General Terms & Conditions

Last updated: 16/02/2025

1. Introduction

1. Purpose of These Terms
   • These General Terms & Conditions (“Terms”) govern all use of the refinedrare.com website (the “Platform”) and the services provided by RefinedRare.Com (“we,” “us,” or “our”).
   • By accessing or using the Platform, you agree to comply with these Terms, as well as any additional policies referenced herein (Buyer Terms, Seller Terms, Privacy Policy, etc.).
2. Nature of Services
   • The Platform acts as a facilitator between sellers (“Sellers”) and buyers (“Buyers”) of various goods, such as rare and collectible items, luxury properties, and more. We do not own the items listed on the Platform.
   • Transactions that occur via the Platform are between Buyer and Seller, and we are not a party to the final contract of sale.
3. Modification of Terms
   • We may periodically update or revise these Terms. Your continued use of the Platform after changes become effective constitutes your acceptance of the updated Terms.
   • A current version of these Terms will be available on our website, indicating the “Last updated” date.

2. User Accounts

1. Registration
   • To use certain features, you must create a User Account and provide accurate, current information.
   • You are responsible for all activity on your account and must keep your login credentials confidential.
2. Eligibility
   • You must be at least 18 years old (or the age of majority in your jurisdiction) to register.
   • By creating an account, you confirm you have the legal capacity to enter binding agreements.
3. Account Types
   • Buyer Account: Enables participation in auctions or direct purchases.
   • Seller Account: Allows listing items for sale. Private or professional sellers may have distinct obligations (see Seller Terms).
4. Suspension or Termination
   • We reserve the right to suspend, terminate, or restrict any account that breaches these Terms, engages in fraud, or violates applicable laws.
   • If we terminate your account, you may lose access to certain Platform features or any content associated with your account.

3. Marketplace Conduct

1. User Responsibility
   • You agree to use the Platform in accordance with applicable laws, regulations, and these Terms.
   • You will not post or transmit content that is false, misleading, offensive, harassing, or infringes on the rights of others.
2. Role of RefinedRare.com
   • We facilitate listings, auctions, and transactions but are not responsible for the quality, legality, authenticity, or accuracy of items or listings.
   • We do not guarantee that Sellers or Buyers will complete a transaction.
3. Prohibited Activities
   • Use of the Platform for illegal or fraudulent activities, including money laundering, fake transactions, or IP infringement, is strictly prohibited.
   • You may not use any device, software, or routine to interfere with the operation of our Platform.

4. Transactions

1. Listing and Purchasing
   • All listings and purchases made via the Platform are subject to our Buyer Terms and Seller Terms, which form part of these General Terms.
   • By listing an item, the Seller represents they have full rights to sell and that the item is as described. By purchasing, the Buyer confirms their obligation to pay.
2. Contract Formation
   • A sale contract arises directly between Buyer and Seller upon the acceptance of a bid or a “Buy Now” action. We merely facilitate this process.
   • Payment methods and timelines are governed by the Buyer and Seller Terms, with potential fees (including commission or buyer protection) applied.
3. Fees and Commissions
   • We may charge fees or commissions for using certain features, including selling items or buyer protection. Fee details will be disclosed before you complete a transaction.
4. Disputes Between Users
   • We encourage Buyers and Sellers to resolve disputes directly. If a dispute escalates, you may contact us, and we may offer mediation or other assistance.
   • However, we are not liable for any dispute outcome, and users retain the right to seek legal remedies independently.

5. Payments & Payouts

1. Payment Providers
   • We may use third-party payment processors or escrow services to facilitate transactions.
   • Users must comply with any additional terms required by these payment providers.
2. Currency & Exchange Rates
   • Listings may appear in a given currency. Exchange rates and transaction fees might apply if your payment method differs from the listing currency.
   • We are not responsible for any losses or additional costs due to currency fluctuations or bank fees.
3. Withholding or Suspension
   • We reserve the right to hold, suspend, or withhold payments if we suspect fraudulent activity, non-compliance with these Terms, or an unresolved dispute.

6. Liability & Disclaimers

1. No Warranties
   • The Platform is provided “as is” and “as available,” without any warranty of any kind, express or implied. We do not guarantee uninterrupted or error-free operation of the Platform.
2. Limitation of Liability
   • To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms, the Platform, or any transaction.
   • In jurisdictions where limitation of liability is not permitted, our liability is limited to the minimum extent allowed by law.
3. Indemnification
   • You agree to indemnify, defend, and hold harmless refinedrare.com and its affiliates, officers, directors, employees, and agents from any claim or demand (including legal fees) arising out of your use of the Platform, your breach of these Terms, or your infringement of any rights of a third party.

7. Intellectual Property Rights

1. Ownership
   • All trademarks, logos, service marks, and Platform content (excluding user-generated content) are the property of refinedrare.com or its licensors.
   • You may not reproduce, distribute, or create derivative works from our materials without express permission.
2. User-Generated Content
   • Users retain ownership of the content (e.g., item photos, descriptions) they post but grant us a worldwide, non-exclusive, sub-licensable license to use that content for marketing, promotional, or operational purposes (see Seller Terms for more detail).
3. Reporting Infringement
   • If you believe any content on the Platform violates your IP rights, please contact us with a detailed notice so we can investigate and take appropriate action.

8. Privacy & Data Protection

1. Collection of Personal Data
   • We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.
2. Cookies & Tracking
   • Our site uses cookies and similar technologies to enhance user experience, analyze traffic, and support site functionality. Refer to our Cookie Policy for more details.
3. Third-Party Data Processing
   • In certain transactions, third-party payment or shipping providers may collect additional data. Their use of your data is governed by their respective privacy policies.

9. Termination & Enforcement

1. Term & Termination
   • These Terms remain in effect until either party (you or us) terminates your account or you cease using the Platform.
   • We may terminate or suspend your access for any breach of these Terms, legal obligations, or if required by law.
2. Enforcement Rights
   • If you fail to comply with these Terms or any related policy, we may, at our discretion, suspend listings, withhold payouts, remove content, or take any other measures deemed appropriate (Article 13 below).
3. Article 13: Additional Remedies
   • The measures we can take for serious or repeated violations include (but are not limited to) seeking damages, reporting fraud to authorities, or legal proceedings.

10. Governing Law & Dispute Resolution

1. Governing Law
   • These Terms, and any dispute or claim arising from them, are governed by the laws of [Jurisdiction], without regard to conflict of law principles.
2. Dispute Resolution
   • Parties agree to attempt an amicable settlement of disputes.
   • If a mutual resolution fails, the courts of [Jurisdiction] shall have exclusive jurisdiction, unless local consumer protection laws dictate otherwise.

11. Force Majeure

We are not liable for delays or failures in performance resulting from events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, Internet disruptions, or governmental actions.

12. Miscellaneous

1. Entire Agreement
   • These Terms (along with Buyer Terms, Seller Terms, Privacy Policy, and other referenced documents) constitute the entire agreement between you and refinedrare.com.
2. Severability
   • If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.
3. Waiver
   • Our failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision.
4. Assignment
   • We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
5. Electronic Communications
   • By using the Platform, you consent to receiving electronic communications from us, and you agree that any notices or disclosures we provide electronically satisfy any legal requirement.

13. Contact Us

If you have questions about these Terms or wish to report any violations, please contact us at:

• Email: info@refinedrare.com
• Phone: +33-641122928

Last updated: 16/02/2025