Conditions of Use Online Purchase Platform
Article 1. Applicability
1. These Conditions of Use apply if you use the website of Resale Media Group, hereafter: the Online Purchase Platform [Online Verkoopplatform]. When you visit and use the Online Purchase Platform, you state to have read these Conditions of Use and agree with them.
2. These Conditions of Use apply when you visit the Online Purchase Platform and buy, sell or bid for products (hereafter: the Services) via the Online Purchase Platform.
3. You must be at least aged 18 years to make use of the Services. If you make a purchase via the Online Purchase Platform, you are aged 18 years or over.
4. These Conditions of Use form a legally binding agreement between you and Resale Media Group. These Conditions of Use cover your access and use of Resale Media Group’s Online Purchase Platform, including all subpages and subdomains of the Online Purchase Platform.
5. In the case of contradictions between the Dutch version of these Conditions of Use and a version in another language, the Dutch text will prevail.
Article 2. Other applicable terms and conditions
1. The following documents apply to the transaction when you sell or purchase products via the Online Purchase Platform. These documents form an integral part of our Conditions of Use.
2. Terms and Conditions of Sale. If you offer products via the Online Purchase Platform – with or without payment – specific rules for Sellers apply to you.
3. General Purchase Conditions. When you acquire products via the Online Purchase Platform – with or without payment – specific rules for Buyers apply to you.
4. Privacy Policy. When you visit or use our Online Purchase Platform, we will process your personal details. By using the Online Purchase Platform, you agree that we may use your details for the purposes described in our Privacy Policy.
Article 3. Abuse of the Online Purchase Platform
1. If Resale Media Group suspects or discovers abuse of the Online Purchase Platform, it will take action.
2. Resale Media Group may deny you access to or block your account on the Online Purchase Platform at its own discretion.
3. In case of damage resulting from abuse or fraud committed by you or via your account, Resale Media Group will claim the damages against you.
4. If you suspect abuse by someone else, you can inform us with the contact form.
Article 4. Registration
1. When you register for the Online Purchase Platform, you will create a login name and password. You will need it to offer, purchase or acquire products. The login name and password will give you access to your account. You must store these login details carefully and keep them secret.
2. If you suspect that an unauthorised third party is familiar with your login details, you must inform us as soon as possible. You can use the contact form on the Online Purchase Platform to do so. We will then send you new login details as soon as possible.
3. You must provide full and correct information about yourself or your company. You are obliged to update the information when needed.
4. To ensure the reliability and safety of the Online Purchase Platform, Resale Media Group reserves the right to deny you to create an account, limit the use of your account and terminate your right of access to your account. The above applies to all accounts that Resale Media Group can link to you. If you disagree with our findings, you must be able to demonstrate that such accounts are not linked to you.
5. Should Resale Media Group have denied you access to or the use of the Online Purchase Platform in conformity with these Conditions of Use, you are not allowed to create a new account or use the Online Purchase Platform via a third-party account.
6. Your account is your responsibility, and you will use the Online Purchase Platform and technical tools at your own risk.
Article 5. Privacy
1. Resale Media Group is not responsible for the correctness of the personal details of the Online Purchase Platform Users, hereafter: the User.
2. Both Resale Media Group and the User who receives personal data will be considered separate and independent data controllers of personal data under the General Data Protection Act, hereafter: GDPR. If it is established that Resale Media Group and the User both are data controllers of the personal data, and if Resale Media Group is taken to court, fined or otherwise incurs damage due to the User’s shortcomings, the User will agree to compensate Resale Media Group for the damage.
3. If you receive personal data, you are obliged to process the personal data in accordance with the GDPR. You are not allowed to process this information for another purpose than fulfilling your obligations under a Purchase Agreement concluded via the Online Purchase Platform.
4. You are explicitly not allowed to use the personal data acquired via the Online Purchase Platform for commercial purposes. Should you violate the provisions of this Article, you will be liable for the damage.
Article 6. Services
1. Resale Media Group offers an Online Purchase Platform for offering, selling and purchasing products. The scope of the Services is restricted as follows:
1.1. Sellers are responsible for the products they sell. Resale Media Group will never be responsible or liable for the products' quality, safety, lawfulness, or correctness.
1.2. Resale Media Group will not test or check the products. Resale Media Group will not provide guarantees or statements relating to the materials or the components, functionality, conformity or compliance with any safety standard.
1.3. Resale Media Group acts as an intermediary by offering an Online Purchase Platform. Resale Media Group will be no party to the agreement for any purchase agreement that will be concluded between users as the buyer and the seller.
1.4. The Online Purchase Platform may include links to the website of a third party or the Resale Media Group, that may use additional services of third parties. If you use third-party services via the Online Purchase Platform, the terms and conditions of that third party apply to those services.
Article 7. Use of the Online Purchase Platform
1. When you offer a product, you must upload supporting materials, such as a description, photographs, and specifications, hereafter: User Materials.
2. You acknowledge and agree that the User Materials you upload or place on our Online Purchase Platform:
a. Will be complete and correct, and in our opinion not contrary to public morality, will not be violent, discriminatory or offensive, will not contain links to pornographic materials or pornographic websites, and do not promote illegal activities
b. Do not contain chain letters, junk mail or spam
c. Do not infringe third party’s rights and will not otherwise be unlawful towards third parties
d. May be used by Resale Media Group for all purposes Resale Media Group deems necessary, without transferring intellectual property to Resale Media Group the aim is to enlarge both your and the Online Purchase Platform’s activities. This consent for use does not terminate with the removal of your account or when you decide to no longer use the Online Purchase Platform e. May be translated so that a lot may also be offered in other countries.
3. If you believe that the User Materials placed on the Online Purchase Platform do not meet the above requirements, Resale Media Group will ask you to send a notification via the contact form. Resale Media Group will then assess whether the User Materials need to be removed.
4. You agree not to undertake any actions that may result in an unfair and/or disproportionate burden on the Online Purchase Platform’s infrastructure and/or may impede the functionality of the Online Purchase Platform. You agree not to execute reverse engineering, try to recover the source code, use viruses, Trojan horses, worms, bots, or other software or technical tools that may cause damage to the Online Purchase Platform, make the Online Purchase Platform inaccessible or circumvent technical protection tools.
5. Resale Media Group is allowed to make adjustments or improvements to the Online Purchase Platform. Resale Media Group is also allowed to close down the Online Purchase Platform or restrict its usage if Resale Media Group believes that doing so is essential.
Article 8. Termination of account
1. You may terminate your account any time you like.
2. Resale Media Group may terminate your account or suspend the right to use your account with immediate effect at any moment – so without notice of default or notice period – if you fail to comply with these and other provisions in force.
Article 9. Non-compliance Conditions of Use
1. Should you act contrary to the Conditions of Use and the other provisions that apply to the Conditions of Use (Article 2), Resale Media Group is entitled, among other things, to:
a. Settle payments with claims against you, provided this will not contravene mandatory law
b. Terminate your account or restrict the use of your account.
2. In addition, you will be payable to Resale Media Group a fine of € 1,500 for each instance of violation of these Conditions of Use and other provisions that apply to the Conditions of Use (Article 2), and € 250 for each day that the violation continues.
3. If Resale Media Group takes measures following Article 9.1, it will inform you accordingly by email.
Article 10. Intellectual property
All intellectual property, such as copyrights, trademarks, and database rights of the Online Purchase Platform, including but not restricted to texts, graphics, designs, photographs, software, audio-visual materials and other materials, are the intellectual property of Resale Media Group or the owner of the User Materials. Subject to the provisions in these Conditions of Use, Resale Media Group will offer you limited, personal, revocable, non-exclusive, sublicensable and non-sublicensable, non-transferable rights to use the Online Purchase Platform.
Article 11. Liability Resale Media Group
1. Resale Media Group will provide its Services to the best of its knowledge and ability. However, Resale Media Group cannot guarantee that you will achieve the (financial) results you envisaged, nor that the Services fulfil your expectations. Nor can Resale Media Group guarantee you that the Online Purchase Platform will work error-free and/or that you will have an interrupted and/or secure access to the Online Purchase Platform or part of it. All information and numbers given on the Online Purchase Platform are subject to spelling and typing errors.
2. Resale Media Group is never liable for damage resulting from the provision of its Services, including but not restricted to damage caused by or related to the use of the Online Purchase Platform or unlawful actions, unless Resale Media Group can be attributed with intent or gross negligence. This always includes but is not restricted to damage related to:
a. Use of the Services
b. Termination, execution and discontinuation of an agreement by a User
c. Cancellation of a transaction by Resale Media Group, or the discontinuation of a Purchase Agreement by Resale Media Group on behalf of a User
d. The violation or alleged violation and/or other wrongful nature of the advertisement or the content of the advertisement and/or the product supplied
e. Wrongful use of the Online Purchase Platform
f. Incorrect information on the Online Purchase Platform
g. The use of products purchased via the Online Purchase Platform.
3. No rights whatsoever may be derived from the information offered on the Online Purchase Platform. Resale Media Group will not accept any liability for damage caused in whatever way by the use of the Online Purchase Platform or by incompleteness and/or incorrectness of the information given on the Online Purchase Platform and/or damage caused by the (temporary) inaccessibility of the Online Purchase Platform.
4. You must sufficiently examine and seek sufficient information before placing an advertisement on the Online Purchase Platform or responding to it. Resale Media Group does not check the quality and content of the advertisement, the safety or lawfulness of the advertised product or services, the correctness of the offers, your authorisation to sell products or offer services, and/or an Online Purchase Platform User's authorisation to buy products. Resale Media Group does not give any guarantees in this respect.
5. Resale Media Group cannot guarantee you that the products offered by advertisers on the Online Purchase Platform will meet your expectations.
6. If Resale Media Group should be liable for damage, any liability is limited to the amount which is paid out under the Resale Media Group's professional liability policy or corporate liability insurance in the matter concerned. Should the maximum insured amount be higher than the purchase price of the relevant product, Resale Media Group’s liability is limited to the amount of the purchase price.
7. Damage such as trading loss and/or business interruption loss, resulting damage, loss of turnover and/or profits, production loss or decrease in value of products is excluded from compensation.
8. Should a third party claim damage against you, you cannot pass the claim on to Resale Media Group.
9. You must report any damage immediately after discovery. Any liability of Resale Media Group will always be cancelled if you do not refer to the shortcoming within 72 hours of receipt of the product or at least within one month of the conclusion of the Purchase Agreement.
10. You will indemnify Resale Media Group against third party claims. You will compensate Resale Media Group for claims resulting from the fact that you act contrary to these Conditions of Use and other applicable provisions.
Article 12. Adjustments to conditions
1. Resale Media Group may adjust its Conditions of Use at any time, observing the legislation and regulations in force.
2. Resale Media Group will publish the adjustments to these conditions on its website or communicate them otherwise. The adjustments also affect existing agreements.
Article 13. Disputes
1. Resale Media Group is no party to a Purchase Agreement initiated through the Online Purchase Platform, nor is Resale Media Group party to any disputes you may have with other Users of the Online Purchase Platform. You must settle disputes with another User of the Online Purchase Platform yourself.
2. All Purchase Agreements concluded via the Online Purchase Platform will be governed by Dutch legislation.
3. If you are not satisfied with the Services, you may report your complaint via the complaints form. Resale Media Group will try to solve the complaint with you.
4. These Conditions of Use will be governed by Dutch legislation unless otherwise stipulated in mandatory law. Only the competent court of the Oost-Brabant District Court is competent to take cognisance of the dispute.