Legal

Privacy Policy

Last updated: November 1st, 2022.

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Please read this Privacy Policy carefully before using Our Service.

1 - Interpretation and Definitions

1.1 - Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 - Definitions

For the purposes of this Privacy Policy:

2 - Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: support@prestigier.com
By visiting this page on our website: about.prestigier.com/contact

3 - Collecting and Using Your Personal Data

3.1 - Types of Data Collected

3.1.1 - Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Bank account information
Credit card number and expiration date
Usage Data

3.1.2 - Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

3.1.3 - Information from Third-Party Social Media Services

The Company or Operator may allow You to create an account and log in to use the Service through the following Third-party Social Media Services. These Third-party Social Media Services, may include, but is not limited to:

Google
Facebook
Apple

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company or Operator through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company or Operator permission to use, share, and store it in a manner consistent with this Privacy Policy.

3.1.4 - Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company or Operator, for example, to count users who have visited those pages or opened an email and for other related application or website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Application or Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Application or Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Application or Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Application or Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Application or Website and how users use the Application or Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Application or Website. We may also use these Cookies to test new pages, features or new functionality of the Application or Website to see how our users react to them.

3.2 - Use of Your Personal Data

We use your Personal Information according to the terms of the Privacy Policy and User Agreement in effect at the time of our use. We will process your Personal Information where (1) you have provided your consent, which can be withdrawn at any time, (2) where the processing is necessary for the performance of a contract to which you are a party (for example, we will share your Personal Information with sellers with whom you have entered into a transaction), (3) where we are required by law, (4) where processing is required to protect your vital interests or those of another person, or (5) where the processing is necessary for the purposes of our legitimate commercial interests, except where such interest are overridden by your rights and interests. Common examples of processing activities we undertake (and the legal basis for these) are detailed below. Please note, this list is not exhaustive.

a) We may process the Personal Information you provide to us for the following purposes as is necessary for the performance of a contract (e.g. a transaction) to which you are party, or to answer questions or take steps at your request prior to entering into a contract:

To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
To provide information on the products or services of our registered sellers with whom you are placed in touch in connection with a prospective purchase;
To assist in completing a transaction or order;
To allow tracking of shipments;
To facilitate the preparation and processing of invoices;
To respond to your inquiries and to provide you with the information, products and services that you request from us;
To verify that you qualify as a member of the Site;
To create and manage our customer accounts;
To notify you about changes to our services and products;
To prepare and process invoices;
To provide after-sales customer relationship management; and
To contact you as necessary.

b) We may process the Personal Information you provide to us for the following purposes as is necessary for certain legitimate interests, or where you have given your informed consent to such processing if required by applicable law (such consent can be withdrawn at any time):

To record, monitor, and log calls for transaction management and quality and training purposes;
To send you communications about (1) our own products and services, (2) products and services offered by sellers or advertisers on our Site and (3) products and services of third parties (those not offered by sellers on our Site) that we think you may find of interest, provided you have given your consent;
To verify you are eligible for any promotions and/or are a member of any trade rewards program which you participate in;
To administer any trade reward program, other loyalty programs, promotion, contest, survey, or competition;
To offer our products and services in a personalized way, for example, we may provide suggestions based on previous requests to identify suitable products and services more quickly; and
To create products or services that may meet your needs.

c) We may process the Personal Information we collect (which we shall endeavour to anonymize where practicable consistent with our business needs) for the following purposes as necessary in our legitimate business interests (provided such interests are not overridden by your interests or fundamental rights):

To monitor quality control and ensure compliance with any and all applicable laws, regulations, codes and ordinances, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law;
To resolve any disputes;
To ensure the security of your account and our business, preventing or detecting fraud, malicious activity or abuses of our Site, for example, by requesting verification information in order to reset your account password;
To develop and improve our products and services, for example, by reviewing visits to our Site and its various subpages, demand for specific products and services and user comments;
To administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To enforce or apply our User Agreement and other agreements you have entered into;
To improve the Site and to customize the content you see on the Site;
As part of our efforts to keep the Site safe and secure;
To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
To do internal research on our Site visitors’ interests and behaviors to better understand and serve our members.

3.3 - Retention of Your Personal Data

The Company or Operator will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company or Operator will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

When Your Personal Data is no longer required by law or rights or obligations by Us or You, We will delete the Personal Data. In most cases, Personal Data will be deleted upon termination or expiry of the agreement between the You and the Company or Operator or upon Your written request.

3.4 - Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s or Operator's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company or Operator will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

3.5 - Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

3.6 - Disclosure of Your Personal Data

3.6.1 - Business Transactions

If the Company or Operator is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

3.6.2 - Law enforcement

Under certain circumstances, the Company or Operator may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

3.6.3 - Other legal requirements

The Company or Operator may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company or Operator
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability

3.7 - Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

4 - Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

4.1 - Analytics

We may use third-party Service providers to monitor and analyze the use of our Service. They may include, but are not limited to:

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Fathom
Fathom is a web analytics service. You can visit their Privacy Policy page here: https://www.fathomhq.com/privacy

4.2 - Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You. They may include, but are not limited to:

Mailchimp
Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.
For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/

4.3 - Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

They may include, but are not limited to:

Stripe
Their Privacy Policy can be viewed at https://stripe.com/us/privacy

4.4 - Behavioral Remarketing

The Company or Operator uses remarketing services to advertise to You after You accessed or visited our Service. We and Our third-party vendors use cookies and non-cookie technologies to help Us recognize Your Device and understand how You use our Service so that We can improve our Service to reflect Your interests and serve You advertisements that are likely to be of more interest to You.

These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies and to enable Us to:

Measure and analyze traffic and browsing activity on Our Service
Show advertisements for our products and/or services to You on third-party websites or apps
Measure and analyze the performance of Our advertising campaigns

Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:

The NAI's opt-out platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform http://www.youronlinechoices.com/
The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.

We may share information, such as hashed email addresses (if available) or other online identifiers collected on Our Service with these third-party vendors. This allows Our third-party vendors to recognize and deliver You ads across devices and browsers. To read more about the technologies used by these third-party vendors and their cross-device capabilities please refer to the Privacy Policy of each vendor listed below.

The third-party vendors We may use are, but are not limited to:

4.5 - Usage, Performance and Miscellaneous

We may use third-party Service Providers to provide better improvement of our Service. They may include, but are not limited to:

Intercom
Their Privacy Policy can be viewed at https://www.intercom.com/legal/privacy
Facebook Messenger
Their Privacy Policy can be viewed at https://www.facebook.com/privacy/policy
Fresh Works
Their Privacy Policy can be viewed at https://www.freshworks.com/privacy/
Tawk
Their Privacy Policy can be viewed at https://www.tawk.to/privacy-policy/

5 - Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

6 - GDPR Privacy

6.1 - Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company or Operator is subject.
Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company or Operator.
Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company or Operator.

In any case, the Company or Operator will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

6.2 - Your Rights under the GDPR

The Company or Operator undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

6.3 - Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

7 - CCPA, CalOPPA, and California Privacy Rights

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

7.1 - Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

Under CCPA, personal information does not include:

Publicly available information from government records
Deidentified or aggregated consumer information
Information excluded from the CCPA's scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

7.2 - Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service.
Indirectly from You. For example, from observing Your activity on our Service.
Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors to deliver targeted advertising to You, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.

7.3 - Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

To operate our Service and provide You with our Service.
To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
For internal administrative and auditing purposes.
To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

7.4 - Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

7.5 - Sale of Personal Information

As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.

Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.

We may sell and may have sold in the last twelve (12) months the following categories of personal information:

Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category D: Commercial information
Category F: Internet or other similar network activity

7.6 - Share of Personal Information

We may share Your personal information identified in the above categories with the following categories of third parties:

Service Providers
Payment processors
Our affiliates
Our business partners
Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You

7.7 - Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites that we link to may do so. These third-party websites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children's Internet usage and instruct their children to never provide information on other websites without their permission.

We do not sell the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in") from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.

If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.

7.8 - Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

7.9 - Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us.

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if We cannot:

Verify Your identity or authority to make the request
And confirm that the personal information relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

7.10 - Do Not Sell My Personal Information

You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.

7.10.1 - Website

You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

The NAI's opt-out platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform http://www.youronlinechoices.com/
The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.

7.10.2 - Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:

"Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
"Limit Ad Tracking" on iOS devices

You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.

7.11 - "Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

7.12 - Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

8 - Children's and Minor Users Privacy Rights

8.1 - General Privacy Rights for Children

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

8.2 - California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

9 - Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Terms of Service

Last updated: July 22nd, 2023.

Please read these terms of service carefully before using Our Service.

1 - Interpretation and Definitions

1.1 - Interpretation

1.2 - Definitions

For the purposes of these Terms of Service:

2 - Contact Us

If you have any questions about these Terms of Service, You can contact us:

By email: support@prestigier.com
By visiting this page on our website: about.prestigier.com/contact

3 - Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3.1 - The Role of Prestigier

3.1.1 - Prestigier's Purpose

At Prestigier, our primary role is to create and maintain a dynamic and secure online platform that facilitates interactions between Sellers, Buyers, and Users. We want to emphasize that we act solely as an intermediary and not as an agent or fiduciary for any Seller, Buyer, or User. While we take great care in ensuring the availability and smooth functioning of the Platform, we are not responsible for the actual sale of any Item, nor do we exercise control over the information provided by Sellers, Buyers, or Users, or their actions and omissions. It's important to understand that Prestigier operates independently from Sellers, Buyers, and Users, and the use of this Platform does not establish any partnership, joint venture, employee-employer, or franchiser-franchisee relationship with Prestigier.

3.1.2 - Intermediary Services

In certain situations, Prestigier may, at its discretion, offer intermediary services to assist with customer service or dispute resolution matters between the Buyer and Seller. However, please note that this is not an obligation on our part. If we choose to provide these services, any decisions made by Prestigier in this capacity shall be final and binding upon all parties involved. Such decisions cannot be appealed, challenged, or reversed unless a competent court renders a judgment.
Our commitment is to maintain a fair and transparent platform that benefits both Sellers and Buyers alike, without assuming an active role in their individual transactions.

4 - Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.

4.1 - For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

4.2 - United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

4.3 - Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

4.4 - Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

5 - User Accounts

5.1 - Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

5.2 - Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.

You may have to provide documents to comply with identity verification.

Before or during posting Goods, you may be asked to supply, without limitation, Your bank account details, and Your identity documents.

Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

5.3 - Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

5.4 - Account Password

You will be solely responsible for all access to and use of this Service by anyone using the password and identification originally selected by, or assigned to you, whether or not such access to and use of this Service is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.

5.5 - Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.

6 - Content

6.1 - Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.2 - Content Restrictions

The Company or Company or Operator is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Impersonating any person or entity including the Company or Operator and its employees or representatives.
Violating the privacy of any third person.
False information and features.

The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

6.3 - Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4 - Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act (DMCA), EU Copyright Directive, ...).

If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see 3 - Contact Us) and include in Your notice the following information related to the alleged infringement:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

7 - Orders of Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

7.1 - Relationship of the Parties

7.1.1 - Seller's Obligations

The Seller holds full responsibility for providing accurate descriptions and appropriate pricing of the Items they list for sale on our platform. Additionally, it is the Seller's duty to ensure the proper delivery of the Items to the Buyer in accordance with the mutually agreed-upon arrangements. This includes the transfer of title and the fulfillment of any necessary obligations such as the payment of sales tax, VAT, or import/export duties to the relevant authority.

7.1.2 - Buyer's Obligations

As a Buyer, you bear the sole responsibility for assessing the value, condition, and authenticity of the Items you intend to purchase. It is your duty to complete the payment of the purchase price to the Seller, which includes any applicable sales tax, VAT, or import/export duties. Moreover, arranging for the shipping of the purchased Items is also within your responsibilities.

7.1.3 - Prestigier's Limited Role

We want to reiterate that Prestigier's role, as outlined in Clause 3.1 above, is strictly limited to acting as an intermediary and facilitator on our platform. We rely on the information provided by the Sellers regarding their listed Items, and we are not accountable for the accuracy of the descriptions or pricing of the Items on the Platform. The responsibility for such information lies solely with the Seller.

Moreover, Prestigier does not take any responsibility for the delivery or transfer of legal ownership of the Items from the Seller to you, the Buyer. Any payment transactions between you and the Seller occur outside of our control, unless we explicitly agree otherwise in specific cases.

In summary, Prestigier's role is focused on providing a secure and reliable platform for facilitating transactions between Buyers and Sellers, and we are not liable for the actions or obligations that pertain to the individual Buyer-Seller relationship.

7.2 - Your Information as Buyer

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

7.3 - Availability, Errors, and Inaccuracies

7.3.1 - Item Availability

We wish to highlight that all Items displayed on our Platform are offered for sale subject to their availability. As the platform hosts unique Items from various Sellers, there may be cases where certain Items become unavailable due to their distinctive nature or because Sellers have alternative retail opportunities for those Items independent from Prestigier.

7.3.2 - Item Availability

Our Platform is designed to showcase Items as presented by the respective Sellers. It's important for Buyers to be aware that, unless explicitly stated otherwise, the Items available on the platform may not be brand new or in pristine condition. Some Items might require touch-ups or repairs before use, and the available information about certain Items may be limited. As a result, Prestigier does not verify the information provided by the Seller or their representatives regarding an Item, and we do not make any representations or warranties concerning the Seller, the Item, or the related information. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Our platform aims to offer a diverse selection of unique Items, and while we strive to ensure accuracy and reliability, the final responsibility for assessing an Item's condition and suitability for purchase lies with the Buyer. We encourage Buyers to exercise due diligence and, if necessary, seek additional information directly from the Seller before making a purchase decision.

Please keep in mind that the nature of these unique Items means that availability and condition may vary, and Prestigier does not assume responsibility for discrepancies that may arise during the buying process.

7.4 - Prices Policy

The Company or Operator and Seller reserve the right to revise their prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.

7.5 - Payments

Payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

7.6 - Service Fees

We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.

7.7 - Order Modification

You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

7.8 - Order Cancellation

7.8.1 - Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods availability
Errors in the description or prices for Goods
Errors in Your Order
Mistakes from the Seller

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected.

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received but does not constitute acceptance of your order. We reserve the right at any time after receipt of your order to accept or not accept your order for any reason and will contact you at the e-mail address provided at checkout with our decision to accept or not accept your order.

In the event that your order is not accepted or cancelled, we will have no obligation to fulfill it and you will have no obligation to pay us for the order. If payment for your order was properly processed at the time of placing your order, in the event we cancel your order, we will refund to your form of payment the amount charged for the cancelled order.

7.8.2 - Order Cancellation by Buyers

If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not refunded.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

7.8.3 - Remedies for Non-payment

Buyer's Liability: In the event that the Buyer cancels a payment made for the Total Purchase Price following receipt of the Order Confirmation or fails to make any payment related to the Total Purchase Price ("Default"), the Buyer shall remain fully liable to the Seller for the entire Total Purchase Price. Additionally, the Buyer will be responsible for covering any supplementary costs associated with the sale of the Item. These additional costs may include, but are not limited to, applicable taxes, storage and handling fees, as well as any expenses or fees incurred during the collection process for amounts due to Prestigier and/or the Seller, including legal fees and costs related to currency fluctuations.

Prestigier's Rights: While Prestigier upholds the rights and interests of both Buyers and Sellers, we also recognize the importance of maintaining a fair and stable marketplace. Therefore, without limiting any other provisions in these Terms, we reserve the right, at our discretion, to retain any and all payments previously made by the Buyer for the Item in question as liquidated damages. In such circumstances, Prestigier may also choose to cancel the sale of the Item, absolving Prestigier from any further obligations to the Buyer.

Please note that we view payment defaults seriously, and taking such measures is essential to protect the interests of both Sellers and the integrity of our platform. We encourage Buyers to fulfill their payment obligations promptly to ensure a smooth and satisfactory transaction experience.

7.9 - Order Dispute

If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The dispute will be resolved at Our sole discretion.

7.10 - The Purchase Process

7.10.1 - Making an Offer

When a Buyer identifies an Item for purchase, they have the option to make an offer ("Offer") directly through the Platform's checkout page or by contacting Prestigier through the methods listed on the Platform. By making an Offer, the Buyer agrees to submit valid payment information to Prestigier for the payment of the Total Purchase Price. The "Total Purchase Price" includes (i) the final agreed-upon price of the Item ("Purchase Price"), (ii) any applicable shipping fees, and (iii) any relevant sales tax, use tax, VAT, internet sales tax, or other taxes or levies required by applicable law at the time of sale. By making an Offer, the Buyer commits to paying the Total Purchase Price, and unless a counter-offer is made, the Seller agrees to sell the Item to the Buyer for the Total Purchase Price.

7.10.2 - Negotiable Prices

If a Seller indicates that the price of an Item is negotiable, the Buyer may present an Offer through the Platform at an alternative price of their choice or inquire via the telephone number provided on the Platform. Phone calls related to such negotiations may be recorded by Prestigier for transaction logging, training, and quality assurance purposes.

7.10.3 - Offer and Counter-Offer Process

An Offer made by a Buyer cannot be canceled or revoked unless the Total Purchase Price has not been fully confirmed by both the Buyer and the Seller (e.g., due to unknown shipping fees at the time of Offer placement, subject to any statutory rights the Buyer may have). The Seller may choose to (i) accept the Offer, (ii) decline the Offer, or (iii) propose a Counter-Offer to the Buyer. When making a Counter-Offer, the Seller agrees to sell the Item to the Buyer at the Counter-Offer price, provided the Buyer accepts it, and subject to any additional conditions specified in the Counter-Offer. Offers may have time limits set by any party involved, and all parties acknowledge that the Offer will expire at the end of the offer period. If the Buyer agrees to pay the Counter-Offer price, they can confirm acceptance either through the "My Offers" page of their Prestigier account or by confirming over the telephone.

7.10.4 - Order Confirmation

Once the Seller accepts and confirms the Buyer's Offer, or the Buyer acknowledges, accepts, and confirms the Seller's Counter-Offer, a confirmation of sale called the "Order Confirmation" will be posted to the "offer status section" page of the Buyer's Prestigier account. At this point, a binding contract between the Seller and the Buyer is established, and it becomes enforceable concerning the sale and purchase of the Item.

7.10.5 - Reserve Amount

In specific cases, the Buyer may be required to post a "Reserve Amount" to support an Offer. This Reserve Amount is authorized to Prestigier by credit card at the time of Offer placement and is credited against the Total Purchase Price due. If the Buyer and Seller cannot agree on the Total Purchase Price or other material terms of the transaction, Prestigier will credit the Reserve Amount back to the Buyer's credit card account.

7.10.6 - Deposits for Custom-Made Orders

For custom-made orders, the Buyer may be asked to pay a non-refundable "Deposit" amount upon placing an Offer. This Deposit, paid via credit card or other acceptable payment methods, will be held by the Seller and credited against the Total Purchase Price.

7.10.7 - Error Resolution

In the event of an error concerning the availability of the Item, acceptance of an Offer or Counter-Offer, or any other error on the part of the Seller or Prestigier, both the Seller and/or Prestigier reserve the right, at their sole and absolute discretion, to rescind the Order Confirmation and the purchase of the Item without any penalty to any party.

7.10.8 - Inaccuracies and Corrections

Due to the nature of the internet, occasional glitches, service interruptions, or mistakes may lead to unintended inaccuracies appearing on the Platform. Prestigier retains the right to correct any inaccuracies or mistakes and to void any purchase of an Item that displays an inaccurate price or description upon being brought to our attention.

7.11 - Offers to Purchase Outside of the Platform

7.11.1 - Prohibition on Off-Platform Offers

Both Sellers and Buyers are strictly prohibited from using Prestigier or the Platform to contact each other for the purpose of making offers to buy or sell an Item outside of the methods provided by the Platform. Furthermore, Sellers and Buyers are not allowed to utilize information obtained from the Platform to communicate with each other about buying or selling any Item available for sale on the Platform outside of the designated methods provided by the Platform.

7.11.2 - Consequences of Breach

In the event that a Buyer attempts to breach these guidelines, Prestigier may take appropriate action, which could include limiting, restricting, or suspending the Buyer's use of any features on the Platform. Additionally, the Buyer may forfeit any special account status and/or discount rates they might have. Moreover, the Buyer may be subject to fees and the recovery of expenses incurred by Prestigier in policy monitoring and enforcement.

7.12 - Payment for Purchased Items

7.12.1 - Payment upon Order Confirmation

Upon receiving the Order Confirmation, the Buyer is required to remit an amount equivalent to the full Total Purchase Price (100%). If the Buyer had previously posted a Reserve Amount or a Deposit for the Item with Prestigier, the Reserve Amount or Deposit shall be credited towards the Total Purchase Price, and the Buyer will need to remit the remaining balance.

7.12.2 - Authorization for Payment

By the Order Confirmation, the Buyer authorizes Prestigier to charge the Buyer's credit card or other designated payment methods for an amount equal to the Total Purchase Price.

7.13 - Shipping

7.13.1 - Buyer-Arranged Shipping

The Buyer has the freedom to arrange their own shipping and may choose any shipping company they prefer. The Buyer's selected crating, shipping, and insurance companies act as the Buyer's agents, and the Buyer will bear all relevant costs, paying them directly to the agents. Alternatively, the Buyer can opt to have Prestigier arrange shipping on their behalf, subject to any pre-advertised shipping prices.

7.13.2 - Seller-Arranged Shipping

If the Buyer chooses, the Seller can handle crating, packaging, shipping, and freight insurance. The Seller will provide shipping information, including the freight carrier's name, the complete cost of shipment from the Seller to the Buyer's designated receiving address, any duty or other charges payable by the Buyer, the cost of freight insurance, the insurance provider's name, and any costs or fees for crating or packaging the Items for shipment. Both the Buyer and Seller must mutually agree on shipment terms, and the Buyer shall prepay all shipping costs.

7.13.3 - Free Shipping

Some Items may be eligible for free shipping, as indicated in the Item description. Any offers of free shipping may be subject to limitations and exceptions noted at the time of the offer. In cases where free shipping is available, all other terms of this User Agreement and Conditions of Sale remain applicable. Prestigier reserves the right to cancel or modify any offer for free shipping at any time without prior notice.

7.13.4 - Shipping Error Correction

If an error occurs in calculating shipping, Prestigier reserves the right to correct or cancel the transaction as necessary.

7.14 - Import/Export Restrictions.

7.14.1 - Permits and Preemption Rights

Certain Items available for sale on the Platform may require cultural, customs, and regulated species permits for export from the country where they are located and/or import into the Buyer's country. Additionally, Items may be subject to preemption rights, granting the country from which they are exported the option to purchase the Items from the Buyer. Neither the Seller nor Prestigier guarantees the availability or issuance of valid export or import permits, nor do they make any representations or warranties regarding the necessity for such permits or the existence and exercise of preemption rights by governmental or regulatory authorities.

7.14.2 - Rescission Right

If an Item's listing on the Platform states that it requires a special permit, or if such a requirement is disclosed after the Order Confirmation but before the shipper picks up the Item, or if the Buyer learns about the need for an export permit after the Item has been picked up by the shipper, and the Seller is unable to obtain the export permit within thirty (30) days after confirmation of the sale or disclosure of the requirement, the Buyer may rescind the sale by providing written notice to Prestigier and the Seller within seven (7) business days after the applicable thirty (30) day period expires. However, the Buyer's right to rescind a sale is limited to within ninety (90) days after the date of the sale.

7.14.3 - Rescission Procedure

If the sale is rescinded, the Buyer shall return the Item to the Seller at the Buyer's cost unless otherwise agreed. Upon the return of the Item, Prestigier and/or the Seller shall refund the Total Purchase Price. This limited right of rescission is non-transferable and solely belongs to the Buyer of record.

7.15 - Transfer of Title/Risk of Loss.

7.15.1 - Seller's Representations

The Seller of each Item offered for sale on the Platform represents and warrants that they are the sole owner of the Item or are duly authorized by the owner to sell it. The Seller also assures that they will convey good and marketable title of the Item to the Buyer following payment of the Total Purchase Price, free from any ownership claims by third parties.

7.15.2 - Title Conveyance

If the Seller requested that Prestigier collect and remit the Total Purchase Price, the Seller will convey good and marketable title to the Item upon the Buyer's receipt of the Order Confirmation and Prestigier's receipt of the Total Purchase Price.

7.15.3 - Risk of Loss and Title - Buyer-Arranged Shipping

In cases where the Buyer arranges the shipping, the risk of loss and title for the Item passes to the Buyer upon the Seller's delivery of the Item to the carrier selected by the Buyer for shipment or when the Buyer physically picks up the Item from the Seller.

7.15.4 - Risk of Loss and Title - Seller-Arranged Shipping:

If the Seller arranges shipping, the risk of loss and title for the Item passes to the Buyer upon the Buyer's receipt of the Item.

8 - Disclaimer of Warranties and Limitation of Liability

8.1 - Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company or Operator and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD (or its equivalent in the Service local currency) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

8.2 - "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor Operator nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8.3 - Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator.

The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

8.4 - Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

9 - Disputes Resolution about the Service

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator.

10 - Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator.

Prestigier ® is a registered trademark of Prestigier, inc (“PR”) as well as all the other related trademarks and certain other PR trademarks, service marks, graphics, and logos (collectively, the “PR Trademarks”) used in connection with the Service. This Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the PR Trademarks or the trademarks of any third party.

10.1.1 - Ownership of Trademarks and Copyrights

Between Users and Prestigier (or other companies whose marks appear on the Platform), Prestigier (or the respective company) holds the ownership and/or authorized usage rights of any trademarks, registered trademarks, and/or service marks displayed on the Platform. Additionally, Prestigier is the copyright owner or licensee of the Content and/or information provided on the Platform, unless otherwise indicated.

10.1.2 - Limited Usage License

Your use of the Platform does not grant you a license to access or utilize any Content, features, or materials on the Platform, unless expressly allowed herein or approved by us. Modifying, renting, leasing, loaning, selling, distributing, or creating derivative works of the Content, features, or materials, in whole or in part, is strictly prohibited. Commercial use of the Platform is also strictly prohibited, except as explicitly permitted herein or approved by us. Downloading or saving a copy of any Content or screens from the Platform for any purpose other than as permitted by Prestigier is not allowed. Unauthorized use of the Platform's content may result in violations of copyright and other intellectual property laws, leading to potential liability.

10.1.3 - Protection of Information

The information displayed on the Platform, including Platform design, text, graphics, interfaces, and arrangements, is protected by copyright law and other relevant laws.

10.1.4 - Trademarks and Service Marks

Names, logos, designs, titles, graphics, words, or phrases used on the Platform may be protected under law as the trademarks, service marks, or trade names of Prestigier.com, Inc. or other entities. Some of these trademarks, service marks, and trade names may be registered in the United States and internationally.

10.1.5 - Restricted Usage

You are not permitted to display or use Prestigier's trademarks, service marks, trade names, other copyrightable material, or any other intellectual property in any manner without our prior written permission.

10.1.6 - Image Ownership

All images created, produced, or modified by Prestigier are the exclusive property of Prestigier. We reserve the right to use these images for promoting the Platform or any other purpose without restriction, at any time.

The intellectual property on the Platform is safeguarded by law, and any unauthorized use may result in legal consequences. Please refrain from using any intellectual property displayed on the Platform without proper authorization from Prestigier.

11 - Your feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

12 - Changes to these Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application or Website and the Service.

Marketplace Tax Collection

Last updated: November 1st, 2022.

A Marketplace Facilitator is defined as a marketplace that contracts with third party sellers to promote their sale of physical property, digital goods, and services through the marketplace. As a result, Prestigier is deemed to be a marketplace facilitator for third party sales facilitated through Prestigier's global marketplaces. Therefore, Prestigier has responsibility in some states for collection of sales tax on sales facilitated on its platform. Sellers who sell directly outside of the platform or who sell into states where Prestigier does not have an obligation to collect sales tax may still be liable for the tax on those sales.

Marketplace Facilitator legislation is a set of laws that shifts the sales tax collection and remittance obligations from a third party seller to the marketplace facilitator. As the marketplace facilitator, Prestigier will now be responsible for calculating, collecting, remitting, and refunding state sales tax on sales made by third party sellers for transactions destined to states where Marketplace Facilitator and/or Marketplace Collection legislation is enacted. In certain states, local taxes are not included in the Marketplace Facilitator legislation; Prestigier is not responsible for those taxes.

The Prestigier Marketplace Tax Collection Policy is incorporated into and forms part of the Prestigier Terms of Service. You agree that the term “Seller” is given the same meaning as in the Terms of Service.

Each Seller shall remain liable for sales tax on its sales in the jurisdictions where Prestigier does not collect sales tax and agrees to comply with all required sales tax rules in all relevant jurisdictions. Each Seller shall reimburse Prestigier for any damages resulting from his, her or its failure to collect and remit sales tax in any jurisdiction where such Seller is required to do so by law.

Security

Last updated: November 1st, 2022.

Prestigier is committed to protecting your personal information and securing our computer systems. We consider the confidentiality of your personal information to be important and we use industry-standard security measures to safeguard your data from manipulation, destruction, or access by unauthorized persons and to prevent unauthorized disclosure.

Keeping your data safe and secure is our top priority. We take threats very seriously and work hard to protect our customers and their data. Security of the code, product, and human resources is also a priority. We developed the Prestigier platform to be compliant with industry data protection standards such as PCI DSS and GDPR.

Please review our TrustShare to learn more about our trust and compliance program

Please contact us with more specific questions about security

1 - Fraud awareness

Please be aware that cybercrime is on the increase specifically affecting email accounts and bank account details. Prestigier will not change its bank transfer information, or request your credit card or bank account number via email or text message. Any advice of amended bank details that appear to come from Prestigier by email or text should be ignored. There is also an increase in the number of scammers fraudulently claiming to be Prestigier employees and agents and asking for payment, such as for valuation and “security deposit” for sale proceeds.

If you receive an email or other communication purporting to be from Prestigier or any of our personnel and you have doubts or concerns about the origin of the communication, before taking any action please contact us immediately to confirm its legitimacy. If you have any questions about how to make payment for purchases you have made from us, please get in touch with your Prestigier relationship manager. Prestigier will not be liable if you transfer money to an incorrect or fraudulent bank account.