Terms & Conditions

TERMS AND CONDITIONS FOR THE USE OF RESHOPPER

 

Updated 17 April 2017

 

Terms and conditions of contract between

Reshopper ApS

Company registration number 34711763

Inge Lehmanns Gade 10, 6th floor, 8000 Aarhus C, Denmark

[email protected]

(“Reshopper”),

a company incorporated in Denmark, and

you as a user.

Reshopper provides an online service in the form of an app called ‘Reshopper’, which facilitates contact between private sellers and private buyers of used goods for kids. Reshopper provides only the technical market platform connecting the seller and the buyer and is not a party to the transactions made on Reshopper.

General

The terms (“Terms”) come into effect when you choose to accept them when creating a user account.

Reshopper does not engage in disputes between buyers and sellers and cannot be relied upon to mitigate between its users.

Terms for Creating a User Account

To register on Reshopper, you must be able to enter into contracts for the sale and purchase of goods and services that you want to buy or sell. You must be at least 15 years of age and have contractual capacity.

By creating a user account at Reshopper you

  • confirm to be at least 15 years of age;
  • agree to comply with local laws including laws regarding online conduct and online trading;
  • warrant that your registered user information is accurate and correct;
  • warrant that information disclosed and representations made regarding the goods that you sell is/are accurate.

Misuse of your account resulting from careless use of login information or loss or theft of a device with access to the service is not Reshopper’s responsibility. Reshopper can prevent access to your account if you inform us of the loss of your device.

Creating an Advertisement

All contents in your advertisements, this being the product itself, the product description or any activity or communication made in connection with transactions, are subject to local law of the buyer and seller and these Terms.

When you add photos to your advertisement on Reshopper, you warrant that the pictures are yours and that they do not violate any intellectual property rights.

Content and Abuse

Reshopper is intended only for your personal, non-commercial use. You agree to use Reshopper exclusively in accordance with the purpose of the concept, which is private sale and private purchase of used goods for kids. Reshopper may only be used for private sale and private purchase between private persons on a non-commercial basis. Sales of goods, whether new or used, purchased with the aim to re-sale them are considered to have a commercial purpose.

Reshopper reserves the right to assess whether use is commercial and to exclude users based on this assessment. Please see our FAQ to learn more (https://www.reshopper.com/uk/faq/).

The following constitutes examples of prohibited use of Reshopper:

  • Commercial use of Reshopper
  • Inappropriate, defamatory, threatening, and harassing comments of any kind
  • Sale of animals
  • Upload of images that infringe third party rights
  • Sale of counterfeit goods
  • Any actions that may have a negative effect on the performance of Reshopper, for example by uploading large amounts of data

Content on Reshopper is published directly by users and is not checked and approved by Reshopper. Misleading, offensive, or illegal content can be reported to Reshopper via the app. Content on Reshopper that is contradicting to the purpose of the concept will be removed without further notice.

The Reshopper app contains proprietary and confidential information that is protected by applicable intellectual property rights law and other laws. We grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the app, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right under these Terms to anyone else.

Reshopper reserves its right to close your account at any time at Reshopper’s sole discretion and without notice.

Your Obligation and Liability

If you as a seller have accepted an offer, the acceptance is binding and constitutes a binding contract between you and the buyer. You agree and warrant that you will perform your obligations in accordance with such a contract and sell, receive payment and deliver the goods sold to the buyer at the price agreed.

If you as a buyer have submitted an offer, the offer is binding and cannot be revoked. When your offer has been accepted by the seller, the deal is binding and constitutes a binding contract between you and the seller. You agree and warrant that you will perform your obligations in accordance with such a contract and buy, pay the purchase money and receive the goods sold by the seller at the agreed price.

The goods available on Reshopper are put up for sale by private users. Terms of the contract, formation of the contract, and other aspects relating to the contract are subject to local law of the buyer and seller.

Reshopper may from time to time act as a seller in connection with charity for example. In such cases, it is clearly stated in the advertisement that Reshopper is the selling party.

Subscriptions

Reshopper offers a subscription service called PLUS. Learn more about PLUS here (http://www.reshopper.com/uk/faq/what-is-reshopper-plus/).

For paying customers, Reshopper will provide relevant information regarding price and delivery procedure before completing the payment of your purchase. Any purchase will be effective upon the processing of your payment, after which point you may start using the services provided under the subscription.

Unless otherwise specifically provided by Reshopper, your subscription under these Terms is personal to you and may not be transferred.

Our subscriptions may be purchased through the app or on our website.

Your subscription will automatically renew at the end of the subscription period and Reshopper will automatically bill the subscription fee to the payment card you provided at the registration of the subscription, unless you cancel, see details on how to cancel here (http://www.reshopper.com/uk/faq/what-is-reshopper-plus/how-do-i-cancel-my-plus-subscription/). The cancellation will take effect the day after the last day of the current subscription period. If you cancel the payment and/or terminate the Terms before the end of the subscription period, you are not entitled to a refund of any subscription fees already paid, except for where such rights are provided by statutory law.

Reshopper may change the price for the subscriptions from time to time, and will communicate any price changes to you. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the subscription after the price change takes effect, you accept the new price.

Reshopper may terminate your subscription immediately at its sole discretion and without notice. Only if terminated without you being in breach of these Terms will you be entitled to receive a refund of the subscription fee of the remaining subscription period.

Waiver of the Statutory Right to Cancel Your Purchase

This section applies to PLUS subscription services bought on Reshopper.

Normally, a cancellation period of 14 days from the day of purchase applies to a contract for the supply of digital content.

However, when you sign up for the subscription you request us to begin the supply of digital content to you immediately, whereafter the 14 day cancellation period is no longer applicable. You acknowledge and agree that your initial payment is for the supply of digital content for the entirety of the subscription period and that you will not be entitled to receive a refund of your payment.

Right to Cancel Your Purchase

This section applies exclusively to the special circumstances where Reshopper acts as a seller on the Reshopper app. In such cases, you will have been informed that Reshopper is the seller.

You have got the right to cancel your purchase within 14 days from the day that you receive the goods purchased.

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges no later than 14 days from the day on which we received the communication of your cancellation. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Note that you must return the goods no later than 14 days from the day on which you communicate your cancellation. You will have to bear the direct cost of returning the goods.

Any decrease in the value of the goods caused by your handling of the goods, other than such as is necessary in order to establish the nature, characteristics and functioning of the goods, will be deducted from the purchase price which you are entitled to have refunded.

If you would like to cancel your purchase, we advise you to cancel via telephone, as this will instantly confirm your cancellation. Alternatively, you may e-mail [email protected] from your registered e-mail address, telling us you would like to cancel or including the completed form below and we will contact you regarding your request:

To: Customer Services, Reshopper ApS

I hereby give notice that I cancel my purchase

Purchased on: [insert date]

Customer Reference Number: [insert your Customer reference number]

Your full name:

Your address:

Tel no:

Date:

Reason for cancelling (optional):

Reshopper’s Role and Liability

Reshopper has no liability for the seller or buyer’s behaviour, conduct, actions, information, descriptions, representations and guarantees made in connection with, before or after, transactions on Reshopper. Reshopper does not assume liability under, and does not accede to, obligations of the seller or the buyer if breached by any such party.  Reshopper is not liable to check the authenticity of either the users or the items sold on Reshopper.

Reshopper does not keep track of, does not warrant and is not responsible for the quality, safety, and legality of the items sold in a transaction. Reshopper does not warrant that the seller has the will and ability to deliver and sell the goods advertised or that the buyer has the will and ability to buy the goods bid on. Reshopper cannot, and does not, control the validity of transactions.

Legal Protection and Waiver of Liability

THE USE OF THE RESHOPPER APP IS AT YOUR OWN RISK. RESHOPPER’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RESHOPPER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER MADE BY RESHOPPER OR BY A USER (SELLER OR BUYER) ON RESHOPPER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (i) RESHOPPER WILL MEET YOUR REQUIREMENTS; (ii) DELIVERY OF ANY PORTION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE GOODS PURCHASED THROUGH RESHOPPER WILL COME UP TO ANY QUALITY OR STANDARD REPRESENTED, WARRANTED OR GUARANTEED BY A SELLER OR THAT SUCH INFORMATION BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY GOODS PURCHASED OR OBTAINED BY YOU THROUGH RESHOPPER WILL MEET YOUR EXPECTATIONS; (v) ANY GOODS PURCHASED ON RESHOPPER ARE FREE OF FAULTS AS UNDERSTOOD IN PRODUCT LIABILITY LAW; (vi) THE SELLER DISPATCHES GOODS SOLD; (vii) THE BUYER PAYS FOR GOODS BOUGHT; (viii) ANY ERRORS IN THE DATA WILL BE CORRECTED; (ix) ANY PORTION OF THE SERVICE WILL BE OF SATISFACTORY QUALITY OR FAULT FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESHOPPER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Under no circumstances will Reshopper, any subsidiaries and affiliates, suppliers, and their respective owners, officers, managers, members, agents and employees, be liable for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with the use of, or inability to use, Reshopper, any content delivered to you, whether or not Reshopper has been advised of the possibility of such damages or loss. In any event, and without prejudice to the aforementioned, Reshopper’s liability shall be limited to typical and foreseeable damages and shall not exceed the fees for a three (3) months subscription period, if any.

You agree to indemnify and hold harmless, and upon request, defend, Reshopper, its affiliates and its respective directors, officers and employees from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a user or a third party based on a breach of these Terms by you or another user.

We may assign our rights and obligations under these Terms without your prior consent to any new provider of similar services.

Usage Policy

Reshopper may change, suspend or discontinue any aspect of its service at any time, including the availability of any feature, database and/or content. Reshopper may also impose limits on certain features and services or restrict your access to parts or all of its services without liability. Where these changes or suspensions would amount to a termination of the services you may be entitled to a refund of the reasonable part of charges paid by you, if any.

Availability of Services

Reshopper endeavours to offer a stable service but gives no guarantees that the service will be error free or that the service will be uninterrupted. If an error does occur, please report it to our customer service and Reshopper will attempt to correct the error as soon as reasonably possible.

Reshopper may occasionally limit your access to the app to carry out repairs, maintenance or to introduce new functionality or services and will endeavour to keep disruption to a minimum.

Termination of Contract

These Terms will continue to apply until terminated by either of the parties. Reshopper may terminate these Terms or suspend access to its service at any time. If you or Reshopper terminate these Terms, or if Reshopper suspends your access to the app, Reshopper shall have no liability or responsibility to pay you damages for any financial loss caused by the termination, to the fullest extent permitted under applicable law.

Dispute Resolution, Applicable Law and Legal Venue

These Terms shall be governed by the laws of Denmark without regard to its conflict of law provisions unless the Terms specifically provide for local law. Any lawsuit between you and Reshopper can only be filed to and brought before the courts of Denmark, which are the only applicable legal venues for any dispute between the parties.

Any dispute users between regarding the sale and purchase of goods through Reshopper no matter the issue in question is governed by local law of the buyer and seller, the jurisdiction of which is also the only applicable venue for any such dispute between the parties.

Commercial communication and newsletter

Reshopper will not share your information with third-parties for marketing purposes without your explicit consent.

You agree to receive relevant commercial communication from Reshopper and our partners via digital communication channels, including e-mail, SMS, internally within the Reshopper app, push-notifications on your electronic devices and via phone calls.

You accept that Reshopper may send you electronic inquiries regarding your account and content published by other users on Reshopper. As a Reshopper user, you consent to receive Reshopper’s newsletter. The newsletter may contain advertisements from other companies. Reshopper can also use your e-mail address to announce updates, information, etc.

If you would like to unsubscribe the newsletter, you can do so by following the link in the received newsletter.

Creation via Facebook

If you create a Reshopper account via Facebook, Reshopper guarantees never to write anything on your or your friends’ wall. Content can be shared on social networks (including Facebook) by yourself.

Amendment of Contract

Reshopper may amend these Terms at any time by posting the amended terms on its website and in the app. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version of the Terms will be included at the top of the Terms page. If you continue to use the app or download any content or upgrade any of Reshopper’s services after we have posted any amended terms that will imply that you accept our updated Terms. Should you not accept these amendments, you may discontinue using and deleting the app.