Web Site Terms of Use

Last Updated: May 2^nd, 2024

 

IMPORTANT: These Web Site Terms of Use are subject to updates regarding the creation of two new articles “AI Features” (Article 9) and “Decisions made by Vestiaire Collective and internal complaint handling system” (Article 15), and some clarifications following the entry into force of the EU Digital Services Act. 

1. Acceptance of the Web Site Terms of Use

 

Vestiaire Collective SA is a public limited company incorporated in France, whose registered address is 53 rue de Châteaudun, 75009 Paris, France, registered in Paris, France under no. 517 465 225. Vestiaire Collective SA is the owner of the web Site http://www.vestiairecollective.com (and related sites) and the Vestiaire Collective Smartphone applications (collectively the “Web Site”).

 

The entity you are contracting with for the provision of services depends on your country of residence:

 

-             Vestiaire Collective SA, if you reside in the European Union, the United Kingdom or any other country or territory outside the Americas region or Asia-Pacific region (refer below);

 

-             Vestiaire Collective Americas Inc., The Corporation Trust Center, 1209 Orange Street, in the City of Wilmington, County of New Castle, DE 19801, if you reside in the United States, Canada or any other country or territory in the Americas region (comprising North America, Central America and South America); and

 

-             Vestiaire Collective Singapore Pte. Ltd., 9 Straits View, #06-07 Marina One West Tower, Singapore 018937, if you reside in Singapore, Hong Kong, China, South Korea, Japan, Australia or any other country or territory in the Asia-Pacific region.

 

In these Web Site Terms of Use (the “Terms of Use”), these entities are individually and collectively referred to as “Vestiaire Collective”, “we”, “us” or “our”.

 

These Terms of Use, which include any documents they expressly incorporate by reference, govern your access to and use of our Web including any content, functionality, and services (collectively, the “Services”) that we may offer on or through our Web Site, whether or not you have registered for an account.  The Services that we offer include Services that enable Users to buy and sell second-hand fashion products (the “Products”).  The Buyer Terms and Conditions apply to Users who use our Services to Buy Products. The Seller Terms and Conditions apply to Users who use our Services to Sell Products.

 

Please read these Terms of Use carefully before you start to use the Web Site, as they contain important information regarding your legal rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.

 

THESE TERMS OF USE REQUIRE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION, OR CLASS ARBITRATION.

 

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ENTER INTO ANY TRANSACTION ON THE WEB SITE. THIS WEB SITE IS NOT DIRECTED TO, AND SHOULD NOT BE ACCESSED BY, CHILDREN UNDER 13 YEARS OF AGE.

 

By using or accessing our Web Site and Services, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Web Site or Services.

 

2. Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Web Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

3. Creating an account

 

To access the Services on our Web Site, Users may be required to create an account, either by providing an e-mail address and a password, or by using the Facebook Connect feature. It is a condition of your use of the Web Site that all information you provide to create an account is accurate and up-to-date. Users must be 18 years of age or older and must have full legal capacity to enter into a sale.

 

Once registered, Users can access and use their accounts using the login information provided at the time of registration. You are responsible for, and must treat your login information as, confidential, and you must never disclose your login information to any third party or let any third party use it. You agree to exit from your account at the end of each session, and you agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

You are solely responsible for your account, which is personal to you, and you agree not to provide any other person with access to the Web Site or portions of it using your login information. You agree not to create any duplicate accounts or use any account other than the account you created at initial registration, whether under your own name or someone else’s name. If you have the option to choose a username, you agree not to choose a username that infringes on someone else’s intellectual property rights, or that identifies an e-commerce Web Site other than our Web Site. Vestiaire Collective has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, or to close your account, at any time in our sole discretion or for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

You agree to notify Vestiaire Collective, via the FAQ contact form available at http://faq.vestiairecollective.com, of any unauthorized or fraudulent access to or use of your login information, or any other breach of security, by a third party, as soon as you become aware of it. You agree to compensate Vestiaire Collective for any damage, loss, or costs incurred by Vestiaire Collective as a result of any other person accessing information in your account, if you authorized, or were aware of, such access.

 

You acknowledge that by using the Facebook Connect feature to register on the Web Site , you shall be asked to permit Vestiaire Collective to access certain information from your Facebook account, including your first and last name, your Facebook identifier, your e-mail address, your gender, your date of birth, your profile picture, your list of friends, and all other public information contained in your Facebook account. For more information, please see our Privacy Policy & Cookies.

 

Users can now be found and search for other members of the Vestiaire Collective community thanks to the "find by user" tool. Users can find other Users thanks to (1) the username and (2) the first name. It is not possible to find a User thanks to his/her last name or email address. The username can be publicly found only by the members of Vestiaire Collective. The username is automatically created (update it for Users to better find you!) The username can be changed anytime, as many times as wanted. The username is unique, hence no User can have the same username.

 

You may use the Web Site and our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Web Site or Services in any way that violates any applicable federal, state, local, or international law or regulation.

 

4. Referral Program

 

Any User may refer a third party, subject to the Referral Terms & Conditions, to benefit from the Services offered on the Web Site and to register on the Web Site. For the purposes of the Referral program of Vestiaire Collective (the “Referral Program”), any third party who accesses or registers on the Web Site as a result of being referred by a current User shall himself or herself become a User, and also shall be deemed a “Referred Person”. The User who referred the Referred Person to the Web Site and Services shall be deemed a “Referrer”. Both the Referred Person and the Referrer shall be granted certain rights in accordance with the Referral Rules.

 

5. WARRANTIES, LIMITATION OF LIABILITY, and INDEMNIFICATION

 

Our Web Site and Services are provided “as is” and without any kind of warranty (express or implied). Vestiaire Collective expressly disclaims any warranties of title, non-infringement, security, accuracy, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

 

Vestiaire Collective does not guarantee that (i) the Web Site will be secure or available at any particular time or location, (ii) any defects or errors will be corrected; (iii) the Web Site will be free of viruses or other harmful materials; (iv) the results of using the Web Site and Services will meet your expectations; or (v) that the User Content is accurate or reliable. You use the Web Site and Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

 

Vestiaire Collective hereby disclaims liability for any damage or loss arising from any activity performed by the User on the Web Site, such as, but not limited to, any losses of data, any loss of a sale or purchase opportunity, any loss of earnings, of turnover, of business activity, of opportunities or of clients, any damage to the User’s reputation or interruptions of their activity, and any indirect loss or damage incurred by the User, or any impediment or delay in the performance of its obligations, caused by any act or omission on the part of a User (or of any person acting for and on the User’s behalf) or arising from force majeure.

 

Vestiaire Collective makes no representations concerning any User Content (as defined below) posted through the Services. We do not endorse, and we are not responsible for the accuracy, reliability, copyright compliance, legality, or decency of such User Content posted by Users through the Services. You release Vestiaire Collective from all liability relating to such User Content. You can use the Services to interact with other Users. You understand that we do not screen the Users of our Services, and you release us from all liability relating to your interactions with other Users.

 

Our Services may contain links to third party Web Sites or services that we do not own or control (“Linked Sites”). Vestiaire Collective shall not be liable for any content that is hosted on Linked Sites; such content shall be the responsibility of the Linked Sites themselves. Linked Sites may require you to accept their own terms of use and other conditions. Vestiaire Collective is not a party to those agreements; they are solely between you and the Linked Site. It is up to the Users who hold intellectual property rights over any content hosted on a third-party Web Site and who did not authorize the use of their content, to contact the administrator of the relevant Linked Site directly and request that the content at issue be deleted.

 

Vestiaire Collective does not provide any warranty against losses or damage that may be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, malware or any other program designed to damage, destroy or degrade in any other way the functionality of, or impede the proper operation of, a computer or mobile device, including any transmission arising from the downloading of any content by a User, any software applications used by a User to download the content of the Web Site, or of the server that can be used to access same. Users acknowledge that it is their responsibility to install anti-virus software and appropriate security applications on their computer equipment and on any other system in order to protect them against any bug, virus or other such malicious program.

 

You understand and expressly agree that, to the fullest extent permitted by law, neither Vestiaire, nor its subsidiaries, affiliates, officers, employees, agents, partners, or directors shall be liable to you for (i) any loss or damage caused by your reliance on information obtained through the Web Site, (ii) your reliance on any Product or Service obtained through the Web Site, (iii) lost profits or revenues, or (iv) any consequential, incidental, direct, indirect, special, or punitive damages arising out of or in connection with the Web Site, Services, or these Terms of Use (even if Vestiaire Collective has been advised of the possibility of such damages). Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

 

You agree to defend, indemnify, and hold harmless Vestiaire Collective and its subsidiaries and affiliates, and its and their officers, employees, agents, partners, or directors, from and against all claims, demands, liabilities, losses, costs, and other damages of any kind, (including reasonable attorneys’ fees) arising from or in connection with your actions, your use (or misuse) of our Web Site or Services, your breach of these Terms of Use, your breach of the Buyer Terms and Conditions and/or the Seller Terms and Conditions (as applicable), or  your violation of any applicable law or of the rights of a third party (including infringement of intellectual property rights). We reserve the right to control the legal defense of any claim to which this indemnity may apply and, in such case, you agree to cooperate with us.

 

6. User Content

 

6.1 Creation of User Content

 

Users may create product pages containing information, descriptions, and photographs of the Products they wish to offer for sale (“Product Pages”) as well as a personal profile (“Profile”), and can also post comments about the Products that are put online by other Users (such comments, the “User Comments” and, collectively with the Product Pages and Profile content, the “User Content”).

 

By creating and posting User Content to the Web Site, you grant to Vestiaire Collective and its subsidiaries, affiliates, and service providers, and to each of their and our respective licensees, successors and assigns, the right to:

 

• Use, display, store, reproduce, modify, distribute and exploit any and all User Content, in whole or in part, worldwide, royalty-free, in perpetuity, in all formats, by any means and on all media, including but not limited to on the Web Site and in our commercial and marketing materials, including the “Alerts” and “Newsletters”;
• Modify the presentation of the photographs of any Products, such as by resizing or cropping the photographs and removing the background of a Product so that it appears over a white background.

 

Vestiaire Collective respects the intellectual property rights of others and accordingly prohibits Users from disseminating, downloading, putting online or otherwise transmitting any content that infringes the intellectual property rights of a third party.

 

You represent and warrant that (a) you own or control all rights in and to your User Content and have the right to grant the license granted above to us and our subsidiaries, affiliates, and service providers, and to each of their and our respective licensees, successors, and assigns, and (b) all your User Content does and will comply with these Terms of Use, the Buyer Terms and Conditions and/or the Seller Terms and Conditions (as applicable), and all applicable law.

 

You understand and acknowledge that you, not Vestiaire Collective, have full responsibility for any User Content that you post or contribute, including its legality, reliability, accuracy, and appropriateness.  You agree not to post any User Content that is false or misleading or that uses the Services in a manner that is fraudulent or deceptive.

 

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or by any other User of the Web Site.

 

You shall hold Vestiaire Collective, and its subsidiaries and affiliates, and its and their respective officers, employees, agents, partners, and directors harmless against any claims raised by third parties in connection with the content of your User Content, including the description and photographs provided on your Product Pages for any Products that you may offer for sale on the Web Site.

 

6.2 No monitoring of the User Content by Vestiaire Collective

 

Vestiaire Collective has no control over and hereby disclaims liability for the accuracy or the correctness of any User Content or third-party content; Vestiaire Collective shall not have any obligation to check the appropriateness of such content that is posted or downloaded on the Web Site. Vestiaire Collective shall act at all times merely as a host and hereby disclaims liability for the data or information that is uploaded by the Users, including any content that is put online or uploaded into a Product Page. Vestiaire Collective shall be entitled to remove any User Content in case of violation of the rights of a third party and/or of these Terms of Use governing the use of the Web Site.

 

Only the Users who post or send information to the Web Site shall be liable for this information, which shall not necessarily reflect the opinions or the principles of Vestiaire Collective. Vestiaire Collective therefore does not guarantee that this information shall be complete and accurate. Any decision by a User based on the information posted or uploaded by other Users shall be taken based on their judgement alone and their sole assessment under their sole responsibility.

 

Without prejudice to the above, Vestiaire Collective uses automated means to detect illicit contents and contents which infringes the Terms and Conditions, such as tools used for the purpose of content moderation, prevention of platform circumvention and detection of online fraud. Automated decisions made by Vestiaire Collective can be reviewed by a human upon request via our Help Center or via our Privacy portal.

 

6.3 Notification of illicit content or infringement of intellectual property rights

 

If you think that any User infringes any laws or regulation or our Terms and Conditions, or that any content and/or a Product Page contains a defamatory or illegal message or that your intellectual property rights have been infringed by an article or any information featuring on the Web Site, please notify this to Vestiaire Collective by:

• contacting us via our contact form available via our Help Centre; or
• use the report button available on each User profile to report a User (click here to know more on the “report a user” button); or
• use the report button available on each Product Page to report a product (click here to know more on the “report an item” button).

 

It is the policy of Vestiaire Collective to respond as soon as possible to claims about infringements of intellectual property rights and to take action in response to any notifications of clear infringements of intellectual property rights. Should you have any claim or complaint regarding infringements of intellectual property rights, please send it to legal@vestiairecollective.com.

 

Vestiaire Collective is a signatory of Charte de lutte contre la contrefaçon sur Internet, a French convention against infringement of intellectual property rights over the Internet. To that end, Vestiaire Collective undertakes to apply the procedures for combating infringements of intellectual property rights that are described in the Charter, in favour of both consumers and the rights holders.

 

By examining the Products (if and when applicable) prior to sending them out, Vestiaire Collective attempts to combat the infringement of intellectual property rights or the sale of Products whose sale is prohibited.

 

7. Rights over a person’s image

 

Upon creation of a Profile or a Product Page, Users may post photographs of themselves. By accepting these Terms of Use, the Users hereby authorize Vestiaire Collective to use their image as part of the operation of the Web Site.

 

This authorization is granted for the entire period during which a User shall have an account and/or a Profile on the Web Site. Users may withdraw their authorization to use their images by contacting us through the following link: http://faq.vestiairecollective.com. Users hereby represent and warrant that the photographs used in their Product Pages or their Profiles do not constitute an infringement of the image rights or the privacy of third parties.

 

8. Personal data

 

All personal and other information provided by or obtained from Users through their registration on and/or their use of the Web Site, and their commercial relationship with Vestiaire Collective in general, shall be handled in accordance with our Privacy Policy & Cookies. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.

 

9. AI Features

 

9.1 Use of AI Features

 

The Users may submit User data (including in the form of prompts or queries) to the AI Features

(“Inputs”) and receive outputs from the AI Features (“Outputs”).

“AI Features” means large language models (“LLMs”) or other machine learning or AI features of the Vestiaire Collective Web Site.

 

9.2 Content

 

The User shall be solely responsible for any information or content included in the Input.

 

9.3 Accuracy

 

Vestiaire Collective does not guaranty accuracy of any Output generated by the AI Features. Given the probabilistic nature of machine learning and AI, the use of AI Features may result in incorrect Outputs that do not accurately reflect the action generated. The User shall evaluate the accuracy of any Output and shall not rely on Vestiaire Collective to do so.

 

9.4 Restrictions

 

The User hereby represents and warrants that it will not, nor will it authorise anyone on its behalf,

including an authorised User, to:

(a) mislead anyone that the Output is human-generated;

(b) use the AI Feature to generate content that expresses or promotes hate, harassment, or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses personal data, contains malware, unsolicited bulk content, ransomware, viruses, or other software;

(c) use the AI Feature for activities which has high risk of economic harm, for adult content, adult

industries, and dating apps; offering tailored financial advice without a qualified person reviewing the information; to provide health advice, political campaigning or lobbying;

(d) use the AI Feature in a way that infringes, misappropriates or violates any third-party rights;

(e) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI Feature (except to the extent such restrictions are contrary to applicable law); and

(f) use any method to extract data from the AI Feature, including web scraping, web harvesting, or web data extraction methods.

 

9.5 Disclaimer and Limitation of Liability

 

Outputs are generated through machine learning processes and are not tested, verified, endorsed or guaranteed to be accurate, complete or current by Vestiaire Collective. Users should independently review and verify all Outputs as to appropriateness for any or all Customer use cases or applications.

The warranty disclaimers and limitations of liability in the Website Terms of Use apply to the AI Features.

 

IN ADDITION TO ANY DISCLAIMER SET FORTH IN THE AGREEMENT, THE AI FEATURE IS PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS.

VESTIAIRE COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE VESTIAIRE COLLECTIVE AI FEATURE, OR THE INFORMATION, TEXT, TRANSCRIPTION, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURE. VESTIAIRE COLLECTIVE WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI FEATURE OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT. NEITHER VESTIAIRE COLLECTIVE NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF VESTIAIRE COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

 

10. Intellectual property statement concerning the Web Site

 

All of the content of the Web Site (texts, comments, illustrations and images, be they visual or audible) other than the User Content is protected by copyright, trademark and/or patent laws, for the world as a whole. Any total or partial reproduction of all or part of the Web Site is strictly prohibited and shall be considered as an infringement of the intellectual property rights of Vestiaire Collective and/or of its licensors.

 

11. Rules of good conduct

 

Users agree to use the Web Site (including any and all existing or future Services offered) in good faith, for lawful purposes, and solely in accordance with these Terms of Use, the Buyer Terms and Conditions and/or the Seller Terms and Conditions (as applicable), and all applicable law. Users agree not to use the Web Site in any way that violates these Terms of Use or any applicable federal, state, local, or international law or regulation, or in any way that infringes upon the rights of Vestiaire Collective or any third party. Vestiaire Collective is not responsible or liable for any User’s use of, or actions and behavior on, the Web Site. Users acknowledge and agree that they are fully responsible for their use of the Web Site and that their actions and behavior on the Web Site may make them liable to Vestiaire Collective or to third parties.

 

By using the Web Site and Services, Users agree to conduct themselves in a respective and courteous manner. They acknowledge and agree that it is a violation of these Terms of Use to provide or post any content on or to the Web Site, whether in their user name, User Content, exchanges with other Users (including through the instant messaging (the “chat”) feature), or anywhere else, that is defamatory, denigrating, threatening, harassing, violent, vulgar, obscene, offensive, inappropriate, hateful, discriminatory, or otherwise reprehensible, or that infringes on the rights of third parties. Vestiaire Collective reserves the right to remove such content, including through automated means using scanning and detection algorithms. Vestiaire Collective further reserve the right to request or require at any point in time that a User choose a new, acceptable username, or remove or modify any infringing or reprehensible content.

 

In general, when using the Website, any action, content, behavior, or statement of a User likely to deceive, mislead, shock, defraud, swindle or, in general, cause prejudice to any other User and/or to Vestiaire Collective (including members of its staff) may be subject to, at the discretion of Vestiaire Collective and without prejudice to any claim for compensation:

• a reminder of the rule of good conduct;
• a formal notice;
• a temporary suspension or permanent interruption of access to some services available on the Web Site (e.g. ban from the Chat between Users, limitation of the visibility of a Product listed, etc.);
• a suspension or permanent interruption of a User’s account;
• a testimony, denunciation, or complaint to the competent authorities regarding your activity (whether initiated proactively or in response to a police request).

 

For example, this could be the case in the following scenarios (not exhaustive):

1. Violation of our Terms and Conditions and other policies available on the Web Site: Breaching the Terms, such as engaging in prohibited activities or violating community guidelines, failure to adhere to specific policies, such as shipping guidelines, payment terms, or product listing requirements, engaging in behaviour that disrupts the marketplace community, such as harassment, spamming, or creating a hostile environment for other users, demonstrating a pattern of violating the rules or policies, despite warnings or previous suspensions, indicating a lack of willingness to comply with guidelines, being the subject of complaints or claims by other Users, sending Products that are defective or do not comply with their Product Sheet.
2. Fraudulent Activity: Participating in fraudulent schemes, including scamming other users, using fake accounts, or engaging in identity theft.
3. Illegal or Harmful Content: Posting illegal or harmful content, such as counterfeit goods, copyrighted material without permission, or items that pose a safety risk.
4. Misrepresentation: Providing false information about products, services, or oneself, including misleading descriptions, fake reviews, or inaccurate product images.
5. Payment Issues: Defaulting on payments, engaging in fraudulent transactions, or repeatedly disputing charges without valid reasons.
6. Security Concerns: Compromising the security of the marketplace platform, attempting to hack accounts, or engaging in malicious activities that threaten the integrity of the system.
7. Legal Compliance: Failing to comply with local, national, or international laws and regulations governing online marketplaces, such as tax requirements or import/export laws.

 

Vestiaire Collective will inform Users of the sanctions taken against them and will allow them to oppose this decision, within the limits set by applicable regulations.

 

We may also take these actions against a User who has sent inappropriate content to any other User through the chat tool. Vestiaire Collective can automatically detect inappropriate content sent through the chat tool using its scanning and detection algorithms. Each User also has the ability to block any other User from contacting him or her through the chat tool.

The examples above-mentioned are not restrictive and Vestiaire Collective reserves the right to moderate the Web Site when litigious behaviours are notified to it.

 

Users formally refrain from contacting each other directly in order to negotiate and/or conclude a transaction relating to a Product outside the Web Site or, in general, in a manner that is detrimental to the rights or interests of Vestiaire Collective. Users also refrain from disseminating links to other websites and/or identification elements of other websites on which the Products would also be sold, except with the written agreement of Vestiaire Collective. Users agree not to disclose personal or bank details via the Website. In particular, the Chat must not be used for any purpose other than to obtain information on a Product offered for sale on the Website.

 

Users further agree not to post links to other websites and/or any other identifying elements of any other Web Sites on which Users may sell the products that are put up for sale on the Web Site, except with the prior written consent of Vestiaire Collective.

 

Users agree not to disclose any personal information, including bank account information, through the Web Site. You also agree not to use the chat tool for any purpose other than to obtain or provide information about a product that is put up for sale on the Web Site.

 

Users agree to refrain from making any unwarranted and denigrating comments about the Web Site and/or about other Users, or from making any comments that may be defamatory or damaging to the integrity of the reputation of Vestiaire Collective, its personnel, and/or the other Users.

 

Any User in violation of these Rules of Good Conduct may be liable to Vestiaire Collective and/or to other Users.

 

12. Acceptable use policy of the Web Site

 

Users shall not develop or use any third-party applications that interact with the Web Site without Vestiaire Collective prior written consent, including any scripts designed to scrape or extract data from the Web Site.

 

13. Vouchers

 

Vestiaire Collective may from time to time issue vouchers via email (or other electronic method) to be used in accordance with the following conditions:

 

• Vouchers are only valid for use on Vestiaire Collective's Web Site by Users with a registered Vestiaire Collective account;
• Vouchers may only be used with the Vestiaire Collective account linked to the email address to which the voucher was issued;
• Vouchers may only be used for the purchase of eligible listings, being Items which have been accepted by our team of authentication experts, not withdrawn from the Web Site or, in the case of a sale, not subject to cancellation;
• Vouchers are non-transferable, non-exchangeable, non-refundable and under no circumstances redeemable for cash;
• Vestiaire Collective is not responsible for vouchers which are lost, stolen, deleted or used without the permission of the registered User;
• Vouchers may not be used in conjunction with any other offers or promotions;
• Vouchers apply only to the purchase price of the Item and do not apply to applicable authentication fees, shipping fees, customs duties or taxes; and
• Unless otherwise specified, vouchers are valid for one (1) use only and must be used within the time period (if any) specified at the time of issue.

 

In addition to the above, Vestiaire Collective may from time to time specify additional conditions for the use of vouchers on Vestiaire Collective.

Vestiaire Collective reserves the right to cancel or set an expiry date for any issued voucher, including circumstances where:

 

• The voucher is not used strictly in accordance with the conditions of use;
• Vestiaire Collective suspects fraudulent use or voucher abuse; or applicable privacy regulations require a User’s account to be deleted due to inactivity.

 

14. Availability of the Web Site

 

Vestiaire Collective reserves the right to withdraw or amend the Web Site, and any Services we provide on the Web Site, in our sole discretion without notice. We will not be liable if, for whatever reason, all or any part of the Web Site is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some parts of the Web Site, or to the entire Web Site, to Users. Vestiaire Collective does not provide any guarantee relating to the availability or the accessibility of the Web Site and does not guarantee that the User’s access to the Web Site, the content featured on the Web Site or the Services that it offers shall be provided without interruption, within the timescales stipulated, or free of errors.

 

15. Decisions made by Vestiaire Collective and internal complaint handling system

 

Vestiaire Collective shall inform by electronic means the Users (both the “Reporter” and the “Reportee”) of any decisions it makes following the reception of a notification of an illicit content or content that violates the Terms.

 

In its decision, Vestiaire Collective will give the grounds of its decision and offer access to an efficient internal complaint-handling system for a period of at least six months following the decision. This system will enable the Users to lodge complaints electronically and free of charge against the decision made by Vestiaire Collective.

 

By derogation, in some cases, Vestiaire Collective reserves the right not to provide details on certain reasons, especially when prohibited by law or authority, when it could harm an ongoing investigation, or disrupt fraud prevention activities.

 

The Users shall also be entitled to select any out-of-court dispute settlement body in order to resolve disputes relating to those decisions, as described in Section “Mediation” of the Seller Terms and of the Buyer Terms.

 

16. Governing Law, Forum, and Waiver of Class Action Rights

 

All matters relating to the Web Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of France.

 

You agree that any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Web Site or Services shall be submitted exclusively to the courts of France. IN ALL CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION, OR CLASS ARBITRATION, IN ALL JURISDICTIONS INCLUDING YOUR HOME JURISDICTION.