Account: the personal section created by a User, available after logging on to the Platform and which is managed by the User.
Advertisement: the description of an Item offered for sale through the Platform, including images.
Buyer: the User buying an Item.
Designer-Vintage: the company with limited liability Hearst Magazines Netherlands B.V.
established in Amsterdam and having its registered office in (1013BC) Amsterdam at Moermanskkade 500 and registered with the Chamber of Commerce under number 33210178.
Early Access Service: the extra service of Designer Vintage that gives Users early access to the most recent Items for the first 24 hours.
Information: all information posted by Designer Vintage on the Platform and/or made accessible through the Website, explicitly excluding User material.
Intellectual Property Rights: All intellectual property rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow.
Items: items offered for sale by Sellers being designer garments, bags, shoes or accessories.
Notification: a notification of unlawful User Material in accordance with Article 14.
Platform: the online sales platform that Designer Vintage offers as a service, where Users can buy and sell Items and communicate with each other offered through our Website.
Sales Contract: the agreement between Buyer and Seller for the sale or purchase of an Item via the Platform.
Secure Transfer Service: the extra verification service of Designer Vintage on the authenticity of a purchased Item for a safe(er) purchase.
Seller: the User that offers an Item for sale on the Platform by placing an Advertisement.
VIP Service: the extra service for Sellers where Designer Vintage takes care of the sale of Seller's Items on behalf of the Seller.
User: the natural or legal person who has created an Account and/or the natural or legal person who uses the Platform without registering.
User Material: information on the Platform that originates from Users or is accessed or made public through the Platform including, but not limited to, messages, Advertisements, photographs, descriptions, offers and/or announcements, whether they appear on the general part of the Platform or in any other part such as the chat feature.
Website: the website of Designer Vintage, www.designer-vintage.com, including all sub-domains of the website, our mobile, tablet and other smart device applications, our application program interfaces.
2.4 In the event that any provision of the Agreement shall be determined to be invalid, unlawful or unenforceable to any extent, we will replace this provision with a new provision, without becoming invalid, unlawful or unenforceable itself.
3. Use of the Platform and the Agreement
3.1 We provide a Platform where Users can buy and sell Items. Users can contact other Users through our Platform. Users can sell Items themselves or have the Items sold by us through the VIP service, as further set out in Article 9.
3.2 Buyers and Sellers automatically enter into an agreement with each other on the sale or purchase of an Item for the amount agreed between the Buyer and Seller, the Sales Contract. We are never a party to a Sales Contract and are not responsible for the Items on the Platform. We have no control over or responsibility for the quality, safety, legality or accuracy of the Items. We play a facilitating and supporting role in connecting Users and buying or selling Items.
3.3 If you fail to comply with your obligations to a Buyer or Seller under the Sales Contract, you will be in default and the Buyer or Seller will have the right to terminate the Sales Contract.
3.4 Transactions will take place between the Seller and the Buyer and the method of payment and distribution of the shipping costs will be agreed between Seller and Buyer.
3.5 You can use our chat system to communicate directly with another User. By means of this system you can arrange the sale of an Item or answer any questions of other Users. You understand that it is not allowed to use this system for the following activities:
i. Sending unsolicited advertisements or promotions, requests for donations or spam.
ii. Insult, intimidate, or discriminate against other Users.
iii. Entering into a Sales Contract with a User without our involvement, with the aim of avoiding payment due to Designer Vintage.
3.6 You will use the Platform properly at all times. You are fully responsible and liable for your use of our Platform and guarantee that you will not use it:
a) in such a way that our rights or those of third parties are infringed and/or in a manner that is unlawful towards any third party;
b) in violation of applicable laws or regulations; and/or
You indemnify us against all damage and costs arising from and/or related to claims by third parties as a result of a breach of this guarantee.
3.7 Our Platform may contain links to third party websites and we may use additional services provided by third party service providers, such as payment services. You acknowledge that your use of such products, services, applications or websites is subject to the terms and conditions of the relevant service provider.
4. Your Account
4.1 In order to make optimal use of the Platform, you must create an Account in the manner set out on the Platform. You will be required to provide a username and password to access the Account. If you are under the age of 18, you must obtain permission from your parent(s) or legal guardian(s).
4.2 When creating your Account, you will only provide information that is complete, accurate and up-to-date. It is not permitted to create an Account in the name of another person and/or to provide false information. If your Account has been created but not yet activated, we can send you an e-mail to activate your Account.
4.3 You are responsible for keeping the combination of your username and password secret. You are responsible for all activities relating to your Account.
4.4 In order to ensure that our Platform is and remains reliable and secure, we may (i) deny you the opportunity to create an Account, (ii) restrict your use of your Account and (iii) terminate your right to access your Account. This also applies to all Accounts that we may link to you, if we are able to detect (manually or automatically) sufficient overlapping information between these different Accounts. If you do not agree with our conclusions, you will bear the burden of proof that the relevant Accounts are not linked to you.
4.5 We have the right, at our discretion, to request additional information from you if we consider it necessary, for example in case of possible misuse or fraud, including but not limited to data to identify you.
4.7 If the registration of your Account has been terminated or your Account has not been used for a long period of time, we may suspend and close your Account without refunding any previous payments to us.
5. Personal data
5.1 Protecting your personal data is important to us. In our Privacy Statement you can read how we process your personal data.
5.2 When using our Platform, you can share data with other Users, for example when selling or buying an Item. You are responsible for sharing and receiving this information and agree to process it in accordance with applicable laws and regulations.
6. Buyer provisions
6.1 The Seller can offer the Items for sale through an Advertisement. Users can contact the Seller directly through our Platform. You understand that the Platform is not a bidding platform and you take into account the Seller's asking price. If you want to be the first to respond to the most recent Items, you can use the Early Access Service.
6.2 The Items offered for sale are described and presented as clearly and truthfully as possible. When applicable, the sizes are mentioned as described in the label. However, you understand that elements of an Item in the Advertisement may differ from the actual condition.
6.3 It is not possible to return Items. If an Item deviates significantly from the Advertisement or if the wrong Item is received, the Buyer must notify Designer Vintage within 5 (five) working days of receipt by sending an e-mail to firstname.lastname@example.org stating the corresponding order number. We will ensure that the Seller takes back the Item.
6.4 The Buyer may resell the Item free of charge, provided that the Buyer offers the Item on our Platform within 7 (seven) working days from the date of receipt of the Item. The asking price may not exceed the original purchase price of the Item. The Buyer must send an email to email@example.com with a link to the Item to be sold including the purchase date and username of the original Seller and will receive a credit from us for creating an Advertisement.
6.5 The Buyer agrees with the Seller that the Item will be delivered as soon as payment has been received, how the Item will be paid for and who will pay the shipping and any additional import charges (e.g. VAT, import duties). The Buyer must ensure that the recipient address is correct for delivery. The Seller will ship the Item to the address in the Buyer's Account at the latest within 5 (five) working days after receipt of payment. If there are any problems with shipping, the Buyer should contact the Seller directly and seek a solution.
7. Secure Transfer Service.
7.1 When a Buyer makes use of the Secure Transfer Service, the Buyer will transfer the agreed price for the Item to us and the Seller will send the Item to our office, contrary to Article 6.5. Once payment and the Item have been received in good order and we have checked and approved the Item for authenticity, we will send the Item to the Buyer and the money to the Seller. The prices for the Secure Transfer Service are indicated on the Platform and will be in addition to the standard shipping costs.
8. Seller provisions
8.1 Sellers may sell Items through the Platform against payment by offering them for sale through an Advertisement. The prices quoted by Sellers do not include shipping costs.
8.2 The Seller must ship the Item within five (5) working days of receipt of payment and we advise Sellers to use a track & trace code. If there are any problems with shipping, the Seller should contact the Buyer directly and seek a solution.
8.3 Advertisements will remain on the Platform for a period of two (2) months, provided that the applicable (payment) conditions have been met. If the Seller did not extend this period, the Advertisement will be made inaccessible. The Seller is not entitled to any refund of the placement fee already paid to us. The Advertisement will remain available in the Account and can be made accessible again upon renewal.
8.4 We may ask the Seller to identify itself. To sell on our Platform, we may also ask the Seller to provide additional information. For example, we may ask for a copy ID, bank account number or date of birth in accordance with our Privacy Statement.
8.5 In order to guarantee the authenticity of the Items as much as possible, we require proof of authenticity. Sellers are at all times responsible and liable for the authenticity of the Items offered by the Seller. If no proof of authenticity is provided and the authenticity cannot be established in any other way, we do not place the Item on the Platform.
8.6 If an Item deviates significantly from the Advertisement or if the wrong Item has been sent, the Seller is obliged to take the Item back. In that case, the Seller will bear the shipping costs.
8.7 Sellers are not permitted to refer to their own websites, (web) shops or websites of competitors of Designer Vintage.
8.8 Specific guidelines apply to the sale of Items on the Platform. Please read the Guidelines for Sellers here.
9. VIP Service
9.1 Seller may use the VIP Service to sell the Items with our assistance. We will then sell the Items on behalf of the Seller, check the Items for authenticity, arrange contact with the Buyer and take care of the shipment and payment of the Items.
9.2 The Seller understands and acknowledges that we are not a party to the Sales Contract with respect to this service either and that the Sales Contract is concluded between you as Seller and the Buyer.
9.3 The prices for the VIP Service and method of payment are indicated on the Platform.
9.4 If we find that the Items received are not clean or saleable, we are at all times entitled not to offer the Item for sale and to return it at the Seller's expense.
9.5 Notwithstanding Article 10.2, the Seller grants us the right to determine the price at which each Item is offered and the manner in which the Items are photographed and offered. We will make every effort to sell the Item and to prepare it for sale as soon as possible and place it online. We do not guarantee that the Item will actually be sold.
9.6 Once an Item has been sold to a Buyer, we will notify the Seller by email and arrange for the Item to be sent to the Buyer. Payment of the Item's fee will be carried out as stated on the Platform.
9.7 The Intellectual Property Rights of the Advertisement and the promotional material for the Item in the VIP Service belong to Designer Vintage or our licensors and we grant the Buyer a licence in accordance with Article 11.2.
9.8 If the Seller has a complaint about the VIP Service or the placement of the Item(s), the Seller must notify us as soon as possible (within 5 working days) by email (firstname.lastname@example.org). We will make every effort to resolve the complaint to the satisfaction of the Seller.
10. Prices and payment
10.1 We will charge a fee for placing an Advertisement. The prices for placing an Advertisement and the method of payment are indicated on the Platform.
10.2 The Seller will determine the price for the Item and will owe a commission on the sale price when the Item is sold. The amount of the commission and the method of payment are indicated on the Platform.
10.3 If the Seller makes use of the promotion service, it will be subject to an additional fee as indicated on the Platform.
10.4 Sellers who offer Items to consumers as a professional party are required by the Sales Tax Act to indicate prices including VAT on the Platform. We furthermore expect professional Sellers to comply with the right of withdrawal that Buyers have when purchasing an Item. Please read our Withdrawal Policy here for more information.
10.5 We are entitled to adjust our rates at any time. If during the term of an Agreement a price increase occurs that exceeds the Statistics Netherlands consumer price index figure, then the User has the right to terminate this Agreement in accordance with Article 12.1.
11. Intellectual Property Rights
11.1 All Intellectual Property Rights of the Platform, including but not limited to the Intellectual Property Rights to the texts, images, designs, photographs, software, audio-visual material and other material, are vested in Designer Vintage or our licensors.
11.3 By posting User Material to our Platform, you grant us a license to use your User Material. You retain all Intellectual Property Rights to your User Material. You grant us a free, worldwide, non-exclusive, perpetual and irrevocable license to publish and/or reproduce your User Material for any purpose we deem necessary, including publishing your User Material or Advertisement for our own publicity or promotional purposes.
11.4 Users are not permitted:
a) to perform acts that may infringe our Intellectual Property Rights and/or our licensor(s), including but not limited to the registration of domain names, trademarks or Google AdWords search terms (keywords) that resemble or are identical to any sign to which we and/or our licensors may invoke Intellectual Property Rights;
b) remove or modify (or have removed) any indication regarding Intellectual Property Rights from us or our suppliers, including indications regarding the confidential nature and secrecy thereof.
c) remove (or have removed) or circumvent (or have circumvented) technical measures for the protection of our Platform.
11.5 You will indemnify us against all damages that may arise if we are held liable by a third party for infringement of an Intellectual Property Right of that third party as a result of your use of our Platform.
12. Termination & other measures
12.1 The Agreement is valid for an indefinite period of time. You can terminate the Agreement by indicating this in your Account at any time. If you still have payment or delivery obligations at that moment, those obligations will continue after the termination until you have fulfilled them.
i. Restrict your Advertisements temporarily or permanently.
ii. Restrict your access to your Account temporarily or permanently.
iii. Withhold or refuse payment if you do not provide accurate bank, contact or identification information at our first request.
12.6 If the Seller is a professional seller and the Buyer is a consumer (i.e. does not purchase Items in a professional capacity) then the Buyer has the right of withdrawal. The right of withdrawal gives consumer Buyers a "cooling-off period" of 14 days to decide whether they wish to retain their purchase, whereby the Buyer may inspect and use the Item in the same way as he would do in the shop. If the Buyer goes beyond what is necessary to determine the characteristics of the Item (i.a. the size), the Buyer shall be liable for any reduction in the value of the Item. Please read our Withdrawal Policy here.
13. Warranties & Liability
13.1 You understand that our Service is provided "as is" and without warranty of any kind (express or implied). We make every effort to offer our Platform to the Users as well as possible. However, we cannot guarantee that (i) the Platform will be secure or available at a particular time or location, (ii) the Platform or its information will be free of errors or defects, (iii) the Platform will be free of viruses or other harmful materials, or (iv) the Platform or its items will be suitable for particular use.
13.2 To the extent permitted by mandatory law, we do not accept any liability for damages resulting from:
i. Providing our Services, including but not limited to damages arising out of or in connection with the use of the Platform;
ii. The termination, performance and/or termination of any contract or arrangement between a Buyer and Seller;
iii. Cancellation of a purchase by us or a User;
iv. Inaccurate or infringing User Material (such as photographs and the description of Items);
v. Unlawful use of the Platform;
vi. Your use of the services of other service providers;
vii. Technical problems or other errors on our Platform.
13.3 If, notwithstanding the above, we are liable for any damages whatsoever, we will only be liable for the compensation of direct damages that you may suffer as a result of any breach or wrongful act attributable to us. Direct damage includes only material damage to goods (‘zaakschade’), reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to determine the cause of the damage, the liability, the direct damage and the method of repair.
13.4 If for any reason we are liable for damages, our liability shall be limited to the highest of the following amounts: (i) the total compensation we have received from such User in the period of three (3) months prior to the event giving rise to liability or (ii) EUR 150 (one hundred and fifty euros). This limitation of liability does not exclude our liability for gross negligence or intent on our part and/or our management.
13.5 Liability shall only arise if you give us notice of default in writing, giving a detailed description of the default, providing us a reasonable period of time to comply, and after that period we continue to fail to meet our obligations.
13.6 You must report any damage as soon as possible after you have established the damage for the first time. Any claim for damages against us will lapse twelve (12) months after the damage was first established.
14. Reporting unlawful content
14.1 If you consider any User Material to be illegal, please report it to us. You will find more information on how to notify us here. We are only obliged to remove manifestly unlawful User Material upon receipt of a Notification. We may block or remove, refuse or suspend a request for User Material if we have valid reasons to doubt the accuracy of the Notification or the legitimacy of the evidence submitted. If we see reason to do so, we have the right to remove or modify User Material from our Platform, without being liable for any damages and without being obliged to pay any compensation.
15.2 If you have a complaint about us or our Platform you can contact us via email@example.com.
15.3 Finally, it is possible to submit complaints about the Platform or any other User to the Online Dispute Resolution platform of the European Commission (ODR) via its website http://ec.europa.eu/odr.
16. Miscellaneous and applicable law
16.1 If you do business with a User abroad, you must take into account the international rules regarding import and export. You should be aware that certain Items are illegal or may not be imported in some countries. Users are solely responsible for ensuring that transactions are permitted by law, that Users comply with applicable laws and regulations, and that any violations are at the User's own expense and risk.
16.2 We may at any time transfer our rights and obligations under the Agreement to one of our group companies or to a third party. We shall inform you of this in a timely manner.
Hearst Magazines Netherlands B.V.
1013 BC Amsterdam