Quality checked pre-owned luxury goods. Ask, shop, sell.

Counterfeit policy


 
1 GENERAL INFORMATION
 
Customers trust that they can always buy with confidence on www.trendyfair.com that is why the Products offered for sale on www.trendyfair.com must be authentic.  The sale of counterfeit Products, including any Products that have been illegally replicated, reproduced or manufactured, is strictly prohibited.
It is each Seller’s responsibility to offer and sell only authentic Products. If you sell counterfeit Products, we may immediately suspend or terminate your right of selling Products through the Site and destroy the counterfeit Products without reimbursement. In addition, if we determine that a Seller account has been used to engage in fraud or other illegal activity, remittances and payments may be withheld or forfeited. The sale of counterfeit Products can also lead to legal action by rights holders and civil and criminal penalties.
We are constantly innovating on behalf of our Clients and working with manufacturers, content owners, vendors, and Sellers to improve the ways we detect and prevent counterfeit Products from reaching our marketplace.  This is why we stand behind the products sold on our Site with our quality check that confirms that the Products are in accordance with the Product Description provided on the Website.  We also encourage anyone who has a Product authenticity concern to notify us and we will investigate it immediately and take all the appropriate actions.
 
2  LEGAL PROVISIONS 
 
2.1 Counterfeit Products
 
Counterfeiting is an illegal activity of production and marketing of goods which imitate an original, protected by trademark, a design (appearance) or patent, with intent to deceive the Buyer by accepting this as the original product.
According to the Romanian Law regarding the Code of Consumers (art. 9 Law no. 296/2004 as amended), it is prohibited the import, manufacture, distribution and marketing of forged, counterfeit or dangerous products or that might have unconformable security settings that may affect life, health or safety of the consumers.
According to the Romanian Law on trademarks and geographical indications, the following acts are sanctioned with imprisonment from three (3) months to two (2) years or fines, if performed unrightfully:
  1. counterfeiting a trademark;
  2. trading a product having a trademark that is identical or similar to a registered trademark for identical or similar products;
  3. trading products that have geographical indications that indicate that a product originates from a certain geographical region other than its actual origin.
2.2 General Provisions regarding counterfeit Products and copyright protection 
 
The use of this Site implies an acceptance by all Users of the obligation not to prejudice in any way any copyright of third parties, as provided by Law no. 8/1996 on copyright and related rights, as amended in 2014, and not offer for sale any counterfeit Products.
The use of this Site assumes that all Users of the Site expressly declare that the Products offered for sale without any prejudice in any way the copyright of third parties and the site and trendyfair.com has no responsibility for the infringement in any way of the above mentioned rights by the site's Users.
If the Seller offers an item for sale, trendyfair.com understands that the Seller is authorized to sell it.  So, ultimately the Seller is responsible to make sure that he/she has all the necessary credentials in order to prove at any time that the Product offered for sale complies with the previously mentioned conditions.
 
3  Sellers’ obligations regarding the Products offered for sale
 
Users agree to sell only Products of which they are the sole owners or, in the case of second hand goods dealers/shops, on behalf of persons who are the sole owners of the Products.  Users must ensure that they are not infringing any applicable laws and regulations or third-party rights in any way whatsoever by submitting Product Information to trendyfair.com or offering a Product for sale via the Site.  Users guarantee (i) that the origin, condition and specification of the Products they offer on the Site are as described in the Product Information; and (ii) that the Products offered for sale are not counterfeit.
Upon the first request from trendyfair.com, Users must provide trendyfair.com with all such documents as may prove their ownership and/or the origin of the Products they offer for sale.  Therefore, the Sellers are requested to sign on their own responsibility the “Affidavit Form” made available by trendyfair.com and declare on their own liability that the traded Product is authentic and it is their legal property.  By signing the above mentioned document they fully declare that, under no circumstance, do they violate a certain right of a third party, by merchandising the Product on trendyfair.com.
Trendyfair.com reserves the right to remove a User’s Profile Information and/or Product Information if for any Products a User has not provided valid proof of their ownership and/or the origin of the Products offered to trendyfair.com.  Users shall have no right to claim compensation for any information removed by trendyfair.com for the above mentioned reasons.
Users shall be held solely liable if they offer for sale via the Site any Product that infringes or otherwise breaches applicable laws or regulations or third-party rights.  If the display of any such Products on the Site comes to the knowledge of trendyfair.com, trendyfair.com shall remove the relevant Product Information and/or User’s Profile Information, without the User having the right to claim any compensation on this basis.
 
4 Displaying counterfeit or banned Products on the Site
 
Trendyfair.com examines the Products before dispatching them, and uses its best efforts to combat counterfeiting or the sale of banned Products.  If, however, a Buyer receives a counterfeit Product or a Product that has been banned from sale, a Buyer may return the Product to trendyfair.com and receive a refund.
All Sellers guarantee that the Products they sell are not counterfeit or banned from sale.
Should any counterfeit or banned Product be discovered, it shall immediately be withdrawn and the Sellers’ account suspended for a period of six (6) months.  Should any counterfeit or banned Product be discovered once more regarding the same Seller, said Seller shall not be entitled to re-register for a period of five (5) years.
In addition, if a counterfeit or banned Product is listed on the Site, the Seller of such Product shall assume the risk of such Product being seized by the competent authorities or by the proprietor of the trade mark in question, which reserves the right to retain or destroy it.  The Seller shall then be personally responsible for recovering the Product at its own risk and cost.
If a counterfeit or banned Product is offered for sale or seized by the competent authorities or the relevant brand/rights holder after being sold, the Transaction shall be cancelled.  In this case, Sellers shall refund to trendyfair.com any amounts the Sellers may have received in connection with the sale of such Products and shall compensate us for any costs incurred by trendyfair.com and/or the Buyer arising out of the Seller’s activity.
In the event of doubt as to the authenticity of a Product, trendyfair.com reserves the right to request from the Seller any documentation proving the authenticity of said Product and to suspend the account of the Seller pending receipt of such documents.