PURCHASE AND SALE ONLINE
Brand Connection is specialized in the purchase and the sale of second-hand luxury products.
Brand Connection 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 Brand Connection are second-hand products. No claim could be made by a client wishing to purchase a new product. Brand Connection works hand in hand with third party experts to guarantee the authenticity of the items offered for sale.
Article 2: Selling you product
Brand Connection 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 Brand Connection could refuse a purchase, to its own discretion. Brand Connection 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 Brand Connection) agree on the purchase amount.
There are 3 ways to contact Brand Connection 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 Brand Connection, in order to proceed to its final authentication and finalize an offer from Brand Connection. The seller can also, if he expressly requires it, receive a voucher allowing him to order a preferred product via the ordering process.
1. Online purchase
The process to purchase online is the following:
Step 1: First contact
- The seller gets in touch with Brand Connection via one of the ways mentioned above.
Step 2: Purchase proposal
- After the sending of the request, Brand Connection 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: Brand Connection 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 Brand Connection. The product will then be conveyed to Brand Connection for a final evaluation of the purchase price.
- Grounds for invalidation: Brand Connection 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 Brand Connection might validate the initial quote depending on the conformity and the authenticity of the product received compared to the description supplied by the seller.
o If compliant, Brand Connection 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.
o If no compliance,
If the product’s worth is less than the one in the quote: Brand Connection 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, Brand Connection 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 Brand Connection standards: whether the product’s authenticity is in doubt or in condition which does not correspond to the Brand Connection condition guide, in both cases Brand Connection 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, Brand Connection reserves the right to refuse the transaction.
SPECIAL CASES: Brand Connection reserves the right to return a product within a year for doubt in authenticity. This case involves pieces difficult to date due to their vintage condition, the products coming from sales to the employees and any other cases of items whose authenticity can be questioned.
- The payment of the product to the seller will be via the following means:
o Check: Brand Connection is committed to mail the check with the amount of the final quote latest 48 hours after the validation of the quote.
o Bank transfer: the seller will have to supply valid bank account information and the copy of their valid ID, so that Brand Connection 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, Brand Connection reserves the right to refuse the transaction.
Once both parties agree, the sale could not be contested and the seller could not retract.
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 Brand Connection. The seller will then get additionally to the voucher a special discount on his order.
In case of final agreement on the amount quoted, an invoice is issued with the amount paid by Brand Connection 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, Brand Connection 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, Brand Connection can also find products for its clients depending on their specific requests.
The web user lets Brand Connection know about the kind of products desired via the website.
So the client can order a product on Brand Connection 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 Brand Connection teams to look for and to find the right product based on the criteria.
Once the request has been sent to Brand Connection, 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 Brand Connection.
The provision date of the product will depend on the two following cases:
- Brand Connection 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.
- Brand Connection does not have the wished product in stock: Brand Connection experts find the product at its best price for the client and contact the client who requested it once the item is found. Brand Connection does not commit to any time limit in finding the product.
Article 4: Online and physical private sales
1. Online private sales
Brand Connection 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 Brand Connection members registered on the website.
2. Physical private sales
On the website, physical private sales could be announced. They will take place in France or abroad. These sales could be free entry or admittance by invitations only.
Article 5: Brand Connection obligations
5.1 Brand Connection is committed to authenticate all its products and to guarantee the compliance of all its items.
5.2 Brand Connection owns the products for sale on the website.
5.3 Brand Connection 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 Brand Connection 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 acceptation without reservation of the present terms and general conditions of sale. The Member will be registered and only allowed to use the Brand Connection 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 Brand Connection 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 Brand Connection 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 Brand Connection. 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 Brand Connection of the records on its servers of the use Brand Connection 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 Brand Connection website to purchase or sell these products. The Member is committed to inform without delay Brand Connection in case he would notice the online sale of these products.
6.7 Brand Connection 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 Brand Connection 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 Brand Connection 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 Brand Connection 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 Brand Connection 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 Brand Connection; 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 Brand Connection.
7.4 The Seller is committed to confirm or reverse his offer. Either way, the Seller cannot retract as soon as he has accepted Brand Connection offer.
Article 8: Buyers obligations
8.1 Brand Connection 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 Brand Connection as part of the identity check, Brand Connection 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, Brand Connection 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 Brand Connection 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 Brand Connection via email or registered letter. The claim shall be detailed and clearly state the grounds for dissatisfaction. Brand Connection 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.
Brand Connection shall act with all necessary diligence to successfully resolve the case.
Its Members shall cooperate with Brand Connection 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 Brand Connection. 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 Brand Connection. In case of numerous claims involving the same Member, Brand Connection 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 Brand Connection, 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, Brand Connection 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 Brand Connection within the deadline by registered mail or email sent to Brand Connection in the “CONTACT” section of the website. Brand Connection 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 Brand Connection response. Returns will only be considered if the seal is still attached to the bag and in its original condition. 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 Brand Connection the return product is the same as the shipped product and it has willingly been damaged, Brand Connection 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 Brand Connection 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 Brand Connection any damage suffered by Brand Connection and for any action in courts against Brand Connection on the ground of a right violation. In the case of fraud (fraudulent copy, concealment, illegal import etc...) Brand Connection 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, Brand Connection could not be held responsible for possible damage on a Member, in particular: exploitation or information loss. Brand Connection 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 Brand Connection website use, the responsibility of Brand Connection 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 Brand Connection 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, Brand Connection reserves the right to hold the Member access to Brand Connection, without prejudice to compensation of the whole damage sustained by Brand Connection.
The Seller could not invoke in that hypothesis the potential fee involved while uploading its products.
Article 12: General provisions
12.1 Brand Connection 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 Brand Connection. They will not be applied to the ongoing transactions until the date of their coming into effect. Occasionally, Brand Connection 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 Brand Connection website by his own terminal equipment of telecommunication. Brand Connection 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 Brand Connection responsible of Brand Connection 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 Brand Connection website will not involve the nullity of the whole contract.
Article 13: Personal data protection
Brand Connection 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 Brand Connection. 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 Brand Connection. 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 Brand Connection 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, Brand Connection service is complete within the jurisdiction of the Tribunal de Grande Instance de Paris.