Legal Notices & Terms and
General Terms and Conditions of Use

Legal Notices

The site www.instantluxe.com is published by the Company Instant Luxe, Société par Actions Simplifiée (Simplified Joint Stock Company under French law), with share capital of €375,275, registered on the Paris Trade and Companies Register under number 509 212 262 and located at 13-15 rue de la Verrerie, 75004 Paris, telephone number +33 (0)1 83 62 49 86, contact@instantluxe.com.

The director of the publication is Yann Le Floc'h.

The site hosting company is OVH, SAS, with a share capital of €10,059,500, registered on Lille Métropole Trade and Companies Register under number 424 761 419 00045, whose registered office is at 2 rue Kellermann – 59100 Roubaix – France, telephone number: +33 (0) 820 698 765.

General terms and conditions of use of the Instant Luxe platform

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE INSTANT LUXE PLATFORM (INCLUDING IN PARTICULAR BROWSING, REGISTRATION, SALE AND/OR PURCHASE OF PRODUCTS ON THE INSTANT LUXE PLATFORM).

BY USING THE INSTANT LUXE PLATFORM, YOU ACCEPT THAT YOUR ARE SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE THAT YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD AND ACCEPTED IN FULL. THESE GENERAL TERMS AND CONDITIONS OF USE APPLY IN FULL, TO THE EXCLUSION OF ALL OTHER TEXTS, CONDITIONS, AND CONTRACTS ISSUED BY INSTANT LUXE OR ANY THIRD PARTIES.

IF YOU DO NOT ACCEPT ANY OR PART OF THE GENERAL TERMS AND CONDITIONS OF USE, YOU ARE NOT AUTHORISED TO USE THE INSTANT LUXE PLATFORM IN ANY MANNER.

IF YOU DO NOT ADHERE TO ANY OR PART OF THE GENERAL TERMS AND CONDITIONS OF USE, WE RESERVE THE RIGHT TO IMMEDIATELY AND AUTOMATICALLY DEACTIVATE YOUR USER ACCOUNT AND/OR BLOCK YOUR ACCESS TO THE INSTANT LUXE PLATFORM.

WE RESERVE THE RIGHT TO MODIFY ALL OR PART OF THE STIPULATIONS OF THESE GENERAL TERMS AND CONDITIONS OF USE AT ANY TIME AND WITHOUT NOTICE. THE NEW PROVISIONS OF THE GENERAL TERMS AND CONDITIONS OF USE AUTOMATICALLY APPLY TO ALL VISITS TO THE INSTANT LUXE PLATFORM FOLLOWING THIS MODIFICATION. WE THEREFORE SUGGEST THAT YOU CONSULT THIS PAGE REGULARLY IN ORDER TO BE CONSTANTLY INFORMED OF ANY CHANGES.

AT OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT INCURRING ANY LIABILITY, WE MAY, MODIFY OR AMEND ANY ASPECT OF THE INSTANT LUXE PLATFORM, INCLUDING IN PARTICULAR REDUCING ITS AVAILABILITY, ITS FUNCTIONS, OR THE AUTHORISED EXTENT OF USE.

1. Instant Luxe, an online sales plate-form for second-hand luxury products

The online advertising platform InstantLuxe.com is managed by INSTANT LUXE SAS, a simplified joint stock company under French law, with share capital of €375,275, registered on the Paris Trade and Companies Register under number 509 212 262 and located at 13-15 rue de la Verrerie, 75004 Paris ("Instant Luxe" or "the company Instant Luxe"), and is its exclusive property. The Instant Luxe Platform is a simple intermediary that allows the Sellers and Buyers of second-hand luxury products to be in contact. The Instant Luxe Platform allows the conclusion of private contracts for the sale of Products directly between Buyers and Sellers.

2. Définitions

3. Purpose

The purpose of the GTC is to define the conditions of use of the Instant Luxe Platform, including in particular the terms of sale and purchase of Products by Members.

4. General Terms and Conditions of Use of the Instant Luxe platform

  1. 4.1 It is strictly prohibited to load, consult, store, publish, disseminate, transmit or distribute on the Instant Luxe Platform any content (document, text, image, sound, videos, or any other file) which:
    1. is violent, pornographic, paedophilic, racist, contrary to the good morals, promoting war crimes or crimes against humanity, or likely to undermine respect for human dignity, as well as the protection of minors;
    2. breaches of the privacy of others;
    3. is defamatory, obscene or offensive, constituting threats or harassment, and generally unlawful;
    4. is likely to harm the resources of the Instant Luxe Platform and more specifically to the integrity and preservation of the content present on the Instant Luxe Platform;
    5. contains elements protected by intellectual property rights, except where the necessary permits and licenses are held;
    6. has promotional or commercial purposes other than in connection with the Products;
    7. is likely to damage the internal and external brand reputation and image of Instant Luxe.

5. Process for sale and purchase of a product on the Instant Luxe platform

  1. 5.1. Transactions constitute private contracts between a Buyer and Seller to which Instant Luxe is not party.
  2. 5.2. The process for selling and purchasing a Product on the Instant Luxe Platform is as follows:
    1. In order to put an offer for the sale of a Product on the Instant Luxe Platform, the Seller sends Instant Luxe a Description of the Product as well as its Price, which the Seller determines at its own discretion.
    2. Instant Luxe performs a preliminary review of the reliability of the Description and decides at its own discretion whether or not the Product is placed on the Instant Luxe Platform. The Seller acknowledges that Instant Luxe may determine at its own discretion the time and duration of publication of the Product sales offer.
    3. Any Buyer may demonstrate to the Seller its intention to enter into a Transaction, by (i) accepting the Price initially proposed by the Seller or (ii) offering to purchase the Product from the Seller at a lower price.
    4. In cases where the Buyer agrees to acquire the Product at an amount less than the Price initially proposed by the Seller, the Seller may, in its sole discretion, refuse, accept, or propose a counter offer for the Transaction proposal made by the Buyer within 8 business days of receipt of the Buyer’s offer of purchase by email.
    5. Any failure by the Seller to reply in a period of 8 working days from receipt of the Purchase Offer from the Buyer shall be deemed to be a rejection of the Buyer’s proposal.
    6. In the event that the Seller accepts the Buyer’s Purchase Offer for the Product, the Seller and the Buyer shall be irrevocably bound by a private contract concluded between them. The Buyer's acceptance shall be made in consideration of the Product Description subject to the condition precedent of the issuing of a Certificate. This constitutes a firm commitment to contract with the Seller under the defined terms and conditions.
    7. The Buyer shall then pay the Transaction Price and the Seller shall send the Product to Instant Luxe, 13-15 rue de la Verrerie, 75004 Paris, at the earliest opportunity, and no later than within 4 working days, by its own means and at its own expense. As an exception, Instant Luxe shall incur the costs of sending the Products (except Products from leather goods and accessories segments and up to €1,500 for the watch and jewellery segments) for Sellers who are in France. To do this, Instant Luxe sends a shipment voucher from one of its carrier partners and the address to the Seller by email. This voucher is usable free of charge within 48 hours of when it is sent to the Seller by Instant Luxe. After this period, the Seller may still use this shipping voucher, but Instant Luxe shall deduct the amount of €15 € when payment for the Sale is made to the Seller.
    8. In the event of the shipment of the Product without the shipping voucher issued by Instant Luxe, the latter shall not be liable to the Seller for any damage caused to the Product or loss of the Product when it is sent to Instant Luxe. The Seller shall retain sole liability.
    9. The transfer of risks relating to the Product only occurs when Instant Luxe takes possession of the Product sent by the Seller. Consequently, Instant Luxe may not be held liable for any deterioration or loss of Products as from said time. The Seller or the carrier responsible for sending the Product to Instant Luxe shall be solely liable for any loss or deterioration occurring prior to receipt of the Product by Instant Luxe.
    10. Upon receipt of the Product, Instant Luxe is responsible for performing the Expertise on behalf of the Seller.
    11. If the Expertise demonstrates a non-compliance with the Description, Instant Luxe shall consult the Seller in order to propose an agreement on the description and/or the Product Price.
    12. If the Expertise demonstrates that this is a Counterfeit Product, the Transaction shall be cancelled and Instant Luxe reserves the right to carry out any formalities that it deems necessary to preserve its rights and those of third parties.
    13. If the Product Expertise proves to be compliant, the Expert shall issue a Certificate under the conditions provided for herein.
    14. Once the Certificate has been issued, Instant Luxe shall send the Product to the Buyer in accordance with the conditions specified herein.
    15. At the Client's discretion, Instant Luxe shall credit the Transaction Price, after deduction of the Commission, Expert's costs of 25 €, and delivery costs (in the event of the use of the aforementioned dispatch voucher made available by Instant Luxe after the sending period of 48 hours, an additional 15 € shall be deducted) to the Seller's Virtual Account, or shall transfer the same amount to the Seller's bank account.
  3. 5.3. Instant Luxe draws the attention of the Members to the following elements:
    1. In order to increase its visibility and allow more numerous Transactions, Instant Luxe may offer Products for sale on virtual sites (other websites) or physical sites (“corners” of stores) of its partners.
    2. Identity verification: Instant Luxe may have cause, on an exceptional basis and in order to combat any fraud, to verify the identity of the Buyer in the event that the latter is making a first purchase on the Instant Luxe Platform and in the event that the Transaction Price exceeds €150. Failure to supply the information required by Instant Luxe in the context of validating the identity or providing information that does not prove the identity of the Buyer shall prevent the completion of the Transaction that becomes null and void.
    3. The Expertise: The Expertise is carried out within a maximum period of 15 working days from the time the Seller submits the Product to Instant Luxe, this period may be increased, for non-professional Sellers, by a week in periods of school holidays and up to a maximum of 4 weeks over the period of July-August.
    4. In the event that the Expert finds that the Product does not comply with its Description or in the event of a Counterfeit Product, the Transaction Price shall be refunded to the Buyer immediately. At the request of the Seller, the Product shall be reshipped at its expense. It is the Seller’s responsibility, in the event that he or she disputes the assessment of the Expert, to submit all documents in his or her possession to demonstrate his or her good faith.
  4. 5.4.  Once the Certificate has been issued, the Products shall be sent to the Buyer by Instant Luxe (or one of its partners). By way of exception, they may, at the discretion of Instant Luxe, be delivered directly by the Expert who performed the Expertise.
    1. 1. Delivery costs are payable by the Buyer and are calculated at a flat rate according to the price schedule available from the following address https://www.instantluxe.com/faq. Product delivery is only possible to the following destinations: France - Germany - Andorra - Saudi Arabia - Argentina - Austria - Belgium - Brazil - Canada - China - South Korea - Croatia - Denmark - Spain - Finland - Greece - Guadeloupe - French Guyana - Ireland - Iceland - Israel - Italy - Japan - Reunion Island - Liechtenstein - Luxembourg - Morocco - Martinique - Monaco - Norway - the Netherlands - Poland - Portugal - Qatar - Hong Kong - Macao - Romania - the UK - Russia - Singapore - Slovakia - Switzerland - Sweden - Taiwan - Thailand - Vietnam - United Arab Emirates - USA.
  5. 5.5. Details of the delivery information are available in the Delivery article of the FAQ (https://www.instantluxe.com/faq)
  6. 5.6. The conditions applicable to all MangoPay Users are available on: https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf

6. Premium Service

  1. 6.1. Instant Luxe offers any Seller a Premium Service including the following services:
    1. Professional Photo Shoot of the Product;
    2. Drafting of the sale offer of the Product;
    3. Storage of the Product in the Instant Luxe premises;
    4. Product expertise;
    5. Promotion of the Product in the newsletter sent to the Members;
    6. Managing questions raised by the Members/Buyers;
    7. Dedicated Customer Service
  2. 6.2. The Commission owed by a Seller who subscribes to the Premium Service is set at 35% of the Price.
  3. 6.3. Any Seller may request to benefit from the Premium Service from Instant Luxe, which reserves the right to accept or not to provide it. The criteria taken into account by Instant Luxe are numerous and cover the attractiveness of Products for the Instant Luxe buyers’ community, the condition and quality of the Products, etc.
  4. 6.4. The Seller acknowledges and accepts that the Premium Service is provided on an exclusive basis. Therefore, in the event that Instant Luxe agrees to provide the Premium Service to a Seller, the latter shall refrain from offering for sale (or for exchange), directly or indirectly, all or part of its Products. In the event of any breach of this provision, Instant Luxe reserves the right to terminate the Premium Service, automatically and without notice.
  5. 6.5. The sale process provided for in Article 5 shall apply mutatis mutandis to the Premium Department, subject to the provisions of this Article.

7. Special regime of direct product acquisitions and sales by Instant Luxe

  1. 7.1. Instant Luxe may, at its discretion, choose—after analysis of the Description of a Product—to suggest to the Seller that it acquires their Product directly. Instant Luxe may, for this purpose, start a discussion on the Product Price with the Seller.
  2. 7.2. In the event of an agreement between Instant Luxe and the Seller on the Product, the Description and Price, Instant Luxe shall issue a purchase order for the attention of the Seller, which shall constitute a firm and definitive sales contract once signed by the Seller.
  3. 7.3. Once the sale has been completed, the Seller shall send the Product to Instant Luxe within 5 working days.
  4. 7.4. Instant Luxe shall be the owner of the Product upon signature of the Purchase Order by the Seller. However, the transfer of risks over the Product shall only occur on the day of receipt of said Product by Instant Luxe.

8. Obligations of Instant Luxe

  1. 8.1. Instant Luxe undertakes to make available to Members on the Instant Luxe Platform (i) the Sellers' Product offers and (ii) the Expertise service on behalf of the Sellers.
  2. 8.2. Instant Luxe receives, for this purpose:
    1. a non-exclusive mandate on the part of Seller to (i) make Products offered by the Seller available to Buyers, (ii);
    2. to conclude, on its behalf, any Contract for the provision of an Expertise with an Expert and (iii) to open in its name and on its behalf, a Mangopay Account for the purpose of placing in escrow the amounts collected during the Transaction and to collect the Price of the Product paid by the Buyer in connection with the Transaction.
  3. 8.3. Until the Certificate has been issued, Instant Luxe shall be deemed to be mandated by the Seller to do whatever is necessary to conclude the Transaction. Once the Certificate has been issued, it shall be deemed to be mandated by the Buyer to do whatever is necessary to conclude the Transaction. The execution of these mandates shall constitute discharge for Instant Luxe, as proxy.
  4. 8.4. Instant Luxe provides a free service and for information purposes, indicating the Benchmark Price for a given Product category. Instant Luxe recalls that the Benchmark Price does not take into account the current condition of a Product, which is likely to significantly impact its Price.
  5. 8.5. Instant Luxe reserves the right to accept or refuse, for any reason whatsoever, the placing on the Instant Luxe Platform of a Product that may be offered to it by a Seller.
  6. 8.6. In addition to the cases referred to in Article 7 above, Instant Luxe shall not under any circumstances have the status of reseller of the Products offered for sale by a Seller on the Instant Luxe Platform. In this respect, it is recalled that Instant Luxe does not acquire the ownership of the Products at any time.
  7. 8.7. Instant Luxe cannot guarantee that the Seller’s Product is authentic or that it shall satisfy the Buyer and/or meet its needs. Similarly, Instant Luxe cannot guarantee the Seller that the Product shall not be returned or that the Transaction shall not be cancelled by the Buyer.
  8. 8.8. In the event of (i) non-compliance by a Member of all or part of the GTC and/or (ii) putting Counterfeit Products for sale on the Instant Luxe Platform, Instant Luxe reserves the right at any time to withdraw the relevant Product from sale and/or to suspend the Member's account and/or block the amounts on their Virtual Account until the existing dispute is settled and to inform the competent authorities of any purchase, sales offer or any attempt to offer Counterfeit Products for sale on the Instant Luxe Platform.

9. Obligations des Membres

  1. 9.1. Registration as a Member is required to access certain services of the Instant Luxe Platform, including the sale and purchase of Products.
  2. 9.2. Anyone who is registered as a Member must be aged 18 years of age.
  3. 9.3. Each Member undertakes to provide Instant Luxe with complete, reliable, up-to-date and accurate information concerning them. Some information is mandatory for the creation of a Member account and marked as such by an asterisk.
  4. 9.4. Each Member is responsible for the security of his/her account and, in particular, the choice of a password designed to maintain confidentiality. Consequently, each Member is presumed solely liable for any use that may be made of his/her Member account. Each Member must therefore immediately notify Instant Luxe of any unauthorised use, intrusion in or any misappropriation of its Member account.
  5. 9.5. Each Member may close his or her membership account at any time by unsubscribing from the Instant Luxe Platform.
  6. 9.6. The Member undertakes not to choose an identifier in any way breaching the rights of a third party. The Member shall not, for example, breach an intellectual property right, a registered trademark, a company name or a surname.
  7. 9.7. The Member undertakes not to create or use other accounts than the one originally created, whether under its own identity or that of third parties. Any exceptions to this rule must be explicitly requested by the Member and subject to express and specific authorisation from Instant Luxe. Creating or using new accounts under a Member's own identity or that of third parties without having requested and obtained the approval of Instant Luxe may result in the immediate suspension of a Member’s personal account and all associated services.
  8. 9.8. In the event of a dispute between the Members, the parties agree that the production by Instant Luxe of the recordings on the Instant Luxe servers of any trace of use of the Instant Luxe Platform and in particular the Member’s registered access codes shall prevail between the parties.
  9. 9.9. Any Member undertakes to inform Instant Luxe immediately in the event that he or she observes any sale of Counterfeit Products on the Instant Luxe Platform.
  10. 9.10. Each Member, Seller and/or Buyer shall be solely liable for all legal obligations, in particular tax, which result from the Transactions carried out on the Instant Luxe Platform. As a result, each Member expressly acknowledges that Instant Luxe is not liable for the tax and/or legal consequences of the use of the services offered on the Instant Luxe Platform.

10. Obligations of buyers

  1. 10.1. The Buyer undertakes to acquire any Product exclusively for its personal use and to comply with all laws and regulations relating to this acquisition.
  2. 10.2. The Buyer undertakes to have a standard mailbox in accordance with the recommendations of the postal services (the size of the mailbox, indication of the contact details of the residents, etc.).

11. Obligations of sellers

  1. 11.1. Obligations of all Sellers
    1. 11.1.1. The Seller undertakes to ensure that any offer of a Product corresponds to an immediately available legal good, over which it has full and entire ownership and sales capacity.
    2. 11.1.2. Members shall not offer for sale, sell, leave on sale or purchase, directly or indirectly, Products contrary to public order, good morals, applicable laws and regulations, and third party rights, and in particular Counterfeit Products.
    3. 11.1.3. In the event that the Product is unavailable after it is posted on the Instant Luxe Platform, but before the conclusion of a Transaction with a Buyer, the Seller shall immediately inform Instant Luxe thereof.
    4. 11.1.4. The Seller undertakes to provide a Description of the Product offered for sale. In this respect, the Seller is solely liable for the proper performance of the obligation to inform Buyers of the essential characteristics of the Product. He/she is solely liable for the Description of the Products he/she offers for sale. He/she shall hold Instant Luxe harmless for any claim relating to the content and form of said Description. The Seller undertakes to carry out all approvals, checks and provide all necessary details so that the Description is fair and does not mislead the Buyer. In the event of an error in the Description, the Seller alone shall assume the possible additional costs and no claim on their part shall be admissible in this respect by both the Buyer and Instant Luxe.
  2. 11.2. Obligations of Professional Sellers
    1. 11.2.1. Any Seller acting on a professional basis must immediately identify itself with Instant Luxe in this capacity. Instant Luxe reserves the right not to contract with a professional Seller without offering grounds.
    2. 11.2.2. The Seller acting on a professional basis undertakes to comply with the laws and regulations applicable to it, in particular those relating to the carrying out of a professional distance selling commercial activity online, particularly with regard to the right of withdrawal, as well as the Buyer's right to information. He or she must also ensure his or her social or tax reporting obligations are complied with.
    3. 11.2.3.  In the event of a sale of a new Product, which does not require an Expertise procedure, the Seller undertakes to establish, to the benefit of the Buyer, a registered certificate of the sale and an invoice in accordance with the legal requirements for the Product sold and the Transaction Price. In particular, this certificate must mention the existence and procedures for exercising the right to withdraw from Instant Luxe for the Buyer.

12. Financial conditions

  1. 12.1. Transaction Price
    1. 12.1.1. The Price of the Transaction includes the Price, the Expert's cost of €25 €, the delivery costs and any related costs as previously indicated by Instant Luxe
    2. 12.1.2. Delivery costs are detailed on https://www.instantluxe.com/faq. Details of the delivery information are available in the Delivery article of the FAQ (https://www.instantluxe.com/faq).
  2. 12.2. Payment of the Transaction Price by the Buyer
    1. 12.2.1. The Transaction Price is paid directly by the Buyer to Instant Luxe.
    2. 12.2.2. Payment of the Transaction Price is made either:
      1. by bank card (Visa / Carte Bleue / American Express / Mastercard);
      2. by bank transfer;
      3. by Gift Card;
      4. by Paypal;
      5. by deduction of the Transaction Price from the Buyer’s Virtual Account wherein their Virtual Account has a sufficient credit balance. If the amount of credit on their Virtual Account is insufficient, the Shipper is entitled to pay the difference by any other means of payment authorized herein;
      6. via Cofinoga or Cetelem, in over several occasions without charges (for more information, please refer to Article "Payment on Instant Luxe" FAQ (https://www.instantluxe.com/faq).
  3. 12.3. Payment of the Transaction Price to Instant Luxe
    1. 12.3.1. The Seller authorises Instant Luxe to receive, in its name and on its behalf, the Price through the secure electronic payment system set up on the Instant Luxe Platform or by any other means authorised by Instant Luxe.
    2. 12.3.2. To this end, the Seller authorises Instant Luxe, in its name and on its behalf, to open a Mangopay Account in order to cover the sums perceived as a result of the Transaction. The Seller must also communicate the information indicated in the Mangopay Conditions. The parties agree that the MangoPay Account shall be used only for the purpose of performing the GTC of the Instant Luxe Platform and in accordance with its provisions. The Seller expressly waives the benefit of the sums (interest or other) that may be produced by the immobilisation of the amounts received during the Transaction.
  4. 12.4. Payment of the Price to the Seller
    1. The Price is paid directly by Instant Luxe on the Seller’s Virtual Portfolio, minus the Commission, and any applicable costs (delivery costs, Expert Costs, and satisfied or reimbursed expenses, etc.) for Individual Sellers or those selling in a professional capacity, the payment is made 15 days after receipt of the Product by the Buyer.
  5. 12.5. Gift Card
    1. Instant Luxe provides its Members with Gift Cards. A Gift Card is personal (linked to a single email address) and is valid for one (1) year from its purchase date by a Member. It may be used by the beneficiary Member in one or more purchases. A Gift Card is not redeemable or refundable.

13. Claims and right of withdrawal

  1. 13.1. Claim in the event of non-compliance with the Description or a Counterfeit Product
    1. 13.1.1. Any claim relating to a Product that is found to be non-compliant with its Description, or constituting a Counterfeit Product, must be notified to the competent Instant Luxe departments by e-mail or registered letter with acknowledgement of receipt within two (2) clear days of receipt. The claim must be detailed and clearly indicate the reasons for dissatisfaction. Instant Luxe undertakes to process as soon as possible and, on a case-by-case basis, any claim that would be brought to its knowledge and in order to best satisfy the interests of the Buyer. The Buyer and Seller undertake to act with all the necessary diligence for the proper resolution of the claim, cooperate with the Instant Luxe departments and provide it with the necessary supporting documentation for handling the claim. They undertake to comply with the procedures for handling claims established below or communicated by Instant Luxe. In the event of non-compliance with these procedures, the claim shall not be processed.
    2. 13.1.2. In the event that the authenticity of the Product is finally proven after a claim, no compensation shall be owed by Instant Luxe to the Seller or to the Buyer.
  2. 13.2. Claim if the Product is not received
    1. In the event that the Product is not received by the Buyer, in part or in full, within a period of one month from the notification of the shipment, Instant Luxe may, at the request of the Buyer and without any dispute, proceed with reimbursement.
  3. 13.3. Complaint in case of a hidden defect
    1. In the event that a hidden defect is discovered, the Buyer shall submit their claim within the time limits and in accordance with the procedures set out in Articles 1641 et seq. of the French Civil Code (Code Civil).
  4. 13.4. Approval of the claim
    1. 13.4.1. In the event of a complaint made by the Buyer and until resolution of the dispute, the Seller’s Virtual Account may be temporarily blocked by Instant Luxe.
    2. 13.4.2. Instant Luxe reserves the right to approve or not any claim made by the Buyer, which the Buyer and Seller acknowledge and accept without reservation.
    3. 13.4.3. In the event of the approval of a claim, the Buyer is required to return to Instant Luxe the full product, in the original packaging, with all its accessories and documents, including in particular its labels, in a package that is identical or similar to that of the shipment (notably the seal must be intact). In all cases, the Product must be returned in the same condition as when it is sent.
    4. 13.4.4. In the event of approval of the claim, the Seller is required to reimburse the Transaction Price to Instant Luxe within one week of the serving of notice by email or letter, subject to verification by Instant Luxe that the returned Product matches the Product that was subject to the Transaction and has not been used or deliberately damaged.
    5. 13.4.5. The reimbursement referred to in Article 13.2 may be made to the Buyer's bank card, on its Paypal account, on its Virtual Account and/or to its Gift Card, in accordance with the payment method used, unless the Buyer agrees otherwise.
    6. 13.4.6. Instant Luxe may retain the returned Product as long as the Seller has not reimbursed the costs incurred by the Buyer for said return and the transportation costs of the Product for its return to the Seller. The Product is shipped at the Seller’s risk.
  5. 13.5. Right of withdrawal
    1. 13.5.1. In the event of the sale of a Product by a Professional Seller, the Buyer shall have a right of withdrawal of 14 clear days following receipt of the Product.
    2. 13.5.2. In order to benefit from the right of withdrawal, the Purchaser must:
      1. notify Instant Luxe, via e-mail sent in the “CONTACT” section of the Instant Luxe platform, of its wish to exercise its right of withdrawal within the aforementioned time frame;
      2. return, to Instant Luxe, the intact, complete Product in the original packaging, with all its accessories and documents, including its labels, in a packaging identical to or similar to that of the shipment (in particular the seal must be intact) within 14 days of the aforementioned notification of withdrawal. The direct costs of returning the Product shall be borne by the Buyer.
    3. 13.5.3. In the event of a withdrawal pursuant to this Article, the Transaction Price shall be credited to the Buyer’s bank card, its Paypal Account, its Virtual Account and/or on its Gift Card, in accordance with the payment method used, unless the Buyer agrees otherwise.
    4. 13.5.4. Transactions between a Buyer and a non-professional Seller shall not entitle the Buyer to a right to withdraw.

14. Personal data protection

  1. 14.1. The Instant Luxe Platform is registered with the CNIL (the French Data Protection Commission) under number 1338423.
  2. 14.2. As part of the operation of the Instant Luxe Platform, Instant Luxe collects and processes personal data (the "Personal Data") concerning you: surname, first name, date of birth, gender, postal address for invoicing and delivery, email, telephone number, password, browsing history.
  3. 14.3. These Personal Data may be collected—depending on the case, on request or automatically—during your registration on the Instant Luxe Platform, during your browsing on the Instant Luxe Platform and during your interactions with customer service.
  4. 14.4. We treat your Personal Data in order (i) to allow you to browse on the Instant Luxe Platform in an optimized, effective and personalized manner, (ii) to provide you with our services pursuant to this GTC, (iii) to inform you of our offers, private sales, partnerships, special operations, (iv) to warn, ensure and to react to any breach of the applicable law and/or the GTC, and (v) to comply with our legal and regulatory obligations.
  5. 14.5. We may have cause to forward all or part of your Personal Data to our subcontractors or partners for the purposes of performing our services (delivery, expertise, payment, etc.) as well as to the legal authorities in the event of the detection of a possible criminal offence. The express authorisation of our Members shall be requested prior to any transmission of their Personal Data to third parties.
  6. 14.6. Instant Luxe uses cookies that aim to customise your browsing on the Instant Luxe Platform. “Cookies” are data files that we transmit to our visitor’s computer and that are stored on the hard drive via the browser used. It allows us to recognize the browser used, save and store some information/preferences about you in order to interact with you, improve and personalize your browsing experience on the Instant Luxe Platform.
  7. 14.7. However, you can block all or some cookies by modifying the preferences in your browser.
  8. 14.8. Our cookies allow us to:
    1. Establish statistics;
    2. Adapt the presentation of the Instant Luxe Platform to your needs/expectations;
    3. Offer you a personalised pathway;
    4. Record the data you have entered on the Instant Luxe Platform.
  9. 14.9. We may include on the Instant Luxe Platform, applications from third parties that allow you to share the Instant Luxe Platform with others, or to notify others of your consultation or opinion about the content of the Instant Luxe Platform. We also use Google Analytics, a website analysis service provided to Instant Luxe by Google Inc. that makes it possible to measure the Instant Luxe Platform’s audiences.
  10. 14.10. No the cookies other than those required for the operation of the Instant Luxe Platform are automatically installed on your computer. You will be asked to give your express authorisation upon your first visit to the Instant Luxe Platform to install cookies. Your acceptance or rejection will be memorised for your next visits to the Instant Luxe Platform. In the event that you reject the installation of cookies by Instant Luxe, certain services/features will not be operational and your experience on the Instant Luxe Platform cannot be optimized.
  11. 14.11. As certain applications held by third parties are integrated into the Instant Luxe Platform, cookies may be issued by these third parties. We draw your attention to the fact that the collection and use of the Personal Data collected through these cookies is subject to the personal data protection charters for these third parties.
  12. 14.12. The Instant Luxe Platform may offer links to third-party websites. These third parties are solely responsible for the cookies and the processing of personal data that they put in place; Instant Luxe shall not bear any liability for any use of cookies/your personal data by these third parties. We invite you to carefully read the terms and conditions of use and/or the personal data protection charter of these third-party sites.
  13. 14.13. In all cases, in accordance with Articles 38 et seq. of the French Law 78-17 of 6 January 1978, any persons whose Personal Data are collected and processed by Instant Luxe have a right of access, rectification and objection to the processing of their Personal Data. This right may be exercised directly on the website via the “CONTACT” section or by letter by writing to ILSA – 13-15 rue de la Verrerie – 75004 Paris, indicating the surname, first name, and email address. In addition, each Member may at any time access the information concerning him or her and make any changes he/she deems necessary from the “MY ACCOUNT” space directly accessible on the Instant Luxe Platform.

15. Intellectual property

  1. 15.1. The Instant Luxe trademarks and logos and the photographs, drawings, and texts reproduced on the Instant Luxe Platform are the exclusive property of Instant Luxe. Any reproduction, reprinting or redistribution of all or part of these elements, by any means whatsoever, without the prior written consent of their respective holder is prohibited by law.
  2. 15.2. The Instant Luxe Platform is a protected work. Instant Luxe holds copyrights on each of the pages constituting the Instant Luxe Platform, on each of the constituent elements and, more generally, all the distinctive signs present on the Instant Luxe Platform, on its tree structure and on each of the elements listed therein. In this respect, Instant Luxe reiterates that any reproduction, copying, sale, distribution or exploitation (other than for information purposes for strictly personal and private use) of any part of the Instant Luxe Platform is strictly prohibited.
  3. 15.3. Instant Luxe reserves the right to instigate civil and criminal proceedings, in France and abroad, in particular in the event of infringement, against any person who, directly or indirectly, has breached its rights.
  4. 15.4. The fight against counterfeiting is a major concern for Instant Luxe. For this reason, Instant Luxe has become a signatory to the French Charter on the fight against counterfeiting on the internet, drawn up under the aegis of the French Minister responsible for Industry, Energy and the Digital Economy.
  5. 15.5. If a Counterfeit Product is discovered by the Instant Luxe teams, the Counterfeit Product shall be immediately removed from the Platform and the account of the Seller concerned may be suspended, at the discretion of Instant Luxe. The Seller also acknowledges that the anti-fraud authorities or the representative of the counterfeited brand are liable to seize the Product.
  6. 15.6. In any case, in the event that other counterfeit Products were to be offered for sale by the same Seller, the account of the latter shall be closed without any possibility of re-registering on the Platform. In the event that the Buyer and/or Instant Luxe were to observe that the Product sold to a Buyer on the Platform is a Counterfeit Product, the Transaction shall be cancelled and the Seller must (i) repay the Sums received in respect of the Transaction to Instant Luxe and (ii) compensate Instant Luxe for any costs incurred, directly or indirectly, by Instant Luxe and/or the Buyer due to the Counterfeit nature of the Product (including in particular any legal costs).

16. Liability

  1. 16.1. The Seller:
    1. represents and warrants that it has the right to sell the Product(s) subject to a Transaction, which is (are) not in any manner sold, mortgaged, encumbered, or more generally, delegated in favour of a third party, and that the Transaction that it shall perform is not likely to infringe the rights of any third party;
    2. attests by the fact that the Product is placed online by its care that the sale thereof complies with the legal rules in force, in particular in respect of the French Intellectual Property Code (Code de la Propriété Intellectuelle) and any applicable regulations;
    3. warrants and undertakes to compensate Instant Luxe at first request for any damage suffered by Instant Luxe and hold it harmless with regard to any action in liability that may be taken against Instant Luxe on the basis of the breach of any right of any third party. In the case of a distinguished fraud (fraudulent copy, fencing, illegal import, etc.), Instant Luxe shall communicate all the necessary information, including nominative data, to the competent services responsible for the repression of said fraud and offences. Instant Luxe may not be held liable for insulting, defamatory content, and more generally any content that is contrary to the good morals and the laws in force in the comments posted online by a Member.
  2. 16.2. Instant Luxe:
    1. May be required to provide suggestions for purchase or sale, but may under no circumstances incur liability for this fact;
    2. is, other than in the case referred to in Article 7 above, at no stage of the Transaction the owner of a Product and acts exclusively as an online intermediary between the Buyer and the Seller;
    3. shall not be liable for any dispute between the Buyer and the Seller concerning the Product subject to the Transaction;
    4. shall not be liable for indirect damages and loss of earnings, loss of customers, loss of operations, loss of data or any other intangible losses (even if you have been notified of the possibility of such damage) and may not be held liable for any malfunction, failure, delay or interruption of access to the Instant Luxe Platform or the Internet network in general.
    5. shall not be held liable for any interruption, unavailability and/or modification to the Instant Luxe Platform and/or its functionalities.
  3. 16.3. Instant Luxe reserves the right to interrupt access to the Instant Luxe Platform and/or to all or part of its functions for operational, maintenance or emergency reasons or force majeure.
  4. 16.4. If the Member does not act as a consumer within the meaning of French law, but uses the Instant Luxe Platform for professional purposes, the total accumulated liability of Instant Luxe vis-à-vis the Members, Buyers and/or Sellers under the GTC and/or the Instant Luxe Platform shall not exceed (i) the Transaction Price of the Product at the origin of the damage, (ii) or if there is no Transaction, the initial Price of the sales offer for said Product on the Instant Luxe Platform.

17. Guarantee

  1. 17.1. The Instant Luxe Platform and any element it contains is provided by Instant Luxe "as seen" and without any guarantee, in particular without guarantee of quality, suitability for a specific use, lack of counterfeiting, and availability.
  2. 17.2. Instant Luxe offers no guarantee and shall incur no liability for:
    1. The availability of the Instant Luxe Platform and/or its functionalities and/or the server hosting it;
    2. The suitability of the Reference Price for a given Product as well as any use that may be made of the Product;
    3. The absence of errors, viruses or other damaging elements on the Instant Luxe Platform;
    4. The use or result of the use of all or part of the contents of the Instant Luxe Platform;
    5. The relevance or truthfulness of any content present on the Instant Luxe Platform.
  3. 17.3. Instant Luxe offers its customers a paid service with a view to benefiting from the total or partial repayment of some goods purchased through Instant Luxe, if the product does not suit them, in accordance with these general terms and conditions of sale: Instant Luxe offers its customers a paid service with a view to benefiting from the total or partial repayment of some goods purchased through Instant Luxe, if the product does not suit them, in accordance with these general terms and conditions of sale: instant luxe-satisfait-ou-rembourse-cgv.pdf

18. Term and termination

  1. 18.1. The GTC constitute a permanent contract. The GTC may be terminated at any time by Instant Luxe or by the Member without reason, by simple notification.
  2. 18.2. In the event of any breach of all or part of the GTC and in particular in the event of the sale of Counterfeit Products, the opening of several Member accounts, any fraud on means of payment, attempt to fraud or any other criminal offence, Instant Luxe reserves the right to suspend the Member's access to the Instant Luxe Platform, without prejudice to any damages suffered by Instant Luxe and any other action at its disposal. In this case, the Seller may not invoke any loss corresponding to any costs incurred by it on the occasion of the online posting of its Products.
  3. 18.3. Despite a suspension for any reason, the Member remains bound by the payment of Commissions payable in respect of a Transaction concluded before the effective date of suspension.

19. miscellaneous provisions

  1. 19.1. The obligations of the party prevented shall be suspended in the event of force majeure including in particular in the event of an act or omission of the government or of the competent higher authority—blocking or failure of the telecommunications networks—insurrections, civil war, war, military operations, local or national emergency conditions, fire, lightning strike, explosion, internal of external strike, flooding, storm, or events beyond their control.
  2. 19.2. The GTC constitute the entire agreement between the parties in respect of their purpose and supersede and cancel any representations, negotiations, commitments, written or verbal communications, allowances, understandings and agreements between the Parties in relation to the same subject matter.
  3. 19.3. The fact that one of the parties fails to avail itself of its rights relating to any of the provisions of the GTC, does not in any way affect the right to invoke said right at a later point, at any time and does not constitute a waiver of the provision itself.
  4. 19.4. A practice deviating from the provisions of the GTC does not prevent one of the parties, even though it may have continued for a certain amount of time, to request the faithful and literal application of the provisions of the GTC.
  5. 19.5. If any of the provisions of the GTC were to be declared null and void, said provision would be considered as separable and the other provisions shall remain in full effect.
  6. 19.6. Instant Luxe communicates to the parties concerned, during each transaction, information relating to the tax and social regulations applicable to the revenue and income from these transactions. For more details, please consult:

20. Applicable law

  1. 20.1. The GTC are governed by French law.