Return and Warranty Policy

The sale of the physical product is made by the Brand (the professional seller) to the consumer. The legal obligations regarding returns, withdrawal and warranty rest with the Brand, and not with SealTrust.

SealTrust provides the technical infrastructure for authentication (NFC chip, digital certificate, Digital Product Passport) and, where applicable, the tools enabling a Brand to manage a return while respecting the consumer's rights.

This policy does not replace each Brand's own sales terms, nor the consumer's mandatory rights. The contractual allocation of responsibilities is specified in the Terms of Sale and the DPA.

The token associated with a product is a unique, non-fungible certificate of authenticity and a history record. It is not, in itself, a title of ownership over the physical item. Ownership of the item and its transfer remain governed by ordinary sales law. This characterisation is consistent with the Terms of Use.

The cryptographic keys of the consumer's wallet are held and encrypted server-side by SealTrust on their behalf. This architecture makes a movement of the token technically possible, but the status of technical custodian grants neither SealTrust nor the Brand any ownership right over the token. Consequently, no token held by a consumer is seized, burned or forcibly transferred unilaterally and silently.

For distance sales between a Brand and a consumer, the consumer benefits in principle from a 14-day right of withdrawal from receipt of the item (Directive 2011/83/EU, Articles L.221-18 et seq.), subject to the exceptions of Article L.221-28 (made-to-order or clearly personalised goods, unsealed goods that cannot be returned for hygiene reasons).

In the event of withdrawal, reimbursement may be deferred until recovery of the item or proof of its dispatch by the consumer (Article L.221-24 of the Consumer Code, transposing Article 13(3) of Directive 2011/83/EU). The precise terms appear in the Brand's sales terms.

When a return is initiated:

• An off-chain "return pending" status is placed on the product. The certificate remains in the consumer's wallet during this phase.
• The consumer returns the item according to the Brand's terms.
• The movement of the certificate occurs only after receipt of the item by the Brand, or proof of dispatch (Article L.221-24), and with a confirmation action by the consumer (one-time code or signature), and not by an administration action alone.
• The remedy (reimbursement, credit, exchange) is provided by the Brand in accordance with its sales terms and consumer law.

This process ensures that no consumer is deprived of their certificate without consent and without consideration. Only the steps actually available in the product are implemented.

A buy-back or deactivation of the certificate at the Brand's initiative is permitted only in previously disclosed and fair cases (accepted return, safety recall, proven fraud), with prior information to the consumer and, unless otherwise required by law, their agreement. A silent buy-back is not implemented; any clause permitting it could be classified as unfair (Articles L.212-1 and R.212-1 et seq. of the Consumer Code).

Reference framework: Regulation (EU) 2023/988 (general product safety) treats a recall as a return together with a remedy; Directive (EU) 2019/770 allows digital content to be rendered inaccessible in certain cases, which is not a seizure; Regulation (EU) 2024/1781 (ESPR) requires the accuracy and integrity of the Digital Product Passport.

The consumer benefits from the legal guarantee of conformity (Directive (EU) 2019/771, Articles L.217-3 et seq. of the Consumer Code), owed by the selling Brand. For contracts concluded since 1 January 2022 (Ordinance No. 2021-1247), defects appearing within twenty-four months of delivery of a new item are presumed to have existed at the time of delivery (twelve months for second-hand goods), unless proven otherwise (Article L.217-7).

The consumer may request conformity by repair or replacement, within a reasonable period not exceeding thirty days, then, where applicable, a price reduction or rescission of the sale (Articles L.217-8 et seq.). They also benefit, where applicable, from the warranty against hidden defects (Articles 1641 et seq. of the Civil Code). These guarantees are owed independently of any commercial warranty and of the existence of the digital certificate.

A Brand may offer a commercial warranty in addition to the legal guarantees. Where the digital certificate is associated with it, it can be designed to follow the product upon an ownership transfer: the new holder may benefit from the remaining commercial warranty, under the conditions defined by the Brand. The legal guarantees are assessed under the law applicable to the initial sale.

Any complaint regarding a return or warranty must be addressed first to the seller (the Brand). In accordance with Articles L.612-1 et seq. of the Consumer Code, the consumer has the right to free recourse to a consumer mediator; a mediator will be appointed and its contact details communicated before any sale to consumers. For any question on the technical operation of the certificate: contact@sealtrust.io.