General terms of buyback and sale

These general terms (hereinafter the “Terms”) govern, on the one hand, the buyback by Ecrila SAS (hereinafter “Ecrila”) of pre-owned luxury pieces from private individuals of legal age (hereinafter the “Seller”) and, on the other hand, the sale by Ecrila of pieces arising from its buyback activity to any purchaser (hereinafter the “Buyer”).

Any estimate request, any shipment of a piece or any order constitutes full and unreserved acceptance of the Terms in force on the date of the transaction. Ecrila reserves the right to amend them at any time; the applicable Terms are those accepted at the time each transaction is concluded.

Ecrila acts as a professional buyer-reseller. It conducts its activity in accordance with the regulations applicable to second-hand movable goods and maintains the statutory register of acquired items.

The buyback unfolds in four successive stages, with no commitment on the Seller’s part until express acceptance of the firm offer:

1. EstimateThe Seller provides online the originating maison, the model, the condition and the accessories of their piece. Ecrila communicates an indicative estimate range, established with regard to recent sales observed on the European market. This estimate does not constitute a firm offer.
2. ShipmentEcrila sends the Seller a prepaid and insured shipping label. The Seller packs their piece with care and entrusts it to the designated carrier. The cost and insurance of outbound transport are borne by Ecrila up to the estimated value.
3. AuthenticationOn receipt, Ecrila’s experts carry out a thorough examination: materials, finishes, stitching, engravings, serial numbers and mechanisms. Each verification is recorded in a report.
4. Firm offerFollowing authentication, Ecrila sends the Seller a firm, costed offer. The Seller has a period of seven (7) days to accept or decline it. Silence maintained beyond this period constitutes a waiver, and the piece is returned to the Seller.

The initial estimate is expressed as a range and remains indicative. Only the firm offer, issued after physical authentication of the piece, binds Ecrila.

Where the actual condition of the piece matches the information declared by the Seller, the amount of the firm offer falls within the estimate range communicated. Any difference in condition, authenticity or accessories observed during the appraisal may lead to an adjustment, duly substantiated and detailed.

The firm offer is understood to be net of all charges for the Seller. No commission, nor any estimate, shipping, appraisal or return fee is charged to the private Seller. Amounts are denominated in euros (EUR).

Authentication is carried out by Ecrila’s experts according to a documented methodology. It aims to guarantee the origin, authenticity and condition of each piece placed into circulation.

Where the appraisal reveals a discrepancy from the Seller’s declaration — lower condition, missing accessory, undisclosed restoration — Ecrila may substitute a substantiated counter-offer for the initial estimate. The Seller is informed in writing, with supporting evidence.

The Seller remains free to accept the counter-offer, to decline it or to request the return of their piece. In the event of a refusal, the piece is returned free of charge and insured, within a reasonable period not exceeding fifteen (15) days.

Transfer of ownership of the piece to Ecrila takes place upon the express acceptance of the firm offer by the Seller, evidenced electronically or in writing.

Until such acceptance, the Seller remains the owner of their piece, which is held by the Ecrila under secure and insured conditions. The piece may neither be assigned nor offered for resale before the transfer of ownership has taken effect.

By accepting the offer, the Seller warrants that they are the lawful owner of the piece, that they have the right to freely dispose of it and that it is free of any pledge, security interest or third-party claim.

Payment to the Seller is initiated within a maximum period of forty-eight (48) business hours from acceptance of the firm offer and the provision of the information required for payment.

The Seller chooses the method of payment that suits them:

• SEPA transferPayment to the European bank account indicated by the Seller, free of charge.
• PayPalPayment to the Seller’s PayPal account, with no fees charged by Ecrila.
• Store credit +10 %The Seller may opt for credit usable in Ecrila’s store, increased by ten per cent (10 %) over the amount of the firm offer. The credit is valid for twelve (12) months.

The payment period runs from Ecrila’s receipt of all the details and supporting documents required under anti-money-laundering obligations. Any delay attributable to a failure or error in the details provided shall not engage the liability of Ecrila.

The sale of a piece by a private individual to Ecrila, in the context of the buyback, does not fall under the right of withdrawal provided for distance contracts, that mechanism being established for the benefit of the purchasing consumer and not the seller. The Seller nonetheless retains, until acceptance of the firm offer, full freedom to withdraw from the sale and to obtain the free return of their piece.

With regard to sales in the store, the consumer Buyer has a period of fourteen (14) days from receipt of the piece to exercise their right of withdrawal, without having to give a reason. The piece must be returned in its original condition, complete and accompanied by its accessories and certificates. The return procedures are set out in article 9.

Where the appraisal reveals that a piece is manifestly counterfeit, Ecrila reserves the right not to return it and, where applicable, to inform the competent authorities, in accordance with the regulations applicable to the placing of counterfeit products into circulation.

Any piece reported as stolen, or subject to an objection, is immediately impounded. Ecrila cooperates with the authorities and may be required to disclose to them the relevant information as well as the identity of the depositor.

The Seller indemnifies Ecrila against any claim relating to the origin or ownership of the piece and holds it harmless from any harmful consequences resulting from an inaccurate declaration. The handing over of a counterfeit piece or one of unlawful origin engages the sole liability of the Seller.

The pieces offered for sale in Ecrila’s store are pre-owned goods, authenticated and described precisely: condition, dimensions, accessories supplied and any particular features. As each piece is unique, the imagery faithfully reflects the item placed on sale.

The order is firm upon validation of payment. Prices are stated in euros, inclusive of all taxes. The piece is shipped insured and accompanied by its certificate of authenticity. Ownership is transferred to the Buyer upon full payment of the price.

The consumer Buyer benefits from the fourteen (14) day right of withdrawal referred to in article 7, as well as the statutory guarantees of conformity and against latent defects. The return of a piece is made in its original condition; the refund is issued within fourteen (14) days after receipt and verification.

Each piece sold by Ecrila is guaranteed authentic. This guarantee rests on the examination conducted by Ecrila’s experts and is evidenced by a certificate of authenticity given to the Buyer.

Should the inauthenticity of a piece be established by an independent and adversarial appraisal, the Buyer would be entitled to obtain a full refund of the price paid, against return of the piece and the certificate, without any time limit.

Ecrila is bound by a best-efforts obligation in conducting the estimate, authentication and processing of transactions. Its liability shall not be engaged in the event of force majeure or of any act attributable to the Seller, the Buyer or a third party, in particular the carrier in respect of the return transport chosen by the Seller.

For the duration of holding by Ecrila, each piece is covered up to its estimated value. In the event of loss or deterioration attributable to Ecrila, compensation is capped at that value.

Ecrila’s liability is limited to direct and foreseeable damages; indirect or intangible losses are excluded. No provision herein shall exclude the liability of Ecrila in the event of gross negligence or wilful misconduct.

The personal data provided is processed by Ecrila, as data controller, for the purposes of managing buyback and sale transactions, complying with its legal obligations — in particular regarding anti-money-laundering — and the customer relationship. It is retained for the period necessary for these purposes and for the applicable retention obligations.

In accordance with the General Data Protection Regulation, everyone has a right of access, rectification, erasure, restriction, objection and portability, exercisable at the address indicated in article 13. Full details are set out in Ecrila’s privacy policy.

In the event of a dispute, the Seller or the Buyer is invited to submit a written complaint to the Ecrila’s customer service, at the address [postal address] or by email to [email address], in order to seek an amicable solution.

Failing resolution, the consumer may refer the matter free of charge to the consumer mediator to whom Ecrila is affiliated: [mediator name], [mediator contact details]. They may also refer the matter to the European online dispute resolution platform available to consumers within the Union.

These Terms are governed by French law. The more protective mandatory provisions of the consumer’s country of habitual residence within the European Union nonetheless remain applicable.

Failing an amicable settlement, any dispute shall be brought before the competent courts under the conditions provided by law. The consumer retains the option to bring proceedings, at their choice, before the court of their place of domicile.