Consignment conditions
1. The depositor who wishes to sell items referred to in Article 2 below, deposits them in the hands of the depositary, the company GABY PARIS, with a mandate to sell them in its name.
2. GABY PARIS is therefore not the owner of the items it offers for sale on behalf of the depositor. It acts as an intermediary.
3. Deposit procedure: The item is deposited in our store "GABY PARIS" by appointment. In the event of an agreement between the depositor and the depositary to entrust the object to deposit with a mandate to sell it on behalf of the depositor, the depositor signs a deposit slip containing the name of the depositor, the date of deposit, the description of the deposited object, the price that will be paid to the depositor following the sale of the object.
GABY PARIS operates a consignment store for luxury products. Only luxury products from the brands of major French and foreign fashion houses (i.e., but not limited to, Hermès, Chanel, Vuitton, Dior, Gucci, Saint Laurent, Céline, Prada, etc.) may be deposited. Items must be new or in excellent condition, except for iconic accessories that are not time-limited but in impeccable condition. GABY PARIS therefore reserves the right not to accept for consignment items that do not meet the above criteria. GABY PARIS examines the item in detail. Its experience and know-how allow it to verify that the product meets the characteristics of the brand it bears. In case of doubt about the authenticity of the brand, GABY PARIS reserves the right not to accept an item for consignment or offers to consult, with the consent of the depositor and at its expense, a recognized expert on the brand and the product concerned.
GABY PARIS reserves the right to withdraw from the sale without notice but by informing the depositor, by email with acknowledgment of receipt, or, if the depositor does not have an email address, by registered mail with acknowledgment of receipt, as soon as possible, of any item that presents a malfunction or a quality defect not visible at the time of deposit and which would thus make it unfit for sale under the quality conditions required by the company GABY PARIS. The same will apply strictly to any item for which GABY PARIS has doubts about the identification of the presumed owner, without prejudice to any damages that could be claimed by the depositor deceived by the depositor.
The depositor is responsible for the quality of the item offered for sale. In the event of non-functioning or hidden defects, or inauthenticity of the deposited product(s), the depositor must reimburse or at least compensate the buyer or depositor.
The sale price is mutually agreed between the depositor and the depositary and is set based on the price of the item on the second-hand luxury goods market, its condition and, where applicable, its rarity or not.
GABY PARIS receives a commission on the sale and pays the principal amount of the sale price, less its commission including tax. The commission received by GABY PARIS varies from 10 to 35% including tax of the sale amount including tax depending on the nature, quality and rating of the items offered. GABY PARIS pays the VAT due to the State for the resale of used items. For example, in the event of the sale of an item at a price of €1,000 including tax and an agreed commission of 20% including tax: The depositor receives €800; The sales commission will amount to €200 including tax, of which €166.67 for GABY PARIS and €33.33 VAT to be paid to the State.
The depositor gives the depositary, the company GABY PARIS, a mandate to sell the deposited items on its behalf and authorizes the depositor to deduct, from the sale price of said items, the commission at the agreed rate expressed as a percentage of the sale price. The deposited items are placed in storage with an exclusive sales mandate for a period of 3 months, renewable by tacit agreement for further periods of the same duration up to a maximum of one year. If the depositor wishes to recover his/her item(s) before the end of the 3-month period, a fixed compensation of €100 per recovered item will be requested and will be due.
At the end of each quarter, if the deposited item has not been sold, the depositor can request its return by simply calling, respecting a 48-hour notice period. GABY PARIS may also return the item to the depositor and will inform them so that the latter can recover their item. If neither the depositor nor the depositary have expressed their willingness to recover or return the item at the end of this period, the deposit contract with exclusive sales mandate will be renewed for a period of 3 months.
In case of termination of the contract, the depositor will have 6 months to recover his item. After this period, the item will be returned to the works. The depositor can follow the progress of the sale of his deposited item by simply calling the store, indicating his identity and deposit card number. No information will be given by email, in order to avoid fraud. As soon as the sale has taken place and the price paid by the buyer, the depositor informs the depositor and pays him the sale price less the agreed commission. In order to receive payment of the sale price of his item, the depositor must present his deposit slip as well as his identity document. • Payment is made by bank transfer for customers residing abroad • Cash within the legal limit in application of tax provisions (€1,000 for nationals, up to €10,000 for internationals upon presentation of the passport with 48 hours' notice) • Check payable to the depositor.
The depositor declares that the items he deposits with a sales mandate are his property and are not pledged. He also declares that said items are authentic and that he acquired them legally.
The depositor authorizes the depositor, the company GABY PARIS, to photograph the item thus deposited with a mandate to sell it, and to display them on the depositor's website "GABY PARIS". The depositor also accepts, in the event of a sale, that said item remains on the site, with the mention "sold" in order to promote the quality of the items offered by the company GABY PARIS.
The store is insured against civil liability, theft, and fire on its premises. In the event of theft or damage to a stored item, compensation will be subject to the liability of the insurance taken out by GABY PARIS.
GABY PARIS cannot be held liable if the non-performance or delay in the performance of one of its obligations results from a case of force majeure, within the meaning of Article 1218 of the Civil Code. The Party noting the event must immediately inform the other Party of its inability to perform its service and provide proof thereof to the latter. The suspension of obligations may under no circumstances be a cause of liability for non-performance of the obligation in question, nor give rise to the payment of damages or late payment penalties. The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Consequently, as soon as the cause of suspension of their reciprocal obligations ceases, GABY PARIS will make every effort to resume the normal performance of its obligations as soon as possible. If the impediment is permanent or exceeds a period of 30 days, the depositor may recover his property and the sales mandate will end.
Any disputes that may arise from the purchase and sale transactions concluded under these general conditions of deposit with sales mandate, concerning their validity, interpretation, execution, termination, and consequences, which cannot be resolved amicably between the applicant-agent and the agent-depositor, will be submitted to the competent courts under the conditions of common law.
The depositary-mandator is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with mediation bodies. existing sectoral issues, or any alternative method of dispute resolution (conciliation for example) in the event of a dispute.
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