1. Definitions

The following capitalised expressions shall have the following meanings when used in these General Terms and Conditions and in any Appendices referred to in them:

Buyer: a User who is registered on the Site to make a purchase (s) one or more Products.

Delivery Address: the postal address to which the Product, ordered by a Buyer on the Site, will be delivered by the Seller.

Offer: an announcement to sell one or more Products published by the Seller on the Site.

Product: is the subject of an offer of sale on the Site published by the Seller on a Product Page, which strictly corresponds to the criteria defined in Article 5 of this Terms of Service and constitutes the object of the contract between the Seller and the Buyer.

Catalog: all Products offered for sale on the Site.

Parcel: the package carefully packaged by the Seller stating the Delivery Address and containing the Product (s) ordered by the Buyer as well as the invoice for the purchase of Product (s) ordered by the Buyer.

Commission: means the sum received by Kate&You in exchange for Users' use of the Site. It applies to all products sold on the Site, regardless of their date of posting. The Commission included in the Product Sale Price, which defines in Article 15.3 of this Terms of Service.

Purchase Invoice: the receipt obtained by the Seller at the moment of purchasing the Product offered for sale. The purchase invoice has no legal value.

Product Page: the website page which consists of the offer (s) for sale of one or more Products published by the Seller on the Site.

Order: the irrevocable response to purchase one or more Products published by a Buyer on the Site in response to one or more Offers of one or more Sellers.

Promotional Offer: allows the Buyer to benefit from the limited advantage over time to obtain a price reduction or a payment facility of the Sale. The Promotional Offer cannot combine with the other offers in progress.

Profile Page: a public page dedicated to the User, who is registered on the Site.

Wallet: the payment account opened on the Site in the name of the Seller, on which the sums related to its sale (s) are paid.

Proof of Shipping of the Parcel: the proof of the deposit of the parcel issued by the postal services or by the delivery company chosen for the delivery. The proof is kept by the Seller for a period of thirty (30) days from the actual shipment.

Price: the price offered by the Seller for the sale of a Product (s). The Product (s) Price (s) include (s) the Kate&You Commission and shipping costs.

Net Seller Price: net selling price corresponding to the price minus the Commission.

Site: means the website operated by Kate&You, and accessible at http://www.kateandyou.com

Trusted Third Party: Kate&You acts as a trusted third party between Buyers and Sellers. When the User buys a product, the payment is kept by Kate&You. This sum is paid to the seller when the buyer has confirmed the receiving of the Product and is satisfied with it. Thus, Kate&You guarantees the buyer against non-receipt of the Parcel and the seller against any risk of non-payment.

User: a person registered on the Site as a Seller or a Buyer (to sell and/or to buy) one or more Products.

Seller: refers to a User who offers one or more Products for sale on the Site. It can be either an individual or a professional.

2. The object of the Terms of Service

KATE&YOU SAS (hereafter referred as “Kate&You”) registered with the “Registre du Commerce et des Sociétés” of Paris under number 834 782 666, with a share capital of € 40,000. The VAT identifying number is FR70834782666. Its Head office is in Paris by the address: 66, Avenue des Champs-Elysées, Paris, France (75008).

Kate&You manages the site kateandyou.com accessible at the address http://www.kateandyou.com and manages the Smartphone application "Kate&You" available for IOS and Android (hereafter together the "Site").

The Site offers its members services that allow them to sell and to buy fashion items in a brand-new condition (hereafter the “Product”). Sellers and Buyers may be defined hereafter by the term: "Users".

Before starting to use the Site, all Users should read all the General Terms of Service carefully and make sure they understand and accept it, as they contain their rights and obligations. Access to the Site, its consultation, and its use - are strictly reserved for Users registered on the Site.

The registration of any User on the Site entails the unconditional understanding and acceptance of the present Terms of Service (hereafter the “TOS”). TOS may be modified at any time, unilaterally by Kate&You, according to the changes or additions made, in particular, to comply with any legal, jurisprudential, editorial and/or technical developments. The following TOS applicable to any purchase on the Kate&You Site is in force at the time of acceptance of the order by the Buyer. It is therefore advised to the Users to read, before any use, the latest version of the Terms accessible at any time, on the Site and on the Mobile Application (for IOS and ANDROID). In case of disagreement with this TOS, no use of this Site can be proceeded, since it is not allowed.

Kate&You reserves the right to refuse access to the Site, unilaterally and without prior notice to any User who does not respect or follow the present Terms of Service.

3. Registration on the Site

3.1. Create an account

The opening of the account is for free, without obligation of purchase or sale on the Site.

The User must be of a majority of age and have the full legal capacity to make a sale or a purchase. To register on the Site, the User must create an account using his/her email address or by using the Facebook Connect function.

In the first case, the User will complete the fields of the Site registration form and provide complete and accurate information about himself/herself. Among the mandatory fields, the User must indicate first and last names, date of birth, country, pseudonym (username), email address and generate a password.

In the second case, the User will be asked to allow Kate&You to access certain information from his/her Facebook account, including first and last names, his Facebook ID, email address, gender, date of birth, profile picture and other information which is public on his/her account.

The User undertakes to update the information provided to Kate&You as soon as possible. The Uses alone is responsible for the possible consequences of not updating this information.

The User undertakes not to communicate pseudonym (username) and password under any circumstances and will only bear the consequences of the use of his/her account, even without his knowledge, by a person using his/her pseudonym (username) and password.

The pseudonym (username) and password are strictly personal and confidential. The Registered User is the only authorized user to access the Site using his/her pseudonym (username) and password. The User agrees not to offer any other person access under his/her identity or his/her pseudonym (username) to the Site. In the event that he/she knows that another person accesses the Site under his/her identity, the User will inform Kate&You without delay.

The User agrees not to register under a pseudonym (username) infringing the rights of third parties.

In particular, the User will not use an identifier infringing an intellectual property right, a registered trademark, or a corporate name.

The User agrees not to create or use other accounts than the one he/she has initially created, whether under his/her own identity or that of third parties. Any deviation from this rule must be the subject of an explicit request from the User and authorization by Kate&You. The creation or use of new accounts under its own identity or that of third parties without having requested and obtained the authorization by Kate&You may result in the immediate suspension of the User's accounts and all associated services.

3.1.1 Specificities for opening a Seller account

Once the registration form is created, the User must indicate additional information that is mandatory for some and optional for others in the event that he/she wishes to offer an article for sale. The mandatory or optional nature of the provided information is indicated by an asterisk.

Among the mandatory fields, the User must indicate his/her status of "Professional seller" or "Non-professional seller", the address of actual residence, landline or mobile phone number, name and surname that is associated with the bank account. Information about the bank account (IBAN) on which he/she wants to receive payment (payment of the Price minus the Commission). A document confirming identity (a copy of the identity card and/or confirmation of the actual address of residence) can be requested from the Seller to complete the opening of the account.

Additional mandatory information is required for Sellers with a bank account in the following countries:

United States: Bank Code, Account Number, last 4 digital numbers of ID card;

Japan: First Name/ Last Name/ Address in Katakana, Bank Name, Branch Name, Bank Code, Branch Code, Account Number;

United Kingdom: Branch Code, Account Number;

Kate&You allows the opening of a Seller account in the following countries: Austria, Belgium, France, Germany, Ireland, Italy, Japan, Luxembourg, Netherlands, Portugal, Spain, Switzerland, USA and United Kingdom.

Payment processing services for Buyers on Kate&You are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Terms of Service or continuing to operate as a Buyer on Kate&You, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kate&You enabling payment processing services through Stripe, you agree to provide Kate&You accurate and complete information about you and your business, and you authorize Kate&You to share it and transaction information related to your use of the payment processing services provided by Stripe.

3.2 Profile page

Once the registration on the Site is finalized, a Seller is assigned a Profile Page.

The pseudonym (username) used when registering will be automatically used on the Profile page. Among the information appearing on the Seller Profile Page (Professional or Non-Professional), the country, profile picture of the User as well as a personal description and the language (s) spoken. The Profile Page may contain other information about items already sold by the User, items for sale rated by other Users and comments received by Buyers.

4. Personal data

4.1. Kate&You commits not to infringe the privacy of the Users of the Site and the confidentiality of the provided information.

When you use our site, we collect, process and store your personal data in accordance with legal provisions, in particular Law No. 78-17 of 6 January 1978, Regulation (EU) 2016/679 of the European Parliament and of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

The personal data you provide us is as follows:

Last name and first name; date of birth; gender; email address; country.

You also have the option to voluntarily provide us with the following information:

postal address (es); landline and mobile number (s); bank details; document (s) of self identification, proof of residence, personal profile picture (of your choice); biography to present yourself on your public Profile Page; the Products you have gone through in our catalog; the Products you are looking for and would like to purchase on the Site.

The mandatory or optional nature of the data to be provided is indicated by an asterisk. The mandatory data must be provided as it is necessary for your registration on our Site and access to any service provided by Kate&You.

Through your activity on our Site, we can also collect the following data:

a history of the exchange between Kate&You and the User; a history of orders and sales on the Site; a history of financial or accounting transactions carried out on our Site or mobile applications; a history of your activity on our Site, including visits and content generated in connection with your account;
if you are a Seller, the details of your assessments given by your Buyers;
if you are a Buyer, the details of the evaluations given to your Sellers;
if you answered our questionnaires the details of your answers.

Kate&You collects, processes and stores your data within the European Union (EU) law.

4.2. In accordance with the law "Informatique et Libertés" n ° 78-17 of January 6, 1978, the User may at any time access the personal information that he/she has provided to the Site, also and request rectification, clarification, updates or deletion. The request for modification or deletion as to be done by letter (KATE&YOU SAS, 66 Avenue des Champs-Elysees, 75008 Paris, France), indicating the User, first and last names, date and place of birth, postal and e-mail addresses, as well as its identifier number assigned after registration on the Site.

4.3. In order to improve and personalize the service, Kate&You uses Cookies, intended to create a clear passage of the User on the Site and make it enjoyable and optimized. Internet browsers used by the User automatically allow to be informed about the presence and possibility of the cookie with a choice to refuse them. Cookie - it is a file sent to the User's computer and stored on its hard drive. If the User is registered on www.kateandyou.com, the computer will store a cookie identifier that will save time each time the User returns to the site www.kateandyou.com, as the Users’ email address will be remembered. The User can change the settings of the browser to prevent the installation of Cookies, without an agreement on his/her part, on his computer:

For Internet Explorer™ : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

For Safari™ : http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html

For Chrome™ : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

For Firefox™ : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies

For Opera™ : http://help.opera.com/Windows/10.20/fr/cookies.html

The website www.kateandyou.com is designed to be particularly attentive for the needs of its Users. If you refuse the registration of Cookies from your side, or you delete your registration, you will not be able to benefit from certain numbers of functions, which are necessary to navigate in certain parts of the Site or the Application. This is one of the reasons why Kate&You uses Cookies. The Cookie is intended to improve the passage of a User on the Site and is used by Kate&You to improve the service for its Users.

We may include third-party applications on our Site or Application that allow you to share our Site content with others, or to let others know about your review or opinion of a particular content of the Site or Application. This is particularly the case of buttons "Tweet", "Like", from social networks such as "Facebook", "Twitter".

Nous sommes susceptibles d'inclure sur le Site ou sur nos Applications, des applications émanant de tiers vous permettant de partager des contenus de le Site avec d'autres personnes ou de faire connaître à ces autres personnes votre consultation ou votre opinion concernant un contenu de le Site ou sur nos Applications. Tel est notamment le cas des boutons « Tweeter », « J'aime », issus de réseaux sociaux tels que « Facebook », « Twitter ».

This type of application button can allow the social network concerned to follow your navigation on our Site simply because your personal account is activated to the social networks on your open session during navigation on our Site. We have no control over the process used by social networks to collect information about your browsing on our Site and associated with the personal data they have. We recommend you to consult their privacy policies.

4.4. By registering on the Site, the User acknowledges and accepts the processing of his/her personal data by Kate&You in accordance with the applicable law and the stipulations of the Terms of Service.

5.1. Creation of the Product Sheet

5.1. Création de la Fiche Produit

The Seller undertakes that any item offered for sale shall correspond to immediately available material property of which he has full and complete ownership and capacity for sale. The Seller agrees that the Products are new, in their original packaging and with the original tags. The Seller assures that it does not violate in any way the laws and regulations in force or does not infringe the rights of third parties by offering a product for sale with the Site.

In his/her Offer, the Seller undertakes to describe in a complete, sincere and faithful manner the Product offered for sale according to the form proposed by the Site. The description of the Product must correspond to its actual characteristics.

The Seller must insert between one and ten photographs of the Product on Product Page. The Seller undertakes to create a Product Page only with accurate, detailed and unretouched photographs of the Product, and he/she guarantees to hold all the rights attached thereto. Kate&You reserves the right to delete any photographs that it deems of insufficient quality or useless to the accurate presentation of the Product.

The Seller guarantees that the origin, condition, and characteristics of the Product that he/she offers on the Site correspond to the description on the Product Page and that the goods offered for sale are not counterfeited. Kate&You reserves the right to require the Seller to provide all the documents justify the rights of ownership and the origin over the product put on sale.

The Seller agrees that the Products are fully in accordance with the public order, morality, law in force in France, and the rights of third parties and that they are not likely to offend the sensitivity of minors. Users prohibited from selling or acquiring directly or indirectly with the Site Products infringing intellectual property rights (counterfeit goods) or selective distribution networks.

Kate&You reserves the right to delete the Profile Page and/or the Product Page of a Seller in the event that it does not validly justify its rights of ownership in the Product (s) referenced on the Site and/or the origin of it/them. The User may not claim any right to compensate if Kate&You deletes this information for the reasons mentioned above.

The User is solely responsible for the sale of a Product that is the subject to a prohibition of the sale and/or which, more generally, contravenes the regulations in force or violates the rights of third parties.

Users agree to inform Kate&You as soon as they notice that Offer does not comply with the provisions of this article.

The Seller agrees to put only one offer per Product for sale. Kate&You reserves the right to delete Offers that appear to be multiple for one and the same article.

5.2. Determination of the selling price

The Seller determines the Sale Price of the Products under his/her sole responsibility. In particular, Kate&You draws the attention of the Seller to the fact that it is his responsibility not to set a clearly excessive price.

The Seller must accurately describe all the different characteristics of the Product and mention its Price on the Product Page. The minimum price of each item is 50 € (or equivalent amount in Seller currency).

The Sales Price determined by the Seller must include the full cost of shipping and insurance of the Product.

5.3. Offer tracking and changes

Once a Seller's Product Page is posted online, the Seller must log in regularly to his/her account in order to know the list of current transactions, monitor them and keep his/her inventory up to date.

Kate&You reserves the right to request the Seller to modify and/or delete the Offer and/or to do so directly, in particular, if the Seller has not published his/her Offer in the appropriate category or if he/she has indicated his contact details in the Offer. The Seller undertakes to publish only photos of the Products self-made. Kate&You reserves the right to remove from the Site any photos that have not been taken by the Seller.

6. Right to the image of the User and copyright on the content posted online by the User

When creating a Profile Page and/or a Product Page, the User may upload photos of herself/himself and/or Products that she/he sells or may post comments online on the site.

When the User uploads photographs on her/his Profile Page and/or on a Product Page, it is guaranteed that these photographs belong to the User and that they neither infringe the right to the image or privacy of third parties, nor the intellectual property rights of third parties in the photographs posted online.

By putting the Profile Page and/or the Product Page online, the User authorizes Kate&You:

- To retouch the photos of the articles that the User has put online to optimize their visibility.

- To modify, save, reproduce, distribute and manage all the elements, including its image and/or photos of Products. Put comments online in any format, by any means and on any device, including the Site and the mobile application, and in reply to the such commercial documents as "Notifications" and "Newsletters", as well as on Kate&You's partner sites.

The User is not allowed to leave the comments against the morality, abusive, defamatory comments or the comments which may damage the reputation of each particular User on the Site. In case of non-compliance with this obligation, Kate&You reserves the right to permanently close the User’s account.

The User is prohibited from publishing photographs which content is inappropriate (nudity, violence etc.). Kate&You reserves the right to delete any content that it deems inappropriate and also to delete the accounts of Users without prior notification.

7. Intellectual Property / Counterfeiting

The Site, its content, its catalog, its illustrations, its photographs, and its images are the property of Kate&You and/or the third parties contractually bound to Kate&You, owners of the intellectual property rights of the Site. It is prohibited to reproduce, represent and/or exploit all or part of the Site, its content, its catalog, its illustrations, photographs and images without prior permission by Kate&You.

Kate&You respects the intellectual property rights of others and prohibits Users of the Site from distributing, downloading, posting or otherwise transmitting any element infringing the intellectual property rights of the third parties. The policy of Kate&You is to respond as quickly as possible to complaints relating to the violation of intellectual property rights and to follow up the reports that incontestably document violations of this nature. To notify an alleged infringement of copyright or a contra-disclosure send a notice of alleged infringement of copyrights or a counterclaim contact us atsupport@kateandyou.com.

In order to fight against the sale of counterfeit goods, Kate&You carries out careful control of the Sellers and the Product Page. Kate&You requires each Seller to provide information (proof of authenticity, invoices) to Buyers and that this information must be provided inside of the Parcel. Kate&You reserves the right to ask the Seller to ship the product from our inspection centers to examine the Product before sending it to the customer.

In case of doubt regarding the authenticity of the Product, Kate&You reserves the right to refuse to put the Product online or to ask the Seller for any document certifying the authenticity of the Product.

Kate&You reserves the right to suspend the Seller's account until receipt of the documents proving the authenticity of the Product.

Users agree to inform Kate&You as soon as they notice that the Offer does not comply with the provisions of this Article.

All Sellers (professional and non-professional) guarantee that the Products they offer for sale are not infringing or are not subject to a sales ban. In the event that a Counterfeit or Prohibited Product is discovered, it will be immediately withdrawn and the Seller's account may be suspended for three (3) months. If subsequently, other Counterfeit or Prohibited Products will be offered by the same Seller, this Seller will not be able to re-register for three (3) years. In addition, in the event that a counterfeit or prohibited Product is offered for sale on the Site, the Seller of that Product assumes the risk of this Product being seized by the competent authorities (police, gendarmerie, customs, etc.) or by the proprietor of the mark concerned, who may retain or destroy it. The Seller will make a personal decision to recover said Product at its own risk and expense.

It should be noted that in accordance with Article L335-1 and following of the French Intellectual Property Code, counterfeiting is punishable by three years' imprisonment and a fine of € 300,000 (€ 1,500,000 for legal persons). If the offense is committed by an organized gang, the penalties are increased to five years' imprisonment and a fine of € 500,000 (€ 2,500,000 for legal persons). In the event that a Product infringing or subject to a prohibition of sale is nevertheless offered for sale or seized by the competent authorities, the trademark owner of the intellectual property rights concerned or the owner of the rights after being sold, the Transaction will be canceled.

8. Purchase of Products

8.1. Ordering by the Buyer

All information relating to the Products provided by the Sellers in their language or, in terms of size, in accordance with the information presented on the tag of the Product. A translation and a size conversion is provided by Kate&You and they are for information only. Kate&You declines all responsibility for the proposed translation or proposed conversion of the size. The original language and the original size of the Product Page will prevail in the event of contradiction or conflict with any translation or conversion. In case of doubt, it will be necessary to refer to the original language and the original size.

The prices of all Products offered for sale on the Site include all taxes and shipping costs, excluding customs and transport taxes.

Please note that in some countries some shipping and customs taxes may charge as extras. They do not include in the Price you see online. You may have to pay customs fees when you receive your order or later according to the customs of your country.

When the Buyer validates the Order, he/she issues an irrevocable purchase offer for the products in his/her basket. The Buyer bounds by this Purchase Offer until the expiry date of the acceptance period left to the Seller as defined in the Article 8.3.

8.2. Payment methods

Buyer may pay:

- by credit card (Visa, Mastercard or American Express) with the secured portal Stripe. Payments made with the secure STRIPE system that uses the SSL (Secure Socket Layer) protocol, ensuring that the information transmitted is encrypted by software and that no third party can read it during transmission on the network. Kate&You has no access to these details.

Backing up bank information, such as saving the Stripe bank card, allows you to place orders in the fastest and simplest way while providing the highest level of security. For this, the Buyer will have to check the box "I authorize Stripe to memorize my financial information to avoid entering them during my next orders from this merchant". These bank details will not be kept by Kate&You but by Stripe, its payment provider.
In NO case, Kate&You stores or has access to the bank details of the Buyers.

A verification can be made by Kate&You over the Buyer, by phone, email or post to validate the Order before shipping an item and ask the Buyer for proof of identity (copy of the Identity card and / or proof of residence). Pending receipt of these documents, Kate&You reserves the right to suspend an order.

Kate&You cannot be held responsible for fraudulent use of the means of payment used.

8.3. Order notification to the Seller

The Seller agrees to confirm or cancel Order within 24 hours after receiving an email from Kate&You, informing him/her that the item he/she put on sale on the Site found a Buyer.

The Seller may accept the Order by consulting his/her Account on the Site. His/her acceptance is firm and irrevocable. From the acceptance of the Seller, the sale is concluded and deemed complete. If the Seller does not respond to the Order within 24 hours, the Order will be invalidated, and the contract of sale will not be concluded.

Once the Seller accepts the Order, the Buyer agrees that his/her first and last names and delivery address are revealed to the Seller. Users undertake to keep this information confidential and not to disclose it. They undertake not to infringe on the privacy of the other Users and not to send them any messages, objects or documentation, including advertising by any means whatsoever (particularly by post, telephone or email).

If the order made by the Buyer is canceled, the Buyer’s credit card will not be debited. If payment has already been charged, Kate&You will refund the transaction in 48 hours.

Orders made by the Buyer are independent to each other. If one or more orders have not been accepted by the concerned Seller (s), the other orders made by the Buyer that are not canceled have to be considered valid and bind the Buyer.

For any question (s) relating to Order (s), the Buyer and the Seller can contact us at contact@kateandyou.comor with our Application in the section < My Account>, < Contact Us>.

9. Kate&You Online Intermediation Services

Kate&You is committed to provide its services with professionalism and diligence and to make every effort, within a reasonable limit, to remedy any malfunction brought to its attention.

In performing these services, Users acknowledge that the Site acts as the Third Party of Trust between the Buyer and the Seller. When the User buys a product, its payment is kept by Kate&You. This sum is paid to the Seller when the Buyer has confirmed that he/she has received the Product in accordance with the order. The Site only acts as an intermediary and Kate&You is in no way reseller of the Products and does not at any time become the owner of the Products.

The quality control performed by Kate&You relates only to the suitability of the Seller's Product to the description inserted by the Seller on the Product Sheet.

Kate&You cannot be responsible for disputes declared between the Buyer and the Seller following the conclusion of the transaction and can not guarantee that the Seller's Product will satisfy the Buyer.

When a dispute arises between the parties, Kate&You may, for a period of 30 days, do its utmost to help the parties reach an agreement. Kate&You cannot be responsible for the outcome of the dispute. During this period, the transaction fund of the User(s) concerned may be temporarily blocked and transfer requests suspended.

10. Rules of good conduct applicable to all Users

Any behavior revealing a manifest desire to mislead another User may be the subject of a formal notice, suspension or permanent interruption of the Users access to the Site and its services. In this case, the Seller shall refund Kate&You any sums it may have received in respect of the sale of said Product and shall compensate Kate&You for any costs incurred by Kate&You and/or the Buyer as a result of the Seller's activity and will have to guarantee Kate&You against possible legal proceedings.

The User undertakes not to insert his/her contact details (telephone, address, email ...) in his Offer, nor in the questions and answers relating to the activity, nor in the name or the description of the Product. Kate&You may delete this information without the prior request from the User. The User agrees not to directly contact other Users outside the space provided for this purpose on the Site.

Users undertake not to make any assessment on the Site and/or on the other Users, which could be denigrating or damaging the image of the services which were provided and/or to taint the reputation of Kate&You and/or other Users.

Finally, Users shall compensate Kate&You from all third-party claims regarding the description of their Product Sheets and/or the description of the Products they offer on the Site.

11. Delivery and Shipping Costs

The price of all Products offered for sale on the Site includes shipping costs.

Once the Seller confirms the availability of the offered Product and accepts the Buyer’s order and Kate&You collects the payment of the Buyer’s transaction price, Kate&You will communicate the details of the Buyer to the Seller so he/she can proceed to the delivery of the product.

The Seller agrees to send the Product properly packaged within 72 hours of the date of acceptance of the Order and to indicate the tracking number from the selected delivery carrier in the form provided for this purpose on the Site. The Seller undertakes to include the photos of the Parcel and its contents on the same page before finalizing the shipment.

When sending the goods, the Seller agrees to send the Product purchased by the Buyer in accordance with the recommendations of the packaging of the Product - correctly and qualitatively. The final choice of the method of delivery of the Goods depends on the Seller.

The Buyer must provide a certain number of mandatory and essential information to finalize the transaction: first and last names, the complete and detailed delivery address, the telephone number and any other information which can be necessary for his/her country for the delivery process.

The Seller may contact the Buyer with the messaging system proposed by Kate&You to obtain additional information for the delivery. The Buyer's contact details must be used solely for the purpose of executing the Order and the legal obligations associated with it.

The Seller must retain the Proof of Shipment of the Parcel and a copy of the invoice for the purchase of the Item for the period of thirty (30) days from the dispatch.

The Seller is solely responsible to the Buyer for the loss, theft or damage of the Product (s) shipped.

The Buyer undertakes to have a standardized mailbox in accordance with the postal services' recommendations (dimension of the mailbox, contact details of the residents clearly visible, etc).

In order to reduce the risks during the delivery, and to allow the Buyer and the Seller to follow the shipping of the Product, the shipment must be made by a carrier that provides the tracking of the Parcel..

Kate&You recommends that the Seller purchases an insurance from the chosen carrier that equals to the amount corresponding to the price of the Product (s).

Kate&You is not responsible for the delivery, regardless of the selected carrier.

12. Reception and verification of the Order

The Buyer is asked to confirm the reception of the Product and its satisfaction within 48 hours after receiving the Product (including weekends and holidays, excluding the day of delivery).

In the absence of confirmation from the Buyer or in the absence of notification of the non-receipt of the Product, its agreement on the transaction will be deemed acquired at the end of a period of 48 hours after receiving the Product. If it exceeds 48 hours after the reception of the Product, and the Buyer has not confirmed, Kate&You will proceed to the finalization of the sale and payment to the Seller with sums corresponding to the transaction.

The Buyer and the Seller agree that Kate&You will calculate these 48 hours by itself in regards to the information provided by the shipping carrier.

Kate&You declines all responsibility in case of wrong information provided by the shipping carrier. In case of error made on the carrier's website, the Buyer will deal with the carrier to be compensated for its damage.

The Buyer must verify (or have verified by the authorised representative who receives the Product on his/her behalf) the visible state of the packaging of the Product on its reception, before signing the delivery note which is given to him/her by the carrier .

12.1 In the presence of an apparent irregularity (damage, missing Products, damaged parcel, broken Product (s), etc. ), the Buyer or the authorized representative must imperatively claim the precise condition on the delivery note: indication of the number of packages and / or missing Product (s)and / or damaged and detailed description of any damage (opened or torn packaging, damaged or missing Product (s), etc.). It is essential that the Buyer keeps the items in the state in which they were delivered (i.e. with all their accessories, other parts received with these Products in their original condition).

12.2 If the Buyer is absent when the parcel is delivered, he undertakes to contact the shipping carrier or its local partner within 24 hours in order to schedule a new delivery of the parcel or, if the service is offered by the carrier or its local partner, the picking up of the parcel in any of the carrier’s offices.

12.3 In the event that the Buyer fails to be present at the time of delivery or to pick up the Product (s), it will be return to the Seller by the shipping carrier. The Buyer accepts that the shipping costs as well any other tax, fees or commission paid by the Seller, shall be fully refunded to the Seller by the Buyer. The Seller undertakes to communicate the return of the Product to Kate&You and the Buyer as soon as possible. The Seller agrees to communicate to the Buyer whether the refund of the returned Product, net of any other taxes, fees or commission, may be made. In the event that the refund is not agreed by the Seller, a charge (between 30 € and 150 € VAT Included) according to the type of product ordered will be requested from the Buyer for a new shipment from the Seller.

12.4 In the event that the parcel is indicated as "delivered" and that the Buyer declares not to have received it, the latter undertakes to open a claim with the shipping carrier and/or to provide any information requested by the carrier so that the insurance on the Seller's contracted shipment will be put in practice.

12.5 In the event that the package is lost by the postal services, the Seller agrees to refund the price of the transaction to the Buyer. It will be up to the Seller to make an accusation against his/her shipping carrier.

12.6 The average duration of an investigation is thirty (30) days. If loss or damage is discovered, Kate&You will refund the Buyer. This refund will be made within five (5) working days from the confirmation of the loss or damage of the parcel by the shipping carrier. In the event that the Parcel is mistakenly declared "received by the Buyer", it is up to the Buyer whether to open a dispute. To do this, the Buyer must contact the Customer Service of the shipping carrier or its local partner within a maximum of two (2) days after the last update of the shipping status.

Le Vendeur s’engage à communiquer à l’Acheteur toute information nécessaire pour l’ouverture d’une contestation auprès du transporteur ou de son Partner local.

The Seller undertakes to communicate all necessary information to the Buyer to open a dispute on the carrier or its local partner.
Kate&You provides the Buyer and the Seller with a messaging service to facilitate their communication.
Kate&You can not be held responsible for loss, theft, delay or degradation in the delivery of Products.
In the event that a dispute arises between the Seller and the Buyer, Kate&You may freeze the sum paid by the Buyer and will only pay the Seller once the dispute is resolved.

13. Unavailability of an Article / Refusal of an Order

In case of unavailability of a Product ordered by a Buyer for any reasons, after confirmation of the Order, Kate&You will contact the Buyer in due time to propose the cancellation of the Order and its refund (if the payment has already been received) which will take place within ten (10) calendar days after the validation of the Order.

Failing shipment of the order and communicating the tracking number to the Customer Service within seven (7) days after confirmation of availability of the Product, the sale will be canceled and the Buyer will be refunded the price of Product.

14. Cancellation / claims / returns / refunds

14.1 Non-receipt and delay of delivery of a Product

If the Buyer does not receive his/her Products within thirty (30) days from the date of the Order, he/she has the possibility to cancel the contract by posting a letter with acknowledgment of receipt at the following address: Kate&You, 66 Avenue des Champs-Elysées, 75008 Paris, France. This is possible only when the Buyer had already demanded Kate&You to solve the situation within a reasonable time and the delivery was still not made within that additional period.

Kate&You will reimburse the Buyer within a maximum of fourteen (14) calendar days from the date of receipt of the registered letter with acknowledgment of receipt.

14.2 Products not conforming to the Product Page

- For Products purchased from Non-Professional Sellers:

In case of non-compliance of an item received by the Buyer in relation to the description of the Product Page, the Buyer will contact Kate&You within a maximum of two (2) days from the date of receipt of the Product. To inform Kate&You of his/her claim for non-compliance of an item purchased from a non-professional seller, the Buyer must send an email to Kate&You explaining why he/she thinks the item does not correspond to the Product Page and/or is not in accordance with these Terms of Service, accompanied by photographs to support his/her claims.

Kate&You will inspect the Product to determine whether it complies with the Product Page and these Terms of Service. The refund will take the form of a credit to the Buyer’s credit card.

All Products returned by Buyers to Sellers due to a lack of conformity with the Product Page must be in their original condition, in their complete and original packaging (i.e. with all their accessories and other parts received)

- For Products Purchased from Professional Sellers:

In case of non-conformity of an item received by the Buyer in relation to the description that has been made in the Product Page or if an item received by the Buyer violates these Terms of Service, the Buyer has the right to make a claim with Kate&You within the period provided for in article 217-7 of the Consumer Code, in order to obtain the replacement of the Product, if this replacement is appropriate or its reimbursement if the replacement of the Product is impossible.

- For Products Purchased from Professional Sellers and Non-Professional Sellers

If the Buyer receives a counterfeit, he/she may return the Product to Kate&You and obtain a refund, except in case of fraud on his/her part.

14.3 Right of withdrawal in case of purchase from a non-professional seller

When the Buyer buys a Product from a Non-Professional Seller, the Buyer has no right of withdrawal.

14.4 Right of withdrawal in case of purchase from a professional seller

When a Buyer, having the status of individual and being in the European Economic Area, buys a Product from a Professional Seller, he/she has a period of fourteen (14) calendar days from receipt of the Product to exercise his/her right of withdrawal from the Professional Seller and an additional period of 14 days to return the Product.

The right of withdrawal does not apply to perfumes and beauty articles, or to lingerie, swimwear, socks ot tights.

14.5 Terms of return of Products

To validly exercise his right of withdrawal, the Buyer must inform the professional seller and Kate&You within 14 days by declaring his/her dissatisfaction via the messaging system of the Site.

The expenses incurred for the return of the Product are the sole responsibility of the Buyer.

Upon receipt of the notification of dissatisfaction by the Seller, the Site will refund the Transaction Price within 14 days. The refund may be deferred until notification of receipt of the Product by the Seller.

Kate&You recommends to the Buyer to obtain proof of shipment for any returned parcel and to send the parcel with tracking service with declaration of value.

Kate&You calls the attention of the Buyer to the fact that he/she must take special care of the Products.

All items worn or an incomplete item will not be refunded and will be held at the Buyer's disposal at his/her own risk for a period of one (1) month from receipt of the Product by the Seller (unless the Item has been received in this condition by the Buyer). The Buyer wishing to recover the Product must make the request via the messaging system of the Site. A charge (between 30 € and 150 € VAT Included) according to the typology of Purchased Product will be asked to the Buyer for a new expedition by the Seller.

The responsibility of Kate&You is excluded in the event of a breach by a Professional Seller or a Non-Professional Seller (for which it acts only as an intermediary) to its obligations under Article 18.

15. Payment of the Seller

15.1 The Seller authorizes Kate&You to collect, on his behalf and on his account behalf, the Price of the Transaction through the secured electronic payment system implemented on the Site or by any other means, which would subsequently be set up by Kate&You.

15.2 In compensation for the use of the Site, the Seller authorizes Kate&You, by the acceptance of the offer by the Buyer and payment by the latter of the Price of the Transaction, to retain from the total price of the Transaction a Commission determined in accordance with the Terms of Service set out in Article 15.3 below. The Commission is not due by the Seller in case of return of the Product by the Buyer or cancellation of the Offer of sale by the Seller.

15.3 The commission charged to the Seller by Kate&You for each sale is equal to 10% of the Product Price.

15.4 Kate&You will pay into the Seller's bank account, the Transaction Price minus the Commission, when the Transaction Price is fully paid by the Buyer and cashed by Kate&You:

- upon confirmation of receipt of the Product by the Buyer on the Site;

- or, in case of absence of confirmation of receipt by the Buyer within 5 days after receipt of the Product by the Buyer.

In the situation where the Buyer did not pick up the Parcel within the limited time and the Product returned to the Seller, Kate&You will refund to the Seller the amount of the Shipping Fees, paid by the Seller and any taxes or commissions paid to repossess the item.

Kate&You upon receipt of the payment of the fixed return charge, as defined in article 12.3, will refund this amount to the Seller within 48 hours.

15.5 The Seller waives from now on any claim concerning the interests possibly produced by the immobilization of the sums perceived on his name and on his behalf by Kate&You on the occasion of a sale.

15.6 The Price of the Product, the Shipping Costs, the Commission and the Sum paid to the Seller are defined including all taxes.

15.7 Kate&You may ask the Seller to provide proof of identity (copy of identity card, proof of residence), Kate&You will suspend the transfer until the receipt of these documents and their examination.

16. General obligations for professional sellers

16.1 Users wishing to exercise a commercial activity through the Site must identify themselves in that capacity to Kate&You. The User concerned must prove that he is a merchant to Kate&You, by sending us a K-bis extract, by mail to contact@kateandyou.com or by post to the following address: KATE&YOU SAS, 66, Avenue des Champs-Elysées, Paris, France, 75008. Kate&You reserves the right to not work with a professional Seller.

16.2 If a Seller, registered as an individual on the Site, appears to be engaged in a commercial activity, Kate&You may ask him to identify himself as a professional on the Site and to provide us with a proof of its quality. In case of refusal or silence, Kate&You may close the account of the Seller. While waiting for the justification of this Seller, the latter accepts that Kate&You may suspend temporarily and as a precautionary Seller account, and/or withdraw his Offer, and/or block his earnings.

16.3 Kate&You recommends the Seller acting in a professional capacity of their obligation to respect the laws and regulations relating to the exercise of a commercial distance sales activity. Their purchase offer must, mandatorily, contain the following information: (i) their identity or contact details, as required by Article R123-237 of the Commerce Code (SIREN [French business identification number] or RCS [Trades and Companies Register] number, and the city of its registered office); (ii) The fundamental characteristics of the Item offered for sale, the total Price of the Item (iii) the ways to exercise the right of withdrawal (iiii) The composition of its textile, leather, leather goods and footwear items offered for sale is indicated in the description of its advertisements.

As regards leather items and similar goods, a professional seller undertakes to indicate the primary material of the item, whether this material is grained, and the animal species for leather. As regards new footwear items, it undertakes to indicate the main material (or materials if no material comprises over 80% of the item) of the upper, lining and outside of the item.

16.4. The Professional Seller agrees to send the Buyer an invoice complying with legal requirements, with mention of the Item sold and the Transaction Price. This invoice must also mention the existence and the terms of the Buyer’s revocation right.

16.5. Except during the Sales periods, Professional Sellers may not sell Items at a loss.

17. Availability of the Site

Kate&You reserves the right to suspend, without notice or indemnity and without liability, access to the Site, temporarily or permanently. It does not guarantee that the Site will be accessible without interruption.

Kate&You strives to keep the Site accessible 24 hours a day, 7 days a week. However, for maintenance reasons and in any case of emergency, Kate&You may interrupt access to the Site. Acceptance of these Terms of Service implies acceptance of any technical interruptions.

18. Responsibilities of Kate&You

Kate&You can not be held responsible for the content of the Offers, actions (or lack of action) of the Users, or the Products offered for sale.

The Seller is solely responsible to inform Buyers of the essential features of the Product. He is solely responsible for the description of the products he/she offers for sale. It guarantees Kate&You any claim relating to the content and form of the said description. The Seller undertakes to carry out all validations, verifications and to make all necessary clarifications so that the description and the elements of the Offer are faithful and not introduced to the Buyer inappropriately.

The seller undertakes to put only one Offer per Product for sale. Kate&You reserves the right to delete Offer (s) that appear to be multiple for the same article.

Kate&You can not be held responsible for the defamatory, abusive or contrary to the good moral comments posted by Users.

For the purpose of clarification, each User acts, at any time, under his/her own name using his/her own account and does not act as agent or representative of Kate&You. Kate&You does not endorse any of the actions of any User and assumes no liability.

Kate&You does not intervene in the transaction between Buyers and Sellers. As a result, Kate&You has no control over and is not responsible for the accuracy or precision of any third-party content and not obligated to control the ownership of any content posted or uploaded to the Site

Kate&You also cannot assure that the Seller or Buyer will conclude the transaction. In case of dispute, Kate&You reserves the right to provide the Buyer and the Seller with their respective email addresses.

Kate&You is not responsible for the fraudulent use by a third party and any consequences of the username and/or password of the User.

Hypertext links on the Site may refer to other sites. Kate&You is not responsible for the content or actions of these sites.

Without prejudice to the stipulations of the preceding paragraph, if Kate&You is held responsible by the competent court, towards a User or a third party, the responsibility of Kate&You cannot exceed the total amount of the commissions that the User has paid to Kate&You during the 12 previous months of activity.

It is the User's responsibility to ensure that all his/her actions and all articles posted on the Site comply with the applicable legislation. The User acknowledges, in particular, that all tax obligations relating to transactions made through the Site are the sole responsibility of the User. He/she further acknowledges that under no circumstances it is the responsibility of Kate&You to notify, inform, assist, substitute or provide any type of advice according to the tax issues or obligations relating to transactions made through the Site.

Users are informed that Kate&You may provide all information relating to their activity, including personal information, to the judicial and administrative courts, as well as to the competent services responsible for the repression of fraud and offenses.

19. Interruption of Service and Termination

In case of non-compliance with one of the conditions of these Terms of Service, whether it’s found by Kate&You, or it is the subject of a justified complaint of other Users, Kate&You can interrupt temporary access of the User to the offered services, in order to find a resolution for the appeared dispute.

If the resolution of the breach is not found within two (2) calendar days after Kate&You has sent the notification of the discovered irregularities, Kate&You may automatically terminate the access of the User concerned to services. This final decision will precede by sending of the notification to the Users email, informing him about this measure. Including the reasons for the termination of the User account, without formalities that it can claim in compensation for any possible caused losses.

Furthermore, Kate&You may terminate the Services immediately, without prior notice, if the behavior of the User violates seriously Terms of Service, in particular, and without limitation in the following cases: sale of counterfeit or prohibited items, opening of several accounts, fraudulent means of payment, attempted fraud or any other criminal offense. Such actions will not entitle Kate&You to any compensation and Kate&You will reserve its rights of indemnification for any loss it may have suffered.

20. The process of complaints/disputes

All complaints concerning to other User (s) must be sent by registered letter with acknowledgment of receipt, to the following address: KATE&YOU SAS, 66, Avenue des Champs-Elysées, Paris, France (75008).

If the User or the Rights Holder identifies a counterfeit or prohibited Product, he must notify Kate&You by sending an email to support@kateandyou.com.

Any User who wishes to make a complaint or a recommendation to Kate&You concerning the services it provides or about the Products obtained/offered for sale from/on the Site may send a message to the following address support@kateandyou.com.

21. Various stipulations.

21.1. Duration and validity.

By registering on the Site, the User is provided with acknowledgment and acceptances without reservation the entire of the current General Conditions of Use which govern all the relations between Kate&You, the Sellers, and the Buyers. This acceptance effects from the date of registration on the User's Site and applies to each Transaction, Offer, Purchase, and Sale.

This contract is between Kate&You and the User for an indefinite period. It is terminable by simple notification at any time and without any particular reason, by one or other of the parties involved.

21.2. Applicable right.

This Terms of Service governs by French law.

In the event of any dispute between the User and Kate&You regarding the interpretation, execution or termination, Kate&You strongly encourages the User, to contact Kate&You in order to try to resolve the dispute directly.

21.3. Other stipulations.

21.3.1This Terms of Service prevails over any contractual or non-contractual document specific to the Seller or specific to the Buyer.

21.3.2 Kate&You has the right to modify the present Terms of Service according to the evolution of its offers and the market structure. Therefore, the User agrees to periodically consult the Terms of Service of the Site to be aware of the changes made. If the User does not accept the following regulations, the Users' account can be deleted. The changes will take effect immediately for online offers as soon as they are notified to Users by any means chosen by Kate&You.

21.3.3 1. The fact that Kate&You tolerates possible actions that are contrary to the Terms & Conditions herein does not amount to its waiving these Terms & Conditions

21.3.4 . If one or more stipulations in the Terms & Conditions herein were to be struck down by a law or regulation or by a legal ruling, all the other stipulations nonetheless remain applicable.

21.3.5 The non-professional seller may be subject to social and tax obligations as a result of sales made on the Site. The User acknowledges that under no circumstances it is the responsibility of Kate&You to notify, inform, assist, substitute or provide any type of advice according to the tax issues or obligations relating to transactions made through the Site