Find the Terms and Conditions of MarketPlace Fnac.com by clicking here and the Terms and Conditions of the Darty.com marketplace by clicking here.

Know your customer (KYC) is a process to verify the identity of a company’s customers/service providers/suppliers. KYC is used to refer to the banking regulations that govern these activities. KYC enables marketplaces to ensure customer compliance with anti-corruption laws and prevent identity theft, tax fraud, money laundering and terrorist financing.

This process is done by collecting, analyzing data, analyzing behavior and transactions, etc.

Our marketplace is subject to the obligation to ensure the identity of its customers, or to allow the payment service provider to ensure the identity of customers by collecting KYC.

This is the reason why it is required to sellers to submit to a questionnaire on our part concerning the data of the sellers when registering on our marketplaces.

The use of the Fnac Darty Service Marketplace implies for the Seller the opening of a payment account with BNP Paribas, exclusively dedicated to the collection of payments made by the Buyer to the Seller through Fnac Direct or Darty et Fils Institution which ensures such collection in its capacity as agent of BNP Paribas.

You will therefore be required during the registration process to our marketplaces to sign a Payment Account Agreement with BNP Paribas represented by Fnac Direct and Etablissement Darty et Fils in its capacity as Agent. It is specified that the opening of a payment account is an integral part of access to the marketplace service. Also, if you do not open a payment account with BNP Paribas, you will not be able to access the Fnac Darty Service Marketplace.

Repossession of a used product

As part of your Marketplace activity, we remind you that under Section 62 of the AGEC Act (https://www.legifrance.gouv.fr/jorf/article_jo/JORFARTI000041553827), which applies since January 1, 2022, if you market products from the WEEE channels (electrical and electronic waste) and AED (furniture waste), you are required to display the information, prior to the conclusion of the sale, on the conditions for taking back used products made available to the consumer under sections R.541-163 and R541-166 of the Environmental Code

As such, Fnac.com has set up a new field “My recovery conditions 1 for 1” – You can access this field in your back-office seller via: My account > My pro parameters > Regulatory data > Tab “My recovery conditions 1 for 1”.

Therefore, you agree to abide by the buyer’s request to accept the free return of used goods of an equivalent kind and size to the purchased goods.

• Recall of goods impacted by the recovery :
• Electrical and electronic equipments;
• Chemical contents and containers as of January 1^st, 2022;
• Furnishing elements as from January 1^st, 2022;
• Single-use fuel gas cartridges as of January 1^st, 2022;
• Toys as from January 1^st, 2023;
• Sports and leisure items as from January 1^st, 2023;
• DIY and garden items as from January 1^st, 2023.

Customer withdrawal

The legal period of withdrawal for the buyer is fourteen (14) days from the day after the receival of the product or the last parcel of his order.

This period extends to the next working day when it ends on a Saturday, Sunday, or public holiday. The buyer has fourteen (14) days from the receipt of the seller’s return address in France to return the product at his own expense.

Remember to inform on your return conditions. Even in cases of withdrawal, the vendor must provide a prepaid label for any product being returned outside of Europe.

The seller is free to extend this reflection period left to the buyer

There is a right of trial, and this includes any product (except under cellophane as software, DVD…). The buyer has the right to plug in the device and test it.

For further explanations, we invite you to consult the Article 4 of the Fnac Darty Terms and conditions

1. Product receipt dispute

Unless proven otherwise, our seller partners bear full responsibility. Since the carrier is not considered a third party to the contract, follow-up cannot be considered evidence for the carrier because it would be for themself.

Whether the package has tracking or not, the customer’s signature is the sole proof of proper execution which could act as an opposition to the customer. Follow-up does not equate to an acknowledgement of safe delivery by the customer.

Nevertheless, the Buyer must send you a sworn statement which stipulates that he never received the parcel in question.

We would like to remind you that seller partners are required to get transportation insurance.

Also, we only apply the code of consumption (Contract Btoc) which means that if the Customer has not issued a complaint on the delivery slip but has manifested themself within a reasonable time (less than 72 hours after delivery), our sales partners must take charge of the complaint and carry out, as a minimum, a product evaluation at no cost to the buyer (analysis of the delivery note, product photos, packaging) as provided for in the Case Law.

Legal warranty of conformity

The GLC is valid for two (2) years after the product is delivered, regardless if the product is brand-new, used, or refurbished. As a result, our vendor partners respond to any conformity issues arising from new or used products within two years of the product’s delivery.

You are responsible for the compliance of the repair, whether it is done with a third party or the brand. The buyer is entitled to refuse a direct takeover by a third party, and require the takeover by the seller.

The application of the GLC must be free of charge to the Buyer and applies to all products, namely major parts, accessories, consumables.

⚠ You must refund the buyer if you are unable to bring the product into compliance within thirty (30) days. If you do not intervene within this period, FNAC reserves the right to refund the buyer on your behalf.

• For all orders closed since January 1, 2022:

• Any product repaired under the legal warranty of conformity will benefit from a 6-month warranty extension.
• No guarantee can be refused on items sold as second-hand goods before the 13th month (as opposed to the previous 7th month). From the 13^th month, the seller may request proof from the customer that the defect existed earlier. (This assumption does not prevent the seller from offering an additional commercial warranty.)
• Any product immobilization under the GLC suspends the remaining warranty period until the product is delivered in good condition.
• The legal warranty of conformity is extended for a further two years starting from the date the item was replaced if the customer requests repair, but the seller insists on replacement.

Any claims of non-conformity must be made following a product analysis by the seller or any party qualified to make such claims. With the use of an expertise—which the seller may do internally—he can provide proof that the claim is false.

As part of the new European VAT regulation, called EU Directive 2017/2455, we inform you that it is not implemented with the exact same rules in each EU countries.

The rules explained in the present document are the rules applying to internet sales to French customers. Please note that France has applied new VAT rules beyond the EU Directive rules.

On July 1st 2021, marketplaces will collect VAT instead of non EU vendors and non EU shipped goods: marketplaces will thus retain VAT amount from vendors (at the same time as the MP commission).

The order process and communication between marketplaces and vendors will be modified in order for marketplaces to gather accurate information on the place of departure of goods (place from where the goods are shipped). The accuracy of the data provided by vendors for each order to FNAC DARTY marketplaces will be vital.

New VAT Directive – Directive 2017_2455

DAC 7 is an EU tax directive that has been transposed into French law under articles 1649 ter A to 1649 ter E of the French tax code, that requires online plateforms to report information about its sellers’ sales and earnings to French tax Authorities and to collect information from sellers that uses its services.

This legislation started on 1 January 2023, and reporting must be completed each calendar year. The first report is due on 31 January 2024.

Below you will find all the information that Fnac.com and Darty.com must collect as part of the DAC 7 declaration, the changes made to the fields “Permanent establishment in the EU”, “Intra-community VAT number” & “Bank details” as well as the actions to be carried out by the seller as of today :

Therefore, we kindly ask you to provide these elements on your personal account if you have not yet provided them as soon as possible.

Please note that where a seller does not provide the information required above after two reminders following the initial request by Fnac.com and Darty.com, but not prior to the expiration of 60 days, Fnac.com and Darty.com shall close the account of the seller and prevent the seller from re-registering on the platforms.

New energy label :

In accordance with European regulations, since 1 March 2021, the label energy and the CE card must be put in the new format on the product sheets of the following categories:

• Washing & washing machine drying
• Dishwasher
• Refrigerators & freezers
• Domestic wine cellars
• TV and screen
• Bulbs & LEDs

As such, we remind you that all new energy labels must be updated and any product creation for the above product families must incorporate the new energy label. The same applies to the energy class to be entered:

Energy Class – Value field

Since 1 January 2019, suppliers (manufacturers, importers or representatives established in the EU) must register their products in the European Register of Energy Labelling of Products (EPREL). Find energy labels in the official European database on the Eprel website. CTA at https://eprel.ec.europa.eu/screen/home

Here is a summary of the energy labels to be filled in according to the product categories :

Since 1st January 2021, the mandatory display of the repairability index, making it possible to inform consumers about the repairability of the products concerned, is instituted by Article 16-I of Law No. 2020-105 of 10 February 2020 on the fight against waste and for the circular economy, for the following families of electrical and electronic products:

• Smartphones
• TV sets
• Hublot washer machine
• Laptops computers
• Electric lawn mowers

And new categories subject to the repairability index since November 4, 2022:

• Top washing machines

•Dishwasher
• Vacuum cleaner (including aquarium, garden and pool vacuum)
• High pressure cleaners

To enable you to comply, a «Repairability index» field must be filled in in the «Characteristics» of the product sheet on Fnac and Darty marketplaces :

You must then attach the repairability scale in the defined visual field:

Unit addition via Mirakl Catalog Manager:

Adding via mass template:

Finally, it will be asked to you to indicate the period of availability of spare parts on all products:

– If you have previously created product sheets on our Marketplaces, we will request to update your catalogue by completing this information in “Characteristics” for all product families cited above.

– For any creation of a new product sheet for the families concerned, we invite you to systematically fill in this information in the field planned at the level of “Characteristics”.

To find all the information and access to the notes on the CTA My Repairability Index site to the website https://monindicedereparabilite.fr/home

Smartphone DAS :

Decree No. 2010-1207 and Decree of 12 October 2010 on the display of the specific absorption rate of radio terminal equipment make mandatory the display of the local SAR head of mobile phones at all places of sale to the public and in any publicity.

We therefore thank you for complying with the regulations in force and your obligations with respect to the repairability index and new energy standards. Otherwise, we reserve the right to take all appropriate measures provided for in the Seller Terms of Use of our Marketplace.

The Darcos law aimed at strengthening fairness and trust between players in the book sector and supporting its economy will come into force on October 4, 2023. This law imposes the setting of a minimum price of €3 on book deliveries for new books up to €35 by order and 1 cent minimum by order beyond €35.

Details on the application of these regulations:

• The minimum rate for shipping charges applies to deliveries made to the buyer’s home or collection point, but is not applicable to books withdrawn from a book retail business.
• These shipping costs must be applied to all customers, including members of a loyalty program. They are applicable to all new books sold in France, regardless of whether they are French or foreign books.
• They also concern mixed parcels: concretely, orders including a book and another product do not escape these shipping costs.

In order to comply with Darcos Law, Fnac Marketplace will activate, from October 7, 2023, two new logistics categories Book_A (for books <250g) and Book_B (for books >250g) dedicated to books applying a minimum shipping cost of €3 for all new book orders.

How to use these two new logistics categories?

• For existing new book offers : these offers will be automatically reclassified into the new Book_A and Book_B categories.

• BOOK_A and BOOK_B management rules for any new book offer :

o Personalized shipping costs cannot fall below €3
o Impossibility of changing the default logistics category on new book offers
o No free shipping option

• For any used book offer : these offers will be automatically reclassified into the new Book_A and Book_B categories.

o Possibility of using a personalized category with shipping costs less than €3 or even equal to €0
o Possibility of putting a “free shipping” promotion
o Possibility of checking the “free shipping” box

We also remind you that, in accordance with the update of our Terms & Conditions for Vendors – Article 4.3 – Obligations relating to the price of Products, the price of the book is set under the conditions provided for by the Lang law of August 10, 1981. 

Sellers must comply with the «Omnibus» regulations when they make a price reduction on their offers. For more details, see the provisions of article L.121-1-1 of the Consumer Code. The Act states that “Every advertisement of a price reduction shall indicate the previous price charged by the professional before the price reduction is applied.”

This means that since 28/05/2022 sellers must indicate the lowest price in the last 30 days when they announce a price deduction on an offer and the discount must be applied to this «previous» or «reference» price.

The Ministry of the Interior specifies that promos must remain marginal:

https://www.demarches.interieur.gouv.fr/particuliers/soldes-promotion-reduction-liquidation

To learn more about Omnibus law enforcement click here

If the answers provided do not answer your question, contact us via our contact form by clicking here.

If the answers provided do not answer your question, contact us via our contact form by clicking here.

For any concerns about your own API feeds, contact our API Team at the following address: Marketplace.api@fnacdarty.com