ReLove Exchange Terms of Use

1. User Acceptance of Terms and Conditions 

ReLove exchange gives our services (in written agreement form) to all users of the site, which therefore means users are compliant with all the notices and terms of use. If there are any changes to the site, we are allowed to do so without notice to the user. By continuing to use this site, you acknowledge your acceptance to any changes to the Terms of Use that may occur. If a user wants to use services from our website, processing personal data is necessary. 

 

2. Description of ReLove Services

Gift cards and Email Subscribing are a few of the services that are available to site users. Therefore, all users are responsible for using these services that their own expense, including any fees that may arise with access to such services. ReLove exchange can reserve, change, or discontinue the site or any features that are on the site, without giving notice to users. All business relationships between the online store relovexchange.com, hereinafter referred to as ReLove Exchange, are subject to the following General Terms and Conditions in the version which has been valid at the time of placing an order by the Customer. Any deviating terms and conditions of the customer do not apply, unless ReLove Exchange has agreed to their validity in writing. For general terms and conditions regarding our store, please visit our store in Amsterdam. The goods we sell are all secondhand goods with only a few exceptions, which are gift cards and owner designs. 

3. Third Party Sites and Information

Our company has the right to inform the general public of the nature of the data we collect and use. Users are informed by means of the data protection declaration and their rights. Any user is subject to being linked to other sites, information, photos, software or other parties. We are not responsible for any information or material that is on these sites. You accept that we are not responsible for copyright compliances, legality, or any other content that is on these sites, or errors to their services or products. The link is provided for convenience to users, which means that we are not sponsored or associated with the site. Accountability for links: Responsibility of the content of external links (to web pages and third parties) lies with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to our company, we will remove the respective link. 

4. Conduct and Behaviour on Site

All users are responsible for their own communications on the site. Any information that may be shared in the blog or comments, or in the website in general, are at your own risk. Any message board or service that is available to users on this site has access to the information that you provide. You agree that you will not share or distribute content that is: 

1. Unlawful, abusive, fraudulent, or taking advantage or someone else's privacy. (this includes sexual or explicit language). 

2. Harasses an individual in any way, in regars to their age, disability, sexual orientation, race, or religion. 

3. Infringes on trademarks, copywriting, or patents. 

4. Advertises any "spamming" or unauthorised solicitation

5. Contains software viruses, files or programs that are designed to damage other software, hardware or obtain unauthorised access to any data or information of a third party. 

6. Impersonates a person, including our employees. We take no responsibility for the contents that you upload or that are submitted by any third party users. 

We do not monitor or screen the content on the site that is posted by the users. However, if we find it necessary, we will remove content that does not align with the Terms of Use. We are not responsible for any delay in removing the content. You hereby consent to removal and waive any claim that would be against our company. 

Refer to the "Use of Materials" below if any party belives there is content on this site that is copyright, traded, patented, trademarked or right of any party. 

Also, any user can not breach another account to get access to a network or a server that they are using. Users that violate any network securities are subject to criminal liabilities. 

You accept that we may terminate your membership, account or affiliation with our site without any notice to you for violating any of the above terms. 

5.  Conclusion of Contract:

The presentation of the goods in the online shop of ReLove Exchange does not constitute a binding offer for the conclusion of a contract. It constitutes a non-binding invitation to the Customer to submit an offer to buy, to ReLove Exchange. an offer to buy is submitted by the Customer to ReLove Exchange by an order of goods places in the online shop of Relove Exchange. An order of the goods presented in the online shop is finished with the following steps:

1. Selection of the desired goods by clicking on a product

2. Adding the goods to the cart by clicking the button "Add to Cart."  

3. Examination of the chosen goods and sizes in the cart by clicking the "View Cart" button.

4. Transfer to the shipping and payment process by confirmation of acknowledgement of the General Terms and Conditions, the right of withdrawal and the data protection policy of RELove Exchange by clicking the button "Checkout."

5. Entry of the shipping and payment details and confirmation of these by clicking the button "Proceed."

6. Examination of the shipping and payment details and the order. 

7. Legally binding submission of the order implying and obligation to pay. 

ReLove Exchange ensures that the Customer, when placing his order, exclicitly acknowledges that the order implies an obligation to pay. The confirmation of the order does not constitute an acceptance by the ReLove Exchange of the offer to buy, but a notification to the Customer which confirms the receipt and scope of the order to the Customer. 

A contract between Customer and ReLove Exchange goes into effect upon the shipment of the merchandise that has been ordered by the Customer. By submitting the ordering form provided on our website, the customer makes a binding offer to us to conclude the contract.  The order has been placed once the Customer has entered all the information that is required for the ordering process, and subsequently sends us the ordering form by clicking order submit button (specific labeling may vary).

The ReLove Exchange is entitled to reject an order placed by Customer without stating any reasons in doing so. This may apply particularly in those cases, where there are well-founded suspicions that the ordered articles are to be sold to third parties on a commercial basis. Or on suspicions of fraudulent behaviour.

The Customer receives a Order Confirmation within 48 hours after confirmation of the order, if the ordered goods are in stock and available for delivery.

If the ordered goods cannot be delivered on time or at all, ReLove Exchange informs the Customer of this within 48 hours after the confirmation of order.

If the ordered goods cannot be delivered on time, the Customer may choose to wait for the ordered goods or decide to cancel the order.

If the goods cannot be delivered at all, The ReLove Exchange will rescind from an order confirmation. A contract does not materialise in this case. Payments already rendered by the Customer will be reimbursed immediately.

6.  Storage of the Contract Text

Once the customer has placed a customer order, they receive the order confirmation with all given data by email, which may be printed. If the customer creates a customer account, they will be able to see Customer Order History and be able to track the processing of the Customer Order. 

7.  Price and Taxation

All secondhand items are taxed by differential taxation. Therefore all secondhand items will omit stating the 21% VAT. 

All new items that are not second-hand or gift cards are taxed with a regular VAT tax.

All gift cards are not taxed as they constitute a commitment for a further purchase. 

All shipping expenses include a VAT Tax. 

8.  Proprietary Rights

The goods remain the property of ReLove Exchange until the payment is made in full. 

9.  Applicable Law

The contractual relationship between ReLove Exchange and the customer shall be governed by Netherlands Law to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. Excluded from the choice of law are the strict stipulations of the customer protection law of the country, where the customer has his habitual residence.

Place of jurisdiction for all disputes arising from the contractual relationship between ReLove Exchange and the Customer is the seat of ReLove Exchange, in as far as the Customer is a merchant, a legal person under public law or special fund under public law.

10.  Salvatorius Clause

Should one of more of these General Terms and Conditions become invalid, this does not affect the validity of the remaining provisions of the General Terms and Conditions. 

11. Intellectual Property Information

Copyright ReLove Exchange Ltd. All Rights Reserved. Any "content" in the Terms of Use are defined as music, sounds, photos, software, data, information, email, graphics, message boards, comments, chats, videos and any services that are viewed on the site. 

Accepting the Terms of Use means that all users agree to content on this site, which is protected by copyrights, trademarks, patents and is the sole property of ReLove Exchange. Users are forbidden to copy from this site in any form without written permission from us. Unauthorised use of materials from this site violates copyright laws and could result in penalties. ReLove does not represent the use of materials obtained through our site will not infringe the rights of any third party. If any user believes that content posted on this site infringes on any legal rights, please see "use of materials" below. All icons and logos are registered to ReLove Exchange and all other trademarks are the properties of the respected owners. Nothing in our Terms of Use allows you to use a trademark, logo or name of ReLove Exchange in any manner without written approval from us.

12. Limiting Liability

We are never liable to you or any third party for special, punitive, incidental, indirect or conseqential damages of any kind. This include loss of use, data or profits, whether or not w have been advised of the possibility of these damages, and on any theory of liability, arising out of the use of this site or any website referenced or linked from this site. We are also not liable for items from third parties through this site, or hosting commercial transations on our site, including processing orders. Some places do not allow exclusion or limitation of liability for conseqential or incidental damages, so the above limitations might not apply to your situation.

13.     Unauthorised Use of Materials

 

Please refer to our privacy policy for any material that you transmit to our site in any form. (For Example: mail, post, email, or blog comments). This communication is treated an non-confidential. While you have rights in the communication, you are allowing us a non-exclusive, paid-up and right to copy, distribute, publish, adapt, translate and use matierials for any purpose regardless of its form (known or not currently known). 

Please do not send us confidential information unless we have a mutual agreement. We cannot accept unsolicited proposals, so do not submit them to us. We respect the intellectual property of others, so we ask you to do the same. If you believe property rights have been infringed by posting on this site, you should send a notification immediately. 

The following steps apply: 

1. Identify the work that you believe has been infringed upon. 

2. Identify the material that you claim is infringing the copywrited work listed above. 

3. Provide enough information for us to contact you (email is preferred).

4. Give information to allow us to notify the owner of the alleged infringed webpage or other content ( again, we prefer email). 

5. Include the statement: "I have good faith to believe that the use of copyrighted materials described above has been infringed and is not authorised by the copyright owner, its agent or the law."

6. Include the statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or authorised to act behalf of the owner of the right that is allegedly infringed. 

7. Sign the paper and write your name. 

8. Send the communication to our location. You acknowledge and agree that upon receiving a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any party and that the claims of the accompanying party and the party that originally posted the materials will not be responsible. They will be referred to the Copyright Office for adjudication.

 

14. Disclaiming any Warranties

All the services, information and materials on our site is available without warranty of any kind. This is express or implied (including the implied warranties of merchantability or fitness for a particular purpose or the warranty of non-infringement. We make no warranty that 1) The services meet your requirements or expectations, 2) the services will be uninterrupted or error-free 3)the results from the use of services will be reliable, accurate and error-free 4( the quality of information or products purchased by the site from us will meet all your expectations and be free from defects. The site could have technical mistakes or errors and we make changes to the materials and services including prices and descriptions of our products, without any notice. The materials on the side can be out of date and we do not commit to updating any such materials or services that are shown. Use of services or downloading materials from our site is done at your own risk and with your agreement that you are responsible for any loss or damage to your computer system or loss of data that accurs from the results of these activities. By using our site, you have the chance to engage in commercial transactions with other users and understand that all transactions relating to merchandise or services from any party including (purchase items, warranties, payment terms, maintenance and delivery terms relating to the transactions, are agreed to between the seller and purchaser of the merchandise and services.  We have no warranty to regard any transactions run through the site, and you understand that those transactions are at your own risk. Any warranty that is provided in connection with products or information available through this site rom a third party is provided solely by that third party and not by us. The content that is available through this site is often the opinions and judgements of an information provider or site user that is not connected with us. We do not sponsor or endorse, not are we responsible for accuracy of advice or statements made by anyone other than an authorised ReLove exchange spokesperson speaking in their official capacity. If you are still needing more information, refer to specific editorial policies that are posted on many areas of this site for more information. These policies are incorporated by reference into the terms of use that is stated here. You acknowledge and agree that any temporary interruptions of services available through this site can occur at any time, as we have no control over third party networks you may access in the course of using our site. Therefore, delays of other networks are beyond our control. 

You also agree and acknowledge that services are provided "as is" on this site and that we do not take responsibility for mis-delivery, failure, deletion or timeliness to store any user communications or personalisation settings that you may have entered. Some places do not allow the exclusion of warranties, so some limitations may not apply to you. 

 

15. Indemnifcation

All users agree to defend and not hold us accountable or responsible for any liabilities, claims, and expenses. This includes attorney fees that arise from your use or misuse of this site. We also reserve the right, at our own expense, to assume the exclusive defence and control any matter otherwise subject to indemnification by you, in which event you will cooperate with our company in getting any legal help or defenses. 

16. Security and Passwords

All users are responsible for keeping their passwords and account information safe. For any statement made that occur through the use our your password, you must take the steps to ensure that others do not gain access to your information. We never ask you for your password. You may not transfer or share your account with anyone and we have the right to terminate your account if you share it.  

17. Promotion Participations and Sales

The site will advertise from third parties and you may enter into these promotions of the advertisers showing their products on our site. Any correspondence including the delivery and payment for goods or services associated with these promotions are only between you and the advertiser. We take no liability or responsibility for these correspondence. 

18. Messaging, Blogging, Emails, and Chats

We love to connect to our customers via "Communication" outlets that are available through our site, either directly or with a third party provider. We do not inspect the contents of private communications, except when we have consent of the sender or recipient or in specific situations that is required by law or by court order. Further information is available in our privacy policy. We may monitor devices to protect our users from mass unsolicited communications like "spam" or other electronic communications that are not aligned with our business. These devices are not 100% guaranteed and we are not liable for any communication that is blocked or unsolicited communication that is not blocked. Our mailboxes have limited storage and if users except that space, we may employ other devices to block email messages that exceed the limit. We are therefore not responsible for the deleted or blocked content. 

19. International Use

Since our site is available around the world, we cannot represent that the materials on our site are available for use outside of the Netherlands, and accessing them from areas where the content is illegal or prohibited. Those who risk accessing this site from outside locations so do on their own risk and are responsible for complying with their own local laws. Offers for products or services that is made in connection with this site is void in areas that it is prohibited. 

20. Termination of use

By using our site, you are agreeing that we may, in our own discretion without notice to you, terminate or suspend you access to all or part of the site for any reasons. This includes any breach of this Terms of Use or Privacy policy. If we suspect any illegal activities, unacceptable behaviour and abuse, or fraudulent activities, we will terminate your allowance to the site and turn you in to law enforcement. If we decide to terminate or suspend your account, you are no longer given the right to use the services on this site and you agree that we may delete your account or deactivate your account. This includes the loss of all information and files in your account, and ban you from accessing these files.  Our company is not liable to any third party for claims or damages arising out of any termination or suspension of any other actions that correlate with the removal of your information or account. 

21. Governing Law

This site (excluding any sites that are linked to the site) are controlled by us from our offices in the Netherlands. It can be accessed from any country around the world. Therefore, these laws may differ from the Netherlands and by accessing this site, we both agree to the laws of the Netherlands. This also applies to the United Nations Convention on the International Sales of Goods that apply to all matters relating to the use of this site and purchase of products and services available through this site. We both agree and submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Netherlands with respect to these matters. 

22. Notices

All notices to a user will be in writing and shall be made via email or conventional post. Notices to us must be sent to our customer service department by mail or email. We are allowed to broadcast notices through the site to inform you of any changes or matters of importants, and these broadcasts will show notice to you at the time they are sent.

23. Entire Agreement

These terms and conditions show their entire agreement and understanding between the user and our company, which shows that the subject matter of this agreement and all prior agreements with the users respect this subject matter. These Terms of Use cannot be altered, supplemented or changed by using any other documents. Any attempt to change this document or to enter an order for products or services that are subject to additional terms shall be voided, unless we have agreed in a written and signed statement between the user and our company. If anything associated with this site is inconsistent with the terms of use, these Terms of Use take precedence. 

Disclaimer:

Accountability for content

The contents of our pages have been created with love and care. However, we cannot guarantee all of it is accurate, complete or it's topicality. According to statutory provisions, we ar furthermore responsible for our own content that is on these webpages. In this context, we are accordinly not oblighed to monitor merely the transmitted or saved informaton of third parties, or to investigate circumstances pointing to illegal activity. Our obligations to remove or block the use of information under general acceptable laws remain unaffected by this as per 8 to 10 of the Telemedia Act (TMG). 

24. Miscellaneous

In any action to enforce these terms, the prevailing party is subject to costs and attorney's fees. Any cause of action brought by you against our company must be instituted with one year after the cause of action arises or is forever waived. You cannot assign your rights under these Terms of Use to any user, and any attempt to do so will be voided. We may free assign our rights and obligations under these Terms of Use. You agree not to resell, duplicate, copy, or sell to use or access any part of this site for commercial purposes. In addition to any excuse given by the law, we are excused by liability for non-delivery or delay in delivery or products and services available through our site that come from any event beyond our reasonable control. This includes whether or not it is foreseen by either party including: labor disturbance, fire, accident, war, regulation, or any other causes that are beyond our control, whether or not similar to those previous examples.

If any part of these Terms of Use is invalid, that portion will be construed in a manner consistent with applicable law to refect, as nealy as possible, the original intention of the parties and the remaining parts shall remain in full effect. Any failure by use to enforce thse Terms of Use shall not constitute a waiver of that right. 

Copyright: Our web pages and their contents are subject to the Dutch Copyrighting Laws. Unless expressly permitted by law, every form of reproducing, utilizing or processing works subject to copyright protection on our web pages requires the consent of the owner of the rights. Reproductions of work are only allowed for using privately, so not to earn any money. Unauthorised use of copyright material is punishable.

25. Contact Information

Except as noted on this site, the services are offered by ReLove Exchange located in Amsterdam. If you notice that any user is violating these Terms of Use, please contact us immediately.