1. Buyer Terms

1. Introduction

1. Role of RefinedRare.com
   • RefinedRare.com (“the Platform”) facilitates transactions between independent sellers (“Sellers”) and buyers (“Buyers”). We do not own or hold title to any items listed on the Platform.
   • Upon a Seller’s request, RefinedRare.com may list items for sale or rent and handle certain aspects of the transaction on the Seller’s behalf.
   • Buyers acknowledge that RefinedRare.com is not a party to any final contract of sale or rent between Buyer and Seller.
2. Purchase Options
   • Direct Purchase: Buyers may purchase listed items at a fixed price (if available).
   • Auction: Buyers may bid on items available through auction.

2. Bidding & Purchasing

1. Bidding on Objects
   • All bids placed via the Platform are legally binding. By placing a bid, you acknowledge that you have carefully reviewed the item description and have determined your own valuation of the item.
   • Certain items may have a Buy Now option, allowing you to bypass the auction process. This too is a binding action.
2. Market Value & Reserve Price
   • Market value is determined by the parties involved. While we may provide an estimate or guide, it’s the Buyer’s responsibility to decide what they’re willing to pay.
   • Some items may have a reserve price. If bids do not meet this reserve, the item may remain unsold.
3. Import Laws & Additional Costs
   • Buyers must ensure compliance with import/export regulations and cover any associated fees, duties, or taxes required by their local authorities.
4. Items Sold “As Is”
   • Unless otherwise indicated, items are offered “as is,” meaning the condition is based on the Seller’s description and any provided imagery.

3. Buyer Protection & Contract Formation

1. Contract of Sale
   • When your bid or Buy Now action is successful, you enter a binding contract with the Seller.
   • You must pay the purchase price, any applicable Buyer Protection fee, and other associated costs (e.g., shipping, import duties).
2. Buyer Protection Fee
   • Certain transactions may include a Buyer Protection fee, covering dispute resolution or fraud safeguards. This fee is non-refundable unless stated otherwise.
3. Other Costs
   • Shipping, taxes, import fees, and any other supplemental charges are additional to your final purchase price.

4. Payment Terms

1. Payment Options
   • We may offer various payment methods (e.g., credit card, bank transfer). You must complete your payment within 3 days of the auction close or immediately for a Buy Now purchase.
   • Payment is securely held by our payment partner until the item is delivered or picked up.
2. Timely Payment
   • If payment is not received within the required timeframe, we may consider you in default and take appropriate measures (see Section 10 on non-fulfillment).
3. Late or Failed Payment
   • Late payments may delay shipping or pickup. If you fail to pay entirely, you risk additional fees, suspension of your account, or legal action for damages.

5. Shipping or Pickup

1. Address Verification
   • Before submitting payment, confirm your shipping address is correct. Any re-routing or additional costs from an incorrect address will be the Buyer’s responsibility.
2. Arranging Shipment
   • Once payment is confirmed, you can message the Seller to finalize shipping or pickup details. For pickup items, aim to complete collection within 5 working days.
3. Late Delivery/Pickup
   • If delivery or pickup is delayed due to your unavailability or lack of communication, you assume all risks (including possible storage fees).
4. Resolving Shipping Issues
   • If any delivery dispute arises (e.g., item lost in transit, arrived damaged), contact both RefinedRare.com and the Seller promptly.
   • Provide documentation (photos, receipts) to facilitate a swift resolution. Possible outcomes may include refund or re-shipment, depending on the circumstances.

6. Unboxing & Verifying

1. Receiving Your Item
   • Upon arrival, carefully inspect the object to ensure it matches the description and condition specified by the Seller.
2. Seller Guarantee of Conformity
   • Sellers are expected to accurately describe items. If an item is significantly different from the listing, proceed to Section 7 (“Concerns and Returns”).
3. Enjoying Your Purchase
   • Once verified, relish the unique value and refined rarity of your newly acquired object.

7. Concerns & Returns

1. Raising Concerns
   • If you suspect the item is misdescribed or damaged, contact us within 3 days of receipt. We’ll coordinate with you and the Seller to investigate and propose solutions.
2. Possible Outcomes
   • Solutions could include a partial refund, a full refund with return of the item, or resolution of a shipping insurance claim.
3. Right of Withdrawal
   • 14-day Return Window: If you purchase from a professional Seller, some jurisdictions allow a 14-day withdrawal period.
   • Private Sellers: For items sold by private individuals, the right of withdrawal may not apply, meaning no cancellation or return is permitted unless the item is significantly not as described.
4. Return Shipping
   • If a return is agreed upon, the Buyer typically covers return shipping and, if necessary, insurance.

8. Buyer Obligations

1. Fulfill Payment
   • Pay for your purchase on time, in the full amount (including fees) without issuing unauthorized chargebacks.
2. Pick Up Items Promptly
   • For pick-up sales, collect your item within 5 working days or as agreed with the Seller.
3. Limit Cancellations
   • Only cancel a confirmed purchase for legitimate reasons (e.g., the item is significantly misdescribed).
4. Resale Royalties
   • If you purchase an original artwork, resale royalties may be owed to the artist, especially in certain countries. The Buyer acknowledges that they may be responsible for paying such royalties in compliance with international copyright laws.

9. Failure to Fulfill Obligations

1. Consequences
   • If you fail to meet your obligations (e.g., non-payment, unlawful cancellation), we may suspend your account, cancel the sale, or recover damages in accordance with Article 13 of our General Terms.
2. Financial Damages
   • Any losses or costs resulting from your breach of these Terms (including internal expenses) may be claimed by RefinedRare.com or the Seller.
3. Fraudulent Actions
   • In cases of suspected fraud, we may report your activity to law enforcement (domestic or international).
4. Seller Remedies
   • Sellers retain the right to seek legal remedies for breach of contract or non-payment.

10. Reporting Fraud & Dispute Handling

1. Report Fraud
   • If you suspect fraud or notice suspicious behavior, alert RefinedRare.com immediately. Your vigilance protects all participants.
2. Dispute Resolution
   • We encourage direct communication between Buyer and Seller. If disputes persist, contact us for mediation.
   • Our decision after mediation may involve refund, partial compensation, or other equitable solutions.

11. Updates to Buyer Terms

• These Buyer Terms are subject to ongoing revisions as RefinedRare.com’s business evolves. We recommend reviewing them periodically. Your continued use of the Platform after changes indicates your acceptance of any updated Terms.

Summary

• RefinedRare.com is a facilitator, not the owner of items.
• Bids & Buy Now actions are binding; your diligence is required to evaluate items.
• Pay on time, and if issues arise, communicate promptly with Sellers and us.
• In rare cases, returns or refunds may be possible, but you generally bear shipping/insurance costs.
• Failing to fulfill obligations may lead to account suspension or legal consequences.

2. Seller Terms

1. Introduction

1. Role of RefinedRare.com
   • RefinedRare.com (“the Platform”) facilitates transactions between independent sellers (“Sellers”) and buyers (“Buyers”). We do not own or control the items listed on our marketplace.
   • Sellers can list items for sale or rent through direct sales or auctions. Upon a Seller’s request, RefinedRare.com may assist in marketing or otherwise facilitating the sale.
2. Private vs. Professional Sellers
   • When creating a Seller Account, you must accurately indicate whether you are acting as a private individual or a professional seller.
   • Professional sellers (i.e., those in business or trade) may have additional legal obligations (e.g., tax compliance, consumer protection laws).
3. Payment Provider Requirements
   • You may be required to share certain identification and financial details with us or our payment providers to complete registration.
   • Failure to provide accurate information or comply with payment provider rules may lead to suspension or incomplete registration.

2. Professional Sellers

1. Legal Compliance
   • Professional sellers must follow tax regulations, consumer protection laws, and EU directives (where applicable).
   • This includes respecting the right of withdrawal for consumers when mandated by law.
2. Additional Responsibilities
   • You may apply your own Terms & Conditions, provided they do not conflict with our Platform policies or legal requirements.
   • For more details on professional obligations, refer to our Professional Seller Policy.

3. Listing Your Objects

1. Submission Guidelines
   • After registration, you can submit objects for listing. We reserve the right to accept, reject, or request revisions to ensure items fit our marketplace standards.
   • Accurately describe the condition and origin of your item. Provide documentation of provenance and authenticity where possible.
2. Detailed Object Description
   • Include clear, high-quality photos, specifying any flaws, damage, or deficiencies.
   • State the country of origin and, if relevant, when it left that country.
   • If a reserve price applies, disclose it (though some lower-value items may not have this feature).
   • If you wish to offer a Buy Now option, indicate so during the listing.
3. Accuracy & Final Description
   • We may edit, translate, or format the description for clarity or consistency, but final responsibility for accuracy remains with you.
   • Any misrepresentation may lead to cancellations, disputes, or liability for losses.
4. Prohibited Listings & Materials
   • Your listing (“User Material”) must not be misleading, false, discriminatory, or offensive, and must comply with all applicable laws.
   • You agree not to use our marketplace for spam, chain letters, or other prohibited content.
5. License to Use Your Listing
   • By submitting your User Material, you grant RefinedRare.com a global, non-exclusive, sub-licensable, irrevocable license to display, promote, translate, or otherwise use this material for marketing or operational purposes.

4. Guarantee of Authority to Sell

1. Legal Right to Sell
   • By listing an item, you confirm you have full legal rights to sell it—i.e., you are not violating third-party rights (IP, contract, etc.) or any economic sanctions.
   • You may not list items for fake transactions, money laundering, or any form of fraudulent behavior.
2. Exclusivity
   • If your listing is exclusive to our marketplace, you agree not to list or sell the same item elsewhere while it remains active on RefinedRare.com.

5. Live Listings & Auction Conduct

1. Timing & Adjustments
   • Once an auction is live, you may lower the price (e.g., the reserve) but generally cannot modify item details that affect the authenticity or condition.
   • Withdrawing a listing after it goes live is not permitted. If you attempt to withdraw, we may impose penalties and cancel the listing.
2. Fair Auction Policy
   • Activities such as shill bidding (bidding to inflate the price artificially) or influencing the bidding outcome are strictly prohibited.
   • We reserve the right to remove fraudulent bids or cancel suspicious listings.
3. Promotion of Listings
   • You may promote your own listings via social media or other channels, provided it doesn’t conflict with fair auction practices or violate local laws.

6. Contract with the Buyer

1. Sale Completion
   • Once a buyer’s bid wins or a Buy Now is used, you enter a binding contract of sale with that Buyer.
   • The Buyer pays the purchase price plus any applicable fees (e.g., shipping, import duties).
2. Seller Commission & Fees
   • We charge a Seller Success Fee or commission per transaction. The percentage or amount may vary by item category and is non-refundable.
   • This fee will be deducted from your payout before funds are released.
3. Payment Process
   • The Buyer typically has 3 days to pay in an auction scenario or immediate payment if using Buy Now.
   • We (or our payment provider) hold funds in escrow until at least 3 days after the Buyer receives the item, to allow for inspection.
4. Late or Non-Payment by Buyer
   • If the Buyer delays payment, you generally cannot cancel the sale unilaterally. We may intervene if payment remains outstanding.
   • If the Buyer ultimately fails to pay, we may cancel the transaction and relist the item without liability to you.

7. Shipping & Delivery

1. Shipping Responsibility
   • You are responsible for packaging, insuring, and shipping the item within 3 days of receiving payment confirmation.
   • Until the item arrives safely, risk (damage, loss, etc.) remains yours. We advise using insured shipping.
2. Pickup Option
   • If the Buyer opts to pick up the item, arrange a date within 5 working days of confirmed payment. Any undue delay could allow the Buyer to cancel.
3. No Drop Shipping
   • You must ship the item from the address listed in your account, not via drop-shippers or unknown third parties.
4. Delays & Cancellations
   • Failing to ship within a reasonable timeframe may prompt the Buyer to cancel, potentially incurring refunds or additional costs that you must cover.

8. Payout & Payment Providers

1. Payout Timing
   • Your payout occurs after the Buyer’s 3-day inspection window (starting on the item’s confirmed delivery).
   • If the Buyer lodges a claim before your payout, we may suspend the payout until the claim is resolved.
2. Provider Terms
   • We work with payment providers that set exchange rates and require certain KYC (Know Your Customer) steps. If you fail to comply with their terms, they may block or cancel transactions.
3. Suspended or Withheld Payments
   • If a dispute arises, or if you violate our Terms, we may temporarily or permanently withhold payment.
   • If the item is found to be misdescribed, counterfeit, or otherwise in breach, we may deny payout entirely.

9. When Items Don’t Sell

1. No Bids or Unsold
   • If your item fails to meet a reserve price or receive any bids, the listing ends. You can then choose to relist or remove the item.
2. Buyer Cancellation or Non-Payment
   • If a Buyer fails to pay, or cancels (with our approval), the item is considered unsold. You may be free to relist it.

10. Seller Obligations & Compliance

1. Authenticity & Accuracy
   • You warrant that all items you list are authentic and your descriptions are complete, honest, and accurate.
   • Selling counterfeit or IP-infringing objects is strictly prohibited and can lead to serious legal and financial consequences.
2. Shipping & Cooperation
   • You must deliver sold items promptly and cooperate with Buyers to resolve shipping issues. This includes addressing damage, lost packages, and other logistics problems.
3. Adherence to Laws & Regulations
   • You are solely responsible for abiding by import/export laws, customs rules, environmental regulations, or any economic sanctions that may apply.
   • You may not list items in jurisdictions where the sale or transport of such items is illegal.
4. Resale Royalty & Taxes
   • Where resale royalty laws apply (e.g., for original artworks), you agree to fulfill those obligations.
   • You are responsible for tax obligations in relation to the sale (VAT, sales tax, etc.).

11. Failure to Fulfill Obligations

1. Non-Compliance with Buyer or Platform
   • Refusal to ship, failure to comply with authenticity claims, or any breach of these Terms can result in penalties, account suspension, or legal action from the Buyer or us.
2. Liability for Damages
   • If your non-compliance causes financial or reputational harm to RefinedRare.com or the Buyer, you may owe compensation.
3. Fraud Reporting
   • Any fraudulent activity may be reported to international law enforcement. This includes attempts at money laundering or misrepresenting item authenticity.

12. Object Audits & Seller Visits

1. Quality Control
   • We may, at our discretion, virtually or physically audit items for legitimacy, provenance, and quality.
   • If we purchase your item for audit purposes, you must refund us in full. The item is then returned unless otherwise agreed.
2. Passing vs. Failing an Audit
   • Items that pass audits may be relisted.
   • Items that fail (e.g., deemed counterfeit) may be destroyed, turned over to authorities, or returned to you—depending on legal obligations.
3. Costs of Audit
   • If your item passes, you generally only refund the purchase price.
   • If your item fails, you must reimburse us for all costs, including shipping, taxes, and third-party expert fees.
4. Seller Visits
   • We may visit your premises to inspect items before listing. Any non-compliant items may not be listed, and you may be responsible for associated costs if you knowingly provided incomplete or false information.

13. Termination & Account Restrictions

1. Platform Rights
   • We can restrict or terminate your Seller Account if you repeatedly breach these Terms or if legally required.
2. Article 13 of General Terms
   • Additional enforcement measures, including claims for damages, may be found in Article 13 of our General Terms.
3. Buyer Claims
   • If you fail to deliver a sold object, a Buyer may enforce the sale, claim statutory interest, and recover collection costs directly from you.

14. Summary

• You must accurately list and describe your items, fully complying with local and international laws.
• Professional sellers bear added legal obligations and must adhere to consumer protection rules.
• You retain liability for authenticity and shipping until the Buyer confirms receipt.
• We may withhold payouts or restrict your account if you breach these terms or relevant laws.
• Audits and visits ensure item legitimacy; failing an audit can lead to significant costs or legal consequences.