If you would like to buy a Birkin bag, the pièce de résistance from French luxury retailer Hermès, you need to know that you most likely cannot do it.
Vogue brought this tough love message to readers recent article who described the seek for an Hermès bag as “intimidating.” The magazine warned that customers “may have to wait months or years for the right style to become available,” and further dashed hopes by noting that “waiting lists at Hermès stores no longer exist.”
The exclusivity of this product is a big a part of its appeal, but a pair of California residents who had failed of their attempts to purchase the baggage decided that enough was enough.
On Tuesday, the 2 buyers in query, Tina Cavalleri and Mark Glinoga, filed a proposed class motion lawsuit against Hermès in San Francisco. The criticism accuses the corporate of withholding the coveted bag from all customers except the best spenders, a practice that the plaintiffs say violates antitrust law.
Hermès didn’t respond to requests for comment.
The legal criticism says Ms. Cavalleri, who is identified within the lawsuit as a California resident, already owns at the very least one Birkin bag. However, an attempt to purchase a second copy was foiled.
The lawsuit says Ms. Cavalleri “spent tens of thousands of dollars at Hermès and was forced to purchase” other Hermès items, described as “additional products,” before she was given the prospect to purchase the Birkin bag.
According to the lawsuit, Mr. Glinoga, also a California resident, had no luck when he tried to buy a Birkin bag. According to the lawsuit, the Hermès salesperson instructed him to “purchase other items and accessories” in the shop before he could be considered a possible customer for the in-demand product.
Hermès introduced the bag to the market in 1984. It is named after Jane Birkin, the late French film star, singer and muse, who presented the concept for its overall design to Hermès chief executive Jean-Louis Dumas while sitting next to him on an Air France flight. In the unique story, it is said that she sketched her idea on a paper vomit bag.
The means of making a Birkin, because the bag is called amongst connoisseurs, takes 18 to 20 hours and is said to be done by a single craftsman. Hermès doesn’t disclose how much it produces annually.
New costs over $10,000; vintage pieces fetched $450,000 at auction. Another popular Hermès bag, the Kelly, is named after movie star (and Princess of Monaco) Grace Kelly.
At the guts of the lawsuit is the practice of “tying,” or selling a particular product to customers on the condition that they buy one other product from the identical company.
“The law says it’s illegal,” said Shaun Setareh, a lawyer involved within the case on behalf of the 2 plaintiffs. “They get ready to buy other products – scarves, belts, shoes, perfumes, jewelry – before they give you the option to buy a Birkin or a Kelly.”
Douglas Hand, a New York lawyer who works with fashion brands including Stella McCartney and Rag & Bone, said in a telephone interview that the definition of “bundling” is quite amorphous and that the law leaves some room for bundled sales of products.
In his opinion, a judge is also more likely to rule that a sales practice violates the law if the item in query might be considered mandatory. An example could be a pharmaceutical company that gives access to life-saving drugs only to those that buy them along with other products.
“There are not many reasons why every consumer needs access to a Birkin bag or any particular luxury item,” Hand continued. “What the consumer wants from this is access to class, access to exclusivity and access to the club that you gain entry to.”
Nevertheless, he acknowledged that the excellence between bundling and illegal bundling might be difficult to parse.
“So the outcome will be very, very important for Rolex, Porsche and any luxury brand that has made access to the most exclusive items conditional on the purchase of less exclusive, unrelated items,” Hand said.
After all, a lot of the demand for luxury goods – whether it is a Ferrari SF90 or a Rolex Cosmograph Daytona – results from their scarcity.
“It makes shopping exciting and appealing,” said Jacek Kozubek, a luxury watch retailer whose Tropical Watch website is devoted mainly to vintage Rolexes.
During the pandemic, Mr. Kozubek decided he wanted to get his wife a Birkin.
“I spent $60,000 on things at Hermès before I was able to buy them,” he said, listing purchases that included shoes, scarves and housewares.
Near the top of the madness, Mr. Kozubek said he walked into the Hermès store on Grant Avenue in San Francisco and heard the clerk say the magic words: “Would you like to see a Birkin?”
A moment later he found himself in a personal room, nodding approvingly at a medium-sized Birkin in classic black with gold accessories. He testified that he left the shop with the idea that his previous purchases had helped him win the most important prize.
Unlike the plaintiffs within the lawsuit, Mr. Kozubek stated that he believed there was nothing improper in regards to the manner through which the sale occurred, provided that Birkins sell on the secondary marketplace for prices significantly higher than their list prices.
“Hermès keeps prices low relative to market value,” he said, “so when they allocate a bag, they want to give it to someone who will love and support it.”
“The coolest things in the world don’t come straight away,” Kozubek continued. “If Birkins were super affordable, there would be no demand for them. If you could just buy it, wouldn’t it be cool. Nobody would care. Nobody would want them.”
So what makes a Birkin a Birkin is the proven fact that most individuals cannot get it?
“Oh yes!” he said, adding a rougher description.
