Terms and Conditions Buying from Sellers
Version from 22 November 2016
Article 1 - Definitions.
- Environment: Unitedwardrobe.com, and any other application designated by United Wardrobe.
- Platform: the areas in which Products are provided by third-parties to Users.
- User: any visitor of the Environment.
- Seller(s): a third party, being a natural person who offers Products to Users through the Platform.
- Customer: a User of the Environment who proceeds to purchase a Product through the Platform.
- Purchase Agreement: the agreement that is made between the Seller and a Customer due to the purchase by the Customer of a Product provided by the Seller through the Platform.
Article 2 – United Wardrobe
United Wardrobe: United Wardrobe BV, Chamber of Commerce 64193632 Establishment number 000028321987, Vinkenburgstraat 2a, 3512 AB, Utrecht
Article 3 - Applicability
- These conditions apply to the ordering and buying of Products from a Seller through the Platform (hereafter: Terms and Conditions buying from sellers). These conditions are also available on the United Wardrobe Environment, see (https://unitedwardrobe.com).
- Every Customer who places an order for a Product offered by a seller within the Environment agrees to the applicability of these Terms and Conditions buying from sellers.
- Deviation from the provisions in this Terms and Conditions Buying from Sellers, is only allowed with explicit written permission from both parties, in which case all other provisions will remain intact.
- These Terms and Conditions Buying from sellers apply to both buyers that qualify as consumers, as buyers who qualify as business buyers.
- All rights and claims, as in these Terms and Conditions United Wardrobe for buying from sellers, and any further agreements for the benefit of United Wardrobe, are also stipulated for the by United Wardrobe appointed intermediaries and other third parties, including expressly the Seller(s).
- United Wardrobe maintains the right to change the terms and conditions buying from sellers from time to time. When changes are made they will be effective immediately from the moment of publication on our website. if a buyer subsequently places an order for a Product offered by another Seller, it thereby accepts the applicability of the amended Terms and Conditions Buying from Sellers. It is, therefore advisable to consult these terms and conditions before placing an order with a Seller.
Article 4 - Customer account
- The Customer must meet the following criteria:
- the Customer must have an account with United Wardrobe;
- the Customer must be reachable by email.
- United Wardrobe has the right to not process orders for Products from sale or, to attach different conditions.
- The Client is responsible for the use made of his username and password. United Wardrobe advises the Customer to use a unique password and keep it carefully.
- The Customer is not entitled to let others make use of his account.
- The Customer agrees to act in accordance with the Terms and Conditions buying from sellers and all applicable laws and regulations.
- Customer is responsible for the accuracy of the data in the account.
Article 5 - Buying
- The Customer acknowledges that the Purchase Agreement is made between the Customer and the Seller (the third party offering the Product / Products via the Environment in sales) and United Wardrobe is not a party to this Agreement nor will it ever be. The Purchase Agreement is concluded if and when the Customer proceeds to purchase the Product offered by the Seller.
- For questions and/or complaints about the Product purchased by the Customer from the Seller, the Customer should contact the relevant Seller directly. The buyer acknowledges that United Wardrobe is in no way liable, including but not limited to any defectiveness of the Product purchased. United Wardrobe does not guarantee and is not responsible for the fulfillment of the obligations of the Seller and the Customer.
- In the event of a dispute between the Seller and the Customer about whether or Products were sent or returned, the Seller and the Customer should first try to solve it themselves. If the Seller and the Customer do not reach a solution, United Wardrobe will endeavor to find a solution between Buyer and Seller. The seller is obliged to cooperate to find a solution. If the Buyer and Seller do not reach a solution United Wardrobe can be asked to make a binding decision.The main goal in this will be getting the Seller to provide a proof of shipment for the Customer. Seller and Customer will safeguard United Wardrobe from claims of damages arising from its decision.
Article 6 - Ordering and Delivery
- A Customer can place an order for a Product offered by a Seller using the normal ordering process at United Wardrobe.
- The Customer will receive an invoice from United Wardrobe and a packing slip from the Seller.
- The ownership of Products is transferred only if the Customer has complied with what the buyer owes to the Seller in respect of the relevant order.
Article 7 - Fee and payment
- If a Customer purchases a used Product from a Seller, then the Customer owes a transaction fee amounting to € 1.99 (Bancontact or iDEAL payment), € 2.49 (PayPal payment) or € 2.99 (credit card payment) payable for the use by the Customer of the platform on which the Purchase Agreement is concluded, the amount will be charged by United Wardrobe on top of the purchase price, and as such is part of the invoice, and benefits United Wardrobe.
- The Customer owes the price of the Product purchased through the Platform from the Seller to United Wardrobe and is not released from this obligation to pay if he has already made a direct payment to the Seller. Payment by the customer can only be made via United Wardrobe.
- If the Customer exceeds the payment term, the Customer is in a state of omission and United Wardrobe is entitled to, from the day the payment should have been made, charge the Customer with delay interest and/or administration costs. This does not affect United Wardrobe's right to claim the relevant extrajudicial collection costs.
- The Seller has irrevocably granted the right to United Wardrobe to, in the name of United Wardrobe and excluding the Seller, exercise the collection rights arising from the purchase agreement between the Customer and the Seller.
- United Wardrobe will handle claims against the Customer in accordance with its normal debt collection.
Article 8 - Provisions applicable to purchase from Sellers
- If a Customer buys a Product through the Platform, from a Seller who is an individual (so-called private seller), the Customer has the right to return it within 14 (fourteen) days (right of withdrawal). This is only allowed if the picture(s) of the advertisement do not correspond with the Product received, the size of the Product received is different from what was advertised or there is significant Product damage, which has not been communicated. If there is another reason given United Wardrobe will decide whether it is legitimate or not. To advance the handling of a return, the Customer will inform United Wardrobe, prior to the return and within 14 (fourteen) days of the return, by using the return function in My Orders within the Environment. The Customer is committed to returning the Product to the relevant Seller within 24 hours after the Customer has reported the return to United Wardrobe.
- During this period of fourteen (14) days, the Customer will handle the Product and packaging carefully. He will only unpack the Product or use it to the extent as necessary to assess whether he wishes to keep the Product. If he exercises his right to withdraw, he will return the Product with all accessories and - if reasonably possible - in its original condition and packaging to the Seller.
- If the Customer has used his right of withdrawal in a prescribed manner, the cost of return shipping will be his to pay. Transaction costs paid by a Customer to United Wardrobe are non-refundable. The amount paid by the Customer for the Product will be refunded (excluding transaction costs) by United Wardrobe as soon as possible but no later than 14 days after the return or cancellation.
- Upon receipt and approval of the Product by the Customer, he can decide to keep a Product, in which case he also decides to waive his right to withdraw, in which case the Seller will receive payment for the Product. This will exclude any form of restitution to the Customer.
- If a Seller does not accept an order within six (6) days, United Wardrobe shall within eight (8) days after the Customer has placed the order inform the Customer that his order was not accepted and possibly he will be reimbursed.
Article 9 - Information and User data
- The Customer agrees to carefully monitor his email address so that the Customer is informed on time of communication sent between United Wardrobe and/or communication sent from Seller to Customer.
- United Wardrobe is not liable for late or unclear information or obvious typos, no matter from whom the information originates or who is provided this information.
- Customer declares to be aware of and to agrees that his name and address and email address be provided to the Seller to the extent necessary to give effect to the Purchase Agreement/order. Seller is only entitled to use the Customer's informaton to the extent necessary for the the execution of the Purchase Agreement/order.
Article 10 - Email communication between Customer and Seller
- To aid communication between the Customer and Seller United Wardrobe has built an email application. This application allows Customer and Seller to contact each other via their respective accounts. This leaves the Customer's right to contact the seller through the telephone intact.
- All communication via this app goes through and is saved on the United Wardrobe server and therefore can be seen and used for:
- The support of Customer and Seller when issues or questions arise.
- to assess whether the seller meets the requirements imposed; and
- Analysis of process improvements.
- With every use of the email application, the Customer is agreeing and giving United Wardrobe permission to store the communications to see and use in accordance with paragraph 2 of this article.
- United Wardrobe will keep communication that takes place in the email application for a maximum of two years.
Article 11 - Miscellaneous
- United Wardrobe reserves the right to limit, deny and revoke certain privileges, including blocking accounts and prohibiting or limiting the User's ability to buy Products from sellers on United Wardrobe, this is dependant on the past behaviour of a user and may only be decided by United Wardrobe.
- When United Wardrobe allows, for any length of time, deviations from the Terms and Conditions buying from sellers, this does not affect its right to demand immediate and strict compliance with the Terms and Conditions buying from sellers. The Customer can never assert any right by virtue of the fact that United Wardrobe implements the Terms and Conditions buying from sellers, appropriately at all times.
- If one or more provisions made in the Terms and Conditions buying from sellers or any procedural rules are in direct conflict with any applicable law then the offending provision will lapse and will be replaced by a United Wardrobe approved legally permissible provision. The scope of the provision will be taken into account as much as possible.
- United Wardrobe is entitled at all times to no longer available functionalities in favor of the offer of sale on the United Wardrobe website.
Article 12 - Applicable law
Dutch law applies to the Terms and Conditions buying from sellers, buying and selling from Sellers via the United Wardrobe website and the Purchase agreement between the Customer and the Seller. All disputes between parties will be submitted to the competent court.