I, the Seller, hereby entrust, in exclusivity, to: Huntessa S.a.r.l, registered at the Registre de Commerce et des Sociétés in Luxembourg:
- to receive in safekeeping the Products which I have deposited with HUNTESSA;
- to verify the quality of the Products;
- to put on sale on my behalf, the Products on the internet site www.huntessa.com, by creating and displaying on the site a description and the photographs of the Products;
- to manage on my behalf all of the acts related to the sale of the Products, including:
- a. their packaging and shipping to a Buyer upon the sale of the Products;
- b. to receive on my behalf the amounts transferred by a Buyer of the Products, corresponding to the Price of the Products as selected by me, from which will be deducted the commission due to HUNTESSA.
I authorize HUNTESSA to debit from the Price the Commission which is due to it in consideration of all of the services provided, in accordance with the current Seller Service Agreement.
I declare that I am the sole owner of the Products, that I can sell the Products and that I have the full legal capacity to sell the Products.
I acknowledge that I am solely responsible for the authenticity and the origin of the Products.
I acknowledge that I have read, understood and undertake to respect the Seller Service Agreement.
I am aware that HUNTESSA is not and will not in any circumstances be the owner of any Products, except in the situation where it decides to purchase them.
0.1. HUNTESSA provides Consignment Service (“Services”) allowing the Seller to entrust HUNTESSA with the entire management of a Product sale (from picking up the Product from the Seller to distributing the Product to the Buyer, if necessary, if it is sold, dealing with the returns and customer service), and with responsibility for storing the Product on HUNTESSA’s premises throughout the period specified in Article 7.
0.2. The Service is performed as part of the online intermediary services provided by HUNTESSA. The Services offered by HUNTESSA are provided under the terms of (1) the General Terms and Conditions governing use of the Website; (2) Seller Service Agreement.
0.3. Should there be a contradiction or inconsistency between the terms and conditions set out in this document and those in the General Terms and Conditions, the terms of this document shall take precedence to the extent necessary for resolving the contradiction or inconsistency.
2. HUNTESSA’S REPSONSIBILITY FOR THE SELLER PRODUCTS
2.1 The Seller shall dispatch the Products or make them available to HUNTESSA or its appointed courier. Leaving Products at the premises of HUNTESSA is a confirmation of your acceptance of the Seller Service Agreement.
2.2 According to the HUNTESSA policy for the goods which are eligible to be sold on www.huntessa.com, HUNTESSA will carefully select from the items proposed by the Seller, the Product(s) it agrees to list for sale. The criteria that HUNTESSA will use to select the Products which qualifies for the Seller Services Agreement include but not limited to the following: brand, condition of the item (only in like new condition), authenticity.
2.3 When qualifying for the Services, the Seller undertakes to sell the Product or Products only and exclusively through HUNTESSA. Consequently, from the time that HUNTESSA agrees to take responsibility for and to manage the sale of the Seller’s Products on his/her behalf, the Seller shall refrain from offering the Products through any other channel whatsoever.
2.4 If the Product has not been sold during the period referred to in Article 6 below, this exclusive right will automatically cease.
2.5 It is Seller’s responsibility to confirm the origin, authenticity and conformity of Products.
2.6 The Seller undertakes to promptly notify HUNTESSA of any changes to his/her contact information and mailing address.
3. SELECTION OF PRODUCTS BY HUNTESSA
3.1 It is HUNTESSA Policy that only authentic luxury top-end fashion goods in New Condition are offered on www.huntessa.com. HUNTESSA’s team personally verifies authentication, condition and accepts all incoming stock to ensure that all the items offered qualify for this strict Policy.
3.2 We define “New Condition” as everything that looks and feels freshly made, with no signs of wear or defects. Shoes may have very light marks on the sole.
3.3 HUNTESSA will carefully select, from the items proposed by the Seller, the Product(s) it agrees to offer for sale under the Services.
3.4 If, on receiving Product(s), HUNTESSA notices that Product(s) do not comply with HUNTESSA Policy and/or counterfeit HUNTESSA retains the right not to provide the Services for the Product(s) concerned. Where this is the case, HUNTESSA will inform the Seller by email before returning the Product(s) to him/her at Seller’s cost. HUNTESSA retains the right to reject offering the Seller’s Product(s) without providing a reason.
3.5 Where HUNTESSA decides to return the Product(s) to the Seller for the reasons set out in 3.3 above but fails to do so because it is unable to contact the Seller by email or by telephone or is unable to return the Product(s) due to an invalid mailing or email address, HUNTESSA will store such Product(s) on its premises for a period of three (3) months from receipt of the Product(s). Any Products which have not been claimed within this period will be destroyed.
3.6 Under no circumstances HUNTESSA should be considered as a reseller of the Products and at no time it will become the owner of the Products.
3.7 The Seller authorizes HUNTESSA to use the Product(s) for any photo shoot organized by HUNTESSA anywhere in the world.
4. PRICE DETERMINATION OF PRODUCT(S) SOLD USING THE SERVICES
4.1 Once HUNTESSA has selected the Products, a list including a Price proposal for each Product is sent to the Seller. HUNTESSA uses different criteria to determine the Price proposal of Products, including the sale and/or purchase Price of same/similar Products listed on the website, current fashion trends and market demand and expectations for that type of Product in general at the time it is offered for sale. The Seller may accept or refuse the proposal, and if applicable, state the Price at which he/she would like to offer his/her Product(s) for sale.
5. CREATING AND UPLOADING A PRODUCT DESCRIPTION
5.1 Once the authenticity and quality check has been carried out and the Price for the Product has been set and approved by the Seller, HUNTESSA will upload the Product Description together with the photos of the Product taken by HUNTESSA. These photos remain the exclusive property of HUNTESSA, which owns the intellectual property rights subsisting in these photos. The Seller shall not acquire any such intellectual property rights (or any other rights) and shall be prohibited from using, broadcasting and reproducing said photos. HUNTESSA stores the Products offered on the Website on its premises until they are actually sold or until expiry of the Services for that Product.
5.2 HUNTESSA reserves the right to promote the Product in any shape or form, in particular, but not limited to its Website, on partner websites, social media, during photo and video shoots.
5.3 HUNTESSA will not disclose or publish any personal information concerning Customers, including Sellers.
5.4 HUNTESSA undertakes to do everything possible to ensure that Products are selected and approved, and the Product description uploaded, within a reasonable timeframe from their receipt by HUNTESSA. However, HUNTESSA is only responsible for providing the Service and cannot guarantee that the Products for which the Services are offered will be sold and shall, under no circumstances, be held liable if the Product remains unsold on expiry of the Services, the term of which is specified in Article 7 of this document.
6. PRODUCT SALES AND PAYMENTS TO SELLERS
6.1 HUNTESSA undertakes to pay to the Seller the proportion of the sum received from the Buyer, in accordance with the terms stated in Article 4.1, from which the ‘Commission’ described below has been deducted (“Seller Price”).
6.2 The Seller is aware and accepts that her/his Product(s) could be sold on the Website including on its mobile app and offline.
6.3 HUNTESSA shall only be liable for loss or damage of the Product(s) from the moment it takes possession of the Products and for the duration of the storage on HUNTESSA’s premises. Once shipped, HUNTESSA shall have no liability for any loss or damage of the Products. In the event that any Product is lost or damaged whilst in the possession of HUNTESSA, HUNTESSA will refund the Seller at the Seller Price.
6.4 Seller will receive the Seller Price within 20 days after the Final Sale has occurred. The sale is considered final if the Buyer did not execute on his right to return the Product according to the HUNTESSA Return Policy as described in Article 3 in GENERAL TERMS & CONDITIONS “BUYING PRODUCTS”.
6.5 In return for the Services provided to the Seller by HUNTESSA and should a Product be sold, HUNTESSA will take a commission. The Commission taken by HUNTESSA is included in the Product Price. The Commission will be 30% of the sale Price.
7. TERMS OF THE SERVICES AND RETURN OF PRODUCTS
7.1 HUNTESSA will provide the Services for a period of 36 months from the first date on which the Product or Products are listed on the Website. The Services will end before the expiry of the 36 months period if the Product is sold during this period or if the Seller wishes his/her Product to be returned before the end of this period.
7.2 If the Seller wishes to terminate the Services provided by HUNTESSA, asking for his/her Product(s) to be returned, he/she shall make the request in writing (firstname.lastname@example.org). In such a case, HUNTESSA will send the Product(s) to the billing address given by the Seller. The Seller will be responsible for all shipping costs as well as for any and all customs charges (if applicable).
7.3 At the end of the 36 months period, HUNTESSA reserves its rights, at the Seller’s option, to: – return the Seller’s unsold Products, free of charge, to the billing address he/she has given or, – upon agreement with the Seller list the Product(s) for sale at reduced price during the following 12 (twelve) months. The Seller may always extend the contract with HUNTESSA’s consent in writing. If after a further 12 months the Products remain unsold despite the price reduction, or if any unsold Products sent back to the Seller are returned to HUNTESSA due to the Seller having given an incorrect address, HUNTESSA will inform the Seller of this by email and/or by telephone. Should the Seller fail to respond after 14 (fourteen) days of being informed, HUNTESSA may freely dispose of the unsold Products, in particular, by destroying the Products.
8. PRIVACY AND PERSONAL DATA
8.1 The seller is solely responsible for the data he/she communicates to HUNTESSA under the Service and states that the data provided when he/she signs up for the Service is accurate.
9. MODIFICATION OF THE CONSIGNMENT SERVICES AND OF THE RELATED CONDITIONS OF SALE
9.1 HUNTESSA reserves the right, in any situation and at any time, to modify the Services for technical, legal or statutory reasons or to make any modification that would not substantially or negatively affect the services from the Seller’s point of view.
9.2 HUNTESSA also reserves the right to amend these terms and conditions (including the Commission) subject to informing the Seller beforehand. The amendments will only apply to Products that have not been received by HUNTESSA at the time of the amendment.