Geographic Specific Provisions

If you reside in one of the following jurisdictions, the additional terms set out below apply to your use of the Services and override and inconsistent terms elsewhere in the Terms.

California

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

All countries outside of the United States

The class action waiver language in Section 20 is deleted in its entirety.
Section 21 (Copyright Complaint Policy) is deleted in its entirety.

European Union and the United Kingdom

The following country specific terms apply to all European countries and the United Kingdom, in addition to any other country-specific terms which are set out underneath the specific country below. To the extent there are any conflicts between these European and U.K. specific terms and the specific country terms, the country specific revisions will apply.

The following sentence is added after the second sentence of Section "Additional Terms and Modifications": "Unless required by law to amend the Terms with immediate effect, Grailed will, where applicable, provide you with at least fifteen (15) days' notice of any changes which affect them."
The following sentence is added after the second sentence of Section "Termination": "Unless otherwise permitted by applicable law, Grailedwill provide you with thirty (30) days' notice of termination of the whole of the Services."
The following sentence is added to the "Product Listing Disclaimers" subsection of the "Buyer Specific Terms" section: "Prices exclude delivery cost which will be added to the amount due as you select a Product."
The following is added to the "Returns/ Grailed Purchase Protection" subsection of the "Buyer Specific Terms" section: "However, if you are an E.U. or a U.K. resident, and the Seller will not refund your purchase, you have the right to seek a refund from Grailed regardless of the means of payment for the Product within fourteen (14) days and without giving any reason. The withdrawal period is fourteen (14) days from the day on which you have taken possession of the Product. To exercise your right of withdrawal, you must send us by means of a clear declaration (e.g., a letter sent by mail or e-mail) about your decision to revoke the contract. In no case will you be charged any fees because of this refund. Notwithstanding, we can refuse the payment until you provide proof that you have returned the Product to the applicable Seller. The deadline is met if you ship the Product back before the expiry period of fourteen (14) days. You will bear the costs of returning the Product. Please retain your proof of posting and tracking information, until your refund has processed."

France

The following description is added to Section 1 "What is Grailed": "Grailed provides a service of auction brokerage by electronic means within the meaning of Article L.321-3 paragraph 2 of the French Commercial Code, which allows the Buyers and the Sellers registered on the platform to discuss the price of the Products. Buyer and Sellers have to create an account to purchase or sell Products through the Services. The Services allow Buyers and Sellers to post "Offers" and to make bids on the price of a Product."
The following language is deleted from Section "Accounts and Account Security": "If you permit others to use your account credentials, you are responsible for the activities of such users."
The word "perpetual" in the "License to User Content" Section is deleted and replaced with "for the duration of intellectual property rights."
The following language is added to the bottom of "Taxes" Section: "For more information regarding Sellers' obligations under French law, please see https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000041472168/."
The following language is added at the beginning of the "Warranty; Disclaimer; Release" Section: "Provisions applicable to business users only."
"Individual User Indemnity" Section is replaced as follows: "If you are entering into these Terms as an individual (non-business) user, to the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Grailed Parties from and against any Claims arising out of fault or breach of the Terms in accordance with the general liability rules of the French Civil Code."

United Kingdom

The "Release" Section under "Warranty; Disclaimer; Release" is deleted in its entirety and replaced as follows: "You must deal with the relevant user directly and we shall not be a party to such dispute."

Italy

The Section "License to User Content" is replaced as follows: "You grant Grailed for the entire duration of the maximum protection granted under Italian law, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username or likeness provided with your User Content in all media formats and channels without compensation to you and to perform automated scanning of the User Content to improve targeted searching and advertising. You understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content."
The following language is added as a new section into the "Warranty; Disclaimers; Release" Section: "As a consumer you have the following additional rights: Legal Warranty: pursuant to Article 128 et seq. of the Consumer Code, you have legal warranty rights in relation to the non-conformity of the Products you purchase from a Seller through the Services. The legal warranty operates automatically and free of charge against the Seller in case of non-conformity of Products purchased with respect to the Product Listing. In the event the Seller refuses to address the non-conformity with the Buyer, Grailed assumes all the responsibilities proper to the Seller in relation to the legal warranty acting therefore towards the Buyer as if it were the Seller. You may request Grailed a reduction in the price paid or termination of the contract (resulting in a refund of the price paid) if the replacement of the Product is impossible or overly burdensome. Notwithstanding the foregoing, considering the peculiarities of the Services, Grailed will not, under any circumstances, be able to repair the Product and moreover, repairing or replacing the Product could often be impossible or excessively expensive for Grailed; therefore, the Buyer is aware that, after the reporting of the conformity defect, Grailed could directly offer the Buyer a reduction of the price paid or the termination of the contract (with the consequent reimbursement of the price paid). Grailed by replacing the Seller, shall be liable to you after the applicable Seller fails to address the non-conformity, if the lack of conformity becomes apparent within two (2) years from the date of delivery of the Product."

Germany

The following "Seller Warranty" section is added as a new section to the "Seller Specific Terms" Section: "Seller shall be liable for material defects of title of delivered Products in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two (2) years and begins with the delivery of the Products."
The "Limitation of Liability" Section is replaced as follows: "Grailedshall be liable for damages exclusively according to this Section. Our liability is unlimited for damages arising out of death, injury to body or health based on a breach conducted by a legal representative or designated agent of us, as well as for damages that arose from the lack of a guaranteed characteristic or in case of fraudulent intent. Our liability is unlimited for damages caused by us, a legal representative or designated agent by intent or gross negligence. In case of a slight negligent breach of a contractual core duty we shall only be liable to the amount of the typically foreseeable damage. Contractual core duties abstractly are such duties whose accomplishment enables proper fulfillment of the contract in the first place and whose fulfillment a contractual party regularly may rely on. Liability pursuant to the German Product Liability Act remains unaffected. The limitation period for claims for damages shall be one (1) year, except in cases where the statutory statute of limitations shall apply."

South Korea

If you reside in South Korea the Terms are modified as follows:

The following is added to "License to User Content" Section: "For the avoidance of doubt, Grailed may only user your User Content for operating, promoting, and improving the Services. Nothing in this Section shall be construed to grant a license to Grailed beyond the scope permitted by applicable laws."