General terms of sale
01/10/2019
This website www. iconprincess.com is the property of the company ICONPRINCESS with variable capital, a simplified joint stock company with a maximum share capital of 500,000 euros,
Registration in France at the the RCS of Villefranche-Tarare under the number 851 678 953
Intracommunity VAT: FR29851678953
Head office: Vieux Bourg, 69620 Ternand, France
E-mail address: contact@iconprincess.com
Phone number : 04 78 42 77 74
Any person registered on the site managed by IconPrincess SAS (hereinafter "IconPrincess"), accessible at https://www. iconprincess.com (hereinafter "The Site") accepts these general conditions of sale by becoming a member of IconPrincess. The general terms and conditions of sale may be subject to change and will be indicated on the Site.
As the Site is hosted by an external service provider, IconPrincess cannot be held responsible for any interruption of the site's service, or for any technical problem or damage due to hacking of the site by malicious persons.
TERMS AND CONDITIONS OF USE OF THE SITE
The Site brings together Sellers wishing to sell luxury bags and accessories, both new and used (hereinafter referred to as "Items") with Buyers. The Sellers and the Buyers may be defined hereafter by the term "User(s)".
The Website acts as a trusted third party between the Buyer and the Seller who has placed his item(s) on iconprincess.com.
When a buyer purchases a product, their payment is held by IconPrincess until they have confirmed that they have received the item, are satisfied with it, and that the authentication of the item has been validated (for items over €500).
Une fois le règlement encaissé par Iconprincess, le vendeur sera payé du prix de vente de l'article moins la commission de 18% due à IconPrincess.
The Site only plays a role of intermediary and could not be held responsible for the disputes declared apart from the 48h deadline following the reception of the Article by the Purchaser. Outside this period, the disputes are only binding on the Buyer and the Seller.
The purpose of these General Conditions is to define the conditions of use of the Site by Users.
Article 1 - Opening an account on the Site
The User wishing to become a member of IconPrincess must be 18 years of age or older, and must complete the online registration form. It is committed to providing complete and accurate information.
Its uername must not infringe an intellectual property right, a registered trademark or a corporate name.
The username and password are strictly personal and must under no circumstances be communicated to third parties. He will bear the consequences of using his account without his knowledge. In addition, the user undertakes not to create additional accounts without the express permission of IconPrincess.
IconPrincess undertakes not to infringe the privacy of users of the Site and will ensure the confidentiality of the information provided.
The User agrees that IconPrincess may keep his information and the history of his activity on the Site. He will also accept that IconPrincess communicate on the items he has put on sale or purchased on the Site.
Article 2 - Rules of good conduct
The User commits himself not to indicate his coordinates (telephone, address, email...) in his advertisements, nor in the questions and answers relating to it, nor in the name or the description of his Catalog.
IconPrincess may remove such information without prior request to the User. The User agrees not to make direct contact with others.
The User undertakes not to use on the Site, in particular through comments, words that are contrary to morality, offensive, defamatory or may damage the reputation of other Users. In the event of non-compliance with this obligation, IconPrincess reserves the right to suspend and/or terminate the User's account without prior notice.
The User is prohibited from publishing photographs whose content is inappropriate (nudity, violence, etc.). IconPrincess reserves the right to delete any content it deems inappropriate and also to delete Users' accounts in cases that violate the above points.
Article 3 - Article offered for sale on the Site
IconPrincess reviews all items available for sale on its website.
The Seller may only post an item on the site for sale if it is immediately available and he has full ownership. To do this, he must create an account if he does not already have one (see article 1).
3.1 Creating the ad
The Seller undertakes to create only one ad per item put up for sale. IconPrincess reserves the right to delete multiple ads for a single item.
A minimum of 8 (eight) photographs are required so that IconPrincess can appraise the item as soon as possible and under the following conditions: front, back, bottom and/or corners, raised handles, lowered handles, view over the inside of the bag, brand logo, and serial number, as well as any other photo that the seller considers useful and showing the condition of the item. Photos must be of good quality, unblurred and unretouched.
The description of the item offered for sale must have precise and truthful characteristics and must not mislead buyers.
It is strongly recommended by IconPrincess to put the Certificate of Conformity of the article in the advertisement (to obtain one see article 3.2).
Excessive prices will not be accepted by IconPrincess. This also applies to prices that are excessively below the market price in order to discourage the marketing of counterfeits.
The Seller may indicate the new price or shop price. This price is provided for information purposes only and is not verified by IconPrincess.
The product sheet with description, photos and price proposal is submitted to IconPrincess for initial review as soon as possible. IconPrincess may require any additional proof of compliance.
IconPrincess reserves the right to modify the ad, in particular if it contains errors of category, brand, description or other, or even to delete it if it contains the seller's contact details.
The article will only be published on the Site if it has been deemed compliant. In case of doubt about the conformity of an item, IconPrincess will refuse its sale on its website.
We encourage our members to inform IconPrincess if they notice that a product is not compliant, by Email to contact@iconprincess.com.
The seller is solely responsible for the sale of an unauthorized product.
Counterfeiting is punishable by three years' imprisonment and a fine of 300,000 euros.
IconPrincess reserves the right to refuse a Seller's product sheet before it is posted on the Site if IconPrincess believes that the product does not correspond to the spirit of the Site.
IconPrincess charges a fixed commission rate of 15% of the sales price including VAT in Euros, with no minimum or maximum. IconPrincess reserves the right to change its commission rate and terms at any time.
The seller must regularly consult the Site after the sale of his item. He can at any time add comments or photos concerning the item for sale and in compliance with the rules of good conduct.
The seller must immediately notify IconPrincess if an item it has put on sale on the Site is no longer available and remove it from the Site.
The Seller can contact IconPrincess at any time by phone at +33 (0)6 27 86 35 12 or by Email at else.mirra@iconprincess.com.
3.2 Certificate of Conformity
IconPrincess strongly recommends that Sellers have their item authenticated for sale on the Site if it has not already been done.
Authenticated items are much more likely to be sold quickly.
In addition to human expertise based on experience, IconPrincess uses technologies based on microscopy and artificial intelligence software linked to a product database of the main luxury designers.
To obtain a certificate of authenticity, Sellers simply request it from IconPrincess by email at certifier@iconprincess.com.
To allow authentication, the article must be sent to ICONPRINCESS by Colissimo to one of the following 2 centers - the address will be confirmed by return email:
- 46 ruelle de l'Eglise - 69620 Ternand, FRANCE
- 1 rue du marais - 29730 Treffiagat, FRANCE
The Seller will have to pay the authentication fees directly to IconPrincess, by PayPal, by bank transfer or by credit card via the secured portal Stripe.
In the event that the item put up for sale costs €500 or more, and when the sale is finalized, the authentication fees paid to IconPrincess will be refunded to the Seller by the payment method it used for the authentication request.
If the item is in conformity, a Certificate of Conformity will be mailed to the Seller. Otherwise, IconPrincess will not publish the advertisement on the Site and will not refund the Seller for its authentication fees.
In cases where the item already has its certificate of authenticity (IconPrincess reserves the right to judge the validity of the certificate, depending on its source and quality), it is understood that IconPrincess will not refund certificates obtained otherwise than through IconPrincess either.
Article 4 - Purchase of an item on the Site
4.1 Payment methods and content
When a Buyer selects an item he wants to purchase, he must validate his order by making payment by secure electronic payment directly on the IconPrincess website.
L’Acheteur peut payer soit par PayPal, soit par carte bancaire, soit par virement bancaire immédiat avec Fintecture. L’ensemble des phases du paiement électronique est sécurisé par un cryptage des données évitant toute interception des informations par un tiers.
To benefit from the payment by PayPal, the Buyer must have a PayPal account. It is then subjected to the general conditions of use of PayPal.
By choosing the payment by PayPal, the Buyer is automatically directed to his PayPal account.
IconPrincess may ask the Buyer for proof of identity (copy of identity card and/or proof of address). IconPrincess reserves the right to suspend an order while waiting for these documents to be received.
IconPrincess cannot be held responsible in the event of fraudulent use of the payment methods used.
Under no circumstances does IconPrincess store or have access to Purchasers' credit card information.
The amount paid by the Buyer includes the price of the item plus any shipping costs if the shipping address is outside metropolitan France or Europe.
The shipping rates are those of Colissimo and can be consulted on their website.
Any order placed on the Site and delivered outside metropolitan France and Europe may be subject to customs duties which the buyer must pay upon receipt of the package. Similarly, if the Seller has shipped an Item from a country outside the European Union to France, customs duties may apply and are the responsibility of the Buyer.
For buyers in the French Overseas Departments, there is a specific tax called dock dues that they must pay upon receipt of the package.
4.2 Confirmation of the order
As soon as the buyer has validated his purchase, IconPrincess notifies the Seller by email and asks him to confirm the availability of the item.
The Seller then has 48 hours to confirm the availability of his item to IconPrincess by return email.
In the event that the item is no longer available or if no confirmation of availability has been provided within 48 hours, the sale is cancelled, and the Buyer is immediately and fully refunded by the same means of payment he used to order. However, PayPal as well as Stripe may take a few days to make the money transfer.
If the item is available, the Seller receives the Buyer's destination address sent by IconPrincess and must ship the order properly packaged within two business days. The Seller undertakes not to insert any advertising for itself or anyone else in any form whatsoever.
4.3 Method and delivery time of the item
Delivery is made by La Poste, by "Colissimo Suivi". When the order is shipped, the Seller must imperatively communicate the Colissimo tracking number to IconPrincess by email to alain.herbiniere@iconprincess.com who will communicate it to the Buyer.
As an indication, the delivery times communicated by La Poste are 2 to 3 working days for France, Andorra and Monaco. For foreign countries it is 4 to 8 working days.
If the buyer is absent at the time of delivery, a notice of passage is left in his mailbox and the package will be waiting for him at his post office.
Neither IconPrincess nor the carrier can be held responsible for the impossibility of delivery due to inaccuracy in the shipping address.
In the event of force majeure, preventing partial or total delivery, this period shall be extended by the proven duration of the force majeure. In particular, strikes, road, rail or air network blockages, whatever the cause, and any event or event clearly beyond the control of IconPrincess, are considered as cases of force majeure.
The buyer is required to verify, in the presence of the postal employee or the delivery person, the condition of the packaging of the goods and its contents upon delivery. In the event that the buyer has any doubt whatsoever about the condition or contents of the package, he must check the condition of the goods received and issue precise, dated and signed reservations. In the absence of reservations, a package is deemed accepted by the buyer and can no longer be contested.
If the package is lost by the carrier, it is the Seller's responsibility to file a claim with the carrier. In the event that the package is indicated as "delivered" and the Purchaser has not received it, it is the Purchaser's responsibility to open a complaint with the postal services.
The Buyer is required to confirm receipt of the item within 48 hours. Failing this, IconPrincess will consider that the Purchaser has received the item and is satisfied with it. IconPrincess will then proceed to finalize the sale and pay the Seller the amounts due.
Article 5 - Cancellation
In the context of a sale between two private individuals in France, the provisions of the Consumer Code do not apply. Thus, in principle, you do not have the withdrawal period of 14 clear days from the receipt of the article (Law 2014-344 known as the Hamon Law).
However, IconPrincess has implemented a Money Back Guarantee if the Buyer is not satisfied with the item ordered or if he/she has changed his/her mind regarding his/her purchase on the Site AND if he/she resides in France or in a country of the European Union.
Within 48 hours of receipt of the Item (including weekends and holidays excluding the delivery day), the Purchaser must confirm receipt and indicate whether he is satisfied or dissatisfied with it by email to else.mirra@iconprincess.com. The order number must be mentioned in the email.
In the event that the Purchaser indicates that he is not satisfied with his purchase, the authentication procedure of the item will be cancelled, if there is one in progress.
If the Purchaser does not confirm within the specified time limit, IconPrincess will consider that the Purchaser has received the item and is satisfied with it. IconPrincess will then finalize the sale and pay the Seller the amounts due.
If the Purchaser indicates that he is satisfied with the Item before the expiry of the 48-hour period, he will no longer be able to benefit from the Satisfied or Refunded Guarantee even if the 48-hour period has not expired.
5.1 Reason for dissatisfaction:
When the Buyer declares himself/herself dissatisfied, he/she must indicate the reason(s) for his/her dissatisfaction by email to else.mirra@iconprincess.com : else.mirra@iconprincess.com :
- "Defective/damaged item" or
- "Incorrect item received" or
- "Change of mind" or a "Purchase reversal".
"Change of mind" or a "Purchase reversal". In case the item is declared "Defective/damaged item" or "Incorrect item received", photos of the item at the time of delivery of the package must be provided to Iconprincess. We insist that these photos must be irrefutable proof that the item was damaged during transport and not by the Buyer - the package must be opened in the presence of the delivery person or letter carrier and the contents verified.
5.2 Return of the item:
To receive a refund, the Buyer must return the item to IconPrincess.
When the Buyer has reported his dissatisfaction within the time limit, he has a period of 48 hours (excluding weekends and holidays) to return the item to ICONPRINCESS SAS according to the following process:
- By Colissimo or other reliable service
- To one of the 2 following centers - the address will be confirmed by return email: either '46 ruelle de l'Eglise - 69620 Ternand, FRANCE' or '1 rue du marais - 29730 Treffiagat, FRANCE
- With the tracking number which must be communicated by email to else.mirra@iconprincess.com
- The item must be carefully packaged and the return of the item is the responsibility of the Purchaser.
IconPrincess will not accept empty packages or damaged items and will consider that the item has not been returned.
5.3 Buyer's refund and costs attributable to the Seller:
There are 2 cases to consider:
A. If the reason for dissatisfaction is found to be "defective/damaged item", the Buyer will be fully refunded. The shipping costs as well as any PayPal or Stripe commissions paid by IconPrincess will be charged to the Seller.
B. If the reason for dissatisfaction is simply a change of opinion or a reversal of purchase, the shipping costs will be borne by the Purchaser.
IMPORTANT: in case B, if the Buyer paid the item by PayPal or Stripe, the commissions charged by these organizations are deducted from the refunded amount
If the item does not conform to its description on the Site, or if it is defective/damaged, or if it is not the correct item ordered, or if it proves to be a counterfeit item (Iconprincess-Entrupy and/or Authentifier.com certification), the SELLER agrees to refund the shipping costs as well as the commissions possibly paid to PayPal or Stripe before the item is returned to him.
IconPrincess shall not refund the Buyer until the Seller has been notified that the goods have been received.
Article 6 - Compliance Guarantee
IconPrincess offers authentication by the means and technologies of its choice on all items sold for €500 or more.
It is understood that this offer is only valid if the item in question does not already have a Certificate of Conformity provided by the Seller and validated by IconPrincess.
6.1 Procedure for obtaining the Certificate of Conformity
- 1. When an item is ordered on the IconPrincess Site, the Seller must, within 48 hours, complete the photos of his item, if necessary, because a minimum of 8 (eight) photographs are required for IconPrincess to be able to have the item appraised: from the front, back, bottom and/or corners, raised handle and lowered handle escutcheons, inside the diving view bag, the brand logo, and the serial number if there is one. For another type of accessory that would be appraised, the required photos are those of the details of the brand's know-how and any photo useful for identifying the product. Photos must be of good quality, unblurred and unretouched.
- The time required for the expertise is generally 4 to 5 working days, or even longer depending on the case. It is possible that additional photos may be requested from the Seller.
- At the end of this appraisal period, if the item is in conformity, a Certificate of Conformity will be sent to the Purchaser by post.
6.2 Obtaining a Compliance Guarantee for items under €500
For items with a selling price of less than €500, the Buyer has the option to purchase compliance expertise from IconPrincess, if the Seller has not already done so. A link will be sent to him by email and it will be enough for the Purchaser to click on the link if he wishes it, to follow the indications in the email and to order the expertise.
The procedure for obtaining the certificate of conformity is as follows:
- Upon receipt of the item ordered on the Site, and if the Purchaser is satisfied with it, he must take photos of his item within 48 hours. A minimum of 8 (eight) photographs are required for IconPrincess to be able to have the item appraised: front, back, bottom and/or corners, raised handles, lowered handles, lowered handles, inside the bag in plunging view, the brand logo, and the serial number if there is one. For another type of accessory that would be appraised, the required photos are those of the details of the brand's know-how and any photo useful for identifying the product. Photos must be of good quality, unblurred and unretouched.
- The photos must then be sent to IconPrincess at else.mirra@iconprincess.com who will have the requested expertise performed.
- The time required for the expertise is generally 4 to 5 working days, or even longer depending on the case.
- At the end of this appraisal period, if the item is in conformity, a Certificate of Conformity will be sent to the Purchaser by post.
6.3 Authentication prices :
The price of authentication is €49 for a response time of 24 to 48 working hours - except for Hermès where the price of authentication is €139 for a response time of 5 working days.
6.4 Procedure in the event of non-compliance of an article
If the item received by the Buyer is declared non-compliant, the latter must return the item to the Seller in its original packaging, by Colissimo with the tracking number that must be provided to the Seller. The tracking number and order number should also be sent to IconPrincess by email to alain.herbiniere@iconprincess.com.
The Buyer will be immediately refunded the price of the item as well as the shipping costs by the payment method he used to order on the Site, PayPal and Stripe may request a few days to transfer the money to the Buyer's account.
If the Purchaser has ordered from IconPrincess an authentication of his item of less than €500, the amount of his order will also be refunded.
IconPrincess will turn against the Seller for a refund of the shipping costs that IconPrincess paid to the Buyer as well as the authentication fees.
Article 7 - Obligations of professional sellers
The Professional Seller must identify himself to IconPrincess in this capacity.
The professional Seller shall send a K-bis extract, by e-mail to contactpro@iconprincess.com or by mail to the following address IconPrincess, Vieux Bourg, 69620 Ternand.
In the event of refusal or silence, IconPrincess may terminate the Seller's account within 30 days.
7.1 Retraction period for purchases from professional sellers
The Purchaser has, according to the French law n°2014-344 of 17 March 2014 known as the Hamon law applicable to professional Sellers, a period of 14 clear days from the effective delivery of the Article to retract and an additional period of 14 days to return the Article to the professional Seller.
Cette loi Hamon n'est applicable qu'aux seuls acheteurs qui résident en France.
In order to be able to validly exercise his right of retraction, the Purchaser must inform IconPrincess within 14 days by declaring his dissatisfaction by email to alain.herbiniere@iconprincess.com.
The costs incurred for the return of the Item are the sole responsibility of the Purchaser.
In the event of loss, damage or non-delivery of the package to the professional Seller during the return journey, the Buyer shall be liable, as soon as he has taken possession of the Article at the time of the initial delivery.
A compter de la notification de bonne réception par le Vendeur, le Site procédera au remboursement du Prix de la Transaction dans un délai de 14 jours.
The refund will be made by crediting the Buyer's credit card or PayPal account, depending on the method used to place the order.
7.2 Legal Warranty of Compliance
The Purchaser may activate the legal guarantee of conformity when the product he has purchased from a professional on the Site presents a lack of conformity (for example, if it does not comply with the description made of it).
The Buyer may exercise this legal warranty if he resides in the territory of the European Union and only if the Seller is a professional; if the Seller is a private individual, the Buyer will not be able to avail himself of this warranty.
When this warranty is implemented, the Buyer may require the Seller to repair the product or replace it with an identical good that does not show any lack of conformity. Failing this, a reduction or total refund of the price may be granted to the Purchaser if the repair or replacement of the Item is impossible, impracticable within a reasonable time or if its implementation causes a major inconvenience to the Purchaser.
The legal guarantee of conformity is valid for two years from the date of delivery of the product to the Purchaser. It is recommended that the Purchaser keep the proof of purchase for the duration of the warranty in order to make it easier to operate.
7.3 Warranty against hidden defects
The Purchaser may activate the guarantee against hidden defects if the Article he has purchased on the Site contains defects that are not apparent at the time of sale, which make it unfit for use or which reduce this use to such an extent that the Purchaser would not have made this purchase. It only benefits Buyers residing in France.
The aggrieved Purchaser may either obtain a full refund of the sale price and any additional costs incurred (such as delivery costs) against return of the Item, or keep the Item in exchange for a simple reduction in the price.
The Purchaser may take action against it within two years of the delivery date and it shall be his responsibility to prove that the defect existed at the time of such delivery.
Article 8 - Seller's payment
In the event that the sale has proceeded normally, i.e. the buyer is satisfied with his purchase and the item is in conformity, IconPrincess will pay the Seller either by PayPal or by Stripe according to the Seller's wishes.
IconPrincess will pay the Seller the following amount:
Price of the item sold (-) IconPrincess commission of 18% including VAT (+) refund of Authentication fees (only if the Seller ordered it from IconPrincess and if the price of the item is 500 Euros or more).
Article 9 - Data protection
The information requested by IconPrincess when the buyer places an order is necessary for IconPrincess to process the order. In accordance with the French law "Informatique et Libertés" n° 78-17 of January 6, 1978, the buyer has the right to access, modify, oppose and delete information concerning him/her under the conditions provided for by the law and the regulations in force.
The buyer can be informed of offers from IconPrincess. If the buyer does not wish to receive these offers, he/she can inform IconPrincess by e-mail at the following address: else.mirra@Iconprincess.com
IconPrincess will not sell or rent its customer database.
Article 10 - Responsibilities
IconPrincess shall not be held responsible for the content of the Advertisements, nor for the actions (or lack thereof) of the Users, nor for the Items offered for sale.
IconPrincess cannot be held responsible for the defamatory, abusive or contrary to morality nature of the comments posted online by a User.
In the event of a dispute, IconPrincess reserves the right to provide the Buyer and the Seller with their respective email addresses.
IconPrincess does not transfer legal ownership of the Seller's items to the Buyer. Sale/purchase agreements are made directly between the Buyer and the Seller.
IconPrincess reserves the right to suspend, without notice or compensation and without incurring any liability, access to the Site, temporarily or permanently. IconPrincess does not guarantee that the Site will be accessible without interruption. It may interrupt access to the Site for reasons including maintenance and in case of emergency. IconPrincess is only bound by a best effort obligation regarding the continuity of access to the Site. Accordingly, IconPrincess disclaims all warranties, conditions or other terms, and shall not be liable for any loss of money, reputation, or any special, indirect or consequential damages arising out of or in connection with the use of the Site.
IconPrincess is not responsible for the fraudulent use by a third party and the possible consequences of the User's login and/or password.
In the event of force majeure, strike, or in the event of a breakdown, blockage or difficulty with IconPrincess' computer hardware, the computer software used by IconPrincess or the Internet network, and in the event of suspension of access to the Site, the obligations of the parties to this Agreement shall be suspended.
The contract created when the Seller accepts the Buyer's Offer to Purchase is solely binding on the Seller and the Buyer. IconPrincess, playing only an intermediary role, shall not be held responsible for any dispute declared outside the 48-hour period following the receipt of the Article by the Buyer.
In the event of a hidden defect, as defined in Article 1641 of the French Civil Code, and discovered outside of the 48-hour period following receipt of the Product by the Buyer in order to exercise his or her Money-Back Guarantee, any dispute that may arise shall be between the Buyer and the Seller only, to the exclusion of IconPrincess
In the event of a dispute between the Buyer and the Seller, the content of the Advertisement will be taken into account and in particular, photos and description.
IconPrincess shall not be liable for the outcome of the dispute between the Users.
Article 11 - Acceptance of Users
By registering on the Site, the User acknowledges having read, understood and accepted without reservation the entirety of these General Terms and Conditions which govern with binding force all relations between IconPrincess, the Sellers and the Buyers. This acceptance takes effect from the date of registration of the User on the site and is valid for each operation, Ad, Purchase Offer and sale. The present General Conditions prevail over any contractual or non-contractual document specific to the Seller or specific to the Buyer.
IconPrincess has the right to modify the present Terms and Conditions according to the evolution of its offer and the market. The User therefore agrees to regularly consult the General Terms and Conditions of the Site in order to take note of the modifications that have been made. In the event that the User does not accept these modifications, he/she may delete his/her account.
Changes will take effect immediately for online offers as soon as they are notified to Users by any means chosen by IconPrincess.
This Agreement is concluded between IconPrincess and the User for an indefinite period of time. It may be terminated by either party at any time and without cause.
The Site, its content, its catalog, its texts, its illustrations, its photographs and images are the property of IconPrincess. It is forbidden to reproduce, represent and/or exploit all or part of the Site, its content, its catalog, its texts, its illustrations, its photographs and images without prior authorization from IconPrincess, except in the cases restrictively listed in article L122-5 of the Intellectual Property Code.
For any information or questions, IconPrincess can be reached by email at contact@iconprincess.com
This contract is subject to French law. Any dispute with a User acting in a professional capacity and arising from its interpretation and/or execution shall be referred to the Commercial Court of Villefranche-Sur-Saône.
