The Collector Square online sales service managed by Collector Square (hereinafter the Collector Square Platform) puts seller-advertisers (hereinafter the Sellers) in contact with buyers (hereinafter the Buyers) of goods (hereinafter the Products). [The Sellers and the Buyers shall be hereinafter referred to jointly as the Members.] The Collector Square Platform facilitates and enables the signature of contracts for the sale of the Products without resorting to auctions. The Members alone take decisions as to the concretisation of the purchase and the sale of the Products.
Version updated on 12 June 2014.
Article 1 – Definitions
Collector Square Platform:
shall mean the web site which enables Sellers and Buyers of Products to be put in contact with one another.
shall mean the Products likely to be the subject sold via the Collector Square Platform.
shall mean counterfeit, prohibited or non-compliant Products, meaning Products that run counter to public morality or that are not authorised by virtue of statutory, regulatory or contractual provisions. These include Products that are unauthorised copies and which constitute counterfeit goods as per the meaning of this term in France’s Code de intellectual property [intellectual property laws] or that are sold in violation of selective or exclusive distribution networks.
shall mean Products which comply with their description by the Specialist in the offer for sale on the Site.
shall mean a Member who makes an offer to sell a Product on the Collector Square Platform.
shall mean a Member who expresses his acceptance of the offer made by a Seller.
shall mean, in the singular or in the plural, a Seller or a Buyer who is likely to make use of the Collector Square Platform after acceptance of the General Terms and Conditions. The Members pledge to provide accurate information as to their identity, address and all other data needed for access to the Collector Square Platform, and to update any changes of this information. To access the benefits of the Collector Square Platform, a Member must be aged 18 years or over.
The Auction Price Database:
shall mean a database containing nearly 250,000 results of auctions of luxury products which have taken place over the past ten years at the biggest auction houses worldwide. This tool provides a basic indication of the prices of a brand and/or a collection and/or a model and/or an item at a given time, in real time. This database is updated regularly.
shall mean the service provided by Collector Square, with the help of a Specialist, to determine that a Product is not a Prohibited Product and to describe the object in accordance with its actual appearance. This service shall be covered in the Commission charged by Collector Square.
shall mean the certificate delivered by the Specialist certifying that the Product is compliant and not counterfeit.
shall mean the service provider who is an authority in the field and who is chosen and approved by Collector Square. The Specialist shall inspect the Products and help the Seller to set an approximate value for the Product. The final Survey shall take place when the Seller has sent or deposited his Product on the premises of Collector Square with a view to a sale after the initial survey, conducted using photographs of the Product, has been agreed.
shall mean the price proposed by our Specialists and agreed by the Seller for the sale of a Product. This price shall constitute the basis for calculating the Commission of Collector Square.
shall mean the description of the Product that is offered for sale by a Seller and posted on the site by Collector Square’s team. This description shall be drawn up by the Specialist in charge of the sale.
shall mean the remuneration earned by Collector Square for the use of the Collector Square Platform. This commission shall amount to 35% of the Price including taxes.
shall mean the Price proposed by the Specialist pursuant to the final survey.
shall mean the total price of the Product payable by the Buyer, comprising the Price at which the Product sells and the carriage fees.
shall mean the web site managed by Collector Square, which is accessible at http://www.collectorsquare.com.
shall mean all of the items offered for sale on Collector Square.
Article 2 - Subject - Matter
These General Terms and Conditions governing the use of the Collector Square Platform lay down the terms and conditions under which the Members are authorised to use the Collector Square Platform in order to get in contact with one another.
Article 3 – The sales process
A Seller offering a Product must first arrange to get it surveyed. To that end, the Seller must fill in the Survey form (available on the Collector Square Platform) for the Product that he wishes to be surveyed. At least 2 (two) photographs must be provided in order for Collector Square to perform the Survey as soon as possible. The Seller may also get in touch directly with the Collector Square Platform by telephone on +33 1 46 34 35 30 or by e-mail at firstname.lastname@example.org. If it is necessary to draw up an inventory of a collection, the Specialists of Collector Square can travel on site and perform the Survey directly at the domicile of the Seller or at the location of his choosing.
The Specialists of Collector Square shall conduct an initial Survey of the Product proposed by the Seller within 48 (forty eight) hours. If the Product is found to be Compliant, the Specialists shall quote an estimated Price in keeping with the state of the market and the distinctive elements of the Seller’s Product. The estimate shall be sent by e-mail together with a draft sale mandate.
The Seller may either accept or reject the terms of the sale mandate proposed by the Collector Square Platform. If the Seller accepts the terms of the sale, he should confirm his acceptance of the terms of the sale proposed by Collector Square by e-mail. The sale mandate must be signed and must be provided to Collector Square upon handover of the Product by the Seller.
Collector Square shall arrange for the collection of the object by a specialised carrier within 48 (forty eight) hours following the acceptance of the estimate. The Seller shall receive an e-mail from the carrier with the packing list to be affixed to the package and a hypertext link to schedule the collection of the Product on the date and at the location of his choosing. The costs incurred in connection with the transportation of the Seller’s Product to Collector Square shall be prepaid by Collector Square. The Seller shall provide the package to the carrier upon collection, together with the signed sale mandate confirming the terms that the Seller previously accepted by e-mail. The Seller may also send the mandate by any means of his choosing, as soon as possible, to the address of the Collector Square Platform, namely 36 boulevard Raspail, 75007 Paris, France.
The Seller may also opt to bring the Product in person during the Survey or exhibition days staged by the Collector Square Platform (see our detailed timetable of events).
The Seller may also refuse to entrust the Product after receiving the estimate from Collector Square. In that case, the process shall end at that stage, bearing in mind that no fee shall be charged for the Survey that was carried out. Pursuant to the Survey process, a Certificate shall be delivered guaranteeing that the Product is not counterfeit and complies with the description provided by the Seller. Failing this, should the Product be considered as contentious, it shall be returned to the Seller, at his expense.
Upon receipt of the Product, the Specialist shall examine it physically (visually) and shall confirm his estimate and the terms of sale at which the Product shall be proposed to prospective Buyers. Collector Square shall then undertake the technical and marketing work involved in putting the Product on sale online. The Specialist shall draw up the description of the Product (characteristics, background, state, etc.). Collector Square shall then have photographs of the Product taken in order to showcase the Product. Finally, the details of the Product shall be uploaded onto the Collector Square Platform within 48 (forty eight) hours following receipt of the Product.
When a Buyer confirms his intention to purchase a Product, this confirmation shall only become effective once the Buyer makes a secure electronic payment directly on the site of Collector Square.
The sale is deemed to have taken place when Collector Square acknowledges receipt and cashes the entire Transaction Price paid by the Buyer in an escrow account; the payment of the Transaction Price by the Buyer to Collector Square shall be tantamount to its approval of the Seller’s offer. The Buyer acknowledges that its acceptance of the offer is made in light of the description of the Product that is on sale and subject to the delivery of the Survey Certificate, and that it is tantamount to a firm undertaking to enter into a contract with the Seller on the terms that are on offer. The Product is then dispatched to the Buyer.
Once the Product has been received by the Buyer, Collector Square shall alone be empowered to instruct the escrow account to pay the Price to the Seller, after subtracting the commission and the delivery costs prepaid by Collector Square. The consideration for the transaction shall be transferred after expiry of the Buyer’s cooling off period of forteen full days during which he can withdraw from the sale, within twenty days following the payment by the Buyer.
The Seller shall retain full ownership of his Product until the completion of the transaction. Until the delivery of the Certificate, Collector Square shall be deemed to be instructed by the Seller to do whatever may be necessary to complete the transaction. Once the Certificate has been delivered, it shall be deemed to be instructed by the Buyer to do whatever may be necessary to complete the transaction. Upon completion of performance of these mandates, Collector Square’s liability as an agent shall be discharged.
The products will be shipped by professional carriers (DHL or UPS for standard packages) within 48 (forty-eight) working hours following receipt of the Transaction Price paid by the Buyer. Delivery costs depend on the size of the package and the country of delivery and are indicated when you place your order in the cart before payment. In case of non-standard package size or delivery country that is not served by our carriers, some products may be sent by other carriers and be subject to delivery quote, which will be sent by email.
Should the Product entrusted by the Seller not find a buyer under the terms stated in the sale mandate, Collector Square may propose that the Seller put the Product up for sale again, possibly on new terms.
Should the Product remain unsold after 90 days, Collector Square shall propose that the Seller revise the initial Price. With the Seller’s consent, Collector Square may discount the Price initially on offer. This discount shall be displayed on the site and shall be reflected in the online sales catalogue as well as the product data sheets, in order to accelerate the sale of the Product.
Should the Product remain unsold after 90 days, the Seller may also opt to immediately retrieve the Product, which shall remain his property. The Product shall then be sent back to the Seller, and Collector Square shall bear all the costs.
Article 4 – The obligations of Collector Square
Collector Square pledges to make the offers of the Sellers available to all Members on the Collector Square Platform. To that end, the Seller shall grant a mandate to Collector Square to make the offers provided by the Seller available to the Buyers and to open on his behalf an escrow account to hold any moneys received as consideration for the transaction. Collector Square pledges to handle any claim in connection with the sale of a Product on the Collector Square Platform within 48 (forty eight) hours.
Collector Square pledges to survey all of the Products that are put up for sale on the Collector Square Site, guaranteeing the compliance of all of the Products. To that end, Collector Square shall be granted a mandate by the Seller to sign any contract for Survey services on his behalf with a service provider chosen by Collector Square.
Collector Square shall be entitled to accept or to refuse to offer for sale on the Site a Product that is proposed to it.
In some cases, Collector Square may be the owner of the Products that are on sale on the Site.
Collector Square cannot guarantee to the Seller that the Product shall not be returned or that the Buyer shall not exercise his right to withdraw from the sale.
Should a Member fail to comply with the General Terms and Conditions governing the use of the Collector Square Platform as set out in this document, Collector Square shall be entitled, at any moment in time, to withdraw from sale the Product involved, to suspend the account of the Member and to freeze the moneys that it contains until the dispute is resolved.
Collector Square pledges to keep the personal data of the Members, be they Sellers or Buyers, strictly confidential, and to never disclose same to third parties, such as to other Members, save in case of an express request by a Specialist or by the public authorities or the courts, for instance pursuant to the detection of a possible criminal offence.
Article 5 – The obligations of the members
Upon registering with Collector Square, a Member shall be provided with a unique identifier and a strictly personal access code, which he pledges to keep confidential. Only registered Members are authorised to use the Collector Square Platform using the identifier and the personal access code. The Members pledge not to allow any other person to access the Collector Square Platform under their identity or identifier. Should a Member be aware of the fact that another person is doing so, the Member must inform Collector Square immediately and must confirm this information by post.
The Members pledge not to choose an identifier that might infringe the rights of a third party. For instance, the Members shall not adopt an identifier that directly or indirectly infringes any intellectual property rights, a registered trademark, a company name or any personal data.
The Members pledge not to create or use other accounts than the one that they create initially, be it under their own identity or that of third parties. Any exception to this rule must be expressly requested by the Member involved and must be specifically authorised by Collector Square. The creation or use of new accounts under one’s own identity or that of third parties without requesting and securing the authorisation of Collector Square may lead to the immediate suspension of the accounts of the Member involved and of all related services.
Should a dispute arise between Members, the parties agree that Collector Square’s production of the records of the use of the Collector Square Platform stored on the servers of Collector Square, and in particular the private access codes of the Members involved, shall have evidential value between the parties involved.
The Members pledge not to offer for sale, to leave on sale or to buy Prohibited Products, whether directly or indirectly.
The Members pledge in particular not to sell and/or buy Prohibited Products, whether directly or indirectly, as well as not to use information to which they may have access via the Collector Square Platform to buy or to sell Prohibited Products. The Members pledge to immediately inform Collector Square should they witness an offer for the sale of such Products online.
Collector Square shall be entitled to immediately suspend the account of the Member and to bring to the attention of the competent authorities any purchase, offer for sale, or attempt to offer for sale Prohibited Products on the Collector Square Platform.
Article 6 – The sellers' specific obligations
The Seller pledges to ensure that any offer of a Product corresponds to a tangible object over which he holds full and unfettered title and that he is fully entitled to sell, that is available immediately and that is not a Prohibited Product. The Seller must be in possession of the Product.
The Seller pledges to describe the Product to enable it to be surveyed by following the criteria laid down by Collector Square in its Survey form and to upload at least 2 (two) photographs of the Product that is offered for sale. The description of the Product must correspond to its effective characteristics. The Seller shall state the name of the Product, its characteristics, its brand, its state of use, based on the scale proposed by Collector Square (see the Survey application form).
The Seller shall bear full liability for the proper performance of his obligation to inform the Specialist in charge of the sale on the Collector Square Site of the key characteristics of the Product as part of the preliminary Survey, using the form which shall be provided to him. The Seller pledges to make any enquiries, perform any checks and provide any details that may be necessary so that the description and the elements of the form are accurate and do not cause the Specialist to err. This pre-survey shall not be binding upon Collector Square, since in case of error, inaccuracies of the description, and pursuant to the final visual Survey, the Specialist may propose a Price that is different from that which was settled upon pursuant to the preliminary survey. Collector Square shall not countenance any claim in this respect from the Seller.
The Seller pledges to either confirm or cancel his offer to sell the Product. In any event the Seller can no longer withdraw once he has accepted the offer sent by Collector Square.
The Collector Square Site shall be entirely responsible for delivering the Product that is ordered. Collector Square pledges to send out the Product carefully packaged at the Buyer’s expense.
Additional obligations of trade sellers
A Seller who is dealing on the Site a professional basis must identify himself to Collector Square in this capacity. Collector Square shall be entitled to refuse to enter into a contract with a trade Seller.
Collector Square hereby reminds trade Sellers of their obligation to comply with the statutes and regulations concerning the exercising of a commercial mail-order sales activity in a trade capacity. Trade Sellers must in particular ensure that they are up-to-date with all their tax and social security declarative obligations. Trade Sellers must also comply with the rules and regulations governing electric and electronic equipment waste, must provide a compliance guarantee and the requisite commercial warranties.
Financial terms and conditions
The Seller hereby grants a mandate to Collector Square to receive the Transaction Price for and on his behalf via the secure electronic payment system implemented on the Collector Square Platform or by any other means which might be subsequently approved by Collector Square.
The Seller authorises Collector Square, solely by virtue of the Buyer’s acceptance of the offer and his full payment of the Transaction Price, to deduct from the total Transaction Price a Commission constituting its remuneration for the use of the Collector Square Platform and calculated in accordance with the terms that are defined under article 6.8.4 below. The Seller must pay this Commission unless the Product is returned by the Buyer.
The Commission invoiced to the Seller by Collector Square for each sale shall correspond to the difference between the total amount paid by the Buyer and the amount paid across to the Seller in accordance with the terms of the sale mandate. The Commission shall be due to Collector Square immediately upon receipt by Collector Square of the entire Transaction Price.
The Seller agrees to pay to Collector Square a fixed sum as its contribution to the costs of dispatching the Product to the Collector Square Platform. Should the Product that is put up for sale on Collector Square remain unsold, the costs of any returns to the Sellers shall be borne by Collector Square.
Article 7 – Specific obligations of the buyers
Under exceptional circumstances, Collector Square may need to confirm the identity of the Buyer, in order to to deter any possibility of fraud. Should the Buyer fail to provide the information requested by Collector Square as part of this identity check, Collector Square may cancel the transaction performed by the Buyer.
The Buyer pledges to comply with all of the laws and regulations concerning the acquisition of assets of all kinds. Similarly, the Buyer is hereby informed that he is likely to be required to pay VAT and customs duty by the authorities upon acquiring Products from Sellers based outside the European Union.
The Buyer hereby declares that he has a standard letterbox which complies with the recommendations of the postal services (dimension of the letterbox, indication of the contact details of the residents, etc.).
In case of a payment default pursuant to the fraudulent use of a means of payment, Collector Square shall apply administrative costs to the Buyer amounting to 20% of the amount of the payment default, subject to a minimum of one hundred (100) euros before tax. The Members hereby authorise Collector Square to withdraw the unpaid moneys plus the administrative costs from their escrow account under such circumstances.
Article 8 – Claims and right to withdraw
Any claim concerning a Product which turns out to be non-compliant with its description must be brought within 14 (forteen) whole days as of the Buyer receiving that Product, to the competent departments of Collector Square, by e-mail or by means of a letter sent by registered post with acknowledgement of receipt. The claim must be detailed and must clearly state the reasons for the Buyer’s dissatisfaction. Collector Square pledges to handle any claim that is brought to its attention as soon as possible and on a case-by-case basis, in order to best satisfy the interests of the Members involved. The Members pledge to act with all the requisite diligence for the proper resolution of the claim. They must cooperate with Collector Square and provide it with the evidence required for the handling of the claim. They pledge to comply with the terms governing the handling of claims which are set out below or disclosed by Collector Square. In case of a failure to comply with these terms, the claim shall not be handled.
Should a claim be brought, then until the resolution of the dispute, the escrow account of the Member may be temporarily blocked by Collector Square. In case of multiple claims against a given Member, Collector Square shall also be entitled to close the escrow account of that Member.
Non-receipt of the order
The Buyer pledges to wait for one week after the notification of the sending of the Product to raise a claim with Collector Square in case of total or partial non-receipt of the Product.
If deemed well-founded by Collector Square, a claim for complete non-delivery of the Product ordered may lead to the reimbursement of the Buyer, save in case of fraud.
The completion of the sale is subject to the delivery of a Certificate by the Specialist in charge of the sale at Collector Square, certifying that the Product is not a counterfeit Product and is not non-compliant.
Should the Specialist find that the Product features a compliance defect or is downright non-compliant, the Transaction Price shall immediately be reimbursed to the Buyer. It is up to the Seller, should he want to challenge the assessment of the Specialist, to provide any and all documents in his possession that might demonstrate his good faith. The Buyer, for his part, shall be entitled to bring a separate claim concerning this.
Should the Seller be found to be in bad faith, Collector Square shall be entitled to claim from the Seller a sum of money amounting to 20% (twenty percent) of the Transaction Price as compensation, notwithstanding Collector Square’s right to request compensation for the damage that it has incurred before the competent courts.
- Hidden defects - should a hidden defect be discovered, the Buyer must file a claim within the timescales and in accordance with the terms that are laid down by articles 1641 et seq. of the Civil Code.
– A non-trade Buyer shall have a right to withdraw from the sale. This right may only be exercised within 14 (forteen) whole days following receipt of the Product. Should this timescale expire on a Saturday, a Sunday or a public holiday, it shall be extended until the next working day. The Buyer must notify Collector Square of his intention to avail himself of this right within the allotted timescales, by registered post or by an electronic mail sent to Collector Square from the “CONTACT” section of the web site. Collector Square shall then inform the Buyer about the terms under which the Product should be returned to the Seller.
In case of a claim and/or a withdrawal from the sale, the Product must be returned complete in the original packaging with all its accessories and documents, its labels and seals duly affixed, in an identical or similar packaging to that of the original consignment, within 5 (five) days following the response of Collector Square. In any event, the Product must be returned in the same state as when it was sent out. The costs of returning the Product shall then be borne by the Buyer (equal to delivery costs pais for the purchase, €20 for France, €30 for Europe, upon request for other countries), save in the case of a compliance defect or a hidden defect, in which case the costs shall be borne by the Seller. Potential customs costs paid by the Buyer will be at his expenses. The photographs used to present the Product that are published on the Site may be used as a reference in case of a dispute.
Approval of the claim
Should the Buyer return a Product and should his request for reimbursement be approved, then subject to the checks conducted by Collector Square’s to ensure that the returned Product is indeed the Product that was delivered and that it was not deliberately damaged, Collector Square shall instruct the escrow agent to reimburse the Transaction Price. This reimbursement shall take place within thirty days following the date of the claim or of the withdrawal from the sale.
Article 9 – Liability
The Seller declares and warrants that he has the right to transfer the ownership of the Product(s) that are sold, that they have not in any way already been transferred, pledged or provided as security, burdened or in general alienated in favour of a third party, and that the transaction that he is performing does not infringe the rights of a third party. By the mere fact of authorising Collector Square to put the Product online on the Sales Platform, the Seller certifies that the sale complies with the prevailing laws and regulations, such as France’s Code de la propriété intellectuelle [intellectual property laws] and any other specific regulations. The Seller guarantees and shall compensate Collector Square immediately on request for any damage incurred by Collector Square and for any liability lawsuit which might be brought against Collector Square on account of the violation of any third party right. In the case of proven fraud (fraudulent copying, handling stolen property, illegal importation, etc.), Collector Square shall disclose all the requisite information, including personal data, to the competent authorities in charge of preventing such frauds and offences. Collector Square hereby disclaims liability for the insulting, defamatory, immoral or illegal nature of any comments published online by a Member.
Unless it is at fault, Collector Square hereby disclaims liability for any damage incurred by a Member, such as loss of opportunities or loss of data. Collector Square hereby disclaims liability for any malfunction, breakdown, delay or interruption of access to the Internet network or of all other events due to its partners or suppliers.
The liability of Collector Square under the General Terms and Conditions of use of the Collector Square Platform shall in any event be limited to the equivalent of the Commission on the Transaction, save in case of gross negligence on its part.
Article 10 – Rescission
This contract is an open-ended contract. As such, it may be rescinded at any moment in time by Collector Square or by a Member without any particular reason by a mere notification.
Should a Member fail to comply with one of the following obligations: sale of counterfeit objects, opening of several accounts, fraudulent use of methods of payment, attempted fraud or any other criminal offence, Collector Square shall be entitled to suspend the Member’s access to the Collector Square Platform, in addition to seeking compensation for the entire damage that it incurs; should this be the case, the Seller shall be barred from invoking any costs incurred by him in connection with the uploading of his Products.
Article 11 – Miscellaneous provisions
Collector Square shall be entitled to modify these General Terms and Conditions to reflect changes in its service and in the market. Any modification shall come into force immediately in the case of online offers, as soon as they are notified to the Members by any means chosen by Collector Square. They shall not be applicable to transactions that are under way at the time when they come into force. Collector Square may occasionally change its telephone code and number, change any numbering schemes, interrupt the service for operational or maintenance reasons or in case of an emergency or force majeure.
The Members shall access the Collector Square Platform using their own facilities such as telecommunication terminals. Collector Square shall not provide any hardware, telephone installation, terminals or other facilities, nor any software or subscription, to the Members.
The personal data of the Members shall be gathered, recorded and stored in keeping with the provisions of France’s data protection law dated 6 January 1978. Members shall have a right to access and to rectify their personal data as stipulated by law, which they may exercise by contacting Collector Square, the party in charge of the Collector Square Platform.
In the event of circumstances of force majeure, the obligations of the Party which is adversely affected shall be suspended; force majeure shall be deemed to include acts or omissions on the part of the government or of competent authorities, breakdowns or failures of the telecommunications networks, insurrections, civil war, war, military operations, national or local states of emergency, fire, lightning strikes, explosions, strikes, flooding, storms, third party acts.
Should one or more terms of the General Terms and Conditions of use of the Collector Square Platform be deemed null and void, this shall not lead to the nullity of the rest of this document.
Article 12 – Protection of personal data
Article 13 – Applicable law - Settlement of disputes