Version: July 2020
Article 1 - Definitions
- Platform: the website on www.unitedwardrobe.com and any associated subdomain or the United Wardrobe app.
- Seller: any natural person who offers and sells Items via his Account on the Platform.
- Buyer: any natural person who buys Items via his Account on the Platform.
- Account: the Account that the User on the Platform has created, which is personal for the User via his Login data.
- Items: all second-hand products of which United Wardrobe has communicated that these may be offered on the Platform.
- Stripe: Stripe Payments Europe Ltd, The One Building, 1 Grand Canal Street Lower, Dublin, Ireland and its group companies.
- Selling Price: the selling price of Items, including VAT and all other costs or charges, but excluding shipping and administration costs to be charged to the Buyer.
Article 2 - Account
- To be able to use the Platform, the User must create an Account. The User can register via email, a Facebook account, a Google account or Apple login. If a User registers using a Facebook, Google or Apple account, then the User can also login with the password of this account. If a User registers with an email address, then the User must choose a password. The email address and chosen password, together, form the "Login data".
- The User may not allow use of his Account by a third party. The User is always responsible for non-disclosure of his Login data and the use of his Account.
- Every User may create one (1) Account on the Platform. If, for whatsoever reason, the Account is blocked or deleted, the User is no longer entitled to use the Platform.
- United Wardrobe is entitled at all times to suspend, block or delete the Account of any User, for example in the case of contravention of one or more of the applicable terms, fraud, disruption of a proper functioning of the Platform or if the Account, in the opinion of United Wardrobe, can be harmful for the reputation of United Wardrobe or third parties. United Wardrobe furthermore has the right to refuse or to block an Account if the Account is linked to a bank account number which is linked to an Account that is already blocked. The User is not entitled to any compensation by United Wardrobe in connection with the suspension, blocking or deletion of the Account by United Wardrobe and the User hereby waives any right to any compensation of damages.
- The User agrees to only provide correct and complete information when creating an Account on the Platform. The User is responsible for the accuracy of the data in his Account.
- The User must, at all times, act in accordance with the guidelines and instructions of United Wardrobe with regard to the installation and use of the Platform.
- United Wardrobe is entitled, at all times, to no longer make available certain functionalities of the Account on the Platform, not to grant an Account or to demand additional requirements for granting an Account.
Article 3 - Purchase Agreement
- If a User of the Platform purchases an Item offered on the Platform, or if the Seller accepts a bid made by the Buyer, a purchase agreement is established between the Seller and the Buyer (the "Purchase Agreement").
- United Wardrobe is not and will not be party to the Purchase Agreement. If the Buyer and Seller have a dispute about whether or not Items have been shipped or returned, the Buyer and Seller must resolve this among themselves. If the Buyer and Seller cannot jointly resolve the matter, then United Wardrobe could, entirely without obligation, act as an intermediary. The basis for this will be the Seller or Buyer being able to provide proof of delivery. The Buyer and Seller indemnify United Wardrobe for claims for compensation of damages by virtue of its decision.
- The Buyer and Seller are both responsible for their own account and risk for concluding the Purchase Agreement. The Buyer and Seller indemnify United Wardrobe of any claim or liability as a consequence of concluding or executing the Purchase Agreement.
- After the Purchase Agreement has been established, United Wardrobe will send a confirmation by email. In addition, a chat will be opened between the Buyer and Seller via the chat application on the Platform, where the Buyer and Seller can communicate about the purchase.
Article 4 - Guarantees and obligations of the Seller
The Seller guarantees:
- Only to act as a private individual, and not to use the Platform for professional purposes;
- That the Items offered by the Seller are second-hand goods;
- That the Items offered are the property of the Seller and that the Seller is authorised to offer these Items for sale and to dispose of these Items;
- The offered Items are always the original Items and that they are not counterfeit goods;
- That the Items function properly and do not have any defects, unless this is specified;
- That the Items offered and the product information issued are not an infringement of any rights of United Wardrobe or third parties.
The Seller indemnifies United Wardrobe against all damages of claims against United Wardrobe as a result of non-compliance with the guarantees in this clause.
The Seller is not permitted to include advertisements when delivering Items, nor to supply other forms of commercial promotion to the Buyer.
To be able to act as a Seller, the Seller must have a current banking account and postal address in the Netherlands, Belgium, France or Germany.
The Seller must comply with the following Service Levels drawn up by United Wardrobe:
b. The Seller must respond to queries from the Buyer within twenty-four (24) hours.
If the Seller fails to comply with the Service Levels, United Wardrobe may block his Account.
United Wardrobe may, at its sole discretion, determine which product subcategories are offered on the Platform. United Wardrobe is also entitled to change or to remove product subcategories on the Platform, without the User being able to enforce any rights on United Wardrobe as a consequence. The Seller can offer Items of which United Wardrobe has communicated that these may be offered on the Platform.
If the Seller chooses to allow bids, these will be subject to the conditions as specifically stated, or the conditions set out under 'bids' in the FAQ on the Platform.
The Seller is not entitled to sell products directly or indirectly to himself.
Article 5 - Compensation for intermediary services by United Wardrobe
- United Wardrobe will charge a commission on the Sales Price to the Seller, as compensation for its intermediary services (the "Service fee"). This commission is standard and is set at 10% of the Sales Price. United Wardrobe may adjust this commission, for example in connection with a specific campaign.
- The Buyer owes administration costs for use of the Platform (the "Administration costs"). These Administration costs are charged over and above the Selling Price to the Buyer and are due to United Wardrobe. The Administration costs are always stated clearly in the ordering process that the Buyer follows.
- The Service fee and Administration costs are due to United Wardrobe after the order has been completed and all payments regarding this order have been made.
Article 6 - Order and shipping
- The Seller will carefully monitor the email address linked to the Account, so that he is aware in good time of information that United Wardrobe sends in connection with the order.
- In accordance with the Service Levels, the Seller must ship the Item within five (5) working days after confirmation of the order or agree to an alternative shipping date with the Buyer via the chat application, which may not exceed fourteen (14) days.
- On shipment, the Seller will make use of the shipping method as chosen by the
Buyer. In offering the Items, the Seller chooses among the following
a. Integrated shipment: if the Seller opts for an integrated shipment, then, when an Item is ordered, the Seller receives a courier company's shipping label from United Wardrobe who takes care of the shipping method selected by the Buyer. United Wardrobe takes care of this shipping label for the Seller and also receives the relevant track-and-trace code. The Seller is obliged to use this shipping label and its corresponding shipping instructions. The shipment risk in this case is on the part of the Buyer. Note that if the seller does not use the shipping label and its corresponding shipping instructions, then the shipment risk is on the part of the seller.
b. Non-integrated shipment: if the Seller opts for a non-integrated shipment, then the Seller takes care of shipping the order on his own accord via the shipping method (courier company) that the Buyer has selected. The Seller therefore takes care of the required shipping label (or any other form of postage) on his own accord. The shipment risk in this case is on the part of the Seller, if he does not make use of shipment via track-and-trace.
- When placing an Item on the Platform, the Seller indicates the size of the
parcel and in doing so, selects the number of postage stamps, a small parcel
or a large parcel. Based on this information and the associated rates of the
available courier companies, the following "Shipping methods" are
available to the Buyer:
- Home delivery service: if the Buyer selects this, the order will be shipped to the address provided by the Buyer. For this purpose, the Seller receives the address stated by the Buyer.
- Pick-up point: if the Buyer selects this, the order will be shipped to the pick-up point selected by the Buyer. For this purpose, the Seller gets the details of the pick-up point.
- Pick-up from home: if the Buyer selects this, the Buyer must fetch the order. Via the chat application, the Buyer and Seller are in a position to agree to a preferred meeting point.
- The Seller takes care of a sound packing of the parcel and must clearly state the shipping address as specified on the packing slip. In addition, the Seller must clearly state the return address, in case delivery is not possible or if the Buyer wants to return the parcel.
- If the Buyer bids on an Item, then this bid is binding. If the bid is accepted by the Seller, the Buyer is bound to pay the bid price. United Wardrobe is entitled to define further rules for placing a bid.
- If the Buyer's bid is accepted, the Buyer must settle payment of the bid price within forty-eight (48) hours. If the Buyer does not settle payment within this time limit, the Seller may cancel the sale without providing any reason.
- Ownership of the delivered products will be transferred from Seller to Buyer
at the time that:
- The Buyer has paid the purchase price of the Items; and
- The Buyer has received the Item; and
- The Buyer has either indicated to want to keep the Item (via the "Approval" button), or has not submitted a return request within the prescribed time limit.
- If an order has not been completed after thirty (30) days, United Wardrobe
will actively seek the final status of the order based on tracking data and
interaction data between the Buyer and Seller:
a. If the order has not yet been marked as 'shipped', the order will be cancelled;
b. If the order is marked as 'shipped' but no final status is shown, United Wardrobe will take one of the following actions:
i. Complete the order;
ii. Cancel the order;
iii. Mediate between the Buyer and Seller to arrive at a solution.
Article 7 - Returns and cancellations
- If the Buyer has purchased an Item, then until the time that the Item is shipped, both the Buyer and Seller have the possibility of submitting a cancellation request via the 'Cancel Order' button.
- If the Seller has shipped the Item and the Buyer has not yet received the Item after seven (7) days, the Buyer has the possibility of submitting a cancellation request, likewise via the 'Cancel Order' button.
- The cancellation request as referred to in the previous articles will initially be assessed by the Seller (if the Buyer submits the request) or the Buyer (if the Seller submits the request). Via the chat application as defined in article 10, the Buyer and Seller can communicate with each other on the reason for the cancellation request. If the Buyer or Seller has not approved or rejected the cancellation request within three (3) days, the request is automatically approved. If the cancellation request is rejected, this request will automatically be forwarded to United Wardrobe. In such a case, United Wardrobe will take a binding decision about the cancellation request. The Buyer and Seller indemnify United Wardrobe for claims for compensation of damages by virtue of this decision.
- If the Buyer receives an Item that is not in accordance with the Seller's advertisement, then within four (4) days after receipt, the Buyer has the right to submit a return request via the 'Return' button. An Item is not in accordance with the advertisement if the Item has significant and unmentioned damages or defects, a different size is shown in the label than in the advertisement, or if the Item otherwise differs significantly from the photographs and description of the advertisement.
- In the first instance the return request will be assessed by the Seller. If the Seller has not approved or rejected the return request within three (3) days, the request is automatically approved. If the Seller rejects the return request and the Buyer returns the Item anyway, this request will automatically be forwarded to United Wardrobe. In such a case, United Wardrobe will take a binding decision about the return request. The Buyer and Seller indemnify United Wardrobe for claims for compensation of damages by virtue of this decision.
- If the return request is approved by the Seller or United Wardrobe, the Buyer must return the Item within five (5) days after acceptance of the return request to the Seller. The costs for return will be borne by the Buyer.
- The purchase price paid by the Buyer and the shipping costs will be refunded by Stripe as soon as possible after the return shipment, but no later than within fourteen (14) days after receipt of the Item by the Seller. The Administration costs paid by the Buyer will not be refunded.
- If the Buyer submits a return request, the Buyer himself is responsible for delivery of documentary evidence (photographs and written document) to show that the Item was not in accordance with the advertisement as meant in article 8.4.
Article 8 - Payments
Payments via the Platform are handled by Stripe. Stripe has a license from De Nederlandsche Bank N.V. which authorises Stripe to provide payment services and is therefore compliant with related laws and regulations. At no stage is United Wardrobe in possession of sums of money owed by the Buyer or Seller.
All payments made through the Platform are subject to the Stripe Connected Account Agreement and the Stripe Services Agreement, as may be amended from time to time by Stripe. These conditions can be consulted at: stripe.com/en-nl/connect-account/legal and stripe.com/en-nl/legal.
In order to fulfil its legal obligations, Stripe will request certain information from the Seller to verify its identity. Stripe may request additional information at a later stage. This additional information can include documents to be uploaded, for example identity documents or proof of address. United Wardrobe is not involved in this verification and the information obtained by Stripe is not shared with United Wardrobe. Stripe will not be able to pay any money to the Seller until the requested information has been supplied by the Seller to Stripe.
If the order is approved by the Buyer, the Selling Price minus the Service fee will be paid out to the Seller within twenty-four (24) hours. If the Buyer does not approve the purchase, the Seller will be paid within the following time limit:
a. If the Buyer has not lodged any complaints or has made a return request, the payment will be initiated within four (4) days of the Buyer confirming receipt of the order on the Platform. The Seller will be paid within twenty-four (24) hours after these four (4) days have lapsed.
b. In the case of an Integrated Shipment: If, within four (4) days of United Wardrobe's verification, based on the track-and-trace code that the order has been received by the Buyer, and the Buyer has not lodged any complaints nor made a return request in this period, the payment will be initiated. The Seller will be paid within twenty-four (24) hours after this period of four (4) days has lapsed.
c. In the case of an Non-Integrated Shipment: Fourteen (14) days after shipment by the Seller, on the provision that the Buyer has not lodged any complaints about the shipment nor made a return request, payment will be initiated. The Seller will then be paid within twenty-four (24) hours after this period of fourteen (14) days has lapsed.
United Wardrobe is not responsible for payment to the Seller within the aforementioned periods and is not involved in the settlement of the payments. United Wardrobe will always inform Stripe of the approval or receipt of the order by the Buyer. If United Wardrobe believes there is reason, United Wardrobe will instruct Stripe to suspend or cancel payment to the Seller.
The Seller is not entitled to accept payments made directly to it by the Buyer. In such a case, the Seller will refund the amount received to the Buyer and point out to the Buyer that payment may only take place via the Platform.
If the Purchase Agreement is cancelled at the request of the Buyer or Seller, Stripe will return to Buyer the purchase price and shipping costs paid by the Buyer within twenty-four (24) hours (after Stripe has been notified of the request for cancellation by United Wardrobe). The Administration costs paid by Buyer will only be returned to the Buyer if the entire order is cancelled. United Wardrobe is not liable to refund any amount to the Seller due to a Purchase Agreement being cancelled.
Orders that are placed before 26 July 2020 which are subsequently cancelled, will remain in United Wardrobe's systems up to one (1) year after the date of the order creation and will be dealt with by United Wardrobe without Stripe's involvement. In this period, United Wardrobe will use emails and push notifications to try to ascertain the IBAN of the Buyer so that a refund of the paid money can take place. If the Buyer does not make its IBAN available within one (1) year, despite various reminder requests from United Wardrobe, United Wardrobe will complete the order and the Buyer will no longer be able to recover the amount paid.
Article 9 - Privacy
- United Wardrobe only provides personal data of the Buyer to the Seller which is necessary for the Seller to establish the Purchase Agreement ("Customer Data"). United Wardrobe cannot guarantee the accuracy of the personal data supplied by the Buyer.
- The Seller guarantees that he will only approach Buyers in connection with implementation of the Purchase Agreement and the obligations arising from it, and that he will never exploit or use this Customer Data commercially, nor furnish the same to a third party. On contravention of the provision in this article, the Seller is liable for all damages suffered by United Wardrobe and the Buyer.
Article 10 - Chat communication between Buyer and Seller
- To ease communications between the Buyer and Seller, United Wardrobe has developed a chat application so that the Buyer and Seller can contact each other. The chat application is made available at the time that the Buyer confirms the order.
- All communication that takes place via this chat application is stored on United Wardrobe's servers. United Wardrobe will not actively monitor this communication, but it is able to install automatic filters to detect any unlawful content and problems. United Wardrobe will only inspect the communication at the time that a User submits a specific complaint or if the automatic filter detects unlawful content or a problem.
Article 11 - Intellectual property
- United Wardrobe is the exclusive owner of all current and future intellectual property rights, such as, but not limited to patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, intellectual property rights and processes (the "Intellectual Property Rights") in respect of the Platform and the underlying code.
- The User guarantees to be the exclusive owner of all Intellectual Property Rights to the information that the User shares on the Platform, such as, but not limited to photographs and descriptions of Items.
- United Wardrobe will be granted a non-exclusive license by the User to use any materials provided by the User to United Wardrobe. United Wardrobe may also use this information in communications and advertisements in all media for the range offered on the Platform. The User guarantees to be authorised to grant this license to United Wardrobe, without infringing applicable legislation and regulations or the rights of third parties.
- Under no circumstances may the User file or register a trademark or domain name or logo containing the element United Wardrobe or 'UW' or an element with a similar appearance. Prior approval must be obtained in writing from United Wardrobe for any use by the User of United Wardrobe's logos.
Article 12 - Liability
- The User is fully responsible and liable for use of the Platform.
- Unless there is intent or deliberate recklessness on the part of United Wardrobe, United Wardrobe is not liable in any way for the User's damages or costs of whatsoever nature in connection with use of the Platform, the Account, the information shared by the User on the Platform or the Items, such as but not limited to, damages and costs due to the lack of a proper functioning of the Platform, technical faults and unlawful information on the Platform. United Wardrobe cannot be and is not responsible for compliance of the User's obligations.
Article 13 - Miscellaneous
- Users may never act as an agent or representative of United Wardrobe and, in particular, they may not undertake any commitments or obligations for or on behalf of United Wardrobe. The User will fully indemnify United Wardrobe for any damages or costs of whatsoever nature arising from non-fulfilment of this article.
Article 14 - Applicable law and competent court