General Terms and Conditions of Sale of the Resale Media Group.

Article 1. Applicability

1. These General Purchase Conditions apply when you – the seller – sell a product via Resale Media Group’s site www.onlineclassicworld.com, hereafter: the Online Purchase Platform [Online Verkoopplatform], or if you advertise on the Online Purchase Platform. The General Terms and Conditions of Sale form an integral part of our Conditions of Use. You can only register for our Online Purchase Platform if you have read our Conditions of Use, General Purchase Conditions, Terms and Conditions of Sale and our Privacy Policy and agree with them.

2. In the case of contradictions between the Dutch version of these Terms and Conditions of Sale and a version in another language, the Dutch text will prevail.

 

Article 2. Registration

1. When registering on the Online Purchase Platform, you will create an account, after which you have become a user of the Online Purchase Platform, hereafter: the User.

2. You must provide full and correct information about yourself or your company. You are obliged to update the information when needed.

3. You must indicate whether you will be using your account for your business operations (hereafter: the Professional User) or as a private person (hereafter: the Private User). This covers all sales realised through your account.

4. If you, as a Professional User, are a party in a Purchase Agreement, you are obliged to comply with the rules and legislation in force, including at least, but not only, your obligations concerning VAT.

5. If you, as a Professional User, conclude a Purchase Agreement with a Private User, additional rights apply to the Private User, and additional obligations apply to you, the Professional User.

6. Should you not have registered as a Professional User and Resale Media Group suspects that you use the Online Purchase Platform for your business operations, Resale Media Group shall be entitled to consider you as a Professional User for all future sales via the associated account. It means that additional rules and regulations shall apply to your transactions.

 

Article 3. Advertising and the advertisement agreement

1. If you wish to advertise your product, you must log in to your account. You may not share your login details with third parties. Equally, you may not use the login details of third parties for advertising.

2. Once you have logged in, you can publish an advertisement. When you click the button ‘Publish your advertisement’, you publish the advertisement. By clicking the button, you conclude the Advertisement Agreement between you and Resale Media Group The Advertisement Agreement for paid advertisements will be concluded when the payment procedure on the Online Purchase Platform has been completed.

3. Once the Advertisement Agreement is concluded, you will have offered the product. Resale Media Group will keep all data of every Advertisement Agreement for 14 days after removing the advertisement. After that, the data will be kept as indicated in our p/node/62.

4. Advertisements will be published on the Online Purchase Platform for at least four weeks, provided the payment and other conditions in force are fulfilled, and you have not removed the advertisement yourself. When the product offered in the advertisement is sold, you must remove the advertisement. If you have sold the product, the Advertisement Agreement between Resale Media Group and you will be terminated. Resale Media Group has then fully performed its obligations under the Advertisement Agreement.

5. You are obliged to include in your advertisement if the product must be collected at your place, or that you will send it and how the shipping costs will be calculated.

6. You guarantee to be authorised to sell the product. You will not violate any legislation or regulations, infringe any party’s rights and will not refrain from wrongful acts.

7. Resale Media Group runs an Online Purchase Platform on which you can place advertisements that the Users of the Online Purchase Platform may view. Resale Media Group is no party to the agreement concluded between you and the User of the Online Purchase Platform. You must settle any disputes with Users of the Online Purchase Platform yourself.

 

Article 4. Rules for advertising

1. Any advertisements you publish on the Online Purchase Platform must comply with the rules in this Article.

2. Designing an advertisement:

a. Unless agreed otherwise, each advertisement may offer only one specific product or search for one product only

b. Each reference line and each text of an advertisement must contain a description of the product offered or searched for

c. It is not allowed to have multiple identical advertisements online simultaneously or placed on the Online Purchase Platform. It is not allowed to use multiple accounts for multiple identical advertisements or multiple advertisements for the same object.

3. Advertisement content that is not allowed:

a. The advertisement's reference line and text may not be misleading, inaccurate or incorrect. The reference line and the body text must correctly and clearly describe the product offered on sale.

b. It is not allowed to offer or present certain legal rights, such as the User's right to a product that fulfils the indicated specifications, as an additional service, for instance, by asking a fee or respecting such rights only against payment of a fee

c. An advertisement may never contain discriminatory, pornographic, insulting, intimidating or inflammatory content. The content also may never contain political messages or personal details of third parties, be contrary to public order or public morality

d. It is not allowed to place an advertisement with the sole objective of directly or indirectly promoting a company

e. It is not allowed to have an advertisement accompanied by photographs that bear no relation to the product or service offered (however, you are allowed to include a logo or picture of your business premises)

f. It is not allowed to mention websites or include links to websites that are partly or wholly filled with links to advertisement websites or to advertisements mainly directed at acquiring advertising revenue by generating clicks

g. It is not allowed to place advertisements that have the sole objective of generating clicks to a specific website.

4. Illegal or unlawful products or services

a. It is not allowed to offer illegal or unlawful products or products that are forbidden to trade

b. Both you and the User must always pay attention when offering or responding to products and services. Advertisers and Users will be considered to know the legislation and regulations regarding the associated product or service. In case of doubt, we recommend you to seek further information or advice, for instance, on the website of the relevant supervising body.

5. No infringement of intellectual property of third parties a. It is not allowed to include a product that infringes the intellectual property of third parties in an advertisement. Among other things, this means that it is not allowed to offer a product that

i. Infringes the copyright of another party without the consent of that other party

ii. Infringes trademark rights of another party, or

iii. Infringes design rights of another party, such as a purse that was imitated without that other party's consent.

b. The reference line and the body text of the advertisement may only contain the brand name of the product offered or searched for in the advertisement

c. The reference line and the body text of the advertisement may only use the trade name of the company that supplies the product or service in question. It is not allowed to mention trade names of products and services that are not offered in the advertisement

d. The product may only be compared with other products in the body text of the advertisement, not in the reference line. The comparison shall never lead to confusion about the initial origin of the product. The comparison shall never mention the trade name of the other comparable product

e. It is not allowed to include a disclaimer in the advertisement relating to the advertised product's authenticity. You must check that your products are genuine and may be traded before you offer them on the Online Purchase Platform.

 

Article 5. Terms of payment

1. You will make payment arrangements with the User who accepted the price. The costs must correspond with what has been communicated earlier. Resale Media Group is no party to making payment arrangements.

2. In an advertisement, you may not oblige a User to use specific payment methods.

3. In your advertisement, you must mention the full asking price, including all unavoidable costs. It means that all costs that the User reasonably incurs to buy and use the offered product, including but not restricted to mandatory delivery charges, taxes, transfer charges, preparation fees, must be included in the asking price mentioned.

4. If you are a Professional User who offers products to Private Users, the price in your advertisement must include VAT.

 

Article 6. Right of termination

1. In some cases, the right of termination, as stated in Article 6:230.o of the Dutch Civil Code, may apply to placing advertisements.

2. The right of termination shall never apply to advertisements that, based on the provisions of the Conditions of Use (i), were removed from the Online Purchase Platform, or (ii) were placed by Users who have been excluded from the Services or to whom certain restrictions apply.

3. Unless agreed otherwise, you agree that the advertisement will be placed immediately during the statutory termination period. This may affect the possible application of the right of termination. Furthermore, you state to renounce any rights of termination once Resale Media Group has fulfilled the Advertisement Agreement.

4. In case the right of termination referred to in Article 6.1 applies to the advertisement you have placed, you will agree that if you invoke your right of termination, you will be payable to Resale Media Group a proportionate compensation for the services rendered by Resale Media Group in specific cases, the proportionate compensation will be calculated on the number of days remaining of the agreed advertising period and/or the average number of bids for products in advertisements in the same classification when you invoked your right of termination, as Resale Media Group will determine from time to time.

5. If you invoke your right of termination, Resale Media Group will pay back the fee for the Service decreased by a proportionate compensation within 14 days of your termination request.

 

Article 7. Rights of the Private User

1. If a Professional User (as the seller) concludes an agreement with a Private User (as the purchaser), the Dutch Distance Selling Act [Wet koop op afstand] applies to the agreement.

2. The Act includes that the Private User may exercise their right of withdrawal [herroepingsrecht]. This right entails a term of 14 days to allow the purchaser to have second thoughts. The Private User may return the product within 14 days without stating their reasons. In that case, the Private User must be repaid the purchase amount within 30 days. To exercise their rights, the Private User must fill in the withdrawal form. In that case, the Private Buyer must be repaid the purchase amount within 30 days.

 

Article 8. Adjustments to conditions

1. Resale Media Group may adjust its General Terms and Conditions of Sale at any time, observing the legislation and regulations in force.

2. Resale Media Group will publish the adjustments to these Conditions of Sale on its Online Purchase Platform or communicate them otherwise. The adjustments also affect existing agreements.