Users and/or third parties, such as registering domain names, trademarks or Google Adwords keywords similar or identical to any sign on which Benzin and/or Users might assert Intellectual Property Rights.

16. Database

16.1 The collection of (personal) data from Users, including User Material and Information, gathered by Benzin and reproduced on the Online Platform is a legally protected database. Benzin is the database producer and therefore holds the exclusive right to grant authorization for i) extraction or reuse of all or a substantial, qualitative and/or quantitative part of the database content and ii) repeated and systematic extraction or reuse of non-substantial parts from a qualitative and/or quantitative point of view of the database content, insofar as this is contrary to normal exploitation of the database or causes unjustified damage to Benzin's legitimate interests. The User can only extract or reuse data from the database if and to the extent that this is authorized by these General Terms and Conditions.

17. Reporting Allegedly Illegal Material

17.1 Benzin rejects any responsibility for any damage related to illegal use of the Online Platform or Service. Benzin is only required, under the conditions as appearing below, to remove clearly illegal User Material after receiving such a report.

17.2 Benzin has established a procedure using which the presence of allegedly illegal User Material on the Online Platform or accessibility through the Platform and/or Service to allegedly illegal activity can be reported to Benzin.

17.3 Benzin reserves the right not to approve a request for blocking or removal of User Material, or suspension of an activity if there is any reason to doubt the accuracy of the report or the lawfulness of the provided attestation, or if this is not required to preserve its interests. In this situation, Benzin may request in this regard a judgment from a competent court, attesting that the User Material in question is clearly illegal.

17.4 Before removal of any User Material deemed illegal, Benzin may request and the notifying party must provide, additional information justifying that the notifying party is indeed the rights holder, and Benzin may request and the notifying party must provide a signed copy of an indemnification declaration for Benzin.

17.5 Benzin will in no way be a party in a dispute between the User and a third party issuing a report.

17.6 If the User issues a report, they indemnify Benzin and all its related companies, as well as its management, directors, employees, representatives and successors for all third-party claims concerning blocking or removal of User Material or cessation of activities. This guarantee also covers any damage suffered by Benzin, any damage that Benzin might still suffer or costs that Benzin must incur in the context of such a claim, including – but without limitations – legal assistance costs.

17.7 Benzin respects and protects the privacy of those who make a report. All personal information communicated to it in the context of a report will always be treated with the strictest confidentiality and may only be used for processing these reports.

18. Privacy Protection

18.1 When creating an Account, and during use of the Service, the User will provide personal data to Benzin. This personal data will be recorded and processed in accordance with Benzin's privacy protection policy (http://www.Benzin.fr/about/CGU) and applicable legislation and regulations.

19. Liability

19.1 Benzin rejects any liability for damages resulting from provision of the Service, including, but without limitations, damages resulting from or related to use of the Online Platform and/or Service, a tort or otherwise, insofar as this is authorized under mandatory legal provisions.

19.2 Benzin declines any liability for any use of services, products, applications or websites made available by a Third-party Service Provider, such as shipping and payment services and/or any problem between a User and a Third-party Service Provider. It is the User's responsibility to read the terms and conditions and/or privacy policies of these Third-party Service Providers before using them. Payment processing services for Buyers on the Online Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together, the "Stripe Service Agreement"). By purchasing on Benzin, you give your agreement and accept the Stripe Service Agreement, which may be modified by Stripe from time to time. Payment processing services for Sellers on the Payment Space are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. By selling on Benzin, you give your agreement and accept the Stripe Service Agreement which may be modified by Stripe from time to time.

19.3 Benzin can among others never be held responsible for damages possibly suffered following the conclusion of a Sales Contract by a Buyer or Seller, including – but without limitations – damage occurring following the conclusion of unfavorable contracts by the User, when Lots are for example paid more or just less than the expected value.

19.4 The only measure the User can take if they consider having suffered damage is to suspend use of the Service and delete their Account, in accordance with the provisions of article 21.

19.5 In case despite what is stipulated above, Benzin were responsible for damage for any reason whatsoever, Benzin would only be responsible for compensation of direct damages suffered by the User following a breach or tort attributable to Benzin. By direct damages, we mean exclusively material damages caused to property, reasonable costs incurred to avoid or limit direct damages and reasonable costs incurred to establish the cause of damages, responsibilities, direct damages and the mode of repair.

19.6 If and to the extent that Benzin would be responsible for damages for any reason whatsoever, its responsibilities are limited in all cases to a maximum of the following amounts: the total commissions collected by Benzin from the concerned User during the three-month period preceding the transaction that gave rise to liability.

19.7 This limitation of liability is not intended to exclude Benzin's liability for gross negligence or deliberate fault of Benzin ("own intervention") and/or its management.

19.8 To be able to benefit from any right to compensation, the User must always report damages as quickly as possible upon their first occurrence in writing to Benzin. Any compensation claim against Benzin expires solely due to the passage of a period of twelve months after the first occurrence of damages.

19.9 This Article also addresses all companies related to Benzin, as well as its management, directors, employees, representatives and successors.

20. Guarantees and Safeguards

20.1 The User is responsible vis-à-vis Benzin, and fully indemnifies Benzin for all damages and costs that Benzin would suffer or incur following (i) a breach of the General Terms and Conditions attributable to the User, (ii) an intervention by the User when using the Service or (iii) a tort. All costs incurred and damages suffered by Benzin related in any way to such claims will be reimbursed by the User.

20.2 The User guarantees that the User Material they share through the Service is neither pledged nor encumbered with any third-party Intellectual Property Rights, that it is not in violation or contrary to any third-party rights, and that its use is not otherwise illegal vis-à-vis third parties.

20.3 The User indemnifies Benzin for any third-party claim for any reason whatsoever, concerning compensation for damages, costs, interest, taxes, levies and/or withholdings related to or arising from their User Material, their use of the Online Platform, Service, and/or violation of these General Terms and Conditions and/or any third-party rights, including, but without limitations, Intellectual Property Rights.

20.4 The safeguard obligations of this Article also apply to all companies related to Benzin, as well as its management, directors, employees, representatives and successors.

21. Duration and Termination

21.1 The User has the right to suspend their use of the Service and delete their Account at any time. Benzin has the right to refuse deletion of their Account if the User is participating in an ongoing sale or still needs to fulfill certain obligations (payment or delivery for example) vis-à-vis Benzin or other Users.

21.2 If the User does not comply with these General Terms and Conditions, Benzin has the right, in addition to any other (legal) means at its disposal, to limit, suspend or immediately deactivate, entirely or in part whether temporarily or not, the User's activities related to the Service, to suspend and/or temporarily or permanently delete their Account, to issue a warning, to terminate the Service or to refuse to provide the Service to the User. Benzin rejects in this regard any responsibility or compensation obligation vis-à-vis the User.

22. Miscellaneous, Applicable Law and Competent Court

22.1 French law applies to the General Terms and Conditions, use of the Service and Online Platform, any dispute arising therefrom, except contrary provision or under binding laws.

22.2 Users acknowledge that private international law rules may result in the application (also) of law other than French law to transactions with other Users, notably to transactions with Consumers.

22.3 For any dispute between the User and Benzin, the court of first instance is competent, except if a mandatory legal provision stipulates that the dispute must be presented to another judge. Regarding Consumers, for any dispute, the court of first instance is competent, unless the Consumer opts for a court that would be competent according to law within one month after written recourse to this provision by Benzin.

22.4 In accordance with article L. 612-1 of the Consumer Code, the consumer, subject to article L.612.2 of the consumer code, has the option to introduce a request for amicable resolution through mediation, within a period of less than one year from their written complaint with the professional.

This establishment has designated, by registered membership under number 60110/LMD/2306, SAS Médiation Solution as consumer mediation entity.

To contact the mediator, the consumer must formulate their request:

  • Either in writing to: Sas Médiation Solution 222 chemin de la bergerie 01800 Saint Jean de Niost Tel. 04 82 53 93 06
  • Or by email to: contact@sasmediationsolution-conso.fr
  • Or by filling out the online form titled "Contact the mediator" on the site https://www.sasmediationsolution-conso.fr

Whatever the means of contact used, the request must imperatively contain:

  • The postal, telephone and electronic coordinates of the applicant,
  • The name and address and registration number with Sas Médiation Solution, of the concerned professional,
  • A succinct account of the facts. The consumer will specify to the mediator what they expect from this mediation and why,
  • Copy of the prior complaint,
  • All documents allowing instruction of the request (order form, invoice, payment receipt, etc.)

22.5 Benzin has the right to assign rights and obligations arising from these General Terms and Conditions to third parties, and will inform the User. If the User does not approve this assignment of obligations to a third party, they can stop using the Service and delete their Account, under the terms of article 21.

22.6 If any provision of these General Terms and Conditions is null in whole or in part or is invalid for any reason whatsoever, the User and Benzin remain bound by the remaining part of the General Terms and Conditions. Benzin will then replace the null and/or invalid part (regarding the specific User or specific situation) with valid clauses whose legal effects, given the content and scope of these General Terms and Conditions, correspond as much as possible to those of the invalid part.

23. Secure Payment

23.1 Benzin makes available to its users an automated digital platform allowing them to make payments between themselves for Lots put up for sale on Benzin.fr. This platform is developed and managed by the third-party company Stripe, and its use is therefore governed by its own Terms of Use.

23.2 The user accepts that use of the Secure Payment platform, called Payment Space, is their entire responsibility. Benzin cannot be held responsible for example for possible unavailability of the service (temporary or not) or presence of bugs.

23.3 The Buyer uses the Payment Space to make payment to the Seller first by making a bank transfer to an escrow account assigned to them. The Buyer then transfers funds to the Seller via an automated system, secured by strong authentication (SMS confirmation) compliant with market technical standards. Once the User has confirmed the transfer, the Buyer cannot go back by invoking for example a handling error or fraudulent use of their account.

23.4 The Seller uses the Payment Space to recover the Purchase Price. The Seller must provide all supporting documents requested and understands that they cannot force Benzin to make a transfer if they have not provided all necessary supporting documents.

23.5 All transactions made (including bank withdrawals) via Secure Payment are carried out in Euros (€). Any exchange commissions that the user's bank might charge them and exchange rate variations they might be impacted by during the transaction are always at the user's expense.

24. Contact

24.1 For any question concerning the Service, Online Platform or these General Terms and Conditions, do not hesitate to contact Benzin at any time:

Benzin SAS 143 rue de Meaux, 93410 Vaujours France E-mail: contact@benzin.fr

You can also send us an email through the contact form.

25. Legal Notices

Identification

"Benzin" is a Simplified Joint Stock Company (SAS) registered under number 83259040000012 with the R.C.S. Bobigny.

Registered office address: 143 rue de Meaux, 93410 Vaujours France VAT number: FR66832590400 Publication director: Anthony ALAUX