Terms of service

OVERVIEW
Welcome to VestiaireFMR! The terms "we", "us" and "our" refer to VestiaireFMR. VestiaireFMR operates this store and website, including all associated information, content, features, tools, products and services, in order to provide you, as a customer, with a personalised shopping experience (the "Services"). VestiaireFMR uses the Shopify platform, which enables us to offer you the Services.
The general terms and conditions below, along with the policies referenced therein (the "Terms of Service" or "ToS"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not accept these Terms of Service or the Privacy Policy, you must not use or access our Services.

ARTICLE 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of legal majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase or manage.
To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and delivery details. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to share such information.
You are solely responsible for the security of your account credentials and any activity associated with your account. You are not permitted to transfer, sell, assign or sublicense your account to another person.

ARTICLE 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. Please note, however, that the colours or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you have purchased will meet your expectations or be identical to what is presented or rendered in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic area or jurisdiction, on a case-by-case basis.

ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. VestiaireFMR reserves the right to accept or refuse your order for any reason, at its discretion. Your order is only considered accepted upon written confirmation from VestiaireFMR. We must receive and process your payment before your order is validated. Please review your order carefully before submitting it, as VestiaireFMR may not be able to accommodate cancellation requests once an order has been confirmed. In the event of refusal, modification or cancellation of your order, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of ordering.
Your purchases are subject to the return or exchange conditions set out in our Refund Policy here.
You represent and warrant that your purchases are intended for personal or domestic use, and not for commercial resale or export.

ARTICLE 4 – PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties or import charges.
Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect prices and are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that: (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorised to use that card for the purchase; (iii) charges incurred will be honoured by your card-issuing company; and (iv) you will pay the charges incurred at the displayed prices, including shipping and handling fees, as well as all applicable taxes.

ARTICLE 5 – SHIPPING AND DELIVERY
We cannot be held liable for delivery or shipping delays. All delivery timeframes provided are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities or any event beyond our control. Once products have been handed over to the carrier, ownership and risk of loss are transferred to you.

ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, brands, texts, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of VestiaireFMR, its subsidiaries or its licensors. They are protected by domestic and foreign patent, copyright and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You are not authorised to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Unless expressly stated otherwise in these Terms, nothing shall be construed as granting you a licence or any other right under any patent, trademark, copyright or other intellectual property of VestiaireFMR, Shopify or any third party. Any unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by VestiaireFMR.
VestiaireFMR's names, logos, product and service names, designs and slogans are trademarks of VestiaireFMR, its subsidiaries or its licensors. You may not use them without the prior written authorisation of VestiaireFMR. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS
You may have access to third-party client tools through the Services, tools which we do not monitor and over which we have no control or ability to contribute.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

ARTICLE 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We disclaim all liability for any harm or damages related to your access to third-party websites, or to the purchase or use of products, services, resources or content on those websites. We encourage you to carefully review the policies and practices of any third parties and to make sure you understand them before engaging in any transaction. Any claims, complaints, concerns or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or altered.]
VestiaireFMR is powered by Shopify, which enables us to offer you the Services. However, any sale or purchase made in our Store is made directly with VestiaireFMR. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and VestiaireFMR, including any damage, harm or loss resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or related to your purchase and transaction with VestiaireFMR.

ARTICLE 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transferred to and shared with Shopify, as well as with third parties who may be located in countries different from your country of residence, in order to provide you with the services. Please consult our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal information.

ARTICLE 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive licence to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes. We may, for example, exercise our rights under this licence to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms.
We are under no obligation to: (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit or remove any Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or which violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive or obscene content, nor any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We accept no responsibility and assume no liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies or omissions, including with respect to product descriptions, pricing, promotions, offers, shipping fees, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders where any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

ARTICLE 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a manner that infringes the intellectual property rights of VestiaireFMR, Shopify or any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, use or re-use any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "spam", "chain letters", "junk mail" or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm VestiaireFMR, Shopify or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the operation or functioning of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scrapers, data harvesting or extraction tools, automated devices, AI tools (including agentic AI) or any automated or manual means to access the Services; (f) interfere with, bypass or circumvent security or authorisation features, robot exclusion headers or any other measures we put in place to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, authorise, enable or cause the deployment of an Agent to access, use or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of or at the direction of a person or entity, which may run on a device owned or used by a person without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that Agent to refrain from accessing, using or interacting with any service.
14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent's name by including the following in the user agent string: "Agent/[agent name]"; (ii) not conceal or disguise the fact that access, use or interactions originate from an Agent, including by (a) mimicking human behaviour or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond honestly to any question or prompt aimed at determining whether interactions originate from a human or a computer; (iv) not circumvent or avoid any measure designed to block, limit, modify or control Agents' access to, use of or interactions with the Services.

ARTICLE 15 – TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following articles shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies that it should survive termination.

ARTICLE 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or by anyone who may be informed of its contents.
Except as expressly stated by the merchant, the Services and all products provided through them are provided "as is" and "as available" for your use, without any warranty, representation or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow or limit implied warranties, so the above disclaimer may not apply to you.

ARTICLE 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall VestiaireFMR, our partners, officers, directors, employees, affiliates, agents, contractors, service providers or licensors, nor those of Shopify and its affiliates, be liable for any damage, loss, claim or any direct, indirect, incidental, exemplary, special or consequential damages of any kind, including without limitation loss of profits, revenue, savings or data, replacement costs or any similar harm, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products obtained through the Services, or for any other claim related in any way to your use of the Services or any products, including without limitation any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted or otherwise made available via the Services, even if advised of their possibility.

ARTICLE 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless VestiaireFMR, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, made by any third party arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim covered by this indemnity, provided that failure to notify you promptly shall not relieve you of your obligations unless you suffer material prejudice as a result. We may assume the defence and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you shall not unreasonably withhold). You will cooperate in the defence of claims covered by this indemnity, including by providing relevant documents.

ARTICLE 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 20 – WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or rules of operation published by us on this site or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 21 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted unauthorised assignment shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

ARTICLE 22 – GOVERNING LAW
These Terms of Service, as well as any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with the federal laws and the laws of the state or territory of the courts of competent jurisdiction in the jurisdiction where VestiaireFMR has its registered office in Geneva, Switzerland. You and VestiaireFMR expressly consent to the territorial and personal jurisdiction of those courts.

ARTICLE 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

ARTICLE 25 – CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us at: contact@vestiairefmr.ch

Our contact details are as follows:

Vestiaire FMR
Frédéric Roche
contact@vestiairefmr.ch