Terms & Conditions

Falcons Auction House LLC (“Auction House”), Falcons Group Limited (“Platform Provider”) and Falcons Group General Trading LLC (“FGGT”) collectively referred to as "Falcons", “we”, or “us” provide services to you subject to the Terms and Conditions detailed herein (“Terms”). The Auction House operates as a licensed auction house, and the Platform Provider operates as a licensed e-commerce website platform. FGGT is licensed as a general trading company. The Auction House is responsible for the auction services, including the facilitation of sales via auction, while the Platform Provider operates the online platform for listing and selling luxury products. These Terms govern the relationship between Falcons and the Buyers and Sellers (collectively, the “Users”).

The Users as well as any visitors to the Site acknowledge that these terms and conditions have been declared and communicated to them by Falcons, and that they have been thoroughly acquainted with and comprehend them adequately. The Users further acknowledge not to violate any laws, rights, or agreements related to any party involved.

1 GENERAL TERMS

If any of the conditions in these Terms are deemed invalid, void, or for any reason unenforceable, the Users agree that the relevant court should endeavor to give effect to the Users' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Falcons to act with respect to a breach by the Users or others does not waive its right to act with respect to subsequent or similar breaches. Falcons does not guarantee to take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. These Terms constitute the entire agreement between the Users and Falcons.

Falcons reserves the right to amend, modify, or otherwise change these Terms at its sole discretion from time to time. Any such amendments, modifications, or changes will be effective immediately upon posting on Falcons’ website (“Site”) or through other means of communication deemed appropriate by Falcons, including, but not limited to email, and notifications posted on the Site. Users are encouraged to review these Terms regularly to stay informed of any changes made to these Terms. Continued use of the Site after any amendments, modifications, or changes to these Terms constitutes acceptance of those changes. It is the responsibility of Users to ensure that the contact information provided to Falcons is accurate and up to date to receive such communications. Users acknowledge and agree that it is their responsibility to review these Terms periodically and to be aware of any amendments, modifications, or changes. Falcons reserves the right to refuse service to anyone for any reason at any time.

1.1 Description of Service

On its Site, Falcons allows Sellers to list their luxury products (“Items”) for sale and for Buyers to purchase those products either for an advertised fixed price or via auction (the "Services"). In certain transactions facilitated through the Site, Falcons may acquire flash title to an Item sold to the Buyer, whereby such title will pass from the Seller to Falcons immediately before the same title is transferred from Falcons to the Buyer at the point of sale (“Flash Title Structure”). For all other transactions involving an Item, Falcons acts as a mere platform provider, where it does not acquire title to the Items sold and where Falcons’ role is limited to facilitating the transaction in accordance with these Terms (“Facilitator Structure”).

Whether Falcons applies the Flash Title Structure or the Facilitator Structure, it is entirely to its own discretion.

Additionally, Falcons reserves the right to sell directly to Buyers on its Site from its own inventory of products it purchases separately (“Inventory”). “Items” and “Inventory” may be collectively referred to as “products” in these Terms and shall include both in such cases. Individual references to “Items” or “Inventory” shall only apply to one or the other, as the case may be.

1.2 Survival of Terms

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.

1.3 Severability

In the event that any provision of these Terms is deemed unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified or severed to the extent necessary to render it enforceable and valid, while preserving the intent of the parties as closely as possible. The validity and enforceability of the remaining provisions of these Terms shall not be affected thereby and shall remain in full force and effect.

1.4 Governing Laws and Disputes

These Terms are governed by and construed in accordance with laws of the UAE.

Users hereby agree that any dispute arising out of or in connection with these Terms or any purchase, including any question regarding its existence, validity or termination and any dispute regarding non-contractual obligations arising out of or in connection with them, shall be referred to and finally resolved by the Courts of Abu Dhabi.

In the event of any discrepancy or inconsistency between translations of these Terms in different languages, the English version of these Terms, which can be found at www.falcons.com, shall take precedence over any other translated versions. All parties hereby acknowledge and agree to abide by the English version as the authoritative and controlling version of these Terms in the event of any dispute.

1.5 Force Majeure

In case of force majeure, Falcons is not obliged to fulfill its obligations under these Terms. In that case Falcons may either suspend its obligations, or the Services, for the duration of the state of force majeure or definitively repudiate these Terms.

Events of force majeure are all circumstances external to Falcons’ will and control that render the respect of Falcons’ obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, pandemics, epidemics, unavailability of locations, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary downtime of the Site, inability to process payment or other third-party obligations.

2 WEBSITE USE

2.1 License and Site Access

These Terms are applicable to Users of Falcons’ Site. Falcons reserves the right to terminate access to the Site in the event of any violation on part by a User, or if there are valid reasons to believe that a User has violated these Terms.

Users shall not be permitted to violate or attempt to violate the procedures and regulations applicable to the Site’s protection. Such procedures and regulations include but are not limited to:

Access to data that is not intended for the particular User or logging into a server or an account that the User is not authorized to access.
Attempt to conduct any sort of test or survey to detect any vulnerability in a system or network used by Falcons, or for violating or documenting the integrity of the applicable procedures, without an official authorization from the Falcons.
Attempt to interfere with or disrupt the provided service to any User, host, or network. Such attempts include but are not limited to placing a virus on the website, overloading or overwhelming the website, sending promotional messages or ads, flooding it with emails, or even crashing it.
Send unsolicited emails to the Site including advertisements of services or products, forging any TCP/IP or any part of the address details in any email, or sending newsletters.
Use Falcons’ Site by any means to send emails relating to the website, on its behalf, or by referring to it, or assuming its identity in order to defame the Falcons, its website or any person, or announce any false news or information and attribute them to Falcons.

Violators of the rules of usage, system or network will be subject to civil and criminal liability. Cases of such violations shall be investigated, and the person involved shall be legally prosecuted.

2.2 Account Registration

In consideration of the Users’ use of the Site, Users represent that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the UAE or other applicable jurisdiction.

Users also agree to provide true, accurate, current and complete information about themselves as prompted by the Site's registration form and warrant the accuracy of such information. Users are responsible for keeping their personal information up to date on the Site and to promptly update any information provided upon registration on the Site where it becomes inaccurate or untrue. Falcons is not responsible for any loss, damage or claims for compensation arising from the User’s failure to provide accurate and up to date information.

If the Users provide any information that is or becomes untrue, inaccurate, not current or incomplete, or Falcons has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Falcons reserves the right to suspend or terminate the Users’ account and refuse any and all current or future use of the Site, or any portion thereof. If the Users use the Site, they are responsible for maintaining the confidentiality of their account and password, and for restricting access to their computer.

Users acknowledge and agree that Falcons will undertake appropriate anti-money laundering (AML) checks as part of the registration process or at any time thereafter, to ensure compliance with applicable laws and regulations. Failure to comply with AML requirements or providing false or misleading information may result in the suspension or termination of the Users' account and refusal of services.

Users further acknowledge and agree that Falcons will not deal or provide any services or products to any individuals, entities, or countries subject to United Nations or Office of Foreign Assets Control (OFAC) sanctions in accordance with UAE law. Falcons reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion, if such actions are deemed necessary to comply with applicable sanctions laws and regulations.

Users agree to accept responsibility for all activities that occur under their account or password. Users remain liable for all costs, fees, charges and other amounts and any loss or damage caused to Falcons as a result of any unauthorized use of the Site including but not limited to the amounts payable to Falcons as a result of a successful online transaction.

Users agree to notify Falcons immediately of any unauthorized use of their account or any other breach of security. Falcons reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Any false or misleading information provided by the User will not negate any obligation the User has to Falcons.

2.3 Electronic Communications

Falcons accepts payment forms it lists on its Site. When Users use the Site or send emails to Falcons, they are communicating with Falcons electronically. Users consent to receive communications from Falcons electronically. Falcons will communicate with the Users by email or by posting notices on the Site. Users agree that all agreements, notices, disclosures and other communications that Falcons provide electronically satisfy any legal requirement that such communications be in writing.

2.4 Disclaimer of Warranty

All content, products, and services on the Site, or obtained from a website to which the Site is linked (a "Linked Site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

Falcons does not endorse and is not responsible for:

the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than Falcons;
any content provided on Linked Sites;
the capabilities or reliability of any product or service obtained from a Linked Site; or
any technical or human errors that arise from software, tech, IT (Information Technology), bug, malware, virus attack, hack, not limited to these unforeseen situations which may or may not result in inaccurate content, pricing and original retail price, description, etc.

2.5 Limitation of Liability

If you are dissatisfied with any portion of the Site, or with any provision of these terms, your sole and exclusive remedy is to discontinue using the Site. Under no circumstances shall we be liable to any User or any third party on account of that User's use of the Site.

For transactions under the Facilitator Structure, and subject to Clause 3, users expressly understand and agree that Falcons’ Site acts as a platform and is not involved directly in contracts between the Users. Consequently, Falcons, and its subsidiaries, affiliates, parents, joint ventures officers, employees, agents, partners and licensors cannot be sued or held liable concerning product details, specifications, or ownership issues, any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, inaccurate pricing due to human error, technical error or bug, software glitches etc., damages for loss of profits, goodwill, use, data or other intangible losses (even if Falcons has been advised of the possibility of such damages), resulting from use of the Site, content or any related services.

Falcons will not be held accountable for any special, incidental, direct, indirect, consequential damages or any potential loss of profits to the Users. To the extent permissible under applicable law, this covers a broad spectrum of damages, including loss of profit and financial losses, regardless of their nature.

Users undertake to refrain from using any form of hacking tools or programs, such as Hackers, Robots, Spiders, Scrapers, etc., to access the Site, for any reason whatsoever. Additionally, Users undertake to comply with all provisions of laws pertaining to cybercrime as per UAE federal law.

Users undertake to refrain from any activities that might negatively affect the infrastructure of the Site, hinder user access, or limit access to certain user categories in any way whatsoever.

2.6 Indemnity

Users agree to defend, indemnify on demand and hold Falcons and its affiliates, parents, subsidiaries and joint ventures and each of Falcons’ or their respective officers, directors, agents, employees, partners, content providers, service providers, suppliers and licensors harmless from any and all claims, demands, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses (including reasonable attorneys' fees), or arising out of or related to: (i) their breach of these Terms, or their violation of any law or the rights of a third party; (ii) your use of or reliance on the Site or any services, content, functions, information, materials or products available through the Site; (iii) your purchase or use of any products through the Site; (iv) your placement or transmission of any message, content, information, software or other materials through the Site.

2.7 Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Falcons and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Falcons or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") may be protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

Falcons is not associated with the brands that it sells, which are a registered trademark of the respective brand owners and not of Falcons.

2.8 Third-Party Intellectual Property Rights

Falcons respects the intellectual property of others and asks Users to do the same. Falcons may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be infringing the intellectual property of a third party.

3 BUYER TERMS

This section constitutes a binding agreement between the User (hereafter within these Buyer Terms "Buyer") and Falcons. Falcons is in no way associated with the brands that are sold on its Site. These buyer terms apply to products advertised for a fixed price as well as products purchased via auctions and includes all Items sold under either the Flash Title Structure or the Facilitator Structure, as well as all Inventory.

3.1 Purchase Terms

Buyer wishes to purchase certain products as may be displayed and described on Falcons’ Site. It is Falcons’ sole discretion to display or remove the displayed product depending on its availability or non-availability. Falcons is not liable to inform or alert the Buyer before removing or adding such a product. Falcons wishes to sell the Item on behalf of a Seller, subject to Buyer agreeing the following Buying terms:

Buyer acknowledges that Falcons’ authentication process is in-house and independent of any brand association of any kind or nature. Brands mentioned on the Site are not involved in the authentication of the product being sold and none of the brand owners, Falcons or Sellers assume or own any responsibility for any product purchased through the Site.
As a courtesy to the Buyer, Falcons may or may not provide descriptions and condition description of the product on the Site and through other direct or indirect, online or offline means of communications. Buyer should note that descriptions of the products are not warranties and that each product is sold ‘as is’.
Buyer canceling an order has to contact Falcons via the platforms specified on its Site.
The methods of payment for a purchased product as accepted by Falcons are communicated via the Site.

All product prices are exclusive of VAT, duties and any other taxes unless stated otherwise.

3.2 Product Availability and Descriptions

The products listed on the Site are subject to availability and may be limited in quantity. Falcons aims to ensure that product descriptions, images, and specifications provided on the Site are accurate and up to date. However, Falcons does not warrant that such information is error-free, complete, or current.

Falcons actively manages its inventory of products to reflect real-time availability of products on the Site. However, discrepancies may occur due to unforeseen circumstances such as inventory damage, theft, or system errors.

In the event that a product becomes unavailable due to such unforeseen circumstances after purchase, Falcons will notify the Buyer and provide options for a refund or substitution in accordance with the Terms provided herein. Falcons reserves the right to modify or delist any products on the Site without prior notice.

3.3 Payment

If the Buyer chooses to purchase any of the products listed on the Site, the Buyer agrees to pay the fees designated for the product selected and in accordance with these Terms and any additional payment terms or policies located on the Site. Payments are all processed through the platforms specified on the Site. Falcons may change the payment processing options from time to time. The Buyer’s continued use of the Site serves as acceptance of the use of any future payment processor.

Falcons reserves the right to refuse any order the Buyer places on the Site. Falcons may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same credit card or Account, and/or orders that use the same billing address. In the event that Falcons makes a change to or cancels an order, Falcons may attempt to notify the Buyer by contacting the e-mail and/or phone number provided at the time the order was made. Falcons reserves the right to limit or prohibit any orders.

The Buyer agrees to provide current, complete and accurate purchase and account information for all purchases made through the Site. The Buyer agrees to promptly update billing and other information, including their email address and payment processing information, so that Falcons can complete their transactions and contact the Buyer as needed.

The Buyer’s card issuer agreement governs the use of the Buyer’s designated card in connection with the Site, and the Buyer must refer to that agreement and not these Terms to determine their rights and liabilities as a cardholder. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

Prices for products listed on the Site are determined based on factors including market demand and inventory management considerations. Pricing is subject to change without notice.

With the exception of products sold via auction, payment for orders must be made in full at the time of purchase to secure the product(s).

For all products sold via auction, the Buyer is required to make a deposit amounting to the specified pre-bid amount in accordance with the methods of payments on the Site. All pre-bids will be released to unsuccessful bidders within 24 hours of the bid completing.

3.4 Transfer of Title

The title to the products ordered is transferred to the Buyer the moment the product is dispatched to the Buyer (where the contract for the sale of the product is concluded), provided that the Buyer has made full payment of the product(s), (including product price, delivery charges if any and any other charges payable under these Terms, if any).

Risk of damage or loss is transferred on actual delivery, or the first attempted delivery (whichever is earlier) to the Buyer or to somebody identified by the Buyer to carry or take possession of the product on the Buyer’s behalf. Once delivered to the Buyer, or to somebody identified by the Buyer to carry or take possession of the product on the Buyer’s behalf, that person assumes all risk in relation to the product. If a Buyer fails to accept delivery of a product for whatever reason, Falcons will, in addition to any other remedies available to them, be entitled to terminate the Buyer’s access to the Site.

3.5 Fulfillment, Handling and Delivery of products

The Buyer acknowledges and agrees that Falcons or one of its third-party fulfillment service providers acting on its behalf (each a “Fulfillment Provider”), may handle the delivery and fulfillment of the Buyer’s purchase, and that Falcons or such third party has the sole discretion as to the Fulfillment Provider it chooses to use.

Not all products can be delivered anywhere (due to limitations imposed on the products or by the destination). The Site will notify the Buyer if a product cannot be delivered to the Buyer’s specified address.

Delivery will be complete when the product is delivered to the address which the Buyer specifies when purchasing.

Different product(s) may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on purchase (or on the Site) are estimates only. Buyer’s initial request for the purchase of a product (“Order”) will be fulfilled by the delivery date set out in the confirmation provided by Falcons for the details of the Order (“Order Confirmation”). Delivery timeframes are affected by the Buyer’s delivery address and the delivery method selected. Falcons or third parties are unable to specify an exact delivery date and time.

The Buyer acknowledges and agrees that Falcons has no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its control.

If the Buyer receives notification of an unsuccessful attempted delivery, it is the responsibility of the Buyer to use the details provided to contact the delivery company to arrange re-delivery. Efforts will be made to deliver the Buyer's products(s) according to the details in the Order.

3.5.1 Shipping Fees

Orders shipped outside of Dubai are subject to additional shipping fees and customs charges, which will vary depending on the destination. Customers are responsible for all applicable shipping charges, which are non-refundable in the event of a return, unless otherwise stated.

3.6 Order Acceptance and Confirmation

By placing an Order through the Site, the Buyer agrees to provide accurate and complete information necessary for order processing and delivery. All Orders are subject to acceptance and confirmation by Falcons.

Falcons reserves the right to refuse or cancel any Order for any reason, including but not limited to product availability, pricing errors, or suspicion of fraudulent activity. If an Order is canceled, Falcons will notify the Buyer and issue a refund in accordance with these Terms.

3.7 Limitation of Liability

Falcons does not warrant that product descriptions, titles, attributes, specifications, price or other content or any other information related to the products(s) are wholly accurate, complete, reliable, current, or error-free.

4 SELLER TERMS

This section constitutes a binding agreement between the User (hereafter within these Seller Terms "Seller") and Falcons for Items sold on Falcons’ Site for a fixed price as well as products purchased via auctions and includes Items sold under either the Flash Title Structure or the Facilitator Structure. Falcons is in no way associated with the brands that are sold on its Site.

4.1 Estimated Market Price

The Seller agrees that Falcons, in its sole discretion, will determine the estimated market price for the Item, based on its appraisal evaluation of the Item together with its determination of the current market price for each specific Item in question (the "Estimated Market Price"). By agreeing to use the Site, the Seller is deemed to have accepted the Estimated Market Price. For the avoidance of doubt, Falcons reserves the right to refuse any item submitted by a Seller for sale for any reason at its sole discretion.

In the event that an Item remains unsold for 30 days, Falcons may suggest a price reduction, with notification sent to the Seller via the Site. The Seller’s consent is required for such price reduction. If the Item remains unsold (including where consent is not granted for a price reduction suggested by Falcons), the Seller may request the Item to be returned to them. Where the Seller requests an Item be returned within the Lock-in Period (i.e. 30 calendar days after the date it was listed on the Site), the Seller shall bear all costs associated with the return of the Item to them. Where the Seller requests an Item be returned to them outside of the Lock-in Period (i.e. more than 30 calendar days after the date it was listed on the Site), they may collect the Item from Falcons or request Falcons to deliver it to them (at Falcons’ expense save in respect of any customs duties and taxes charges incurred which will be borne by the Seller).

The Seller's home page on the Site will display the prices and payouts of the Items uploaded, including charges like shipping, insurance fees, and VAT, duties and any other taxes, depending on the country selected on the website.

Falcons reserves the right to modify the price of a Seller’s Item in its sole discretion where it is commercially advisable to do so. Falcons will endeavour to provide the Seller with notice of such change and may take certain actions with respect to such Item, including but not limited to, resolving the case collaboratively with the Seller or notifying the Seller of any cancellation or refund.

4.2 Selling Price and Appraisal

All Items sold on the Site will be appraised by Falcons. The Seller shall submit the relevant information and documentation required for the appraisal of the Items it intends to sell on the Site. Falcons will conduct an appraisal, taking into consideration, among other things, the current resale market value, rarity, quality, condition, category, brand, model, material, color of the Items, the historical sales performance of similar products on the Site, currency fluctuations and the opinion of our staff.

An appraisal report will be provided to the Seller upon completion of the appraisal process. Falcons and the Seller agree to maintain confidentiality of all information exchanged during the appraisal process.

Falcons reserves the right to set the selling price for each Item at its discretion, taking into consideration the appraisal report, market conditions, demand, and other relevant factors (“Selling Price”). The Selling Price may differ from the Estimated Market Price. The Seller acknowledges and agrees that Falcons has the sole discretion to adjust the Selling Price.

4.3 Seller Sends Items

Falcons is responsible for arranging the shipment of Items to Falcons’ warehouse at its own expense and using a reputable courier service. Falcons assumes no responsibility for the condition of the Items during transit. It is the Seller’s responsibility to ensure that the Items are properly packaged and protected for transit to minimize the risk of damage during shipment. Risk is transferred to Falcons once the Items are physically delivered and received at Falcons’ warehouse.

Upon delivery to Falcons’ warehouse, Falcons will exercise reasonable care in storing the Items to prevent damage or loss. Falcons will not be held liable for any damage or loss to the Items that occur before they are received and accepted at the warehouse.

Falcons reserves the right to refuse acceptance of any Items that are damaged upon arrival at the warehouse. In such cases, the Seller will be notified, and arrangements for the return of the damaged Items will be made at the Seller’s expense.

Once the Items are accepted and stored in the warehouse, Falcons will take reasonable measures to maintain their condition until they are sold or otherwise disposed of according to these Terms.

4.4 Falcons Authentication

Prior to making products available for purchase to the Buyers on Falcons’ Site, Falcons conducts an assessment of authenticity (“Authenticity Check”) of the products. By using the Site, Sellers

acknowledge and agree that their Items will be subject to the Authenticity Check. If the Item does not pass the Authenticity Check, Falcons reserves the right to refuse making the Item available for purchase on its Site. Sellers understand and acknowledge that the Authentication Check is conducted in-house and is independent of any brand association or involvement pursuant to these Terms, specifically Clause 6.2. For the avoidance of any doubt, the Authentication Check performed by Falcons is part of the process of listing Items for sale on the Site and does not constitute a separate service. Falcons does not provide Buyers a guarantee of authenticity for Items sold on its Site.

Falcons shall have no liability in relation to the Authentication Check performed by it. Sellers acknowledge and agree to hold Falcons harmless from any claims, losses, or damages resulting from reliance on the Authentication Check, except in cases of wilful misconduct or gross negligence on the part of Falcons.

4.5 Title to Items

4.5.1 Facilitator Structure

Upon successful completion of a transaction on the Site, and subject to Clause 3.3, title to certain Item(s) shall transfer directly from the Seller to the Buyer under the Facilitator Structure. Falcons does not assume any ownership rights or responsibilities over the title to the Items and is solely facilitating the transaction as an intermediary Site for Sellers and Buyers. Falcons acknowledges that it holds Items in its possession on behalf of the Seller until such time as title passes in accordance with this Clause.

4.5.2 Flash Title Structure

Upon successful completion of a transaction on the Site, and subject to Clause 3.3, title to certain Item(s) shall transfer from the Seller to Falcons first and immediately after from Falcons to the Buyer under the Flash Title Structure. Falcons acknowledges that it holds Items in its possession on behalf of the Seller until such time as title passes in accordance with this Clause.

4.6 Delivery of Items

Falcons does not confirm and ship the Item(s) until after having received approvals from Falcons’ third-party partner authentication services who verify the Buyer’s credit card details and account.

Falcons dispatches Orders from its warehouse and is responsible for courier costs. Falcons is not liable for delay in Orders because of customs clearances at destination.

Falcons may be unable to successfully deliver Items because of a mismatch in live inventory listings. In such cases, Falcons may cancel such Orders if an Item is unavailable, damaged or found in a poor condition, and make a full refund if the Order has been paid for. The placement of an Order does not guarantee delivery of an Item.

4.7 Holdback period

Upon successful payment for Items by the Buyer on the Site, Falcons agrees to hold the proceeds from such sale for a period of 10 business days before disbursing funds to the Seller. During this period, Falcons will monitor for any return requests or disputes initiated by the Buyer.

This period of holdback (“Holdback Period”) serves to allow sufficient time for the Buyer to initiate a return or dispute with respect to a received Item. In the event of a return request or dispute raised within this period, Falcons will aim to resolve the matter efficiently and fairly. If a valid return is initiated, Falcons will manage the return process and, if applicable, adjust the proceeds payable to the Seller to account for additional courier expenses incurred by Falcons.

The Seller will be promptly notified of any return requests or disputes during the Holdback Period. Falcons will maintain clear and transparent communication regarding the status of the transaction throughout the process.

After the expiration of the 10- business day Holdback Period, and in the absence of any return requests or disputes, Falcons will release the applicable proceeds net of any interest accrued or deemed to accrue on such amount to the Seller. The payment to the Seller will be processed according to the payment methods specified in these Terms.

Falcons reserves the right to modify the duration of the Holdback Period, and any changes will be communicated to the Seller via email.

4.8 Commission Structure and Deductibles

Falcons charges commission based on the Selling Price of Item(s). For completeness, ‘commission’ may also mean the price difference between the price at which Falcons acquires an Item and the Selling Price under the Flash Title Structure, and not only the commission it may charge in the Facilitator Structure.

By agreeing to sell on the Site, the Seller is deemed to agree to the commission applicable for selling the Item(s). The commission on Items submitted will be computed and charged as per the following structure:

The commission is based on the fees that Falcons charges to process, hold and showcase the Seller’s Item(s) on the Site.
The commission structure cannot be contested or questioned, and it is exclusive of VAT and other eventual import and admin charges associated with the sale of the Item(s).
By selling with Falcons, the Seller acknowledges and agrees to the commission that is due to Falcons.

The commission may differ according to the category and the selling value of the Item(s). The specific commission amount for each Item will be communicated to the Seller through the Site.

The commission charged by Falcons for its Services includes deductions related to shipping, handling and courier services, insurances (where applicable) and appraisals. The specific amounts and details of these deductions will be transparently communicated to the Seller. The net proceeds, factoring in these agreed-upon deductions within the overall commission structure, will be disbursed to the Seller in accordance with the payment policy in these Terms. Any additional fees associated with these Services are encompassed within the overall commission, making them the responsibility of the Seller.

4.9 Payment to the Seller

Upon the completion of a successful transaction on the Site, the Seller acknowledges and agrees that Falcons will deduct the agreed-upon commission and deductibles (see above) from the total transaction amount. The net proceeds, after deducting the commission and deductibles, will be disbursed to the Seller in a timely manner. The payment method will be determined by Falcons and any associated transaction fees shall be borne by the Seller.

4.10 Requirements for UAE Business Clients

UAE business clients must possess a valid trade license and comply with all relevant UAE laws to sell on the Site. By listing items, clients guarantee the authenticity and accuracy of product descriptions. Falcons reserves the right to remove listings and contact authorities if items are suspected to be counterfeit or stolen, and to take appropriate legal action to protect its interests.

5 ITEMS AUCTIONED

This section constitutes a binding agreement between the Buyer (hereafter within these Terms "Bidder"), Seller (together the “Users”) and Falcons for Items sold on Falcons’ Site via auction and includes Items sold under either the Flash Title Structure or the Facilitator Structure. Falcons is in no way associated with the brands that are sold on its Site.

5.1 Bidding

Falcons and/or Sellers may list Items for auction on the Site, providing accurate and detailed description of the Item(s) in accordance with these Terms. Buyers who are registered may bid on Item(s) listed on the Site.

All Item(s) listed on Falcons’ Site are authenticated by Falcons as provided by these Terms. Bidding takes place electronically through the Site and such electronic bids are considered binding and irrevocable. If there are two bids for the same amount, the earlier time of the two bids will take precedence. In the event of any dispute as to the bidding in respect of any Item, Falcons shall have absolute discretion to settle the dispute as sole arbitrator and Falcons’ decision shall be final and binding.

Subject to the reserve of an Item being met (if any), the highest bid at the close of the auction will be considered the winning bid and will constitute the purchase such that a binding contract is deemed to have been made at this point in time between the Bidder and Falcons as owner of the Item in its own right or with Falcons as the platform provider under the Facilitator Structure. Should the reserve price be met, the Bidder who has placed the highest bid at the close of the auction will be notified by email of its winning bid.

All auction transactions are conducted in either AED or USD, and Falcons is not liable for losses resulting from currency conversions or exchange value fluctuations. Falcons may withdraw auctioned Items at any time and without prior notice, at any time it deems appropriate, or in accordance with the request of the Seller.

Falcons shall not be legally responsible for any technical or technological issues during the bidding process on the Site. Users are not entitled to file any claims against Falcons for losses sustained due to technical or technological issues during the bidding process.

Falcons has the sole right to:

refuse any bids;
advance the bidding at its absolute discretion;
place a reserve on any Item;
not disclose the reserve price;
bid on behalf of any prospective purchaser with or without disclosure;
withdraw any Item for sale for any reason whatsoever including but not limited to if the Item is incorrectly described or is incorrectly priced or is unavailable;
require a successful Bidder to pay forthwith the whole or part of any of the purchase price;
require a successful Bidder to pay a deposit at the sole discretion of Falcons;
place a bid or bids on behalf of the owner with or without disclosure;
refuse any person or entity access to the online auction.

For the purposes of these Terms, a “reserve” or “reserve price” means the confidential minimum price set by Falcons at which the Item may be sold at auction, which price may be revised by Falcons from time to time in its sole discretion.

5.2 Payment Terms

Upon the purchase of an Item, the Buyer is required to make payment within 5 business days of the auction’s conclusion, unless otherwise specified by Falcons. The Buyer will be responsible for paying to Falcons all of the following amounts:

the full purchase price (being the highest successful online bidding price (subject to any reserve price), inclusive of VAT or applicable taxes at which a sale occurs and is accepted by Falcons);
delivery and insurance charges (if applicable);
credit card charges (if applicable);
any other governmental charges or fees (if applicable);
any storage charges (if applicable);
any other charges or expenses (charges and expenses paid or payable by Falcons in respect of an Item(s), including but not limited to packing or shipping costs, taxes, levies, removal and storage charges, interest and legal expenses, plus any VAT or applicable taxes), if applicable.

The Users acknowledge that clauses 4.7, 7 and 8 apply to auction sales and that payments shall be made and/or processed in accordance with these Terms.

5.2.1 Buyer’s Premium

A buyer’s premium of 20% will be applied to all auction sales conducted by Falcons. This premium is in addition to the final bid price and is payable by the buyer. All applicable taxes, duties, and fees remain the responsibility of the buyer and will be charged separately as required by law.

5.3 Available funds

The Bidder acknowledges and warrants to Falcons that prior to making a bid or an offer for an Item or successfully negotiating the purchase of an Item at the online auction or by private treaty on auction terms, that it has the required funds immediately available to complete the purchase or has financial assistance on reasonable terms to complete the purchase.

5.4 Self-Dealing

Users are strictly prohibited from manipulating the price or engaging in any activity, whether individually or in collaboration with other Bidders, attempting to raise or reduce the selling price of the offered Item. No User is permitted to directly or indirectly bid on any Item that is put up for auction with the intent to increase the selling price. “Self-dealing” is strictly prohibited. “Self-dealing” refers to activities performed by any individual or entity that buys or sells in an auction where the seller or buyer belongs to the same entity or entities of the former, where the intention of such dealings is to manipulate the auction process to create an unfair advantage, defect, or to impose an unjustified risk on Falcons or others. In such cases, Falcons reserves the right to close the relevant account(s) while adhering to the settlement of financial dues upon account closure.

5.5 Limitation of Liability

Falcons will not be held accountable for any special, incidental, direct, indirect, consequential damages or any potential loss of profits to the Seller or Buyer. This covers a broad spectrum of damages, including but not limited to, business interruption, or loss of profit and financial losses, regardless of their nature.

6 APPRAISAL AND AUTHENTICATION

6.1 Appraisal

Falcons conducts in-house appraisal of products sold on its Site. Such appraisal encompasses comprehensive evaluation of the product(s) considering factors such as market value, condition, brand, category, and other relevant criteria.

For Items sold under the Facilitator Structure or Flash Title Structure, Sellers must submit necessary information and documentation regarding the Item(s) to be appraised. Falcons will prepare an appraisal report detailing the findings, valuation, and any pertinent information regarding the Item(s) for purposes of transparency. For the avoidance of any doubt, Falcons does not engage in the provision of independent appraisal services, and only conducts such assessment as a precondition to listing on its Site. Appraisal by Falcons is a mandatory requirement of selling on Falcons’ Site.

Falcons and the Seller shall maintain the confidentiality of all information exchanged during the appraisal process. The appraisal report and any related documentation shall be handled with discretion to safeguard the Seller’s proprietary information.

Falcons will not be held liable for any indirect, consequential, or incidental damages arising from the appraisal services, except in cases of wilful misconduct or gross negligence.

6.2 Authentication

Falcons conducts its Authentication Check as a precondition to listing a product on its Site. The Authentication Check encompasses an examination of the products(s), utilizing industry expertise to verify their authenticity and origin. Authentication by Falcons is a mandatory requirement of selling on Falcons’ Site.

The Authentication Check is conducted by using a variety of methods, which may vary depending on the category of the product. These methods include, but are not limited to:

Original receipt or certificate of authenticity
Serial number verification
Date codes or manufacturing markings
Hallmark details for precious metals
Brand labels and logos
Examination of hardware components
Assessment of stitching quality
Evaluation of decoration details
Inspection of leather or fabric quality
Assessment of craftsmanship
Verification of stamping and packaging authenticity.

f the Seller submits an Item for sale on the Site, it will receive a “Pending Authentication” status automatically. Once the Item has been received by Falcons and passed through the quality check and Authentication Check, the Item will be released of Pending Authentication status and will be made available to Buyers on the Site for purchase.

The Seller warrants the Item(s) to be authentic. In the event that Falcons determines, in its sole discretion, the Item(s) to be counterfeit, the Seller agrees to pay back any payout for the Item (including holding and processing as applicable), and shipping fees for return of Item. The Seller acknowledges and agrees that failure to comply with these requirements may result in additional actions by Falcons, including but not limited to suspension or termination of the Seller's account in addition to any and all legal rights of recourse Falcons may have against the Seller.

Falcons reserves the right to dispose of or destroy Items that are found to be inauthentic, as per UAE regulations. Falcons will inform the Seller of any rejections due to counterfeit.

Falcons will not be held liable for any indirect, consequential, or incidental damages arising from the Authentication Check, except in cases of wilful misconduct or gross negligence.

7 RETURNS

Users are liable to read specific return terms and conditions and other policies related to returns (if any) and these Terms and be informed about the return and refund policies before initiating a return. These return terms apply to both fixed price purchases, and purchases made via auction.

7.1 Return by Buyer

This returns policy applies to all Buyers purchasing product(s) on the Site for a fixed price or via auction.

7.1.1 Hermès Handbags & Jewelry:

All sales are final. No returns, exchanges, or refunds are permitted for Hermès bags and any jewellery items, regardless of style, variation, price range, or dimensions. These products are non-returnable for any reason, whether claimed or unclaimed, both prior to and following the placement of the order and delivery.

7.1.2 All Other Marketplace Items:

Returns or exchanges are allowed within 3 days of purchase, provided the Falcons tag, packaging, or any tags attached are intact and undamaged, and the item remains unworn and in its original condition. Falcons reserves the right to refuse returns if there are signs of wear or damage.

The item must be handed over to the designated courier within 3 days of return collection being initiated by Falcons. Falcons is not liable for any loss or damage if the item is shipped via any courier other than the one designated by Falcons.

Additionally, Falcons will deduct Shipping Costs and Customs Duties & Taxes paid on return shipments in cases where delivery fails due to the buyer being uncontactable, unavailable to clear customs (such as paying duties or submitting additional documents), or unable to receive the delivery.

This returns policy is in addition to, and does not affect, the separate legal right of cancellation that may be available in a specific jurisdiction.

7.1.3 Limited returns

If within 5 business days following delivery of a product to the Buyer (which may be extended at the sole discretion of Falcons), Falcons receives from the Buyer notice in writing, accompanied by the written opinion of a competent expert or authority (as determined by Falcons in its sole discretion), that the product as purchased is not as described on the Site or otherwise as represented by Falcons, then Falcons will endeavour to, within 14 business days of receipt of such notification, either refund to the Buyer the full amount paid by the Buyer to Falcons or will repair the product at the sole discretion of Falcons.

Falcons must be satisfied as to the validity of the claim, otherwise the product will be returned to the Buyer without any further action required to be taken by Falcons.

This subclause is subject to the Buyer returning the product purchased in the same condition and state of repair including the return of any certificates, documents, packaging and other materials provided by Falcons to the Buyer. Falcons shall not be liable to the Buyer for any direct or indirect loss or consequential loss or damage suffered or expense incurred by the Buyer for any mistake, error, misstatement or omission or otherwise in respect of the description of a product. The benefit of this condition shall not be assignable and shall rest solely and exclusively in the Buyer who shall be the person to whom the original invoice was made out by assignable in respect of the product when sold and who has since the sale retained uninterrupted and unencumbered ownership of the product. The benefit of this condition will expire 12 months following the invoice date for the product.

For products purchased at auction, the Buyer acknowledges that the sale of the product is by auction and on auction terms. Falcons makes no warranty and gives no guarantee regarding the availability of repairs or spare parts for the product or express warranties made by the manufacturer in respect of the product being complied with.

7.2 Return by Seller

7.2.1 Items Withdrawn by Seller

Falcons provides a 30 calendar days lock-in period for all Sellers (30 calendar days calculated from the date an Item is first listed on the Site), (the “Lock-in Period”). Should a Seller wish to withdraw their Item(s) during this period such Items may be withdrawn by Falcons and returned to the Seller. In accordance with Clause 4.1, the Seller shall bear all costs (including but not limited to, shipping, handling and courier services and/or insurances (where applicable)) associated with the return of the Item to them within the Lock-in Period in addition to a minimum charge of US$100.00 per Item which may be added by Falcons in its sole discretion.

For Items which are withdrawn by the Seller, and which are to be returned to the Seller after the completion of the Lock-in Period (i.e. a withdrawal request is received or processed after the Lock-in Period), the cost of return shipping charges will be covered by Falcons, however, for the avoidance of doubt, any handling, customs duties and taxes charges, insurances (if applicable) incurred will be borne by the Seller.

The reshipping fee of the Item(s) will be charged to the Seller if the shipment was returned to Falcons due to delivery failure, refusal or non-availability of the Seller.

If a Seller has elected to collect an Item directly from Falcon, and such Item is not collected within 14 days, Falcons reserves the right to relist them on its Site.

Falcons assumes no liability for holding charges, damages, or any confiscation by customs or the applicable clearance department due to refusal or failure to clear the shipment upon arrival at the destination provided.

7.3 Return from Falcons to Seller

7.3.1 Items that do not Pass Quality Check

Items that do not pass the quality check carried out by Falcons will be returned to the Seller. All costs for such returns, including return shipping, customs duties and taxes, and administrative fees, will be borne by the Seller. If contact cannot be established with the Seller within 30 days following the initial return notice, Falcons reserves the right to donate or dispose of the Item(s).

7.3.2 Items Returned by Buyer to Falcons

Upon receipt of the returned product(s) from the Buyer, Falcons acknowledges acceptance of the product(s) and undertakes a quality assurance check.

Under the Facilitator Structure, Falcons reserves the right to automatically relist the Item(s) on its Site if returned by the Buyer subject to the Seller’s approval. If the Seller decides to have the Item(s) returned to them, Falcons will cover return costs except if the Seller requests the Item(s) to be returned within the Lock-in Period (i.e. 30 calendar days of delivery to Falcons), in which case, the Seller will bear the costs of return.

Under the Flash Title Structure, Falcons reserves the right to retain ownership of the returned Items. As the holder of flash title, Falcons is not obligated to return the Items to the Seller. Instead, following receipt of the returned Item from the Buyer, Falcons may, at its discretion, choose to store, resell, or dispose of it, provided that it refunds the Seller in accordance with Clause 8.

8 REFUNDS

If the Buyer returns a product to Falcons pursuant to Clause 7.1, and upon inspection, the product meets the quality check requirements imposed by Falcons under these Terms, the Buyer shall be entitled to receive a refund equal to the Selling Price of the product returned, excluding any deductions or fees howsoever described applied to the refund at Falcons sole discretion. Refunds shall only be issued once the returned product is received by and deemed to be in the required condition by Falcons and Falcons reserves the right to refuse refunds for products that do not meet the return criteria outlined in these Terms.

If Falcons chooses to retain an Item in accordance with Clause 7.3.2, the Seller shall receive an amount equal to the Selling Price of the Item, net of any commission and deductions retained by Falcons and any fees incurred during the transaction.

Refunds are usually processed within 14 business days upon receipt and quality check of the returned product by Falcons. Falcons is not responsible for any delays in refund processing and the Buyer acknowledges and agrees that under no circumstances shall Falcons be liable to the Buyer or any third party on account of any delay in connection with a refund and in no event shall Falcons be liable to the Buyer or any such third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use or profits, arising out of or in any way connected with a refund.

The following applies to the method of refund which is determined by the Buyer’s payment method:

Cash payment received by Falcons for products are refunded via online transfer to a bank account, with the Buyer bearing any associated bank fees.
Credit card payments are refunded to the same credit card used at the point of sale and may take 7-14 business days for processing.
Payments via bank transfers are refunded to the same bank account used at the point of sale and may take 7-14 business days for completion.

Refunds cover 100% of the Selling Price net of shipping costs, customs duties, taxes, and any other local fees paid by the Buyer.

In the event of an unsuccessful delivery (including refusal or non-availability of the relevant financial institution to which the refund is to be credited), any bank fees and/or charges, customs duties and taxes borne by Falcons will be deducted from the Buyer’s refund.

Falcons reserves the right to issue credit notes to the Buyer in satisfaction of a refund in its sole discretion (“Credit Note”). The following applies to all Credit Notes unless expressly notified to the refund recipient in writing:

Credit Notes are issued only by Falcons’ Head Office in writing in its sole discretion.
Credit Notes are not redeemable for cash and are non-refundable.
All Credit Notes are valid for 12 months from the issue date. It is the Buyer’s responsibility to redeem the value placed on the Credit Note within that time frame. We are unable to extend Credit Notes beyond the expiry term.
A Bidder or Buyer who receives the Credit Note is responsible for the safety and use of the Credit Note.
Amounts issued on a Credit Note are in AED or USD.
Credit Note redemption can only be in AED or USD.
Items purchased using a Credit Note are sold, subject to these Terms.
If the Buyer’s purchase is greater than the value of the Credit Note, Falcons will require the Buyer to pay the additional amount.
If the Buyer’s purchase is less than the value of the Credit Note, the credit note will be partially allocated to the purchase. The balance of the Credit Note will continue to be available for the Buyer’s use but must be fully redeemed within 12 months from the original date of issue of the Credit Note.

Buyers must provide proof of purchase for refund processing, such as order confirmation.

9 IMPORT, EXPORT AND ADMINISTRATIVE CHARGES

9.1 Import and Administrative Charges

Falcons’ products are shipped from Abu Dhabi, UAE. All international deliveries from Falcons are subject to import and admin charges which are collected as follows:

For GCC Countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia): The import and admin charges are included in the product price and need not be paid at the time of delivery.
For Rest of the World: Import and admin charges are not included in the product price and are to be paid by the buyer at the time of delivery.

9.2 Import and Export Regulations Regarding Tangible Property

The UAE and most foreign countries regulate the import and export of tangible property. This often involves a declaration of export for products leaving the country and an import declaration for products entering another country during customs clearance. Importing countries may levy duties, taxes, and/or restrictions on imported property. Many nations also prohibit or restrict the import/export of products containing ivory, tortoiseshell, whalebone, or materials from endangered species, requiring special licenses or permits for such transactions. Antiquities and cultural Items may be subject to regulation, including potential pre-emption rights or compulsory purchase by the exporting country. Sellers are responsible for ensuring lawful export of Items from their country of origin.

Falcons make no representation or warranty regarding the availability or issuance of valid import and export permits, or the exercise of pre-emption rights by governmental or regulatory authorities. Falcons accept no liability to the Seller, Buyer, or any third party in this regard.