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GENERAL TERMS AND CONDITIONS OF USE

ARTICLE 1 - PURPOSE OF THE GENERAL CONDITIONS OF USE

The Brand Collector Wholesale is a site offering to professional customers (hereinafter referred to as "the Customers") certified authentic second-hand luxury Products (handbags, accessories, jewelry, watches) (hereinafter referred to as "the Products") from professional Suppliers (hereinafter referred to as "the Suppliers").


Suppliers go through The Brand Collector Wholesale to list and sell their Second-hand Luxury Goods.


The Brand Collector Wholesale acts as an intermediary between Suppliers and Customers. All Products are sold on behalf of The Brand Collector Wholesale.


The Brand Collector Wholesale has the quality of a seller of luxury goods. Our website consists of two platforms:

  • A classic sales platform, i.e. a permanent catalog on which second-hand Luxury Products are offered for sale. This catalog can be consulted at any time by the Customers and is updated daily according to the availability and renewal of the Products.
  • An auction platform. The Brand Collector Wholesale organizes weekly auctions during which numerous pieces are put up for sale.


The present General Terms and Conditions of Use (hereinafter referred to as "the GTCU") define the conditions under which The Brand Collector Wholesale makes available to Suppliers the technological tools enabling them to sell their Products to Customers, as presented on the wholesale.thebrandcollector.com website through our platform.


They complete the General Terms and Conditions of Sale that govern the sales made between Customers and The Brand Collector Wholesale on behalf of the Suppliers, and must be accepted by the Supplier to use the services of The Brand Collector Wholesale, by means of a validation when registering on the website wholesale.thebrandcollector.com and on the occasion of each purchase made by a Customer through our platform.


ARTICLE 2 - SERVICES OFFERED BY THE BRAND COLLECTOR WHOLESALE - CATALOG AND AUCTIONS

Our permanent catalog can be consulted at any time by the Customers and is updated daily according to the availability and renewal of the Products.


  • The products are located in multiple warehouses in France, United States and Japan.

  • All items are uniquely priced and tax free, excluding shipping fees.

  • No minimum purchase is required.

  • If you are an EU customer, The Brand Collector Wholesale accepts returns if notified within 3 days of the reception of goods. The first return is free of charge and at TBC's expense. All other returns are at your expense and should be sent to the following address The Brand Collector, 46/48 rue René Clair 75018 PARIS.

  • If you are a non-EU customer, returns are not accepted.

  • Online purchases should be paid by credit card. The payment is captured within 3 working days upon confirmation of the items.

  • Purchases by quote request should be paid by bank transfer within 72h upon receiving the invoice.


The Brand Collector Wholesale organizes weekly auctions during which numerous pieces are put up for sale.


  • Auction items are owned by our partner auction houses.

  • Returns are not accepted.

  • Your participation commits you to pay for any item won within 72 hours upon receiving the invoice.


ARTICLE 3 - AUTHENTICITY AND LOGISTICS

All items are in-house authenticated by The Brand Collector before being shipped to our customers. Quality control is made in order to assure that it corresponds to the images and requirements before the shipment. A certificate of authenticity can be issued if it is requested by the customer in a format of card. If there is any doubt of authenticity, the customers will be notified.


Shipments are ensured by DHL Worldwide (covering any loss or damage). It will be shipped within 1 to 15 business days depending on the localisation of the items. Tracking number will be provided after the shipment of each parcel to the customers.


After reception of the order, if an item is proven to be counterfeit by a 3rd party authenticator, we will accept the return and refund you the cost of the item, return shipping fees and authentication fees.


ARTICLE 4 - PAYMENT TERMS

No entrance fees are required to have access to our catalog and auctions. The access to our website is free of charge and accounts are activated only for professionals with proven documents.


For any online orders, payment should be made by credit card and is captured after sale confirmation. Payment will be refund in case of sale cancellation.


For auction orders and quote request orders, you agree to pay the invoices within 72 hours upon reception. After 72 hours, TBC reserves the right to block your access to the platform.


In case of non-payment, your account will be temporarily blocked and to reinstate it, a deposit equivalent to at least 1000€, covering any outstanding invoices, is required for future purchases.


ARTICLE 5 - DISPUTES RELATING TO PRODUCTS

Customers may contact The Brand Collector Wholesale within 3 days after reception of the products and address any complaints regarding the Products ordered to the Marketplace using the messaging tool provided for this purpose by the Marketplace.


The Brand Collector sells second-hand luxury products. Therefore, the Marketplace does not accept any returns if the defect of the products is visible on the photographs presented on the website wholesale.thebrandcollector.com.


It is the Customer's responsibility to read the detailed description and photographs of the Products. No refund will be granted in the event of negligence on the part of the Customer with regard to the description of the Products.


In the event of a significant lack of conformity (the article does not correspond at all to the photographs or the description), the Customer has a period of eight (8) days from receipt of the order to formulate by e-mail any reservations or claims for non-conformity or apparent defect of the Products delivered, with all the related supporting documents (photographs in particular).


After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by the Marketplace.


Each request for return, claim or dispute will be subject to a special investigation by The Brand Collector Wholesale before any refund decision by the Customer.


As sales are concluded between the Customer and The Brand Collector Wholesale, the Customer's complaints are submitted directly to The Brand Collector Wholesale, which takes care of them personally.


The Brand Collector Wholesale shall give priority to the amicable settlement of disputes.


If the dispute is valid, The Brand Collector Wholesale is obliged to refund or return the ordered Products to the Customer.


As The Brand Collector Wholesale is only an intermediary, it has the right to claim against the Supplier in order to obtain reimbursement of the amounts it has paid to the Customer for defects in the Products, the conformity of which is the responsibility of the Supplier.


In the event of a dispute relating to the sale of a Product, the Supplier agrees that The Brand Collector Wholesale may remove the advertisement, photos and comments at its sole discretion.


It is reminded that in accordance with the regulations in force, the Marketplace offers to the Customers a mediation service for consumer disputes related to the transactions carried out through the wholesale.thebrandcollector.com website.


Mediation costs are borne by The Brand Collector Wholesale.


In the event of proven non-conformity of the Product, The Brand Collector Wholesale will refund, according to the same method of payment used at the time of purchase, the sums paid (including delivery costs) at the latest within fourteen (14) days following the date on which the Customer made his complaint.


This amount will then be deducted from the sums owed to the Supplier by The Brand Collector Wholesale.


Except in the case of non-conformity and counterfeiting of the Product, the Customer has no right of withdrawal. As soon as he ticks the box relating to the acceptance of the General Terms and Conditions of Sale before purchasing a Product or placing a bid, he can no longer withdraw.


As soon as the Supplier validates the order, the Customer is debited with the amount of the order. He can no longer retract, cancel his order or even request a refund.


ARTICLE 6 - PROTECTION OF PERSONAL DATA

Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Supplier by The Brand Collector Wholesale are necessary both to guarantee access to The Brand Collector Wholesale services and to process Product orders.


The Brand Collector Wholesale undertakes to ensure the security of the personal data it keeps for the purposes of order processing and follow-up.


The processing of information communicated through the wholesale.thebrandcollector.com website complies with the legal requirements for the protection of personal data, as the information system used ensures optimal protection of this data.


In accordance with the national and European regulations in force, and the Customers shall have the right to access, modify, rectify, oppose the portability and limit the processing of information concerning it.


This right may be exercised under the conditions and according to the terms and conditions defined on the website wholesale.thebrandcollector.com.


It is reminded that Suppliers, having no contact with Customers, do not have access to their personal data.


ARTICLE 7 - INTELLECTUAL PROPERTY

The wholesale.thebrandcollector.com site may contain images, videos, descriptive information, models and designs, illustrations and other content (hereinafter referred to as "the Content") that are protected by copyright, patents, trademarks, trade secrets and other proprietary rights and laws.


The content of the wholesale.thebrandcollector.com website is the property of The Brand Collector Wholesale and is protected by French and international intellectual property laws.


Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.


Any use, copying, modification, rental, distribution or creation of derivative works based on the contents of wholesale.thebrandcollector.com, in whole or in part, is prohibited without the express prior written permission of the Marketplace, which may require consideration.


Any use of the Content other than as permitted herein is prohibited.


The Brand Collector Wholesale has the right to use and reproduce the brands sold on the website wholesale.thebrandcollector.com.


7.1 - General Data Protection Regulations


For any processing of personal data, the Parties shall comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data "DPMR".


7.2 - Collected and processed data


In accordance with the provisions of Article 5 of Regulation 2016/679, the collection and processing of data of the Site's Internet users complies with the following principles:

  • Legality, loyalty and transparency;
  • Limited and precise purpose of collection and processing;
  • Minimization of collection and processing;
  • Reduced data retention over time;
  • Integrity and confidentiality of the data collected and stored.


In accordance with the principles of Article 6 of Regulation 2016/679, the collection and processing of data is lawful only if it meets one of these requirements:

  • the data subject has consented to the processing of his or her personal data;
  • the processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the request of the data subject;
  • the processing is necessary to comply with a legal obligation to which the data controller is subject;
  • processing is necessary to protect the vital interests of the data subject or of another natural person;
  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail, in particular where the data subject is a child.


Within the framework of the execution of the contract, one of the parties may be led to carry out a processing of personal data on behalf of another party, the latter alone determining the purposes and means of the processing. In this case, the parties will be respectively processor and controller of the processing, within the meaning of Article 28 of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.


7.3 - Customer's rights In application of the regulations applicable to personal data, Internet users may:

  • update or delete data concerning them;
  • request the deletion of personal data concerning them;
  • request their portability to another service provider;
  • oppose the processing of their data.


ARTICLE 8 - RESPONSIBILITIES

The Brand Collector Wholesale is an opaque intermediary between the Customer and the Suppliers. It is therefore liable in the event of a dispute between the Customer and the Supplier for all sales made between them.


Products are neither taken back nor exchanged by The Brand Collector Wholesale, except in cases of proven non- conformity or counterfeiting, by the Marketplace and any dispute relating to a sales transaction carried out through the Marketplace must be settled directly with it.


The Marketplace is an intermediary in the business relationship between the Supplier and the Customer and can be concerned and held liable for the Supplier's actions and behaviour in the context of its business relationship with the Customer.


However, apart from the business relationship between the Supplier and the Customer, the Marketplace is not liable for the Supplier's actions and behaviour.


The Marketplace shall only be liable to the Supplier for facts that are directly attributable to the Marketplace and that cause the Supplier direct damage, to the exclusion of any indirect damage.


The liability of the Marketplace is excluded in case of misuse of the Marketplace services by the Supplier or fault on his part. The Marketplace shall also not be liable for any events attributable to a third party.


The Supplier guarantees and indemnifies the Marketplace on first demand against any damage and against any liability claims against the Marketplace resulting from the violation of any right of a third party, including a Customer, by the Supplier, regardless of whether this damage results from the sale of Products, the Supplier's use of the services of the Marketplace or from any other circumstances for which the Supplier is responsible.


ARTICLE 9 - LEGALITY OF ACTIVITIES

The Marketplace has a zero-tolerance policy regarding illegal activities. Thus, Suppliers agree to engage in activities that must not be false, inaccurate, misleading, fraudulent or sell counterfeit or stolen Products.


The Suppliers undertake not to violate copyrights, trademarks and patents, trade secrets or other intellectual property rights.


Suppliers shall not violate any law, regulation, order or statute.


If the Marketplace suspects that the Supplier is the source of illegal activity, the Marketplace reserves the right to terminate the account.


Suppliers declare that they comply with all applicable national and international laws, statutes, ordinances and regulations regarding their use of the Marketplace.


ARTICLE 10 - PARTIAL NULLITY

If one or more stipulations herein are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations shall retain their full force and scope.


ARTICLE 11 - APPLICABLE LAW

These Terms and Conditions of Use and the operations arising therefrom are governed by French law.


They are written in French. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.


ARTICLE 12 - IDENTIFICATION – CONTACT

The information in the Marketplace is as follows:


wholesale.thebrandcollector.com designates the company THE BRAND COLLECTOR, SAS Head office address: 6/8, rue du Général Camou - 75007 Paris Share capital: 5,000 euros RCS Number: 838 614 675


Contact : hello@thebrandcollector.com


ARTICLE 13 - DISPUTES

Any dispute relating to the interpretation and/or execution of these Terms and Conditions of Use is subject to French jurisdiction.


Complaints should be addressed on the website wholesale.thebrandcollector.com.


It is reminded that any dispute or any other claim concerning the sale, the description or the delivery of the Products must be settled directly between the Customer and the Marketplace, the latter will try by any means to settle the dispute.