Terms of service

General Terms of Use updated as of February 11, 2021

  1. DEFINITIONS

For the purposes of these General Terms of Use (GTU), all the following terms, when capitalized, shall have the meanings set forth below, and shall be understood in both their singular and plural forms:     

  • Listing: Publication on the Site, by which a Seller offers a Product for sale;  
  • Client: Refers to a User of the site who has benefited or is benefiting from the Services;
  • General Terms of Use (GTU): The General Terms of Use are made available on the Site. They define and delimit the conditions of use for any person who accesses and uses the Site;
  • Seller General Terms of Service (SGTS): Refers to the Seller General Terms of Service of the Site; 
  • General Terms and Conditions of Sale (GTCS): Refers to the General Terms and Conditions of Sale of the Site;
  • Account: Refers to an access system requiring a personal username and password, allowing the Client to purchase Products offered for sale by the Seller;
  • Personal Data: Within the meaning of Article 4.1 of the GDPR, refers to any information relating to an identified or identifiable natural person; an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; 
  • Feature(s): Each element implemented, accessible, and usable within the various Services;
  • Day: Refers to a calendar day in France; 
  • LE DRESSING DES ALPILLES: Refers to the Site;
  • Means of Access: Methods and/or functions by which the User can access one or more Services in order to use them for their own needs;
  • Operator: Company that operates various electronic telecommunications networks necessary for accessing and using the Services;
  • Service Provider: Refers to SAS Le Dressing des Alpilles, a French simplified joint-stock company, located at route des Baux 13210 SAINT-REMY-DE-PROVENCE, registered with the Tarascon Trade and Companies Register (RCS) under number
    983 172 644, and owner of the Site LE DRESSING DES ALPILLES; 
  • Product: Refers to fashion Products (clothing, accessories, leather goods, shoes, etc.) offered for sale by Sellers through the Site;
  • Services: All services made available to the User by the Service Provider, owner of LE DRESSING DES ALPILLES, and accessible via the Means of Access;
  • Site: Refers to the website allowing Users to access the Services, namely: contact@ledressingdesalpilles.fr
  • Third Party: Refers to natural or legal persons who have not accepted these GTU, who are not linked by common ownership or control to LE DRESSING DES ALPILLES, or other individuals unrelated to LE DRESSING DES ALPILLES and/or the User;
  • User: Refers to any natural or legal person accessing the Site;
  • Seller: Refers to a professional or private individual using the Site to sell luxury and second-hand products through the Site.

  

  1. PURPOSE OF THE GENERAL TERMS OF USE

The purpose of these General Terms of Use is to define the terms for making the Services of the LE DRESSING DES ALPILLES Site available and the conditions of use of the Services by the User.

These GTU also aim to determine the conditions and procedures for creating and managing an Account.

By accessing the Site, the User expressly acknowledges having read these General Terms of Use and undertakes to comply with them. 

For any request for information or contact, the User undertakes to contact LE DRESSING DES ALPILLES by email: contact@ledressingdesalpilles.fr. 

 

  1. ACCEPTANCE OF THE GENERAL TERMS OF USE

These General Terms of Use apply to all Services made available by the Service Provider on the Site as presented herein.

The GTU are available for consultation on the Site at any time. The User accepts that these GTU will not be sent to them in paper format.

If the User does not wish to accept all or part of these GTU, they are requested to renounce all use of the Services.

Simple access to the Site by any person with an Account implies full and unreserved acceptance of the GTU. 

As such, the User alone undertakes to read the GTU upon their first access and throughout all subsequent connections.

These GTU are supplemented by: 

  • The Seller General Terms of Service;
  • The Client General Terms and Conditions of Sale; 
  • The Site's Legal Notice;
  • The Personal Data Protection Policy.

 

  1. DESCRIPTION OF THE SITE

LE DRESSING DES ALPILLES is a platform whose objective is the online sale of second-hand luxury Products within the framework of an online consignment sale.

In this regard, this platform allows Clients to purchase, directly online, second-hand luxury Products that have been verified and then listed online by the Service Provider, acting as consignee.

A Seller wishing to sell a Product through the Site must first contact the Service Provider so that it can validate their request and provide an initial estimate. 

Should the Service Provider validate the Product, it proceeds to verify its authenticity on a case-by-case basis, using various techniques, to identify any counterfeits and enable it to validate the estimated price. 

For certain products, particularly leather goods, this verification will be carried out using an artificial intelligence tool. Conversely, Products whose authenticity cannot be checked by this tool will be subject to prior inspection by the Service Provider. 

Once the authenticity and quality of the Products are approved, the Service Provider unilaterally sets the selling price of the Product based on its valuation in the second-hand market, the condition of the Product, and original items (such as an invoice, Product tags, etc.)

Consequently, if the Seller accepts, the Service Provider lists the Product online at the selling price chosen by the Service Provider. Should the consigning Seller refuse the selling price set by the Service Provider, the Service Provider reserves the right to refuse the Product, under certain conditions.

The platform is exclusively reserved for Sellers offering second-hand luxury fashion Products such as clothing, accessories, shoes, and leather goods. 

The Site, as well as the Service Provider, are in no way sellers of the Products presented on the Site, which are offered by the Sellers. The Service Provider acts as a consignee within the framework of an online consignment sale. 

The Services accessible via the Site are described in Article 6 hereof.

The LE DRESSING DES ALPILLES Site is available in French.

 

  1. ACCESS TO THE SITE

Simple access to the Site requires neither an access code nor an identifier.

The Site, as well as the Services, are accessible and usable twenty-four hours a day (24/7), seven days a week (7/7), provided one has a computer terminal allowing connection to the internet and internet access.

The Site is accessible free of charge to any User with internet access. All costs related to accessing the Service, whether material, software, or internet access fees, are exclusively the User's responsibility. The User is solely responsible for the proper functioning of their IT equipment and their internet access. 

The Service Provider reserves the right to refuse access to the Service, unilaterally and without prior notification, to any User who does not comply with these GTU. 

The Service Provider implements all reasonable means at its disposal to ensure quality access to the Service but is under no obligation to achieve this. 

Furthermore, the Service Provider cannot be held liable for any network or server malfunction or any other event beyond reasonable control that would prevent or degrade access to the Service. 

The Service Provider reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Service without prior notice, in order to ensure its maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

The Site and Services are intended solely for adults with legal capacity. Any access to or use of the Site or Services by a minor is strictly prohibited, except with the prior and express agreement of their legal representatives. 

By accessing or using the Site or Services, the User declares and warrants that they are of legal age and have full legal capacity.

 

  1. DESCRIPTION OF SERVICES PROVIDED BY THE SITE

All these elements are referred to herein as "Services".

6.1 Features accessible to Users from the Site without an Account connection

From the Site, without prior registration for a personal Account, Users can:

  • Access the online Account creation form;
  • Access general information about the Site's Services; 
  • Contact LE DRESSING DES ALPILLES to use its Services, or for any other reason;
  • Access links to social networks managed by the Service Provider;
  • Access information relating to Data protection, general terms and conditions, cookie management policy, and the Site's legal notice.

These Services are accessible to all Site Users regardless of their location.

6.2 Features accessible from the Site to Clients logged into their Account

From the Site, once logged into their Account, Clients can: 

  • Access a personal interface for managing their Account;
  • Access their profile and, if necessary, modify at any time the personal information provided during Account creation;
  • Search for Product types based on various criteria;
  • Purchase Products offered by Sellers on the Site; 
  • Access a basket containing all Products selected by the Client; 
  • Choose the Product delivery method;
  • Use a promotional code; 
  • Pay for Products via PAYPAL, MOLLIE, or by bank transfer;  
  • Access an order history on the Client's personal interface;
  • Leave comments on the Site;
  • Share the Site and/or Products on social networks; 
  • Log out of the Account.

Services related to the purchase of Products can only be used by Clients who meet the conditions set out in Article 8 of the General Terms of Use.

It is also recalled that any Client wishing to place an order on the Site must accept the Client General Terms and Conditions of Sale.

 

  1. ACCOUNT CREATION AND MANAGEMENT

7.1 Conditions for Account Creation

Account creation is reserved for Clients who are of legal age and possess legal capacity.

The Service Provider reserves the right to refuse registration without justification, and to verify any registration in order to validate it.

In this context, the Service Provider may request additional documents from the User wishing to create an Account, in order to verify the statements made by them during their registration on the Site.

7.2 Steps necessary for personal Account creation

In order to access certain features of the Site, as mentioned above, an Account is necessary.

7.2.1 Information to be provided to create an Account

When creating the Account, the Client may provide the following information:

  • First name and Last name;
  • Email address;
  • Password.

The Client undertakes to provide real and current information. 

When placing an order, the Client must provide a postal delivery address in their personal space. 

In the event of erroneous information or identity theft, the Client engages their liability, and the Service Provider reserves the right to exclude them from the Site without prior notice.

7.2.3 Acceptance of GTU

All Account creation requires prior acceptance of these GTU when accessing the Site.

7.2.3 Loss of Username and/or Password

The User's username and password are strictly personal and confidential. The User is liable if they disclose these elements to third parties; Users are advised to log out of their Account at the end of each session. 

The User is responsible for maintaining the confidentiality of their username and password. In the event of a security problem concerning the Site and Services, particularly relating to the username and/or password, the concerned User undertakes to inform the Service Provider immediately. Any User encountering any risk regarding their password must change it immediately after informing LE DRESSING DES ALPILLES. The User grants the Service Provider the right to take all appropriate measures in such a case.

In the event of loss of their password, the User may receive a new password at the email address they indicated during registration by clicking on the "forgot password" button on the page allowing access to their personal Account.

7.2.4 Verifications

The Service Provider may, at its sole discretion, and for purposes of transparency, compliance with the conditions set for Account creation, and Service improvement, carry out verifications of the information provided by the User during Account creation. 

7.3 Account Management

The elements implemented on the User's profile must belong to them, or the User must have previously obtained a license or right to use the content used.

These elements, as well as those related to Account creation, can be modified at any time by the User by accessing their Account via the Site.

The User undertakes to have only one Account, which is personal to them. 

In this regard, the User undertakes not to transfer their Account to a Third Party without the prior authorization of the Service Provider. 

7.4 Access to Services requiring an Account

In order to use Services requiring an Account, Clients must use the username and password created when opening the Account. 

These elements are under the sole and entire responsibility of the Client holding an Account.

7.5 Account Duration

Each Account is subscribed for an indefinite period.

7.6 Account Closure

Should a User fail to comply with the obligations stipulated herein, the Service Provider reserves the right to temporarily or permanently exclude a User from the Site without prior notice.

 

  1. USER OBLIGATIONS

The User is solely responsible for their conduct on the Site and for the statements they make during their exchanges with the Service Provider and during exchanges carried out on the Site. 

In this regard, the following actions are prohibited on the Site:

  • Using another User's Account; 
  • Impersonating a natural or legal person when creating an Account;
  • Making false declarations when creating the Account and/or updating it; 
  • Not complying with the General Terms of Use;
  • Non-compliance with the rights of Third Parties.

Statements made by Users during their exchanges with the Service Provider must not:

  • Communicate information (content, images, recordings, etc.) relating to other Users or Third Parties without their authorization;
  • Infringe upon or be contrary to public order, good morals, or the law;
  • Offend the sensitivity of other Users, Third Parties, or the Service Provider;
  • Infringe in any way whatsoever on the rights, honor, reputation, privacy, or image of any person;
  • Be denigrating or defamatory towards anyone;
  • Be of an erotic, pornographic, or pedopornographic nature;
  • Advise a questionable, prohibited, or fraudulent practice;
  • Endanger the security or integrity of any State or territory;
  • Allow third parties to obtain and/or use pirated software protected by copyright and/or subject to user licenses;
  • Advertise or promote any company, brand, site, blog, or forum.

 

  1. PERSONAL DATA

Pursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, and the General Data Protection Regulation (GDPR) which came into force on May 25, 2018, it is recalled that the personal data requested from the User are necessary for processing their order and for issuing invoices, in particular.

This data may be communicated to any partners of the Service Provider.

The processing of information communicated via the Site meets the legal requirements for personal data protection, with the information system used ensuring optimal protection of this data.

In accordance with current national and European regulations, the User has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing with regard to information concerning them.

For further information regarding Data protection, please consult our Personal Data Protection Policy.

 

  1. OWNERSHIP OF ELEMENTS ON THE SITE

With respect to everything it publishes on the Site, the Service Provider has and retains all rights, titles, and interests in its patents, inventions, copyrights, trademarks, domain names, know-how, and all intellectual property rights.

The Service Provider is and remains the owner of the property rights relating to any element of the Services and Features on the Site made available to the User, and more generally regarding the IT infrastructure implemented, developed, and made available as part of the Services.

The provision of Services and Features shall not be construed as the transfer of any intellectual property right to the User. The User is prohibited from reproducing any element of the Services and the Site, or any documentation concerning them, by any means whatsoever, in any form whatsoever, and on any medium whatsoever, without the prior and express consent of the Service Provider.

 

  1. EXCLUSION OF LIABILITY

11.1 Site Operation

Regarding the operation of the Site, LE DRESSING DES ALPILLES is subject to a general obligation of means.

In the event of interruption of access or use of the Site and/or Services, the Service Provider's liability can only be engaged if said interruption is prolonged or constant, or solely attributable to it, and cannot be resolved within a reasonable timeframe.

In the event of force majeure or action(s) taken by any Third Party and/or damage(s) caused by any Third Party, the Service Provider shall not be held liable.

The Service Provider cannot under any circumstances be held liable for any inconvenience or damage inherent in accessing and/or using the Internet and/or electricity network, particularly in the event of service disruption(s), external intrusion(s), or the presence of computer viruses. The same applies to needs, questions, or problems of compatibility, interoperability, and/or qualities inherent in the use of any physical or technical means to access the Site or Services.

11.2 Information presented on the Site

The Service Provider does not control User declarations. 

The Service Provider excludes all liability relating to User conduct. 

The User agrees not to do anything that could create the false impression that they are supported by, in partnership with, or acting on behalf or for the benefit of the Service Provider, including through inappropriate use of any of the Service Provider's intellectual property.

The User acknowledges that data circulating on the Internet is not protected, particularly against possible misuse.

The User acknowledges that data circulating on the Internet may be regulated in terms of use or protected by property rights. The User is solely responsible for the use of the data they consult, query, and transfer on the Internet.

The User acknowledges that the Service Provider has no means of control over the content of services accessible on the Internet.

 

  1. HYPERTEXT LINKS

Hypertext links on the Site directing Users to other websites do not engage the liability of the Service Provider as to the content of these sites. 

 

  1. MODIFICATION OF THE GENERAL TERMS OF USE

These General Terms of Use may be modified at any time by the Service Provider, unilaterally and without prior notice.

The General Terms of Use applicable to the User are those in force on the day of their connection to the Site; any new connection implies acceptance, where applicable, of the new General Terms of Use.

Any modification of the GTU will be communicated to the User via the Site.

 

  1. TELEPHONE PREFERENCE SERVICE

When the processing of your order involves collecting your telephone data, you may be able to register your telephone number free of charge with a national or regional 'Do Not Call' registry or similar service to oppose telephone solicitations, in accordance with applicable local consumer protection laws. We encourage you to check for such services available in your country or region.

This registration allows you not to be solicited by telephone regarding a commercial offer. 

It is recalled that this opposition is notably not applicable in the event of pre-existing contractual relationships between the professional and the consumer, unless the consumer expressly refuses to be contacted by telephone, and to consumers who have requested to be called back.

 

  1. SEVERABILITY

The possible invalidation of one or more clauses of these General Terms by a court decision or by mutual agreement between the Service Provider and a User shall not affect its other stipulations, which shall continue to produce their full effect provided that the overall balance of the contract can be maintained.

 

  1. APPLICABLE LAW

These GTU are governed by French law. 

 

  1. COMPETENT JURISDICTION

All disputes to which these General Terms of Use may give rise, concerning their validity, interpretation, execution, termination, consequences, and aftermath, shall be submitted to the competent court under ordinary law conditions.

Prior to any contentious proceedings, the parties shall attempt to settle their disputes amicably.