Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR VENDORS

Version in force from 07/08/2023

LEGAL INFORMATION

RESEE is a simplified joint stock company with capital of €59,020.00, which is registered on the Paris Trade and Companies register under number 791 355 100, with its registered office at 48 bis Avenue Kléber – 75116 Paris (hereafter ‘RESEE’), which publishes the Website which is accessible at the address https://www.RESEE.com (hereafter the ‘Website’).

Intra-community VAT number: FR12791355100

E-mail: [email protected]

Telephone number: 0175429440

Codirectors of the publication: Mesdames Sofia Bernardin and Sabrina Marshall

Website Host: HOST ME / Phone number : 05 33 52 07 94

INTRODUCTION:

RESEE is the owner of a selling and purchasing platform which specializes in the trade of “second-hand” or “luxury” fashion products (hereafter the “Products”), accessible at the website https://www.resee.com (hereinafter referred to as the ‘Website’).

These General Terms and Conditions for Vendors (hereinafter referred to as the “General Terms and Conditions”) apply to any Vendor, whether professional or non-professional, who wishes to offer his or her Products for sale through Website as intermediary.

By using the Website and the Services proposed by RESEE, the Vendor unreservedly accepts these General Terms and Conditions as well as the Confidentiality Policy and the general conditions of the payment service provider in Appendix 2 which are fully enforceable against any Vendor.

PRELIMINARY ARTICLE– DEFINITIONS

“Purchaser(s)”

Means any person, either a consumer within the meaning of the Consumer Code or acting in a professional capacity, who purchases Products on the Website.

‘Commission(s)’

Means the remuneration received by RESEE as payment for the Services proposed in accordance with article 11 of these General Terms and Conditions.

“General Terms and Conditions”

Means these General Terms and Conditions which govern the methods of using the Website by Users in order to sell Products through the intermediary of the Website.

“Client(s)”

Means any physical person or legal entity who registers on the Website in order to use the Services offered on the Website and in particular to offer Products for sale on the Website.

“Client Account”

Means the interface which is accessible from the Website which any User must create in order to use the Services offered by RESEE on the Website.

“Product Sheet”

Means the description of the Product which is given by RESEE on the Website based on the information supplied by the Vendor for each of his or her Products.

“Identifiers”

Means the email address and the password chosen by the Client when his or her Client Account is created, and which are required to access his or her Client Account on the Website.

“Delivery”

Means the first presentation of the Product(s) ordered by a Purchaser at the Delivery address indicated by the Purchaser on the order.

“Confidentiality policy”

Means the document which describes the way RESEE collects, uses, discloses, conserves, and transfers personal data and other important information about any User, Client, and Purchaser which RESEE obtains within the scope of using the Website and in particular when orders are placed through the intermediary of the Website. It is accessible on the Website in the “Confidentiality Policy” section [https://resee.com/en/privacy-policy] ;

“Product(s)”

Means the piece(s) which are sold by Vendor(s) through the Website, including the packaging(s), labelling and all the elements comprising the piece(s) or accompanying the piece(s) (such as protection, instructions, manuals, etc. …) as well as the packaging used for its Delivery.

“Service(s)”

Means all Services offered to Clients by RESEE on the Website and if necessary, to Users, and which are detailed in Article 3 below.

“Website”

Means the Website which is accessible at the URL address https://www.RESEE.com and published by RESEE.

“Vendor(s)”

Means any physical person or legal entity offering Products for sale on the Website in a professional or nonprofessional capacity.

“User(s)”

Means any person who visits the Website, either as an ordinary visitor or as the holder of a Client Account.

ARTICLE 1 – PURPOSE AND SCOPE

The purpose of these General Terms and Conditions is to define the methods for using the Website by the Users in order to sell Products through the intermediary of the Website.

To this end, the General Terms and Conditions define the conditions under which the Vendor entrusts Products to RESEE and gives authorization to RESEE, which accepts, to sell these products through the intermediary of the Website.

The General Terms and Conditions apply for an indefinite period. RESEE reserves the right to modify them at any time, without notice. The applicable version of the General Terms and Conditions is the version which is in force on the Website on the day that the Website is used and/or when the contract of sale is concluded between the Vendor and the Purchaser.

These General Terms and Conditions will take precedence over any other general or special conditions, or any other contractual documents submitted by a Vendor which has not been previously and expressly accepted in writing by RESEE.

The General Terms and Conditions are accessible at all times on the Website under the section “Terms & Conditions” and take precedence over any other version or any other joint document.

ARTICLE 2 – RESEE’S ROLE AND LIABILITY

2.1 RESEE’s role

RESEE offers Vendors an intermediation service with the Users of the Website which enable them to sell their Products.

Unless otherwise stated on the Website, RESEE is not the vendor of the Products in any circumstances. Consequently, RESEE is not a party to the contract of sale concluded between the Purchaser and the Vendor.

As such, RESEE does not take any responsibility for the obligations, liabilities and guarantees which may be attributed to a professional or nonprofessional Vendor under the contract of sale.

RESEE’s description of the Products on the Website and the Product quality controls and any Product repairs performed by RESEE are only intended to ensure that the Products delivered correspond to the expectations of the Purchasers, in accordance with the description of the Products given on the Website. RESEE does not provide any guarantee regarding the Purchasers’ satisfaction in relation to the Products delivered.

Apart from disputes concerning either the late delivery or the non-delivery of the Products attributable to RESEE, the Vendor shall be entirely and exclusively liable for any disputes and claims concerning the Products which arise under the contract of sale.

2.2 RESEE’s obligations in tax and social security matters

RESEE shall, in its capacity as intermediary, supply all tax and social security information stipulated by Article 242 bis of the French General Tax Code to the Vendor, and will provide a certificate to the Vendor, at the start of the calendar year, which summarizes the gross amount of the transactions received through its intermediary during the previous year.

RESEE will also be responsible, in accordance with its statutory obligations, for declaring to the tax authorities - by 31 January at the latest - the gross amount of transactions realized by Vendors who received more than €3,000 or who performed more than 20 transactions during the previous year.

ARTICLE 3 - MANDATE

The Vendor gives RESEE, which accepts, authorization to manage the storage of Products belonging to the Vendor in order to present them and sell them on the Website.

As such, the Vendor expressly gives RESEE authorization to perform the following Services, to:

- Receive the Product, check its condition and carry out any necessary cleaning and/or repairs in accordance with Articles 5.3 and 7 hereof;

- Store and preserve the Product throughout the time it is referenced on the Website in accordance with Article 6;

- Compile, based on the information provided by the Vendor, the Product File and publish it on the Website, together with the photographs of the Product taken by RESEE, and in general, the referencing of the Product on the Website;

- Accept the Purchaser's order, in the name and on behalf of the Vendor;

- Receive, in the name and on behalf of the Vendor, the sums paid by the Purchaser in respect of the order for the Product, and pay them to the Vendor, after deducting the Commissions and all taxes and costs owed to RESEE, under the terms of Articles 9.3 and 11;

- Manage, in the name and on behalf of the Vendor, any complaints and Product returns in accordance with Article 9.2.

ARTICLE 4 – ACCESS AND USE OF THE WEBSITE AND SERVICES

4.1. Access to the Website

Any User who wishes to use the Website to sell Products is informed that he/she must possess Internet access subscribed with the supplier of their choice in order to access the Website and the Services offered.

Access to the Website and the use of the associated Services is without any purchase obligation and is free for the Users who only pay for any connection costs for Internet access which is billed by the Internet Service provider.

The Website is, in principle, accessible 24 hours a day, 7 days a week, except for scheduled or unscheduled interruptions, in particular for maintenance, updating or an event of force majeure.

4.2. Creating a Customer Account

In order to access certain services and in particular to offer Products for sale on the Website, the User must create a Client Account by registering on the Website in the “SELL WITH US” section and then “Become a Member” section. Vendors must provide the following information in order to register on the Website:

- His/her surnames and first names;

- Valid email address; and

- Password containing a minimum of six (6) characters, freely chosen by him/her.

The Vendor’s email address and password constitute his/her Identifiers. The Vendor warrants that his or her Identifiers will be strictly personal and confidential to him/her, and that he or she shall be fully responsible for the use which is made of them.

The Vendor is informed of the requirement to provide a valid email address in order to receive a confirmation email confirming the creation of the Client Account and for any subsequent notifications connected to using the Website or the Services offered on the Website.

The Vendor undertakes not to choose an Identifier which infringes the rights of a third party and consequently is prohibited from using an Identifier which infringes, without this list being exhaustive, an intellectual property right, a registered trademark, a company name, or a family surname.

The Vendor undertakes to perform all acts within the interface which is reserved for him/her using his or her own Identifiers and all the actions which are performed under these Identifiers shall be considered to have been made by the Vendor.

RESEE cannot be held liable for forgotten Identifiers, or for the misappropriation or unauthorized use of the Vendor’s Identifiers and the Vendor must immediately inform RESEE of this by sending an email to [email protected] and by letter to the following address: 48 bis Avenue Kléber, 75116 Paris.

The Vendor must supply, in order to be referenced on the Website and to have access to the Services, the following information and documents in an exact and exhaustive manner:

- For all Vendors: Vendor type (physical person or legal person), IBAN and the IBAN ownership verification document.

- For a physical person Vendor: Surname(s) and first name(s), nationality, country and date of birth, address, telephone number and official identity document number, its type (identity card, passport, driver’s license), expiry date and country of issue, together with a copy of the official identity document.

- For a legal person Vendor: Company name, industry of business (e.g., retail clothing), registered office address, registration number, company incorporation/registration document (e.g., certificate of incorporation), Ultimate Beneficial Owners (UBO)’s information (surname(s) and first name(s), nationality, date of birth, address, nature and type of control exercised over the company, indirect ownership entity name (if applicable), identity document copy (optional)).

The Vendor undertakes to provide accurate and up-to-date information, when registering on the Website, when submitting a request to reference a Product of the Vendor on the Website and throughout the time the Vendor is registered on, and the Vendor’s Products are referenced on the Website, and, where applicable, to immediately update such information.

4.3. Commitments by the Users and the Clients

All Users, Clients and/or Vendors undertake to comply with the laws and regulations in force and with these General Terms and Conditions from their acceptance and throughout the whole period of use of the Website and Services.

Furthermore, by using the Website, the User, Client and/or the Vendor undertake not to:

- Disrupt or interrupt access to or the functioning of the Website or to the servers or networks which are connected to the Website;

- Harm or attempt to harm any User, web host, or network, including, but not limited to, intentionally or negligently exposing the Website to a virus, creating saturation, or flooding the server, and, more generally, harming or attempting to harm the proper functioning of the Website;

- Access or attempt to access data not intended for him/her;

- Disclose personal, professional, or confidential information that is false or erroneous, unnecessary, sensitive, or originating from a third party;

- Usurp the identity, Identifiers or means of payment of another Client;

- Harm the reputation of RESEE or of other Users through the Website;

- Disseminate content of a nature which is defamatory, insulting, obscene, offensive, violent, or which incites violence, or which is political, racist, or xenophobic, or which is generally contrary to the laws and regulations in force or to good moral standards;

- Attempt to probe or test the Website's vulnerability, or to breach the Website's security and authentication measures without authorization;

- Use the secure payment service offered on the Website for illicit transactions or fraudulent acts;

- Cause or attempt to cause any disturbance, damage, interruption, or alteration of the activity of the Vendors and/or the use of the Website by the Vendors or other Clients and Users;

- Distribute, reproduce, publish, or modify, in any way whatsoever, any material protected by copyright, trademark or any other proprietary right belonging to third parties without their prior consent;

- Commit or attempt to commit any illegal activity through the use of the Website;

- And, in general, violate or attempt to violate, directly or indirectly, any legal or regulatory provisions or any of the stipulations of these General Terms and Conditions as well as the Privacy Policy and, more generally, any other applicable contractual documents issued by RESEE.

In the event of the violation or contravention of these rules by the transmission of such information, RESEE, in addition to being entitled to delete these disputed messages without notice, also reserves the right to remove the access of the Clients and/or Vendors to their Client Account.

ARTICLE 5 – PUTTING OFFERS OF SALE ON THE WEBSITE

5.1. Procedure for submitting a request to have a Product referenced on the Website

Any User of the Website who wishes to offer Products for sale on the Website can, as they choose:

- Submit his/her/its Product directly to RESEE by completing the form which is directly accessible on the Website in the “SELL WITH US” section and then “SUBMIT YOUR ITEMS” section. RESEE will answer the User’s request within a period of five (5) business days.

- Make an appointment with one of RESEE’s employees in order to determine the terms for referencing the Products by completing the contact form which is accessible in the “SELL WITH US” section and then “SCHEDULE AN APPOINTMENT” section.

5.2. Shipment of the Product to RESEE

Upon approval by RESEE, any Vendor who wishes to entrust a Product to RESEE for sale on the Website, must send it to RESEE via DHL or deliver it at the following address: RESEE SAS, 48 bis Avenue Kléber, 75116 Paris.

Shipment of the Product to RESEE is done at the Vendor’s costs and risks. RESEE cannot be held liable if the Product is damaged, disappears or is destroyed during transport.

The importation costs/additional customs costs are payable by the Vendor for shipments which are made from a territory outside the European Union and will be invoiced to the Vendor by RESEE before the Products are accepted.

RESEE will pay for the shipping costs if a Vendor ships more than ten (10) Products. RESEE will therefore send the Vendor a prepaid shipping voucher for this purpose. However, it is recalled that the Vendor is exclusively liable for the risks connected with transporting the said Products.

If a Vendor ships more than fifty (50) Products from a territory outside the European Union, RESEE reserves the right to invoice the Vendor for the depository costs.

5.3. Receipt and inspection of the Product’s conformity by RESEE

Upon receipt of the Product, RESEE will inspect its condition and authenticity and price the Product under the terms stipulated in Article 5.4.2. below.

RESEE will classify the Product based on its condition according to the following categories:

- “Excellent”: the Product shows no signs of wear

- “Very good”: the Product shows signs of light wear which may include possible light scratches and/or oxidations on the material, very small marks, small modifications or repairs

- “Good”: the Product shows some signs of wear which are recorded on the Product Sheet and/or on the photos of the Product. The wear may include scratches, marks, scratches on hardware, resizing, signs of wear on exterior leather or the lining.

Only products which are in a “Very Good” or “Excellent” condition can be accepted by RESEE for sale on the Website.

If, after this inspection, RESEE establishes that the Product is in a poor condition and/or does not conform to the description of it by the Vendor or if RESEE is unable to confirm the authenticity of the Product, RESEE reserves the right to refuse the Product or to de-reference it any time. In this case, the Vendor will be asked to recover the Product under the terms stipulated in Article 6.2.

5.4. Placing the Product Online on the Website

If RESEE approves the referencing of the Product, it undertakes to put the Product online on the Website within a reasonable period, not to exceed six (6) months from the receipt of the Product.

5.4.1. Creation of the Product Sheet

The Vendor undertakes to provide RESEE with a detailed description of the Product, for each Product which he/she/it wishes to offer for sale. RESEE will publish a Product Sheet for each Product on the Website based on the information communicated by the Vendor. In accordance with article L.221-5 of the Consumer Code, the Product Sheet must contain all the essential characteristics for informing the Purchaser, and in particular, the description of the Product, including the accessories sold with the Product, the name of the designer, the name of the model of the Product, the price of the Product, and its condition.

Depending on the nature of the Product offered, the Vendor must therefore communicate the following information, (this list is not exhaustive): Description of the Product, name of the designer, model, size, color, condition, wear or any other form of deterioration, and material.

The Vendor undertakes to give a complete, faithful, and honest description of the Product, in particular concerning the Product’s condition and the presence of any deterioration or wear.

The Vendor guarantees the authenticity and the condition of the Products which are entrusted to RESEE. The Vendor undertakes to communicate any element to RESEE on the first request, which enables the Product’s authenticity to be certified, and notably the Products’ certificate of authenticity.

Publication of the Product Sheet on the Website constitutes a valid offer of sale.

5.4.2. Pricing the Product

· Determination of the sale price

RESEE will price the Product once it has examined the condition and authenticity of the Product.

The Vendor will be informed of the pricing on his/her Client Account or if the Product cannot be offered for sale due to poor condition or a lack of authenticity.

The Vendor is free to accept or refuse the pricing proposed.

In the event of a disagreement between RESEE and the Vendor over the pricing of the Product after a period of one month from the delivery of the Product, or, if RESEE informs the Vendor that the Product cannot be offered for sale on the Website, the Vendor will be asked to collect the Product under the terms of Article 6.2. hereof.

· Price reduction for unsold items

RESEE reserves the right, for Products below five hundred (500) euros excluding taxes which remain unsold for more than eight (8) months after they have been put online on the Website to reduce their sale price by ten percent (10%) of the price initially fixed and by thirty percent (30%) of the price initially fixed for pieces which have been unsold for over sixteen (16) months after previously informing the Vendor in writing. If the Vendor refuses the price reduction proposed by RESEE, it can recover the Product at any time under the terms of article 6.2 of these General Terms and Conditions.

5.4.3. Monitoring the Offer’s Status

RESEE will regularly update the status of the offers for each of the Vendor’s Products. The status is accessible at any time via the Vendor’s Client Account. The status of the offer can change as follows:

- Approved: the offer is accepted by RESEE and is waiting to be put online on the Website.

- On line: the offer is online on the Website and the Product is therefore available for sale.

- Sold: the Product has been the subject of an order by a Purchaser but could still be returned to RESEE.

- Terminated: the sale is finalized, and the payment has been made to the Vendor.

ARTICLE 6 – SAFEKEEPING DURATION OF THE PRODUCTS

6.1. Product storage by RESEE

RESEE undertakes to store the Product throughout the entire time the Product is referenced on the Website. RESEE is completely free to determine the duration of the Product’s referencing at its own discretion, in accordance with the Product’s specificities, themes, and seasonal trends.

However, the Vendor may, at any time, decide to terminate the Product referencing, under the conditions set out below.

RESEE undertakes to safekeep the Products under the best conditions. However, RESEE cannot be held liable, and the Vendor cannot make any complaint or claim for compensation against RESEE for any deterioration to the Product which is connected to the Product’s storage time.

The Vendor is also informed that RESEE does not store the packaging or wrapping of the Products, except for handbags or fine jewelry Products.

6.2. De-referencing at the Vendor’s initiative

The Vendor can decide to terminate the referencing of his/her Product on the Website at any time and recover a Product which has not yet been sold at his or her own expense. In this case, the Vendor must inform RESEE by registered letter with acknowledgement of receipt sent to its registered office or by email to [email protected]

If the Vendor wishes to recover the Product after less than one (1) year from the date the Product was delivered to RESEE for referencing on the Website, the Vendor must pay RESEE a charge of twenty (20) euros per Product. The Vendor can recover his or her Product free of charge, after a period of referencing the Product on the Website of one (1) year subject to paying the return, repair, and maintenance costs below.

In any event, the Vendor shall remain liable to pay for all cleaning and repair costs that RESEE may have incurred for the Product, and which will be invoiced to the Vendor by RESEE.

The Vendor must give RESEE instructions for shipping the Product to be returned. The Vendor alone will be responsible for the costs and risks associated with returning the Product. Consequently, RESEE cannot be held liable if the returned Products are lost, destroyed, or damaged in transit.

If the Vendor fails to recover his/her Product within thirty (30) days following his/her request for dereferencing or after being informed by RESEE that the Product has been dereferenced for any of the reasons set out below, the Product shall be considered to have been abandoned by the Vendor and RESEE will be free to dispose of it, whereby the Vendor will forfeit any claims to the Product(s) in this respect.

6.3. Dereferencing by RESEE

RESEE may withdraw an offer displayed on the Website under the following circumstances:

- The Product and/or Sale does not comply with the marketing conditions stipulated in these General Terms and Conditions or with legislative, regulatory, or contractual provisions. This is notably the case if the Product is a counterfeit within the meaning of the French Intellectual Property Code, or if it is sold in breach of a selective or exclusive distribution network;

- RESEE establishes that there is a mistake in the Product Sheet published on the Website;

- The Client Account of the Vendor of the Product is suspended or deleted for any reason whatsoever;

- The Product has been sold;

- the Product has not been sold within one (1) year of being referenced on the Website.

The Vendor expressly acknowledges and accepts that the dereferencing decision by RESEE, in these circumstances, is discretionary.

RESEE will inform the Vendor of the dereferenced Product by email and/or through the intermediary of the Vendor’s Client Account within a reasonable time so that the Vendor can regain possession of the Product at his or her own costs.

ARTICLE 7 – CLEANING AND REPAIRING THE PRODUCTS

RESEE attaches great importance to the quality of the Products offered on its Website. Therefore, if a Product is stained or worn, RESEE reserves the right to carry out any repair or cleaning to the Product it considers necessary before shipping the sold Product.

The costs of cleaning and/or repair shall be borne by the Vendor.

These costs can be deducted from the sale price which RESEE pays to the Vendor after a sale on the Website or the Vendor can pay them directly on the Website.

These cleaning and/or repair costs are determined according to the nature of the Product and the repair required in accordance with Appendix 1.

The Vendor will be informed of the need to clean and repair his or her Product, together with the cleaning and repair costs, on the Vendor’s Client Account.

Repairs or cleaning will be performed by craftspeople chosen by RESEE. The Vendors expressly accepts and acknowledges that RESEE is free to choose these craftspeople.

In any event, RESEE can never be held liable for the services provided by these crafts people in particular for poor results, damage, losses etc.

ARTICLE 8 – CLASSIFYING THE OFFERS

The Products referenced on the Website are classified in accordance with the type of Products (clothing, bags, shoes, and accessories) and/or by the Designer of the Product and/or as new references on the Website. The classification of Product can be refined inside each of these categories according to the category of Product (e.g., dresses, trousers, jackets, scarves, jewelry etc.) the size, the themes predefined by RESEE, the designer of the Product, and the decade of the Product’s creation.

The User can also sort Products inside these categories or subcategories by selecting one or more sorting criteria proposed by RESEE such as:

- New references: the Products will then be sorted according to their referencing date on the Website. Only Products which have been referenced for less than thirty (30) days will appear;

- The price of the Product: the Products will be sorted in increasing or decreasing order as the User chooses;

- The color of the Product.

The Products referenced on the Website can also be classified according to the number of searches made on the Website by Users for each Product.

ARTICLE 9 – SALE OF THE PRODUCTS

9.1. Shipment and Delivery of the Products

RESEE undertakes to ship the Products sold to the Purchaser within a period of five (5) business days from the confirmation of the order in accordance with the delivery method chosen by the Purchaser when the Purchase placed his or her order.

9.2. Complaints and Returns

9.2.1. In the event of a complaint from a Purchaser following the delivery of a Product which is in poor condition and/or does not conform with the Product Sheet and/or which is counterfeit, RESEE will, if necessary, inform the Vendor after examining the Purchaser’s complaint, as well as the fact that the Product will, if appropriate, be returned to the Vendor at the Vendor’s own expense.

9.2.2. The same will apply if a nonprofessional Purchaser exercises his or her right to withdraw from the contract within the statutory fourteen (14) day period from the delivery of the Product or if the Purchaser exercises the right to return the Product which is offered to him/her.

In this respect, professional Vendors are reminded that in accordance with the provisions of article L. 221-8 of the French Consumer Code, non-professional Purchasers who have bought a Product from a professional Vendor have a period of fourteen (14) business days, from the date of delivery of the order, in which to exercise their right to withdraw from the contract with the Vendor, without having to justify their decision or pay any penalties.

In addition, and in any event, a dissatisfied nonprofessional Purchaser has a period of five (5) business days from the delivery of the Product in which to return the Product to RESEE, even when the Vendor is not a professional Vendor.

9.3. Payment to the Vendor

The sums which RESEE receives for the sale of the Product, in the name and on behalf of the Vendor, are paid to the Vendor after the confirmation of the receipt of the Product and its conformity by the Purchaser, after deducting the Commission which is owed to RESEE in accordance with article 11 of these General Terms and Conditions, any shipping costs, customs costs, cleaning and/or repair costs of the Product and any other costs which may be owned by the Vendor to RESEE.

The sums owed to the Vendor will be received on the Vendor’s behalf by the Dutch company PAYAUT B.V. (75292289) and are credited to the Vendor, in an electronic wallet attached to the Vendor’s Client Account within one (1) business day. The Vendor may access the funds available in the said electronic wallet, at any time, in order to transfer them to the bank account linked to his or her Client Account, or to be totally or partially used to place an order for Products on the Website.

However, after the Product has been delivered to the Purchaser, the Vendor will not be entitled to the payment of the sums which RESEE has received from the Purchaser, or the Vendor must, on RESEE’s first request, reimburse the sums received from RESEE for the sale of a Product, and reimburse any shipping costs to the Purchaser if:

- A nonprofessional Purchaser exercises his or her right to withdraw from the contract within the statutory period of fourteen (14) calendar days, for the sale of a Product by a professional Vendor;

- A nonprofessional Purchaser exercises the right to return which is offered by RESEE within five (5) business days following the receipt of the Product;

- The Product is a counterfeit and/or has been sold in breach of the marketing conditions and the Vendor’s obligations described in article 10 of these General Terms and Conditions.

9.4. Transfer of Ownership Title of the Products and Risks

The Vendor or RESEE, if the Vendor is RESEE, retains the ownership title in the Product(s) ordered until the order price is paid for in full, including taxes, delivery charges and shipping costs or any other costs if they are owed.

The risks of loss and damage to the Product are transferred to the Purchaser when the Product is delivered to him/her.

RESEE will only assume the risks of loss and damage to Products which are handed over to it for safekeeping.

ARTICLE 10 – THE VENDOR’S COMMITMENTS AND OBLIGATIONS

10.1. Vendor’s General Obligations

The Vendor undertakes to only sell Products which he/she/it is the sole owner of.

The Vendor also undertakes to respect all the contractual, legal, and regulatory obligations which apply to him/her/it, notably those concerning the pre-contractual information which must be communicated to all Purchasers and the information relating to the conformity of the Products. As such, the Vendor certifies and warrants RESEE that he/she/it possesses all the rights in order to offer the said Products for sale and that these Products are not the subject of any breach of any intellectual and/or industrial property right belonging to a third party, or are not prohibited from being put on sale due to a distribution network or a contractual right which a third party could legitimately claim.

The Vendor guarantees the authenticity and the condition of the Products referenced on the Website. As such the Vendor will be liable to the Purchaser for the sale of a counterfeit Product and the Vendor must hold RESEE harmless against any legal proceedings and indemnify RESEE for any loss caused by a Vendor putting counterfeit Products on sale.

The Vendor must supply RESEE with all the documents which prove its ownership title over the Product which is offered for sale, and/or the authenticity of the Product, on RESEE’s first request.

10.2. Special Obligations for any Professional Vendor

Any professional Vendor must state their capacity as professional Vendors on the Website when they register. The Vendor undertakes to modify the declaration he/she made on the site when registering if the professional status changes after registration.

All Vendors are informed that pursuant to articles L. 121-4, 21° and L. 132-2 of the French Consumer Code, business practices are deemed to be deceptive if their purpose is to “falsely assert or give the impression that the professional is not acting within the scope of his or her commercial, industrial, craft, professional or agricultural business activity or to falsely present him or herself as a consumer”. Such practices are liable to a penalty of 2 years’ imprisonment and a €300,000 fine. The fine can be increased in proportion to the benefits obtained from the offence, to 10% of the average annual turnover calculated for the last three annual turnovers known on the date of facts or to 50% of the expenditure incurred to create the advertisement or the practice which constitutes the offence.

The Professional Vendor undertakes to respect all these statutory and regulatory obligations which are imposed on him/her in the capacity as a professional and the professional Vendor undertakes:

(i) not to commit any action or omission which is liable to mislead the Purchaser so that the Purchaser buys a Product which the Purchaser would not have bought without this action or omission;

(ii) to respect the nonprofessional Purchaser’s right to withdraw from the contract under article L.221-18 of the French Consumer Code;

(iii) to only put Products on sale on the Website, which conform to the description which the Vendor gave to RESEE concerning the Product’s description, its condition and use, and exempt from any material defect, and to consequently guarantee all Purchasers under the statutory warranty against hidden defects and nonprofessional Purchasers under the statutory warranty of conformity.

The statutory warranty of conformity: A Purchaser who is a consumer and who has purchased a Product from a Professional Vendor has a period of two (2) years from the delivery of the Product in which to bring an action for the Product’s non-conformity. In the case of second-hand goods, the Purchaser benefits from a presumption that the defect predates the sale of the Product during the first twelve (12) months following delivery of the Product. In case of non-conformity, the consumer is entitled to have the goods repaired or replaced, provided this is not impossible or would involve disproportionate costs, in accordance with Article L. 217-12 of the French Consumer Code, or, failing this, to have the price reduced or the contract rescinded.

The statutory warranty against hidden defects: Pursuant to Article 1644 of the French Civil Code, a Purchaser who has purchased a Product which is affected by a hidden defect may either opt to rescind the sale or reduce the sale price if he/she proves that the hidden defect existed at the time of the sale. The Purchaser must bring an action against the Vendor within two years of the discovery of the hidden defect.

ARTICLE 11 – COMMISSIONS OWED TO RESEE

As payment for the services which RESEE proposes to the Vendor via the Website, RESEE will receive a commission on all the sales which are performed through the Website which will vary in accordance with the price of the Product, as follows (hereafter the “Commission”):

- For any Product with a sale price (excluding taxes) below one hundred and ninety (190) euros: 50% Commission on the sale price excluding taxes.

- For all bags and accessories of an amount (excluding taxes) of more than two thousand (2000) euros and for all garments of an amount (excluding taxes) of more than three thousand (3000) euros: 30% Commission on the sale price, excluding taxes.

- For all bags and accessories of amount (excluding taxes) of between one hundred and ninety (190) euros and two thousand (2000) euros and for all garments of an amount (excluding taxes) between one hundred and ninety (190) euros and three thousand (3000) euros: 40% Commission on the sale price excluding taxes.

The Commissions exclude all costs, taxes and duties which are payable by the Vendor to RESEE, and in particular any delivery costs, custom costs, and costs of cleaning and repairing the Product.

ARTICLE 12 – PERSONAL DATA

Pursuant to Law No. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties as amended and European Regulation No. 679/2016 of April 27, 2016 for the protection of data, it is reiterated that the personal data which are collected to create a Client Account or to place an order via the Website are subject to automated data processing by RESEE as data controller.

The personal data relating to any User and/or Vendor which RESEE obtains when using the Website, and in particular, when placing an order on the Website, will be processed in accordance with applicable French and European regulations and in compliance with the principles of good faith, legality, transparency, and confidentiality.

RESEE shall ensure the security of the personal data it stores for the purposes of fulfilling and tracking orders.

Any User and/or Vendor may consult the "Confidentiality Policy" at any time, which is accessible at the following address [https://resee.com/en/privacy-policy] and which provides full details of the methods for processing personal data.

ARTICLE 13 – INTELLECTUAL PROPERTY

All the content of the Website and in particular the texts, commentaries, illustrations, data, videos works and images which are reproduced or presented on the Website are RESEE’s exclusive property or where appropriate, the property of their respective owners with whom RESEE has concluded utilization agreements and are protected by the French and International laws relating to intellectual property. The databases are the exclusive property of RESEE which is the producer of them.

All these intellectual creations are protected by copyright, trademark law, patent law, sui generis database law and image rights worldwide.

As such, any reproduction, representation, modification or total or partial adaptation of the Website and/or of all or part of the components which are on the Website, or which are incorporated therein is strictly prohibited without RESEE's express prior written consent and is liable to constitute an infringement of copyright.

RESEE grants the User a non-exclusive and non-transferable right to use the Website and the original intellectual works and data contained on the Website. The right granted consists of the right to consult the original intellectual works and data contained on the Website online. This right of use is for strictly private use only. All other rights are expressly reserved by RESEE.

Any other use of the Website, in particular commercial use, by the User is prohibited without the express written authorization of RESEE.

The User is also prohibited from entering data on the Website that would modify or be likely to modify the content or appearance of the data, the presentation or the organization of the Website or the works appearing on the Website, by any means whatsoever.

The “RESEE” trademarks are trademarks registered by RESEE. Any use, presentation and/or reproduction and/or partial or total exploitation of "RESEE" trademarks, of any nature whatsoever, is totally prohibited without the owner's prior written authorization.

ARTICLE 14 – FORCE MAJEURE

Any event which is outside RESEE's control and which it cannot reasonably guard against, constitutes a case of force majeure within the meaning of article 1218 of the French Civil Code, and suspends the obligations of the Parties, e.g., but without this list being exhaustive: flooding, fire, storms, raw material shortages, transport strikes, partial or all-out strikes, lock-outs, technical breakdowns (EDF, ERDF, telecom operators, Internet Service providers or web hosts, Registrar, etc.), and energy supply outages (such as electricity), a failure of the electronic communications networks which RESEE uses and/or the replacement networks.

RESEE shall not be held liable or considered to have breached its obligations under these General Terms and Conditions, for any non-performance which is connected to a case of force majeure as defined by French law and case law, providing, firstly, it notifies the other Party, and, secondly, it does its utmost to minimize the loss and perform its obligations as quickly as possible after the case of force majeure has ceased.

ARTICLE 15 – MISCELLANEOUS PROVISIONS

15.1. Non-waiver of the General Terms and Conditions

The fact that one of the Parties to these General Terms and Conditions has not demanded the application of any clause, whether permanently or temporarily, shall not be considered to be a waiver of this Party's rights arising under the said clause, in any circumstances.

15.2. Partial invalidity

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions of these General Terms and Conditions shall remain in full force and effect.

Where necessary, RESEE undertakes to immediately remove and replace the said clause with a legally valid clause.

15.3. Notification

Unless otherwise stipulated in these General Terms and Conditions, all correspondence between the Parties is by e-mail.

Pursuant to articles 1363 et seq. of the French Civil Code, the Vendor hereby states that the information provided by him/her to RESEE is deemed to be binding between the Parties until such time as a written document, authenticated and signed by both parties, is produced which calls into question this computerized information.

Elements such as the time of receipt or transmission, as well as the quality of the data received, will be considered authentic, by priority, as they appear on RESEE's computer systems, unless the Vendor provides written proof to the contrary.

The value of the proof of information supplied by RESEE's computer systems is the value, which is accorded to an original written paper document, signed by hand.

15.4. Translation

These General Terms and Conditions have been translated into the English language. In the event of a contradiction or a distortion between the English language version and the French language version, the French language version will have priority.

ARTICLE 16 - MEDIATION

In accordance with the provisions of the French Consumer Code concerning “the mediation process for consumer disputes” the User is entitled to use the mediation service proposed by RESEE. The proposed mediator is the FEVAD (by letter post: consumer mediator FEVAD – BP 20015 – 75362 PARIS CEDEX 8 or by email: [email protected]).

Pursuant to article L. 612-2 of the French Consumer Code the User must prove that he or she has tried to resolve the dispute beforehand directly with RESEE by a complaint by letter addressed to its registered office or by email.

The User can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/od.

ARTICLE 17 - GOVERNING LAW – DISPUTES

The validity, interpretation and performance of these General Terms and Conditions are subject to French law.

ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR BREACH OF THE GENERAL TERMS AND CONDITIONS SHALL, IN THE ABSENCE OF AN OUT OF COURT SETTLEMENT, BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS. THIS ATTRIBUTION OF JURISDICTION IS VALID NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY NOTICES

ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR BREACH OF THE GENERAL TERMS AND CONDITIONS CONCLUDED BETWEEN RESEE AND A PROFESSIONAL USER OR PROFESSIONAL VENDOR SHALL, IN THE ABSENCE OF AN OUT OF COURT SETTLEMENT, BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE PARIS COMMERCIAL COURT. THIS ATTRIBUTION OF JURISDICTION IS VALID NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY NOTICES

APPENDIX 1 – COSTS OF DRY CLEANING AND PRODUCT REPAIRS

Unless otherwise specified by RESEE for a specific Product, the costs of dry cleaning and Product repairs charged by RESEE are determined as follows, depending on the type of garment and the type of repair:

CLEANING/REPAIR

PRICE

DRY CLEANING

Top

€19.00

Maxi dress

€40.00

Mid-calf dress

€30.00

Trousers

€18.00

Coats

€30.00

Capes

€30.00

Skirts

€20.00

Jumpsuit

€30.00

Suit

€33.00

Trench

€26.50

Jacket

€19.50

Towel

€20.00

Scarves

€19.00

Hat

€20.00

Ties

€19.00

Kimono

€30.00

Turban

€15.00

Scrunchies

€10.00

Shorts

€16.50

Swimwear

€20.00

REPAIRS

Shoes

€30.00

Button

€5.00

Tears

€25.00

Armpit

€30.00

Tear in lining

€60.00

Holes

€50.00

Full lining

€150.00

Hem

€20.00

Zip fastening

€25.00

Crotch cushion

€20.00

Seam

€20.00

APPENDIX 2. GENERAL TERMS AND CONDITIONS OF THE PAYMENT SERVICES PROVIDER

GENERAL TERMS AND CONDITIONS FOR “PURCHASERS”

Version in force from 07/08/2023

LEGAL INFORMATION

RESEE is a simplified joint stock company with capital of €59,020.00, registered in the Paris Trade and Companies register under number 791 355 100, with registered office at 48 bis Avenue Kléber – 75116 Paris (hereafter “RESEE”). It publishes the Website which is accessible at the address https://www.RESEE.com (hereafter the “Website”).

Intra-community VAT number: FR12791355100

E-mail: [email protected]

Telephone number: 0175429440

Codirectors of the publication: Mesdames Sofia Bernardin and Sabrina Marshall

Website Host: HOST ME - 05 33 52 07 94

INTRODUCTION

The Website is a sale and purchase trading platform which specializes in “second-hand” or “vintage” luxury fashion products.

RESEE can exceptionally offer to sell Products directly, and these Products are identified as being sold by RESEE on the Website.

PRELIMINARY ARTICLE – DEFINITIONS

“Purchaser(s)”

Means any person, either a consumer within the meaning of the Consumer Code or acting in a professional capacity, who purchases Products on the Website.

“General Terms and Conditions”

Means these General Terms and Conditions which govern the sales made between the Purchasers and Vendors via the Website.

“Client(s)”

Means any physical person or legal entity who registers on the Website in order to use the Services offered on the Website and in particular to purchase the Products which are offered for sale on the Website.

“Client Account”

Means the interface accessible from the Website, which any User must create in order to use the Services offered by RESEE on the Website.

“Product Sheet”

Means the description of the Product, which is given by RESEE on the Website, based on the information supplied by the Vendor for each of their Products.

“Identifiers”

Means the email address and the password chosen by the Client when their Client Account is created and which are required to access their Client Account on the Website.

“Delivery”

Means the first presentation of the Product(s) ordered by a Purchaser at the Delivery address indicated by the Purchaser on the order.

“Confidentiality Policy”

Means the document which describes the way RESEE collects, uses, discloses, holds, and transfers personal data and other important information about any User, Client, and Purchaser which RESEE obtains within the scope of using the Website and in particular when orders are placed through the intermediary of the Website. It is accessible on the Website in the “Confidentiality Policy” section [https://resee.com/en/privacy-policy];

“Product(s)”

Means the piece(s) sold by Vendor(s) through the Website including the packaging(s), labelling, and all the elements comprising the piece(s) or accompanying the piece(s) (such as protection, instructions, manuals, etc.), as well as the packaging used for its Delivery.

“Service(s)”

Means all the Services offered to Clients by RESEE on the Website and if necessary, to Users, and which are detailed in Article 3.4 below.

“Website”

Means the website, which is accessible at the URL address https://www.RESEE.com and published by RESEE.

“Vendor(s)”

Means any physical person or legal entity offering Products for sale on the Website in a professional or nonprofessional capacity.

“Final Sale”

Means any sale of a Product between a Vendor and a via the Website which, due to the rarity of the Product or its particular origin, cannot be the subject of a return, unless the Purchaser exercises their right to withdraw from the contract under the terms of Article 9 in this document.

“User(s)”

Means any person who visits the Website, either as an ordinary visitor or as the holder of a Client Account.

ARTICLE 1 – PURPOSE AND SCOPE

The purpose of these General Terms and Conditions is to define the methods for using the Website by the Users in order to purchase the Products via the Website.

The access and use of the Website and the Services entails the unreserved acceptance of these General Terms and Conditions, which will be fully enforceable against any User.

The General Terms and Conditions apply for an indefinite period. RESEE can modify them at any time. The applicable version of the General Terms and Conditions is the version that is in force on the Website on the day that the Website is used and/or when the order is placed.

These General Terms and Conditions will take precedence over any other general or special conditions or any other contractual documents submitted by a Client, a Purchaser, or a Vendor, and which is not previously expressly accepted in writing by RESEE.

The General Terms and Conditions are accessible at all times on the Website under the section “Terms & Conditions” and take precedence over any other version or any other joint document.

ARTICLE 2 – RESEE’S ROLE AND LIABILITY

2.1. Unless otherwise stated on the Website, the User acknowledges that the only function of RESEE, who is not the vendor of the Products, is to introduce Vendors and Users to each other via the Website.

Consequently, RESEE cannot be a Party to the contract of sale, which is entered into between the Purchaser and the Vendor. As such, RESEE does not take any responsibility for the obligations, liabilities and guarantees attributable to a professional or nonprofessional Vendor under this contract of sale.

RESEE’s description of the Products on the Website and the Product quality controls, and any Product repairs performed by RESEE are only intended to ensure that the Products delivered correspond to the expectations of the Purchasers, in accordance with the description of the Products given on the Website without RESEE providing any guarantee regarding the Purchasers’ satisfaction in relation to the Products delivered.

2.2. The Product Sheet shall expressly state whether RESEE is acting as the vendor of the Products, in which case all the obligations attributable to Vendors (whether legally or under the General Terms and Conditions) shall apply to RESEE.

ARTICLE 3 – ACCES AND USE OF THE WEBSITE AND THE SERVICES

3.1. Access to the Website and the Services

All Users are informed that they must possess an Internet access which is subscribed with the supplier of their choice in order to access the Website and the Services offered on the Website.

Access to the Website and the use of the associated Services is without a purchase obligation and is free for the Users who only pay for the connection costs for the Internet access billed by the Internet Service provider.

The Website is, in principle, accessible 24 hours a day, 7 days a week, except for scheduled or unscheduled interruptions, in particular for maintenance, updating or force majeure.

3.2. Client Account

Browsing on the Website is unrestricted and does not require the creation of a Client Account. However, Users must create a Client Account by registering on the Website in the “Become a Member” or “Sign In” section to access certain Services and, in particular, to place orders. All Users must provide the following information to register on the Website:

- their surnames and first names

- a valid email address and

- a password containing a minimum of six (6) characters which has been freely chosen by the User.

The User’s email address and password constitute their Identifiers. The User warrants that their Identifiers will be strictly personal and confidential and that they shall be fully responsible for the use they makes of them.

The User is informed of the requirement of providing a valid email address in order to receive a confirmation email confirming the creation of the Client Account, and for any subsequent notifications connected to using the Website or the Services offered on the Website.

The User undertakes to perform all acts inside the interface reserved for the User using their own Identifiers. All actions performed under these Identifiers shall be considered to have been made by the User.

RESEE cannot be held liable for forgotten Identifiers, or for the misappropriation or unauthorized use of the User’s Identifiers, and the Vendor must immediately inform RESEE of this by sending an email to [email protected] and by letter to the following address: 48 bis Avenue Kléber, 75116 Paris.

3.3. Commitments by the Users and Clients

All Users and/or Clients undertake to comply with the laws and regulations in force and with these General Terms and Conditions from their acceptance and throughout the whole period of use of the Website and Services.

Furthermore, by using the Website, the User and/or Client undertake not to:

- Disrupt or interrupt access to or the functioning of the Website, or to the servers or networks

which are connected to the Website

- Harm or attempt to harm any User, web host, or network, including, but not limited to, intentionally or negligently exposing the Website to a virus, creating saturation, or flooding the server, and more generally harming or attempting to harm the proper functioning of the Website

- Access or attempt to access data not intended for the User

- Disclose personal, professional, or confidential information that is false or erroneous, unnecessary, sensitive, or originating from a third party

- Usurp the identity, Identifiers or means of payment of another Client

- Harm the reputation of RESEE or of other Users through the Website

- Attempt to probe or test the Website's vulnerability, or to breach the Website's security and authentication measures without authorization

- Use the secure payment service offered on the Website for illicit transactions or fraudulent

acts

- Cause or attempt to cause any disturbance, damage, interruption, or alteration of the

the activity of the Vendors and/or the use of the Website by the Vendors or other Clients and

Users

- Commit or attempt to commit any illegal activity through the use of the Website.

- And in general, violate or attempt to violate, directly or indirectly, any legal or regulatory provisions or any of the stipulations of the General Terms and Conditions, as well as the Privacy Policy and, more generally, any other applicable contractual documents issued by RESEE.

3.4. Services offered to Users and Clients

3.4.1. Services which are accessible to any User

In the absence of a Client Account, Users can, from the Website:

- Consult all the Products displayed on this Website

- Perform a Product search in the search bar and filter the results displayed in accordance with the sorting criteria offered on the Website according to the type of Product, e.g., size, color, brand/designer, decade of creation

- Contact RESEE’s advisers

3.4.2. Services which are reserved for Clients only

By registering on the Website and creating a Client Account, the Client is entitled to additional services such as:

- Placing an order

- Using the Secure Payment Service

- Accessing search histories

- Consulting and managing (updating, modifying, etc.), at any time, the personal information supplied when the Client Account was created

- Tracking orders and consulting order histories

- Publishing a review of the Product purchased.

ARTICLE 4 –PRODUCTS FOR SALE ON THE WEBSITE

4.1. Description of the Products

RESEE presents the Vendor’s Products on the Website together with the detailed description set out in the corresponding sheets drawn up on the basis of the information supplied by the Vendor for each of the Vendor’s Products (hereafter the “Product Sheet”). The Product Sheet provides the Purchasers, before the final confirmation of their order, with the essential characteristics of the Products they wish to purchase, such as the brand, the size, the color, and condition, as required by article L. 221-5 of the Consumer Code.

RESEE provides a classification for the Products based on their condition and the criteria which RESEE determines at its discretion as follows:

- “Excellent”: the Product shows no signs of wear.

- “Very good”: the Product might show signs of light wear which may include possible light scratches and/or oxidation of the material, small marks, small modifications, or repairs.

The presentation of the Product on the Website also states whether the Product, which is being offered for sale belongs to, and is being sold by, a nonprofessional Vendor or a professional Vendor, which may be RESEE, as the case may be.

4.2. Price of the Products

The prices which are applicable are the prices displayed on the Website when the Purchaser confirms their order.

Product prices are given in euros and are inclusive of taxes, to the exclusion of delivery charges and any taxes and/or customs duties which the Purchaser may be subject to at the time of Delivery and for which they are exclusively liable. All the charges invoiced in addition to the sale price of the Product to the Purchaser will be detailed on the order summary, and the confirmation e-mail of the order, and added to the total price of the order.

RESEE reserves the right to modify the price of the Products displayed on the Website at any time without notice. However, these modifications will have no impact on the orders which have already been accepted by RESEE before these modifications come into force.

4.3 Product availability

The Products are those which are shown to be in stock on the day the Purchaser visits the Website.

It is possible for the same Product to be offered for sale both on the Site and in the professional Vendor's store. Product availability may therefore vary depending on the time required to update the Site.

If a Product ordered by the Purchaser is unavailable, for any reason whatsoever, after the order has been confirmed, RESEE undertakes to contact the Purchaser within a reasonable period of time, by e-mail, to inform them of the unavailability of the Product and to offer the Buyer cancelation of the order and, where appropriate, refunding them, within thirty (30) calendar days of this communication.

ARTICLE 5 – PLACING PRODUCT ORDERS

5.1. Ordering a Product

When browsing the Website, the Purchaser is free to view the Products which are offered for sale on the day the Website is consulted.

To order any of these Products, the Purchaser must click on the icon displayed next to each photograph of the Products.

The Purchaser can check the chosen Product in the “Shopping Bag” section at any time during browsing.

The Purchaser can return to this order at any time during the ordering process, i.e., up until it has been paid for, in order to complete, modify or cancel the order.

Once the Product selection is terminated, the Purchaser will be invited, on a new web page, to provide their contact details by correctly filling out the form supplied.

In particular, the Purchaser undertakes to provide an address where the Delivery can be made during working hours from Monday to Saturday.

Once the form has been properly completed, a summary of the order summarizing all information relating to this order i.e., the type, the quantity and the price of the Products, the total amount (including shipping costs) of the order, the Purchaser's contact details, the Delivery address and the billing address will appear on the screen.

After checking the status of the order, the Purchaser will be asked to:

- either click on the “Check Out” button in order to proceed to pay for their order;

- or to click on the “Edit” button to modify the order characteristics and/or their contact details.

When clicking on the “Check Out” button during the order procedure, the Purchaser must first read these General Terms and Conditions, and then tick a box next to the message “I have read and accept the General Terms and Conditions for Purchasers”.

5.2. The Order will only be firm once the corresponding price has been paid.

RESEE will systematically confirm each Purchaser’s order and then its shipment by email.

5.3. The price, inclusive of tax, for each Product is indicated on the corresponding Product Sheet. The Purchaser will be informed of the shipping costs before the final confirmation of the order.

However in accordance with Article 4.2 above, the Purchaser formally acknowledges that they have been informed by RESEE that the prices shown on the Website do not, in any circumstances, include any charge and/or customs duty to which the Buyer may be subject at the time of Delivery (and in particular for deliveries outside France or the European Union) and for which the Purchaser remains exclusively liable.

In addition, once the order is confirmed, the prices and costs will continue to be accessible in the “MyAccount” section of the Website.

Once these General Terms and Conditions have been accepted and the order has been confirmed, a web page for paying for the order will open.

The Purchaser must then proceed to pay for their order.

The recorded data constitutes proof of all transactions between RESEE and the Client.

5.4. The Purchaser guarantees that they are fully authorized to use the bank card supplied in order to pay for their Order and that this bankcard gives access to sufficient funds to cover all the costs relating to using RESEE’s Services.

After confirming the contents of their Order, the Purchaser definitively confirms it by the payment.

ARTICLE 6 – PAYMENT METHODS

Payment for the order is made online on the Site and must be made at the same time as the order, in accordance with the instructions given for this purpose during the order validation process. Payment is made in euros by bank transfer or by bankcard via the Mollie electronic payment system or PayPal™, to the exclusion of any other method of payment and in accordance with the terms for using the secure payment service in Appendix 3.

If RESEE does not receive proof of payment within three (3) working days, RESEE reserves the right to put the Product back on sale on the Website.

RESEE also offers Purchasers the possibility of paying for their order in several consecutive monthly instalments, at no extra cost, starting from the date the order is placed via its service provider, KLARNA. Please note this feature is temporarily disabled for maintenance.

RESEE uses the Mollie secure payment tool or PayPal™ supplied by PayPal France SAS and guarantees the Purchaser that it never has access to confidential information relating to the payment method used by the Purchaser to pay for their order.

In order to make the payment owed, the Purchaser will be asked either to provide the number of the bankcard, its expiry date, together with, where appropriate, the visual cryptogram or to make the payment directly via the Purchaser’s PayPal account, should they already have one.

The Purchaser's bank details are requested for each order as only the bank chosen by RESEE to carry out this financial transaction remains in possession of the confidential information.

To this end, the Client guarantees RESEE that they have the necessary authorizations to use the method of payment chosen when confirming the order. If the Bank refuses, the order will be automatically cancelled, and the Buyer will be informed.

RESEE has implemented the "3d Secure" protection system for each payment made on the Website, in order to optimize the security and authentication of the electronic payment made by the Buyer.

The Client is asked to comply with the authentication procedure used for this purpose. Otherwise, the payment will be cancelled, and the Purchaser will be unable to receive the Products ordered.

Once an order has been paid for, a printable and savable summary of the Purchaser's order will be displayed, with the references of the order.

ARTICLE 7 – TRANSFER OF RISKS AND RETENTION OF TITLE

The Vendor or RESEE, if the Vendor is RESEE, retains the ownership title to the Product(s) ordered until the order price is paid for in full, including taxes, delivery charges and shipping costs or any other charges if they are owed.

The risks of loss and damage to the Product are transferred to the Purchaser when the Product is Delivered.

ARTICLE 8 – DELIVERY OF THE PRODUCTS

8.1. Methods of Delivery

The Products will be sent to the postal address given by the Purchaser when they place the order.

The delivery will be made using the delivery method selected by the Purchaser at the time of ordering and according to the country of delivery and the rate proposed by the carrier.

The Purchaser will be informed of the carrier's proposed delivery rate when the order is validated.

For all standard deliveries, the order will be sent to the Purchaser using the carrier DHL.

The Purchaser can track the progress of their delivery on the Website at the address www.dhl.com.

Because the delivery is performed by third party service providers, the Purchaser is informed that RESEE can never be held liable if the nonperformance or poor performance of this obligation is attributable to the Purchaser or to the unforeseeable or unavoidable action of a third party to the contract or to a case of force majeure.

RUSSIA: Due to the very strict restrictions on imports into Russia, shipments other than documents sent to private individuals are subject to extreme scrutiny, which can cause significant delays at customs, and delays to your delivery. In order to minimize these delays, we strongly recommend that any Purchaser who places orders from Russia has their order(s) shipped by a certified company.

BRAZIL: RESEE is not currently delivering to Brazil because of strict customs restrictions.

8.2. Costs of delivery and shipping costs

The cost of Delivery for the Products varies depending on the country of Delivery, in accordance with Appendix 1.

The Purchaser will be informed of the delivery price offered by the carrier when confirming their order.

All Products are delivered in accordance with Incoterm 2020 DDP (Delivery Duty Paid), i.e., the Purchaser has no additional charge to pay on receipt of the Product. Product prices are displayed on the Website, inclusive of taxes, according to the geolocation declared by the Purchaser when accessing the Website. Only the delivery costs are displayed in addition to the sale price of the Product in the order tunnel.

8.3. Shipment and Delivery times

All orders are shipped by RESEE within ten (10) business days of the confirmation of the order.

RESEE can offer a free professional dry-cleaning service for all garments prior to shipment.

The Purchaser will be informed when the order is ready for shipment by e-mail with Delivery tracking information.

Delivery will take place within thirty (30) days of the order being placed at the latest, unless otherwise stipulated. In the event of the foregoing, the Purchaser will be informed before the order is placed, indicating an average delivery time.

8.4. Delay in Delivery or the non-delivery of the Product

The Purchaser must inform RESEE as soon as possible of any delay in Delivery, and RESEE will carry out an investigation with the carriers in question.

The Purchaser will be entitled to cancel their order if the Delivery has not occurred within fourteen (14) days of the indicated Delivery date, unless the delay is due to force majeure, as stipulated in Article 14 and Article 1218 of the French Civil Code, or to a mistake by the Client when entering the address for delivery.

As soon as the Purchaser has exercised their right to cancel the order, or as soon as RESEE has confirmed the loss of the parcel, RESEE will make a refund, as soon as possible, to the bank account which was debited for the order to the exclusion of any other compensation.

In the event of partial delivery of the order, the Delivery may be made in several instalments, and the right to cancel will only apply to the undelivered balance of the order.

8.5. Receipt of the Products by the Purchaser

Each Delivery is deemed to have been made as soon as the Products are delivered to the Purchaser by the carrier, and materialized by the control system used by the carrier.

The Purchaser is responsible for immediately checking the conformity and integrity of the Products shipped as soon as they receive the Products and for making any reservations and claims to the carrier which appear to be justified in the event of a delay, breakage, or missing products.

The Purchaser must indicate full and detailed reservations on the Delivery note. Pursuant to article L.133-3 of the French Commercial Code, any reservations must be confirmed by recorded delivery letter to the carrier within three (3) days of receipt. Where appropriate, this period is extended to ten (10) days if the carrier did not give a non-professional Purchaser the opportunity of checking the condition of the goods.

RESEE's Customer Service Department, whose contact details are shown on the Website, must also be informed of any reserves of this type within the same time limit and in the same way. A copy of the complaint sent to the carrier must be attached.

ARTICLE 9 – THE RIGHT TO WITHDRAW FROM THE CONTRACT AND RETURNS

9.1. The right to return a Product in the event of a sale by a nonprofessional Vendor

9.1.1. The right to return a sold Product excluding a “Final Sale”

As a commercial gesture, and only in the case where the Vendor is a non-professional, RESEE authorizes a non-professional Purchaser who is dissatisfied with the Product, to return the complete Product, in perfect condition and in its original packaging, to RESEE within five (5) working days of Delivery of the Product, so it can be put back on sale on the Website, without RESEE receiving any commission for the sale.

This commercial gesture is strictly limited to transactions which occur in France and for certain Products. All Products which are identified on the Product Sheet displayed on the Website as being “Final Sales” because of their rarity or their specific origin (hereafter “Final Sale”) cannot be the subject of any return apart from exercising the right to withdraw from the contract.

Furthermore, RESEE informs the Purchaser that only Products which are sold in the European Union, the United Kingdom and/or the United States can be returned within the scope of exercising the right to return which is offered to nonprofessional Purchasers. Sales of Products which are made in other territories are considered to be Final Sales and the Products cannot be returned apart from exercising the right to withdraw from the contract.

Because of shipping and French customs restrictions which apply to returns, the Purchaser will receive a prepaid shipping voucher for the Product after RESEE has confirmed that the Product can be returned.

RESEE reserves the right to invoice the Purchaser (now the Vendor) the costs stated in Appendix 2 in order to cover shipping, packaging, and processing costs. French Purchasers must return the Product to RESEE, at the address of its registered office (48 bis Avenue Kléber, 75116 Paris) or deposit it directly at the same address.

In order to exercise their right of return, the Purchaser must send an email to RESEE at the address [email protected] within five (5) working days after receiving the order, stating the order number in the subject line of the email and the reason for the return.

The Purchaser must organize the shipment of the Product to be returned with DHL within three (3) working days of receiving confirmation from RESEE of the right to return the Product or the pre-paid shipping voucher.

Once the Product has been received and inspected by RESEE, the Purchaser will be refunded the purchase price of the Product, less the abovementioned return costs and transaction fees, within thirty (30) calendar days of receiving the Product. The Purchaser will not be refunded the initial Delivery costs of the Product.

If the above-mentioned time limits are not respected, RESEE will be unable to accept the return of the Product, which may only be resold on the Website under the terms which apply to any Vendor.

9.1.2. The right to resell a Product sold in a Final Sale

In the event of a Final Sale of a Product for which no return is permitted, a Purchaser who does not wish to keep this Product can return it to RESEE for resale on the Website.

In this case the following process must be respected:

- The Purchaser must send an email to RESEE at the address [email protected] within five (5) working days following the receipt of the order, indicating the order number in the subject line and the reason for the return.

- If RESEE confirms the right for the Purchaser to return the Product, RESEE will send a prepaid shipping voucher. The Purchaser will then have a period of three (3) working days from receiving the prepaid shipping voucher in which to organize the collection of the Product with DHL.

- Once a Product has been received and inspected by RESEE, RESEE will enter the Product into the Purchaser’s Client Account who will receive the whole of the resale price for the Product after deduction of the costs of return mentioned in article 9.1.1 above and the transaction fees, for all returns other than those made on French territory, within a period of thirty (30) calendar days from the resale of the Product. The Purchaser will not be refunded the initial Delivery costs of the Product.

- If the Purchaser wishes to return a Product after the abovementioned period of five (5) working days from the receipt of the Product, they will be able to return it to RESEE for resale in accordance with the same process as set out above. The resale of said Product will then be subject to a Commission of twenty percent (20%) of the Product's resale price. Consequently, if the Product is resold, the reselling Purchaser will receive the full resale price of the Product, after the deduction of the twenty percent (20%) commission as well as the return costs mentioned in Article 9.1.1, and the transaction fees. The Purchaser will not be refunded the initial Delivery costs of the Product.

9.2. The right to withdraw from the contract for a purchase from a professional Vendor

It is expressly stipulated that the provisions of this article only apply to a sale which occurs in the European Economic Area between a professional Vendor and a nonprofessional Purchaser.

In accordance with article L.221-18 of the French Consumer Code, a nonprofessional Purchaser who has purchased a Product from a professional Vendor has a period of fourteen (14) working days from the date of the Delivery of the order to exercise their right to withdraw from the contract with the Vendor without having to give a reason for his decision or pay penalties.

If the Purchaser exercises their right to withdraw within the aforementioned period, they must complete the withdrawal form reproduced in Appendix 4. The Purchaser can also inform the Vendor of their intention to exercise the right to withdraw from the contract by any unambiguous means.

The Purchaser has a maximum of fourteen (14) calendar days from the date of notification of their decision to withdraw in which to return the Product to RESEE or to the Vendor.

The Product must be returned complete, in perfect condition and in its original packaging, accompanied by the delivery note, the invoice and a covering letter. This right of withdrawal cannot be exercised if the Product clearly shows signs of use which are not commensurate with simply trying said Product, and is not, in any event, in a condition which allows it to be resold to consumers.

Subject to these conditions, the Vendor undertakes to refund the Purchaser within a maximum period of thirty (30) days from receipt of the Product to the bank account which was debited at the time of the order.

If the right of withdrawal is exercised after the date the Products leave RESEE’s warehouses, the Purchaser shall pay the cost of returning the Products.

ARTICLE 10 – STATUTORY WARRANTIES

10.1. The Purchaser is expressly reminded that all Products on RESEE’s Website are second-hand products.

This means that the Products cannot have the same characteristics and the same guarantees of condition as a new product.

As such the Purchaser formally acknowledges that they have been informed of the “second-hand” nature of the Products on the Website and their condition of wear and use, in accordance with Article 4.1 and can never dispute this point.

10.2. Nonprofessional Purchasers can claim the benefit of the statutory warranty of conformity (article L. 217-3 et seq. of the French Consumer Code) and the statutory warranty against concealed defects (articles 1641 to 1648 of the French Civil Code) under certain conditions. PURCHASERS MUST ENFORCE THEIR STATUTORY WARRANTIES AGAINST THE VENDOR OF THE PRODUCT.

10.3. The Vendor warrants that the Products conform to their intended use and are free from defects or hidden faults which make them unsafe or unfit for their normal purpose other than those stated in the Product Sheet.

If a Product does not conform to the information given when the Product is displayed on the Website in accordance with Articles L. 222-5 and L. 217-3 et seq. of the French Consumer Code, or if the Product has hidden defects as specified in Articles 1641 et seq. of the French Civil Code, the Vendor shall refund the Purchaser within a maximum period of thirty (30) days, subject to respecting the abovementioned conditions and subject, concerning the application of the abovementioned articles of the French Consumer Code, to Article 10.4 below.

10.4. The Purchaser is expressly informed that the provisions of the French Consumer Code referred to in 10.2 and 10.3 of these General Terms and Conditions, and in particular those relating to the statutory warranty of conformity, only apply if the Vendor is a professional vendor and has been declared as such to RESEE, and the Purchaser is a consumer within the meaning of the French Consumer Code.

The statutory warranty of conformity: A Purchaser who is a consumer and who has purchased a Product from a Professional Vendor has a period of two years from the delivery of the Product in which to bring an action for the Product’s non-conformity. In the case of second-hand goods, the Purchaser has a presumption of coverage for a defect in the Product sold during the first twelve (12) months following Delivery of the Product. In case of non-conformity, the consumer is entitled to have the goods repaired or replaced, provided this is not impossible or would involve disproportionate costs, in accordance with Article L. 217-12 of the French Consumer Code, or, failing this, to have the price reduced or the contract rescinded.

The statutory warranty against hidden defects: Pursuant to Article 1644 of the French Civil Code, a Purchaser who has purchased a Product which is affected by a hidden defect may either opt to rescind the sale or reduce the sale price if they prove that the hidden defect existed at the time of sale. The Purchaser must bring an action against the Vendor within two years of the discovery of the hidden defect.

ARTICLE 11 – LIABILITY

11.1. RESEE cannot be held liable for any difficulties or harm inherent in the use of the Internet, in particular a disruption in service, external intrusions or the existence of computer viruses.

RESEE will not be liable for a breach of its obligations defined herein due to a case of force majeure.

Without prejudice to the provisions of the preceding paragraphs, RESEE’s liability to professional Purchasers under these General Terms and Conditions cannot exceed a sum which is equal to the sums paid or payable during the transaction giving rise to said liability, irrespective of the cause or the form of the action concerned.

11.2. Exclusion of RESEE’s liability – The fight against counterfeiting

RESEE undertakes to do its utmost to combat Product counterfeiting of the Products and implements numerous controls.

As such, RESEE requires the Vendor to provide proof of the authenticity of the Product which the Vendor puts on sale. This proof can be provided by any means. However, RESEE strongly recommends that the Vendor presents the Product’s certificate of authenticity.

Nevertheless, RESEE shall not be liable to the Buyer or to any third party in the event of the sale of a counterfeit Product. RESEE does not guarantee the authenticity of the Products posted on the Website in any way.

Thus, it is strictly specified that RESEE will not be held liable for a mistake concerning the nature of the Product sold, and in particular in the event of a counterfeit Product. The Purchaser cannot bring any action against RESEE on this basis, in any circumstances.

11.3. Exclusion of the guarantee on the origin of the Products – Fight against receiving stolen goods

In its capacity as merchant bailee and in order to prevent acts of receiving stolen goods, RESEE is bound by certain specific obligations arising from the provisions of articles 321-7 and R.321-3 et seq. of the French Penal Code, such as keeping a register of Products.

Although RESEE strictly complies with all of the above obligations, RESEE is unable to guarantee the origin of the Products and cannot be held liable if the sale of the Product offered by the Vendor constitutes an act of receiving within the meaning of articles 321-1 et seq. of the French Penal Code.

Thus, the Purchaser expressly accepts that RESEE is unable to verify the origin of each Product or the fact that the Vendor is the owner of the Product it is offering for sale.

ARTICLE 12 – PERSONAL DATA

Pursuant to Law No. 78-17 of January 6, 1978 on Data Processing, Data Files, and Individual Liberties as amended and European Regulation No. 679/2016 of April 27, 2016 on the protection of data, it is reiterated that the personal data which are collected to create an Account or to place an order via the Website are subject to automated data processing by RESEE as data controller.

The personal data relating to any User and/or the Purchaser which RESEE obtains when using the Website, and in particular, when placing an order on the Website, will be processed in accordance with applicable French and European regulations and in compliance with the principles of good faith, legality, transparency, and confidentiality.

RESEE shall ensure the security of the personal data it stores for the purposes of fulfilling and tracking orders.

Any User and/or Purchaser may consult the “Privacy Policy” at any time, which is accessible at the following address [https://resee.com/en/privacy-policy] and which provides full details of the methods for processing personal data.

ARTICLE 13 - INTELLECTUAL PROPERTY

All these intellectual creations are protected by copyright, trademark law, patent law, sui generis database law and image rights worldwide.

As such, any Reproduction, representation, modification or total or partial adaptation of the Website and/or of all or part of the components which are on the Website, or which are incorporated therein is strictly prohibited without RESEE's express prior written consent and is liable to constitute an infringement of copyright.

RESEE grants the User a non-exclusive and non-transferable right to use the Website and the original intellectual works and data contained on the Website. The right granted consists of the right to consult the original intellectual works and data contained on the Website online. This right of use is for a strictly private use only. All other rights are expressly reserved by RESEE.

Any other use of the Website, in particular commercial use, by the User is prohibited without the express written authorization of RESEE.

The “RESEE” trademarks are trademarks registered by RESEE. Any use, presentation and/or reproduction and/or partial or total exploitation of the "RESEE" trademarks, of any nature whatsoever, is totally prohibited without the owner's prior written authorization.

ARTICLE 14 – FORCE MAJEURE

Any event which is outside RESEE's control and which it cannot reasonably guard against, constitutes a case of force majeure within the meaning of article 1218 of the French Civil Code, and suspends the obligations of the Parties, including but not limited to: flooding, fire, storms, raw material shortages, transport strikes, partial or all-out strikes, lock-outs, technical breakdowns (EDF, ERDF, telecom operators, Internet Service providers or web hosts, Registrar, etc.), and energy supply outages (such as electricity), a failure of the electronic communications networks which RESEE uses and/or the replacement networks

RESEE shall not be held liable, or deemed to have failed in its obligations under these General Terms and Conditions, for any non-performance which is connected to a case of force majeure as defined by French law and case law, providing, firstly, it notifies the other Party, and, secondly, it does its utmost to minimize the loss and perform its obligations as quickly as possible after the case of force majeure has ceased.

ARTICLE 15 – MISCELLANEOUS PROVISIONS

15.1. The entire contract

These General Terms and Conditions, the Order Summary sent to the Client and, where applicable, the Special Terms and Conditions of Sale form a contractual whole and constitute the entire contractual relationship between the Parties.

In general, RESEE and the Client expressly agree that e-mails and automatic recording systems used on the Website shall be considered as proof of the nature and date of the order.

The Client may, if necessary, access the electronic contract entered into between them and RESEE, in accordance with the rules of ordinary law. To do this, they should contact the Customer Service by e-mail, providing all necessary information, in particular the order number and their contact details.

15.2. Non-waiver of the General Terms and Conditions

15.3. Partial invalidity

Where necessary, RESEE undertakes to immediately remove and replace said clause with a legally valid clause.

15.4. Notification

Unless otherwise stipulated in these General Terms and Conditions, all correspondence between the Parties is by e-mail.

Pursuant to articles 1363 et seq. of the French Civil Code, the Client hereby states that the information they provided to RESEE shall be deemed to be binding between the Parties until such time as a written document, authenticated and signed by both parties, is produced which calls into question this computerized information.

The value of the proof of information supplied by RESEE's computer systems is the value, which is accorded to an original written paper document, signed by hand.

15.5. Translation

These General Terms and Conditions have been translated from the French language into the English language. In the event of a contradiction or a distortion between the English language version and the French language version, the French language version will have priority.

ARTICLE 16 - MEDIATION

In accordance with the provisions of the French Consumer Code concerning “the mediation process for consumer disputes” the User is entitled to use the mediation service proposed by RESEE. The proposed mediator is the FEVAD (by post: consumer mediator FEVAD – BP 20015 – 75362 PARIS CEDEX 8 or by email: [email protected]).

Pursuant to article L. 612-2 of the French Consumer Code, the User must prove that they have tried to resolve the dispute directly with RESEE by letter addressed to its registered office or by email.

The User can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/od.

ARTICLE 17 – GOVERNING LAW – DISPUTES

The validity, interpretation and performance of these General Terms and Conditions are subject to French law.

ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, PERFORMANCE OR BREACH OF THE GENERAL TERMS AND CONDITIONS SHALL, IN THE ABSENCE OF AN OUT-OF-COURT SETTLEMENT, BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS. THIS ATTRIBUTION OF JURISDICTION IS VALID NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY NOTICES.

Complaints must be sent to the Website via the “Contact us” section or by sending an email to the address [email protected].

It is reiterated that any dispute or claim concerning the sale, description or delivery of the Products must be settled directly between the Vendor and the Purchaser.

APPENDIX 1 – DELIVERY COSTS

The Delivery costs for the Products vary in accordance with the country of Delivery and are automatically calculated and indicated in the order tunnel by the programming interface of the carrier, DHL.

APPENDIX 2 – THE SHIPPING COSTS FOR PRODUCT RETURNS

If the Purchaser wishes to resell the purchased Product under the terms of Article 9.1 of the General Terms and Conditions, RESEE reserves the right to invoice the Purchaser additional costs in order to cover the cost of shipping, packaging and processing the Product. The shipping costs charged by RESEE vary in accordance with the country of Delivery and are automatically calculated and indicated in the order tunnel by the programming interface of the carrier, DHL.

APPENDIX 3. GENERAL TERMS AND CONDITIONS OF THE PAYMENT SERVICES PROVIDER

APPENDIX 4 – WITHDRAWAL FORM

This form must only be completed and returned if the consumer Purchaser wishes to withdraw from the contract for the order placed on the Website, apart from the exclusions or limitations on exercising the right to withdraw from the contract in accordance with these General Terms and Conditions.

For the attention of RESEE, sis 48 bis Avenue Kléber, 75116 Paris

[email protected]

I hereby give notice of my withdrawal from the contract for the following order:

- Ordered on ........./........./.............

- If applicable, received on ........./.........../...............

- Order number: ..................................................................

- Purchaser’s number: .............................................................................

- Purchaser’s address: ........................................................................

Date: ........./........../..............

The Purchaser’s signature (only if this form is on paper):