Term & Conditions (Vendor)

Terms & conditions

vendor edition

Version December 2020 (under development)

Below you will find the “terms and conditions of business sales via bene.luxe”. We kindly request you to read it carefully. By signing up as a business seller through bene.luxe, you indicate that you accept and comply with these terms including all attachments.

Index

 

Definitions

  1. bene.luxe: the private company bene.luxe established in Ghent. Operating in Belgium. BENE.LUXE, is a corporation organized under the laws of Belgium.
  2. Environment: bene.luxe, and any other application designated by bene.luxe.
  3. Platform: the environment in which third parties can offer their products, falling within product categories designated by bene.luxe, to users.
  4. User: every visitor to the platform.
  5. Business seller(s): any legal person who has registered his business in their country for at least 10 weeks, has created a sales account, has accepted these Terms and Conditions, and has been accepted by bene.luxe as a seller.
  6. Sales account: the account created by the business seller.
  7. Customer: a user of the environment who proceeds to purchase a product via the platform.
  8. Purchase Agreement: the agreement that is concluded between the business seller and a customer due to the purchase by the customer of a product from the business seller via the platform.
  9. Total price: price including VAT, shipping costs and, where applicable, fees, and all other possible government-imposed amounts that will be charged to the customer.
  10. Fee: the commission on the sale price charged by bene.luxe to the business seller, consisting of a fixed and a variable component.
  11. Sale price: price including shipping costs, including any fees and/or other government levies, including VAT and including the service fee.
  12. RMP: the relevant market price.

Sales account

  1. Every business seller must create a sales account before they can offer and sell products on the platform.
  2. Registration as a business seller implies acceptance of the Terms and Conditions.
  3. To act as a business seller, the business seller must:
    a. have been registered as a business in his country for at least 10 weeks;
    b. have an account with bene.luxe;
    c. have created a sales account in the environment;
    d. confirm that the Terms and Conditions have been accepted;
    e. to have sent us proof of his postal address.
  4. From the creation of the sales account, the business seller is entitled to offer products on the platform following the Terms and Conditions.
  5. The business seller is at all times fully responsible for the use made of the sales account and for those who access the sales account. Bene.luxe is at all times entitled to suspend the use of the sales account by the business seller for reasons of its own.
  6. If the business seller does not meet any payment obligation towards bene.luxe, whether or not under these Terms and Conditions, bene.luxe is entitled to suspend the use of the sales account by the business seller until this payment obligation has been met.
  7. The business seller is responsible for the accuracy of the information in his sales account.

Offer

  1. The business seller can only offer new items. Used products can only be sold with the permission of bene.luxe.
  2. Bene.luxe is solely entitled to determine which product categories and/or subcategories may be offered on the platform and/or can be added to the platform, as well as from what time this becomes possible. Bene.luxe is also entitled to remove product categories and/or subcategories from the products on the platform, without the business seller being able to assert any rights on bene.luxe as a result. Bene.luxe reserves the right to exclude certain products from the categories and/or subcategories.
  3. The product categories and/or subcategories that are and/or opened by bene.luxe are included on the business sellers dashboard.
  4. Bene.luxe is free to no longer allow the business seller to offer certain products on the platform. The business seller will immediately discontinue and discontinue the product at the request of bene.luxe. Should the product still be offered on the platform, bene.luxe is entitled to remove the product itself.

Order and delivery

  1. A user can place an order for a product offered by the business seller via bene.luxe through the normal ordering process.
  2. An order for a product offered by the business seller will then be processed in accordance with the business seller’s dashboard.
  3. If the business seller receives an order via bene.luxe, the business seller needs to handle it through the business seller dashboard.
  4. When sending the order, the business seller will use a shipping seal that includes the bene.luxe order number associated with the order. If this is not possible, the business seller will use the packing slip that is sent digitally by bene.luxe to the business seller to send the order. The business seller will print this packing slip and will not make any changes to it.

Customer relationship

  1. If a client of the platform proceeds to purchase a product offered by the business partner, a purchase agreement is concluded between the business seller and the client. The business seller can use the general terms and conditions bene.luxe has created. Contact bene.luxe if you would like to use the template.
  2. The Business Seller acknowledges that bene.luxe is not and/or is not a party to this purchase agreement. However, customers will need to accept the “Terms and Conditions of purchase from other sellers” before customers can enter into a purchase agreement with the business seller through the platform. These conditions apply between bene.luxe and the customer and relate to the service to be provided by bene.luxe, being the platform, and the use thereof by the customer. Bene.luxe is entitled to change the “Terms and Conditions of purchase from other Sellers” from time to time.
  3. The business seller is responsible for the proper fulfillment of the purchase agreement at its own expense and risk. The business seller acknowledges that in accordance with the provisions of these Terms and Conditions and the General Terms and Conditions buying from other sellers, the customer can turn to bene.luxe. The business seller will indemnify bene.luxe against any claim that a customer makes against bene.luxe, as a result of or in connection with the conclusion and/or execution of the purchase agreement.
  4. The so-called “after-sales”, including but not limited to customer service, warranty, and settlement of returns is entirely at the expense and risk of the business seller. The business seller warrants that customer inquiries received will be answered within twenty-four (24) hours.
  5. The business seller acknowledges and accepts that customers participate in an evaluation system (on the basis of which the business seller obtains a so-called “rating”) and can also write reviews about the business seller and place them or have them posted on the platform. Bene.luxe has no influence on these reviews and will not censor them, unless the business seller demonstrates that a review is in violation of laws or regulations, public order and/or morality, only concerns a product review or about another business seller goes, (a) personal data (s) or contains a URL or is fraudulent. Such reviews may be removed by bene.luxe as soon as it becomes aware of them.
  6. The business seller is obliged to make its offer and the execution of the purchase agreement in accordance with applicable laws and regulations and to purchase the General Terms and Conditions from other sellers (from bene.luxe, as amended from time to time). The business seller is not entitled to deviate from this, or to (re)conclude the sale with a customer outside the platform.
  7. Bene.luxe will send customers a confirmation by email after the purchase agreement has been concluded. Otherwise, contact with the customer is in accordance with the provisions on the business sellers dashboard. The business seller hereby irrevocably authorizes bene.luxe to communicate directly with the customer on behalf of and at the expense and risk of the business seller without bene.luxe becoming a party to the purchase agreement.

Payments

  1. The business seller pays bene.luxe per product sold via the platform unless the purchase agreement is dissolved by a customer within the period specified in the general terms and conditions made by the business seller. The level of the fee per product category is included on the business sellers dashboard. The business seller acknowledges that bene.luxe is entitled to unilaterally adjust the level of the fee for each sold product after each sale. The business seller will be informed about this after each sale.
  2. Bene.luxe will set up the platform in such a way that customers pay directly to the business seller. Bene.luxe will collect the fee payments from the customers.
  3. The business seller is not entitled to accept payments made to it directly by the customer. The payment must happen inside the platform. In that case, the business seller will refund the amount received to the customer and point out to the customers that payment can only be made to bene.luxe. The business seller hereby accepts that a payment by a customer to bene.luxe releases the customer from his obligation to pay to the business seller.
  4. The total price of each product offered by the business seller on the platform must be equal to the total price for which the business seller offers the product in question on its own store. If the customer can demonstrate that the total price of a product at the time of its purchase via the platform is higher than the total price that the business seller charges on its own website, bene.luxe will pay the customer this difference, supplemented with a maximum compensation of five euros (€ 5). Bene.luxe is entitled to recover this amount (Total price difference + leniency compensation) from the business seller.
  5. If a purchase agreement is dissolved within the term specified in the general terms and conditions made by the business seller, bene.luxe will return the payment directly to the customer, within the term set in these general terms and conditions. In case the business seller has already received the payment of this purchase agreement from bene.luxe, bene.luxe is entitled to recover this amount from the business seller. If a purchase agreement is dissolved after the period referred to in the general terms and conditions made by the business seller, the customer must contact the business seller directly in order to receive a payment returned. Bene.luxe is not a party to this and is not involved in whether or not to refund the amount paid by the customer and/or exchange the relevant product. Bene.luxe is not obliged to reimburse any amount to the business seller due to a purchase agreement that is terminated after this period and bene.luxe is entitled to retain the commission.

E-mail communication between the business seller and the customer

  1. Bene.luxe has no built-in e-mail application for the communication between the business seller and the customer, which makes it not possible for both the business seller and the customer to email to contact each other through their respective accounts. This feature will be in place later on the roadmap.
  2. All communication goes through your own e-mail application; no information is stored by bene.luxe and can’t be viewed by bene.luxe.
  3. When the email application is in place the business seller hereby explicitly agrees and gives bene.luxe permission to store view and use the communication that takes place via this email application. All communication that goes through this future email application is stored by bene.luxe on its servers and can be viewed by bene.luxe and used to: support the business seller and/or the customer in case of questions and/or problems.
  4. The communication that takes place via this email application will be stored by bene.luxe for a maximum of two years.

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