Terms of Sale
Premise
The ReluxurySpace online trading service managed by ReluxurySpace by Yulia Kuznetsova (from here on the ReluxurySpace Platform) allows you to relate sellers (henceforth sellers) and buyers (from now on the Purchasers) of products (from now on the Products). Sellers and Purchasers are hereinafter referred to collectively as Members. The ReluxurySpace Platform allows you to conclude sales contracts. Members are the only ones who decide to realize the purchase and sale of the Products.
Acceptance of these General Terms and Conditions of Use of the ReluxurySpace Platform by the Members is the mandate given to ReluxurySpace to relate Sellers and Buyers and to manage the Transactions carried out on the Reluxuryspace.com website according to the following procedures.
Version updated as of 01.09.2018.
Article 1 – Definitions
ReluxurySpace platform:
indicates the Internet site that allows the Relation of sellers and Buyers of Products.
Product:
indicates the Products that may be the subject of a Relation through the ReluxurySpace Platform.
Product Prohibited:
it is a counterfeit, forbidden or non-compliant product; the term indicates, that is, Products contrary to morals or prohibited by virtue of legal, regulatory or contractual provisions. This is the case, in particular, of Products that constitute unauthorized copies and represent counterfeit products under the intellectual property law or that are sold in violation of selective or exclusive distribution agreements.
Products compliant:
indicates the Products that conform to the description given by the person appointed in the sale offer on the Site.
Seller:
indicates a Member who makes an offer to sell a Product on the ReluxurySpace Platform.
Professional seller:
indicates a Member acting in a professional capacity and making an offer to sell a Product on the ReluxurySpace Platform.
Buyer:
indicates a Member who has expressed acceptance of a seller’s offer.
Member:
indicates to the singular or plural a Seller or Buyer who can make use of the ReluxurySpace Platform upon acceptance of the General Conditions. Each Member undertakes to provide accurate information regarding their identity, address and other data necessary for access to the ReluxurySpace Platform and to update this information where they need to change. To be able to access and use the ReluxurySpace Platform, each Member must be 18 years of age or older.
Verification:
indicates the service made available by ReluxurySpace with the collaboration of an Expert, which makes it possible to verify that the Product is not a Prohibited Product and to describe the object on the basis of its real appearance. This service is included in the Commission received by ReluxurySpace.
Price:
The Price is the taxable amount on which the ReluxurySpace Commission is calculated. Once ReluxurySpace has selected the product, a price proposal is sent to the seller. To determine the price, ReluxurySpace uses different criteria, especially the conditions of the product, the sale and purchase price of similar products on the ReluxurySpace platform, the fashion trends as well as the market situation. The seller can accept or reject the price proposal and in turn make his own offer.
Product details:
indicates the descriptive sheet of the Product offered for sale by a Seller and published on the Site by our ReluxurySpace team. This sheet is entirely written by the expert in charge of the sale.
Business proposal:
indicates the proposed price to the Seller by ReluxurySpace in order to increase the sales possibilities.
Transaction Price:
indicates the total price of the Product payable by the Purchaser which includes, in addition to the Product Price, the shipping costs.
Site:
indicates the Internet site operated by the company ReluxurySpace and accessible at http://www.reluxuryspace.com.
Catalog:
indicates all the items offered for sale on ReluxurySpace.
Article 2 – Object
These General Conditions of Use of the ReluxurySpace Platform concern the definition of the conditions under which Members are authorized to use the ReluxurySpace Platform in order to operate their Relation.
Article 3 – Sales procedure
3.1
The Seller proposes a Product in view of an acceptance. At least 3 (three) photographs are required because ReluxurySpace proceeds with acceptance as quickly and as efficiently as possible. The Seller may also contact the ReluxurySpace Platform directly using the contact form or via email at info@reluxuryspace.com. If a collection is to be inventoried, ReluxurySpace Experts may move and perform the Expertise directly at the seller’s home or at a place of their choice.
3.2
ReluxurySpace Experts make a first evaluation of the Product. If the product is compliant, this evaluation is followed by a commercial proposal, in line with the market situation and the characteristics of the Seller’s Product. The commercial proposal is sent by email.
3.3
The Seller can accept or reject the listing conditions proposed by the ReluxurySpace Platform. If the Seller accepts the conditions of sale, send an email confirming acceptance of the terms of sale proposed by ReluxurySpace. ReluxurySpace proceeds to put the product online.
3.4
When a Purchaser confirms the purchase of a Product, the validation is not effective until the successful electronic payment is made directly on the ReluxurySpace website.
The sale is considered finalized when ReluxurySpace receives and collects the entire transaction price paid by the Purchaser; the Purchaser acknowledges that his acceptance of the offer is made in consideration of the description of the Product being sold and that it constitutes a binding commitment to contract with the Seller to the defined conditions. The Product will then be shipped.
3.5
Once the Product has been received by the Purchaser, ReluxurySpace is the only one authorized to order the payment of the Price – for the benefit of the seller – deducted the Commission.
3.6
The Seller retains full ownership of the Product until the end of the transaction. Until the Certificate is delivered, ReluxurySpace is considered the Seller’s agent to do everything necessary for the transaction to be successful. Once the Attestation is sent, it will be considered the Purchaser’s agent to do everything necessary for the transaction to be successful. The execution of these mandates will relieve ReluxurySpace from all obligations related to its role as proxy.
Article 4 – ReluxurySpace obligations
4.1
Once the price of the product has been agreed by ReluxurySpace and the product is accepted for its characteristics, this product is placed online in the ReluxurySpace platform, for its sale.
4.2
ReluxurySpace undertakes to perform the quality control of the Products sold through the ReluxurySpace Website, ensuring the conformity of the Products. ReluxurySpace decides not to provide for the conclusion of the sale if the Product proves to be non-compliant with that indicated in the Product Data Sheet (damaged, counterfeited, missing parts).
4.3
ReluxurySpace reserves the right to accept or refuse to offer for sale on its Site, a Product that is submitted to it.
4.4
In some cases ReluxurySpace may own the Products offered for sale on the Website.
4.5
ReluxurySpace can not guarantee to the professional Seller that the Product is not refused or that the Buyer does not exercise his right of withdrawal.
4.6
In case of non-compliance by a Member of the General Conditions of Use of the ReluxurySpace Platform as set forth herein, ReluxurySpace reserves the right to withdraw from the sale at any time the Product in question, to suspend the Member’s account and to block the sums included therein until the dispute is closed.
4.7
ReluxurySpace undertakes to keep the personal data concerning Members, Sellers and Purchasers confidential and never communicate them to third parties, in particular to other Members, except in the case of a request by an Attaché or judicial and regulatory authorities, especially in the case of a possible criminal offense.
Article 5 – Obligations of the Members
5.1
By registering on ReluxurySpace the Member has a unique identifier and a personally identifiable access code that he / she undertakes to keep confidential. The registered Member is the only one authorized to use the ReluxurySpace Platform by means of the identifier and the nominal access code. The Member undertakes not to offer any other person access with his identity or pseudonym on the ReluxurySpace Platform. In the hypothesis in which it becomes known that another person accesses it, the Member will inform ReluxurySpace without delay and will confirm this information by post.
5.2
The Member undertakes not to choose an identifier that damages the rights of a third party. For example, the Member will not adopt an identifier that creates damages to an intellectual property right, a registered trademark, a company name or any other data directly or indirectly named.
5.3
The Member undertakes not to create or use other accounts in addition to the one initially created, either under his own identity or under that of a third party. Any exception to this rule must be the subject of an explicit request by the Member and an express and specific authorization of ReluxurySpace. The fact of creating and using new accounts under their own identity or that of third parties without having requested or obtained the authorization of ReluxurySpace may lead to the immediate suspension of the Member’s accounts and all associated services.
5.4
In the event of a dispute between the Members, the parties agree that ReluxurySpace’s production of ReluxurySpace server registrations of the use of the ReluxurySpace Platform and the Member’s naming codes will be authentic between the parties.
5.5
The Member refrains from proposing for sale, leaving for sale or directly or indirectly purchasing the Prohibited Products.
5.6
The Member abstains in particular from the sale and / or purchase, directly or indirectly, of the Prohibited Products, as well as from the use of information to which he would have access on the ReluxurySpace Platform to proceed with the purchase or sale of Prohibited Products. The Member undertakes to inform ReluxurySpace without delay in the event that he ascertains the online offer of such Products.
5.7
ReluxurySpace reserves the right to immediately suspend the Member’s account and to inform the competent authorities of any purchase, offer of sale or other attempt to offer on the ReluxurySpace Products Prohibited Platform.
Article 6 – Specific obligations of Sellers
6.1
The Seller undertakes to ensure that each Product offer corresponds to a tangible asset of which it has full ownership and sales capacity, available immediately and which does not comply with the definition of a Prohibited Product. The Seller must be in possession of the Product.
6.2
The Seller undertakes to describe the Product in view of an acceptance according to the criteria indicated by ReluxurySpace in its acceptance form and to put online at least 2 (two) photographs of the proposed Product for sale. The product description must match its actual characteristics. The Seller will mention: the name of the product, its characteristics, the brand, the state of conservation according to the scheme proposed by ReluxurySpace (See Product Sheet).
6.3
The Seller undertakes to confirm or invalidate the offer of the sale price. In any case, the Vendor can not retract once accepted the proposal transmitted by ReluxurySpace.
6.4
ReluxurySpace undertakes to ship the packed product at the expense of the purchaser.
6.5
At the Reluxuryspace notice of the Product sold, the Seller is obliged to arrange for shipping the Product within one week. In the event of his absence during the indicated delivery period, the Seller is obliged to inform ReluxurySpace.
In case of lack of information from the Seller regarding the postal / telephone addresses, ReluxurySpace reserves the possibility to keep the Product for 6 months, at the end of this period, Reluxury Space reserves the possibility of destroying the product.
Additional obligations of professional sellers
6.6.1
The Seller acting in a professional capacity must identify himself as such at ReluxurySpace. ReluxurySpace reserves the right not to contract with a professional seller.
6.6.2
ReluxurySpace reminds the Seller that he / she acts professionally his / her obligation to comply with the laws and regulations related to the exercise of a commercial business of distance sales on a professional basis. In particular, he will have to inquire about obligations regarding social or tax declarations. The Seller will respect the regulation on electronic or electrical waste, the guarantee of conformity and commercial guarantees.
6.7
Financial provisions
6.7.1
The Seller instructs ReluxurySpace to receive in its name and on its behalf the Transaction Price through the secure payment system prepared on the ReluxurySpace Platform or another means that will be further agreed by ReluxurySpace. During the sale of a product, the seller can join the promotions program proposed by ReluxurySpace. The price of the product can not be less than CHF 40. ReluyurySpace reserves a margin of 60 days for the sale of the product in the platform, at the end of this period, Reluxury Space considers a new price proposal with a minimum reduction of 15%.
6.7.2
As remuneration for the use of the ReluxurySpace Platform, the Seller authorizes ReluxurySpace, by virtue of the acceptance of the proposal by the Purchaser and the full payment by the latter of the Price of the Transaction, to retain on the Partial Price of the Transaction a Commission determined in accordance with the procedures defined. The partial price is intended excluding shipping costs.
The commission is payable by the Seller except in case of return of the Product, as follows:
| PRICE CATALOG | COMMISSION |
| 0 – 100 CHF | 30 CHF TARIFFA FISSA |
| 101 – 500 CHF | 30% CHF |
| 501 – 1000 CHF | 25% CHF |
| 1001 – 3000 CHF | 20% CHF |
| > 3000 CHF | 15% CHF |
Article 7 – Specific obligations of Purchasers
7.1
ReluxurySpace may be forced, on an exceptional basis and for the purpose of countering any frauds, to proceed with the validation of the Purchaser’s identity. In the absence of the information requested by ReluxurySpace in the context of identity validation, ReluxurySpace may cancel the Transaction made by the Purchaser.
7.2
The Purchaser undertakes to comply with all laws and regulations relating to the acquisition of goods of any kind.
Article 8 – Complaints and right of withdrawal
8.1
Items purchased from a private seller are not refundable or exchangeable. If the article is unsatisfactory, ReluxurySpace offers the possibility of returning it without commission. The item will be sold again at the purchase price and only the processing costs will be deducted. Items purchased from a professional seller can be returned.
8.2
Failure to receive the order
8.2.1
A complaint related to sending parcels is not accepted by ReluxurySpace. The dispatch of parcels, unless otherwise indicated, takes place through the Swiss Post, therefore with official tracking.
8.3
Defect of conformity.
8.3.1
In case of ascertainment of lack of conformity of the Product or of its non-conformity according to the Expert, the Buyer will immediately refund the price of the transaction. It is the Seller’s right, in the event that he challenges the Expert’s assessment, to provide all the documents in his possession in order to demonstrate his good faith. The Buyer for his part will be authorized to respond to every single complaint concerning him.
8.4
– Occult flaw – In case of discovery of a hidden defect, the Purchaser must present his request on time and following the procedures established by the Swiss Civil Code. ReluxurySpace assumes no responsibility where the sale took place and has therefore been terminated.
Article 9 – Responsibility
9.1
The Seller declares and guarantees to have the right to transmit ownership of the Product (s) transferred (i), that it (they) is not (not) in any way already assigned (i), engaged (i) or pledged (i), burdened (i) or more generally devolved (i) to a third party, and that the transaction he performs is not likely to violate the rights of a third party. The Seller – simply by authorizing ReluxurySpace online product placement on the Sales Platform – certifies that its sale complies with the legal provisions in force, with particular reference to the legislation protecting intellectual property and any regulation particular. The Seller warrants ReluxurySpace – and reimburse at first request of ReluxurySpace – against any damage suffered by ReluxurySpace and against all actions of liability that were brought against ReluxurySpace following the violation of any third party rights. In the case of an obvious fraud (fraudulent copy, stolen goods, illegal importation, etc.), ReluxurySpace will communicate all the necessary information, even personal, to the competent services responsible for the repression of the aforementioned frauds and violations. ReluxurySpace can not be held responsible for the outrageous, defamatory and more generally contrary to the good customs and laws in force of the comments published online by a Member.
ReluxurySpace is responsible for the loss and damage of the product only from the moment it enters its possession and during its storage. Receipt of the product by the buyer.
9.2
Except in case of error on his part, ReluxurySpace can not be held responsible for any damage suffered by a Member, specifically: loss of exploitation or information. ReluxurySpace can not be held responsible for any malfunction, breakdown, delay or interruption of access to the Internet or any other event that occurs to its partners or suppliers.
Article 10 – Rescission
10.1
In the event that the Member commits one of the following violations: sale of counterfeit goods, opening of different accounts, fraud related to payment methods, attempted fraud or any other criminal offense, ReluxurySpace reserves the right to suspend the right of the Member of access to the ReluxurySpace Platform, without prejudice to the indemnity of any damage suffered by ReluxurySpace: in this circumstance, the Vendor can not invoke any expenses incurred when placing his Products online.
Article 11 – General provisions
11.1
ReluxurySpace has the right to modify these General Conditions according to the evolution of its offer and the market. Each change will have immediate effect for online offers starting from the moment of notification to the Members through the means chosen by ReluxurySpace. The changes will not be applied to transactions in progress at the time of their entry into force. Occasionally ReluxurySpace may change the code, telephone number, perform a renumbering, discontinue the service for operational reasons, maintenance or in case of emergency or force majeure. ReluxurySpace is authorized to use the Products included in the ReluxurySpace platform for advertising purposes.
11.2
The Member will connect to the ReluxurySpace Platform through its telecommunications terminals, ReluxurySpace does not provide the Member with any material, telephone installation, terminal or other, or software or subscriptions.
11.3
Personal data relating to Members is collected, recorded and stored in accordance with the provisions of the Data Protection Act. Members enjoy the right of access and rectification required by law with regard to ReluxurySpace as responsible for the ReluxurySpace Platform.
11.4
In the event of force majeure, the obligations of the prevented party shall be suspended, in particular in the following cases: – act or omission of the government or competent authorities, – blocking or malfunctioning of telecommunications networks, – insurrections, civil wars, wars, military operations, states of national emergency, fire, lightning, explosion, strike, flood, storm, facts related to a third part.
11.5
The invalidity of one or more clauses of the General Conditions of Use of the ReluxurySpace Platform will not entail the nullity of the same.
Article 12 – Protection of personal data
Please note that the personal information collected within the ReluxurySpace platform, on the occasion of registered transactions, is subject to automated processing. The recorded data are used to respond to the different online services offered by ReluxurySpace. By accepting these General Terms and Conditions of Use, the Member gives his / her consent to the aforementioned use of data concerning him / her. The Member is also informed that his authorization will be requested in the case of transmission of the aforementioned data to the ReluxurySpace partner members. In any case, as part of compliance with the Data Protection Act, the Member of ReluxurySpace is the holder of a right of access, rectification and objection to the processing of data concerning him, a right which can be relied on directly on the website through the section “CONTACTS” or by letter writing to ReluxurySpace of Yulia Kuztnetsova Lungolago Giuseppe Motta 126, Melide, Switzerland, indicating the surname, name and email address. The Member can access the information concerning him at any time and make the changes he deems necessary starting from the “MY ACCOUNT” section that can be reached directly on the website.
Article 13 – Applicable law – attribution of competence
These terms and conditions of use are governed by the provisions of Swiss law as well as all the contracts that will be concluded between the Members. Any dispute with a Member acting on a professional basis arising on the interpretation and / or execution of the aforementioned contracts is the responsibility of the Cantonal Court of Bellinzona. For any other controversy, the rules of the Swiss Civil Code will be applicable, being the service provision of ReluxurySpace to be considered held at the Court of Lugano.
ReluxurySpace by Yulia Kuznetsova | Lugano, Switzerland | +41 (0) 79 948 41 92
