General Terms and Conditions
Version of March 23, 2023
Below you will find the ‘General Terms and Conditions’. We kindly request you to read these through thoroughly. By registering as a User of WOOVIN, you indicate that you accept and comply with these General Terms and Conditions.
Article 1 – Definitions
- These General Terms and Conditions apply to all Users of the WOOVIN Platform.
- WOOVIN: WOOVIN, established in the Netherlands and enlisted in the Commercial Register of the Chamber of Commerce under the number: 78034558.
- User: everyone who has created an Account.
- Account: the Account created by the User at the WOOVIN Platform.
- Platform: the entire woovin.com website.
- General Terms and Conditions: these general terms and conditions applying to all Users of the Platform.
- Seller: User who offers a product on the Platform or responds to a Request of a Buyer.
- Buyer: User who indicates to be willing to buy a product or responds to an Advertisement of a Seller.
- Advertisement: Seller who indicates to be willing to sell a product.
- Request: Buyer who indicates to be searching for a product.
- Items: all of the products at the Platform, consisting of, amongst other things, text, images and technical specifications.
- Condition: the state in which the product is, indicated on a scale of 1 to 10.
- Purchase Protection: offering protection against the purchase of inauthentic Items and/or Items that do not comply with the indicated specifications of the Seller.
- Scammer: a User who offers an inauthentic Product, while he/she indicates the Product to be authentic and thus swindling the Buyer.
- Payment: the action or process of paying someone or something or of being paid.
- Transaction: an instance of buying or selling something.
- PayPal: an online payment system that makes paying for things online and sending and receiving money safe and secure.
Article 2 – Account
- Every User should create an Account before making use of the Platform.
- Registration as User implies acceptance of the General Terms and Conditions.
- From the moment of registration, the User is entitled to offer or request Items through the Platform in accordance with the General Terms and Conditions.
- The User is only entitled to create one (1) Account. All Items offered by the User may exclusively be the property of the User himself.
- The User is at all times completely responsible for the use of its username, password and/or Account. WOOVIN is entitled at all times for reasons of its own to suspend and/or delete (the use of) the Account by the User.
- The User is not entitled to let others make use of his/her Account.
- The User is responsible for the correctness of the data in his/her Account.
- The User himself is responsible for the use of his/her username and password. WOOVIN recommends the User the following:
- – Use a unique password and keep this password a secret;
- – never give your WOOVIN account data such as your login and password to others.
Article 3 – Offer
- The Seller can only offer authentic Items that comply to the Condition indicated by the Seller. WOOVIN is, however, not responsible for Sellers who do not comply to this. WOOVIN does not offer Purchase Protection but does as much as possible to withhold and/or delete Users that do not comply with these Terms and Conditions and will intervene where possible.
- WOOVIN is the only one entitled to determine which product categories and/or subcategories can be offered on and/or can be added to the Platform, as well as from what time it becomes possible to do so. WOOVIN is also entitled to remove product categories and/or subcategories offered on the Platform, without the User having any rights concerning this. WOOVIN reserves the right to exclude certain Items from the product categories and/or subcategories.
- WOOVIN is free to no longer allow users on the Platform. For example, if they have offered an inauthentic Product and thereby do not comply with the General Terms and Conditions. The amount paid for the respective subscription period will not be refunded to the User.
- WOOVIN is entitled to not include or remove the offer or certain information specified by the User from the website, in case this is incorrect or misleading according to WOOVIN, or in violation with these Terms and Conditions, or when they can be harmful for the reputation of WOOVIN, the Platform or third parties.
Article 4 – Responsibility
- WOOVIN does as much as possible to keep the Platform safe and prevent scamming. We do this by means of the following:
- – Every User must have his phone number, e-mail and identity verified;
- – Each User can give another User only one (1) review;
- – WOOVIN is entitled to delete anyone who does not meet the Terms and Conditions from the Platform. Besides, the amount paid for the respective subscription will not be refunded to the User.
- – WOOVIN has created a manual under the heading “Safe trading”, where Users can find information and tips on various topics regarding safety
- 2. The responsibility lies with the Users themselves. WOOVIN is not responsible for the actions of any User.
- 3. WOOVIN does not provide Buyers with Purchase Protection.
- 4. Users have the option of reporting other Users because of incorrect actions. We will then investigate whether the User should be removed from the Platform.
Article 5 – Subscriptions.
- The following subscription forms apply for WOOVIN members:
- – A BRONZE subscription for €4.95 per month. This subscription is terminable on a monthly basis.
- – A GOLD subscription for €14.95 per quarter. This subscription is terminable on a monthly basis.
- – A PLATINUM subscription for €24.95 per year. This subscription is terminable on a monthly basis.
- – A CUSTOM subscription for a custom amount per year. This subscription is terminable on a monthly basis.
- 3. The subscriptions are automatically renewed after the subscription has ended. If the User wants to cancel, he/she will have to do this before the automatic extension takes place.
- 4. WOOVIN is entitled to adjust the subscription costs. This will be announced at least seven (7) days prior to the actual adjustment and apply from the new subscription period.
Article 6 – E-mail/chat communication between the Users and/or between the Users and Woovin
- All communications through email or chat are stored by WOOVIN on its servers and can be viewed and used by WOOVIN to:
- – Support the Users in case of questions and/or problems;
- – Assess whether Users meet the set General Terms and Conditions;
- – Analyze process improvements.
- 2. The User gives WOOVIN permission to store, view, and use the communication that takes place through e-mail and chat in accordance with the provisions of a paragraph of this article.
Article 7 – Guarantees and obligations
- The User declares and guarantees that he is entitled to accept and comply with these General Terms and Conditions.
- The User guarantees that:
- – Items are only offered in the product categories that have been provided by WOOVIN;
- – the Items offered by the User are authentic;
- – the Items offered by the User are his/her property, the offer is not misleading or in another way in violation with applicable law or regulation. The User is authorized to offer, sell or alienate these Items and the offered Items are always the original Items and not counterfeit goods;
- – the Items offered by the User and the (product)information provided by the User do not infringe any rights (such as, but not limited to, intellectual property rights);
- – the actions of the User and/or the Items of the User do not harm the reputation and/or image of WOOVIN or the Platform.
- 3. The User will indemnify WOOVIN against all damage of claims against Woovin as a result of other Users who do not meet the terms and conditions.
Article 8 – Intellectual property rights
- WOOVIN obtains the non-exclusive and non-transferable right to use the image and word mark of the User for, for example, communication and advertising in the media for the benefit of (the offer of) the Platform.
- The User acknowledges that all (intellectual property) rights concerning the Platform, the design, the content and all WOOVIN Brands and logos are and remain the property of WOOVIN and may not be used in any way by the User without prior written permission of WOOVIN. The User will always fully respect the intellectual property rights as well as all other exclusive rights of WOOVIN and third parties.
- Under no circumstances will the User in his own name register a brand or domain name containing the element WOOVIN or a similar element or logo. For any use of WOOVIN logos by the User, prior written approval must be obtained from Woovin.
Article 9 – Termination of WOOVIN User Account
WOOVIN is at all times entitled to, without giving any reason, not grant a User an Account, set additional requirements for granting an Account, block an already created Account or remove the User from the Platform with immediate effect. This will be the case, for example, if WOOVIN suspects that one or more of the applicable Terms and Conditions are being violated, there is fraud, the use of the Account disrupts the proper functioning of the WOOVIN Environment or, in WOOVIN’s opinion, may be harmful for the reputation of WOOVIN or third parties.
Article 10 – Consequences of termination of the User Account
- In case the User Account has been terminated by WOOVIN for any reason: the Account is deleted and the User is no longer entitled to use the Platform.
- The User cannot claim any compensation by WOOVIN in connection with the termination of the User Account by WOOVIN.
Article 11 – Liability
- The User is fully responsible and liable for the use of the Account.
- The User fully indemnifies WOOVIN against all damage and/or costs of whatever nature that arise from the non-fulfilment of one or more obligations under these General Terms and Conditions.
- The User commits to fully comply with all applicable privacy laws and regulations, currently the Personal Data Protection Act, in his activities and indemnifies WOOVIN against all damage and/or costs of any kind in this respect.
- Unless there is intent and/or gross negligence on the part of WOOVIN, WOOVIN is in no way liable for damage and/or costs of any kind by the User in connection with the use of the Platform, the Account, the Items, and/or the chat, such as but not limited to damage and costs resulting from the improper functioning of the Platform, technical malfunctions, incorrect information and/ or issues related to payment as stipulated in Article 13.
- WOOVIN does not guarantee and is not responsible for the fulfillment of the obligations of the User.
- In the event that the exclusion of liability as referred to in Article 11.4 is annulled fully or partly by a competent court, the parties hereby already agree that WOOVIN will in that case only be liable for the directly demonstrable damage/costs that is suffered/incurred (with the exception of consequential/indirect damage/costs) and this liability for this direct damage/costs will never amount to more than €100 (in words: one hundred euros) in total.
Article 12 – Seller Obligations
- If you sell an item on WOOVIN, you guarantee that all products will be shipped within 5 days after you received an order.
- On WOOVIN, once a transaction has been agreed upon by a buyer and seller, the seller is not permitted to cancel the listing.
- If the seller fails to fulfill the order or fails agreed-upon timeframe, they may face additional charges determined by WOOVIN, which could include a fine of 15% of the transaction amount with a minimum fee of 15, – Euro. WOOVIN reserves the right to take any or all of the following actions at its discretion: (i) charge the seller’s payment method a fine of 15% of the transaction amount with a minimum fee of 15, – Euro, (ii) remove the seller’s listings from the platform, (iii) cancel the seller’s pending orders, (iv) withhold payments due to the seller, (v) restrict the seller’s buying and selling privileges, (vi) charge the seller’s payment method for expenses and fees incurred by WOOVIN as a result of the seller’s actions or inaction, including replacement costs, carrier rerouting charges, refunds to the buyer, and (vii) suspend the seller’s account on a temporary or permanent basis.
Article 13 – Buyers Responsibilty
1. By making a purchase on our platform, the buyer agrees to abide by our return policy. The buyer acknowledges that they have read and understood the return policy, and that they will not engage in any activities that violate the policy. 2. By pressing the ‘confirm’ button to indicate receipt of an order, the buyer agrees that they have received the product(s) in satisfactory condition and that no further returns or refunds will be accepted. Once the buyer confirms receipt of the order, they waive any right to return the product(s) or receive a refund
Article 14 – Miscellaneous
- The User will never impersonate an agent or representative of WOOVIN and, in particular, will not make any commitments or enter into obligations for or on behalf of WOOVIN. The User fully indemnifies WOOVIN against all damage and/or costs of whatever nature arising from the non-compliance with this article.
- WOOVIN is not liable for the non-timely or unclear communication of information or for obvious errors.
- The User declares to be aware of and agree that his data, including his e-mail address, phone number and payment details will be provided to WOOVIN insofar as these are necessary for the realization of a User Account.
- WOOVIN is at all times entitled to change these General Terms and Conditions. The amended General Terms and Conditions will take effect from the time they are placed on the Platform. In case a User continues to use his Account afterwards, he/she thereby accepts the applicability of the amended General Terms and Conditions. In the event that the amended General Terms and Conditions are not acceptable to the User, the User is entitled to terminate the User Account without refund of the subscription fees.
- If any provision of these General Terms and Conditions conflicts with applicable law, this provision will be amended in such a way that it will be in accordance with the applicable law, taking into account the intent of the provision in question as much as possible.
- The User agrees that, from time to time, WOOVIN informs the User by e-mail at the e-mail address known to WOOVIN about the use and possibilities of the Platform and/or Account, such as but not limited to the operation and (possibly new) (application) possibilities of the Platform and/or the Account (so-called service mails).
Article 15 – PayPal
- We facilitate PayPal as a direct Payment method between Buyer and Seller.
- PayPal offers Buyer Protection for Buyers, for more information, please visit PayPal.
- PayPal offers Seller Protection for Sellers, for more information, please visit PayPal.
- WOOVIN is in no way responsible for the Transaction between Buyer and Seller.
- As a Buyer, you pay directly to the Seller, so it is the seller’s responsibility to ensure that the Transaction is handled properly.
- If you as a Buyer or Seller experience any issues during the Transaction, please contact PayPal directly for assistance. WOOVIN is not able to help you with any issues related to the Transaction.
Article 17 – Applicable law and competent court
The General Terms and Conditions are exclusively governed by Dutch law and disputes will be submitted to the competent Dutch court.2