General Conditions Business Seller
TERMS OF USE BUSINESS SALES VIA RELIVING
Version of December, 2022
Below you will find the 'Terms of Use for Business Sales via Reliving'. We kindly ask you to read these carefully. By registering as a Business Seller through Reliving, you agree to accept and comply with these Terms of Use including all attachments.
Article 1 - Definitions
Reliving: marketplace for second-hand interior and home accessories
Environment: reliving.nl and any other application designated by Reliving.
Platform: the environment in which third parties can offer their products, falling within product categories designated by Reliving, to Users.
User: any visitor to the Environment.
Terms of Use: These terms of use for business sales through Reliving , including all attachments.
Business Seller(s): any person who offers second-hand items professionally or part-time as a hobby and who has been brought in by Reliving as a so-called 'powerseller' and who has accepted these terms of use.
Sales account: the account created by Reliving in the Environment.
Articles: all second-hand products of which Reliving has indicated that they may be offered by Business Sellers in the Environment.
Customer: a User of the Environment who proceeds to purchase an Item via the Platform.
Purchase Agreement: the agreement that is concluded between the Business Seller and a Customer due to the purchase by the Customer of an Item from the Business Seller via the Platform.
Content: (part of) the specifications of Articles in the Environment, which specifications and Articles can be adjusted by Reliving at any time, consisting of, among other things, text, images and technical specifications, which Reliving makes available for the benefit of the Business Sellers .
Reliving Marks: the Reliving word and figurative marks, as well as other distinguishing marks.
Fee: the commission charged by Reliving to the Business Seller on the Sales Price, consisting of a fixed component.
Sales price: price excluding shipping or delivery costs, excluding any disposal fee, including VAT and including the service fee.
Article 2 - Main Terms and Conditions Business Buyer
The Business Seller margin that is charged varies and depends on the type of cooperation Reliving has with the Business Seller. If a test period has been agreed, the margin is based on the test period of 2 months.
There is an amount of €2 transaction costs on top of the asking price, but this will be paid by the Reliving Buyer.
As a Business Seller you ensure that the items function properly and do not show any defects. If there is any damage or defect, this must be clearly stated in the advertisement text and photos.
As a Business Seller, you will be asked to ship a sold item within five (5) business days of order confirmation.
As a Business Seller, you will use the shipping method chosen by the Reliving Buyer for shipment. The Reliving Buyer chooses from the following "Shipping Methods":
Postal shipping : if the Buyer chooses postal shipping, the seller will receive a PostNL shipping label from Reliving via email. Reliving creates this shipping label and also receives the relevant track-and-trace code.
Transport : if the Buyer opts for transport, Reliving will transfer the delivery to a transport company. By means of a planning system, Buyer and Seller can agree on the date of delivery. The Business Seller is obliged to have the item ready and packed at the door and to help the courier lift if necessary.
Pick-up on location: if the Buyer chooses for pick-up, the buyer will pick up the order himself. Reliving will then connect the buyer and the Business Seller via an online chat in the online Reliving environment to agree on the desired collection date and time. The buyer and Business Seller receive the invitation for this online chat in their mail.
Reliving sets up the Platform in such a way that buyers pay Reliving online. If the order is approved by the buyer, the sale price minus the compensation will be paid to the seller within 3 working days. In the case of postal shipment and transport, Reliving will make the payment within 3 days after verifying that the order has been received by the Buyer using the track-and-trace code.
The Business Seller is not permitted to enter into price negotiations with the Reliving Buyer outside of Reliving.
It is not allowed for the Business Seller to advertise its own company name on the Reliving platform. Private and Business Sellers are referred to on the platform by their personal first name.
The return policy is designed in such a way that the Reliving Buyer is only allowed to return if an item does not match the advertisement text and/or photos.
The Business Seller is not on a contract bound and can terminate the collaboration at any time.
Article 3 - Sales account
Every Business Seller must register with Reliving before he can sell Items on the Platform.
Registration via the platform as a Business Seller implies acceptance of the terms of use that are available on the website, including all appendices, including, to avoid misunderstanding, the obligation to comply with the terms of use.
In order to act as a Business Seller, the Private Seller must:
to be registered with Reliving;
to confirm that the terms of use have been accepted;
to have a Dutch or Belgium payment account;
to have a Dutch or Belgium postal address.
4. After registering, the Business Seller is entitled to offer Items on the Platform in accordance with the terms of use.
5. The Business Seller is only entitled to register one (1) time, which may only be used for listing Items owned by the Business Seller.
6. Reliving is at all times authorized for reasons of its own to suspend the use of the Sales Account by the Business Seller.
7. If the Business Seller fails to fulfill any payment obligation towards Reliving, whether or not under these Terms of Use, Reliving is entitled to suspend the Business Seller's use of the Sales Account until this payment obligation has been met.
8. The Business Seller is responsible for the correctness of the data in its Sales Account. If data needs to be changed, this must be reported to team Reliving.
Article 4 - Offer
The Business Seller can only offer second-hand Items and art.
Reliving is solely entitled to determine which product categories and/or subcategories may be offered on the Platform and/or added to the Platform, as well as from which time this becomes possible. Reliving is also entitled to remove product categories and/or subcategories from the offer on the Platform, without the Business Seller being able to assert any right to Reliving as a result. Reliving reserves the right to exclude certain Items from the product categories and/or subcategories.
The product categories and/or subcategories that are and/or are made available by Reliving, including the product categories and/or subcategories, may be unilaterally changed by Reliving from time to time.
Reliving is free to no longer allow the Business Seller to offer certain Items on the Platform. The Business Seller will discontinue the offer of the relevant Item with immediate effect at the request of Reliving. Should the Product nevertheless still be offered on the Platform, Reliving is entitled to remove the offer of the relevant Article itself.
Reliving is entitled not to include on the site or to remove from the site the offer or certain information stated by the Business Seller with regard to the offer if this is in Reliving's opinion incorrect or misleading, or contrary to these conditions or, in the opinion of Reliving, may be harmful to the reputation of Reliving, the Platform or third parties.
Article 5. Order and delivery
A User can place an order with Reliving through the normal ordering process for an Item offered by the Business Seller.
The Business Seller will carefully monitor his e-mail and telephone so that the Business Seller can take cognizance of the information sent by Reliving to the Business Seller in a timely manner.
In accordance with the Service Levels, Seller will ship the Item within five (5) business days of order confirmation or notify Reliving of an alternative shipping time, which may not exceed fourteen (14) days.
The Business Seller will use the shipping method chosen by the Buyer for shipment. The Buyer chooses from the following "Shipping Methods":
Postal Shipping: If Buyer chooses postal shipping, Reliving's Business Seller will receive a shipping label from the courier company providing the Shipping Method selected by Buyer. Reliving creates this shipping label and also receives the relevant track-and-trace code. The Business Seller is obliged to use this shipping label and accompanying shipping instructions.
Transport : if the Buyer opts for transport, Reliving will transfer the delivery to a transport company. By means of a planning system, sent via e-mail, Buyer and Seller can agree on the date of delivery. The Business Seller ensures that he/she is available during the week to receive the courier from the transport company. The Business Seller is also obliged to put the Article ready and well packed at the door and to help the courier lift it if necessary.
Pick-up from home: if the Buyer chooses this, the Buyer will collect the order himself. Reliving will then connect the buyer and the Business Seller via an online chat in the online environment to agree on the desired collection date and time. The Buyer and Business Seller receive the invitation for this online chat in the mail.
The Business Seller ensures proper packaging of the package, which may logically be expected in relation to the fragility of the Item.
If an item is not properly packed by the Business Seller, resulting in the item to arrive damaged this is the seller's own responsibility. Reliving reserves the right to withhold or partially do the payout to reimburse the buyer.
If the Buyer makes an offer on an Item, this offer is binding with regard to the price. If the offer is accepted by the Business Seller, the Business Seller is obliged to accept the price offered. The offer is not binding with regard to the sale. The Buyer may still cancel the purchase despite the offer being accepted by the Business Seller. Reliving is entitled to set further rules for placing a bid.
Ownership of the delivered Items is transferred from Business Seller to Buyer at the moment that:
Buyer has paid the purchase price of the Items to Reliving; and
Buyer has received the Item; and
Buyer has not submitted a return request within the specified period.
Article 6 - Transportation
The transport is carried out by an external partner. The following conditions apply here.
1. Conditions transport
- The order can be carried out by one person
- Weight: 0kg - 30kg
- Max. dimensions: 150x100x50cm
- Delivery Monday - Friday
- Availability between 08:00 - 18:00
Lifting assistance must be added, or someone must be present to help with lifting if:
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Weight: 30kg - 60k
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Max. dimensions: 250x150x100cm
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Floor level service is possible
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Floor level service not possible when >60kg
- Additional Services
If a transport is booked, the following costs can be added to the basic price if necessary:*
- Storey Delivery: €10 (ex VAT) (up to and including 4th floor via stairs)
- 2-man delivery: differs per distance, can be requested.
- Lift: €25 (ex VAT)
Additional services can only be booked after the ordering process.
*If the courier on location (both pick-up and delivery location) finds out that the transport needs one of the above mentioned services (and he can perform it), but this is not indicated in the order, the price will be increased with one of the above mentioned amounts after agreement of the booking customer.
- Cancellation or change of transport
- 0% cancellation/amendment fee: cancelled/amended 48 hours before transport
- 50% cancellation/modification fee: cancelled/modified between 48 and 24 hours before transport
- 75% cancellation/change fee: cancelled/changed within 24 hours before transport
- 100% cancellation fee: after courier leaves with order at pickup location.
- 175% cancellation charge: after returning an order when delivery was unsuccessful
These fees are also charged in the following situations within one of the aforementioned cancellation/change periods
- Incorrect address booked
- The order cannot be carried out by one person, but there is no luggage assistant booked or someone present who can help with lifting.
- Consumer turns out not to be home even though all emails with day and time are sent correctly from Brenger.
- No floor selected and courier does not get it upstairs
- Product does not fit inside
- Wrong product delivered
Next steps in case of a wrongly booked transport:
- Same day execution: if it has to be done the same day, the rush fee of 100% will be added to the basic price.
- Next day execution: If it must be carried out the next day, the 75% rush fee will be added to the basic price.
- Next day execution: The basic price applies again.
4. Occurrence of damage
The transport is insured against damage, theft and/or misappropriation up to an amount of €1000,- including VAT per order. If it occurs during transport.
If the recipient does not sign for damage free receipt, a report must be made within 48 hours after delivery. Pictures of the damage, as observed at the delivery address should be sent to Brenger(info@brenger.nl). Mention in the e-mail also the ID number of the transport and state how the damage occurred.
The insurance provides coverage during the transport period from front door (pick-up address) to front door (delivery address). The insurance does not apply to:
- a. Damage to the product caused during transport / lifting (with or without the help of the Carrier) prior to or after the transport within the building / house of the pick-up address or delivery address.
- b. Damage to a product larger than 400x180x160 cm, or heavier than 100 kg, which must be loaded and/or unloaded using equipment.
- c. Damage caused by the (de)assembly of goods.
- d. The Carrier is not liable for damage to the product that could not reasonably have been detected at the collection address. For example, internal damage that is not visible on the outside of the product upon collection.
Products must be packed under the following conditions. In case of negligence no claim can be made under the damage insurance.
- a. Products must be packed throughout with cardboard, thick plastic or bubble wrap. Shrink wrap alone is not sufficient.
- b. Corners and protruding points should be packed 2 layers.
- c. Glass, natural stone, paintings and fragile materials such as lamps should be packed with cushioning material such as foam rubber so that they can be stacked for transport.
- d. Cabinet doors must be closed and shelves secured or removed from the cabinet.
Damage caused by a one-man delivery during the loading and unloading of the product with a side longer than 100 cm, heavier than 35 kg and therefore not liftable by one man and where no additional lifting aid was available, is not covered by the insurance. If it is established on location that the available lifting aid is not physically fit enough (e.g. pregnant or elderly), a signature has to be provided for damage-free receipt before loading or unloading.
6. Transport costs will not be reimbursed by Bringer and/or the insurance company. The transport costs are at the expense of the client, regardless of the status of the delivery of the product.
Please note that we do not deliver on the West Frisian Islands.
Article 7 - Customer relationship
If a Customer of the Platform proceeds to purchase an Item offered by the Business Seller, a Purchase Agreement is concluded between the Business Seller and the Customer.
The Business Seller acknowledges that Reliving is and/or will not be a party to this Purchase Agreement. However, Customers will have to accept the "Buyer Conditions" before Customers can enter into a Purchase Agreement with the Business Seller via the Platform. These terms and conditions apply between Reliving and the Customer and relate to the service to be provided by Reliving, being the Platform, and the use thereof by the Customer. Reliving is entitled to change the “Buyer Conditions” from time to time.
The Business Seller is responsible for the proper fulfillment of the Purchase Agreement at its own expense and risk. The Business Seller acknowledges that in accordance with the provisions of these Terms of Use and the Purchaser General Terms and Conditions, the Customer may contact Reliving. The Business Seller will indemnify Reliving against any claim that a Customer makes against Reliving, as a result of or in connection with the conclusion and/or performance of the Purchase Agreement.
The so-called 'after sales', including but not limited to customer service, warranty and settlement of returns, is entirely at the expense and risk of the Business Seller. The Business Seller guarantees that questions it receives from Customers will be answered within twenty-four (24) hours.
The Business Seller is not entitled to (re)close the sale with a Customer outside the Platform if the contact is initiated by the Reliving platform.
Reliving will send Customers a confirmation by email after the Purchase Agreement has been concluded. For the rest, contact with the customer is in accordance with the provisions of the conditions. The Business Seller hereby irrevocably authorizes Reliving to communicate directly with the Customer on behalf and at the expense and risk of the Business Seller without Reliving becoming a party to the Purchase Agreement.
Article 8 - Payments
Reliving sets up the Platform in such a way that Buyers pay Reliving. If the order is approved by Buyer, the Sale Price less the Fee will be paid to the Business Seller within 3 working days. In the case of Postal Delivery and Transport, Reliving will make the payment within four (4) days after verifying that the order has been received by the Buyer by means of the track-and-trace code.
Reliving works with the Business Seller in two different ways.
Manually; Reliving charges a fee on top of the Business Seller's asking price. This fee is 19% per sold Item and is covered by the buyer.
Automatically; The commission charged by Reliving is determined based on a number of factors. Ask for the these fase factors and the commission if you are a business seller.
If the relevant Article is returned by the Customer within fourteen (14) days, this will result in the dissolution of the Purchase Agreement.
The Business Seller acknowledges that Reliving is entitled to unilaterally adjust the amount of the Fee for each subcategory and/or product category three times a year. The Business Seller will be informed of this seven (7) days prior to entry.
The Business Seller is not entitled to accept payments made directly to him by the Customer. In that case, the Business Seller will refund the amount received to the Customer and point out to the Customers that payment can only be made to Reliving. The Business Seller hereby accepts that a payment by a Customer to Reliving releases the Customer from its obligation to pay the Business Seller.
The Business Seller acknowledges that the Customer pays a service fee for each Item sold is owed for the use by the Customer of the Platform on which the Purchase Agreement is concluded in the amount of which amount will be charged to the Customer by Reliving in addition to the purchase price and will accrue to Reliving.
If a Purchase Agreement is dissolved within fourteen (14) days after delivery of the relevant Item, Reliving will return the payment directly to the Customer, within the term as stated in the general terms and conditions of the Dutch Home Shopping Organization.
Article 9 - Reliving services
Payments received by Reliving will be deposited by Reliving, after deduction of the Fee as determined in Article 6.1 of these Terms of Use, into the account number specified by the Business Seller as soon as the purchaser has confirmed the sale.
Article 10 - Privacy
Reliving only provides the Business Seller with the personal data of the Customers (hereinafter: Customer Data) insofar as this Customer Data is necessary for the Business Seller to execute the Purchase Agreement, including the so-called after sales obligations. This concerns in any case name, address and place of residence (hereinafter: name and address details).
The Business Seller guarantees that it will only approach the Customers in connection with the execution of the Purchase Agreement and the obligations arising from the Purchase Agreement and that it will never commercially exploit or use this Customer Data. Even after deregistering products, the Business Seller is not entitled to commercially exploit or use Customer Data. In the event of violation of the provisions of this article, the Business Seller is liable for all damage suffered by Reliving.
The Business Seller will treat all Customer Data in accordance with all applicable laws and regulations (including but not limited to the Personal Data Protection Act). Reliving does not guarantee the correctness of the (personal) data (supplied by Customers).
Article 11 - Warranties and obligations
The Business Seller represents and warrants that it has the right to accept, abide by and grant the rights it grants hereby and these Terms of Use.
The Business Seller guarantees that:
only Items will be offered in the product categories opened up by Reliving;
the Items it offers are second-hand items;
the Items offered by it are its property, the offer is not misleading or otherwise contrary to applicable laws or regulations, that it is authorized to offer and dispose of these Items for sale and that the Items offered are always the original Items and it does not concern counterfeit goods;
the Items function properly and show no essential defect;
the Articles offered by it and the (product) information provided by it do not infringe any rights (such as, but not limited to, intellectual property rights);
the actions of the Business Seller and/or Items of the Business Seller will not damage the reputation and/or image of Reliving or the Environment;
it acts in accordance with the terms of use, the ''Buyer Conditions'', as well as all applicable laws and regulations;
it acts at all times in accordance with Reliving's guidelines and instructions regarding the installation and use of the Platform.
The Business Seller is responsible for keeping the offer on Reliving up to date. If the Item is sold on another platform, the Business Seller is obliged to inform Reliving about this within one (1) hour.
The Business Seller will indemnify Reliving against any and all damages from claims against Reliving arising from failure to comply with the warranties of this section.
The Business Seller is not permitted to send advertising statements with the delivery of Articles to the Customers, or to deliver commercial statements to the Customers in any other way.
Article 12 - Intellectual property rights
Reliving obtains the non-exclusive non-transferable right to use the Business Seller's logo and word mark as long as the Business Seller offers Articles on the Platform on the Environment as well as in communication and advertising expressions in all media for (the offer of) the Platform.
The Business Seller acknowledges that all (intellectual property) rights in the Environment, the design, the Content and all Reliving Brands and logos are and remain the property of Reliving and may in no way be used by the Business Seller without the prior written consent of Reliving. used. The Business Seller will always fully respect the intellectual property rights and all other rights of an exclusive nature of Reliving and third parties.
Under no circumstances will the Business Seller deposit and/or register a trademark or domain name registration containing the element Reliving and/or 'YOUR' or a similar element or logo. Any use of Reliving logos by the Private Seller requires prior written approval from Reliving.
Article 13 - Termination of Reliving Business Sellership
Reliving is at all times entitled, without giving a reason, not to allow a Business Seller on the platform, or to remove products already offered. This will be the case, for example, if Reliving suspects that one or more of the applicable terms and conditions are being violated, there is fraud, the use of the Sales Account disrupts the proper functioning of the Reliving Environment or, in Reliving's opinion, could be harmful. are for the good name of Reliving or third parties.
Reliving is also at all times entitled to no longer make the functionalities for the Business Sellership available.
Article 14 - Consequences of termination of Business Sellership
If the Business Sellership is terminated for any reason:
the Sales account is blocked;
the Business Seller is no longer entitled to use the Content, the Articles and the Reliving Marks (to the extent that such right already existed).
The Business Seller cannot claim any compensation from Reliving in connection with the termination of the Business Sellership by Reliving and the Business Seller hereby waives any right to any compensation or damages.
Article 15 - Liability
The Business Seller is fully responsible and liable for the use of Reliving.
The Business Seller fully indemnifies Reliving against all damage and/or costs of whatever nature that arise from the non-fulfilment of one or more obligations under these terms of use
The Business Seller undertakes in its activities under this agreement to fully comply with all applicable privacy laws and regulations, currently the Personal Data Protection Act, and indemnifies Reliving against all damage and/or costs of any kind in this regard.
Unless there is intent and/or gross negligence on the part of Reliving, Reliving is in no way liable for damage and/or costs of any kind incurred by the Business Seller in connection with the use of the Platform, the Sales Account, the Content and/or the Articles, such as but not limited to - damage and costs as a result of the improper functioning of the Platform, technical malfunctions, incorrect Content information, etc. Reliving does not guarantee and is not responsible for the fulfillment of the obligations of the Business Seller or the Customer.
In the event that the exclusion of liability as referred to in Article 13.4 is wholly or partially annulled or annulled by a competent court, the parties hereby already now agree that Reliving will in that case only be liable for the direct demonstrably suffered/incurred damage/loss. costs (excluding consequential/indirect damage/costs) and this liability for these direct damage/costs in total will never exceed €100 (in words: one hundred euros) per year.
Article 16 - Miscellaneous
The Business Seller will not make any commitments or obligations for or on behalf of Reliving. The Business Seller fully indemnifies Reliving against all damage and/or costs of whatever nature resulting from the non-compliance with this article.
The Business Seller is not entitled to transfer (part of) his/her Business Sellership to a third party, unless Reliving has given its prior written permission for this.
Reliving reserves the right to change these terms of use at any time. The amended terms of use will be effective from the moment they are posted on the Environment. In the event that the amended terms of use are not acceptable to the Business Seller, the Business Seller is entitled to terminate the Business Sellership.
If any provision of these Terms of Use should be in conflict with applicable law, this provision will be amended in such a way that it will be in accordance with applicable law, as far as possible with due observance of the purport of the relevant provision.
The Business Seller agrees that Reliving will inform it from time to time by e-mail at the e-mail address known to Reliving about the use and possibilities of the Platform and/or Sales Account, such as but not limited to the functioning and (possibly new) (application) possibilities of the Platform and/or the Sales Account (so-called service mails).
Article 17 - Applicable law and competent court
The Business Seller Terms and Business Sellership are excluded is governed by Dutch law and disputes will be submitted to the competent Dutch court.
Appendix 1: service levels
The Business Seller will meet the following service levels, which determine the level of service provided by the Business Seller to Customers;
Send the Item no later than 5 working days after the confirmation (payment) of the order;
Answer Customer questions within 24 hours.