GENERAL CONDITIONS OF DEPOSIT-SALE
ARTICLE 1: DEPOSIT – SALE MANDATE
- The depositor who wishes to sell items referred to in article 2 below, deposits them in the hands of the depositary, the company DV 17, with a mandate to sell them in its name.
- The DV 17 company is therefore not the owner of the objects it offers for sale on behalf of the depositor. He acts as an intermediary.
- Deposit procedure The article is deposited in our store “DEPOT VENTE DE PASSY” located at 14 rue de la Tour, 75016 Telephone 01 45 20 95 21 Only from Tuesday to Friday, from 11am to 6pm and without appointment pring/Summer deposits take place from mid-February to mid-May. Fall/winter deposits, from mid-August to mid-October. In the event of an agreement between the depositor and the depositary to entrust the object in 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 object deposited, the price which will be paid to the depositor following the sale of the object.
ARTICLE 2: ARTICLES DEPOSITED
As DV 17 operates a consignment store for luxury products, only luxury products from the brands of major French and foreign fashion houses can be deposited (i.e., without being exhaustive, Hermès, Chanel, Vuitton, products from Dior, Gucci, Saint Laurent, Céline etc.) Items must be new or in excellent condition, less than 2 years old, except for iconic accessories which have no temporality, but in immaculate condition. DV 17 therefore reserves the right not to be able to accept for deposit articles that do not meet the above criteria. DV 17 examines the article in detail. His experience and know-how allow him to check that the product meets the characteristics of the brand it carries. In case of doubt about the authenticity of the mark, DV 17 reserves the right not to accept an article on deposit or proposes to consult, with the agreement of the depositor and at his expense, a recognized expert of the mark and the product concerned . The DV 17 company does not give any advice other than a deposit with sales mandate. The DV 17 company reserves the right to withdraw from the sale without notice but by informing the depositor, by e-mail with acknowledgment of receipt, or, if the depositor does not have an e-mail address, by registered mail with acknowledgment of receipt. , as soon as possible, any article which would present a malfunction or a quality defect not visible during the deposit and which would thus make it unfit for sale under the quality conditions required by the company DV 17. It will be strictly the same for any article for which DV 17 would have doubts about the identification of the presumed owner, without prejudice to the damages that could be claimed by the depositary deceived by the depositor.
ARTICLE 3: SALE PRICE
The sale price is agreed by mutual agreement between the depositor and the depositary and is fixed according to the price of the object on the market for the sale of second-hand luxury items , its condition. and, if applicable, its rarity or not.
ARTICLE 4: PAYEMENT
The DV 17 company receives a commission during the sale and pays in principal the sale price, after deducting its commission including tax. The commission received by the DV 17 company varies from 10 to 30% including tax of the amount of the sale including tax depending on the nature, quality and quotation of the items offered. DV 17 pays the VAT due to the State for the resale of second-hand items. or example, in the event of the sale of a property at the price of €1,000 including tax and an agreed commission of 20% including tax: The depositor receives 800 euros; The sales commission will amount to 200 euros including tax, including 166.67 euros for the company DV 17 and 33.33 euros in VAT to be paid to the State.
ARTICLE 5: DEPOSIT and MANDATE – DURATION
The depositor gives mandate to the depositary the company DV 17, to sell on his behalf the articles deposited and authorizes to deduct, on the sale price of the said articles, the commission at the agreed rate expressed as a percentage of the sale price. The objects deposited are placed on deposit with an exclusive mandate to sell for a period of three months, renewable by tacit agreement for new periods of the same duration within the limit of one year. At the end of each quarter, if the deposited object has not been sold, the depositor may request its return on simple call, giving 48 hours’ notice. The DV 17 company may also return the article to the depositor and will inform him of this so that the latter can recover his article. If neither the depositor nor the depositary have expressed their desire to recover or return the object at the end of this period, the deposit contract with exclusive sales mandate will therefore be renewed for a period of 3 months In the event of termination of the contract, the depositor will have 6 months to recover his property. After this period, the article will be donated to the works. The depositor can follow the progress of the sale of his deposited property by simply calling the store, indicating his identity and his 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 custodian informs the depositor and pays him the sale price less the agreed commission. In order to collect the payment of the sale price of his object, 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 on presentation of passport with 48h notice) • Check payable to depositary.
ARTICLE 6: OWNERSHIP OF GOODS
The depositor declares that the articles which he deposits with mandate of sale are his property and are not pledged. He also declares that the said objects are authentic and that he acquired them legally.
ARTICLE 7: SALES CHANNELS
The depositor authorizes the depositary, the company DV 17, to photograph the article thus deposited with a mandate to sell it, and to display them on the site of the depositor “DEPOT VENTE LUXE PASSY”. The depositor also accepts, in case of sale, that the said article remains on the site, with the mention “sold” in order to promote the quality of the articles offered by the company DV 17.
ARTICLE 8: INSURANCE
The store is insured against the risks of civil liability, theft and fire on its premises. In the event of theft or damage to a stored item, payment will be made in the same way as a concluded sale.
ARTICLE 9: FORCE MAJEURE
DV 17 cannot be held liable if the non-performance or the 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 impossibility to perform its service and justify it to the latter. The suspension of the obligations can in no way 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. 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, DV 17 will make every effort to resume normal performance of its obligations as soon as possible. If the impediment is final or exceeds a period of 30 days, the depositor may recover his property and the sale mandate will end.
ARTICLE 10:DISPUTES ALL DISPUTES TO WHICH THE PURCHASE AND SALE TRANSACTIONS CONCLUDED PURSUANT TO THESE GENERAL TERMS AND CONDITIONS OF DEPOSIT WITH SALE MANDATE MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, AND THE CONSEQUENCES. CANNOT BE RESOLVED AMICABLY BETWEEN THE APPLICANT-REPRESENTATIVE AND THE REPRESENTATIVE-APPLICANT, WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER CONDITIONS OF COMMON LAW.
The custodian-principal is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with the mediation bodies . existing sectoral issues, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. issues, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.