Last update of the standard terms of use: 01/29/2014

1.         Introduction

2.         Definition of the terms used in the present standard terms of usage

3.         Purpose of the standard terms of usage

4.         Our product Offer

5.         The products involved in the Offers to sell

6.         Conclusion of the sale

7.         Results of the conclusion of the sale

8.         The professional Seller

9.         Product returns

10.       Price of the products and the payment for the Site

11.       Breach of the standard terms of usage

12.       Warranties and responsibilities

13.       Personal information about the Users of the Site

14.       Miscellaneous items

1.         Introduction

• klintr offers a Marketplace – the Site – for bringing together Buyers and Sellers.

The Site enables bringing together:

• Users who publicize on the Site an Offer to sell by means of their Store in order to put up their Products for sale;
• Users who wish to buy said Products on the Site.

• All contact among the Users of the Site obligatorily implies the prior and unreserved agreement of these Users to the present standard terms of usage, non-disclosure policy and process of ordering and purchasing without the handwritten signature a document by said Users being needed to validate their implicit agreement.
   

2.         Definitions of the terms used in the present standard terms of usage

• "Site" refers to the klintr Site, which is accessible at the following address http://www.klintr.com. For the time being, the Site is only in English.

• "User" means any person who uses the Site in order to buy or sell on it one or more Products.

• "Total Price of the Product(s)" means the price of the Product(s) (all taxes included), plus the delivery cost, which are paid by a Buyer during his order on the Site. For the time being, prices are expressed on the Site only in U.S. dollar, Euro or Pound Sterling. At any time, the Site reserves the right to express prices in any other currency.
   

3.         Purpose of the standard terms of usage

The present terms define the Site's rules for Users making contact in the Marketplace.

4.         Our product Offer

• By submitting an Offer on the Site, the Seller promises that

• The Product is immediately available on the day of submission of the Offer;
• The Product conforms to Article V of the present standard terms;
• The Product was not given as collateral, that it is not the object of any security and that he disposes of it solely and without restriction in full ownership. Upon request by klintr, the Seller must immediately furnish all documents justifying his ownership of the Product in question.

• The Seller promises to set the Price of the Product in conformity with the laws and regulations in effect and without limitation. The professional Seller also promises to respect the regulations in effect and to draw up an invoice detailing the applicable VAT and full personal information to be sent to the Buyer with the shipped product.

• The Site being only in English for the time being, the Seller promises to draw up exclusively in English all information on the Site, especially information concerning himself and his brand names, as well as the complete and exact characteristics and qualities of all his Products put up for sale on the Site and the availability, the price of the Products, the delivery times and the shipping costs.

• The Seller promises to express the sale prices of his Products and of his delivery costs exclusively in one of the three currencies which are shown on the Site: U.S. dollar, Euro or Pound Sterling. The Site alone is authorized to propose to the Users an automatic conversion of sales prices and delivery costs in one of the three currencies that are authorized on the Site. The Buyer sends his order to the Seller on the Site by expressing the sales price of the Products and of the delivery costs in the currency of his choice and the Seller must accept it.

• klintr promises to publicize the Offer of the Seller on the Site for an indefinite period of time. The placement on line by klintr on behalf of the Seller of his Offer implies the transfer to klintr of rights of representation, reproduction, translation and adaptation attached to the Products of the Offer, for use on present and future klintr Sites, freely and worldwide and for the legal duration of protection of literary and artistic ownership.

• By accepting the standard terms, the Seller is bound by contract to the Site and to klintr for an indefinite period of time. At any time, the Seller, if he so requests, may interrupt the contract on the Site. For its part, the Site at any time can decide to halt the contract without explanation and without notice.

• The Seller accepts that in the event the contract is interrupted, his Store will no longer be accessible on the Site. Meanwhile, his Products could still be listed, particularly on search engines and for an indefinite period of time.
   

5.         The products involved in the Offers to sell

Users promise that the Products of the Offers to sell are exclusively made up of Products listed on the Site. Users also promise that the Products designated by the Offers to sell are in perfect conformity with public order, with good morals, with the laws as well as with the rights of third parties and that they are not likely to offend the sensitivity of minors. Any information the Seller provides on the Site should not, neither wholly nor partially, violate the rights of third parties, particularly third-party personality rights, copyright (notably and not only any patent, brand name, design, model, right of authorship, commercial name, manufacturing secret or third-party skill). Accordingly, Users are forbidden to sell or purchase, directly or indirectly through the intermediary of the Site:

• Products whose presentation, visual elements and functions directly or indirectly incite racism, xenophobia, anti-Semitism, pornography, pedophilia and any form of discrimination in general (racial, sexual, religious, etc.), hatred or violence and cruelty to animals;

• Stolen Products and/or Products of which the Sellers do not have full ownership;

• Products of a defamatory character, that are insulting or that violate another person's private life, honor or reputation;

• Products which violate intellectual property rights (counterfeit products, illegal digital files, etc.);

• Products which show actual animal fur, regardless of the animal, and/or leather from the skin of exotic animals and/or threatened species of animals and/or animals nearing extinction.
   

6.         Conclusion of the sale

• Any order paid by the Buyer constitutes an irrevocable acceptance which cannot be questioned. The Buyer is irrevocably bound by his Purchase, subject to the exercise of the right of recourse or of retraction according to the terms described in Article IX.

• The Purchases made by the Buyer are independent of each other. If one or several of the Purchases is subject to the right of recourse or of retraction, the other Purchases will not be questioned and the Buyer still will be bound to them. On the other hand, if the Buyer orders Products from different Sellers, he will make one independent purchase per Seller.

• In making an order on the Site, the Buyer implicitly accepts the duty to pay, if need by, customs fees, VAT and/or other taxes which are owed upon the importation of the ordered Products into the country of delivery. The formalities which relate to it are also the exclusive burden of the Buyer, except where otherwise indicated. The Buyer alone is responsible for verification of the possibilities of importation of the ordered Products in regard to the law in the country of delivery. The whole of these elements is specific to each country of delivery and is in no way linked to the Site, to klintr or to the Sellers. In this respect, the Site recommends that the Buyer contact his local customs service in order to determine in advance the amount of taxes and fees he will have to pay for the importation of a product he wishes to buy from a Seller on klintr.
   

7.         Results of the conclusion of the sale

• Validation of an order with a Seller is effective upon the Buyer's payment for this order on the Site. klintr does not act in the quality of a technical and passive intermediary among the Users and does not get involved in any way with transactions among Buyers and Sellers, they being the only ones who decide the conclusion of sales contracts through the intermediary of the Marketplace. klintr is neither a re-seller nor an owner of the Products placed for sale on the Marketplace and does not enter into possession of the Products placed for sale. klintr can neither guarantee to the Buyer that the Seller's Product will satisfy him nor guarantee to the Seller that the Product will not be returned since these events and these parameters are directly and uniquely under the personal responsibility of each Seller and Buyer.

• klintr and the User are independent parties, each one acting in his own name and on his own behalf. The present standard terms do not create any relationship of subordination, mandate, joint venture, common enterprise, employer/employee or franchiser/franchisee relations between klintr and each User.

• The Buyer's payment for an order obligatorily commits the Seller to deliver the Product to the Buyer in the shortest time.

• Upon receipt of the order, the Seller will inform the Buyer of the receipt of the order.

• Upon shipment of the ordered Products, the Seller will inform the Buyer of the shipment of his ordered Products, of the order's tracking number as well as of the transporter's location eventually.

• In order to ensure the tracking of Products being sold on the Site, the Seller promises to keep his Product stock up to date on the Site.

• If the Seller, professional or non-professional, does not have available in stock the ordered Product(s), he is required to reimburse the Buyer immediately upon receipt of his order and of his payment (price of the products with the delivery costs).

• The Product(s) ordered by the Buyers are transported at the Seller's risk. In the event of loss, theft or deterioration of a Product during transport, the Seller's responsibility is obligatory vis-à-vis the Buyer. That is why the Site recommends that each Seller use a well-known and protected shipping mode (for example FedEx, UPS or DHL), with a delivery label, insurance for the value of the Products and a counter-signature return slip, if need be, since the responsibility of each Seller is committed in the event of a Product that is lost, stolen, broken, damaged, not in conformity and/or declared non-received by the Buyer. In particular, the Site recommends using transport professionals in cases where the ordered products have high value and in cases where the specific Products obligatorily necessitate transporters who are licensed according to current regulations, especially where it concerns works of art, precious metals and jewels. In all cases of orders not received by the Buyer, as well as of loss, theft or damage, regardless of the reason, it is expressly agreed that the Seller, be he a professional or non-professional, will fully reimburse the Buyer's payment (product price with delivery costs) within 7 calendar days.
   

8.         The professional Seller

• The Seller acting professionally must be registered on the Site as such and must obligatorily furnish his matriculation number with the Business Registry.

• klintr reminds the professional Seller of his obligation to respect all rules and legal obligations of applicable consumption, especially regulations relative to invoicing and on-line sales, to clarity of the offer made to the consumer, to the terms of delivery of the sold item and to the consumer's right of retraction.

• The professional Seller promises to draw up for the Buyer's benefit a registered certificate of the sale and a legally fit invoice that designates the sold Product and the total Price of the transactions. This attestation must especially mention the existence and the modalities of the exercise of the right of retraction for the Buyer. Moreover, the professional Seller must ensure his declarative obligations, of a labor-management or tax nature, in his enterprise's home country.
   

9.         Product returns

• If the Seller is a professional, the Buyer can ask the Seller for the return, exchange and/or reimbursement of the purchased Product. In this case, the Buyer has 7 (seven) calendar days from the date of receipt of the Product to exercise a right of retraction without having to explain why or pay any penalties, except for the cost of returning the item to the Seller which is the Buyer's burden, as well as, if need be, customs fees, VAT and/or other taxes which are owed on occasion of the importation of the returned Products at entrance to the Seller's country of delivery. In the event of a Product return, it is expressly agreed that the Seller will fully reimburse the Buyer for the payment of his order (price of the products with delivery costs) upon receipt in proper order by the Seller of the Product that was returned by the Buyer. In such a case, the Product(s) returned by the Buyers are transported at the Buyer's risk and the Sellers must recommend to their Clients the best transport solution for returning products and indicate the rate (for example FedEx, UPS or DHL).

In the event of a Product return, the latter must obligatorily be returned new, unused and in its original packaging, with all the elements and relevant slips that accompanied the Product when it was delivered.

In particular, the following products must not have been worn, tried on or used: underwear, swimsuits and all hygienic or bodily intimate products.

• If the Seller is not a professional, but a consumer and non-professional, the right to return or exchange a product cannot be exercised by the Buyer and no Product can by taken back by the Seller except if the Seller accepts it, for commercial reasons, in which case the Product(s) returned by the Buyers are also transported at the Buyers' risk and the other terms remain unchanged.
• In order to exercise one's right of retraction, the Buyer can ask klintr for it by going through the contact rubric on the Site which then is tasked with notifying the Seller(s). Nonetheless, it is restated that, in the event of a claim or a legal dispute, only the PayPal client service is officially entitled to help all Users here: https://www.paypal.com ("help" rubric).
   

10.         Price of the products and the payment for the Site

• The total price of the Product paid by the Buyer is with all taxes included on the Product, to be determined on the date of the Offer by the Seller and includes delivery costs. The Buyer is charged the total Product price as soon as the order is paid. In the event of an error relative to an element of the offer of a Product, notably in the event of a price error and/or an error in the amount of the shipping cost, then all supplementary costs or charges will be the burden of the Seller, who cannot make any claim with the Buyer or with klintr.

• The payment for orders by the Buyer to the Seller is made exclusively by the PayPal banking service which is available on the Site. The PayPal banking service authorizes one payment by bank card, a payment which not necessitates a PayPal account for the Buyer, or a payment by the PayPal electronic wallet which necessitates a PayPal account for the Buyer.

• In all cases, the Seller must have a PayPal account for which he has taken the care to register on his Seller's profile on the Site, since he receives payments from the Buyer on his PayPal account alone. In order to create a PayPal account or learn more about PayPal, click here: https://www.paypal.com/.

• Creation of a Seller account  on the Site is free. For the time being, the opening of a store on the Site is likewise free as well as the sale of products in the store. For the time being on klintr, the Seller only pays fees if he has made a sale.

• For the time being, the services offered by the Site are paid for only by a commission the Seller pays for each order he receives and which is paid him by a Buyer:

• Introductory service between the Buyer and the Seller on the Site;
• Placement service of a Store and tools for the placement on sale of Products for the Seller on the Site;
• Provision of presentation tools for the Seller, for his brand names and his publicity, etc.;
• Provision of the PayPal banking service for Users of the Site;
• Banking fees linked to the use of the PayPal banking service (commissions, cross-border fees and currency conversion, if need be) are the burden of the Seller (for details, see here: https://www.paypal.com/);
• The commission only applies when Products are sold;
• The commission is part of the Product price;
• The commission principle is as follows:

• The Site draws only 15 percent of the commission to the Seller on the price of the Products (all taxes included), for each order which is paid to him by a Buyer, outside of delivery costs. For each order that he receives, the Seller immediately receives in his PayPal account 85 percent of the price of the Products for each order (all taxes included) plus delivery costs;

• In all cases of litigation with Clients, of Product return and/or of their reimbursement, the Seller will reimburse to his Client's full payment (price of the products with delivery costs) and the Site also will reimburse to the Seller the 15 percent commission on the price of the products (all taxes included). In the majority of cases of Client reimbursement, the PayPal costs are generally reimbursed to the Seller. For more details, see: https://www.paypal.com/;

• In the event of a claim or a legal dispute, only the PayPal client service is officially entitled to help all Users here: https://www.paypal.com ("help" rubric).
• Users are prohibited from bypassing the Site's mode of payment;
• At any time, the Site reserves the right to modify its mode of payment in the present standard terms and the right to introduce new costs, particularly costs linked to marketing and/or promotion of Stores and/or Products on the Site or with commercial partners, etc., while allowing a month's notice of the effective implementation of these modifications on the Marketplace and after having notified the Sellers.
   

11.         Breach of the standard terms of usage

• Without affecting a likely legal action in the event one of the present standard terms is not observed by a Seller, klintr may immediately withdraw the Seller's Offer and refuse Site access to him without notice and without compensation.

• Without limiting the provisions of the preceding paragraph, klintr reserves the right to withdraw an Offer without notice and without compensation in the following cases, notably

• The Seller who requested insertion of the Offer in klintr did not, at one time or another, follow one of the obligations of the present standard terms;
• The Seller uses the Site professionally while concealing from klintr his professional status when he sought registration;
• The Seller puts Products on line which do not comply with current legislation nor with the present standard terms;
• The Seller puts on line Products, photographs illustrating these Products and other documents and information about these Products which do not conform to the Site's editorial and artistic line.
   

12.         Warranties and responsibilities

• The Site simply provides technical service. Its activity is limited to bringing together Sellers and Buyers and to hosting site content. Accordingly, the Site is not bound to exercise control over the quality, the security or the legality of the Products and services proposed through its intermediary; over the veracity or exactitude of the contents placed on line; over the capacity of the Sellers to sell the said Products or to render services; or over the capacity of the Buyers to pay for the said Products or services.

• The Sellers acknowledge that they are responsible for the delivery of the sold Products and for the execution of the services in respect of the terms and time periods set forth. The likely guarantee linked to the Products is the sole responsibility of their Sellers. The Buyers acknowledge that they are responsible for paying for the purchased Products and for the services rendered under the terms required by the Seller. The Site and klintr expressly exclude commitment of their responsibility in these regards.

• In the event of difficulty in fulfilling the contracts, it is up to the Seller or the Buyer to notify their respective co-contractor. In its quality of simply being a technical service provider, the Site does not intervene in litigation between Users of the Site and/or a third party and it cannot be held responsible in this regard.

• klintr cannot be held responsible for loss of profit, of Clientele, of data or information stored on the Site or by its services, or for indirect damage.

• Users promise:

• To guarantee klintr and its employees, partners, service providers and licensees against any claim and any recourse by a third party because of the content that the Users submitted, displayed, transmitted or rendered available through the intermediary of the Site and its services; and against any violation by them of the present standard terms or of the rights of others;
• To indemnify klintr from all claims and judgments of whatever kind to which klintr may be subjected individually or collectively with the Users. The warranty bears especially on all damages and interests to which klintr would be subjected and extends to likely court costs it may have to assume, including unrecoverable expenses, lawyer fees, expenses and publication costs. Recourse by third parties targets pre-contentious claims and lawsuits which could be conducted in regard to klintr and, if need be, conjointly in their regard, especially on the foundation of the violation of the intellectual property rights held by these third parties.

• klintr, as a third party in correspondence and relations with Users with billboards or with organizers of commercial operations (whether Site partners or not) excludes all responsibility in this case.

• klintr is in no way responsible for the fact that the Seller is not the legitimate owner of the Products in his Offer; for the Products' not matching the description of the Offer; for lies, promises, exaggerations, theft, violence or error by the Seller or by the Buyer; for the illicit character of the Products in the Offer; for the absence of any conclusion of a sale; for the parties' proper fulfillment of their obligations; for the non-delivery of the products to the Buyer by the Seller; for the Buyer's returning the Product to the Seller; for defects or hidden flaws in the purchased Products or for risks attached to the transport of the Products.

• Users guarantee and will compensate klintr against all damage suffered by klintr and against any pursuit of responsibility which may be undertaken against klintr on the basis of the violation of the present contract and/or the right of any third party whosoever.

• klintr is not responsible for the fraudulent use by a third party of its e-mail address and/or the password of the User.

• Photographs and illustrations which appear on the Site are not contractual and do not raise the issue of the Site's responsibility.

• klintr is not responsible for the alteration, loss or accidental transmission of data or for passing a computer virus.

• Without notice or compensation and without raising the issue of responsibility, klintr reserves the right to suspend temporarily or permanently any User's access to the Site. On the other hand, klintr can interrupt access to the Site, fully or partially, for maintenance, operational need or emergencies and/or remove or modify any content for technical or practical reasons. klintr is not bound to any obligation of means concerning the continuity of access to the Site. Such intervention cannot in any way raise the issue of responsibility by klintr, or give rise to any compensation or any damages and interest benefiting a User.

• The Users acknowledge that in the event of an Act of God, strike, breakdown, blockage or difficulty concerning the computer hardware and software used by klintr or the Internet, and in the event of a suspension of access to the Site, the obligations of the parties are suspended.

• Hypertext links on the Site can go to other sites or blogs. klintr is not responsible for the content or actions of these sites or blogs.

• The fact that klintr tolerates any likely actions that run counter to the present standard terms cannot mean it does not uphold the said standard terms.

• klintr has no general obligation, beforehand or afterwards, to monitor the content that Users place on line. Accordingly, the content placed on line by the Site raises exclusively the issue of the Users' responsibility. On the other hand, the content of the other Users could be offensive, harmful, inaccurate or misleading. The identity and the quality of a User can be different from those presented on the Site.
   

13.         Personal information about the Users of the Site

• For each order that he pays for on the Site, the Buyer accepts disclosure of his last name, first name, e-mail address and delivery address to the Sellers in order to enable them to deliver the orders. Users promise to keep this information confidential and not to divulge it. The Sellers promise to respect the law on personal data and, in particular, not to reuse, keep, reproduce or give the Buyers' personal information to a third party. Moreover, the Sellers promise not to undermine the respect for privacy of the Buyers and not to send any message, any attachment, any advertising or any other document by any means (mail, telephone, electronic message or any other current or future method) for themselves or for third parties.

• The Users' personal electronic data are secure with klintr and are used solely in order to give access to the Users in the regulated zones on the Site and in general in order to provide Users the services requested on the Site.

• The User may have access to the personal information that he gave to the Site and request updating or deletion of it by e-mail: info@klintr.com, including his last name, first name, his postal and e-mail addresses and his password. The User implicitly gives his consent to klintr regarding the use of data gathered via the file of the Users of the Site.

• The User accepts that klintr will keep all documents, information and records of his activity on the Site. These documents, pieces of information and records will show the date and content of the Offer, Purchase, Sale and conclusion of the sales contract no matter the amount.
   

14.         Miscellaneous items

• The http://www.klintr.com/terms pages are a basic part of the standard terms of usage. During the order and/or the sale on the Site, the User acknowledges that he has observed, understood and accepted without reserve the completeness of the standard terms of usage which govern together and with obligatory force the relations between klintr, the Sellers and the Buyers. This acceptance takes effect upon the placement date on line of the Offer, of the purchase and/or of the sale by the User on the Site and means for each transaction: Offer, Purchase and Sale. The standard terms of usage prevail upon all contractual or non-contractual documents suitable to the Seller or suitable to the Buyer.

• The present contract is between klintr and the User for an indefinite period of time. It can be terminated upon request at any time and for any reason by one or the other of the present parties.

• The Site, its content, catalogue, texts, illustrations, photographs and images are the property of klintr and/or of third parties contractually linked to klintr, being holders of the Site's copyright. It is forbidden to reproduce, represent and/or use all or any part of the Site, its content, its catalogue, its texts and illustrations, its photographs and images without the prior authorization of klintr.

• At any time, klintr reserves the right to modify the present standard terms. It will use all means to inform Users of these modifications. Any modification of the present standard terms has obligatory force in the relations among klintr, the Sellers and the Buyers as of the date of these modifications. Said modifications do not affect paid sales being processed.

• klintr reserves the right to sub-contract and/or yield to third parties its rights and obligations under the present standard terms.

• If klintr ends up proceeding with the recovery of sums owed by a User, it is authorized to bill the User in question for the filing fees linked to this recovery.

• In the event of fraud or a blatant breach of the law (especially counterfeiting, receiving stolen goods, illegal importation) klintr has the obligation to give all documents, pieces of information and records it has, especially e-mail addresses, passwords and registered data of the concerned Users to the competent institutions that are tasked under current legislation with prosecuting fraud and breaches of the law in each country.

• Assuming that one or several of the stipulations of the present standard terms are struck down by legislation, regulation or by a court decision, all other dispositions shall remain applicable.

• The present standard terms are governed, interpreted and applied in conformity with French law. Only the courts in the jurisdiction of klintr's headquarters are competent in litigation cases connected with the present standard terms.

Last update of the standard terms of use: 01/29/2014