CHIC RESALE TERMS AND CONDITIONS OF USE
Before signing up on the Site, every User must read these Terms and Conditions (the “Terms”), the Catalogue Rules and the Forum Rules, which form a legally binding agreement between you and Chic Resale regarding your access and use of the Site, and undertake to comply with them.
To confirm that you have done so and create your Chic Resale account, please accept the Terms when prompted to do so during the registration process. Every User must also read the Privacy policy. Capitalised terms are defined in Section 1 of these Terms.
1 DEFINITIONS
When the following capitalized terms are used in these Terms, they have the definitions set forth in this section. Please refer to this Definitions section whenever you see a capitalised term.
Additional Service(s) – means the additional payable services provided by Chic Resale and offered on the Site to Users which require an additional fee;
Buyer – means any User who buys or wishes to buy one or more Item(s) on the Site;
Buyer Protection – means the Buyer Protection service provided by Chic Resale for a fee (payable by the Buyers) to Buyers for every purchase made using the “Buy now” button on the Site.
“Buy Now” button / “Buy now” / “Buy” – means the button displayed on each Item page, allowing Buyers to express their willingness to start placing an order for an Item on the Site and to benefit from the Buyer Protection for a fee;
Catalogue – means the electronic catalogue of Items that Sellers have listed for sale via the Site. The Catalogue has different sections for each category of Items;
Catalogue Rules – means the rules for the Catalogue, including what Items Users may list on the Site. The current Catalogue Rules are available on the Site here;
Checkout – means the checkout process available to Buyers to purchase Items on the Site. The Checkout process: (i) is initiated after a Buyer clicks on the “Buy now” button,
(ii) requires the Buyer to choose a payment method and specify a delivery address, and (iii) is concluded when the Buyer clicks on the “Pay now” button on the checkout page.
Dispute Filing Period – has the meaning assigned in see according Section
Escrow – means the escrow account managed by the E-wallet Provider, where the Total Price is retained from the payment until the Transaction is completed.
E-wallet ( Balance) – means the financial service provided by the E-wallet Provider which allows Users to create E-wallets (Chic Resale Balance) on the Site.
The E-wallet (Chic Resale Balance) solution allows Users to receive funds for sold items on the Site, store the funds, payout to the User’s bank account, purchase Additional Service or purchase Items from other Users on the Site;
E-wallet Provider – means chic Resale payment service provider.
Forum – means the area of the Site where Users may publicly communicate with each other, subject to complying with the Forum Rules described here;
Hosting Services – means the hosting services offered by Chic Resale on, or through, the Site, that enable Users to list Items in the Catalogue, to find and examine offers for sale on the Site, and to communicate in private and/or in public, particularly by using the Forum;
Integrated Payment System – means the online payment system allowing Users to pay for Items and Services on the Site, where the payment service is provided by the Integrated Payment System Provider;
Integrated Payment System Provider - means any authorized payment service provider, including the E-wallet Provider, which has contracted with Chic Resale to provide payment services on the Site.
Integrated Shipping (Pre-paid shipping labels) – means the option for the transportation and delivery of the Items bought on the Site, where the transport and delivery services are provided by one of the shipping providers offered to select from by Chic Resale, and the Seller must use Pre-paid Shipping labels generated on the Site; Items – means the goods/items that Users list in the Catalogue, in order to sell them;
Item Verification: means the visual inspection of the item at an on-site facility of Chic Resale by internal to the Chic Resale group.
They will examine the Item and, if applicable, documents provided by the Seller and will use all commercially reasonable efforts to confirm, based on objective criteria including their brand knowledge and the information at their disposal, whether the item is authentic.
Item Verification does not involve the brand owner and is independent from, and not associated with, any brands sold/listed on Chic Resale.
Professional Sellers – means natural or legal persons engaged in business, offering the goods/items in the course of their business activities including any person who sells goods/items for commercial purposes;
News – means content shared by Chic Resale on the Site, including news relating in particular to short and long-term offers, contests, games, promotions and announcements about new Services available on the Site;
Private Messages – means communication by an exchange of private messages between Users via the Site’s messaging system, where the messages are not publicly displayed on the Site;
Privacy Policy – means the document that defines the manner in which Chic Resale collects, uses, processes, stores and transfers personal data;
Seller – means any User who lists one or more Item(s) in the relevant Catalogue of the Site. For the purpose of the provision of payment services, Seller is a person who has completed at least one Transaction of a sold Item.
Services – means all the services offered by the Site, including the Hosting Services, the Buyer Protection and the Additional Services, each of them provided with a goal to ensure secured and trusted experience of the Site;
Shipping Tracking System – means the online tracking system provided by Chic Resale based on the information provided by the shipping provider and enabling Buyers to track their Item once it has been shipped when using Integrated Shipping (Pre-paid shipping labels) Significantly Not As Described – this includes the following difference(s) between the Item received and the Item description/photographs: incorrect sizes, wrong colours, counterfeit Items, severe damage to the Item (stains, smells, holes), wrong condition, incorrect Items or missing Items in bundles.
Conversely, an Item will not be considered as Significantly Not As Described if the Item is not a right fit (but the size was correctly indicated in the listing), or the differences between the Item received and the description and photographs of the Item only include minor and negligible differences that do not affect the use and look of the Item as legitimately expected by the Buyer based on the Item’s description and photographs.
Site – means the Chic Resale website, apps and any other means of accessing Chic Resale’s platform. The “Site” includes the Services and all content, tools, features, and functionality offered on or through the platform;
Terms – means the binding agreement between Chic Resale and the User, as defined in the first paragraph of these Terms and Conditions;
Total Price – means the total amount due for a Transaction, which comprises of i) the price for the Item(s) set by the Seller; ii) the shipping fees; iii) the Buyer Protection fee; and iv) any applicable taxes or fees and v) fees for Additional Services for Buyers (if applicable). If the Buyer chooses to return the Item using return shipping integrated label purchased on Chic Resale the return shipping fee will be deducted from the Total Price to be refunded to the User;
Transaction – means any transaction made using the “Buy now” button between Users through which a purchase contract for the respective Item is concluded between the Users;
User – means any person who has created an account on the Site and has accepted these Terms; User account or Account – means the User’s account created upon registration on the Site;
Chic Resale’s Social networks Accounts – means Chic Resale's accounts on Facebook, Google+, X, Instagram, Pinterest, YouTube and other social networks where information is provided about the Site and the Services it offers, sharing the contents published by Users;
Visitor – means any individual who visits the Site, but who has not created an Account.
2 INTRODUCTION
2.1 Welcome to the Site. Please read these Terms, the Catalogue Rules and Forum Rules carefully. They set forth the terms and conditions under which you may use the Site. If you agree with these Terms, you will be able to use our Site as a User, and you will have the opportunity to be a Buyer and a Seller of Items on the Site. If you do not agree with these Terms, you are not authorised to use the Site.
2.2 Services.
Chic Resale offers Hosting Services as an intermediary between Buyers and Sellers. Chic Resale also offers, for a fee, a Buyer Protection service applicable to all Transactions made using the “Buy now” button, as well as Additional Services.
Chic Resale is fully responsible for the Services it provides, within the limits of its commitments and under the conditions provided in these Terms.
Chic Resale is not a party to any Transactions between Users. Chic Resale does not buy or sell the Items shown on the Site.
2.3 Who Cannot Use the Site.
a) Minors. The Site is not intended for use by persons who are under 18 years old. If you are a parent or a guardian of a dependent who is younger than 18 years old, you may create an account and accept these Terms on behalf of such minor, but by doing so, you take full responsibility for the minor’s use of the Site and acknowledge that the Site is intended for persons who are at least 18 years old.
b) Professional Sellers. Professional Sellers are not authorised to use the Site. Do not use the Site for commercial purposes unless register in professional section.
2.4 Visitors. If you are a Visitor of the Site, you can search and view Items in the Catalogue, read the Forum and other Content provided by Users, as well as News and other information published on the Site. However, you will not be considered a User and you will not be able to use the Services. These Terms may, however, be of informative value to you.
2.5 Creating an Account. To buy or sell Items on the Site, and to use Services, you must first register on the Site and create a User account. When registering on the Site, you undertake to provide true, accurate, up-to-date, and complete information. It is important that you always maintain and promptly update your Account information to keep such information up-to-date and complete at all times. Through the registration process, Users will be asked to provide (directly in the registration form or, if you so wish by sharing your Facebook, Google or Apple ID profile) an email address, a user name (a pseudonym for use on the Site), and a password to enable the Site to identify you each time you access the Site. We will use such data for the purposes and in the manner described in the Privacy Policy. In order to protect your User Account, to ensure the security of other Users and to assess whether the information referred to in this Section 2.5 are reliable and complete, Chic Resale may at the time of registration and after, from time to time (i) verify the information included in your User Account, (ii) ask you to answer relevant questions or to provide relevant information, and/or (iii) remedy the incorrect or incomplete information or assist in verification procedures (the "Security Procedures"). Security Procedures are intended to confirm that you are the person accessing and/or carrying out transactions from your User Account. They will be reasonable and proportionate to the security objectives pursued. As part of the Security Procedures, Chic Resale may verify the User's telephone number, email, the User's credit card, debit card or other payment method, or bank account. Where information is incomplete or incorrect and/or there is no assistance from the concerned User’s side, in accordance with Section 13 below Chic Resale may suspend the provision of Services until correction has been done.
2.6 Additional Terms. By accepting these Terms, you also agree to the Catalogue Rules and Forum Rules (the “Additional Terms”), which are incorporated by reference. These Additional Terms are made available to you, in a format which allows them to be reproduced and downloaded, on the hyperlinked web pages. By accepting these Terms, you subject your use of the Services to these Additional Terms. Any violation of these Additional Terms is a breach of these Terms. In the event of any inconsistency between the provisions of the Additional Terms and the provisions of these Terms, these Terms shall be considered as being the specific terms and shall therefore prevail to the extent of the inconsistency.
2.7 Third parties’ terms and conditions. Certain features of the Site use tools and services provided by third parties, which may be governed by separate terms and conditions. For example, to use the E-wallet, you must agree to the E-wallet Provider’s terms and conditions. When third party tools and services are governed by separate terms and conditions, the Site will provide you with a link to the applicable terms and conditions. The latter will be made available to you in a format which allows them to be reproduced and stored within the relevant third-party services and must be separately accepted if you wish to use these third-party services.
2.8 Changes to these Terms. Any changes to these Terms will be subject to your prior approval. If you do not accept the Terms within 15 days from the date of being notified about any changes, Chic Resale reserves the right to restrict a User’s ability to use the Site until the updated Terms are accepted.
2.9 Unilateral Changes to these Terms. Chic Resale may unilaterally amend these Terms for valid reasons and in order to: a) adapt the Terms to legislative or regulatory provisions in force or being adopted; b) adapt the Terms to any decision handed down by a jurisdiction, a consumer agency or by any other competent authority, which affects the content of the Site or the Services offered by it; c) adapt the Buyer Protection rates to reflect inflation and/or the evolution of our costs; d) prevent abuse or harm or for security reasons; e) reflect changes to our Services pursuant to Section; f) reflect changes and developments in how Chic Resale operates the business; g) reflect changes in market conditions or standard industry practice; h) make editorial changes to these Terms (for example, to correct grammatical or spelling errors), insofar as these changes do not alter the content or meaning of these Terms. If Chic Resale makes any of the changes identified above, Chic Resale will inform Users about the amended Terms prior to the effective date of the changes, unless a) Chic Resale is legally required to make the changes immediately or within a shorter period b) the changes are made in accordingly, in which case they will enter into force immediately.
As of the effective date, you may continue to use Chic Resale's Services in accordance with the amended terms. The amendments will not apply retroactively and will not affect any Transactions that you have previously made on the Site. These amendments will not, either, degrade the quality or alter the characteristics of the Services rendered to you in consideration of a price you have already paid to Chic Resale. Similarly, the amendments may not increase the fees that you have already paid for the Buyer Protection that applies to previous Transactions. If you are not satisfied with the proposed amendments, you may terminate your relationship with Chic Resale at any time, free of charge. In this case, Chic Resale will continue to fulfil its obligations with respect to any ongoing Transactions that you have already placed on Chic Resale.
2.10 Any amendment to these Terms published on the Site will apply immediately to those Users who complete the online registration process following the publication of any such amendments on the Site.
2.11 We may add new Services, features and functionalities to our Services, without degrading the quality or altering to your detriment the characteristics of (i) the Services rendered to you in consideration of a price you have already paid to Chic Resale, (ii) the Hosting Services offered to you in respect of the Listings and Content that you have already posted on the Site.
3 LISTING ITEMS ON THE SITE
3.1 Permitted Items. Only Items that meet all of the following conditions may be listed on the Site: 3.1.1 The Item must belong to one of the categories listed under Allowed Items in the Catalogue Rules;
3.1.2 The Seller must have the right to transfer the ownership of the Item;
3.1.3 The Seller must not offer for resale items purchased in bulk or items sold as drop shipping products with a low resale value;
3.1.4 The sale, use or possession of the Item must not violate the rights of any third party (including any intellectual property rights) and must not violate any local, national or international applicable law or regulation. The Item must be safe and cannot be counterfeit;
3.1.5 The Item must comply with all commonly applied requirements on the market, unless there is an agreement to the contrary between the Buyer and the Seller;
3.1.6 The Items must comply with the E-wallet Provider’s list of prohibited and restricted products and services (if applicable, the hyperlink to such list will be provided here).
3.2 Uploading a Listing. To list an Item in the Catalogue, the Seller must comply with all Catalogue Rules. The Seller must complete the questionnaire, which includes selecting a category that most accurately represents the Item and uploading at least one (or more, if required, depending on the Item) good quality photograph. Sellers cannot use photographs found on the Internet and/or photos of a similar Item. The description and photographs of the Item must reflect the actual quality and external appearance of the Item, as well as any faults, defects or alterations affecting the Item.
3.3 Offer for Sale. When a Seller lists an Item in the Catalogue and the listing is published on the Site, this constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer.
3.4 Modifying a Listing. The Seller who has listed the Item may withdraw it or amend the price at any time, before entering into contract with a User for the sale of the Item in question. Modified Listings may no longer be eligible for Item Verification.
3.5 An Item may be eligible for Item Verification. If an Item is eligible for Item Verification, a badge signaling the Item Verification will automatically be added to the listing free of charge. The Seller will not have the possibility to opt-out. In case if during the Item Verification Services the experts identify a breach of Catalogue Rules (e.g. prohibited Item), such indication can result in Item rejection at the Warehouse. The rules for this Additional Service in section 4.3.1 will be applicable once the Buyer purchases an Item which is eligible for Item Verification. You can find out more information about Item Verification in the Help Center here including description of Item Verification outcomes in the Help Center here.
3.6 Content Removal. Chic Resale, after having been duly notified in accordance or by the competent Authorities, will remove any unlawful Content promptly. Chic Resale may also use automated software and algorithms to detect and delist or remove from the Site immediately, without prior notice, any Items or Content which is obviously unlawful,is contrary to good moral standards or public security or is breaches these Terms, the Catalogue Rules or the Forum Rules. The relevant User can appeal Chic Resale’s action. Chic Resale’s use of such automated software shall not be interpreted as an undertaking to monitor, or an obligation to actively search for, unlawful activities and or Content published on the Site and, to the extent permitted by the applicable law, does not give rise to any liability for Chic Resale
3.7 Holiday Mode. Users may apply a “Holiday” mode to their Account by changing the relevant settings in their Account. When the User has set their Account to Holiday mode, Items offered for sale by such User will be hidden from other Users.
4 ADDITIONAL SERVICES
4.1 Optional Additional Services are available for a fee to Sellers and Buyers. Information concerning such Additional Services, in particular their characteristics, will be made available to the User on the pages of the Site Help Centre entries that are dedicated to these Additional Services.
4.2 Additional Services available to Sellers. The Seller may choose the following payable Additional Service(s):
4.2.1 Bumping Listed Items. Users can increase a given Item’s visibility in other Users’ Item feed, newsfeed and Catalogue search results by purchasing a “Bump”. Chic Resale will provide the User with statistics on the number of Users who saw and interacted with bumped Items. Bumps can be purchased for various durations (e.g. one or several days) and the applicable fee will vary depending on the chosen duration and Item price. Bumps are valid for the given duration or until the Item is sold, whichever the earliest. Bumps are a single-use automated service and are not transferable from one Item to another or between Users. If a bumped Item is removed because it did not comply with these Terms or the Catalogue Rules, the price of the Bump will not be refunded. More information about bumping listed Items can be found in the Help Centre.
4.2.2 Wardrobe Spotlight. Items listed on the Site can be promoted to a separate section in other Users' newsfeed and Catalogue search results based on these Users’ preferences, catalogue filters, and most favourite Items. Chic Resale will provide the User with weekly statistics showing the number of Users who saw and interacted with Items in the Wardrobe. Wardrobe Spotlight only works when the User has five or more Items listed for sale for the duration of the Wardrobe Spotlight. Users cannot choose which Items are visible as part of Wardrobe Spotlight. Wardrobe Spotlight is a single-use automated service and is not transferable between Users. If one or more Items in the User’s Wardrobe Spotlight Item is removed because it did not comply with these Terms or the Catalogue Rules, and this results in there being fewer than five Items in the User’s Wardrobe, the Wardrobe Spotlight will end and the User will not be refunded. More information about Wardrobe Spotlight can be found in the Help Centre.
4.2.3 Payment for Additional Services. Bump or Wardrobe Spotlight duration and applicable fees will be shown to the User before they proceed with the payment. To pay for Additional Services, the User must either: (i) use the funds available in his/her E-wallet, (ii) provide his/her credit or debit card information, or (iii) provide the necessary details for any other payment method that is available on the Site. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a User on the Site, the User may be required to provide additional proof that a credit or debit card or other payment method does belong to a User. A confirmation of the purchase will be sent to the email associated with the User’s account.
4.2.4 If the User is blocked due to violations of these Terms or Catalogue Rules, all the User’s Items will disappear from the Site’s Catalogue and the price of active Additional Services for Sellers will not be refunded.
4.3 Additional Service available to Buyers: Buyers may choose Item Verification as an Additional Service according to the following provisions:
4.3.1 Item Verification. Items listed on the Site may be eligible for Item Verification. If the Item is eligible, the Buyer will see the option to purchase Item Verification before checkout is completed. If the Buyer purchased Item Verification, the Item will first be sent to and inspected by internal employees of the Chic Resale group. The Item may: a) successfully pass the verification process: the Item will then be sent to the Buyer. Once the Buyer receives the Item, the Buyer may follow the process under section to receive a refund under Buyer Protection. b) Fail the verification process: the Item will then be returned to the Seller. The Transaction will be cancelled and the Buyer will receive a refund of the Total Price. If the Item failed the verification process, the Seller cannot list the same Item for sale on Chic Resale. Read more in the Help Center here.).
4.3.2 Payment for Item Verification: You will see the fee for Item Verification wherever this Additional Service is offered and Payment for Item Verification will take place during the Checkout process. Provisions of 4.2.3 also apply for paying for Item Verification as well.
4.3.3 If the Item gets lost or damaged at the Warehouse the Transaction will be suspended. If the Item is confirmed by Chic Resale as damaged or lost at the Warehouse:
4.3.3.1 the Transaction will be cancelled; and 4.3.3.2 the Buyer will receive a refund of the Total Price; and 4.3.3.3 the Seller will be compensated the full Item price by Chic Resale.
4.4 Availability of Item Verification Service. Item Verification Additional Service is available in these territories described here in the Help Center.
4.5 Suspension of Additional Services. Without prejudice to the ongoing Transactions and the Additional Services, Chic Resale reserves the right to suspend/discontinue, with reasonable advance notice, the availability of any Additional Services. Where we need to make urgent changes for security, safety, legal or regulatory requirements, we may not be able to provide you with advance notice, but we will let you know as soon as we are able to.
5 BUYING ITEMS ON THE SITE
5.1 Buyers can buy Items on the Site by using the “Buy now” button. Chic Resale’s Buyer Protection applies for a fee to every transaction made using the “Buy now” button. After concluding the Checkout process, the Buyer will become a party to separate agreements:
5.1.1 Agreement between the Buyer and the Seller. Both the Buyer and the Seller acknowledge that completion of the Checkout process by the Buyer creates a legally binding agreement between the Buyer and the Seller based on (i) the description and photographs of the Item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these Terms. The Buyer undertakes to pay for the Item and the Seller undertakes to transfer ownership of the Item. For the avoidance of doubt, Chic Resale is not a party to this agreement.
5.1.2 Agreement between Chic Resale and the Buyer for the provision of the Buyer Protection service. The Buyer Protection is added for a fee to every purchase made using the “Buy now” button on the Site.
5.1.3 If applicable, agreement between Chic Resale and the Buyer for the provision of the Additional Service. Fees for Additional Services are added if the Buyer chooses to purchase the Additional Service.
5.2 Purchases made without using the “Buy now” button are made solely at the Users’ risk and Chic Resale will not offer any of the services included in the Buyer Protection in relation to such transactions. To the extent permitted by law, Chic Resale is not responsible for, and disclaims all liability arising out of or related to, purchases conducted off the Site. For your security and that of the transactions, we invite you to complete Transactions using the “Buy now” button and not to make transactions outside the Site.
5.3 Shipping Tracking System. Once the Item has been shipped by the Seller, the Buyer will be able to track the status of delivery using the Shipping Tracking System. Chic Resale provides the Shipping Tracking System which only reflects the tracking information provided by the shipping providers of the parcel. Consequently, to the extent permissible by applicable laws, Chic Resale disclaims any liability if the integrated shipping provider provides inaccurate, incomplete or outdated tracking information.
6 BUYER PROTECTION
6.1 With the Buyer Protection, the Buyer will benefit from the following:
6.1.1 Chic Resale's refund policy, which allows the Buyer to request a refund for Items lost, damaged in transit or Significantly Not As Described Items. Please see Section 6.5 for more details about our refund policy;
6.1.2 Chic Resale’s customer support, which can assist with (i) any Transaction issues, by having access to the Transaction details and assisting the Users regarding the Transaction, and (ii) delivery issues by having access to the delivery status and tracking details, and liaising with the integrated shipping providers. Please see Section 6.5 for more details about customer support assistance;
6.1.3 Safe payments through Integrated Payment System and protection of the Total Price, whereby all payments made through the Integrated Payment System are held on Escrow until the Transaction is completed. Please see Section 7 for more details about safe payments and the Integrated Payment System.
6.2 Benefits of the Buyer Protection are offered only as a combination and are not offered as separate services.
6.3 Buyer Protection Fee. The Buyer will be informed before paying of the total amount of Buyer Protection fees that will apply to a Transaction. More information on how the Buyer Protection fee is calculated is available on this page.
6.4 Not insurance. The Buyer Protection is not an insurance or a legal protection service. Buyer Protection is a service offered by Chic Resale. It does not replace the Buyer’s legal rights or legal guarantees, which can be exercised in addition to, and independently from the Buyer Protection.
6.5 Process for Receiving a Refund Under the Buyer Protection. The Buyer Protection includes the right for Buyers to obtain a refund if an Item is lost or damaged during shipping or if the Item is Significantly Not As Described provided that the process below is met:
6.5.1 The Buyer must report the issue within the Dispute Filing Period. The Buyer must report the issue to Chic Resale by clicking the “I have an Issue” button in their Private Message window and completing the issue submission flow within two (2) days from when the Buyer is notified by Chic Resale: (i) that the Item should have been delivered to the Buyer; or (ii) that the parcel seems to be lost; (such a 2-day period, the “Dispute Filing Period”). This will suspend the Transaction and the Total Price will be retained in Escrow until the issue is resolved. If the Buyer does not report the issue within the Dispute Filing Period, the Transaction will be completed. In this case the purchase price of the Item and also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used) held in Escrow will be released to the Seller.
6.5.2 Items Lost or Damaged in transit. If the Buyer does not receive the Item or if the Item was damaged in transit, the Buyer must inform Chic Resale within the Dispute Filing Period. Once the Item has been confirmed as lost or damaged in transit, the Buyer will be issued a refund of the Total Price on Chic Resale.
In case of dispute about the loss or damage caused to an Item in transit, the information provided by the shipping provider will be deemed accurate, unless and until evidence to the contrary is provided to Chic Resale by the User.
6.5.2.1 If Item Verification was purchased by the Buyer and the Item is lost or damaged in transit when the Item is shipped from: (a) the Seller to the Warehouse; (b) the Buyer to the Warehouse (in an Item return situation) then the order will be suspended automatically and both the Buyer and the Seller will be informed in the Private Message. If the Item is confirmed by Chic Resale as lost or damaged in transit, the transaction will be cancelled, Buyer will get a refund of the Total Price and the Seller will be compensated in accordance with Section 9.1.1.
6.5.3 For Items Significantly Not as Described Items (excluding counterfeit claims). Items must comply with the description and photographs provided by the Seller in the Item listing. If the Item received by the Buyer does not comply with the description and photographs provided by the Seller, it will be considered as “Significantly Not as Described”. If the Buyer considers that the Item received is Significantly Not as Described, the Buyer must report the issue to Chic Resale within the Dispute Filing Period and follow this process:
6.5.3.1 Seller can release the refund with no Item return: If the Seller chooses to release the refund to the Buyer, the Transaction will be cancelled and the Buyer will receive the refund of the Total Price.
6.5.3.2 Seller can request Item return: If the Seller requests the item return by completing the return request submission flow, the Buyer will have to choose the return shipping method and send the Item back to the Seller within 5 days. The Buyer must pay for the return of the Item, unless otherwise agreed with the Seller. If the Buyer chooses to return the Item using a return shipping integrated label purchased on Chic Resale, the Buyer must use the automatically generated pre-paid shipping label to return the Item.
6.5.3.2.1 If the Item was purchased with Item Verification Service, the Buyer will only be able to choose Integrated Shipping (Pre-paid shipping label) to send back the item to the Seller and will cover the return shipping price from Buyer to Warehouse. The Item will first be sent to the Warehouse for the Item to go through Item Verification before the item is returned to the Seller. If the Item is being returned, the Item may: i) successfully pass the verification process - the Item will be sent to the Seller and the process from Section 5.3.3 onwards will follow. ii) Fail the verification process - it will be returned to the Buyer and the Transaction will be completed as per Section 7.2.
6.5.3.3 From when the Seller is notified by Chic Resale that the parcel should have been delivered or seems to be lost, the Seller will have two (2) days to confirm that Everything is OK with the Item or report an issue: a) If the Seller reports an issue about the returned Item by contacting customer support, Chic Resale’s customer support will investigate the issue and make a final decision. b) If Seller confirms Everything is OK with the Item or if the Seller does not take action within 2 (two) days from when the Seller is notified by Chic Resale that the parcel should have been delivered or seems to be lost, the Transaction will be cancelled and the Buyer will receive a refund of the Total Price.
6.5.3.4 a) If any of the Users escalate the issue to Chic Resale’s customer support or if the Seller does not take neither of the actions identified in 6.5.3.1 and 6.5.3.2 within 14 days of Buyer’s submission of the issue, the issue will be resolved by Chic Resale’s customer support. Chic Resale customer support will determine whether the Item is Significantly Not as Described by evaluating the information / evidence provided by Buyer and Seller and may request additional information from Users. b) If Chic Resale determines that the Item is Significantly Not as Described, the Seller will have 2 (two) days to take an action described in 5.3.1 or 6.5.3.2 above. If the Seller does not take either of the action within 2 (two) days, the Transaction will be cancelled and the Buyer will receive a refund of the Total Price. If Chic Resale determines that the Item is not Significantly Not as Described, the Transaction will be completed and the purchase price of the Item and also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used) will be issued to the Seller.
6.5.3.5 In cases when the Transaction is cancelled without Item return under the above rules, Users can continue communication directly about the return of the Item and Chic Resale VINTED will no longer assist / mediate.
6.5.3.6 For Items Significantly Not as Described (counterfeit claims). If the Buyer considers that the Item received is counterfeit, the Buyer must report the issue to Chic Resale within the Dispute Filing Period and the Transaction will be suspended. Chic Resale will investigate the report and will ask both the Buyer and Seller to provide information to support their position. Chic Resale can ask for additional information from both the Buyer and / or the Seller if Chic Resale indicates a need for it. Based on all the relevant information available to Chic Resale, then Chic Resale will ultimately make decisions on a case-by-case basis and both the Buyer and the Seller commit to respect such decisions made by Chic Resale.. The following process will apply: (a) If Item Verification was not used. (i) If there are no reasons to doubt the authenticity of the Item, the Transaction will be completed and the purchase price of the Item and, also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used), will be released to the Seller. (ii) If there is no sufficient information allowing Chic Resale to determine whether the Item is counterfeit, the Buyer and the Seller will be notified that the case is considered to be ambiguous, the Buyer will be asked to return the Item to the Seller and the Transaction will be cancelled. The Buyer must pay for the return of the Item, unless otherwise agreed with the Seller. (iii) If there are strong, objective and concrete indications that the received Item is counterfeit, the transaction will be cancelled and the Buyer can get a refund without having to send back the Item to the Seller. In this case, the Seller will be informed of Chic Resale’s findings and that he may provide new arguments or evidence confirming the authenticity of the Item only if he expresses his disagreement within an extra 24 hours. If the Seller will not respond or the additional provided evidence or arguments will not be sufficient to change Chic Resale’s findings, the Transaction will be cancelled and the Buyer will not be required to return the Item in order to get a refund. In case after Seller’s additional evidence or arguments Chic Resale VIe changes the findings, outcome indicated in either 6.5.3.6 a)(i) or 6.5.3.6 a)(ii) (depending on the outcome) will be applied. (b) If Item Verification was used (i) If there are no reasons to doubt the authenticity of the Item, the Transaction will be completed and the purchase price of the Item and also the shipping fee will be released to the Seller; (ii) In all other cases, the Buyer will be requested to send the Item back to the Warehouse for Item Verification. The Item will be returned to the Warehouse through Integrated Shipping (Pre-paid shipping label). The Item being returned may: 1) Successfully pass the verification process - the Item will be sent back to the Buyer and Transaction will be completed as per 7.2; 2) Fails the verification process - the Item will be returned to the Seller, the Buyer will be returned the Total Price and the Transaction will be cancelled.
6.5.4 No Refund. The Buyer will not be entitled to a refund and the purchase price of the Item and also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used) will be released to the Seller if: (i) pursuant to the process described in Section 6.5.3 above, Chic Resale determines that the Item is not “Significantly Not as Described”; (ii) the Buyer does not report the issue to Chic Resale within the Dispute Filing Period as described in Section 6.5.1 above unless 6.5.2.1 applies (where the Transaction is automatically suspended if the Item is lost or damaged in transit during the Item verification process); (iii) the Item has been tampered with, washed, used, tested or modified in any way whatsoever by the Buyer; (iv) the Buyer has already confirmed that the Item matches its expectations by clicking on the “Everything is ok” button in the Buyer’s Private Message with the Seller; (v) the Buyer did not provide sufficient proof within the required timeline by Chic Resale customer support that the Item has been damaged in transit (sufficient proof deemed required by each shipping provider in their Terms and Conditions); or (vi) Chic Resale decides that there is sufficient proof in the process of investigation of a reported issue that the Buyer carries out activities which abuse or misuse the Services.
6.6 Return of Bundle Items. If the Item to be returned was purchased at the same time as other Items from the same Seller (as part of a “Bundle”), then the Buyer must return all Items in the Bundle and will obtain a refund for all the Items in the Bundle. You can find out more details about purchasing a bundle in the Help Center here.
6.7 Acknowledgment of Chic Resale’s role in issuing refunds under the Buyer Protection. Users agree to comply with the process for receiving a refund under Buyer Protection and to collaborate with Chic Resale to enable Chic Resale to make decisions on any Buyer Protection related issue based on the objective criteria set forth in these Terms. If the Users resolve the issue between themselves after it has already been escalated to Chic Resale’s Customer Support, the Users undertake to inform Chic Resale Customer Support about such an outcome.
6.8 The Users can use the complaint procedure regarding Chic Resale’s decision, as described in Section 16. 6.9 For the avoidance of doubt: Buyer Protection also applies in cases where the Buyer ordered Item Verification.
7 PAYING FOR AN ITEM
7.1 Safe Payments through the Integrated Payment System. Chic Resale contracts with the Integrated Payment System Provider to process payments made using the Integrated Payment System and to store information relating to the credit cards, debit cards, and any other payment method offered on the Site. Payment of the Total Price can be made by credit or debit card or any other payment method that may be introduced from time to time on the Site. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a User on the Site, the User may be required to provide additional proof that a credit or debit card or other payment method does belong to a User (the same applies for paying for Additional Services as described in Section 4.2.3). If by use of the automated software and/or algorithms, Chic Resale suspects an unauthorized use of credit or debit card data or payment information when a payment is made, this payment may be cancelled or the Buyer may be asked for additional verification If the Buyer has funds available on the E-wallet (Chic Resale Balance), such funds will be automatically used to make purchases on the Site from other Users. If the Buyer does not have enough funds in his/her E-wallet (Chic Resale Balance) to cover the total amount due, Buyer can cover the missing portion by paying through other available payment methods. The Total Price is held on an Escrow account handled by the E-wallet Provider. Once a Transaction is initiated, the Integrated Payment System Provider acquires funds from the Buyer on behalf of the Seller and the E-wallet Provider holds those funds in Escrow for disbursement. Chic Resale supports its Users in using the services provided by the E-wallet Provider as well as Integrated Payment System Provider and provides direct assistance to Users for such services; however, for the avoidance of doubt, Chic Resale does not provide any payment processing services for Users. Users must provide accurate information associated with credit cards, debit cards, and any other payment method offered on the Site.
7.2 Completion of a Transaction. The Total Price paid by the Buyer will be retained by the E-wallet Provider in Escrow until the Transaction is marked”Completed” in the Private Message. Once the Transaction is completed, the purchase price of the Item and also the shipping fee (only if a shipping option other than Integrated Shipping (Pre-paid shipping labels) was used) will be transferred by the E-wallet Provider to the Seller’s E-wallet (Chic Resale Balance). A User also has an option to have the funds available in a User’s E-wallet (Chic Resale Balance) transferred by the E-wallet Provider to the User’s personal bank account without any transfer fee. However, for the first pay-out, a User must provide bank account details; please see Section 8 for more information about the E-wallet ( Chic Resale Balance) function.
7.3 Use Restrictions of the Integrated Payment System:
7.3.1 No Third Party Use. The right to use the Integrated Payment System is only for sales in a User’s own name. A User may not resell, hire, or on any other basis allow third parties to use the Integrated Payment System to enable such third parties to be paid for their services.
7.3.2 Permitted Items Only. The Integrated Payment System is only for Transactions regarding the Items on the Site and not for any other products or services.
7.4 Currency; Taxes. All prices are expressed in the User’s local currency, including any applicable VAT.
8 E-WALLET
8.1 Setting Up E-Wallet (Chic Resale Balance). E-wallet (Chic Resale Balance) is a payment service provided by the E-wallet Provider. When a User creates the E-wallet (Chic Resale Balance), the User enters into a contract directly with the E-wallet Provider, and the User will be accepting the E-wallet Provider’s terms and conditions. Users will be asked to confirm this during E-wallet (Chic Resale Balance) creation. For the first sale Transaction, the Seller will be asked to create an E-wallet ( Chic Resale Balance) by providing the Seller’s name, surname, date of birth, address, nationality and phone number (if required). If the Seller fails to do so within five (5) days, the sale Transaction will be cancelled. Before the first sale Transaction takes place, Users can also create the E-wallet (Chic Resale Balance) on their own initiative by going to their account settings (select “Balance”, then press “Activate Balance”) and providing the required data.
8.2 KYC Checks. Once the E-wallet (Chic Resale Balance) is created, Users will be subject to regulatory procedures applied by the E-wallet Provider, such as identity check and other requirements of the “Know Your Customer” (KYC) procedure when respective financial thresholds are met. Those financial thresholds are set by the E-wallet Provider. In addition, the E-wallet Provider may also carry out KYC checks on the User without reaching set thresholds if it suspects that this User is engaging in possibly fraudulent or suspicious behavior. For the identity check purposes, User may be asked to provide additional information (such as a copy of its passport, identity card, or driver's license and/or in some instances you may be required to provide proof of residency and/or bank statement) as requested by the E-wallet Provider (more info here). If a User fails to provide the documents required by the E-wallet Provider, the User’s E-wallet (Chic Resale Balance) may be suspended and the User will not be able to pay out the funds until User’s identity is confirmed. The E-wallet Provider might also suspend User’s ability to make transactions from its E-wallet (Chic Resale Balance). If on the other hand a User has committed an illegal act, e.g. uploaded a fraudulent document or took any other unlawful actions referred to in point 13.3, and the E-wallet Provider deemed such User as fraudulent, he / she will no longer be able to overcome KYC check again and Users will not be able to pay out or reach the funds (more info here).
8.3 Transferring funds from an E-wallet (Chic Resale Balance). Users can transfer funds from their E-wallet (Chic Resale Balance) to their bank account. This transfer will be performed by the E-wallet Provider. To enable this option, the User must first go to User account settings and add the User’s bank account number, full name and billing address. If a User reaches the KYC thresholds referred to in Section 8.2 above or if the E-wallet Provider suspects that the User is engaging in possibly suspicious or fraudulent activity, the User will not be able to transfer funds until they complete the relevant KYC checks.
10 INTERACTION AND MESSAGES ON THE SITE
10.1 Private messages The exchange of Private Messages between Users is solely for the purpose of exchanging information between Users regarding the Items in the Catalogue. If a User sends Private Messages to another User, he/she must ensure that he/she does not send: 1. messages or information that feature advertising (unless as permitted by the Forum Rules); 2. Spam or content spreading viruses or worms; 3. Mass mailing messages of any other kind whatsoever (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not asked to receive them); 4. messages containing texts contrary to good moral standards and public security, inappropriate, insulting or defamatory messages or those otherwise regarded as incompatible with these Terms and the interests of Users; 5. Messages of an unlawful nature or otherwise attempting to cause harm to other Users and/or the Site; 6. Messages that may qualify as harassment of any kind whatsoever. Chic Resale may use automated software and algorithms to detect content of Private Messages that are contrary to good moral standards and public security, or that indicate fraudulent behavior. If the automated software detects any such content in a Private Message without limiting other remedies available to Chic Resale, (i) the Private Message and User may be blocked and/or the Private Message may be hidden from the User to whom it was sent and (ii) the User who sent such Private Message may receive a warning reminding the User of his/her obligation to comply with these Terms informing the User that Chic Resale may take further steps as described in Section 13 below, such as suspending the User's Account in case of further violations. Chic Resale’s use of such automated software shall not be interpreted as an undertaking to monitor, or an obligation to actively search for unlawful activities and/or content on the Site and, to the extent permitted by applicable laws, does not give rise to any liability for Chic Resale.
10.2 Exchange of feedback amongst Users Once a Transaction has been completed, the Buyer and Seller can publish reviews about each other on the Site. No compensation is given to Users or to Chic Resale in exchange for online reviews. A User’s review on another User must always be fair and honest. Lies and insults are forbidden. Chic Resale does not check reviews prior to publication on the Site by Users. If any review that has been published on the Site is inappropriate or abusive or otherwise does not comply with these Terms, Users may report the review to Chic Resale in accordance with the reporting procedure described in Section 11.5 below. Upon request of a User, Chic Resale will remove reviews in accordance with these Terms and applicable laws. Additionally, Chic Resale may block the account of any User, who provides a review that does not comply with these Terms, as set forth in Section 13.1. Only Users may write and post reviews on the Site. 10.3 Forum Before using the Forum, each User must read the Forum Rules. Users must comply with the Forum Rules when using the Forum. Users are responsible for the messages they post in the Forum, and Users should not share any confidential or private information in the Forum. Chic Resale is not responsible for Content in the Forum (or for what Users and Visitors do with such Content). If the identity of a User who has posted a message or a topic is made public, Chic Resale may not be held responsible if such disclosure was caused (i) by actions committed by the User or (ii) by a third party, of which Chic Resale had no knowledge.
11 LIABILITY
11.1 All Users are fully liable for any information they post on the Site as well as for the Items they offer, sell or transfer to other Users. Without limiting the foregoing, Users acknowledge and accept that they are fully responsible for uploading any Item in the Catalogue, as well as for the Item description, photographs and videos, for any information posted on the Site and declarations made to Buyers or other Users and for the accuracy of the other details provided (including Private Messages, feedbacks and Forum postings) (hereinafter together referred to as the “Content”). In addition, Users are solely responsible for the Transactions undertaken with other Users and disputes that could result from them, save in cases where disputes are caused by Chic Resale’s failure to comply with its obligations under these Terms.
11.2 Users must comply with all laws, rules and regulations that are applicable to them when using the Site. Users must in particular refrain from (i) infringing the rights of third parties, (ii) infringing intellectual property rights or listing counterfeit Items, (iii) listing Items that violate laws or regulations; (iv) inciting offences or crimes, discrimination, hate or violence based on race, ethnic origin or nationality, (v) communicating incorrect information or confidential information, (vi) making defamatory comments, (vii) committing actions that might place minors in danger, (viii) publishing the personal data of other individuals or breaching privacy rights or (ix) misappropriating someone else’s identity; or (x) uploading or otherwise inputting any Content that is unlawful, false, or inaccurate. Users must act and use the Site in good faith.
11.3 Chic Resale acts as a mere intermediary between Buyers and Sellers. If any User or Visitor reports any misconduct of another User or Visitor to Chic Resale, therefore, Chic Resale may provide assistance to the affected party. Chic Resale will also cooperate with local authorities if required. In the event that a User does not comply with Section 12 or otherwise violates these Terms, the User recognizes and accepts that he/she is solely responsible for any and all resulting direct and indirect losses of third parties or Chic Resale, when permitted by law. Consequently, the User recognizes and accepts that to the extent permitted by applicable law, and save for cases of breach of these Terms, Chic Resale will under no circumstances be held responsible for any damages or losses suffered by Visitors or Users and/or third parties. In particular, without this list being exhaustive, Chic Resale will not be held responsible for: (i) actions or omissions of Users, (ii) the appropriateness, accuracy, exhaustiveness, and/or legality of any Content; (iii) the safety, quality, and quantity of Items that Users sell or buy via the Site, nor the conformance of an Item with the description given, (iv) any issue with the Transactions, except where expressly stipulated under the Buyer Protection.
11.4 Chic Resale is not responsible for the Content generated by Users. Users are responsible for their Content. Users acknowledge and accept that, in its capacity as a hosting provider, Chic Resale has no contractual duty to undertake any verification of the Content and the Items listed in the Catalogue, and, to the extent permitted by applicable law, will under no circumstances be held responsible for any damages or losses suffered by Visitors or Users and/or third parties in respect to these Content and Items. In accordance with its legal obligations Chic Resale, will remove from the Site any unlawful Content that has been duly reported to it, in a sufficiently detailed and clear way. If Chic Resale detects Content or Item that violate, or are likely to violate, applicable laws and/or these Terms, Chic Resale takes action against the User, as provided for in Sections 3.6 and 13.
11.5 If any User or Visitor discovers Content condoning crimes against humanity, inciting racial hatred and/or violence, and/or terrorist acts, concerning child pornography or any other unlawful content, Chic Resale must be informed immediately either by: 1. applying the reporting procedure described here; 2. contacting Chic Resale via the contact form; 3. sending an email to the according address ; 4. sending a letter outlining the underlying facts in detail to the following address: Chic Resale reserves the right, to suspend immediately, without notice, the account of the User (including any in-progress Transactions) and remove the Content, as provided for in Section 12.
11.6 If a User believes that any Content might violate these Terms and/or their rights and/or the rights of a third party (e.g. counterfeiting, insult, breach of privacy rights, product safety issue), the Users may notify this to Chic Resale either by: 1. applying the reporting procedure described here; 2. contacting Chic Resale via the contact form; 3. sending an email to the according address 4.sending a letter outlining the underlying facts in detail to the following address:
11.7 Intellectual property rights holders shall submit a notice of intellectual property rights infringement by filling out the form available here.
11.8 If there is a product safety issue with an Item, Users are advised to stop using the Item.
11.9 Tax. Chic Resale is not responsible for any tax liabilities or reporting obligations that might arise to Users from their activities within the Site. For the purpose of the Transactions undertaken on the Site, the Users themselves are solely responsible for any taxation reporting duties, if any would arise under applicable legislation.
11.10 Data Security. In compliance with applicable laws and regulations, Chic Resale takes all appropriate measures to protect the security of the data provided by Users and to prevent our Services from compromising the data and software stored on User's computers, tablets or smartphones. However, even when Chic Resale has taken appropriate measures consistent with legal requirements, its systems may still be compromised by unpredictable events such as cyber-attacks or security breaches regarding the transmission of data or affecting the volume and speed of data transmissions. In these conditions, we strongly suggest that Users take all appropriate measures to protect their own data and/or software, particularly from contamination by any viruses circulating on the Internet.
11.11 Liability for Item Verification. Chic Resale will have the following rights and limitations for the Item Verification: 1. If and insofar as Chic Resale inspects the authenticity of the Item, Chic Resale will perform this task with reasonable skill and care and will act with professional diligence in the form of a visual inspection using appropriately trained personnel. We will examine, based on objective criteria including their brand knowledge and the information at their disposal, whether the Item is authentic. 2. Item Verification does not have any contact with, discussion or other involvement of the brand owner. 3. When conducting Item Verification, negligence, in the case of culpable injury to life, body and health and in case of mandatory statutory liability. provided that we have acted with professional diligence, Chic Resale does not take responsibility for loss or damage caused by us, unless it is (i) caused by our breach of these Terms; or (ii) reasonably foreseeable at the time of entering into these Terms (i.e. either it is obvious that it will happen or if, at the time of this contract, it is known that it might happen). We do not take responsibility for loss or damage if it is caused by events beyond our reasonable control. Nothing in these Terms affects any statutory rights that you cannot contractually agree to alter or give up, or are legally always entitled to as a consumer. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. You will always have the full protections of the laws that apply to you. 4. If the Item is confiscated, detained for a prolonged period and/or destroyed upon order of a legal enforcement authority (including a customs authority) and/or the owner of intellectual property rights in the Item, and therefore it cannot be returned to the Seller in accordance to Sections 4.3.1 b) and 6.5.3.5 b)(ii)(2), Chic Resale will comply in all respect with applicable due legal process including, without limitation, not objecting to any such requests from the legal enforcement authority and/or owner of intellectual property rights in the Item to confiscate, detain for a prolonged period and/or destroy the Item. If a legal enforcement authority and/or owner of intellectual property rights in the Item instruct Chic Resale that the Item will be confiscated, detained for a prolonged period and/or destroyed, Chic Resale shall not be liable to issue any compensation for the confiscation, prolonged detention and/or destruction of the Item.
12 OBLIGATIONS OF THE USER
12.1 When providing Services, Chic Resale takes efforts to ensure that Users can use the Site safely. A secure and trusted experience constitutes an integral and an essential part of all Services. Nevertheless, keeping this environment safe and secure is highly dependable on the Users and their behavior. For this reason, when using the Site, Users undertake to follow the rules stipulated in these Terms, including, but not limited to, the rules described in this Section 12 and Sections 13.2 and 13.3 below.
12.2 Users undertake to, and Visitors shall
- When registering on the Site, provide truthful information about him/herself, (including, without limitation, with respect to his/her name and email address);
- Register on the Site only once and not create more than one Account unless a third party obtains access to a User’s Account, the User may create another Account, but only after the User has informed Chic Resale about the third party access and Chic Resale has blocked the original Account;
- Not use the Site and/or the Services with the intent to undertake unlawful or fraudulent actions or transactions;
- when using the Site, provide objective, correct, exhaustive and detailed information about Items being sold;
-Ensure that the price proposed for the sale of the Items, as well as other information regarding them, is correct;
-Not copy any content or information appearing on the Site and uploaded by Chic Resale or another User of the Site,
-Not use any content or information appearing on the Site for any unlawful purpose;
-Refrain from using any kind of external software tools (including but not limited to: bots, scraping programs, crawling programs, spiders) when registering on the Site and/or when using the Site and/or Services (including but not limited to: for the purpose of promoting Items, adding Items to favorite), unless such a use is authorized, offered or in any other way allowed by Chic Resale.
12.3 Users undertake not to, and Visitors shall not, when using the Site:
-Share, publish or otherwise use misleading or incorrect information and/or data;
-Encourage the acquisition of any goods, where the sale or possession of the goods is forbidden or restricted;
-Use (in particular share and/or publish) photographs (i) for which the respective User does not hold the intellectual property rights (in general, these are photos found on the Internet), or (ii) which contain links to other websites;
-Use (in particular share and/or publish) photographs (i) on which people other than the respective User itself is visible, unless the other visible people have consented to the publication of these photographs; or (ii) which are or may be considered contrary to good moral standards and/or public security (for example, erotic photographs, pornographic photographs or photographs with violent contents);
-Publish any Content praising, promoting, encouraging or inciting terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-injury, suicide, torture, cruelty to animals, apology of war crimes, sexual exploitation of children and/or adults, cults;
-Offer, sell, buy and/or transfer Items in breach of the intellectual property rights of third parties, such as registered trademarks and/or other signs to the extent they are protected by the applicable law (such as for example company signs in certain jurisdictions), design rights and/or copyrights
-Violate the rights of ownership and/or the personal rights of third parties (including intellectual property rights);
-Violate applicable laws and/or regulations;
-Act contrary to public security and/or good moral standards;
-Use (in particular share and/or publish) programmed and/or computer files which contain viruses, or which might (i) disrupt the normal operation of the Site and/or the Services, (ii) infect the computers of Users and, therefore, lead to losses for the User or his/her assets or (iii) prevent the User from using the Site, the Services or the User’s computer;
-Offer and/or share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by the Site;
-Offer, share or otherwise promote links to other websites or companies that provide similar services to those offered by the Site nor to websites or companies whose content or activity is illegal or contrary to our content policies;
-Mine data, screen scrape or crawl any part of the Site;
-Disassemble, decompile or reverse engineer any part of the Site;
-Adapt, copy, vary, edit, distribute or commercialize any content in the Site without the prior written consent of Chic Resale.
12.4 Users undertake not to, and Visitors shall not, collect, hold concurrently, transmit to third parties, make public, publish or disclose data of the Users of the Site or data on the actions of Users of the Site, including Transactions, their number, type, price, etc., if the data became available in an illegal manner or following an unlawful action or an omission. Users undertake not to, and Visitors shall not collect, hold concurrently, transmit to third parties, make public, publish or disclose information that appears on the Site, if such may affect the rights of other Users, including but not limited to intellectual property rights or privacy rights. This restriction does not apply to the "share" function which exists on the Site and allows Users to share public information available on the Site in Chic Resale’s Social Networks Accounts or in their own social network accounts, as well as to send such information to themselves or others by email.
12.5 The User agrees to keep his/her Account login details and password confidential and not to disclose his/her login details or password to any third parties, (except for persons who the User authorizes to use his/her login details and password). The User is solely responsible (to Chic Resale and to others) for all activity that occurs under the User’s Account. If a User knows or suspects that any unauthorized third party knows the User’s password or has accessed the User’s account, the User must promptly notify VINTED via the contact form.
12.6 The User agrees to immediately update any information on the Site that is no longer current or accurate, including the information provided by the User while registering on the Site and information in the User’s Account, as well as information on the Items listed in the Catalogue.
12.7 When using the Site, the User represents:
That he/she is an individual, that he/she is aged 18 years or more (otherwise, the parent(s) or legal guardian must sign-up in his/her place and supervise the use of the Site by the minor), (ii) that he/she uses the Services of the Site only for his/her personal benefit and not for any professional activity, and (iii) that he/she has full capacity and all the rights to carry out the Transactions on the Site;
That he/she understands that he/she is fully responsible, in accordance with these Terms and applicable law, for carrying out its obligations under the agreement entered into between the Buyer and the Seller, as defined in Section 5.1.1 of the Terms;
That he/she understands that when ordering an Item, he/she undertakes to buy this Item, and that the failure to carry out this Transaction may oblige him/her to reimburse the losses suffered by the Seller;
That he/she understands that he/she must pay Chic Resale the Buyer Protection fee for every Transaction made using the “Buy now” button; and
That he/she understands that he/she must pay Chic Resale if he/she decides to purchase the Additional Services.
13 CHIC RESALE S RIGHT TO RESTRICT AND BLOCK ACCOUNTS
13.1 Restriction and Blocking of User Accounts. In order to ensure a safe and secure environment for Users using the Site, Chic Resale may, including by use of automated software and/or algorithms:
Restrict a User’s Account. Users whose Accounts are restricted i) are prevented from using or accessing some of the features of the Site, such as, but not limited to, the ability to list Items, to carry out Transactions, to transfer funds held on their Chic Resale E-wallet (Chic Resale Balance), to send private messages to all other Users, to see the Items listed by all other Users or ii) shall endure reduced visibility of their Items in query search result pages;
Block a User’s Account temporarily or definitively. Users whose Accounts are blocked are no longer allowed to access the Site. Where applicable, they will be able to complete any pending Transactions and transfer the funds held in their Chic Resale E-wallet (Chic Resale Balance) to their bank account, provided that Users completed the relevant KYC checks (if required). However, if the Account was blocked due to the fact that Account was compromised or based on the E-wallet Provider’s decision to deem Users as fraudulent or in order to ensure that interests and rights of other platform Users are protected, such Users might no longer be able according to applicable law to transfer the funds held in their Chic Resale E-wallet (Chic Resale Balance) to their bank account. If Chic Resale blocks a User’s Account, it may prevent this User from registering again on the Site. Chic Resale undertakes to take restriction or blocking measures that i) take into account the reasonable interests of the Users when taking these measures, ii) are proportional to the circumstances and, in particular, to the breach(es) committed by the User. Breaches committed by Users will lead to a temporary blocking and/or restriction of their Account, unless i) the User whose Account has been already temporarily blocked and/or restricted does not refrain from further misconduct, or ii) these breaches are serious or repeated, in which case the User’s Account will be definitively blocked.
13.2 Blocking with Notice. Chic Resale may restrict and/or block a User’s Account, after having informed this User on a durable medium and observed a reasonable notice period, if this User:
Breaches these Terms, the Catalogue Rules or the Forum Rules;
Provides or publishes, when registering on the Site or using the Site, incorrect, misleading, obsolete and/or incomplete information according to these Terms, or fails to keep such information up-to-date;
Deliberately and intentionally insults other people;
Abuses the functionalities provided by the Site or uses them in bad faith, such as by abusing the possibility to report Content or to appeal Chic Resale’s decisions to restrict use of the Site, account blocks or content removal;
Is listing and selling Items as part of a professional commercial activity, in breach of the Catalogue Rules.
13.3 Immediate Blocking. Notwithstanding the above, Chic Resale can restrict and/or block the User’s account with immediate effect and without prior notice or warning in any of the following cases:
User Account Reported by the E-wallet Provider. The E-wallet Provider may report to Chic Resale any User Account if the E-wallet e Provider has serious reasons to suspect that, in its use of the payment services provided by the E-wallet Provider this User has violated applicable laws and/or the E-wallet Provider’s terms and conditions, and/or misused the Site (including illegal sales on the Site, money laundering, scamming, identity theft, use of false documents).
User-Initiated Payment Dispute via an external Payment Service Provider. If any User initiates a dispute resolution procedure in relation to a Transaction via an external Payment Service Provider and there are objective and legitimate reasons to believe that, in this context, the User has violated applicable laws, breached these Terms and/or misused the Site, Chic Resale may immediately restrict and/or block the User’s Account (including suspending and/or cancelling any in-progress Transactions).
Violation of Applicable Laws, Public security or User safety. The User’s use of the Services or Content posted by the User obviously violate any laws, regulations or rules of public security or are likely to have serious consequences for the health, safety or legitimate economic interests of Chic Resale, other Users or third parties. For instance: The User has uploaded to the Site Content condoning crimes against humanity, inciting racial hatred and/or violence or concerning child pornography; o The User is misappropriating the identity of another User or person; There are consistent and objective reasons to suspect that a fraud of any kind whatsoever has been committed or is being committed by a User, or that a User misuses the platform in a way that endangers the safety of other Users or the security of the platform, such as, but not limited to, logging in from suspicious IP addresses, scamming or spamming other Users. Chic Resale undertakes to conduct its fraud investigation diligently, and to examine promptly and seriously any claim by the suspected User.
Regulatory Obligation or Imperative Legal Reason, where observing a notice period would violate any law, regulation or the direction of a legal enforcement authority, or would otherwise risk liability for Chic Resale or its affiliates.
IT Security Risk. There is a risk to the security and technical operation of Chic Resale’s IT system.
Repeated or Serious Breaches, where the User has committed repeated breaches of these Terms, the Catalogue Rules or the Forum Rules.
13.4 Notification. In circumstances referred to in Sections 13.1 to 13.3 above, Chic Resale will provide the User with a notification stating the reasons for the restriction or blocking of their Account, on a durable medium, unless doing so would:
Infringe any applicable laws, regulations or the direction of a legal enforcement authority or would otherwise risk liability for Chic Resale or its affiliates;
Disrupt a fraud investigation;
Facilitate the continuation or repetition of a fraud, a violation of laws or a serious breach of these Terms and/or the E-wallet Provider’s terms and conditions.
13.5 Chic Resale may investigate any violation of these Terms and, subject to applicable laws such as data protection laws, inform the competent institutions and authorities.
13.6 Appeal. In the event that Chic Resale exercises its rights under this Section 12 and under Section 3.6 above, the affected User can challenge Chic Resale’s decision via the contact form.
14 CHIC RESALE’S RIGHTS AND OBLIGATIONS
14.1 CHIC RESALE may, at any time, re-organize the Catalogue, advertising spaces or other information on the Items, subject to these changes not amending the Content provided by the User, in order to make the Site more user-friendly. Such changes will not lead to disadvantages for the Sellers and will not restrict Chic Resale’s obligations under these Terms.
14.2 Chic Resale may, at any time, publish News or other communications regarding short and long-term offers on the Site, competitions, campaigns, games or promotions or otherwise make special, limited time, or exclusive offers available to some or all Users that comply with national laws (collectively - “Promotions”). Special conditions may apply. Certain features or functionalities of the Site may be temporarily altered or disabled during or in connection with a Promotion. Chic Resale reserves the right to discontinue any Promotion at any time, without notice to Users. Promotions may be subject to certain eligibility requirements, determined by Chic Resale. Information regarding Promotions may be provided on the Site upon the launch of such Promotion and, where they constitute a binding contract between the User and Chic Resale, the User will have the opportunity to separately accept these terms, which will be made available in a format which allows them to be stored and reproduced. In case of inconsistency between these Terms and special conditions published on the Site applicable to Promotions, the latter shall be considered as being the specific terms applicable to the Promotions under consideration and shall therefore prevail solely with respect to the context of Promotion.
14.3 Chic Resale may at any time end or suspend or assign the operation of the Site to third parties, subject to notifying Users of the Site and respecting a notice period of thirty (30) days.
14.4 Guarantee of Conformity. Users benefit from a legal guarantee of conformity covering the digital services provided by Chic Resale. Under this guarantee, Chic Resale is liable for any lack of conformity which exists at the time of supply if discovered by the User within two years of the one-time supply of digital services or any lack of conformity that occurs or becomes apparent within the period of time during which the digital service is to be continuously supplied by Chic Resale. In order to submit a claim, Users can contact Chic Resale as described in Section 16 below.
14.5 Platform Availability. Chic Resale is not responsible for interruptions in availability of the Site due to regular or emergency maintenance works and external factors over which Chic Resale has no or limited control over. In accordance with the legitimate interests of the users and where feasible considering relevant factors, such as the safety of the platform, Chic Resale will aim to (i) timely inform users about the planned or existing availability restrictions, (ii) plan the downtime outside of peak usage hours, and (iii) limit downtimes for regular maintenance to a reasonable quantity in accordance with market standards, where possible. Chic Resale’s liability according to applicable mandatory laws remains unaffected.
15 PERSONAL DATA PROTECTION
15.1 The Privacy Policy, describes the personal data of the Users collected by Chic Resale and the purposes for which Chic Resale processes such data. The Privacy Policy and any parts of it are not meant as contractual clauses and do not become part of these Terms.
15.2 You are generally required to provide Chic Resale with accurate data. When data referring to you changes (for example, your address or last name) you shall notify those changes without undue delay by changing your account information.
15.3 When you carry out personal data processing independently and separately from Chic Resale , you are responsible for ensuring compliance with applicable data protection laws (in particular, the General Data Protection Regulation.
16 GOVERNANCE, DISPUTE RESOLUTION AND TERMINATION
16.1 These Terms are governed by the national law of the User. You may submit a claim to the court of your place of residence or domicile.
16.2 In the event of a disagreement between Chic Resale and the User, Chic Resale encourages Users to reach out to Chic Resale first in any case to find an amicable solution. The User may:
1. First, address a written complaint to the Customer Service Department using the contact form.
2. The User and Chic Resale will use their best endeavors to try and resolve the User's complaint in an amicable manner.
3. Should the matter remain unsolved or the User be unhappy with the result, the User can use alternative dispute resolution methods such as consumer mediation. Chic Resale is not committed nor obliged to use such methods to resolve disputes with Users. Disputes between Sellers and Buyers are not eligible for consumer mediation. Chic Resale will consider any suggested alternative dispute resolution methods offered by the User.
16.3 The User may end his/her relationship with Chic Resale at any time with immediate effect but will have to fulfil all of his/her obligations which resulted from Transactions the User entered into before the end of his/her relationship with Chic Resale.
The User may end his/her relationship with Chic Resale by cancelling his/her account or by sending an email to Chic Resale has the right to ordinarily terminate the agreement with the User governed by these Terms at any time with a notice period of 15 days.
16.4 Chic Resale and the companies of its group and its and their licensors hold all rights, in particular the intellectual property rights regarding the Site, that is in particular in its system (the algorithms allowing the Catalogue to function, its transmission, etc.), in the layout and design of the Site, in the software used by and for the Site, in the trademarks and domain names used by and for the Site.
16.5 The submission of information or data, in particular photographs on the Site, or other defined as “Content” in Section 11.1 above, means that Users of the Site or the Services hereby grant to Chic Resale and to any company belonging to the Chic Resale Group, without consideration, a non-exclusive license to use the Content throughout the world, which shall apply for the duration of the applicable rights, if any (and their potential extensions). Such license includes the right to use, copy, reproduce, display and adapt the Content. Chic Resale may use such Content, on any known or unknown media to date and in particular TV, paper, the Internet (in banners and articles, on other websites) and social networks (Facebook, X, Instagram, etc.), for operational, commercial, advertising and internal purposes of the Chic Resale Group, which the User accepts. Users are exclusively responsible for the Content and confirm that they hold all rights over it. Users may opt in of this license for advertising purposes in their Account settings.
16.6 All the notifications, requests and other information exchanged between the User and Chic Resale will be sent as stated in the Terms via the contact form appearing on the Site, and/or by/to the User via email, to the email address provided when registering on the Site.
16.7 The Terms do not have the effect of creating a partnership (regardless of its legal form) between Chic Resale and the Users, labor law relationships, relationships between a commercial agent and the latter’s customer, nor a franchise relationship.
16.8 Chic Resale may, subject to applicable data protection laws, transfer and/or assign all rights and obligations under these Terms to any third party, in particular in the case of the transfer of a sector of activity, a merger through the foundation of a new company, a merger through absorption, de-merger or any change in control affecting Chic Resale, provided that this does not reduce protection of the consumer’s rights. Such a transfer releases Chic Resale from all obligations as operator of the Site, in particular towards its Users and Visitors for the future. In case Chic Resale transfers and/or assigns these rights and obligations under these Terms to any third party, Chic Resale shall inform the Users of such transfer and/or assignment 15 days prior, and the User has the right to immediately terminate his/her relationship and close his/her account with Chic Resale. Users may not transfer or assign any or all of their rights or obligations arising from these Terms.
16.9 A User may express objections regarding the access, use or operation of the Site or the Services through a notification at any time. Notifications must be sent to Chic Resale using the form that appears on the Site.
16.10 If any or any part of the terms contained in these Terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
16.11 These Terms and all documents referred to in these Terms constitute the entire agreement between Chic Resale and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Chic Resale and you, whether written or oral, relating to its subject matter. Chic Resale and the User agree that in entering into these Terms they have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. To the extent permitted under applicable laws, neither Chic Resale nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these Terms or any document referred to in them. The Site is hosted by Chic Resale.
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