- Is the trading name of Huntessa S.a.r.l, company registered at the Registre de Commerce et des Societes in Luxembourg, authorized by the Seller for the purposes of concluding the Transaction relating to a Product, and legal and economic owner of all the rights relating to the Website
- Customer buying or having bought a Product Commission
- Amount received by HUNTESSA due by the Seller in exchange for the services provided by HUNTESSA, including intermediation services. The commission is included in the Price.
- Individual, which can be Buyer and/or Seller of legal age and legally capable or any visitor of the Website.
- Final Sale
- The sale is considered final if the Buyer did not execute on his right to return the Product according to the HUNTESSA’s Return Policy according to Article 3 of the GENERAL TERMS & CONDITIONS “BUYING PRODUCTS”.
- New Condition
- We define “New Condition” as everything that looks and feels freshly made, with no signs of wear or defects. Shoes may have light marks on the sole.
- Price all tax included (excluding customs duties) amount paid by the Buyer in exchange for the Product to HUNTESSA. The Price includes the Commission, but does not include the shipping cost.
- Item being offered for sale on the Website
- Seller Customer who is the legal owner of the item offered for sale on the Website.
- Seller Price
- Seller Price amount all tax included paid by the Buyer for the Product, excluding Commission.
- Website provides services enabling Customers to sell and/or buy fashion items using the website as an intermediary.
- Sale transaction of a Product by a Seller for the benefit of a Buyer made via Website.
- HUNTESSA website accessible at the following address: www.huntessa.com
1. PURPOSE OF THE GENERAL T&C’s
HUNTESSA provides its Customers with services allowing them to sell and buy fashion items. These services are available directly on the Website. These General T&Cs are applicable to all Customers of the Website and define the terms and conditions on which HUNTESSA provides access to the Website and provides Customers with the Services. The General T&C’s consist of four parts:
- General T&C applicable for all Customers
- Seller Service Agreement
- General T&C applicable for the Buyers
All Customers should read all the General T&Cs carefully, as they affect their rights and liabilities, and ensure that they understand them, before using the Website. Browsing the Website, including but not limited to redirection from a search engine and/or from another third party onto the Website, automatically implies unreserved acceptance of all of the provisions of the General T&Cs regardless of whether or not they complete any Transactions through the Website. If a Customer does not want to be bound by the General T&Cs, he/she should not access, register or use Website.
2. CUSTOMER PUBLICITY RIGHTS
Customers hereby expressly permit HUNTESSA to safeguard and use all the information contained in the Profile Information. This permission is granted for so long as the Customer has an account and/or Profile Information on the Website.
3. CONSEQUENCES IF PRODUCTS CANNOT BE SENT BACK TO THEIR OWNERS
If it is impossible to deliver a product to the Buyer or to the Seller, on a Product return due to non-conformity, specifically when the address indicated is incorrect or the package has been returned as it was not received by the recipient, an email is sent to the Product’s owner. In the absence of any reply, the Products will be kept at their owners’ disposal and at their risk and expense (including storage and handling costs), for a period of 3 months from the sending of the email by HUNTESSA. Users wishing to retrieve their Products may ask to do so by sending a recorded delivery letter with acknowledgement of receipt to HUNTESSA at the registered HUNTESSA address. In this case the Product will be returned to the Product owner only upon receiving by HUNTESSA compensation of transportation costs. If no claim for the return of Products is made to HUNTESSA during such three (3) month period, HUNTESSA will acquire title to any unclaimed Products. These Products will, if necessary, be destroyed.
4. PERSONAL DATA
5. INTELLECTUAL PROPERTY/COUNTERFEITING
All text, illustrations and images, in all possible format, and reproduced on the Website are protected by copyright, trademark law and/or patent law and on a worldwide basis. All total or partial reproductions of the Website are strictly prohibited, and shall be considered an infringement of the rights of HUNTESSA.
HUNTESSA has zero tolerance for counterfeit. On that basis, HUNTESSA undertakes to apply the procedures of fights against counterfeit for the benefit of Customers and holders of rights. By examining Products before listing them on the Website, HUNTESSA does everything to fight against counterfeiting or against the sale of Products which would be banned from being sold. In the case of doubt as to the authentic nature of a Product, HUNTESSA reserves the right to ask the Seller for all documents certifying the authenticity of the said Product (originals of the invoice). If such documents are not received or HUNTESSA is not satisfied that Product is authentic, HUNTESSA will return the PRODUCT to the Seller at the Seller’s cost. If HUNTESSA has any doubt about the authenticity of a Product, under no circumstances such a product will be listed on the Website.
6. RULES OF GOOD CONDUCT APPLICABLE TO ALL CUSTOMERS
All Users agree to enter into sales/purchases in good faith in accordance with applicable laws and regulations and these General T&Cs. HUNTESSA shall serve a cease and desist notice on any Customers who behave or act in a way that is likely to mislead, HUNTESSA may decide to suspend or terminate a Customer’s access if such Customer has, for example, been the subject of several lawful complaints or claims or has sent several Products which do not conform with the HUNTESSA policy on the conditions of the items. Customers shall not make any comments about the Website that may be defamatory or damage the reputation of HUNTESSA. HUNTESSA shall also be authorized to suspend or terminate the services for Customers according to Section 10 below.
7. HUNTESSA SERVICES
HUNTESSA provides online consignment services and Customers acknowledge that HUNTESSA’s role is to act as an intermediary between Customers. In this respect HUNTESSA does not act as a reseller of the Products and at no time becomes the owner of the Products.
8. HUNTESSA’S LIABILITY
HUNTESSA remains liable by law. If you are using the Website as a Buyer, you have certain rights as a consumer, including legal rights relating to faulty or misdescribed goods. Nothing in these General T&Cs will reduce these legal rights. For further information about your legal rights, contact your local trade authority.
We cannot accept liability for damage to products we have supplied which is caused by your negligence.
Any content downloaded or otherwise obtained through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
During the performance of Services, HUNTESSA shall not be liable for any claims or losses in connection with or arising from the contracts that Customers enter into with each other via the Website unless HUNTESSA is at fault.
You are responsible for the legality of your actions under the laws that apply to you. In particular you acknowledge that you are solely responsible for all tax obligations related to the Transactions completed via the Website. You also acknowledge that HUNTESSA is not responsible for warning, informing, assisting or substituting Customers or providing them with any type of advice regarding any tax issues or obligations related to the Transactions completed via the Website.
Customers are informed that HUNTESSA may disclose any information concerning them, including personally identifiable information, to the judicial and administrative jurisdictions, and to the competent fraud and crime control authorities.
9. ACCEPTANCE OF IT OR ELECTRONIC ELEMENTS OF THE WEBSITE AS EVIDENCE
To the extent necessary and for evidentiary purposes, HUNTESSA shall be expressly permitted to avail itself of any programs, data, files, recordings, identifiers, passwords, transactions or other elements from the Website in computer or electronic format or media and created, received or stored directly or indirectly by HUNTESSA in its IT systems.
10. SERVICE SUSPENSIONS AND TERMINATION
In the event of a breach of any of these General T&Cs HUNTESSA may suspend a Customer’s access to HUNTESSA’s services to allow for, among other things, the dispute to be resolved, if possible. HUNTESSA reserves the right to terminate the Customer’s access to the services. Prior to such termination, an email will be sent to the Customer concerned informing them about this measure including the reasons for the termination. Moreover, HUNTESSA reserves the right to immediately and without prior notice terminate the services provided if a Customer’s conduct seriously breaches these General T&Cs, particularly in the following cases: the sale of counterfeit items or items that have been banned from sale, creation of several accounts, payment method fraud, attempted fraud or any other criminal offence. Such measures shall not give rise to any compensation whatsoever from HUNTESSA.
11. COMPLAINS AND CLAIMS
Any complaint/claim regarding the services HUNTESSA provided should be sent to firstname.lastname@example.org
12. TERM AND VALIDITY
Customers will be bound by these General T&Cs once they access the Website and until their account is cancelled, regardless of whether or not Users complete any Transactions. These General T&Cs may be modified from time to time and/or supplemented by other sections. HUNTESSA reserves the right to modify its General T&Cs at any time, without notice or obligation to give reasons for its decision and without its liability being incurred thereby. The applicable General T&Cs are those in force on the date of use of the Website by Customers.
13. APPLICABLE LAW
These General T&Cs are governed by the laws of Luxembourg. In the event of a dispute between the Customer and HUNTESSA concerning the interpretation, performance or termination of this document, HUNTESSA strongly encourages Customer to contact the company in the first instance to attempt to resolve the disagreement amicably. If no solution to the dispute is found, HUNTESSA and the Customer agree to refer to the dispute to the Luxembourg Court.