TERMS AND CONDITIONS UNIQUE DESIGNER PIECES
1. GENERAL, DEFINITIONS AND APPLICABILITY
1. Unique Designer Pieces (further called: UDP) is a partnership, registered in Amsterdam, 1051 BW, registered at the Chamber of Commerce, number 58378553, VAT-identification NL853012556B01, trading under the name Unique Designer Pieces. UDP can be reached via email firstname.lastname@example.org. More information regarding products and services provided by UDP, can be found on: uniquedesignerpieces.com
2. In these Terms and Conditions, certain terms are being used. They entail the following:
Content: (digital) data, such as: text, informational data, moving images, stills and graphics or information in any other form, that are used on the website (uniquedesignerpieces.com) and being present in the material that UDP sends to customers.
Do-it-Yourself Service (or Individual Service): this service, provided by UDP, gives u the opportunity to arrange your own selling process. The pieces are photographed by the Seller where after the Seller uploads the photographs and sells them individually (as clarified in these terms) via the online shop/web shop (as clarified in these terms).
Piece(s) or item(s): all in consignation offered pieces of clothing (and other categories), new as well as worn, that individuals send to UDP.
Buyer: every company or individual person from the age of 18 years or older, who places an order in the UDP web shop.
Agreement: every appointment where UDP either gets clothes offered (Professional Service or via the Individual-service), and deliveries to another customer.
Professional Service: the by UDP provided service for the purpose of individual buyers, who can collect their clothing and bring it to UDP. UDP will style, photograph and upload the items (as defined) in the web shop (as defined).
Showroom or Store: a physical space (in the UDP office, or at an external temporarily location) where collected items can be sold offline as well as online.
Boutique(s) or Store(s): every (second-hand designer) store that has an agreement with UDP to sell their items. This goes for the Professional Service, as well as the Individual -service, or either other possible way.
Seller: every company, boutique or individual that residents in The Netherlands, is over 18 years and sells Items via our Professional Service or via the Individual Service to a Buyer through web shop of UDP.
Conditions: These terms and conditions.
Web shop: the web shop operated by UDP.
3. These terms are applicable on all Agreements as well as the development and preparation of the documents. Either agreed from a distance between UDP and every Seller (who sell an item through the web shop) and Buyer (or buy an item through the web shop). The Seller is being expected to sell through one of the provided services.
Before he or she uses either one of the selling services provided by UDP (online request of a shipping box, uploading the items themselves or in any other way agree to sell) the Seller is being expected to agree to these Terms and Conditions. The Buyer will also agree to these terms: he or she is being expected to agree to these Terms and Conditions when it comes to ordering through the web shop.
4. For boutiques and Stores that buy items through UDP, additional terms and conditions are applicable. These additional terms will be included in the sales agreement (the contract) and have to be agreed to along with the general terms and conditions.
5. Stipulations deviating from these Conditions can only appeal by Buyer and Seller if and in so far as they are accepted in writing by UDP.
6. If any definition from these Terms is found to be void or voidable, it will be replaced by a valid definition that corresponds as closely as possible to the purpose of the voidable or void definition. The other conditions remaining to be unaffected.
7. UDP is competent to, as a consequence of the Agreement forthcoming rights and obligations (partially) transfer to a third party without prior consent of the Buyer and Seller.
8. UDP reserves the right to alter these Terms at any given moment. These altered, new Terms will be published on the website. The Buyer and the Seller are expected to consult these regularly.
2. OFFERS AND FORMATION OF THE CONTRACT
All of the placed offers on the website of UDP are non-committal. In case an offer has a
limited validity or when there are extra terms applicable, these will be explicitly mentioned in the offer on
the website. An offer expires in case the concerned Item(s) are not available anymore.
2. The descriptions of all the Items on the website are as complete and accurate as possible. UDP cannot be held accountable for the content of the offers when a Seller included incorrect information in the description of the items. UDP is not liable for any damage as a cause of mistakes or errors in the descriptions.
3. The Contract/Agreement between UDP and the Seller via the Professional Service will go in effect at the exact moment that the Item(s) are received by UDP and UDP explicitly confirms this to the Seller, or in case of loose sales a Contract/Agreement has been signed (this goes for the boutiques). The Contract/Agreement between UDP and the Seller through the INDIVIDUAL-service will not go in effect until the exact moment that the Item(s) have been uploaded to the web shop by the Seller and UDP explicitly confirmed this to the Seller.
3. CONDITIONS REGARDING SELLERS VIA THE PROFESSIONAL SERVICE
1. Every potential Seller with accepted Item(s) can request a free shipping box via the Website, or make a personal appointment at the showroom to deliver the Item(s) in person. UDP's quality team evaluates the Item(s) (this can either occur by telephone, email or personally) if the Item(s) meet the requirements to be sold through the Professional Service. The Professional Service is an exclusive service and is only applicable to Item(s) of the most exclusive brands and/or for item(s) of a significant value.
a. In case of online acceptance: the Shipping Box will be provided, including a prepaid address sticker and a form that needs to be filled out after receipt by the potential Buyer and needs to be send to the Seller afterwards. The prepaid shipping package with the Item(s) and the filled out form including the name, account number and email address of the Seller must be returned to a place designated by UDP as a logistic provider, which is responsible for shipments to UDP.
a. UDP only accepts Item(s) of the best possible quality;
b. UDP only accepts Item(s) that are meet the requirements;
c. UDP only accepts Item(s) that are in fashion;
d. UDP only accepts high end designer brands, like e.g. Chloé, Prada and Gucci. On the Website you will find a complete list of brands accepted by UDP;
e. If Item(s) arise any suspicion or delivered Item(s) turn out to be fake/a replica, these are not accepted;
4. In case the team of UDP receives any Item(s) that are not clean and cannot be sold as a consequence, UDP has the right to send the Item(s) back and charge the Seller with the additional costs. UDP will send the Seller a digital payment link, worth €7, 95. In case the Seller paid for the additional costs, UDP will send the Item(s) back to the Seller.
a. In particular cases UDP will offer cleaning services. UDP has a partnership with a local drycleaner and could, in accordance with the Seller, bring the to be sold Item(s) to the drycleaner. UDP determines when a certain Item is in benefit for his option. UDP will notify the Seller via email. The potential risks and additional costs for cleaning are always passed on to the Seller.
5. Seller gives UDP the rights to determine the price for every offered Item in the Web shop. UDP remains to have the right to modify prices, either upwards or downwards. This is with a maximum of 30% in reduction starting from the first suggested retail price.
6. The received Items will be made ready by UDP for selling purpose (labelling, photographing etc.) and placement in the web shop.
7. The consignation term starts six months from the day that the Seller receives a confirmation email from UDP that the Item(s) are received. The Seller cannot request to have her Item(s) back in the meantime. As soon as the Item(s) are uploaded into the web shop, they will be offered to the customer for a minimum of 30 days (except in case the Item(s) gets sold earlier on).
8. UDP is free in the determination and execution of her marketing- and sales policy. This includes the way of offering Item(s), online, from the Seller to the customers.
9. UDP is free to offer the Item(s), received from the Seller, offline (via the Showroom or during offline events as a Pop up Store) as well as online (via the Web shop) in the agreed consignation term.
10. UDP will put in the best effort possible to find an adequate Buyer for the offered Item(s) and is free to involve a third party in the process.
11. UDP determines, with observance of article 3.7 in these Terms and Conditions, if an Item gets removed from the web shop or is saved to be relisted at a later point in time. In case UDP comes to the conclusion that the Item is no longer appropriate to sell, the Seller will be notified.
In this case any unsold Items will be returned to the Seller and UDP will charge €7,95 for shipping-and handlings costs.
12. Off every item that is being sold through the Professional Service, the Seller receives a percentage of 50-70%* of the selling price that is being stated on the Website and accepted by the Seller (this amount does not include shipment costs).
* The percentage to be received by the Seller depends on the selling/retail price:
€ 0 - 100: 50%
• € 101 - 300: 60%
• € 301 - 600: 65%
• Over/more than € 600: 70%
This amount will be transferred to the Seller, within 30 days, on the stated IBAN-number on the Sellers UDP -account. UDP is entitled to the remaining percentage of the proceeds of an Item and will pay the VAT over this margin. .
13. In case an Item gets sold to a Buyer, UDP will notify the Seller via email. Hereafter, UDP will make sure that the Item is being sent to the Buyer as quickly as possible.
14. In case an Item gets returned by the Buyer, UDP will notify the Seller within 14 days via email. UDP will relist the Item on the Web shop as soon as possible.
15. The Agreement/Contract between UDP and Seller terminates upon the expiry of a six month period, starting on the day that the Seller received a confirmation email from UDP that the Item(s) are accepted and will be offered on the Website as soon as possible. This is, if the Item(s) in question is not sold during this period of time, either to a third party by UDP, or much earlier because UDP terminated the Agreement with the Seller through a written announcement (emails are sufficient).
16. The Agreement/contract between UDP and Seller ends when the Buyer transferred the selling price of the Item(s) and the withdrawal period as mentioned in article 5.5 of this Terms and Conditions has passed.
17. None of the, via the Buyer in consignation given Item(s, is insured against damage by fire and water damage. These Item(s) are therefore at the Sellers own risk at UDP, or a appointed third party e.g. storage or mail-order).
18. In case the Seller has a complaint about the service offered by UDP, or the placement of the Item(s) in the Web shop, he or she needs to notify UDP (within 7 days) via email. UDP will make an effort to solve this complaint to the satisfaction of the Seller.
4. REGULATIONS REGARDING SELLERS VIA THE DO-IT-YOURSELF SERVICE
1. Every potential Seller with accepted Item(s) can upload them easily and free of charge on the Website by filling out a INDIVIDUAL-form. For every item a separate (´request´) document needs to be filled out. The Seller can place as many requests as he or she wishes. UDP 's quality team will evaluate every request, following an online description and images, if the Item is qualified to be sold via the INDIVIDUAL selling service.
b. In case of any doubt, UDP will ask the Seller to improve the request (in case the quality of the description or the photography does not meet the requirements) and/or the request gets declined (if the Item does not live up to the criteria mentioned below).
2. By offering Item(s) via the INDIVIDUAL Service of UDP the Seller guarantees that:
f. the Item(s) are send or delivered in accordance with UDP’s quality guidelines (article 3.3 of these Conditions;
4. The Item will be offered for, online sale, for 8 weeks starting from the day that the Seller received a confirmation email from UDP saying that the Item is online. As soon as the consignation period has ended, and the Item is not sold, the selling period of the Item will be prolonged automatically.
5. UDP is completely free in the determination and execution of her marketing- and selling policy, amongst others the way in which UDP offers the, by the Seller offered Item(s) to the online customers.
6. Of every Item that is sold through the INDIVIDUAL Service, the Seller receives a percentage of 80% of the selling price like it is stated on the Website and accepted by the Seller (this amount does not include shipping costs). The amount will be transferred to the Seller within 30 days on the stated bank account.
UDP is entitled to the remaining percentage of the proceeds of an Item and will pay the VAT over this margin.
7. In case an Item gets sold to a Buyer, UDP will notify the Seller through email. Hereafter, the Seller will receive a free and prepaid address sticker, so that the Seller can send the Item to the Buyer free of charge. The Seller is obligated to pack the Item clean and neat and send it to the Buyer as quickly as possible (within 7 days) while keeping the quality criteria, like stated in article 4.2) in mind.
8. Returning an Item that has been bought via the INDIVIDUAL-service is not possible. It is possible for the Buyer to resell the Item themselves, like stated in article 5.6.
a. In case the buyer has the opinion that the sold Item is seriously different from the online description and uploaded image (fake, hugely damaged, non-mentioned spots, difference in color and/or size) it can be decided that the Seller sends the Item back. This only happens in exceptional cases. UDP will connect Buyer and Seller to each other and they will resolve the situation together. UDP will take care of the payment process and in case the Buyer and Seller do not come to a solution themselves, the UDP makes a decision, which is obligatory.
Depending on the seriousness of the complaint, UDP is forced to block the Seller and/or charge him or her with a fine for the additional handling- and returning costs. The Seller will be notified via email.
In case the Seller has a complaint about the service offered by UDP, or the placement of the Item(s) in the
Web shop, he or she needs to notify UDP (within 7 days) via email email@example.com. UDP will make
an effort to solve this complaint to the satisfaction of the Seller.
a. Professional Service: via the chat box on every page of the Website
b. INDIVIDUAL service: directly with the Seller via “ask a question” on the product page
2. The online offered items are all in good condition, of excellent quality and all the information is being displayed and described as specific as possible. Because of the fact that UDP sells pre-owned designer fashion, small signs of wear can be visible.
3. As soon as the Buyer receives the Item(s), he or she has to check the Item(s) immediately, in case something is wrong (e.g. sending wise, damage or a significant deviation from the original information and images) in the Web shop van de (visual and/or textual) description in the Web shop. In case the Buyer experiences one of the situations mentioned above, he or she needs to inform UDP within 48 hours after receiving the order. Contact goes via email: firstname.lastname@example.org. The Buyer needs to mention the order number and the title/brand of the Item(s). In case of indifference, UDP will put in effort to solve this matter to the Buyer´s satisfaction.
4. The right of returning depends on the specific service of sale:
5.5 In case the Buyer wants to claim her or his right of return according to art. 5.4 sub (a) and (b),
5. (a) At purchase of any Item(s) offered via the Web shop, the Buyer has the right to/the possibility to
terminate the Contract/the Agreement without any particular reason and to return the Item(s) within a period of 8 calendar days. This period starts at the day that the Buyer receives the Item(s). The Buyer is obliged to, inform UDP through email about the fact that he or she wants to return the bought Item(s), before this period expires. Email address: email@example.com;
b. During this period the Buyer will handle the delivered Item(s) with utmost care and leave labels, codes and packages intact. Buyer will only unpack the Item(s) as far as needed to evaluate if the state of the Item is meeting the quality criteria. In case the Buyer wants to use her right to withdrawal, he or she needs to send the Item(s) back in the original state of how they were received (that includes labels and, by UDP provided instructions).
c. The Buyer will always be charged for the returning costs, (€7,95). UDP strongly recommends sending the Item(s) registered. UPD is not liable for any loss or damage of the return.
d. The, to be returned Item(s), shall be send back to UDP within 8 calendar days, after the Buyer decided that he or she wants to return them.
e. The paid amount (exclusive returning costs) will be transferred back on the account, by UDP within 21 calendar days (after receiving the Item(s) back.
6. In case the Buyer wishes to resell the Item(s) in the future, the Buyer will notify UDP with this request through email firstname.lastname@example.org. UDP will match the Item to the Buyers online profile (as “New buyer”).
6. TERMS OF DELIVERY, DELIVERY AND SHIPPING
1. The delivery address is the address that the Seller filled out on his or her UDP account via the Web shop. The Seller and potential Buyers who regularly order Item(s) via the Web shop, are supposed to keep UDP informed about any changes in address (best via the online profile). As long as UDP does not receive a change of address, the Buyer or Seller in question, should be living on the last address filled out in the account.
2. The order is being sent via a logistic provider, appointed by UDP. The selling price, as they are mentioned on the Website, does not include the following handling- and shipping costs.
o NL: € 7,95
o BE, LU, DE: € 9,95
o All other EU-countries: € 15,95
o Outside of the EU: € 25,95 please get in contact through email@example.com
3 UDP aspires to deliver a sold Item at the Buyer as listed below, unless there was accordance to a longer delivery term. Nonetheless, UDP is not liable for potential delay in the process.
a. Professional Service: within 5 working days, unless ordered on working days before 14:00 pm.
b. INDIVIDUAL Service: approximately within 8 days (at the latest within 21 days). The order will be send by individual Sellers.
4. Each shipment includes a Track & Trace code that the Buyer receives via email so that UDP can monitor the status of the shipment through a web link. In case a shipment has not arrived within 14 calendar days, the Buyer needs to report this through firstname.lastname@example.org. UDP will do what is possible to resolve the situation to the satisfactory of the Seller and the Buyer.
5. In case deliverance is delayed by more than 21 calendar days, or if the shipment cannot be processed at once, or partially, the Buyer receives a notification as soon as possible. The Buyer has the right to dissolve the Agreement without having to pay any additional costs. Afterwards, UDP will transfer the paid amount (exclusive shipping costs) as soon as possible, (at the latest within 30 days after dissolution).
6. The Buyer is obligated to accept the package when it is offered through UDP through post. In case Buyer declines acceptance or does not pay careful attention to the provided information or instructions that are necessary for a clear and smooth delivery. If not, UDP has the right to store the Item(s) at the expense and the risk of the Buyer.
7. UDP holds the right to do shared delivery to Buyer- so that an order can be sent in two or more shipments (e.g. when the Buyer has bought more Item(s) from different Sellers).
8. The Seller is liable for any risk of loss and damage to the Item(s) until the Buyer receives the order.
7. PRICE, PAYMENT AND COLLECTION COSTS
1. The amount that has been set for the Item(s) by the Seller/the UDP team partially depends on the quality, brand, the state and the marketability.
2. The, in the Web shop stated, amounts are all in Euros (including VAT, excluding shipping costs).
a. In case the Buyer purchases more Item(s) from several Sellers, UDP will only charge shipping costs once
b. Shipping costs will not be charged when an order is worth over €300,00 (NL)
3. After placing the order in the Web shop, UDP will confirm the order by notifying the Buyer with the information regarding the total charged amount including shipping costs. This confirmation will be send via email.
4. Payment of the ordered Item(s) is possible via direct payment (Ideal) or any other online payment system.
5. Delivery of the order will take place as soon as the payment has been received.
8. PROPERTY OF ITEMS
1. All Item(s) delivered by UDP under the Agreement/the Contract shall remain property of the Seller until the Buyer respects and completed all the obligations stated in the Agreement through UDP, including payment of the charged amount within the stated period
2. The, by the Seller owned in consignation given by UDP delivered Item(s) according to article 8.1 of these Terms and Conditions, cannot be commercially offered and are prohibited as a method of payment anywhere. Nor may the Item(s) be pledged or otherwise encumbered. The Buyer has to make sure to live up to these requirements to ensure the Sellers property rights.
3. In case third parties seize the under retention delivered Item(s) and/or claim to establish or exercise rights, the Buyer needs to notify UDP immediately.
1. UDP is solely liable for damages arising out of or relating to an attributable failure to fulfil its obligations under an Agreement or tort caused by intent or gross negligence on the part of UDP. This liability is limited to direct damages up to the lower of the invoice value of the order of €1.000,00.
2. To be clear: UDP is not liable for any damage, of any nature whatsoever that is caused by the Seller or Buyer who gave incorrect or incomplete information.
3. UDP does not accept any liability whatsoever in case of lost orders caused by the logistic provider.
4. UDP is not liable for any damages or costs resulting from the use of electronic payment and electronic means of communication with the Website, including - but not limited to - damages resulting from non-delivery or delayed delivery of electronic messages, interception or manipulation of electronic messages by third parties or by computer programs used for electronic communications and transmission of computer viruses. UPD ensures adequate security on the basis of generally accepted security systems.
1. UDP is not obliged to fulfil any obligation to Buyer and/or Seller if it is prevented from doing that by supremacy. This is the case when the deficiency is due to circumstances beyond the control of UDP, including in any case: war or similar situations, riots, strikes, occupation, blockade, illness amongst the UDP staff, failure of suppliers and/or carriers of UDP, government measures, such as a ban on movements, natural disasters, bad weather, lightning, fire and explosion. UDP is also entitled to invoke supremacy if the circumstances are rendering (further) fulfilment of the agreement after UDP should have fulfilled its obligation.
2. UDP may suspend the obligations in the Agreement during the period of supremacy. If this period lasts longer than two months, each party is entitled to terminate the Agreement without liability to pay compensation to the other party.
1. Each Seller gives UDP a indemnification for all damages, liabilities and costs arising from claims or legal proceedings instituted against UDP or that has been threatened by any party in connection with:
a. the usage of the Website by the Seller;
b. the usage of the website while using the password of the Seller;
c. the, by the Seller - via the Website offered Item (s);
d. breach of the Agreement by the Seller
12 INTELLECTUAL PROPERTY
1. All intellectual property rights, including (but not limited to) the copyright, trademark and design law, on the Web site, the Content and all material delivered to Buyer and Seller by UDP, including the UDP Send Package leaflets, brochures, etc., are owned exclusively by UDP, unless otherwise indicated.
13. PRIVACY AND COOKIEPOLICY NEWSLETTER
2. The personal data will not be used by any third party. It will also not be used amongst employees or shareholders of UDP, or provided to third parties unless this is necessary for the execution of the Agreement (e.g. the provider of the logistics services that are delivering the Item(s)).
3. Subscribing and unsubscribing for the UDP newsletter can be requested any time via the therefore placed link at the bottom of the Website (register) - (unsubscribe).
14. GOVERNING LAW AND JURISDICTION
1. These Terms, every contract and other legal relationships, apply to the Dutch law