General Conditions Buyer; Reliving

General Conditions Buyer

TERMS AND CONDITIONS BUY FROM Reliving

May 1, 2020 version

Article 1 - Definitions.

Environment: Reliving.nl, and any other application designated by Reliving.

Platform: the environment in which products are offered to Users by third parties.

User: any visitor to the Environment.

Seller(s): a third party, being a natural person who offers products to Users via the Platform.

Customer: a User of the Environment who proceeds to purchase a product via the Platform.

Purchase Agreement: the agreement that is concluded between the Seller and a Customer due to the purchase by the Customer of a product from the Seller via the Platform.

Article 2 – Reliving

Reliving, Witte de Withstraat 32HS, 1057XZ Amsterdam

Article 3 - Applicability

These terms and conditions apply to the order and purchase of products from the Seller via the Platform (hereinafter: Terms and Conditions of Purchase from Sellers). These conditions can also be consulted on the Reliving Environment, see, among other things, www.Reliving.nl).

Any Customer who places an order for a product that is offered by a Seller within the Environment, accepts the applicability of these Terms and Conditions buying from sellers.

The provisions of these Terms and Conditions for purchasing from sellers can only be deviated from in writing with the consent of the parties involved, in which case the other provisions will remain in full force and effect.

These Buy from Sellers Terms apply to both buyers who qualify as consumers and buyers who qualify as business buyers.

All rights and claims, as stipulated in these Terms and Conditions for Buying Reliving from Sellers and in any further agreements for the benefit of Reliving, are also stipulated for the benefit of intermediaries and other third parties engaged by Reliving, expressly including the Seller(s).

Reliving has the right to change these Terms and Conditions of Purchase from Sellers from time to time. The amended terms and conditions will apply as soon as they are published on the site. If a buyer subsequently places an order for a product as offered by another Seller, he thereby accepts the applicability of the amended Terms and Conditions of Purchase from Sellers. It is therefore recommended that you review these Buying from Sellers Terms before placing an order for any product from a Seller.

Article 4 - Customer Account

The Customer must at least meet the following requirements:

the Customer must have a customer account with Reliving;

the Customer can be reached by e-mail.

Reliving is entitled not to process orders for items from Sellers or to attach different conditions to it.

The Customer is responsible for the use made of his username and password. Reliving therefore advises the Customer to use a unique password and to keep this password carefully secret.

The Customer is not entitled to allow others to use his account.

The Customer agrees to act in accordance with the Buy from Sellers Terms and Conditions and all applicable laws and regulations.

The Customer is responsible for the correctness of the data in its own account.

Article 5 - Purchase

The Customer acknowledges that the Purchase Agreement is concluded between the Customer and the Seller (the third party that offers the product(s) for sale via the Environment) and that Reliving is not and/or does not become a party to this agreement. The Purchase Agreement is concluded if and as soon as the Customer proceeds to purchase the product offered by the Seller.

In case of questions and/or complaints about the products purchased by the Customer from the Seller, the Customer must contact the relevant Seller directly. The purchaser acknowledges that Reliving is in no way liable, including but not limited to any defectiveness of the purchased product. Reliving does not warrant and is not responsible for the fulfillment of Seller's or Customer's obligations.

In the event of a dispute between the Seller and the Customer about whether or not products have been shipped or returned, the Seller and the Customer must first attempt to resolve this among themselves. If the Seller and the Customer cannot reach a solution, Reliving will endeavor to find a solution between the Buyer and the Seller. The seller is obliged to cooperate in a solution. If Buyer and Seller fail to reach a solution, Reliving will make a binding decision upon request. Being able to submit a proof of shipment by the Seller or the Customer will be leading in this. The Seller and the Customer indemnify Reliving against claims for compensation arising from its decision.

Article 6 - Order and delivery

A Customer can place an order with Reliving through the normal ordering process for a product offered by a Seller.

The Customer will receive an order confirmation from Reliving.

The ownership of the delivered items only transfers if the Customer has paid all that the buyer owes the Seller in respect of the order in question.

The Buyer chooses from the following "Shipping Methods":

Postal Shipping : If Buyer chooses postal shipping, Reliving 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 seller is obliged to use this shipping label and the associated shipping instructions. Reliving is not liable for any damage or loss incurred during the shipment of the item.

Transport: Reliving provides door-to-door transport and does it in collaboration with an external transport company. This means that a single transporter will be present and this one will not help with lifting. Additional costs are charged for lifting. The Buyer must be available on weekdays between 09:00 - 18:00 to receive the order. If a specific period has to be agreed, additional costs will be charged. In addition, it is not always possible to book all transports through our transport company. Items that are larger than the dimensions of the buses will have to be booked through an additional party such as Brenger or Pickthisup. Additional additional costs will be for the buyer. If the buyer does not agree with the additional costs, the order can be canceled free of charge.

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

If the Buyer makes an offer on an Item, this offer is binding. If the offer is accepted by the Seller, the Buyer is obliged to pay the price offered. Reliving is entitled to set further rules for placing a bid.

If Buyer's offer is accepted, Buyer must complete payment of the bid price within twenty-four (24) hours. If the Buyer does not complete the payment within this period, the Seller may cancel the purchase without further explanation.

Article 7 - Compensation and payment

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 Seller within twenty-four (24) hours. In the case of Postal Shipping, Reliving will make the payment within four (4) days after verifying that the order has been received by the Buyer based on the track-and-trace code.

If the Customer purchases a second-hand product from a Seller, the Customer owes a transaction fee in the amount of €2.00 for the Customer's use of the Platform on which the Purchase Agreement is concluded, which amount is payable by Reliving in addition to the purchase price. Customer is charged, and as such forms part of the invoice, and benefits Reliving.

The Customer owes Reliving the purchase price of the product purchased from the Seller via the Platform and is not discharged of its payment obligation by direct payment to the Seller. Payment by the Customer can only be made through Reliving.

If the payment term is exceeded, the Customer is in default from the day that payment should have been made. Reliving is entitled to charge the Customer default interest and/or administration costs from that day, as well as the collection costs, without prejudice to Reliving's authority to claim the extrajudicial collection costs actually incurred.

The Seller has irrevocably granted Reliving the right to exercise the collection rights arising from the purchase agreement between the Customer and the Seller on behalf of Reliving and to the exclusion of the Seller.

Reliving will handle claims against the Customer in accordance with its normal collection policy.

Article 8 - Provisions applicable to purchase from Seller(s)

If a Customer purchases a product via the Platform from a Seller being a natural person or second-hand shop, the Customer has the right to return this order within 14 (fourteen) days ('right of withdrawal'). This is only allowed if the photo(s) of the advertisement do not correspond to the received product, the dimensions in the received product deviate from the advertisement or the product has significant damage that has not been communicated. If any other reason is given, Reliving may decide whether it is legitimate or not. To facilitate the handling of a return, the customer will inform Reliving, prior to the return andWithin 14 (fourteen) days, to be informed of the return by using the return function at My Orders within the Environment. The Customer will make every effort to return the item to the relevant Seller within 24 hours after the Customer has reported the return to Reliving.

During this period of 14 (fourteen) days, the Customer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the Seller.

If the Customer has exercised his right of withdrawal in the prescribed manner, the costs of return will be for his account. The transaction costs paid by the Customer will not be refunded by Reliving. The amount already paid by the Customer (with the exception of the transaction costs) will be refunded by Reliving as soon as possible, but no later than 30 days after the return or cancellation.

After receipt and approval of the product by the Customer, he can decide to waive his right of withdrawal. By indicating as a Customer that he wishes to keep the product, the right of withdrawal is waived and the purchase amount is made available to the Seller. This excludes any form of refund to the Customer.

If a Seller does not accept an order within six (6) working days, Reliving will notify the Customer within eight (8) working days after the Customer has placed the order that his order has not been accepted and will return any payment already received by Reliving in this regard. .

In the highest exception and only in consultation, the Buyer has two (2) months at the latest to collect the Order. If this term has expired, Reliving has the right to offer the Article again on the Platform without returning the purchase amount to the Buyer.

Article 9 - Information and use of data

Customer will carefully monitor his e-mail and telephone so that Customer can take cognizance of information sent to Customer by Reliving and/or the Seller in a timely manner.

Reliving is not liable for late or unclear information or for obvious clerical errors, regardless of who the information comes from or to whom this information is provided.

The Customer declares that it is aware of and agrees that its name and address details and email address will be provided to the Seller insofar as these are necessary to implement the Purchase Agreement/order. The Seller is only entitled to use the Customer's data insofar as this is necessary in the context of handling and executing the Purchase Agreement/order.

Article 10 - Miscellaneous

Reliving may restrict, disallow, or revoke certain privileges or block the use of the account or the ability to order, deny or limit Sellers' items through Reliving, depending on a trader's history. Customer; this is at the sole discretion of Reliving.

If for a short or longer period of time, whether tacitly or otherwise, Reliving permits deviations from the Terms and Conditions for Buying from Sellers, this does not affect its right to demand immediate and strict compliance with the Terms and Conditions for Buying from Sellers. The Customer can never assert any rights based on the fact that Reliving applies the Terms and Conditions of Purchase from Sellers flexibly at any time.

If one or more of the provisions of the Terms and Conditions for Buying Reliving from Sellers or of the Rules of Procedure should conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible provision to be determined by Reliving , as much as possible with due observance of the tenor of the relevant provision.

Reliving is at all times entitled to no longer make the functionalities for the benefit of the offer of Sellers on the Reliving website available.

Article 11 - Applicable law

The Terms and Conditions for buying from sellers, the purchase or sale of items by Sellers via the Reliving website and the Purchase Agreement between the Customer and the Seller are exclusively governed by Dutch law. All disputes between the parties will be submitted to the competent court.