GENERAL TERMS AND CONDITIONS
The Website is edited and operated by:
VULPILIST SAS (Simplified public limited company)
Head office address: 80G rue d’Ypres – 69004 Lyon - France
Share capital: 8,000€
Trade Registry Number: RCS 888 756 889
EU intra-community VAT number: FR 57 888756889
e-mail address: contact [at] vulpilist.com
Publishing Director: Maxime Pilard
The website is hosted by Sharetribe which details can be found at: https://www.sharetribe.com
ARTICLE 1・Subject matter
VULPILIST is a marketplace providing online intermediation services specialised in the sale of classic articles of clothing for men, which Web address is https://vulpilist.com (the “Platform”). The Platform is operated by VULPILIST, a simplified public limited company with its head office at 80G rue d'Ypres, Lyon (69004) France, registered with the Lyon trade registry under number 888 756 889.
The Platform connects potential buyers (the Buyers) and sellers (the Sellers) - whether professional or not - having a user account on the Website https://vulpilist.com (the Website) in order to sell or buy to each other new or second hand pieces of clothing (the Items) through the intermediation of the Platform.
These General Terms and Conditions (“GTC”) set out the conditions under which Buyers and Sellers (together referred to as “the Users”) may access the technological tools provided by the Platform.
ARTICLE 2・Scope of the General Terms and Conditions
These GTC apply without restriction or qualification to the use of the services and technological tools provided to Users or visitors by the Platform.
These tools allow Buyers and Sellers to register on the Site and contact each other. Once registered, Buyers may order Items, pay the price, confirm receipt and communicate with Sellers when necessary, and Sellers may list and describe Items for sale on the Site, collect the price, handle the after sales services and communicate with Buyers when necessary.
These GTC can be viewed at all time on the Website and shall prevail over any other conflicting version or document.
The binding version of the GTC applicable to a transaction shall be the version in force on the Website at the date of the order. VULPILIST retains the right to amend theses GTC from time to time. VULPILIST shall post the new version of the GTC on the Website and will notify the Users at least 15 days prior to the coming into force of the amendments. Users who do not wish to accept the new version of the GTC may cancel their account.
Access to the Platform is only allowed to Users having full legal capacity (adults over 18)
Users may only access the Platform after accepting these GTC and registering with the Website.
Users are given strictly confidential identifications and password.
Users must keep their codes confidential and may not divulge them to any third party.
Users are solely responsible for the use or their codes and access to the Platform, save evidence of a fraudulent use not imputable to the User.
If the User becomes aware of any fraudulent use of these codes, he or she shall immediately notify VULPILIST in writing by using the contact form or contact [at] vulpilist.com.
In case of breach to these GTC by User, VULPILIST shall have the right to interrupt temporarily or definitively User access, by suspending or terminating the GTC without notice or indemnities.
By registering on the Site, Users acknowledge and confirm that they agrees to comply with all terms of these GT. Users waive all the rights they may hold in contradiction with these GLD pursuant to any documents not binding on VULPILIST.
Users covenant to perform in good faith the transactions agreed through the intermediation of the Platform.
ARTICLE 3・Sellers obligations in connection with the sale of Items
The sales contract for Items listed on the Site by Sellers are entered into directly between the Seller and Buyer. VULPILIST shall be considered as a third party to said contract and does not act as an agent or representative of Users.
Sellers covenant to act in good faith and take all necessary steps in order to perform their obligations by delivering quality Items and services to Buyers and to provide their accurate bank details as well as the necessary information to open an account with the payment processor STRIPE in order to be able to collect payment in connection with the sale of their Items.
Professional Sellers (i.e Sellers acting for purposes relating to their business) are bound to identify themselves as such with Buyers and covenant to comply with all applicable law and regulation relating to the performance of a trade or commercial activity and to the Items sold through the Website, specifically regarding the 14 days cooling off period provided by Section L.221-18 et seq. of the French Consumer Code, during which Buyers may cancel their order without any specific reason.
On the user profile posted with each offer, Sellers must specify whether they are professional sellers. The fact for a professional seller to appear as a consumer may be qualified as misleading commercial practice, and may be sentenced to imprisonment for up to 2 years and to a fine up to 300.000 euros or 10% of the average turnover (Sections L.121-1 and D.111-8 of the French Consumer Code).
Sellers warrant that they are the owners of the Items offered for sale on the Website, or that they are duly authorized to perform the sale.
More specifically, Sellers shall not offer for sale counterfeit Items – pursuant to the French Intellectual Property Code - nor Items which sale through the Platform is restricted or prohibited by legal, administrative, or contractual provisions.
Sellers take sole responsibility for the sale of the Items they offer on the Website.
By completing the form on the Platform, Sellers undertake to provide loyal, detailed, and accurate descriptions of the offered Items so as to avoid misleading the Buyers, in compliance with the chart referred to in the page How it works, section "Condition and designation chart"・regarding the essential features of the Item (origin, composition, country of dispatch, size (see detailed size rules in the chapter How it works, section "How to correctly measure your garments", price and guarantees granted regarding condition of second hand Items.
Descriptions must also mention delivery and shipping terms.
Sellers warrant that all mentions on the Item’s description posted online on the Website are accurate.
Visual contents posted on the Platform must faithfully represent the Items offered for sale and shall not infringe any third-party rights. Sellers warrant VULPILIST that they have valid title to use these visual contents.
Sellers shall not use any visual content or any other descriptive element nor use language or messages which might be abusive or insulting, infringe public order or decency or the privacy or intellectual property rights of third parties, or infringe the law or regulations and might affect the image of the Platform. Any breach of this obligation might result in the suspension or termination of access to the Platform by VULPILIST pursuant to Section 7.
VULPILIST merely checks whether the Items offered for sale match the features listed in Section 3.7 and respect the "Universe" of the Platform. Failing that, VULPILIST may refuse listing of the Item. In the event of reiterated refusal, VULPILIST shall have the right to suspend or terminate access of the User to the Platform pursuant to Section 7. In no event shall VULPILIST control the content of the offer (description, photography, illustration, specifications, and specific contents drafted by the Seller, etc).
The Seller may cancel its offers, except for offers under transaction
Sellers covenant to secure the availability of the Items they offer for sale through the Plaform. Sellers are solely responsible in case of shortage of the Items, which is entirely under their control.
Once informed of an order from a Buyer on the Platform, Sellers must confirm the order within 3 working days following the order. Failing that, the sale shall be automatically cancelled, and the Buyer will be automatically refunded.
Confirmation of the order by the Seller implies that the Seller irrevocably covenants to ship the ordered Items.
Failing that, VULPILIST shall have the right to temporarily or definitively discontinue access to its services, by suspending or terminating such services pursuant to Section 7.
Once the order is completed (Buyer indicated that sale is over, or sale is automatically completed after 14 days), the Seller shall unpublish his listing.
The sales price of the Items is freely determined by the Sellers, in compliance with applicable law and regulation.
The sales price must be specified on the Website and shall include all applicable costs and taxes (including VAT, packaging and shipping costs, customs rights, etc.).
Delivery terms and costs shall be specified by Sellers. Sellers may chose to hand deliver the Item.
Seller must be given all necessary information for delivery of the ordered Items (name and delivery address of the Buyer).
Sellers covenant to ship the ordered Items within 3 working days after confirmation of the order.
Professional Sellers must issue a bill of delivery to the Buyer by the Seller, as well as a purchase invoice.
Items are shipped to the Buyers at the costs and at the risks of the Seller, who covenants to properly pack and ship the Items to avoid any damage or loss during shipment.
Items offered to sale by the Seller through the Platform must meet the following requirements (see examples in the page How it works, section "What can be sold on VULPILIST” :
- Items must not be counterfeit,
- Items must fit into the sartorial universe of the Platform, i.e. they must be manufactured in craft workshops by manufacturers (tailor, shoemaker, leather good manufacturers, etc.) or be branded,
- Items must be designed for men.
- Items must be clothes or clothing accessories (wallet, briefcase, suitcase, pen, hat, glasses, tie, scarf, cufflinks, etc.).
ARTICLE 4・Payment of Platform services
In remuneration of the intermediation services and of the offering of the necessary technological tools, the Buyer shall pay VULPILIST for each Item purchased on the Website, a commission amounting to the following (including taxes) :
- 15 % of the order price, tax included and before costs such as shipping.
This commission shall be subject to VAT.
ARTICLE 5・Payment terms
Upon placing an order on the Platform, the Buyer shall pay the order price with a bank card.
The amount paid by the Buyer in connection with the order shall be deposited on an account held by the payment processing platform STRIPE which will operate as an escrow account.
The amount paid by the Buyer shall be transferred to the Sellers’s STRIPE account (after deduction of the commission provided for in Section 4):
- At the date of confirmation by Buyer of receipt and fitness of the order,
- or 14 days after confirmation of the order by the Seller (pursuant to Section 3.4) provided no dispute or claim is filed by the Buyer with the Seller and the Platform during this period.
Once the amounts funds are transferred to the Seller’s STRIPE account Seller may give instruction to transfer the funds to its personal bank account, or set up an automatic or periodic transfer of the balance of its STRIPE.
VULPILIST shall have the right to suspend payment of the amounts owing to the Seller in case of breach of Seller’s obligations.
Users having accepted the General Terms and Conditions of the STRIPE payment platform shall be solely responsible for the communication of their banking data, and VULPILIST hereby disclaim any liability in this respect.
ARTICLE 6・Disputes relating to Items
Buyers may contact Sellers at any time and convey them any claim regarding the ordered Item by using the tool available in their personnel space (non-reception, non-compliance, etc…)
6.1 Sales by non-professional Sellers
In case of purchase from a non-professional Seller, Buyers must notify any claim in connection with the ordered Item to the Seller and to VULPILIST within 3 days after effective receipt of Items in. Payment to the Seller shall be suspended or cancelled, and Buyer will be refunded via the Platform. No claim shall be accepted after this 3-day deadline.
No return or claim shall be granted if the Item conforms to the order and bears no hidden defect.
As a matter of exception, a non-professional Seller may authorize a return for personal reasons (other than non-compliance or hidden defect) for example the garment does not fit the Buyer’s morphology. The Seller must mention this possibility in the offer. In this case, Buyer must post its request within the above mentioned 3-day deadline. Upon expiry of this deadline, the return will no longer be possible.
If the item is not delivered, Buyers must file a claim and inform the Platform within 14 days after confirmation of the order by the Seller (see Section 3.4) so that payment to the Seller be suspended or cancelled and the Buyer be refunded via the Platform. If the Buyer does not file a claim within this deadline, amounts owing to the Seller in connection with the sale shall automatically be transferred to the Seller, and the Buyer will have to deal directly with the Seller to obtain refund.
If the Buyer is refunded, VULPILIST shall keep the commission collected on the transaction in connection with the supplied services, especially regarding payment security and mediation.
6.2 Sales by professional Sellers
If the sale is performed by a professional Seller, the non-professional Buyer will be entitled to cancel the purchase within 14 days after delivery (Sections L.221-18 to L.221-28 of the French Consumer Code). Upon exercising this cancellation right, the Buyer shall be refunded by the Seller (via the Platform or pursuant to the provision of the GTC) and VULPILIST shall keep the commission collected on the transaction in connection with the services provided, especially regarding payment security and mediation.
If a claim is filed within the above mentioned deadline, and if the amounts are deposited on the STRIPE escrow account, amounts paid by the Buyer shall remain on this escrow account for a maximum of 90 days until the dispute is resolved.
Since the sales contract is entered into between the Purchaser and the Seller, Seller shall directly handle any claims from the Buyers.
Sellers must try to solve the dispute amicably.
To that purpose, VULPILIST may, at the request of the parties having entered the transaction, as act a “mediator”. To that effect, each party may chose to send a description of the dispute matter to VULPILIST on the Contact form or at contact [at] vulpilist.com, and, if necessary, VUPILIST will try to contact the counterparty in order to solve the dispute.
If the dispute cannot be solved between parties in spite of VULPILIST assistance, parties shall be in charge of solving the dispute, and the amounts owed pursuant to the transaction shall remain on the STRIPE escrow account for a maximum of 90 days until dispute is settled, either amicably or by court.
Delivery costs for the return of the Item to the Seller shall be borne by the Seller or by the Buyer depending on their agreement.
Return of an Item by the Buyer for any reason shall be at the risk of the Buyer until reception. Buyer must contact the Seller in advance to confirm delivery details.
If purchase is made from a non-professional Seller, the Buyer shall not be entitled to the 14-day withdrawal period nor to the legal guarantee of conformity provided for by Section L 217-4 of the French Consumer Code. General provisions of the French Civil Code shall apply, including the product defect guarantee available under Section 1641 et seq. of the French Civil Code, and provisions regarding contractual obligations and contractual liability.
ARTICLE 7・Termination of access to the Platform services
Users may discontinue their use of the Platform without any cause, subject to the performance of their obligations under ongoing sales contracts (orders or payment).
In the event of a breach by the User of its legal or regulatory obligations or of the obligations set out by these GTC, VULPILIST may suspend or terminate access to the services, and the User will not be entitled to any damages.
ARTICLE 8・Referencing & ranking
VULUPILIST applies no referencing policy to the Sellers other than the classification of the Items offered for sale according to the features listed in 3.7, and the prohibition of access for underage Users.
By default, offers are ranked chronologically and according to the search criteria used by the User or the visitor (Item type, size, condition, price, etc.).
ARTICLE 9・Review of the transactions
Users may only post reviews regarding performance of the transaction, in the form of a written comment and a thumb up or thumb down.
Reviews are not monitored by VULPILIST. Users or visitors experiencing a review in violation with these GTC shall notify VULPILIST via the Contact form or at contact [at] vulpilist.com and VULPILIST may remove the review.
Reviews attached to the User are visible by other Users and are ranked chronologically. No remuneration is paid to the User nor to VULPILIST for the posting of a review.
ARTICLE 10・Personal data protection policy
ARTICLE 11・Intellectual property
The site content belongs to VULPILIST and its partners and is protected by French and international intellectual property law and regulations.
Total or partial copy of this content is strictly forbidden and may constitute an infringement.
VULPILIST only acts as a host and does not sell the Items. Accordingly, VULPILIST may not be held liable for the sale between the Seller and the Buyer to which it does not take part. Items may not be returned to VULPILIST nor exchanged by VULPILIST, and any claim regarding a sale performed via the Platform must be directly handled between the Seller and the Buyer.
VULPILIST is only liable as a host and does not monitor the contents published on the Platform prior to their posting.
The User shall guarantee and compensate VULPILIST on first demand in case of any damage or legal action taken against VULPILIST due to the fault of the User and in particular because of the contents and reviews posted on the Site by the User, or in case of violation by the User of any third party right.
Users shall not use visual contents or other descriptive wording or post messages which would be abusing or insulting, violate public order or morality or infringe intellectual property rights, the law or regulation or affect the image of the Platform. In the event of such violation or infringement, VULPILIST shall be authorized to suspend or terminate access to the Platform pursuant to Section 7.
Any User or visitor of the Website who experiences any content contrary to the above provision (offer, review, comment) may notify VULPILIST via the Contact form or at contact [at] vulpilist.com. VULPILIST will be entitled to cancel all contents which are contrary to the GTC.
VULPILIST shall take all reasonable available steps to ensure accessibility and quality of the Platform. In this respect, and in respect of all its obligations VULPILIST has only a duty of care.
VULPILIST shall not be held liable for any direct or consequential damages that may arise in connection with any use of the Platform which would not comply with these GTC and with its services. Furthermore, VULPILIST disclaims all liability regarding the proper operation of the IT equipment of the User, of Internet access, and of servers.
Viewing an offer and placing orders on the Internet imply awareness and acceptance of the risks and features of Internet, namely regarding technical performance, response time, interruption risk, virus and broadly speaking any risks related to login and transfer data on the Internet.
Buyers must take all appropriate steps to protect their own data and the information stored on their IT equipment.
If for any reason any term or provision of this GTC is held to be invalid or unenforceable pursuant to law, to regulation or to an enforceable decision of a court having jurisdiction, such invalidity shall not affect any other terms or provisions of this GTC, which shall remain valid and enforceable.
ARTICLE 14・Governing law
These GTC and the transactions entered on its basis shall be governed by, and construed in accordance with the law of France, save any binding legal provision to the contrary.
ARTICLE 15・Dispute between Users and VULPILIST
In the event of any dispute relating to the construction or the enforcement of these GTC involving a professional Seller or Buyer, parties hereby submit to the exclusive jurisdiction of the Lyon courts.
Claims must be filed via the Contact form or at contact [at] vulpilist.com.
Users are reminded that any dispute arising between a Buyer or Seller, or any claim regarding the sale, the specifications or the delivery of an Item must be directly settled between the Buyer and the Seller.
In the event of a dispute with VULPILIST, non-professional (consumer) Users are hereby informed that, after filing a claim, they may turn to a mediator.
The User may also contact the online dispute resolution platform operated by the European Commission: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
ARTICLE 16・Monitoring by the French authorities
Pursuant to Sections 242 bis et seq. of the French General Tax Code, VULPILIST must communicate to the French tax authority a summary of transactions performed by a Seller whose turnover exceeds 3,000 euros or who performed more than 20 transactions during one year.
VULPILIST communicates the transaction summary to the USERS via their account to allow them to meet their tax and social obligations. Further details regarding said tax and social obligations may be found at:
- Regarding tax obligations: https://www.impots.gouv.fr/portail/node/10841
- Regarding social obligations: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html
Each User must file the appropriate tax returns especially with respect to VAT. In case a User is being reported by the tax authorities, VULPILIST may be compelled to suspend or terminate the use of the Platform by any User who fails to comply with tax regulation, especially with respect to VAT.