General Conditions Business Seller; Reliving

General Conditions Business Seller

TERMS OF USE BUSINESS SALES VIA RELIVING

Version of February 24, 2021

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. After that, an evaluation will take place and the final sales margin will be determined in consultation.

There is an amount of €2 transaction costs on top of the asking price, but this will be recovered from the Reliving Buyer.

As a Business Seller you ensure that the items function properly and do not show any defects. If this is the case, 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. Reliving creates this shipping label and also receives the relevant track-and-trace code.

Transport : if the Buyer chooses transport, Reliving will transfer the delivery to a transport company. They will contact you about booking the transport. The Business Seller is obliged to have the item ready at the door and to help the deliverer with lifting if necessary.

Pick-up on location: if the Buyer chooses this, the buyer will pick up the order. Reliving will then contact the buyer and Business Seller via a chat to coordinate the desired collection date and time.

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 24 hours. In the case of postal shipment, 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 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 payment account;

to have a Dutch 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.

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 and 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 chooses transport, Reliving will transfer the delivery to a transport company. The Business Seller will be contacted within 24 hours by the Reliving transport partner to agree the date of the pick-up time. The Business Seller ensures that it is available during the week to receive the delivery person from the transport company. The business is alsoThe Seller is obliged to put the Item ready at the door and to help the delivery person lift if necessary.

Pick-up from home: if the Buyer chooses this, the Buyer will pick up the order. Buyer and Business Seller are contacted via a Whatsapp group created by Reliving to agree on the desired day and time.

The Business Seller ensures proper packaging of the package, which may logically be expected in relation to the fragility of the Item.

If the Buyer makes an offer on an Item, this offer is binding. If the offer is accepted by the Business Seller, the Buyer is obliged to pay the price offered. 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 - 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 7 - 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 twenty-four (24) hours. In the case of Postal Delivery, 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 recovered from the buyer.

Automatically; Reimbursement in consultation with the Business Seller. After the agreed test period, the final sales margin can be changed in consultation.

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 solde 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 8 - 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 9 - 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 10 - 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 11 - 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 12 - 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 13 - 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 14 - 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 15 - 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 16 - 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.