When used in this Agreement, the following terms shall have the meanings set forth below:
"CTCs": Consignment Terms and Conditions;
"the Service": Consignment of goods through Fancy Lux or Direct Sale of the good to Fancy Lux.
"the User/Users": the individual who subscribes the Service and accepts the term of the Agreement;
"the Property/Objects/Items": the good/goods belonging to the User and subjected to the Service.
The present CTCs define the ways in which FANCY LUX allows Users to sell their own Property on fancylux.com and any of our retail store locations if applicable.
The User agrees to not reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or the access to the Service, or any sort of the Agreement made on the Website on which the Service is offered without the express written authorization of FANCY LUX.
Please read this Agreement carefully. You must agree to the CTCs if you wish to consign goods through Fancy Lux SA. Fancy Lux offers a Consignment Service and a Direct Sale service. The specifications of the two Services can be read, respectively, in section 4 and 5. Otherwise, the sections of this Agreement are intended to be valid for both Services.
1. DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE
Fancy Lux SA accepts the Property from the User on a consignment or direct sale basis only. Fancy Lux SA provides a pre-payed shipping label. The shipment with Fancy Lux's label is insured. If the User decides to ship at its convenience, they are responsible for all risk of loss or damage to the Property until Fancy Lux SA takes physical possession of it.
If an item of Property is damaged, stolen, or lost while in Fancy Lux SA's possession, it will be treated as Sold and Fancy Lux SA will refund the item.
2. PROPERTY ACCEPTANCE CONDITIONS
Upon receipt, Fancy Lux SA will evaluate each item of Property to determine, in its sole discretion, its authenticity, quality, and value. The item’s condition will affect the valuation.
Fancy Lux SA only Accepts Property: that Fancy Lux SA determines in its sole discretion to be in very good to excellent condition and that Fancy Lux SA determines in its sole discretion to be authentic.
Property that does not meet the above requirements will not be accepted and will be returned to you. Fancy Lux SA will charge the User a fee of CHF 35, which reflect FANCY LUX SA’s up-front costs of storing, cataloguing, and examination of the Property, plus applicable shipping costs. Fancy Lux SA shall have no obligation to return the Property to you unless and until you pay Fancy Lux the costs of return prior to shipment.
3. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS
Users are responsible for ensuring the authenticity of all Property provided. If Fancy Lux SA cannot confirm the authenticity of any item of the provided Property, it shall have the right in its sole discretion to refuse to accept the item. If Fancy Lux SA determines at any time that an item of Property is counterfeit, Fancy Lux SA shall notify the User that it has made such a determination and the User will have an opportunity to provide proof of purchase/other proof of authenticity acceptable to Fancy Lux SA. Users acknowledge and agree that any objects Fancy Lux SA finally determines to be counterfeit will not be returned and instead will be destroyed.
The User acknowledges and understands that Fancy Lux SA is subject to laws and regulations relating to claim that consigned objects are counterfeit, have been stolen, or otherwise violate applicable law. Fancy Lux SA takes such reports seriously and will cooperate with law enforcement in all investigations.
4.1 SELL TO OUR COMMUNITY: CONSIGNMENT PERIOD AND RETURN OF PROPERTY
The "Consignment Period" for each item of Property begins on the date Fancy Lux SA Accepts the item for consignment. At any time during the Consignment Period, and subject to this provision, the User may request in writing that Fancy Lux SA return the Property, so long as the item has not already been Sold. Once Fancy Lux SA receives the Return Request, will use any commercially reasonable efforts to remove the announce from www.fancylux.com (the "Site") and from any of our retail store locations if applicable, before it is sold. It is the User's responsibility to ensure that Fancy Lux SA has its most current contact information and mailing address.
(a) If the Return Request is made 90 days or less from the date Fancy Lux SA accepted the item of Property, Fancy Lux SA will return the item.
Additionally, Fancy Lux SA will charge the User a fee of CHF 300 per objects over CHF 1.000 and CHF 100 per objects under CHF 1.000, which fees reflect FANCY LUX SA’s up-front costs of storing, cataloguing, and photographing the item in preparation for sale, plus applicable shipping costs. Fancy Lux SA shall have no obligation to return the Property to the User unless and until it's paid the costs of return prior to shipment.
(b) If the Return Request is made more than 90 days after acceptance, the object will be returned maximum within 35 days, subject to payment of CHF 20 to offset the shipping costs. Fancy Lux SA shall have no obligation to return the item to the User unless and until it's paid the costs of return prior to shipment.
4.2 SELL TO OUR COMMUNITY: EFFORTS TO SELL; PRICE
So long as the User comply with this Agreement, the Property will display on the Site and, at Fancy Lux SA’s sole discretion, displayed and made available for sale at one of our retail locations. Fancy Lux will make commercially reasonable efforts to sell the Property. Users acknowledge and agree that: Fancy Lux SA and the User will agree in writing to the initial selling price and a specific offer price at which a specific object must be sold. The price for each item of Property is based on its evaluation of that item, together with its determination of the current market price for that item.
Occasionally the Property may be included in promotions at a discounted price, only if the User has indicated a specific offer price. The promotion won't exceed the minimum price offer.
4.3 SELL TO OUR COMMUNITY: TITLE TO PROPERTY
The User will continue to own and have title to each item of Property until that item is "Sold". An item will be considered Sold when:
(a) it is sold by Fancy Lux SA to a customer and not returned to Fancy Lux SA within the period specified in Fancy Lux SA's then-current Return Policy;
(b) it is lost, stolen, damaged, or destroyed while in Fancy Lux SA's possession.
4.4 SELL TO OUR COMMUNITY: COMMISSIONS AND PAYMENT
Fancy Lux SA processes payments in 30 days after the Sale. Payments will be made by bank transfers using the IBAN the User have provided in its personal data. The Earn and Commission rate shall be how shown in Fancy Lux’s chart.
|Items||Our commission fee|
|Items from CHF 0 - 150||40%|
|Items from CHF 151 - 450||30%|
|Items from CHF 451 - 1.000||26%|
|Items from CHF 1.001 - 3.000||22%|
|Items from CHF 3.001 - 9.999||16%|
|Items from CHF 10.000||CHF 1.500|
The Earn received for Sales of the Property are the sole compensation the User will receive under this Agreement. The profit will be deducted from CHF 10.50 as compensation for the initial shipping costs of the Property.
Disputes. If there is a dispute between the User and Fancy Lux SA, Fancy Lux SA shall have no obligation to pay any amounts due, including, without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved.
4.5 SELL TO OUR COMMUNITY: TERMINATION
The User and Fancy Lux SA may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice and the costs listed under "Consignment Period and Return of Property" at Section 4.1, will apply.
5.1 SELL TO FANCY LUX: EVALUATION OF PROPERTY; PRICE
Upon receipt, Fancy Lux will at its discretion evaluate the correspondence between the evaluation provided by the User and the real conditions of the Property. The provisions on Paragraphs 2 and 3 apply.
Fancy Lux uses the best experts and technologies to assess the authenticity and condition of the Property. Fancy Lux will send the User a discretionary price proposal, which will take into account market demands, the exclusivity of the Property and its conditions. Fancy Lux assures its good faith in the evaluation of the Property.
5.2 SELL TO FANCY LUX: RETURN OF THE PROPERTY
In case of disagreement on the price proposal, Fancy Lux will consider the direct sale Service as failed. The Property will not be accepted and will be returned to you. Fees in paragraph 2 apply.
5.3 SELL TO FANCY LUX: PAYMENT
In case of agreement between the parties on the proposed price, Fancy Lux will process the payment within 15 days after acceptance. Payments will be made:
a) by bank transfers using the IBAN the User provided in its personal data
b) User can also at his discretion decide to receive a coupon with no expiry date that can be used on fancylux.com. In this case, the value of the coupon will be increased by 5%.
In any case, the payment will be deducted from CHF 10.50 as compensation for the initial shipping costs of the Property.
5.4 SELL TO FANCY LUX: PROPERTY
Following payment, either by bank payment or by issuing the coupon, Fancy Lux will become the full owner of the Property, acquiring the right to enjoy and dispose of the Property, fullness and exclusivity.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE USER EXPRESSLY UNDERSTAND AND AGREE THAT:
THE USE OF THE FANCY LUX’S SERVICES IS AT THE USER'S SOLE RISK. FANCY LUX’S CONSIGNMENT AND ANY OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANCY LUX’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FANCY LUX’S MAKES NO WARRANTY THAT
(A) FANCY LUX’S SERVICES WILL MEET YOUR REQUIREMENTS
(B) FANCY LUX’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT THE USER OBTAINS FROM FANCY LUX’S OR THROUGH OR FROM THE SITE OR THE FANCY LUX’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
FANCY LUX’S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF THE FANCY LUX’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(A) THE USE OR THE INABILITY TO USE FANCY LUX’S SERVICES OR THE SITE;
(B) UN-AUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT;
(D) ANY OTHER MATTER RELATING TO THE FANCY LUX’S SERVICES OR THIS AGREEMENT.
IN NO EVENT WILL THE FANCY LUX’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING THE PROPERTY HEREUNDER.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF THE FANCY LUX’S BUSINESS, AND FANCY LUX WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.
PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
7. YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
The User hereby represent and warrant that
(a) The User have good and marketable title to each item of Property and have the right to consign and sell the Property;
(b) None of the Property is subject to any liens or other encumbrances;
(c) The Property does not include counterfeit goods;
(d) The Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party.
Users hereby indemnify and hold Fancy Lux SA harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Fancy Lux SA as a result of or arising in any way out of Fancy Lux SA's display or sale of the Property, including but not limited to, civil or criminal suits over authenticity or ownership of Property, legality of sales, or copyright or trademark infringement.
This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between the User and Fancy Lux SA, whether tort, contract, or statutory, shall be governed by the laws of the area of jurisdiction of Lugano, without regard to its conflicts of laws principles.
8. AMENDMENTS TO THIS AGREEMENT
Fancy Lux SA may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 14 days’ notice and by notifying you in accordance with "Notices" at Section 14, below.
Revised terms will not apply to Property already Accepted for consignment prior to the effective date of those revised terms.
The User shall be bound by all revised terms on the effective date, including any changes to the Commission Rates, unless the User terminates this Agreement before the effective date of the revised terms. If the User doesn't not agree to any revised terms, the sole recourse is to terminate this Agreement in accordance with "Termination" at Section 8 above before the effective date of the revised terms.
9. ENTIRE AGREEMENT
This Agreement sets forth the final, complete, and exclusive agreement between you and Fancy Lux SA regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter. Except as set forth in "Commissions and Payment" at Section 4.4 and "Amendments to this Agreement" at Section 8 above, this Agreement may be modified only by a writing signed by the User and Fancy Lux SA.
10. NO IMPLIED WAIVER
Any failure by the User or Fancy Lux SA to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision of this Agreement.
If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.
12. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on the User or Fancy Lux SA will survive the termination of this Agreement.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
For any questions or comments about this Agreement, the Site or Fancy Lux SA’s services or wish to terminate this Agreement, please contact
Fancy Lux SA by email at firstname.lastname@example.org.
Users also may write to Fancy Lux SA at:
Fancy Lux SA, Via Francesco Soave 01, 6900 Lugano, CH
Fancy Lux SA shall provide all notices to the User at the email address or physical address provided. Users are solely responsible for keeping that information current with Fancy Lux SA.
Users hereby agree that all agreements, notices, disclosures, and other communications that Fancy Lux SA provides electronically satisfy any legal requirement that such communications be in writing.
15. AUTHORIZATION TO RECEIVE E-MAILS
The processing of the User's personal data for the purpose of communication between Fancy Lux and the same is authorized. The regulations in force and the Privacy Disclaimer conditions apply. User authorizes the sending of e-mails for commercial purposes.
16. AREA OF JURISDICTION
The area of jurisdiction is Lugano, Canton Ticino, Switzerland.