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Terms of service

Last updated: May 2024

BACK MARKET Inc., a Delaware corporation, headquartered at 41 Union Square W, 2nd Floor, New York, NY 10003 (hereinafter referred to as “BACK MARKET”, “us”, “we” or “our”), operates a platform that aims to put Buyers in contact with professional Sellers of Products on https://pro.backmarket.com (“the Site”).

The purpose of these Terms of Service (T&Cs) is to define (i) the rules applicable to access the Platform and use the Services offered on the Site and (ii) the conditions of sale that apply between a Buyer and a Seller for the purchase of Product(s) on the Site.

BY CLICKING THE “SUBMIT” BUTTON OR BY ACCESSING OR USING THE SITE IN ANY WAY, YOU: (A) AGREE TO THESE TERMS, THE LIMITED WARRANTY POLICY, AND THE BACK MARKET PRIVACY POLICY ; (B) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BACK MARKET; AND (C) YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND LEGALLY BIND THE COMPANY ON BEHALF OF WHICH YOU ARE CREATING AN ACCOUNT AND USING THE SITE. THE USE OF THE TERMS “YOU” AND “YOUR” APPLY TO YOU PERSONALLY AND EQUALLY TO THE COMPANY YOU ARE REPRESENTING OR USING THE SITE ON BEHALF OF. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

These Terms are subject to change by us at our sole discretion. Any changes to these Terms will be communicated by posting an updated Terms of Service on the Site and by email to the email address associated with your account or electronic message sent by Back Market. Your continued use of the Site will constitute your acceptance of and agreement to such changes. It is your responsibility to review these Terms each time before accessing the Site or purchasing any Products that are available through the Site. You should also carefully review our Back Market Privacy Policy before accessing and using the Site or placing an order for Products through the Site.

1. Definitions

1.1. The following capitalized terms, when used in these Terms, unless expressly stated otherwise, shall have the meanings set forth below:

  1. “Accessories” means any items, which perform an additional capability or feature for a Device, that are sold in addition to or separately from the Device.
  2. “Business Day” means any day except any Saturday, any Sunday, or any day which is a federal legal holiday or any day on which banking institutions are authorized or required by law or other governmental action to close. The definition of a business day varies by region.
  3. “Buyer” means an individual or entity established in or resident of the United States acting within the course of its business, trade or commerce, who desires to purchase goods from the Seller through the Site. Back Market Pro service is not available to buyers acting for their private or personal use. 
  4. “Copyright Agent” means an employee of Back Market or Back Market who serves as the point of contact for all copyright-related issues.
  5. “Device” means a piece of mechanical or electronic equipment.
  6. “End User” means the Buyer of goods from the Seller through Back Market.
  7. “Inventory” means the goods and materials that the Seller holds for resale.
  8. “Back Market Content” means all information, media, data, software, text, photographs, graphics, user interfaces, music, videos, tags, trademarks, logos, artwork and other content on the Site, excluding Seller Content and including the Charter and Inventory and order management sheets. 
  9. “Back Market Technology” means all technology, works of authorship, ideas, inventions, know-how, expertise, software associated with the Back Market Services and the Site.
  10. “Order” means a request by the Buyer to purchase a specific Product sold by the Seller on Back Market.
  11. “Parts” means individual components of a Device, which may be sold in addition to or separately from the Device.
  12. “Product” means any goods, including but not limited to Devices, Accessories, Parts, and Software, which the Seller has listed on Back Market and Back Market for potential sale.
  13. “Seller” means any professional established in or resident of the United States which offers to Buyers Products for sale on the Marketplace
  14. “Seller Content” means any information that may assist potential Buyers in assessing the Product, including but not limited to: product descriptions, images, quantities, quality and shipping information.
  15. “Software” means the programs and other operating information used by any computer or Device.

2. Back Market Pro Service

2.1 Back Market provides a marketplace that allows the offering, selling and buying refurbished Products for businesses. 

2.2 BACK MARKET acts as an intermediary and is in no case the Seller or reseller of Products. BACK MARKET is therefore not responsible for Products sold via the Site. 

3. General Use of Site and Content

3.1 Provided that you are in compliance with these Terms, Back Market grants you a limited, non-transferable, non-exclusive and personal right to access and use the Site in accordance with these Terms. Such access and use is subject to any instructions provided by Back Market.

3.2  You undertake that you will not (i) harass the Site’s other users, (ii) make disparaging, slanderous, defamatory, false, misleading, inaccurate, discriminatory or racist remarks or comments on the Site, and more generally, that they will not make any comments contravening applicable laws, rights of other individuals and/or public order, (iii) obtain information about other users, either manually or using automated methods, (iv) access personal accounts belonging to other users, or (iv) attempt to jeopardize the functioning of the Site. 

3.3  You acknowledge that all the elements contained on the Site, including, but not limited to, texts, comments, illustrations, images, sound elements, company names, brands and other distinctive signs, as well as elements composing the Site, such as databases and any underlying technology (hereinafter, the “Elements”) are potentially protected by intellectual property rights, such as copyright, trademark, etc. Consequently, you acknowledge that the following are strictly prohibited: 

  • Any reproduction, representation, modification or adaptation of the Marketplace and / or all or part of the Elements without Back Market ’s prior written consent.
  • Any use of the Elements for commercial or professional purposes without Back Market ’s prior written authorization. 
  • Any use of software, devices, scripts, robots or any other means or process (including crawlers, browser plug-ins, or any other technology) aimed at performing “web scraping” on the Site. 

3.4. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms.

4. Buyer Registration

4.1. In order to access and use services on the Site, including the purchase of Products through the Site, you must create and maintain an account (“Account”). The present Terms must be unreservedly accepted by you. You shall take care to read these Terms. These Terms can be downloaded from the Site so that you can keep a copy and refer to them as necessary.

4.2. You represent and warrant that the information you provide in the registration process is current, accurate and complete and that you will maintain this information as necessary to remain current, accurate and complete. You acknowledge that, if any information provided by you is not current, accurate and complete that we may suspend, limit or terminate your Account and/or your access to the Site and, where determined appropriate in our sole discretion, report you to appropriate authorities. The information shall notably include your name, address, taxpayer ID, EIN, TIN, VAT number, or similar tax identification number depending on your country of establishment, form of ID for authorized person (driver’s license, state ID, or passport) and principal place of business. You acknowledge that Back Market is entitled to transfer to you any additional taxes, charges, fees, interest or penalties that Back Market may suffer  due to incorrect, incomplete, inaccurate or obsolete information provided by you. 

4.3. You are responsible for maintaining the confidentiality of your Account information, including your username and password, and for all activity that occurs under your Account. Only the registered Buyer is authorized to use the Site with his/her username and password and the Buyer agrees not to allow access to the Account by any other person. You agree to notify Back Market immediately of any unauthorized use of your Account or password, or any other breach of security. You represent, warrant and agree that a) your use of the Site is for business purposes only; and b) the address you provide when registering is the principal place of business of your business entity.

4.4. When you purchase a Product on the Site through your Account you will be considered a Buyer. The Buyer agrees to comply with all applicable laws, regulations, and taxes relating to the purchase of Products. 

4.5. Back Market may limit, restrict, suspend or terminate immediately your access to the Site and your Account if you have refused an update to these Terms and/or if you have breached your obligations imposed by these Terms, including without limitation: (1) attempts to circumvent any software security features, (2) suspected or actual violation of these Terms including the documents referenced, (3) suspected or actual copyright infringement, (4) requests by law enforcement or other government or regulatory agencies, and/or if the User has been inactive. Back Market may also close a client account without cause, with reasonable prior notice

5. Posting Feedback

You agree that the submission of any ideas, suggestions, documents, reviews, comments and/or proposals to Back Market through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Back Market has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. By submitting Feedback, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Back Market in its sole discretion; and (b) you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or violates third-party contractual obligations to maintain privacy or confidentiality. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Back Market a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.

6. Ordering a Product on the Site

6.1. These Terms of Service must be accepted without reservation by each Buyer prior to ordering any Product(s). 

6.2. Sellers are fully and solely liable for (i) the veracity and completeness of (a) the information provided in the seller sheet and (b) the Product description in the product sheet, as well as (ii) the Product’s full compliance with their description in the product sheet. The price of the Product(s) is fixed freely by the Seller. 

6.3. When ordering, the Buyer selects the Product(s) they wish to purchase. The Buyer must click “Buy”, and then must provide the required information when prompted (desired delivery address, payment method, etc.). The amount of sales tax and service fees applicable to the Product(s) appear in the final basket before the Buyer confirms the payment. 

The contract of sale of Product(s) are concluded when the Buyer is charged the amount of their order.  Orders made by a Buyer are independent of each other and if an order contains several Products, each Product order is independent from the other. 

6.4. The order may be canceled by Back Market or the Seller for a legitimate reason, including: 

  • an obvious mistake in the Product(s) and/or the price (e.g., a pricing error or any other error regarding an essential characteristic of the Product(s)); 
  • a claim regarding payment of the order; and/or 
  • the creation of multiple users accounts or a fraudulent use of the Site

7. Price and Payment Terms  

7.1. All prices, discounts, and promotions listed on the Site are subject to change without notice. The price charged for a Product will be the price advertised on the Site at the time the Order is placed, subject to the terms of any promotions or discounts that may be applicable. Price increases will only apply to Orders placed after the time of the increase. Unless otherwise specified, posted prices do not include shipping and handling or insurance. The price charged will be clearly stated in your Order confirmation email. Back Market disclaims all responsibility for pricing, typographical, or other errors and Sellers may correct any such errors and to cancel any Orders arising from such errors.

7.2. The Buyer must click “Check Out”, and then must provide the required information when prompted (desired delivery address, payment method, etc.). The amount of sales tax appears in the final basket before the Buyer confirms the payment and the Buyer shall pay the total price indicated including as the case may be the sales tax. Back Market’s payment service providers collect payments in the name and on behalf of the Sellers and of Back Market and ensure security of the transaction.

If the Buyer intends to make a tax-free purchase  in application of a sales tax exemption status, all exemptions will be reviewed, based on the Buyer’s exemption certificate, or any other additional information or documentation that Back Market may require, and approved by us at our discretion and in accordance with applicable laws. Therefore, Buyers intending to make a tax free purchase shall provide Back Market with their tax exemption and any other additional documentation that may be required by Back Market to approve their status. 

7.3. Payment must be received prior to shipment of the Product.  

7.4. When your Order is confirmed, if payment is not received within forty-eight (48) hours, the Products are no longer guaranteed to be available for purchase.

7.5. Upon Shipping of the Product(s), Back Market shall make available to the Buyer a receipt including notably the designation of the Product(s), the price and quantity, the sales tax amount. 

8. Shipment and Delivery

8.1. The Seller will include the shipping fee in the Product listing price. Once you have provided payment, the Seller will have two (2) Business Days to share an estimated delivery date. In all cases, the shipping times cannot exceed a maximum of 15 days, unless agreed upon or requested by the Buyer.

8.2. In the event that Product(s) are damaged in transit (damaged or opened package / missing or damaged Product(s)), the Buyer shall make all possible reservations upon delivery of the Product(s). BACK MARKET ALSO ASKS THE BUYER TO FILE A COMPLAINT WITHIN THREE BUSINESS DAYS ONCE THE PRODUCT(S) HAVE BEEN RECEIVED. 

8.3. Title to the Product(s) is transferred when the price is paid by the Buyer and delivery is complete, i.e., when the ordered Product(s) have been physically delivered to the Buyer or any third party designated by the Buyer.

9. Returns and Refunds

Returns and refunds will be made in accordance with the Back Market Warranty Policy available on the Site. Returns are not accepted for buyers' remorse.

10. Communication with the Seller 

10.1 . Communication via the Site. The Buyer and the Seller agree to only communicate via their respective accounts on the Site. 

10.2  BACK MARKET is not liable for the Product(s) or their sale. However, BACK MARKET may get involved if a Buyer encounters difficulties with a Seller to communicate to Seller the Buyer’s claim and to follow-up with the Seller. 

11. Indemnification

You agree to defend, indemnify and hold harmless Back Market and its affiliates, officers, service providers, other End Users, distributors, licensors, officers, directors, agents, partners and employees from any loss, costs, liabilities, claims or demands, including reasonable attorneys’ fees, made by any third party arising out of or related to (a) your violation of these Terms; (b) your End User Content; (c) your use of or inability to use the Back Market Site; or (d) your violation of any applicable laws, rules or regulations. Back Market reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Back Market in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, this Agreement or your access to the Site.

12. Force Majeur 

Back Market shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, pandemic/disease outbreak, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

13. Liability 

13.1. Concerning the Services.

BACK MARKET will make every effort to ensure that the Services and the Site are available. BACK MARKET reserves the right to suspend or limit access to the Services and the Site to carry out repairs, maintenance operations, and/or add and/or develop a function and/or a Service. BACK MARKET may not be held liable for any damage suffered by a User due to their inability to access or use all or part of a Service or the Site. 

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THEIR USE OF THE SERVICES IS AT THEIR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WITH REGARDS TO THE SERVICES, BACK MARKET EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BACK MARKET MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE AND THE SERVICES WILL MEET USERS’ REQUIREMENTS; (2) USERS’ USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) ANY ERRORS WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT THE USER’S OWN RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, THEIR COMPUTER SYSTEM AND ANY DEVICE USED TO ACCESS THE SITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. BACK MARKET MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, AND OTHER CHARACTERISTICS OF SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BACK MARKET OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FROM TIME TO TIME, BACK MARKET MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH THEIR USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT BACK MARKET’S SOLE DISCRETION. THE PROVISIONS OF THIS ARTICLE APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS. BACK MARKET USES THIRD PARTY SERVICES, NAMELY TO ALLOW THE SITE TO FUNCTION. THE USER ACKNOWLEDGES AND AGREES THAT BACK MARKET IS NOT LIABLE, AND THE USER AGREES NOT TO SEEK TO HOLD BACK MARKET LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH THE USER. 

13.2. Concerning the Products. 

BACK MARKET is not the Seller or reseller of Products and acts solely as an intermediary. The Seller thus assumes full responsibility with regard to the Product(s) they offer for sale through the Site, in particular regarding warranties that, according to the laws and regulations, rest with the Seller or manufacturer. BACK MARKET MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH PRODUCT(S), OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION RELATED TO THE PRODUCT(S) OBTAINED THROUGH THE SITE. 

13.3. Disclaimer. 

USERS UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BACK MARKET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT BACK MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, While BACK MARKET engages and supports SELLERS on our website in achieving the highest level of quality control over the Product(s) they sell, BACK MARKET DECLINES ANY RESPONSIBILITY RELATING TO THE SALE CONCLUDED BETWEEN 9 THE SELLER AND THE BUYER ON THE SITE. THUS, THE BUYER RELEASES BACK MARKET FROM ANY LIABILITY THAT MAY ARISE IN CONNECTION WITH THE EXECUTION OF THE SALE, IN PARTICULAR AS REGARDS THE CONFORMITY OF THE PRODUCT(S), THE DESCRIPTION AND THE CONFORMITY OF THE OFFER OF SALE, THE AVAILABILITY OF THE PRODUCT(S), THE PRODUCT(S) SAFETY, THE PRODUCT(S) OWNERSHIP AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. BACK MARKET IS ONLY LIABLE FOR DIRECT DAMAGES EXCLUSIVELY ATTRIBUTABLE TO A CONTRACTUAL FAULT BY BACK MARKET. 

13.4. Limit on liability. UNDER NO CIRCUMSTANCES WILL BACK MARKET’S LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY THE BUYER THROUGH THE SITE IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

14. Procedure for Making Claims of Infringement

It is Back Market’ policy to terminate the privileges of any End User who repeatedly infringes copyright upon prompt notification to Back Market’ by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, their agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Back Market’ Copyright Agent for notice of claims of copyright infringement is as follows: Legal Department,, BACK MARKET, 41 Union Square W, 2nd Floor, New York, NY 10003.

15. Electronic Communications 

The communications between you and Back Market use electronic means, whether you visit the Site or send Back Market emails, or whether Back Market posts notices on the Site or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Back Market in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures and other communications that Back Market provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Back Market is not responsible for any electronic communication missed or lost by the Seller. The foregoing does not affect your statutory rights, including but not limited to your rights under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq.

16. Export Control and Sanctions

You may not use, export, import or transfer the Site or any related software or services except as authorized by U.S. law and any other applicable laws. In particular, but without limitation, the Site including any software or related services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, you represent and warrant that you, any person controlling or controlled by you, any person having a beneficial interest in you, or any person for whom you act as agent or nominee in connection herewith are not an individual or entity, country or territory, that is named on a list issued by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), or an individual or entity that resides, is organized or chartered, or has a place of business, in a country or territory subject to OFAC’s various sanctions/embargo programs. You also will not use the Site including any software or related services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that Products, services or Back Market.

Technology provided by Back Market is subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export or transfer Back Market Products, services or Back Market Technology, either directly or indirectly, to any country in violation of such laws and regulations. 

17. Anti-Money Laundering

The operations of Back Market and its subsidiaries in connection with any payment for goods or services purchased from Back Market are and have been conducted at all times in compliance with all applicable financial recordkeeping and reporting requirements, including those of the Bank Secrecy Act, as amended by Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), and the applicable anti-money laundering statutes of jurisdictions where Back Market and its subsidiaries conduct business, the rules and regulations thereunder and any related or similar rules, regulations or guidelines, issued, administered or enforced by any governmental agency (collectively, the “Anti-Money Laundering Laws”). 

17.1. You certify that you are not (i) a resident in, or organized or chartered under the laws of (A) a jurisdiction that has been designated by the Secretary of the Treasury under the USA PATRIOT Act as warranting special measures and/or as being of primary money laundering concern, or (B) a jurisdiction that has been designated as non-cooperative with international anti-money laundering principles by a multinational or inter-governmental group such as the Financial Action Task Force on Money Laundering (“FATF”) of which the United States is a member; (ii) a financial institution that has been designated by the Secretary of the Treasury as warranting special measures and/or as being of primary money laundering concern; (iii) a “senior foreign political figure,” or any “immediate family” member or “close associate” of a senior foreign political figure, in each case within the meaning of Section 5318(i) of Title 31 of the United States Code or regulations issued thereunder; or (iv) a prohibited “foreign shell bank” as defined in Section 5318(j) of Title 31 of the United States Code or regulations issued thereunder, or a U.S. financial institution that has established, maintains, administers or manages an account in the U.S. for, or on behalf of, a prohibited “foreign shell bank.”

17.2. You certify that as a condition of doing business with Back Market, that you (and all of your employees and agents) shall comply with all the Anti-Money Laundering Laws in connection with any transaction, transfer, deposit, advance, or payment for goods or services provided by Back Market. 

17.3. You certify that any payment or transfer of funds to Back Market for goods or services is not in violation of U.S. or foreign currency laws. 

17.4. You agree that you shall not make any payment or transfer of funds into Back Market’ account in cash or any form of cash equivalent (e.g., personal check, cashier’s check, certified check, Western Union, Moneygram, AMEX/ traveler’s check). 

17.5. You agree to strictly adhere to Back Market’s payment policies and procedures. Any change in payment method must be approved in writing by Back Market before any order is fulfilled; noncompliance shall result in the cancellation or delay of any pending order.

17.6. You acknowledge and agree that payment by any means except as pre-approved is subject to rejection by Back Market in its sole discretion, and that Back Market may file appropriate reports of such transactions with the U.S. Department of the Treasury and other governmental agencies.

18. Confidentiality & Disclosure Obligations

18.1. Principle: The Seller, the Buyer, and Back Market each undertake to keep strictly confidential any document, data, any commercial, legal, tax and/or technical information of which they became aware or to which they had access in the framework of the performance of the provision of the service or of the sales contract as regards to Buyer/Seller relationship (the “Confidential Information”). As a result, all Confidential Information communicated between the parties will be kept by the recipient in the same manner as they keep their own Confidential Information. Each party shall ensure that this confidentiality obligation will be complied with by all of their employees, sub-contractors or any other person involved in the performance hereof. 

18.2. Information that (i) falls within the public domain or is known to the general public or to an informed public or that is already known to the recipient, and/or (ii) is voluntarily communicated to third parties by the Party that it concerns without that

Party imposing a confidentiality obligation on such third parties, is not considered to be confidential. If a party wishes to provide Confidential Information to any person other than authorized persons, they must first (i) request the express authorization of the other party, which may refuse such communication without having to justify their refusal, and (ii) if the other party gives their authorization, obtain a strict confidentiality undertaking from the person to whom they wish to communicate the Confidential Information .

18.3. Exceptions:

  • Disclosure to affiliate companies: As an exception to the foregoing, the parties agree that they may disclose to the affiliate company of the other party Confidential Information concerning such other party.
  • Legal, regulatory or judicial obligations: each party may disclose Confidential Information to the extent such disclosure is required by a valid order or request of a court or other governmental body having jurisdiction (including tax administration).

19. Dispute Resolution

If any claim or dispute should arise with respect to any matter relating to these Terms or other documents referenced herein, the claim or dispute that cannot be resolved by small claims court shall first be resolved by mediation or binding arbitration pursuant to the Commercial Mediation Rules of the American Arbitration Rules of the American Arbitration Association in the state of New York or virtually. If parties are unable to come to a solution through mediation or one of the parties does not respond to legal demand or requests for resolution through mediation, parties will proceed with binding arbitration by one arbator through the American Arbitration Association. 

20. General

No delay or failure to take action under these Terms shall constitute any waiver by Back Market of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of Back Market' successors and assigns. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. Back Market may freely assign these Terms without consent or notice. These Terms do not and are not intended to confer any rights or remedies upon any person or third party other than you. You acknowledge that Back Market is entitled to subcontract any of its contractual obligations related to the provision of services described herein to third parties selected by Back Market. These Terms do not create any relationship of subordination, mandate, silent partnership, joint venture or any employer/employee or franchisor/franchisee relationship between Back Market and you. These Terms constitute the complete and exclusive agreement between Back Market and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.