BrandCo Paris is specialized in the purchase and the sale of second-hand luxury products.
BrandCo Paris website is the showroom and digital support of this business. It is the platform allowing private individuals wishing to sell their products or looking to purchase.
Article 1: The Product
All the products sold and purchased by BrandCo Paris are second-hand products. No claim could be made by a client wishing to purchase a new product. BrandCo Paris works with experts reputed for their experience in vintage fashion industry to guarantee the authenticity of the items offered for sale.
Article 2: Selling your product
BrandCo Paris offers direct purchase of bags, jewelry and accessories of the high-hand French brands and reserves the right to refuse any product which does not meet the website’s criteria and the brand image. Those criteria are by nature, changing so that BrandCo Paris could refuse a purchase, to its own discretion. BrandCo Paris only purchases authentic products which are validated by experts before the final purchase. It is not a consignment website. Thus, the purchase is final subject to invoicing and payment once both parties (the seller and BrandCo Paris) agree on the purchase amount.
PROCESS:
There are 3 ways to contact BrandCo Paris in order to sell a product:
- Via the specific form established for this purpose available on the website
- Via a master record corresponding to the product the client would like to sell
- Via the information and the contact form on the website
The seller can choose to send their product to BrandCo Paris, in order to proceed to its final authentication and finalize an offer from BrandCo Paris. The seller can also, if he expressly requires it, receive a voucher allowing him to order a preferred product via the ordering process.
- Online purchase
The process to purchase online is the following:
Step 1: First contact
- The seller gets in touch with BrandCo Paris via one of the ways mentioned above.
Step 2: Purchase proposal
- After the sending of the request, BrandCo Paris will make a proposal within 48 hours. The amount will be based on an estimate of the product based on the information and photos sent by the seller. It is not a promise to purchase, and this price is proposed subject to the validation of the conformity, the condition and the authenticity of the product by our experts upon receipt of the product.
- Grounds for invalidation: BrandCo Paris reserves the right not to proceed to the purchase in case the product does not meet the company criteria in terms of: brand, condition, authenticity and price required by the seller.
Step 3: Shipping
- After written agreement of the seller regarding the amount and the purchase proposal, a carrier will collect the concerned product to the location desired by the seller. The shipping is taken over by BrandCo Paris. The product will then be conveyed to BrandCo Paris for a final evaluation of the purchase price.
- Grounds for invalidation: BrandCo Paris reserves the right not to proceed to the purchase in case the product does not meet the company criteria in terms of: brand, condition, authenticity, price required by the seller and the information supplied by the seller. The product will then be sent back to the seller at his expense.
Step 4: Validation of the quote
- After receiving the parcel, the experts of BrandCo Paris might validate the initial quote depending on the conformity and the authenticity of the product received compared to the description supplied by the seller.
- If compliant, BrandCo Paris team will contact the seller to conclusively validate the agreement and the quote. The item will be purchased either by sending a check payable to the seller, or by bank transfer (the seller will have to provide their bank account information) depending on the seller’s preference.
- If no compliance,
· If the product’s worth is less than the one in the quote: BrandCo Paris could make a counter offer to the seller if the product value is estimated below the one in the quote. After the written agreement from the seller, BrandCo Paris will purchase the product by check or bank transfer. Otherwise, the product will be sent back to the seller at his expense.
· If the product does not meet BrandCo Paris standards: whether the product’s authenticity is in doubt or in condition which does not correspond to the BrandCo Paris condition guide, in both cases BrandCo Paris will not purchase the item and will sent it back to its owner at his expense.
- Grounds for invalidation of the request: in the event of any doubt on the identity of the seller or his legitimacy to own the product, BrandCo Paris reserves the right to refuse the transaction.
Step 5: Payment
- The payment of the product to the seller will be via the following means:
· Check: BrandCo Paris is committed to mail the check with the amount of the final quote latest 48 hours after the validation of the quote.
· Bank transfer: the seller will have to supply valid bank account information and the copy of their valid ID, so that BrandCo Paris pay the seller latest 48 hours after receiving these documents.
- Grounds for invalidation of the request: in the event of any doubt on the identity of the seller, BrandCo Paris reserves the right to refuse the transaction.
Once both parties agree, the sale could not be contested and the seller could not retract.
2. Voucher
If the seller wishes it, he can get a voucher corresponding to the amount of his product, defined in the last bill to order a product to BrandCo Paris. The seller will then get additionally to the voucher a special discount on his order.
PAYMENT:
In case of final agreement on the amount quoted, an invoice is issued with the amount paid by BrandCo Paris to the seller by check or bank transfer, depending on his preference.
Article 3: The order
In addition to the purchase of products from private individuals, BrandCo Paris offers products which can be bought online on its website: products displayed on the website are for reference, showcasing the diversity of items which can be purchased. Indeed, BrandCo Paris can also find products for its clients depending on their specific requests.
The web user lets BrandCo Paris know about the kind of products desired via the website.
So the client can order a product on BrandCo Paris website two different ways:
- On a product page: the client could order a product of the model offered (non-contractual photo)
- Via the form: the client can issue a precise request by filling the form and allowing BrandCo Paris teams to look for and to find the right product based on the criteria.
Once the request has been sent to BrandCo Paris, the sale will be online. A unique product page will be created on the website for the client, allowing him to confirm its interest for this item and then purchasing the product found by BrandCo Paris.
The provision date of the product will depend on the two following cases:
- BrandCo Paris has the wished product in stock: the product page is created in the 48 hours following the request, allowing the direct purchase of the item on the website and the start of the shipping process within 5 business days.
- BrandCo Paris does not have the wished product in stock: BrandCo Paris experts find the product at its best price for the client and contact the client who requested it once the item is found. BrandCo Paris does not commit to any time limit in finding the product.
Article 4: Online and physical private sales
1. Online private sales
BrandCo Paris could offer private sales on its online platform. These sales will be specific and time limited. The clients will have the opportunity to purchase the desired products on the website from the product page only added in the private sales category. The private sales are only accessible to all or a part of BrandCo Paris members registered on the website.
Article 5: BrandCo Paris obligations
5.1 BrandCo Paris is committed to authenticate all its products and to guarantee the compliance of all its items.
5.2 BrandCo Paris owns the products for sale on the website.
5.3 BrandCo Paris is committed to keep confidential all the data regarding the Members, Sellers and Buyers and to never communicate them to another party, especially to the other Members, except in case of an expert request or legal or regulatory requirements, in case of the detection of a potential legal infraction.
Article 6: Members obligations
6.1 While registering on BrandCo Paris website, the Member has a unique login and a password which are strictly personal and that he is committed to keep confidential.
This registration implies the acceptance without reservation of the present terms and general conditions of sale. The Member will be registered and only allowed to use the BrandCo Paris website with its login and personal password.
The Member is committed not to propose to anyone else to access under his identity or login the BrandCo Paris website. If the Member allows someone else to access his identity and password, he will be the only responsible and will bear the consequences, that might result from it.
Assuming that the client will know that another person is using his login and password, the Member will inform BrandCo Paris without delay and will confirm that by mail.
6.2 The Member is committed not to choose a login which may infringe upon the right of others. For instance, the Member will not adopt a login which may infringe an intellectual property right, a registered trademark, a corporate name or any directly or indirectly personal data.
6.3 The Member is committed not to create or not to use other accounts than the one initially created, whether it is under his own identity or someone else’s. Any derogation to this rule will require an explicit demand from the Member, and an expressed and specific authorization from BrandCo Paris. Created or using new accounts under our own identity or someone else’s, could lead to the immediate delete of the Member accounts and all associated services.
6.4 In case of a dispute between members, the parties agree that the issue by BrandCo Paris of the records on its servers of the use BrandCo Paris website and particularly the personal access codes will be a proof.
6.5 The Member shall not sell, let to the sale or purchase, directly and indirectly forbidden products.
6.6 The Member shall not put on sale/or purchase, directly and indirectly forbidden products and shall not use information accessible via BrandCo Paris website to purchase or sell these products. The Member is committed to inform without delay BrandCo Paris in case he would notice the online sale of these products.
6.7 BrandCo Paris reserves the right to suspend immediately the account of a Member and to report to the authorities any purchase, any sale, or attempt of sale of forbidden products on the BrandCo Paris website.
Article 7: Sellers obligations
7.1 The Seller is committed that any offer of product corresponds to an item whose he is the sole owner, immediately available and which does not fall under the definition of a forbidden product. The Seller has to be in the possession of the product.
7.2 The Seller is committed to loyally describe the product in order it to be authenticated according to the criteria held by BrandCo Paris in its form and to put online a minimum of 5 (five) photos of the item offered on sale. The product description must match its characteristics. The Seller will mention: the product name, the product characteristics, its brand, its condition based on the BrandCo Paris condition guide. (see in sale form)
7.3 The Seller is held responsible of the proper execution of the obligation to inform the Specialist in charge of the Sale on BrandCo Paris website about the essential characteristics of the product during the expertise via the form which will be handed in. The Seller is committed to validate, check and add necessary precisions so that the description and the information in the form do match and do not mislead the Specialist.
This pre-expertise does not involve BrandCo Paris; indeed, if there is any error in the description and following the final expertise while reviewing physically the product, the Specialist could offer a different sale price that the one decided during the pre-expertise. No claim could be made by the Seller to BrandCo Paris.
7.4 The Seller is committed to confirm or reverse his offer. Either way, the Seller cannot retract as soon as he has accepted BrandCo Paris offer.
Article 8: Buyers obligations
8.1 BrandCo Paris could have to validate the identity of the buyer to a determined frequency in order to fight against possible frauds. Failing to provide the required information to BrandCo Paris as part of the identity check, BrandCo Paris could cancel the transaction started by the Buyer.
8.2 The Buyer shall respect the laws and rules related to the procurement of goods. Besides, the Buyer is aware he might have to pay the taxes and customs while procuring the goods to Seller based out of European Union.
8.3 The Seller shall possess a standardized mailbox compliant to the postal services (mailbox size, personal data of the residents…)
8.4 In case of outstanding following a fraudulent use of payment means, BrandCo Paris will apply to the Buyer administration fee of an amount of 20% of the outstanding amount. This fee might not be below 100 (hundred) euros excluding tax. The Member allows BrandCo Paris to get the outstanding including the administration fee on the escrow account of the Member.
Article 9: Claims and right of withdrawal
9.1 Any claim related to a product considered as non-compliant shall be presented within 14 (fourteen) calendar days from its delivery to BrandCo Paris via email or registered letter. The claim shall be detailed and clearly state the grounds for dissatisfaction. BrandCo Paris is committed to provide you with an answer as soon as possible and case by case any claim which will be raised and to better meet the Members’ interests.
BrandCo Paris shall act with all necessary diligence to successfully resolve the case.
Its Members shall cooperate with BrandCo Paris services and deliver the evidence necessary in processing the claim. They shall respect the modalities of processing the claims provided in what follows or communicated by BrandCo Paris. If the above is not observed, the claim will not be processed.
9.2 In case of a claim and until, the resolution of the dispute, the escrow account of the Member may be temporarily frozen by BrandCo Paris. In case of numerous claims involving the same Member, BrandCo Paris reserves the right to close the escrow account of that Member.
9.3 Non delivery of the order
9.3.1 The Seller shall wait a week after the notification of the product shipment to enter a claim for full or partial non delivery of the product.
9.3.2 A claim for full non delivery of the product ordered may lead (except in case of fraud) to the refund of the Buyer.
9.4 Non compliance
9.4.1 The sale is conditional upon the issue of an Attestation by the Sale Specialist at BrandCo Paris, stating that the product is not a counterfeit or non-compliant.
9.4.2 In case of discovery of the product defect or its non-compliance by the Specialist, the refund at the transaction price will be immediately issued to the Buyer. The Seller shall be responsible to hand in to the Specialist all documents he has to prove his good faith, if he challenged the Specialist’s judgment. The Buyer is entitled to raise any of his claim.
9.4.3 In case of the Seller bad faith is confirmed, BrandCo Paris could require the compensation of its loss before the relevant courts.
9.5 Hidden defect
In case of the discovery of a hidden defect, the Seller shall present its request as soon as possible and according the modalities set in Articles 1641 and the following in Civil Code.
9.6 The nonprofessional Seller has a withdrawal right. It can be only applied within the 14 (fourteen) clear days following the product delivery. If the deadline expires on Saturday, on Sunday or on public holiday or day-off, it is extended until the next business day. The Seller shall notify BrandCo Paris within the deadline by registered mail or email sent to BrandCo Paris in the “CONTACT” section of the website. BrandCo Paris will inform the Buyer on the modalities of product return of the Seller.
9.7 In case of claim and/or withdrawal, the product will have to be fully returned in its original packaging with all the accessories and documents, its tags and sealed in an identical or similar packaging that the shipping one, in a deadline of 7 days from the BrandCo Paris response. In all cases, the product shall be sent back in the same condition as it was shipped. The shipping costs for the return of the product will be at the Buyer’s expense except in case of non-compliance or hidden defect, costs will then be at the Seller expense. The photos to present the product, available on the website could be a reference in case of dispute.
9.8 Approval of the claim
9.8.1 In case of the product return by the Seller and approval of the refund request, subject to subsequent verification by BrandCo Paris the return product is the same as the shipped product and it has willingly been damaged, BrandCo Paris shall agree to the refund of the transaction price. This refund will be processed within 30 days from the claim date or the retraction date.
9.8.2 When a product is returned under the conditions provided by the Buyer to BrandCo Paris and the transaction price has been refunded as explained in Section 8, the Buyer gives up any property right on the product. The refunds described on Section 8 are systematically in crediting the Member account whose user and transfer conditions are explained in appendix.
Article 10: Responsibility
10.1 The Seller guarantees and will indemnify BrandCo Paris any damage suffered by BrandCo Paris and for any action in courts against BrandCo Paris on the ground of a right violation. In the case of fraud (fraudulent copy, concealment, illegal import etc…) BrandCo Paris will communicate all relevant information, included the personal data to the competent authorities in charge of fraud and infractions control.
10.2 Except in the case of gross misconduct on its part, BrandCo Paris could not be held responsible for possible damage on a Member, in particular: exploitation or information loss. BrandCo Paris could not be held responsible of a possible malfunctioning, breakdown, delay or Internet access interruption or any other events arising from its partners and suppliers.
10.3 Based on General Terms and Conditions of the BrandCo Paris website use, the responsibility of BrandCo Paris will be financially limited to the transaction price except in case of major misconduct on its behalf.
Article 11: Cancellation
11.1 The contract can be cancelled at any time by BrandCo Paris or the Member at any time without ground and by mere notification.
11.2 In case of the following non-compliance cases by the Member: put on sale of counterfeit products, opening of several accounts, payment means fraud, fraud attempt or any legal infraction, BrandCo Paris reserves the right to hold the Member access to BrandCo Paris, without prejudice to compensation of the whole damage sustained by BrandCo Paris.
The Seller could not invoke in that hypothesis the potential fee involved while uploading its products.
Article 12: General provisions
12.1 BrandCo Paris is entitled to amend the Terms and General Conditions depending on the evolution of its offer and market. Any amendment can be put into immediate effect for online offers after noticing the Members by any way chosen by BrandCo Paris. They will not be applied to the ongoing transactions until the date of their coming into effect. Occasionally, BrandCo Paris could change its code, its phone number or interrupt the service for operational reasons, maintenance or in case of emergency and force majeure.
12.2 The Member will log in to the BrandCo Paris website by his own terminal equipment of telecommunication. BrandCo Paris does not make any material, phone installation, terminal equipment or others, any software or contract available to the Member.
12.3 The personal data concerning the Members are collected, saved and stored in accordance with the provisions of the Data Protection Act of January 6th, 1978. The Members have the access right and adjustment planned by the Act to BrandCo Paris responsible of BrandCo Paris website.
12.4 In case of force majeure, the obligation of the party will be suspended, in particular:
- Government omission or higher relevant authorities
- Freeze or breakdown of telecommunication networks
- Uprising, Civil wars, wars, military operation, national or local emergency, fire, thunderbolt, explosion, strike, flooding, storm, acts from a third party.
12.5 The invalidity of one of several clauses of the Terms and General Conditions of BrandCo Paris website will not involve the nullity of the whole contract.
Article 13: Personal data protection
BrandCo Paris website is registered at the CNIL. The personal data collected during the transactions recorded are automatically processed. The recorded data are handled to meet the different online services offered by BrandCo Paris. By approving the present Terms and General Conditions, the Member accepts the data use. The Member is informed his authorization will be requested in the case of the transmission of its data to a partner of BrandCo Paris. in accordance with the provisions of the Data Protection Act of January 6th, 1978 and the Article 27 of the Act 78-17 of January 6th, 1978, the Member of BrandCo Paris has a access right, adjustment and opposition on his data on the website in the “CONTACT” section. The Member can access at any time his data and amend them if necessary in “MY ACCOUNT”, directly accessible on the website.
Article 14: Applicable law
The present Terms and General Conditions are governed by the French Law and all the contracts between the Members. Any dispute with a professional Member risen from its interpretation and/or execution shall have jurisdiction.
For any other disputes, the rules of Code of Civil Procedure will be applicable, BrandCo Paris service is complete within the jurisdiction of the Tribunal de Grande Instance de Paris.
