Terms and Conditions Private Sales Through United Wardrobe
Version from 22 November 2016
Below are the "terms and conditions for private sales through United Wardrobe". We kindly ask you to read it carefully. By signing on as a private seller by United Wardrobe, you acknowledge that you accept and will comply with these Terms and Conditions, including all appendixes.
Article 1 - Definitions
- United Wardrobe: United Wardrobe BV, Chamber of Commerce 64193632 Establishment number 000028321987, Neude 11, 3512 AE, Utrecht
- Environment: unitedwardrobe.com and any other application designated by United Wardrobe
- Platform: the environment in which third parties can offer their Products, that fall into the Product categories designated by United Wardrobe, to Users.
- User: every visitor of the Environment
- Terms and conditions: These terms and conditions private sales through United Wardrobe, including all attachments.
- Private Seller(s): any individual person who has created a Sales Account, accepted these Terms and Conditions and have been accepted as a Seller by United Wardrobe.
- Sales Account: the account created by the Private Seller in the Environment.
- Products: all used items which United Wardrobe has indicated may be offered by Private Sellers in the environment.
- Customer: a User of the Environment who proceeds to purchase a Product through the Platform.
- Purchase Agreement: the agreement that is made between the Private Seller and the Customer for the purchase by the customer of an Products from the Private Seller through the Platform.
- Content: (part of) the specifications of Products in the Environment, which specifications and Products that can be modified by United Wardrobe at any time, consisting of but not limited to text, illustrations and technical specifications that United Wardrobe make available to the benefit of the Private Sellers.
- United Wardrobe Brands: the United Wardrobe names and logos, and other insignia.
- Fee: the commission that the Private Seller is charged by United Wardrobe on the selling price, consisting of a fixed and a variable component.
- Price: Price including shipping, any disposal cost, VAT and excluding service fees.
Article 2 - Sales Account
- Each Private Seller must create a Sales Account before he can offer and sell Products on the Platform.
- Registration as a Private Seller implies acceptance of the Terms and Conditions including all attachments, including to prevent misunderstandings, explicit understanding of the Manual for Private Sellers and the obligation to comply with the Terms and Conditions.
To act as a Private Seller the Private Seller must:
- have an account with United Wardrobe;
- have created a Sales Account in the Environment;
- confirm they have accepted the Terms and Conditions;
- have a Dutch, Belgian or French bank account;
- have a Dutch, French or Belgian postal address.
- The Private Seller has the right, from the creation of the Sales Account, to offer Products on the Platform that are in accordance with the Terms and Conditions.
- The Private Seller shall only be entitled to create one (1) Sales Account, which may only be used for the provision of Products, which are owned by the private seller.
- The Private Seller is at all times fully responsible for the use of his username, password, and / or Sales Account. United Wardrobe is always entitled to, for reasons of its own, suspend the use of the Sales Account of the Private Seller.
- If the Private Seller fails to meet any payment obligation to United Wardrobe, then under these Terms United Wardrobe is entitled to suspend the use of the Sales Account by Private Seller, until this commitment is fulfilled.
- The Private Seller is not entitled to let others make use of his Sales Account.
- The Private Seller is not entitled to directly or indirectly sell Products to themselves .
- The Private Seller is responsible for the accuracy of the information in his Sales Account.
Article 3 - Supply
- The Private Seller may offer solely used Products. Products must meet the requirements contained in the Guide for Private Sellers.
- United Wardrobe will be solely entitled to determine which Product categories and / or subcategories may be offered on the Platform and / or can be added to the platform, and from what date such is possible. United Wardrobe also has the right to remove Product categories and / or subcategories of the Products on the platform without the Private Seller being able to take law in force on United Wardrobe as a result. United Wardrobe reserves the right to exclude certain Products from the Product categories and / or subcategories.
- The Product categories and/or subcategories at United Wardrobe that are and/or will be made available are listed in the Guide for Private Sellers, said Guide, including the Product categories and/or subcategories, may be amended unilaterally by United Wardrobe from time to time.
- United Wardrobe is free to no longer allow certain Products of the Private Seller on the Platform. The Private Seller shall discontinue the offer of the relevant Products immediately and stop at the request of United Wardrobe. Should the Product nevertheless still be offered on the platform, then United Wardrobe is entitled not remove the supply of the relevant Product.
- United Wardrobe is entitled to remove the by the Private Seller offered Products or listed information regarding the offer or to not to include on the site if it is incorrect or misleading in the opinion of United Wardrobe, or contrary to these conditions or, at the discretion of United Wardrobe, is decided it can be harmful to the reputation of United Wardrobe, Platform or third parties.
Article 4 - Ordering and Delivery
- A User can place an order through the normal ordering process at United Wardrobe for a Product offered by Private Seller.
- The Private Seller shall monitor his email carefully so that the Private Seller can be up to date with information sent by United Wardrobe to the Private Seller.
- An order for a Product offered by Private Seller shall then be processed in accordance with the 'Guide for Private Sellers'
- The Private Seller will send the order with the use of the packing slip/invoice that was made available for that purpose by United Wardrobe. This delivery note also serves as an invoice for the customer. The Private Seller will print the packing slip on blank paper and will make no changes to it.
- The Private Seller acknowledges that through the Platform only orders from the Netherlands, Belgium and France with a Dutch, Belgian or French delivery address may be accepted .
- If there is an international shipment, the Private Seller will be compensated by the Buyer who will be charged an additional fee during the ordering process. The additional fee will be € 5.50 for shipments from Belgium to the Netherlands and € 6, - for shipments from the Netherlands to Belgium. The Private Seller agrees that such compensation shall be paid after the return period has expired and the sale is completed.
Article 5 - Customer Relations
- If a Client on the Platform proceeds to purchase a Product offered by a Private Seller, a Purchase Agreement is concluded between the Private Seller and Customer.
- The Private Seller acknowledges That United Wardrobe is not a party to the Purchase Agreement and / or will be. However, the Customers will need to accept the "Terms and Conditions Buying from Other Sellers' before proceeding to the conclusion of a Purchase Agreement with the Private Seller through the Platform. These conditions are and agreement between United Wardrobe and the Customer and Applies to the service to be provided by United Wardrobe, being the platform, and the use thereof by the Customer. United Wardrobe is Entitled to change "Terms and Conditions Buying from Sellers" from time to time.
- The Private Seller is responsible, at own expense and risk, for the correct fulfillment of the Purchase Agreement. The Private Seller acknowledges that in accordance with the provisions of these Terms and Conditions buying from other sellers, the Customer may apply to United Wardrobe. The Private Seller shall indemnify United Wardrobe against any claim from the Customer to United Wardrobe, as a result of or in connection with the conclusion and / or execution of the Purchase Agreement.
- The Private Seller acknowledges that United Wardrobe applies Service levels as listed in Annex 1 and that United Wardrobe reserves the right to block the Sales Account if the private seller does not meet these service levels. United Wardrobe reserves the right to modify the service levels.
- The so-called "after-sales", including but not limited to customer service, warranty and settlement returns, is entirely at the risk and expense of the Private Seller. The Private Seller agrees to answer received questions from customers within two (2) days of twenty-four (24) hours.
- The Private Seller is obliged to offer Products as well as the execution of the Purchase Agreement in accordance with the applicable laws and regulations and the Terms and Conditions Buying from Other Sellers (United Wardrobe, as amended from time to time). The Private Seller is not entitled to deviate from this or to sell to a customer outside the Platform.
- United Wardrobe sends customers after the Purchase Agreement has been concluded a confirmation email. All contact with the Customer is in accordance with the provisions of the Manual for Private Sellers. The Private Seller authorizes United Wardrobe hereby irrevocably to communicate directly with the Customer on behalf and for the account and risk of the Private Seller without United Wardrobe being party to the Purchase Agreement.
Article 6 - Payments
- The Private Seller must pay United Wardrobe a fee per Product sold on the Platform unless the relevant Product is returned by the Customer within fourteen (14) days as a result of the termination of the Purchase Agreement. This fee is 10% of the total sale price. The Private Seller acknowledges that United Wardrobe is allowed twice a year to adjust the amount of the fee for each sub-category and/or Product categories. The Private Seller is informed of this seven (7) days prior.
- United Wardrobe will set the platform so that customers pay to United Wardrobe. United Wardrobe will collect payments from customers. United Wardrobe at all times reserves the right to not accept Customers. The Private Seller hereby grants to United Wardrobe the irrevocable right in the name of United Wardrobe and the exclusion of the Private Seller to exercise the collection rights arising from the Purchase Agreements.
- The Private Seller is not entitled to accept payments made by the customer directly to him. The Private Seller shall, in that case, refund the Customer for the amount received by the customer and indicate that payment may be made only through United Wardrobe. The result Private Seller accepts that payment by a customer in United Wardrobe liberates a Customer from his obligation to pay to the private seller.
- The Private Seller acknowledges that Customer will be charged a service fee for each Product sold, for the use by the Customer of the platform on which the Purchase Agreement is concluded to the amount of, the by United Wardrobe decided amount, on top of the purchase price and benefits United Wardrobe.
- If a Purchase Agreement is resolved within fourteen (14) days after delivery of the relevant Product, then United Wardrobe will return the payment directly to the Customer within the period as stated in the General Conditions of the Dutch Home Shopping Organization. If a Purchase Agreement is terminated after fourteen (14) days, the Customer should contact the Private Seller directly for reimbursement. United Wardrobe is not a party and is not involved in whether or not to refund the sum paid by the client and/or the exchange of the Product. United Wardrobe is not required to reimburse the Private Seller for a Purchase Agreement that was dissolved fourteen (14) days after delivery of the relevant Product and United Wardrobe is entitled to retain the commission.
Article 7 - United Wardrobe Services
- The Private Seller may be eligible for payment of a certain sum by United Wardrobe under the guarantee policy to offset the loss of the Private Seller in case the customer fails to make payment. It is the sole discretion of United Wardrobe to decide if a private seller, in respect of a particular order, is eligible for the guarantee and what the maximum guarantee amount is for which Private Seller, in this case, will be eligible. United Wardrobe will inform the Private Seller if an order is not covered by any guarantee ("own risk"). If the private seller accepts the order, nevertheless, the Private Seller accepts also the payment risk in respect of the fact that the amount is not covered and United Wardrobe shall never be liable for payment.
- The payments received by United Wardrobe will be, after the deduction of the fee, in accordance with Article 6.1 of these Terms and Condition, paid into the account specified by the Private Seller. Payments received By United Wardrobe from the customers are in principle held by United Wardrobe for approximately twenty (21) days. Payment or affected payments received by United Wardrobe happens daily, after the said period has expired. United Wardrobe makes an invoice for these payments. After the reservation period of approximately twenty (21) days referred to in this paragraph, the relevant payment will be transferred, on the next payment moment, to the private seller.
Article 8 - Privacy
- United Wardrobe provides the Private Seller with solely the personal data of the Customer (the Customer Data) that is necessary for the private seller to give effect to the Purchase Agreement, including the so-called after-sales obligations. This is at least the name and address (the address data).
- The Private Seller guarantees that they will only approach the Customers in connection with the execution of the Purchase Agreement and the obligations under the Purchase Agreement and will never exploit the Customer Data or use it commercially. Even after termination of the Sales Account is the private seller not entitled to exploit Customer Data for commercial use. In the case of a violation of the provisions of this article, the Private Seller is liable for all damage suffered by United Wardrobe.
The Private Seller shall treat all Customer Data in accordance with all applicable laws and regulations (including but not limited to the Data Protection Act). United Wardrobe does not guarantee the accuracy of the (supplied by customers) (personal) data.
Article 9 - Email communication between the Private Seller and Customer
- United Wardrobe has, with the purpose of aiding the communication between the Private Seller and the Customer (including after sales obligations as mentioned in article 5.5), built an e-mail application, which allows both the Private Seller as the Customer to email with each other and get in touch via their respective accounts. This leaves the right of the customer to phone contact with the Private Seller unaffected.
All communications via this email application goes through United Wardrobe's servers and can be saved, accessed and used by United Wardrobe to:
- to support the private seller and/or the Customer in case of questions and/or problems;
- analyse and asses possible process improvements
- The Private Seller hereby explicitly consents and gives United Wardrobe permission to see, store and use the communication taking place via this email application, in accordance with paragraph 2 of this article.
- The communication through these e-mail application by will be stored by United Wardrobe for up to two years .
Article 10 - Guarantees and commitments
- The Private Seller declares and guarantees that he is capable of accepting these Terms and Conditions in addition to the Guide to Private Sellers, and is able to comply with and grant the rights protected in these agreements.
The Private Seller declares that:
- Products will only be offered in the Product categories that have been made available by United Wardrobe;
- the Product she offers are all secondhand.
- The Products she is offering are all her property, the offer is not misleading or otherwise in violation of any applicable law or regulation, she is entitled to offer these Products for sale and that the offered Products are always the original Products and are not counterfeit;
- Products are functioning properly and show no defect;
- The Products she has on offer and the (Product) information she supplies do not infringe on any rights (including, but not limited to rights of intellectual property);
- the conduct of the Private Seller and/or Products from the Private Seller's collection will not damage United Wardrobe's reputation and/or image or the Environment in any way.
- they always act in accordance with the guidelines and instructions of United Wardrobe with respect to installation and use of the Platform.
- The Private Seller shall indemnify United Wardrobe against all damage claims against United Wardrobe due to non-compliance with the rules of this article.
- The private seller is prohibited from sending advertment material to the Customer amongst the delivery of Products or send any other commercial messages in any other way.
Article 11 - Intellectual property rights
- United Wardrobe obtains a non-exclusive non-transferable right to use the word and image branding of the private seller whilst the Private Seller is offering Products on the Platform on the Environment as well as in communication and advertising in all media on behalf of (the supply) Platform.
- The Private Seller acknowledges that all (intellectual property) rights on the Environment, the design, content and all United Wardrobe Brands and logos remain the property of United Wardrobe and may in no way be used by the Private Seller without the prior written consent of United Wardrobe. The Private Seller will always fully respect the intellectual property rights and all other rights of exclusive nature of United Wardrobe and others.
- The Private Seller shall in no case use in its own name, a trademark or domain name containing the United Wardrobe and/or 'UW' elements or similar elements. For any use of United Wardrobe logos written approval from United Wardrobe must be obtained, prior to use by the Private Seller.
Article 12 - Termination United Wardrobe Private Seller
- United Wardrobe reserves the right to, not grant a Sales Account, without having to supply a reason to the Private Seller, to impose additional requirements for the grant of a Sales Account, blocking a Sales Account already created or terminate the Private Seller account with immediate effect. For example, this will be the case if United Wardrobe suspects that the Private Seller has infringed one or more of the applicable conditions, there is fraud, the use of the Sales Account disrupts the proper functioning of the Greater United Wardrobe or at the discretion of United Wardrobe can be harmful to the reputation of United Wardrobe or third parties.
- United Wardrobe is also entitled to at all times to block functionalities for the Private Seller.
Article 13 - Consequences of termination Private Seller
If the Private Seller account, for whatever reason, is terminated:
- the Sales Account will be blocked
- The Private Seller is no longer entitled to use the Content, the Product and the United Wardrobe Brands (where that right already existed).
- The Private Seller can not claim any compensation by United Wardrobe in connection with the termination of the Private Seller citizenship by United Wardrobe and the Retail Seller hereby waives any right to any (damage) compensation.
Article 14 - Liability
- The Private Seller is fully responsible for the use of the Sales Account.
- The Private Seller shall exempt United Wardrobe from all damages claims and / or costs of any kind whatsoever arising out of the failure of one or more obligations under these Terms and Conditions.
- The Private Seller undertakes in its activities under this Agreement, all applicable privacy acts, and regulations, which is now the Data Protection Act, to comply fully and indemnify United Wardrobe for all damages and/or costs of whatever nature.
- Unless there is intentional and/or gross negligence by United Wardrobe, United Wardrobe is in no way liable for damages and / or costs of whatever kind of the Private Seller in connection with the use of the Platform, the Sales Account , the Content and/or Products, including but not limited to - damage and costs due to the improper functioning of the platform, technical failures, improper Content Information etc. United Wardrobe does not guarantee and is not responsible for the fulfillment of the obligations of the Private Seller or Customer.
- Should the exemption from liability provided for in article 14.4 be declared wholly or partially invalid by a competent court, or unenforceable, the Parties hereby now agree that United Wardrobe, in this case, will only be liable for direct demonstrably suffering / incurred loss / expense (excluding consequential / indirect damages / costs) and the liability for such direct damages / costs will never amount to more than € 100, - (one hundred euros) per year.
Article 15 - Miscellaneous
- The Private Seller will never present themselves as an agent or representative of United Wardrobe and will in particular not make promises or undertake obligations for or on behalf of United Wardrobe. The Private Seller shall indemnify United Wardrobe in full for all damages and / or costs of any kind whatsoever arising out of the failure of this article.
- The Private Seller shall not be entitled to transfer his / her Private Seller citizenship (a part of) to a third party, unless United Wardrobe has given its written consent to this effect.
- The Private Seller agrees that United Wardrobe may inform her from time to time, by e-mail from United's Wardrobe known email address, about the use and capabilities of the Platform and/or Sales Account, including but not limited to the operation and (any further) (application) capabilities of the Platform and/or the Sales Account (so-called. service messages).
Article 16 - Applicable law and competent court
The Private Seller Policy and Private Seller shall be exclusively governed by Dutch law and disputes will be submitted to the competent Dutch court.
Appendix 1: service levels
Private Seller shall comply with the following service levels, which will determine the level of service from private seller to Customers;
- The article must be sent within 5 business days after the confirmation (payment) of the order;
- Answer customer questions within 24 hours.