Authenticate Terms and Conditions

1. LIABILITY, SCOPE AND APPLICATION OF TERMS AND CONDITIONS
   
   These Terms and Conditions (hereinafter “Terms”) apply to the process of third-party authentication of the goods you, as a Delows Seller, intend to list for sale through Delows. As part of our Delows program we offer Delows Authenticate (“Authenticate”) which provides a means to authenticate certain items through a third-party service provider; Real Authentication (“RA”). RA is a team of independent, third-party authenticators. RA is not related to nor are they agents of Delows. Their Terms and Conditions are available here: https://www.realauthentication.com/terms-and-conditions.
   • Upon authentication by RA, Delows does not represent, warranty or guarantee the item to be authentic. The purpose of authentication is to ensure that standards of conformity for the product are met. Further, Delows does not offer a money back guarantee, regardless of RA’s determination of authenticity. Delows does not indemnify the seller, buyer, or any other consumer or customer from subsequent claims. Some items are eligible for a Certificate of Authenticity (certificate) from RA which may be purchased for an additional fee.
   • Some of the categories of items that complete the Authentication process by RA are not eligible for a certificate. While meeting the standards of authenticity through the authentication process, these items would be required to be inspected in person to qualify for a certificate and that is not yet available as a service through RA. The level of service is determined by RA and dependent on the category of the item being reviewed. Please check the landing page for categories and brands.
   • RA’s services are limited to providing an independent opinion pertaining only to the authenticity of the item submitted by the seller (e.g., whether or not the item is counterfeit, a replica, copy, homemade, or otherwise produced by any entity other than the brand it purports to be) and providing a certificate upon request and/or purchase for eligible items Neither RA nor Delows take possession of the item(s) as part of the authentication process.
   • Delows has no input, standing or liability with regard to the determination of authenticity made by RA. RA is not an agent of Delows. Delows does not take possession at any time of the item being authenticated and/or sold. The only information Delows passes to RA are the photographs and the seller ID (a unique number used to identify the seller, which has no meaning outside of this process).
   • Neither Delows nor RA are affiliated with, or endorsed by, any of the brands being authenticated, sold, or otherwise processed through Delows Authenticate.
   • Delows’s Terms of Service, Privacy Policy and other Agreements continue to apply, in addition to these Delows Authenticate Terms and Conditions, which specifically apply to the authentication process conducted by RA. If not otherwise addressed herein, the terms, as laid out in Delows’s Terms of Service or the relevant agreement, apply. Terms not otherwise defined herein shall have the meaning as set forth in Delows’s Terms of Use.

1. THE AUTHENTICATION PROCESS
   • Real Authentication (“RA”) is the third party responsible for authenticating your item(s). Delows does not provide any opinion, undertake any role, or assume any liability for RA’s authentication of any item(s) or related outcomes.
     • RA is an independent third-party that provides authentication services. They are not associated or a partner with any of the brands for which they provide these services.
   • For most sellers, listing your item using the Authenticate service on Delows is optional.
   • However, in some cases, your item MUST use the Authenticate service.
     For example, if the listing price is above a certain dollar threshold or for certain brands.
   • If a seller opts-in to Authenticate or the item MUST use the Authenticate service to be listed on the Delows platform, the seller will follow the same process, described in the next section.
   • If based on the price point, category or other factors, completing the Authenticate service is required to list the item and a user purposely avoids the process through any means, their account may be suspended or closed.

1. PROCESS OF AUTHENTICATION
   • Whether your item must use the Authenticate service to be listed on Delows or you opt-in to do so, the experience is the same.
     • When you are finished creating your listing, after tapping “List,” a series of Authenticate instructional pages will appear, guiding you through the process.
     • These pages will provide you additional information about what you will need to do and what you can expect from getting your item authenticated, like categories, pricing, and time to provide a decision.
     • Take photographs of your item that adhere to the guidelines below. Doing so helps expedite the evaluation process.
       • Copyright/Legitimacy. When submitting photos for authentication (or for your listing):
         • They must be photos YOU take.
         • Do NOT use publicly-available photos or those from the Brand’s website or advertisements.
         • You must take pictures of the actual item you list.
       • Image Quality:
         • Must be clear and close up.
         • Use natural light to reduce blurriness and capture detail.
         • Providing high resolution images will help speed up RA’s authentication process.
       • Image Content.
         For all categories of items, you must submit all photographs required by Delows in the listing flow. This may include photos such as:
         • Front
         • Back
         • Logos
         • Serial Number or Codes
         • Hardware Engraving
         • “Made in” Tags
   • During the authentication process, the potential statuses are:
     • Pending Review – RA is still reviewing
     • More info needed – User needs to provide additional information

1. CATEGORIES AND BRANDS
   • The Authenticate services are limited to certain categories, which will be updated from time to time. Brands available through the Authenticate service will vary depending on the category of product. For a current list of categories and brands refer to the Delows Authenticate page. DELOWS RESERVES THE RIGHT TO REVISE THIS LIST AT ANY TIME.

1. TIMING
   • In most cases, RA will provide you with a decision regarding the authenticity of your item within 24 hours. RA may require additional photos to make a final decision. Time does not begin to accrue until RA has received all required images and the images are of sufficient clarity.

1. FEES
   • Fees will be communicated at the time of checkout. Separate fees will be charged for the Authenticate service and associated certificates, if available, on a per item basis.
     • Fees are charged at the time of RA’s authentication decision.
     • Fees apply both to approved and rejected authentication. If the results of RA’s analysis result in an “Inconclusive” decision, you will not be charged.
     • Items may not be bundled for purposes of authentication. Each item must be submitted as a separate request to RA.

1. RESULTS FROM AUTHENTICATION PROCESS
   • The potential outcomes after third-party authentication are:
     • If RA determines your item is authentic, you will be provided a virtual “authentication badge” that can be displayed on your item’s listing. The Badge may only be used for that item which has been verified by RA and is only available on Delows.
     • The authentication badge does not indicate that the Seller is verified; it is specific to a luxury good item for which pictures were sent, and the badge is just for that particular item.
     • Delows does not have the ability to alter, edit, or award an authentication badge. The Badge is not issued by Delows and any related decisions are within the sole power of RA, as third-party authenticators.
   • “Rejected”: RA determined the item is not authentic or legitimate for the brand it is claimed to be.
   • “Inconclusive”: RA could not determine authenticity.
     • An item may be reviewed by Delows for a second chance to be able to list it. However, even if determined to be authentic, it will not receive the item authentication badge.
     • You may list your item elsewhere (off-Delows) if RA cannot authenticate. 

Law Enforcement 

Requests for customer information

Per our Privacy Policy and Terms of Service, Delows does not release non-public information about our customers unless it is lawfully requested (for example, via subpoena, court order, or search warrant). When presented with an official legal request, we will disclose specifically requested information so long as we are reasonably able to locate and retrieve it.

If you are a member of law enforcement or another government agency and wish to request specific customer information via an official legal process, please provide as much information as possible to help us identify the relevant account(s) and/or transaction(s) in question. We are unable to process overly broad or vague requests.

Any official legal request should also include the following information so that we can verify its origin:

• Agency name
• Agency official email address
• Agent name and badge/ID number
• Agent official email address
• Agent Phone number (+ extension, if applicable)
• Verifiable physical return address
• Case reference number or other case identifying parameter

Law enforcement and other government agencies may submit requests through the following channels:

Email: us-compliance@Delows.com

Physical Mail: Delows, 46-E Peninsula Center, Unit 444, Rolling Hills Estates, CA, 90274, USA

Please note that acceptance of legal process via these channels is for convenience and does not waive any objections including, but not limited to, lack of jurisdiction, lack of verification of subpoena, or proper service. Requests submitted through email will result in a faster response, as mail may cause delays.

Subpoena processing may be subject to a $35 per hour fee.

Delows will not respond to correspondence sent by non–law enforcement/government agencies, or individuals to the addresses above.

What is Delows?

https://www.Delows.com/about

How long will it take to receive records in response to my legal process?

Turnaround time for properly formatted and signed requests is approximately 10 business days.

Safety Guidelines 

We strive to provide a safe, secure, and fun marketplace for buyers and sellers. If a transaction goes sour, someone is attempting to deceive others, or if you notice any Prohibited Products or Prohibited Behavior , just send us an email or a message via the in-app Help Center and we’d be happy to help.

Online safety:

• Don’t share your personal contact information, such as phone number or email address with anyone. We can’t help with interactions outside of the Delows App or website/marketplace
• Communicate with your buyer or seller through our in App messaging feature, to ensure there is a record of it.
• Use a credit card instead of a debit card for online purchases. Credit cards often have better security features and purchase protection, and your credit provider is more likely to offer reimbursements for fraudulent purchases.
• Come up with a great password and change it frequently. Passwords that are non-dictionary phrases and include numbers and special characters are the strongest. Do not use the same password for more than one account or repeat passwords.
• Never share your Delows account or password with anyone, including third-party websites. We will never ask you for your password.
• Do not click on emailed links and login to your Delows account from clicking a link. The most secure way to log into your Delows account is by going directly to Delows.com and logging in from there, or accessing through the App.
• Make sure to download our official App from the Apple App Store or the Google Play App Store, where the developer of the App is Delows,  Developers other than Delows are not verified.
• If you allow your children to use your account, closely monitor their purchases and interactions with sellers.
• Before buying online, read the listing and look at the photo(s) carefully. Read the reviews left for the seller. Ask the seller any questions before you make payment.
• Report any questionable or prohibited items through the Report link in the item listing page.

Financial safety:

• Never give out your personal financial (payment) information or contact information to another user, especially if they are asking for it outside of our App or site.
• To protect you from becoming a victim of fraud, transactions must be done through the App or site. We do not support or protect transactions where payment is transmitted outside of the App or our site.
• Avoid transferring money to someone you do not know, for scenarios that seems “too good to be true” or to help resolve an “urgent” situation supposedly involving a friend or loved one(s). This may involve a request to rate an item you have not yet received.
• Routinely check your financial statements for questionable activity. Contact Delows immediately if you see any unauthorized charges.
• Thoroughly inspect the item upon delivery. Buyers have 14 days from delivery to request a return. Once the 14 days have passed or the buyer has rated the transaction, all sales are final.
  • Test the item prior to rating your seller, especially for expensive items or electronics.
  • Some phone carriers are able to check if a phone has been identified as stolen.
  • Luxury brands often have trademark information available online to verify authenticity or use Delows support team if possible.

• If you suspect that you may be a victim of fraud or other criminal activity, email us or report your suspicions to law enforcement.

Updated: 01/01/2023

DMCA/Copyright Statement 

Delows respects the intellectual property rights of its Users and we comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512 et. al., as amended). It is our policy to respond promptly to any claim that content posted on our App or through our Services infringes copyrighted or other intellectual property. Delows will use reasonable methods to investigate notices of alleged infringement and will take appropriate action under applicable laws. To notify Delows of a possible infringement, you must submit a written notice to our Designated Copyright Agent using the following address, email or web form: Delows, Attn: Designated Copyright Officer 46-E Peninsula Center, Unit 444, Rolling Hills Estates, CA 90274 Email us at: dmca@Delows.com You may also use our form. Any notice of possible copyright infringement must include the following information:

(1) an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyrighted or intellectual property;

(2) a description of the copyright-protected work or other intellectual property that you allege has been infringed;

(3) a description of the material that you claim is infringing and where it is located on the App or Service;

(4) your contact information, including at a minimum your mailing address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the use of the materials on the App or Service is not authorized by the copyright owner, its agent, or the law; and

(6) a statement by you that the information in your notice is accurate, and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that a DMCA Notice has been submitted in error, and that your posting was not infringing, you may contact our Designated Copyright Agent at the contact information provided above to submit a written counter-notification. Under the DMCA, a counter-notice must include the following information:

(1) your physical or electronic signature;

(2) an identification of the material that was removed and the location at which the material appeared before it was removed;

(3) a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material (whether or not it was intentional);

(4) your contact information, including at a minimum your mailing address, telephone number, and email address; and

(5) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provided is located (or, if you live outside the United States, the U.S. District Court for the Northern District of California) and that you will accept service of process from the person who provided the DMCA Notice or an agent of such person.