General Conditions Seller; Reliving

General Conditions Seller

TERMS OF USE PRIVATE SALES VIA RELIVING

May 1, 2020 version

Below you will find the 'Terms of Use for private sales via Reliving'. We kindly ask you to read these carefully. By registering as a private 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 furniture 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 private sales through Reliving , including all attachments.

Private Seller(s): any natural person who has registered a product by email, has accepted these terms of use and has been accepted by Reliving as a seller.

Sales account: the account created by the Private Seller in the Environment.

Articles: all second-hand products of which Reliving has indicated that they may be offered by Private 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 Private Seller and a Customer due to the purchase by the Customer of an Item from the Private 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 Private Sellers .

Reliving Marks: the Reliving word and figurative marks, as well as other distinguishing marks.

Fee: the commission charged by Reliving to the Private 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 - Sales account

Every Private Seller must register with Reliving before he can sell Items on the Platform.

Registration via the platform as a Private Seller implies acceptance of the terms of use that are available on the website, including all attachments.

In order to act as a Private 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.

After registration, the Private Seller is entitled to offer Items on the Platform in accordance with the terms of use.

The Private Seller is only entitled to register one (1) time, which may only be used for listing Items owned by the Private Seller.

Reliving is at all times authorized for reasons of its own to suspend the use of the Sales Account by the Private Seller.

If the Private Seller fails to fulfill any payment obligation towards Reliving, whether or not under these Terms of Use, Reliving is entitled to suspend the Private Seller's use of the Sales Account until such payment obligation has been met.

The Private Seller is not entitled to sell Items directly or indirectly to itself.

The Private Seller is responsible for the accuracy of the data in its Sales Account.

Article 3 - Offer

The Private Seller can only offer second-hand Items. The Items must meet the conditions for Private Sellers.

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 Private 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 have been and/or will be made available by Reliving can be found on the Platform. The product categories and/or subcategories may be unilaterally changed by Reliving from time to time.

Reliving is free to no longer allow the Private Seller to offer certain Items on the Platform. The Private Seller will accept the offer discontinue and discontinue the relevant Article 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 reserves the right not to include or remove from the site the offer or certain information provided by the Private Seller with regard to the offer if, in Reliving's opinion, this is 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 4. Order and delivery

A User can place an order with Reliving through the normal ordering process for an Item offered by the Private Seller.

The Private Seller will carefully monitor his e-mail and telephone so that the Private Seller can take cognizance of the information sent by Reliving to the Private 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) business days.

Seller will use the shipping method chosen by Buyer for shipment. The Buyer chooses from the following: "Shipping Methods":

Parcel Shipping: If Buyer chooses parcel 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 while sending the item by post.

Transport : if the Buyer chooses transport, Reliving will transfer the delivery to a transport company. The Seller ensures that it is available on weekdays between 09:00 - 18:00 to meet the delivery person of the transport company. The Seller is also obliged to put the Article ready at the door and to help the delivery person lift it if necessary. In addition, it is not always possible to have all transports transported via our transport company. Items that are larger than the dimensions of the buses will have to be booked through an external 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. This should not take longer than fourteen (14) business days

5. The seller ensures proper packaging of the package, which may logically be expected in relation to the fragility of the Item. Reliving is not liable for any damage or loss incurred while sending the item by post.

6. 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

7. Ownership of the delivered Items is transferred from the Seller to the 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 5 - Customer relationship

If a Customer of the Platform proceeds to purchase an Item offered by the Private Seller, a Purchase Agreement is concluded between the Private Seller and the Customer.

The Private Seller acknowledges that Reliving is not and/or will not be a party to this Purchase Agreement. However, Customers will have to accept the "Buying terms and conditions from other sellers" before Customers can enter into a Purchase Agreement with the Private Seller through 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 reserves the right to change the “Buying Terms and Conditions from Other Sellers” from time to time.

The Private Seller is responsible for the proper fulfillment of the Purchase Agreement at its own expense and risk. The Private Seller acknowledges that in accordance with the provisions of these terms of use and the General Terms and Conditions of purchase from other sellers, the Customer may contact Reliving. The Private Seller will indemnify Reliving against any claim made by a Customer towards Reliving, as a result of or in connection with the conclusion and/or execution 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 Private Seller. The Private Seller guarantees that any questions it receives from Customers will be answered within twenty-four (24) hours.

The Private Seller is obligated to make its offer as well as the performance of the Purchase Agreement in accordance with applicable laws and regulations and to purchase the General Terms and Conditions from other sellers (of Reliving , as amended from time to time). The Private Seller is not entitled to deviate from this or to (re)conclude the sale with a Customer outside the Platform.

Reliving will send Customers a confirmation by email after the Purchase Agreement has been concluded. For the rest, contact with the customer takes place directly with the Private Seller. The Private Seller hereby irrevocably authorizes Reliving to communicate directly with the Customer on behalf and at the expense and risk of the Private Seller without Reliving becoming a party to the Purchase Agreement.

Article 6 - 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 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.

Reliving charges a fee on top of the Private Seller's asking price. This fee is 19% per item sold. Unless the relevant Item has been returned by the Customer within fourteen (14) days as a result of the dissolution of the Purchase Agreement. The Private Seller acknowledges that Reliving is entitled to unilaterally adjust the amount of the Fee for each subcategory and/or product category twice a year. The Private Seller will be notified seven (7) days prior to entry.

The Private Seller is not entitled to accept payments made to it directly by the Customer. In that case, the Private Seller will refund the amount received to the Customer and point out to the Customers that payment can only be made to Reliving. The Private Seller hereby accepts that a payment by a Customer to Reliving releases the Customer from its obligation to pay the Private Seller.

The Private Seller acknowledges that for each Item that is sold, the Customer owes a service fee for the Customer's use 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 benefits 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. If a Purchase Agreement is dissolved after fourteen (14) days, the Customer must contact the Private Seller directly in order to have a payment returned. Reliving is not a party to this and is not involved in the refund or non-refund of the amount paid by the Customer and/or the exchange of the relevant item. Reliving is not obliged to reimburse any amount to the Private Seller because of a Purchase Agreement that is terminated fourteen (14) days after delivery of the relevant Item and Reliving is entitled to retain the commission.

Article 7 - 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 Private Seller as soon as the purchaser has confirmed the sale.

Article 8 - Privacy

Reliving only provides the Private Seller with the personal data of the Customers (hereinafter: Customer Data) insofar as this Customer Data is necessary for the Private 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 Private 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 deregistration of products, the Private Seller is not entitled to not to commercially exploit or use Customer Data. In the event of violation of the provisions of this article, the Private Seller is liable for all damage suffered by Reliving.

The Private 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 9 - Warranties and obligations

The Private Seller represents and warrants that it has the right to accept, abide by and grant the rights it grants hereby.

The Private Seller warrants 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 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 Private Seller and/or the Private Seller's Items will not damage the reputation and/or image of Reliving or the Environment;

it acts in accordance with the Terms of Use for Private Sales, the General Terms and Conditions of Purchase from Other Sellers, 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 Private Seller is responsible for keeping the offer on Reliving up to date. If the Item is sold on another platform, the Private Seller is obliged to inform Reliving about this within one (1) hour.

The Private Seller will indemnify Reliving against any and all damages from claims against Reliving as a result of failure to comply with the warranties of this section.

The Private Seller is not permitted to send advertising statements with the delivery of Articles to the Customers, or to otherwise deliver commercial statements to the Customers.

Article 10 - Intellectual property rights

Reliving obtains the non-exclusive, non-transferable right to use the Private Seller's figurative and word mark as long as the Private 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 Private 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 not be used in any way by the Private Seller without Reliving's prior written consent. used. The Private Seller will always fully respect the intellectual property rights and all other rights of an exclusive nature of Reliving and third parties.

The Private Seller will under no circumstances deposit and/or register in its own name, 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 11 - Termination of Reliving Private Sellership

Reliving is at all times entitled, without giving any reason, not to allow a Private 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 entitled at all times to no longer make the functionalities available to the Private Seller.

Article 12 - Consequences of termination of Private Sellership

If the Private Sellership is terminated for any reason:

the Sales account is blocked;

the Private Seller is no longer entitled to use the Content, the Articles and the Reliving Marks (to the extent that such right already existed).

The Private Seller cannot claim any compensation from Reliving in connection with the termination of n the Private Sellership by Reliving and the Private Seller hereby waives any right to any compensation or damages.

Article 13 - Liability

The Private Seller is fully responsible and liable for the use of Reliving.

The Private Seller fully indemnifies Reliving against all damage and/or costs of whatever nature resulting from the non-fulfilment of one or more obligations under these terms of use.

The Private 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 Private 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 Private 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 14 - Miscellaneous

The Private Seller will never impersonate an agent or representative of Reliving and in particular will not make any representations or obligations for or on behalf of Reliving . The Private Seller fully indemnifies Reliving against all damage and/or costs of whatever nature resulting from the non-compliance with this article.

The Private Seller is not entitled to transfer (part of) his/her Private Sellership to a third party, unless Reliving has given its prior written permission to do so.

Reliving reserves the right to change these Terms of Use for Private Sellers at any time. The amended Terms of Use for Private Sellers will be effective upon posting to the Environment. In the event that the amended terms of use for Private Sellers are not acceptable to the Private Seller, the Private Seller is entitled to terminate the Private 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 Private 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 emails).

The Private Seller agrees that Reliving may use its email address as a User ID for internal tracking.

Article 15 - Applicable law and competent court

The Private Seller Terms and Conditions and the Private Sellership are exclusively governed by Dutch law and disputes will be submitted to the competent Dutch court.

Appendix 1: service levels

Private Seller will meet the following service levels, which determine the level of Private Seller's service to Customers;

Send the Item within 5 working days after the confirmation (payment) of the order;

Answer Customer questions within 24 hours.