Who are we?

VIPLUXURY s. r. o.,
Hollého 12, 949 01 Nitra, Company ID (IČO): 52 879 674
Bank details: Tatra banka, a.s., IBAN: SK85 1100 0000 0029 4408 4968
Registration: Commercial Register of the District Court of Nitra, Section: Sro, Insert No.: 50292/N

(hereinafter “Vipluxury”)

E-mail: info@vipluxury.sk
Web:     www.vipluxury.sk

 

Article I
Definitions

Vipluxury	VIPLUXURY s. r. o. is the operator of an online marketplace. In the course of its business activities, in its own name or in cooperation with another business partner, through its web platforms (or the platforms of a business partner), Vipluxury arranges for sellers the publication of offers to sell used luxury clothing, fashion accessories and other luxury goods, and enables prospective buyers to purchase goods from the published offer from the sellers, i.e. it enables distance purchase contracts to be concluded between consumers. NOTICE: Consumer protection legislation does not apply to the distance purchase contracts concluded.
Seller	A natural person who, by accepting these GTC and on the basis of a brokerage agreement, instructs Vipluxury to publish an offer to sell their used luxury goods on the Vipluxury web platform or in the native application, so that the seller can conclude a distance purchase contract with a prospective buyer of the published goods owned by the seller. The seller is a person who does not act in the course of business, sells a used item in their private ownership, and does not do so as a repeated activity for the purpose of making a profit.
Prospective buyer/buyer	A natural person (not acting as an entrepreneur) who, by accepting these GTC and on the basis of a purchase contract brokered by Vipluxury in the manner set out in these GTC, wishes to acquire/acquires goods directly from the seller. The buyer is a person who does not act in the course of business, wishes to purchase a used item into their private ownership, and does not do so as a repeated activity for the purpose of reselling it and making a profit.
Goods	Used luxury clothing, fashion accessories and other types of luxury goods and consumer fashion items and accessories owned by sellers as second-hand goods (which Vipluxury offers for sale on its web platforms / for which it brokers the conclusion of purchase contracts between sellers and buyers as private persons)
Order	An act by which the prospective buyer requests Vipluxury to conclude a purchase contract with the seller for specific goods selected by the prospective buyer.
Price	The total price of the goods stated in the order, in particular the price of all goods the prospective buyer wishes to purchase, excluding shipping costs. Given that the seller is a natural person not acting in the course of business and the subject of the purchase is used goods, no VAT is applied to the price. Shipping costs are not included in the price.
Return period	A period determined by a number of days, intended for trying on and thoroughly inspecting the goods and verifying their functional, visual and other properties and attributes, after the expiry of which the buyer loses the right to return the purchased goods to the seller. If the last day of the period falls on a Saturday, Sunday or public holiday, the last day of the period shall be the next working day.
Web platform (online marketplace)	A service which, by means of Instagram, the website, Facebook, the native application and all other browsers and web applications used by Vipluxury, enables the publication of offers of goods and the conclusion of distance purchase contracts between the seller and the buyer.
Registration	A service of the native application and the website through which the seller gains access to the Vipluxury web platform for the purpose of publishing an offer to sell their goods and of being able to conclude a purchase contract with a prospective buyer
Form of sending information and notices	Information and notices affecting the creation, amendment and termination of contractual rights and obligations under these GTC are delivered between the contracting parties via Instagram messages, via the relevant functions of the native application and by other means of distance communication from which the time of delivery to the addressee is evident.
Authenticity check	A paid electronic service provided by Vipluxury in cooperation with Vipluxury’s contractual partners, used to verify the authenticity of selected types of goods by individual brands. The specification of the service provided and the procedures for carrying out the check are set out in Annex No. 1 to these GTC
Certificate of Authenticity	A certificate of authenticity of a specific item of goods issued by Vipluxury on the basis of a positive result of the authenticity check, valid for 2 years from issue.
Calculation of time periods	Each time period stated in these GTC is calculated as follows: Start of the period – the day following the event decisive for its commencement (e.g. the day the goods are dispatched, the day the goods are received, etc.) Last day of the period – the last day determined by the number of days. If the last day of the period falls on a Saturday, Sunday or a public holiday that is a non-working day, the last day shall be the next working day.
Meaning of pictograms	Pictograms are used in the Vipluxury native application, in the section containing information about the seller and in the section containing information about the published goods. The pictograms have the following meaning: Section displaying information about the seller: Verified seller A seller who has successfully completed more than 5 sales to third parties through the Vipluxury native application. Top seller A seller who has sold more than 3 products to third parties through the Vipluxury native application in the past month. An active and reliable member of the community. Express delivery A seller who usually dispatches products within 24 hours of the conclusion of the purchase contract. Fast delivery guaranteed. Section displaying information about the goods: Original receipt The product comes with the original proof of purchase from the brand or an authorised retailer. Vipluxury Certificate This product has a valid Vipluxury Certificate of Authenticity, or the seller has agreed to pay for its issue if the sale is completed.
GTC	these General Terms and Conditions

 

Article II
General Provisions

1. These GTC govern:

1. the conditions and nature of the contractual relationship between Vipluxury and the seller, including the conditions for publishing offers of goods on the Vipluxury web platforms,
2. the conditions and nature of the contractual relationship between Vipluxury and the buyer,
3. the conditions of the contractual relationship between the seller and the buyer brokered by Vipluxury, including the delivery, payment and other contractual terms for the transfer of ownership of the goods to the buyer,
4. the conditions for returning received goods,
5. the rules of communication between users via the Vipluxury web platform, including the cases in which, and the reasons for which, Vipluxury accesses and monitors this communication.

 

Article III
Brokerage Agreement – Legal Relationship between Vipluxury and the Seller

1. Under the brokerage agreement, Vipluxury undertakes to arrange for the seller, for a fee, the conclusion of a distance purchase contract with a buyer for goods published on the Vipluxury web platforms, and the seller undertakes to pay the broker the fee if the purchase contract has been concluded, the goods have been received by the buyer and the return period has expired.
2. The seller gains access to the Vipluxury web platform by successfully registering in the VIP LUXURY native application or on the vipluxury.sk website. The registration procedure (completing the individual consecutive registration steps) is available to the seller directly in the application. Registration of the seller is necessary to meet the legal requirements imposed on Vipluxury as the operator of an online marketplace.
3. The brokerage agreement is concluded by accepting the seller’s request to publish the goods on the Vipluxury web platform and by mutually agreeing on the selling price of the goods, the amount of Vipluxury’s commission for brokering the conclusion of the contract and the other conditions under this Article of the GTC.
4. Vipluxury does not physically handle the published goods; it receives from the seller electronically (by means of distance communication) only photos of the goods for the purpose of publishing the offer and brokering a distance purchase contract directly between the seller and the buyer. After the purchase contract is concluded, the goods are delivered (handed over for shipping) to the buyer directly by the seller on the basis of information and instructions provided by Vipluxury and in accordance with the conditions set out in Article IV of these GTC. Exceptions to this provision are set out in Article V of these GTC.
5. The purchase price of the goods published on the Vipluxury web platforms is set as the total price of the goods requested by the seller, which the buyer pays to acquire the goods. The brokerage commission is included in the purchase price of the goods. In each individual case, the commission amounts to 18% of the purchase price of the goods, but at least €25; a commission different from that set out in this point of the GTC may only be agreed by a separate mutual agreement between the seller and Vipluxury; a unilateral change of the commission is not possible. Shipping costs are not part of the price of the goods. Their amount is agreed individually with the buyer and depends on the delivery terms (in particular the place and time of delivery).
6. Vipluxury places great emphasis on its good business reputation; for this reason, it reserves the right not to conclude a brokerage agreement in the event of any doubt as to the authenticity, origin, quality or condition of the goods or the credibility of the information about the goods provided by the seller. If such doubts arise after the offer of goods has been published, Vipluxury reserves the right to withdraw the published offer and to withdraw from the concluded contract. In such a case, Vipluxury is entitled to a contractual penalty from the seller amounting to 20% of the purchase price. This is without prejudice to Vipluxury’s right to compensation for damage incurred.
7. The seller is obliged to inform Vipluxury of all important circumstances that may affect a prospective buyer’s decision to conclude a purchase contract. At the same time, if requested by the buyer, the seller is obliged to allow an authenticity check of the goods to be carried out (the seller is obliged to send the goods for an authenticity check). This is without prejudice to the provisions of Article V of these GTC.
8. By agreeing to these GTC, the seller grants Vipluxury a power of attorney to receive the purchase price from the buyer into escrow. The conditions for settling the purchase price after deduction of the commission, or for refunding the purchase price if the purchase contract is cancelled, are governed by the provisions of Article IV of these GTC.
9. The brokerage agreement between Vipluxury as the broker and the seller as the principal is deemed concluded upon: the seller’s successful registration in the native application or on the website, the expression of consent to these GTC and consent to the processing of personal data.
10. In the event of a reasonable suspicion of a breach or a proven breach of these GTC by the seller, Vipluxury reserves the right to temporarily or permanently block the seller’s access to the Vipluxury native application or website, or to delete the seller’s registered account (depending on the seriousness of the breach of these GTC, but in particular in the cases specified in point 11 of this Article of the GTC).
11. Serious breaches of these GTC by the seller include in particular, but are not limited to:

1. providing any false information about the goods, their origin, properties, etc.,
2. publishing goods that are counterfeit on the Vipluxury web platform and labelling them as genuine,
3. failing to comply with the buyer’s request for an authenticity check of the goods / failing to send the goods for an authenticity check,
4. communicating with the buyer with a view to concluding a contract or establishing any other relationship (concerning the published goods) between the seller and the buyer outside the Vipluxury web platform,
5. communicating with the buyer in a way that contains direct or indirect references to web platforms competing with Vipluxury,
6. breaching the communication rules under Article IX(2)(a) to (d) of these GTC, in particular sending contact details or links to other listing portals in order to circumvent the Vipluxury web platform and Vipluxury’s commission.

12. The relationship between Vipluxury and the seller is governed by Section 774 et seq. of Act No. 40/1964 Coll., the Civil Code, as amended.
13. By expressing consent to these General Terms and Conditions, the seller expressly and without reservation declares that they:

1. have carefully read the Vipluxury GTC, agree with them and undertake to comply with them,
2. have been informed about the processing of their personal data as published on the Vipluxury website, including information on the monitoring of communication between users under Article IX of these GTC,
3. are the sole and lawful owner of the goods they wish to sell,
4. have not concealed any facts or provided false information about the origin and authenticity of the goods,
5. are fully aware of their responsibility for fulfilling any tax obligations related to the sale of the goods (if they arise),
6. are fully aware of and agree that Vipluxury will send them the purchase price of the goods, after deduction of the commission, only after the expiry of a 14-day period from the date of delivery of the goods to the buyer,
7. acknowledge the rules of communication between users and the conditions under which Vipluxury accesses and monitors this communication under Article IX of these GTC.

14. If any of the seller’s declarations under point 12 of this Article of the GTC proves to be untrue, in particular if doubt arises as to the authenticity or quality of the goods, the seller bears sole and full liability directly towards the buyer and is liable for damage caused to Vipluxury, including non-pecuniary harm resulting from damage to Vipluxury’s reputation.

 

Article IV
Distance Purchase Contract – Delivery, Payment and Other Contractual Terms

1. The individual items of goods published on the Vipluxury web platforms are owned by sellers – natural persons not acting in the course of business who have instructed Vipluxury as a broker to publish an offer to sell the goods. In each individual case, the goods are second-hand.
2. Vipluxury is neither the owner nor the holder of the goods offered on the web platforms.
3. If interested in acquiring goods from the currently available offer, the prospective buyer shall send Vipluxury an order via an Instagram message / a function of the native application / an order on the website. Upon receipt of the order to purchase the goods, Vipluxury shall, on behalf of the seller, receive the purchase price of the goods from the prospective buyer into escrow (to the bank account published with the relevant offer) and shall inform the seller thereof without delay. Before placing the order, the prospective buyer has the right to request the seller’s full name and address from Vipluxury. Otherwise, this information will be available to the prospective buyer no later than upon delivery of the ordered goods.
4. Upon receipt of the purchase price and notification of its receipt to the seller, the purchase contract between the seller and the prospective buyer/buyer is deemed concluded, and the seller becomes obliged to dispatch the goods, no later than 5 working days from delivery of the notification from Vipluxury, to the buyer’s address stated in the notification from Vipluxury.
5. If, after the purchase price has been sent into Vipluxury’s escrow, the ordered goods are not dispatched within the period under point 4 for any reason on the part of the seller, or if the ordered goods are unavailable, Vipluxury shall refund the purchase price from escrow to the buyer/prospective buyer no later than within 14 days. In the case of payments in another currency, Vipluxury is not responsible for exchange rate differences associated with converting the foreign currency into euros and back into the foreign currency when refunding the purchase price.
6. From the day following the buyer’s receipt of the goods, the buyer’s 2-day period to cancel the contract begins to run. During this period, the buyer is obliged to thoroughly inspect the goods and verify their functional, qualitative and visual properties, the degree of wear and all other attributes the buyer expects of the used goods being acquired.
7. During the 2-day period for returning the received goods, the buyer has the right to freely decide:

• whether they wish to acquire the goods,
• or wish to return the goods to the seller.

(hereinafter the “decision”).

8. The decision to acquire the goods or to return them may be notified by the buyer via the web platform at any time from receipt of the goods during the 2-day period, but no later than on the last day of that period (without prejudice to point 13 of this Article of the GTC). Since Vipluxury’s obligations towards the seller arise upon delivery of the buyer’s notification, the buyer’s decision notified via the web platform cannot be changed subsequently.
9. The buyer’s decision to acquire the goods, notified by the buyer via the web platform, gives rise to Vipluxury’s obligation to release to the seller from escrow the purchase price reduced by the agreed brokerage commission to the bank account notified by the seller. Vipluxury has the same obligation if the buyer does not notify their decision via the web platform even on the last day of the return period and the period for returning the received goods expires without action.
10. The 2-day period for returning the received goods fully reflects the fact that the subject of the purchase contract is used goods, in respect of which, if the buyer decides to acquire them, it applies that the buyer has received them as they are (“as is”), in full knowledge that they are not a new item and that no warranty is provided for the goods either by the seller or by Vipluxury (which is solely the operator of the online marketplace /does not have the status of a trader/, i.e. it merely brokered the opportunity to conclude a distance purchase contract between the seller and the buyer, did not have the goods in its actual possession and did not physically handle the goods in any way).
11. After releasing the purchase price (reduced by the brokerage commission) from escrow to the seller, Vipluxury is in no way responsible for the fulfilment of the seller’s tax obligation towards the competent tax administrator, if such an obligation arises for the seller under special legislation.
12. If, during the period for returning the received goods, the buyer notifies Vipluxury of a decision to return the goods, Vipluxury shall notify the seller of this fact within 2 working days at the latest and shall request the buyer to send the goods, with all accessories delivered, in undamaged packaging and in an unimpaired condition, back to the seller at the address notified by the seller within 2 working days at the latest, with the costs of returning the received goods to the seller being borne by the buyer. Upon delivery of the returned goods, the seller is obliged to inspect them without delay and, within 2 working days at the latest, report to Vipluxury that the returned goods have been received undamaged (compared to the condition in which they were delivered to the buyer). This fact gives rise to Vipluxury’s obligation to release the purchase price from escrow back to the buyer within 5 working days at the latest from receipt of the report on delivery of the returned goods, whereby the concluded purchase contract is validly and effectively cancelled (effective withdrawal from the contract). In such a case, Vipluxury is not entitled to a commission.
13. Exclusions from the right to return goods. During the period referred to in point 12 of this Article of the GTC, the buyer is not entitled to make any invasive or non-invasive interventions in the goods, to alter them in any way, or to handle them in any manner capable of changing their properties or the original condition in which they were delivered to the buyer. For the avoidance of doubt, until the decision to acquire the goods (point 8 of this Article of the GTC) or to return them (point 12 of this Article of the GTC) is carried out, the buyer must not interfere in any way with the original condition of the goods. Otherwise, the buyer irrevocably loses the right to return the goods under point 12 of this Article of the GTC. If, after the goods have been returned, a breach of the prohibition on interfering with the goods under this point of the GTC, or any mechanical or other damage to the goods, is established, the buyer is not entitled to a refund of the purchase price paid, the goods will be sent back to the buyer’s address at the buyer’s expense and the purchase price will be paid to the seller, and the buyer shall at the same time be liable for the damage caused to the seller and Vipluxury by breaching the prohibition.
14. The buyer acquires ownership of the goods upon full payment of the purchase price. The risk of damage to the goods passes to the buyer at the moment the buyer takes over the goods from the seller.
15. By agreeing to these GTC, the buyer expressly and without reservation declares that they are fully aware:

1. that they are entering into a contractual relationship with the seller as a natural person who is not an entrepreneur, and that Vipluxury is in no way a party to that contractual relationship,
2. that they pay the purchase price for the goods for the benefit of the seller, and that Vipluxury is in the contractual position of a broker that has solely brokered the opportunity to conclude a distance contract directly between the seller and the buyer and is not bound by the seller’s obligations under the concluded purchase contract or by any other ancillary obligations of the seller under the concluded purchase contract,
3. that, if they decide to acquire the goods, they are buying from the seller a used, second-hand item as is (that the seller is not liable for defects in the goods and does not provide the buyer with a quality guarantee for the goods),
4. that they have the right to return the goods even without giving a reason, but only until the expiry of the 2-day period,
5. that the return period is final and cannot be extended,
6. that they must comply with the prohibition on interfering with the original condition of the goods under point 13 of this Article of the GTC,
7. that communication with the seller via the web platform is subject to the rules and monitoring under Article IX of these GTC.

16. The purchase contract between the buyer and the seller is deemed concluded upon: the expression of consent to these GTC, consent to the processing of personal data and payment of the purchase price for the goods.
17. The purchase contract between the buyer and the seller is not a consumer contract; therefore, the rights and obligations of the contracting parties, including liability for defects, are governed exclusively by Section 588 et seq. of Act No. 40/1964 Coll., the Civil Code, as amended.
18. Choice of governing law – the purchase contract between the buyer and the seller (if even one of them is a foreign entity) is governed exclusively by the laws of the Slovak Republic, to which both contracting parties agree without reservation by confirming these terms and conditions (Article 3(1) of Regulation of the European Parliament and of the Council – Rome I). The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. All legal relationships arising from or related to the contract that have arisen on the basis of the purchase of goods on the Vipluxury web platform or in the native application of the online marketplace operator are governed exclusively by the laws of the Slovak Republic, irrespective of the nature of the contracting parties. Jurisdiction of the court in the event of any dispute arising from the concluded purchase contract is governed by the provisions of Act No. 160/2015 Coll., the Civil Contentious Procedure Code, and if jurisdiction cannot be determined under that act, the competent court is the District Court of Nitra, to which the contracting parties agree without reservation by accepting these GTC.

 

Article V
Negotiation of the Purchase Price between the Buyer and the Seller

1. The web platform enables registered users to individually negotiate the purchase price between the seller and the buyer through the “Propose a price” function, which is displayed with each individual listing of the seller.
2. The “Propose a price” function is available only to registered users after logging in to their user account.
3. The prospective buyer may ask the seller for a discount on the purchase price by entering their proposed purchase price, rounded to whole euros, via the “Propose a price” function. A price proposal by the prospective buyer does not constitute a binding order of the goods, but only a proposal for an individual adjustment of the purchase price.
4. After a proposal for a purchase price different from the price stated in the seller’s listing has been sent, the seller is informed of the proposal by a notification on the web platform. The seller may accept or reject the prospective buyer’s proposal; however, the seller is not obliged to accept, reject or respond to the proposal. If the seller does not expressly accept the price within 7 calendar days from the date the proposal was sent, it is presumed (rebuttable legal presumption) that the prospective buyer’s proposal has not been accepted.
5. If the seller accepts the prospective buyer’s price proposal, the prospective buyer is informed thereof by a notification on the web platform. The new individually agreed price is displayed for that specific prospective buyer with the relevant listing, while the original price of the goods remains displayed above this new price. The prospective buyer has the right to purchase the goods at the adjusted purchase price within 24 hours of the seller’s acceptance of the price proposal. After this period expires without action, the prospective buyer’s right to purchase the goods at the adjusted price lapses and only the original purchase price is again displayed with the seller’s listing.
6. If the seller rejects the prospective buyer’s price proposal, the prospective buyer is informed thereof by a notification on the web platform. Rejection of the price proposal does not extinguish the prospective buyer’s option to propose a different purchase price to the seller again. The prospective buyer also has this option if they do not exercise their right to purchase the goods at the adjusted price within the period under point 5 of this Article of the GTC.
7. If the seller accepts the price proposed by the prospective buyer under point 5 of this Article of the GTC, the seller is bound by the purchase price so agreed in relation to that prospective buyer for 24 hours from the moment of accepting the prospective buyer’s proposal and, during this period, is not entitled to unilaterally change the individually agreed purchase price in relation to the prospective buyer.

 

Article VI
Authenticity Check

1. Vipluxury does not physically handle the sellers’ goods published on the web platforms. The exceptions to this procedure are as follows:

1. a separate mutual agreement covering all conditions of delivery and acceptance (in such a case, Vipluxury receives and subsequently dispatches the goods in the seller’s original packaging – it does not open the packaging),
2. temporary acceptance of the goods for the purpose of arranging an authenticity check of the goods (in such a case, the process of acceptance, opening the parcel, the course of the authenticity check and subsequent packing up to handover to the carrier is documented in detail by Vipluxury).

2. The authenticity check of the goods, as a paid service, is carried out for Vipluxury by authorised specialised organisations (according to individual types and brands), on the basis of the seller’s consent to an authenticity check of the offered goods or the buyer’s request for verification of the authenticity of the ordered goods.
3. When completing the successive steps of publishing their listing for the sale of goods on the Vipluxury web platforms, the seller shall choose:

1. the option that they already hold a Vipluxury Certificate of Authenticity (in the case of a valid certificate) or
2. the option of consenting to the authenticity check (in such a case, the message “I am willing to pay for the certificate” is displayed on the web platforms or in the native application) or
3. the option of consent (in the form of the message “I am willing to pay for the certificate”) to be skipped.

4. If the “consent” option is selected, a special icon is displayed with the offered goods on the web platforms, notifying prospective buyers that, if an order with an obligation to pay is placed, the selected goods will undergo an authenticity check before being delivered to the buyer (the goods will be delivered with a guarantee of their authenticity); this option significantly increases the credibility of both the seller and the goods offered.
5. If the option of consenting to the authenticity check is skipped, the published goods will not be marked as in the case under point 4 of this Article; however, the prospective buyer will be able to request an authenticity check of the ordered goods when placing the order. In such a case, the buyer pays for the authenticity check of the ordered goods.
6. Procedure for the authenticity check based on the seller’s consent:

1. Upon receipt of the order for the goods, Vipluxury shall receive the purchase price of the goods from the prospective buyer into escrow and shall inform the seller thereof without delay;
2. Upon receipt of the purchase price and notification of its receipt to the seller, the purchase contract between the seller and the prospective buyer/buyer is deemed concluded, and the seller becomes obliged to send the goods to Vipluxury’s address, no later than 5 working days from delivery of the notification from Vipluxury, for the purpose of arranging the authenticity check;
3. Vipluxury shall arrange for the authenticity check to be carried out within 2 working days of receiving the goods for verification. After receiving the result of the authenticity check, Vipluxury shall send the goods, together with the positive result of the authenticity check and the seller’s details, to the buyer’s address. In such a case, the buyer receives from the seller goods of verified origin (with a guarantee of authenticity) and is not entitled to return them to the seller. Vipluxury shall pay the seller from escrow the purchase price reduced by the price of the authenticity check and the commission. This is without prejudice to the provisions of point 1(b) of this Article;
4. In the event of a negative result of the authenticity check, Vipluxury shall send the goods back to the seller’s address, together with a statement of all reasonably incurred costs and a quantification of the damage, and shall refund the purchase price to the buyer together with notification of the negative result of the check, whereby the concluded purchase contract is also cancelled. This is without prejudice to the provisions of point 1(b) of this Article.

7. Procedure for the authenticity check based on the buyer’s request:

1. Upon receipt of the order, Vipluxury shall receive from the prospective buyer into escrow the purchase price of the goods and the price of the authenticity check and shall inform the seller thereof without delay.
2. Upon receipt of the purchase price and the price of the authenticity verification and notification of their receipt to the seller, the purchase contract between the seller and the prospective buyer/buyer is deemed concluded, and the seller becomes obliged to send the goods to Vipluxury’s address, no later than 5 working days from delivery of the notification from Vipluxury, for the purpose of carrying out the authenticity check before the goods are sent to the buyer;
3. Vipluxury shall arrange for the authenticity check to be carried out within 2 working days of receiving the goods for verification. After receiving the result of the authenticity check, Vipluxury shall send the goods, together with the positive result of the authenticity check and the seller’s details, to the buyer’s address. In such a case, the buyer receives from the seller officially verified goods and is not entitled to return them to the seller. Vipluxury shall pay the seller from escrow the purchase price reduced by the commission. This is without prejudice to the provisions of point 1(b) of this Article;
4. In the event of a negative result of the authenticity check, Vipluxury shall send the goods back to the seller’s address, together with a statement of all reasonably incurred costs and a quantification of the damage, and shall refund the purchase price to the buyer together with notification of the negative result of the check, whereby the concluded purchase contract is also cancelled. This is without prejudice to the provisions of point 1(b) of this Article.

8. Additional authenticity check: If there is reasonable doubt as to the origin or authenticity of the goods, or upon the buyer’s express request after the purchase of the goods with a justified objection to their origin or authenticity, Vipluxury reserves the right, in order to protect its good reputation, to take over the purchased goods from the buyer to carry out an additional authenticity check, even without the prior consent of or notice to the seller. In the event of a positive result – confirmation of the authenticity of the goods – the costs of the authenticity check are borne by the buyer; in the event of a negative result, compensation for damage, the costs of the authenticity check and other related claims will be asserted against the seller. In the event of a negative result of the check, Vipluxury will refer the buyer to assert their claims, including the right to withdraw from the purchase contract, directly against the seller. The provisions of point 10 of this Article apply mutatis mutandis.
9. The right to an additional authenticity check under point 8 of this Article of the GTC may be exercised no later than 2 days after receipt of the goods. Otherwise, this right lapses.
10. Common provisions on the handling of goods during the authenticity check: The risk of damage to the goods during the entire authenticity check is borne by the seller as the owner of the goods. When receiving the goods to arrange the authenticity check, Vipluxury shall document the technical condition of the goods and send it to the seller for confirmation. If defects, mechanical or any other damage to the goods are found, Vipluxury will continue the procedure (arranging the authenticity check, sending the goods to the buyer) only if the prospective buyer/buyer confirms that they have acquainted themselves with the technical condition of the goods and agrees to the further procedure without reservation. Otherwise, Vipluxury shall send the goods back to the seller’s address, together with a statement of all reasonably incurred costs and a quantification of the damage, and shall refund the purchase price to the buyer, whereby the concluded purchase contract is also cancelled. This is without prejudice to the provisions of point 1(b) of this Article.
11. The Certificate of Authenticity certifies the authenticity of goods that have been checked by one of the authorised companies. The authorised companies guarantee the authenticity of the verified goods up to the amount of their purchase price.
12. Repeated authenticity check: If, during the period of validity of the Certificate of Authenticity, reasonable doubts arise as to the factual correctness of the certificate / the authenticity of the goods covered by the valid certificate, Vipluxury shall, at the buyer’s request and applying the provisions of point 8 of this Article of the GTC mutatis mutandis, take over the goods to carry out a repeated authenticity check. If the repeated check proves the Certificate of Authenticity to be factually incorrect / the suspicion of a counterfeit proves justified, Vipluxury shall reimburse the buyer for the purchase price of the goods. Otherwise, Vipluxury shall send the goods back to the buyer’s address, together with a statement of all reasonably incurred costs and the price of the repeated authenticity check. This is without prejudice to the provisions of point 1(b) of this Article.

 

Article VII
Statement on Trade Mark Rights

1. All individual items of goods published on the Vipluxury web platforms are second-hand goods. Each individual item was placed on the market as new under the trade mark of the proprietor of the relevant trade mark. The sale of goods already placed on the market (second-hand goods) in accordance with Article 7 of Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks does not infringe the rights of the proprietors of the relevant trade marks.

 

Article VIII
Rules for Transport of Goods, Insurance

1. Vipluxury is a contractual partner of the shipping company DHL Parcel Slovensko spol. s r.o., with its registered office at Na pántoch 18, Bratislava-Rača 831 06, Company ID (IČO): 47 927 682 (hereinafter the “carrier”).
2. Vipluxury provides the following options for transporting goods from the place of dispatch (from the seller) to the place of delivery (the place of receipt of the goods designated by the buyer):

1. direct transport from the place of dispatch to the place of delivery (direct shipping seller–buyer)
2. combined transport (transport of the goods from the place of dispatch – from the seller to Vipluxury’s registered office, and subsequent transport to the place of delivery designated by the buyer).

3. Combined transport under point 2(b) of this Article is carried out in all cases under Article VI of these GTC in such a way that, in the case of combined transport without an authenticity check, Vipluxury does not open the parcel; in the case of an authenticity check, Vipluxury documents the goods after opening the parcel, then a second time after completion of the authenticity check, and then properly and carefully packs them for transport to the place of receipt. The provisions of point 9 of Article VI of the GTC are not affected hereby.
4. Unless otherwise provided below, the shipping costs for transporting the ordered goods to the place of receipt designated by the buyer on the relevant web platform under point 2 of this Article are borne in full by the buyer.
5. As part of the process of publishing an offer to sell goods on the Vipluxury web platform or in the native application, the seller selects from the proposed parcel sizes one suitable for the safe packing and transport of the goods. The parcel size is one of the mandatory criteria for determining the final shipping price of the goods. The seller is fully responsible for correctly indicating the parcel size. In the event of incorrect indication, the seller is liable for the price difference and for any damage resulting from such conduct.
6. Once payment of the purchase price for the published goods into Vipluxury’s escrow has been recorded, an e-mail is sent to the seller’s e-mail address with an instruction to generate a shipping label on the Vipluxury web platform or in the native application.
7. As part of the process of placing an order for published goods on the Vipluxury web platform or in the native application, the buyer has the option of insuring the goods against damage, loss or destruction during transport to the place of receipt designated by the buyer. In the case of uninsured goods, the buyer is liable for damage to them only from the moment of receipt; until then, the seller bears full responsibility for damage to the goods.
8. For the reasons stated in point 7 of this Article of the GTC (in particular in cases of uninsured transport of goods), it is recommended that the seller properly and carefully packs the goods being sent so as to protect them as far as possible from damage or destruction during transport. At the same time, to protect the seller’s rights and legitimate interests, it is advisable for the seller to document the condition of the goods being sent, including their packaging, in a verifiable manner and to keep this evidence at least until the expiry of the return period under Article IV of these GTC.
9. Vipluxury is not liable for damage occurring during the transport of goods.

 

Article IX
Communication between Users and Its Monitoring

1. Communication function: The web platform enables registered users to send messages to each other via a function available with the seller’s listing and in the user account (hereinafter the “chat”). The chat is intended exclusively for communication between the prospective buyer (buyer) and the seller about goods published on the Vipluxury web platform, in particular about their condition, properties, price, delivery and return, and about other matters related to the conclusion and performance of the purchase contract brokered by Vipluxury. Vipluxury is the operator of the chat; messages are transmitted and stored in an information system operated or provided by Vipluxury. Vipluxury is not a party to the communication between users and is not responsible for its content. The details of the seller and the buyer necessary for the delivery and return of the goods are provided to the contracting parties by Vipluxury under Articles IV and VIII of these GTC; exchanging them via the chat is not necessary.
2. Communication rules: Users are obliged to communicate in the chat truthfully, politely and in accordance with these GTC. In the chat, it is prohibited in particular to:

1. send or request from the other user contact details, in particular a telephone number, e-mail address, postal address, username or link to a profile on a social network or in a messaging application (e.g. Instagram, Facebook, WhatsApp), including in an altered, abbreviated or concealed form (e.g. by writing digits out in words, inserting spaces or symbols) or in the form of an image,
2. send web links or direct or indirect references to other listing portals, online shops, second-hand marketplaces, auction portals, social networks or other platforms on which goods are offered or through which a contract could be concluded,
3. propose, negotiate or conclude a purchase contract or other agreement concerning goods published on the Vipluxury web platform outside the Vipluxury web platform, including personal handover of the goods or payment of the purchase price outside Vipluxury’s escrow,
4. send bank details, payment details or requests for payment outside the Vipluxury web platform,
5. send content that is illegal, offensive, vulgar, discriminatory, threatening or harassing, unsolicited advertising messages or repeated unsolicited messages,
6. offer counterfeits or act fraudulently or misleadingly.

3. Vipluxury’s access to communication: Users acknowledge that communication in the chat is not confidential vis-à-vis Vipluxury as the operator of the chat and that Vipluxury has technical access to the content of messages. Vipluxury does not read all conversations indiscriminately or continuously; it accesses the content of a conversation only in the cases, for the purposes and to the extent set out in points 4 to 6 of this Article of the GTC. Vipluxury does not use the content of messages for marketing purposes or for profiling users.
4. Automated monitoring: Vipluxury has the right to use automated tools that search messages for signs of a possible breach of the rules under point 2 of this Article of the GTC (e.g. the format of a telephone number, e-mail address or web link, names of other listing portals). If an automated tool detects such a sign, Vipluxury is entitled to display a warning to the sender, to mask or not display the relevant part of the message, or to flag the message for review under point 5 of this Article of the GTC. The automated tool does not itself decide on the restriction, suspension or termination of a user account; such a decision is always taken by Vipluxury after assessing the specific case.
5. When and why an authorised person may access communication: An employee of Vipluxury or another person authorised by Vipluxury (hereinafter the “authorised person”) is entitled to access the content of a specific conversation exclusively:

1. if the automated tool under point 4 of this Article of the GTC flags a message as a possible breach of the communication rules,
2. if one of the participants in the conversation or another person reports a message, conversation or user under point 9 of this Article of the GTC,
3. if, on the basis of specific facts, there is a reasonable suspicion that a user is breaching these GTC, in particular that they are attempting to circumvent the Vipluxury web platform and conclude a contract outside it, are acting fraudulently or are offering a counterfeit,
4. if the content of the communication is material to handling a complaint, a return of goods, an authenticity check or to resolving a dispute between the seller and the buyer,
5. at the request of a user who is a participant in the conversation, in particular when providing technical support,
6. if this is necessary to fulfil an obligation imposed on Vipluxury by law or by a decision of a public authority, or to establish, exercise or defend Vipluxury’s legal claims.

6. Scope and manner of access: Access is limited to conversations and messages related to the reason under point 5 of this Article of the GTC, to the extent necessary to assess it. Authorised persons are bound by confidentiality. Vipluxury keeps a record of each access (the authorised person, the date and the reason for access). Vipluxury is entitled to retain the content of the messages concerned and to use it as evidence when exercising rights under these GTC, and to provide it to public authorities if required by law.
7. Measures in the event of a breach of the rules: If Vipluxury detects a breach of the communication rules under point 2 of this Article of the GTC, it is entitled, depending on the seriousness and repetition of the breach, to remove a message or part of it or disable access to it, to warn the user, to temporarily restrict the user’s access to the chat, to withdraw the offer of goods concerned, or to proceed under Article III(10) of these GTC. The provision of Article III(10) of these GTC applies mutatis mutandis to a breach of the communication rules by the buyer. A breach of the rules under point 2(a) to (f) of this Article of the GTC is considered a serious breach of these GTC.
8. Statement of reasons for a measure and objection: Vipluxury shall inform the user concerned of a measure under point 7 of this Article of the GTC by which a message is removed or access to it is disabled, or the user’s access is restricted or blocked, no later than at the time the measure is taken, by e-mail or by a notification on the web platform. The statement of reasons contains a description of the measure and its duration, the facts on which Vipluxury relied, the provision of the GTC that was breached, information on whether automated means were used, and information on the possibility of lodging an objection. The user may lodge an objection to the measure at the e-mail address info@vipluxury.sk within 6 months of delivery of the statement of reasons. Vipluxury shall assess the objection without undue delay and, if it is justified, shall revoke or amend the measure. This is without prejudice to the user’s right to bring the matter before a court.
9. Reporting: Any user may report to Vipluxury a message, conversation or user that they believe breaches these GTC or the law, via the reporting function on the web platform (if available) or by e-mail to info@vipluxury.sk, stating the reason for the report. Vipluxury shall assess the report without undue delay.
10. If the seller concludes, outside the Vipluxury web platform, a purchase contract for goods published on the Vipluxury web platform with a buyer or prospective buyer with whom they established contact via the Vipluxury web platform, either while the offer is published or within 6 months of its withdrawal, the seller is obliged to pay Vipluxury a contractual penalty equal to the commission to which Vipluxury would have been entitled under Article III(5) of these GTC had the purchase contract been concluded via the Vipluxury web platform. To prove a breach of this obligation, Vipluxury is entitled to use the content of chat communication obtained in accordance with this Article of the GTC.
11. By accepting these GTC, the user agrees that Vipluxury may access and monitor chat communication in the cases, for the purposes and to the extent set out in this Article of the GTC. This expression of will is a contractual arrangement and does not constitute consent to the processing of personal data under Article 6(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). Vipluxury processes personal data contained in messages for the purposes of monitoring under this Article of the GTC on the basis of its legitimate interest under Article 6(1)(f) GDPR, namely protection against circumvention of the Vipluxury web platform and loss of commission, prevention of fraud and the sale of counterfeits, protection of user safety and exercise of rights under these GTC, as well as to fulfil obligations under the law. The user has the right to object to such processing. More detailed information is provided in the privacy policy published on the Vipluxury website. Users are advised not to share special categories of personal data (e.g. health data), payment card details or login credentials in the chat.