Terms & conditions - Pepper Luxury Vintage

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GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF PEPPER B.V.

Pepper B.V., also trading under the names Pepper and Pepper Luxury Vintage

P.O. Box 114, 3910 AC Rhenen, the Netherlands

Dutch Chamber of Commerce number: 99993740

Email: support@pepperluxuryvintage.com support@pepperluxuryvintage.com

Website: www.pepperluxuryvintage.com www.pepperluxuryvintage.com

Article 1. Definitions

In these General Terms and Conditions, the following terms shall have the meanings set out below.
Pepper: Pepper B.V., having its registered office in Rhenen, trading under the names Pepper and Pepper Luxury Vintage and registered in the Trade Register of the Dutch Chamber of Commerce under number 99993740.
Customer: the natural person or legal entity that enters into, or intends to enter into, an Agreement with Pepper, being either a Consumer or a Business Customer.
Consumer: the Customer who is a natural person and who is not acting in the course of a profession or business.
Business Customer: the Customer acting in the course of a profession or business.
Agreement: every purchase agreement concluded between Pepper and the Customer in respect of one or more Products, as well as every Search Assignment Agreement as referred to in Article 4.5 of these Terms and Conditions.
Product: an item offered for sale by Pepper, consisting of:
vintage designer items, such as bags, wallets, notebook sets and jewellery, originating from brands such as Louis Vuitton, Chanel, Dior, Gucci, Céline, Prada, Fendi or other designer brands, in each case insofar as offered as a 100% authentic vintage item (also referred to as a “Vintage Product”); and
accessories and care products for vintage designer items, offered under the Pepper brand or another brand, being new, non-vintage products (also referred to as a “New Product”).
Website: Pepper’s website, accessible at www.pepperluxuryvintage.com.www.pepperluxuryvintage.com
Condition Classification: the condition assigned by Pepper to a Vintage Product, as further described in Article 5 of these Terms and Conditions. The Condition Classification applies exclusively to Vintage Products.
Withdrawal Period: the period within which the Consumer may exercise her right of withdrawal, as referred to in Article 14 of these Terms and Conditions.
Recognised Expert: any of the following independent experts in the authentication of designer items accepted by Pepper: Entrupy, Legit Grails and MasterAuthentication, as well as any other expert or service designated as such by Pepper by separate written notice.
Search Assignment: a request from the Customer to Pepper to search for a specific Vintage Product, as referred to in Articles 4.4 through 4.7 of these Terms and Conditions.
In Writing/Written: communication by letter or email.

Article 2. Applicability

These General Terms and Conditions apply to all offers made by Pepper, all Agreements and all other legal relationships between Pepper and the Customer, unless expressly provided otherwise herein.
Any deviation from these General Terms and Conditions shall be valid only if and insofar as Pepper has expressly agreed to it in Writing. Such deviation shall apply only to the Agreement for which it was agreed.
The applicability of any purchasing conditions or other terms and conditions of the Customer is expressly rejected.
If, in a specific case, Pepper does not require strict compliance with one or more provisions of these General Terms and Conditions, this shall not mean that those provisions cease to apply or that Pepper loses the right to require strict compliance in the future.
Provisions expressly stated to apply exclusively to Consumers shall not apply to Business Customers, and vice versa.
If one or more provisions of these General Terms and Conditions are null and void or are annulled, the remaining provisions shall remain in full force. Pepper and the Customer shall consult with one another in order to agree on a replacement provision that reflects the purpose and intent of the original provision as closely as possible.

Article 3. The Offer

All offers made by Pepper are non-binding, unless the offer expressly specifies a period for acceptance.
The offer contains a complete and accurate description of the Product offered. For Vintage Products, the offer also includes the Condition Classification referred to in Article 5, together with photographs and other relevant product information. For New Products, the offer contains a product description and, where available, product specifications. Product information on the Website is provided as fully and accurately as possible, but Pepper accepts no liability for obvious errors or typographical mistakes in the offer.
Each Vintage Product is unique. If a Vintage Product is no longer available, the offer shall automatically lapse.

Article 4. Formation of the Agreement and Search Assignments

The Agreement is formed when the Customer has accepted the offer and Pepper has confirmed receipt of that acceptance through the same channel by which the Agreement was concluded. Agreements may be concluded via the Website or in Writing.
Pepper shall confirm receipt of an order without delay through the same channel. Until Pepper has confirmed receipt of the acceptance, the Consumer may terminate the Agreement.
Pepper may refuse an order or impose additional conditions on its performance if it has reasonable grounds for doing so. Pepper shall notify the Customer of any refusal in Writing no later than five (5) business days after receipt of the order.
The Customer may place a Search Assignment with Pepper. However, an Agreement resulting from a Search Assignment is formed only after Pepper has made a Written offer and the Customer has expressly accepted that offer in Writing.
Upon acceptance of a Search Assignment, the Customer must pay a deposit of at least 25% of the maximum purchase price stated by the Customer, or a higher percentage if determined by Pepper. If the located Vintage Product is purchased, the deposit shall be deducted from the purchase price, so that the Customer owes Pepper only the remaining balance.
The deposit referred to in Article 4.5 is partially refundable. If the specific Vintage Product is not found, or if it is found but the Customer decides not to purchase it, the Customer may cancel the Search Assignment. In that event, 50% of the deposit shall be refunded. The remaining 50% is non-refundable and covers Pepper’s search costs, without prejudice to Pepper’s right to claim further damages if the Customer imputably fails to perform the Agreement.
Products obtained through a Search Assignment are deemed to be goods made to the Customer’s specifications within the meaning of Article 6:230p(c) of the Dutch Civil Code. The right of withdrawal referred to in Article 14 does not apply to such Products.

Article 5. Condition Classification

Every Vintage Product is assessed by Pepper and assigned one of the following Condition Classifications, in accordance with the descriptions published on the Website:
Like new: the Vintage Product is in exceptional condition, brand new or in as-new condition without tags.
Excellent: the Vintage Product has been used with care and shows minimal or no visible signs of use.
Very good: the Vintage Product shows some signs of use but remains in very good condition.
Good: the Vintage Product has noticeable defects or signs of use, which are clearly visible in the photographs accompanying the Vintage Product.
Pre-loved: the Vintage Product shows traces of a previous life and has damage that is clearly visible in the photographs accompanying it; the Vintage Product is in fair condition.
The photographs and accompanying description displayed on the Website for each Vintage Product form part of the Agreement and are binding when assessing the condition of that Vintage Product.
The Customer acknowledges and accepts that the condition, signs of use, imperfections and a characteristic vintage odour are inherent in a Vintage Product and do not constitute a defect within the meaning of Article 7:17 of the Dutch Civil Code, provided that the condition corresponds with the stated Condition Classification and the accompanying photographs and description. These characteristics are not defects, but form part of the unique character and history of the Vintage Product.

Article 6. Authenticity

Pepper guarantees that every Vintage Product it offers is 100% authentic. Pepper personally checks each Vintage Product for authenticity using a multi-step process, including an assessment of the first impression and overall condition, detailed checks of stitching, logos, logo placement and finishing, materials and hardware, and date codes and serial numbers where available. Further information about this authentication process is published on the Website.
If the Customer disputes the authenticity of a delivered Vintage Product, the Customer must report this to support@pepperluxuryvintage.com, quoting the order number. The dispute must be properly substantiated by an authentication examination performed by a Recognised Expert. Examinations performed by experts who do not qualify as Recognised Experts will not be accepted by Pepper as proper substantiation unless Pepper has determined otherwise in Writing in an individual case.support@pepperluxuryvintage.com
The costs of the authentication examination by a Recognised Expert referred to in Article 6.2 shall be borne by the Customer.
If the Customer’s examination indicates that the Vintage Product may not be authentic, the Customer must notify Pepper of the results without delay and no later than three (3) days after receiving them, via support@pepperluxuryvintage.com. The Customer shall immediately make the Vintage Product available to Pepper so that Pepper may conduct a further authenticity examination itself or through a Recognised Expert. Pepper shall bear the costs of this further examination.support@pepperluxuryvintage.com
If the further examination referred to in Article 6.4, conducted by or on behalf of Pepper, establishes that the Vintage Product is authentic, it shall be returned to the Customer at the Customer’s expense and Pepper shall not owe the Customer any refund or compensation.
If that further examination establishes that the Vintage Product is not authentic, or if a court has finally and conclusively ruled that it is not authentic, Pepper shall refund the full purchase price paid by the Customer after Pepper has received the Vintage Product in undamaged condition. Any further compensation is excluded to the extent permitted by law.
Authenticity disputes under this Article shall be handled exclusively in accordance with the procedure set out herein and shall not be treated as complaints within the meaning of Article 13.

Article 7. Warranty

Pepper gives no warranty in respect of the future condition, operation or lifespan of a Vintage Product. Vintage Products offered by Pepper are second-hand and, in many cases, several decades old. The condition upon delivery is described in the Condition Classification and accompanying photographs and product description, which are binding.
Wear or damage arising after the Vintage Product has been delivered and put into use shall be regarded as normal wear and tear and falls outside any liability of Pepper.
Pepper is an independent retailer and is not affiliated in any way with the brands offered on the Website. The warranties and service conditions of the respective brand owners do not apply to Vintage Products obtained through Pepper.
Articles 7.1 through 7.3 do not affect the Consumer’s mandatory statutory right to receive a Product that conforms to the Agreement upon delivery. Under the standards applicable to consumer sales, the Vintage Product must correspond with what the Consumer could reasonably expect on the basis of the Agreement, the Condition Classification and the accompanying photographs and description. Insofar as these accurately reflect the condition, the Vintage Product conforms to the Agreement. Signs of use, imperfections and other characteristics consistent with the assigned Condition Classification shall not be regarded as non-conformity.

Article 8. Care and Maintenance

Pepper has published care instructions on the Website for the Vintage Products it offers. These instructions are also supplied to the Customer with the order confirmation. The Customer must follow them carefully in order to maintain the Vintage Product in good condition.
The care instructions form part of the Agreement. Damage resulting from the Customer’s failure to follow those instructions shall not constitute a defect within the meaning of Article 7 and releases Pepper from any warranty or liability in that respect.

Article 9. Prices

All prices stated on the Website are in euros and include value added tax where applicable, unless indicated otherwise.
Orders outside the European Union may be subject to import duties, taxes and customs charges. These costs are not included in Pepper’s prices and shall be borne entirely by the Customer.
Pepper may change the prices on the Website. A change shall not affect Agreements already concluded.

Article 10. Payment

The Customer must pay immediately upon placing the order using one of the payment methods offered by Pepper: iDEAL/Wero, credit card, Bancontact or bank transfer.
For credit-card payments, the Customer’s payment to Pepper is made immediately when the order is placed. The credit relationship between the Customer and the card issuer is a separate legal relationship independent of the Agreement between Pepper and the Customer.
If payment is not received on time or in full for any reason, Pepper may suspend performance until full payment has been received or terminate the Agreement, without prejudice to Pepper’s other rights.
If the Consumer defaults on her payment obligation, she shall owe statutory interest pursuant to Article 6:119 of the Dutch Civil Code on the outstanding amount from the date of default, without prejudice to Pepper’s right to recover reasonable extrajudicial collection costs in accordance with the Dutch Extrajudicial Collection Costs (Fees) Decree.
If the Business Customer defaults on her payment obligation, statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code shall be due by operation of law on the outstanding amount from the date of default until full payment, without prejudice to Pepper’s right to compensation for other losses and extrajudicial costs.
The Business Customer may not set off any claim against Pepper against a claim asserted by Pepper, unless Pepper has acknowledged the Business Customer’s claim in Writing or it has been established by a final court judgment.

Article 11. Right of Retention

Pepper may retain a Product delivered to it by or on behalf of the Customer, including in connection with an authentication examination under Article 6, a complaints procedure under Article 13 or a return under Article 14, until the Customer has paid in full everything owed to Pepper, without prejudice to Pepper’s other rights.
For Consumers, this right may be exercised only insofar as the claim relates to the Agreement under which Pepper obtained possession of the Product. This restriction does not apply to Business Customers.

Article 12. Shipping and Delivery

Pepper aims to dispatch orders on business days within 24 to 48 hours after receipt of payment.
Pepper arranges shipping through PostNL or DHL. Depending on her place of residence, stay or establishment, the Customer may choose from the shipping options offered when placing the order. The available options and current shipping costs are displayed during checkout.
All shipments include Track & Trace and require a signature upon receipt. The Customer must ensure that the delivery address provided is accessible by normal transport and that someone is present to accept and sign for the Product. If delivery is impossible because the address is inaccessible or no one is present to sign, the related redelivery costs shall be borne by the Customer.
Estimated delivery times are indicative and are communicated during checkout. Pepper accepts no liability for exceeding those times unless the delay is such that the Customer cannot reasonably be expected to maintain the Agreement.
The risk of loss of or damage to the Product passes to the Customer upon delivery to the Customer.
Title to the Product passes to the Customer once Pepper has received the full purchase price. Until that time, Pepper retains title to the Product.

Article 13. Complaints

Consumer complaints concerning performance of the Agreement must be submitted to support@pepperluxuryvintage.com within a reasonable period after the Consumer discovered or reasonably could have discovered the defect, with a full and clear description and the order number. Complaints concerning the condition of a delivered Vintage Product or a deviation from its description or Condition Classification must in any event be reported within 48 hours after receipt.support@pepperluxuryvintage.com
When submitting a complaint, the Consumer must provide proper evidence, including photographs of the defect. The Consumer must also allow Pepper to investigate and, if requested, send the Product to Pepper.
Pepper shall respond in Writing to Consumer complaints within fourteen (14) days after receipt. If more time is required, Pepper shall confirm receipt and state the expected further handling period within that time.
If Pepper considers the Consumer’s complaint well-founded, Pepper shall, at its discretion and depending on the nature and severity of the defect, offer one of the following remedies:
repair of the defect, insofar as reasonably possible and proportionate in cost to the nature of the defect;
appropriate compensation in the form of a partial refund, proportionate to the nature and severity of the defect; or
full replacement of the Product or a full refund, where warranted by the nature of the defect.

Pepper reserves the right initially to choose repair or appropriate compensation before replacement or a full refund. This does not affect the Consumer’s statutory rights.

If the Consumer does not complain in time in accordance with Article 13.1, all rights relating to the shortcoming shall lapse unless she demonstrates that she could not reasonably have become aware of it sooner. This paragraph does not restrict statutory Consumer rights beyond what mandatory law permits, in particular the rights arising under Article 7:23(1) of the Dutch Civil Code.
Business Customer complaints must be submitted to support@pepperluxuryvintage.com without delay and no later than three (3) days after the Business Customer discovered or reasonably could have discovered the defect, with a full and clear description and the order number. Complaints concerning the condition of a delivered Vintage Product or a deviation from its description or Condition Classification must in any event be reported within 24 hours after receipt.support@pepperluxuryvintage.com
The Business Customer must provide proper evidence, including photographs of the defect, and must allow Pepper to investigate and, if requested, send the Product to Pepper.
Pepper shall respond in Writing to Business Customer complaints within fourteen (14) days after receipt. If more time is required, Pepper shall confirm receipt and state the expected further handling period within that time.
If Pepper considers the Business Customer’s complaint well-founded, Pepper shall, at its discretion and depending on the nature and severity of the defect, offer one of the following remedies:
repair of the defect, insofar as reasonably possible and proportionate in cost to the nature of the defect;
appropriate compensation in the form of a partial refund, proportionate to the nature and severity of the defect; or
full replacement of the Product or a full refund, where warranted by the nature of the defect.

Pepper reserves the right initially to choose repair or appropriate compensation before replacement or a full refund, to the exclusion of any further liability.

If the Business Customer does not complain in time in accordance with Article 13.6, all rights relating to the shortcoming shall lapse.

Article 14. Right of Withdrawal (Consumer)

The Consumer may withdraw from the Agreement without stating reasons within fourteen (14) calendar days after the day on which she, or a third party designated by her, received the Product. Further information about the return and refund procedure is published on the Website.
To exercise the right of withdrawal, the Consumer must notify Pepper unequivocally of her decision within the Withdrawal Period by emailing return@pepperluxuryvintage.com and quoting the order number.
After the notice referred to in Article 14.2, Pepper shall provide a return form. The Consumer must return the Product without delay and in any event within fourteen (14) days after that notice, using the return form. The Product must be returned in its original packaging, unused and undamaged, with the return tag still attached.
The Consumer shall bear the direct return-shipping costs. Pepper does not reimburse these costs. Current return costs are stated on the Website. Pepper is not liable for loss of or damage to the Product during return shipment. The Consumer is advised to use tracked and insured shipping.
Upon withdrawal, Pepper shall refund the purchase price paid by the Consumer plus the original shipping costs no later than fourteen (14) days after Pepper has received the returned Product and assessed its condition. The refund shall be made using the same payment method used for the original transaction.
The refund referred to in Article 14.5 shall be made only if Pepper receives the Product unused and undamaged with the return tag still attached. If the Product has been used or damaged, or the tag has been removed, Pepper may refuse or reduce the refund in proportion to the Product’s diminished value.
The right of withdrawal does not apply to:
Products obtained through a Search Assignment under Articles 4.4 through 4.7, as these are goods made to the Customer’s specifications within the meaning of Article 6:230p(c) of the Dutch Civil Code;
personalised Products;
Agreements not concluded electronically;
Agreements with Business Customers.

Article 15. Liability

Pepper’s liability towards the Customer is limited to direct loss and shall not exceed the purchase price paid by the Consumer for the Product concerned.
Pepper shall under no circumstances be liable for indirect or consequential loss, loss of profit, lost savings, reduced goodwill or business interruption, regardless of the basis of the claim and whether Pepper was advised of the possibility of such loss.
The limitations in this Article do not apply if and insofar as the loss results from Pepper’s wilful misconduct or deliberate recklessness, or where mandatory law prohibits such limitation.
Without prejudice to the other paragraphs of this Article, Pepper is not liable for loss resulting from the Customer’s failure to follow the care instructions published on the Website or supplied with the order confirmation.

Article 16. Force Majeure

Pepper shall not be required to perform any obligation towards the Customer if and for as long as performance is prevented by force majeure. Force majeure exists where non-performance results from circumstances outside Pepper’s sphere of risk and beyond its control.
Force majeure includes, without limitation: strikes, fire, explosions, government measures and decisions, failures in telecommunications or energy infrastructure, failures or outages of third-party systems on which Pepper depends, delays or strikes at PostNL, DHL or other carriers, addresses not accessible by normal transport, extreme weather, natural disasters, pandemics, epidemics, public-health crises, wars, armed conflicts, terrorism, cyberattacks, civil unrest and other comparable circumstances beyond Pepper’s control.
If force majeure continues for more than thirty (30) days, Pepper and the Customer may each terminate the Agreement in Writing without owing compensation to the other. Performance already rendered under the Agreement shall be settled proportionately.

Article 17. Intellectual Property

All intellectual-property rights relating to the Website and its content, images, product photography, logos, texts and Pepper’s trademark registrations are owned by Pepper or its licensors. The Customer may not reproduce, publish or otherwise use all or any part of the Website or its content without Pepper’s prior Written consent.
Pepper acknowledges that the trademark rights in the brands under which the Vintage Products were manufactured, including Louis Vuitton, Chanel, Dior, Gucci, Céline, Prada, Fendi and other designer brands, belong to their respective owners. Those brand names and designations are used in offers and on the Website solely to identify the Products concerned.

Article 18. Personal Data

Pepper processes the Customer’s personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation. Pepper’s privacy policy is published on the Website and provides further information on the processing, its legal basis, retention periods and the Customer’s rights as a data subject.

Article 19. Governing Law and Competent Court

All Agreements and other legal relationships between Pepper and the Customer are governed exclusively by Dutch law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Disputes between Pepper and a Consumer shall be submitted exclusively to a competent court in the Netherlands. The Consumer may bring proceedings before the court for the district in which she resides in the Netherlands or before the District Court of Midden-Nederland.
All disputes between Pepper and a Business Customer shall be submitted exclusively to the District Court of Midden-Nederland.

Article 20. Amendments to these Terms and Conditions

Pepper may amend these General Terms and Conditions. Any amendment shall be announced to the Customer on the Website in good time. Agreements already concluded remain subject to the Terms and Conditions in force when the Agreement was concluded.