General terms and conditions
Who We Are
VIPLUXURY s. r. o.,
Hollého 12, 949 01 Nitra, Slovakia, Company ID (IČO): 52 879 674
Bank Account: Tatra banka, a.s., IBAN: SK85 1100 0000 0029 4408 4968
Registered in the Commercial Register of the District Court Nitra, Section Sro, File No. 50292/N
(hereinafter referred to as „Vipluxury“)
E-mail: info@vipluxury.sk
Website: www.vipluxury.sk
Article I.
Definitions of Terms
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Vipluxury |
VIPLUXURY s. r. o. is an operator of an online marketplace. As part of its business activity, either independently or in cooperation with business partners, Vipluxury enables sellers through its web platforms (or partner platforms) to publish offers for the sale of pre-owned luxury clothing, fashion accessories and other luxury goods, and enables interested parties to purchase such goods directly from sellers, i.e., it enables the conclusion of distance purchase agreements between private individuals. NOTE: The conclusion of distance purchase agreements on the platform is not subject to consumer protection regulations applicable to business-to-consumer contracts. |
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Seller |
A natural person who, by accepting these GTC and entering into a brokerage agreement, authorises Vipluxury to publish an offer for the sale of their pre-owned luxury goods on the Vipluxury web platform or in the mobile application in order to conclude a distance purchase agreement with an interested party. The seller acts outside the scope of business activity and sells goods from private ownership on a non-repetitive basis not intended for profit-making business purposes. |
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Interested Party / Buyer |
A natural person (not acting as an entrepreneur) who, by accepting these GTC and entering into a purchase agreement mediated by Vipluxury, intends to acquire or acquires goods directly from the seller. The buyer acts outside business activity and purchases goods for private ownership, not for resale or profit. |
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Goods |
Pre-owned luxury clothing, fashion accessories and other luxury consumer items owned by sellers and offered as second-hand goods on Vipluxury's web platforms. |
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Order |
An act by which an interested party requests Vipluxury to mediate the conclusion of a purchase agreement with the seller for selected goods. |
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Price |
The total price of goods specified in the order, excluding shipping costs. As the seller is a private individual and the goods are second-hand, VAT is not applied. |
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Return Period |
The period determined by a specific number of days during which the buyer may inspect the goods, verify their functionality, appearance and attributes, and decide whether to return them. After expiry of this period, the buyer loses the right to return the goods. If the final day falls on a weekend or public holiday, the deadline is extended to the next working day. |
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Web Platform (Online Marketplace) |
A service operated through Instagram, website, Facebook, mobile application and other digital tools used by Vipluxury enabling publication of offers and conclusion of distance purchase agreements between sellers and buyers. |
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Registration |
The process through which a seller obtains access to the Vipluxury web platform for publishing goods and entering into purchase agreements. |
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Form of Delivery of Information and Notifications |
Information and notifications affecting contractual rights and obligations under these GTC are delivered via Instagram messages, application functions or other remote communication channels where the time of delivery can be verified. |
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Originality Check |
A paid verification service provided by Vipluxury in cooperation with contractual partners to verify authenticity of selected goods according to specific brands. Details are specified in Annex No. 1 to these GTC. |
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Certificate of Authenticity |
A certificate issued by Vipluxury on the basis of a positive authenticity check, valid for one (1) year from issuance. |
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Calculation of Time Periods |
Each period specified in these GTC is calculated as follows: Start of period: the day following the decisive event (dispatch, delivery, etc.) Last day: the final day according to number of days; if it falls on a weekend or holiday, the next working day applies. |
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Meaning of Pictograms |
Pictograms are used in the Vipluxury mobile application in sections concerning sellers and published goods. The meaning of the pictograms is as follows:
Verified Seller Top Seller Seller with more than 3 completed sales in the last month. Express Delivery Seller usually ships within 24 hours.
Original Document Product includes original purchase documentation. Vipluxury Certificate Product has a valid authenticity certificate or seller's consent for display. |
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GTC |
These General Terms and Conditions. |
Article II.
General Provisions
- These GTC regulate:
- conditions and nature of the contractual relationship between Vipluxury and the seller, including conditions for publishing goods on Vipluxury's web platforms,
- conditions and nature of the contractual relationship between Vipluxury and the buyer,
- conditions and nature of the contractual relationship between seller and buyer mediated by Vipluxury, including delivery and payment terms,
- conditions for returning goods.
Article III.
Intermediation Agreement – Legal Relationship between Vipluxury and the Seller
- Under the intermediation agreement, Vipluxury undertakes to arrange, for a fee, the conclusion of a distance purchase contract between the seller and the buyer for goods published on the Vipluxury web platforms, and the seller undertakes to pay the intermediary a fee if the purchase contract has been concluded, the goods have been received by the buyer, and the return period has expired.
- The seller gains access to the Vipluxury web platform by successful registration in the VIP LUXURY native application or on the website vipluxury.sk. The registration process (completion of individual consecutive registration steps) is available to the seller directly in the application. Seller registration is necessary to fulfill the legal requirements imposed on Vipluxury as the operator of an online marketplace.
- The intermediation agreement is concluded upon acceptance of the seller's request to publish goods on the Vipluxury web platform, mutual agreement on the selling price of the goods, the amount of Vipluxury's commission for arranging the conclusion of the contract, and other conditions in accordance with this article of the General Terms and Conditions.
- Vipluxury does not physically handle the published goods; it receives from the seller exclusively photos of the goods by electronic means (remote communication tools) for the purpose of publishing the offer and arranging the conclusion of a distance purchase contract directly between the seller and the buyer. After the purchase contract is concluded, the goods are delivered (dispatched for transport) to the buyer directly by the seller based on the information and instructions provided by Vipluxury and in accordance with the conditions set out in Article IV of these General Terms and Conditions. Exceptions to this provision are set out in Article VI of these General Terms and Conditions.
- The purchase price of the goods published on the Vipluxury web platforms is determined as the total price of the goods requested by the seller, which is paid by the buyer for acquiring the goods. The commission for intermediation is included in the purchase price of the goods. The amount of the commission represents in each individual case 15% of the purchase price of the goods, while a different amount may only be agreed on the basis of a special mutual agreement between the seller and Vipluxury; unilateral change of the commission is not possible. Shipping costs are not included in the price of the goods. Their amount is individually agreed with the buyer and depends on the delivery conditions (in particular the place and time of delivery).
- Vipluxury places strong emphasis on its good business reputation; for this reason, it reserves the right not to conclude an intermediation agreement in the event of any doubts regarding the authenticity, origin, quality, condition of the goods, or the credibility of the information provided about the goods by the seller. If such doubts arise after the publication of the offer, Vipluxury reserves the right to withdraw the published offer and to withdraw from the concluded agreement. In such a case, Vipluxury is entitled to a contractual penalty from the seller in the amount of 20% of the purchase price. This does not affect Vipluxury's right to compensation for damages incurred.
- The seller is obliged to inform Vipluxury of all important circumstances that may influence the decision of the interested party to conclude a purchase contract. The seller is also obliged, upon request of the buyer, to allow the performance of an authenticity check of the goods (i.e., to send the goods for authenticity verification). This does not affect the provisions of Article VI of these General Terms and Conditions.
- By agreeing to these General Terms and Conditions, the seller grants Vipluxury a power of attorney to receive the purchase price from the buyer into escrow. The conditions for settlement of the purchase price after deduction of the commission or for refund of the purchase price in the event of cancellation of the purchase contract are governed by the provisions of Article IV of these General Terms and Conditions.
- The intermediation agreement between Vipluxury as the intermediary and the seller as the interested party is considered concluded by: successful registration of the seller in the native application or on the website, expression of consent to these General Terms and Conditions, and consent to the processing of personal data.
- In the event of a justified suspicion of violation or proven violation of these General Terms and Conditions 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 severity of the violation of these General Terms and Conditions, in particular in cases specified in point 11 of this article of the General Terms and Conditions).
- Serious violations of these General Terms and Conditions by the seller include, but are not limited to:
- providing any false information about the goods, their origin, properties, etc.,
- publishing counterfeit goods on the Vipluxury web platform and presenting them as authentic,
- failure to comply with the buyer's request to carry out an authenticity check of the goods / failure to send the goods for authenticity verification,
- communication with the buyer aimed at concluding a contract or establishing any other relationship (concerning the published goods) between the seller and the buyer outside the Vipluxury web platform,
- communication with the buyer containing direct or indirect references to competing web platforms of Vipluxury.
- The relationship between Vipluxury and the seller is governed by the provisions of Section 774 et seq. of Act No. 40/1964 Coll., the Civil Code, as amended.
- By expressing consent to these General Terms and Conditions, the seller expressly and without reservation declares that:
- they have thoroughly familiarized themselves with the Vipluxury General Terms and Conditions, agree with them and undertake to comply with them,
- they consent to the processing of their personal data to the extent published on the Vipluxury website,
- they are the sole and authorized owner of the goods they intend to sell,
- they are the sole and authorized owner of the photos of the goods, including descriptions of the goods that they upload/publish in the native application/on the web platform, and therefore the publication of photos and descriptions does not infringe the copyright of third parties,
- they have not concealed any facts and have not provided false information regarding the origin and authenticity of the goods,
- they are fully aware of their responsibility to fulfill tax obligations related to the sale of goods (if applicable),
- they are fully aware and agree that Vipluxury will remit the purchase price of the goods to them after deducting the commission only after the expiry of the 14-day period from the date of delivery of the goods to the buyer,
- they are fully aware that liability for damage to the goods passes to the buyer only at the moment of receipt of the goods, therefore the seller is fully responsible for any damage to the goods during transport to the buyer (this does not affect the provisions of point 6 of Article VIII of these General Terms and Conditions).
- In the event that any of the seller's declarations under point 13 of this article of the General Terms and Conditions proves to be untrue, in particular if doubts arise regarding the authenticity or quality of the goods, or doubts arise regarding the origin/ownership/copyright of the published photos/descriptions of the goods, the seller bears direct, sole and full liability towards the buyer and is liable for damages caused to Vipluxury, including non-material damage resulting from damage to Vipluxury's reputation.
- In cases pursuant to point 14 of this article of the General Terms and Conditions, Vipluxury shall refer the buyer with any claims directly to the seller as the responsible party.
Article IV.
Distance Purchase Agreement – Delivery, Payment Terms and Other Contractual Conditions
- Individual items of goods published on the Vipluxury web platforms are owned by sellers – natural persons not acting within the scope of business activity, who have authorized Vipluxury as an intermediary to publish offers for the sale of goods. In each individual case, the goods are second-hand items.
- Vipluxury is neither the owner nor the holder of the goods published on its web platforms.
- In the event of interest in acquiring goods from the currently available offer, the interested party shall send an order to Vipluxury via an Instagram message / native application function / order on the website. After receiving the order for the purchase of goods, Vipluxury shall, on behalf of the seller, receive from the interested party the purchase price of the goods into escrow (to the bank account published with the relevant offer) and shall inform the seller of this without undue delay. The interested party has the right to request from Vipluxury the full name and address of the seller prior to placing the order. Otherwise, such information shall be made available to the interested party no later than upon delivery of the ordered goods.
- By receiving the purchase price and notifying the seller thereof, the purchase contract between the seller and the interested party/buyer shall be deemed concluded, and the seller is obliged to dispatch the goods to the buyer's address specified in the notification from Vipluxury no later than within 5 working days from the delivery of such notification.
- In the event that, after the purchase price has been deposited into Vipluxury's escrow, the ordered goods are not dispatched within the time limit pursuant to point 4 for any reason on the part of the seller, or the ordered goods become unavailable, Vipluxury shall return the purchase price from escrow to the buyer/interested party no later than within 14 days. In the case of payments in a currency other than EUR, Vipluxury shall not be liable for exchange rate differences related to the conversion of foreign currency into EUR and back into foreign currency upon refund of the purchase price.
- From the day following the receipt of the goods by the buyer, a 2-day cancellation period shall begin to run for the buyer. During this period, the buyer is obliged to thoroughly inspect the goods and verify their functional, qualitative and visual characteristics, degree of wear and all other attributes expected by the buyer from the acquired used goods.
- 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 whether they wish to return the goods to the seller.
(hereinafter referred to as the “decision“).
- The decision to acquire the goods or return them may be communicated by the buyer via the web platform at any time from the receipt of the goods during the 2-day period, but no later than on the last day of this period. Since obligations towards the seller arise for Vipluxury upon delivery of the buyer's notification, the buyer's decision communicated via the web platform cannot be subsequently changed.
- The buyer's decision to acquire the goods, communicated via the web platform, establishes Vipluxury's obligation to release to the seller from escrow the purchase price reduced by the agreed intermediation commission to the bank account provided by the seller. The same obligation applies to Vipluxury if the buyer fails to communicate their decision via the web platform even on the last day of the return period and the return period expires without effect.
- The 2-day return period fully reflects the fact that the subject of the purchase contract is used goods, for which, in the event of a decision to acquire them, it applies that the buyer has accepted them in the condition as they stand and lie, with full awareness that the goods are not new and that no warranty is provided for the goods either by the seller or by Vipluxury (which acts solely as the operator of an online marketplace /does not have the status of a trader/, and only mediated the opportunity to conclude a distance purchase contract between the seller and the buyer, did not have physical possession of the goods and did not physically handle them in any way).
- After releasing the purchase price (reduced by the intermediation commission) from escrow to the seller, Vipluxury shall not be liable in any way for the fulfillment of the seller's tax obligations towards the relevant tax authority, if such obligations arise for the seller under applicable legal regulations.
- In the event that the buyer notifies Vipluxury of the decision to return the goods within the return period, Vipluxury shall notify the seller of this fact no later than within 2 working days and shall request the buyer to send the goods, together with all delivered accessories, in undamaged packaging and in an unimpaired condition, back to the seller to the address provided by the seller no later than within 2 working days, whereby the costs of returning the goods shall be borne by the buyer. Upon receipt of the returned goods, the seller is obliged to inspect them without undue delay and no later than within 2 working days submit a report to Vipluxury confirming receipt of the returned goods without damage (compared to the condition in which they were delivered to the buyer). This establishes Vipluxury's obligation to return the purchase price from escrow to the buyer no later than within 5 working days from receipt of the report on delivery of the returned goods, thereby resulting in a valid and effective cancellation of the concluded purchase contract (effective withdrawal from the contract). In such case, Vipluxury is not entitled to a commission.
- 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 when the buyer takes over the goods from the seller.
- By agreeing to these GTC without reservation, the buyer expressly declares that they are fully aware:
- that they are entering into a contractual relationship with the seller as a natural person not acting as an entrepreneur and that Vipluxury is not a party to such contractual relationship in any respect,
- that they are paying the purchase price for the goods in favor of the seller, that Vipluxury acts as an intermediary which solely facilitated 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 nor by any other ancillary obligations of the seller arising from the concluded purchase contract,
- that in the event of a decision to acquire the goods, they are purchasing a used second-hand item from the seller in the condition as it is and as it is (that the seller is not liable for defects of the goods and does not provide any warranty of quality to the buyer),
- that they have the right, even without stating a reason, but only within the 2-day period, to return the goods,
- that the return period is final and cannot be extended.
- The purchase contract between the buyer and the seller is deemed concluded by: expression of consent to these General Terms and Conditions, consent to the processing of personal data, and payment of the purchase price for the goods.
- The purchase contract between the buyer and the seller does not constitute a consumer contract; therefore, the rights and obligations of the contractual parties, including liability for defects, are governed exclusively by § 588 et seq. of Act No. 40/1964 Coll., the Civil Code, as amended.
- Choice of applicable law – the purchase contract between the buyer and the seller (if at least one of them is a foreign entity) shall be governed exclusively by the legal order of the Slovak Republic, which both contractual parties agree to without reservation by accepting these General Terms and Conditions (Article 3(1) of Regulation (EC) No. 593/2008 (Rome I)). The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. All legal relationships arising from the contract, as well as related thereto, which arise from the purchase of goods on the Vipluxury web platform or in the native application of the online marketplace operator, shall be governed exclusively by the legal order of the Slovak Republic, regardless of the nature of the contractual parties. Jurisdiction of the court in the event of any dispute arising from the concluded purchase contract shall be governed by the provisions of Act No. 160/2015 Coll., the Civil Dispute Code, and if jurisdiction cannot be determined under this regulation, the competent court shall be the District Court Nitra, to which the contractual parties agree without reservation by accepting these General Terms and Conditions.
Article V.
Negotiation of the Purchase Price between the Buyer and the Seller
- The web platform allows registered users to individually negotiate the purchase price between the seller and the buyer through the “Make an Offer“ functionality, which is displayed with each individual listing of the seller.
- The “Make an Offer“ functionality is available only to registered users after logging into their user account.
- An interested party may request a discount on the purchase price from the seller by submitting their proposed purchase price via the “Make an Offer“ functionality, rounded to whole euros. The proposed price by the interested party does not constitute a binding order for the goods, but only a proposal for an individual adjustment of the purchase price.
- After submitting a proposed purchase price different from the price stated in the seller's listing, the seller is informed of this proposal via a notification on the web platform. The seller has the option to accept or reject the proposal; however, the seller is not obliged to accept, reject, or respond to it. If the seller does not expressly accept the proposed price within 7 calendar days from the date of submission, it shall be presumed (rebuttable legal presumption) that the proposal has not been accepted.
- If the seller accepts the proposed price from the interested party, the interested party is informed via a notification on the web platform. A new individually agreed price will be displayed for that specific interested party with the relevant listing, while the original price of the goods will remain displayed above this new price. The interested party has the right to purchase the goods at this adjusted purchase price within 24 hours from the acceptance of the proposal by the seller. After the expiration of this period, the right of the interested party to purchase the goods at the adjusted price expires, and only the original purchase price will be displayed again with the seller's listing.
- If the seller rejects the proposed price, the interested party is informed via a notification on the web platform. The rejection of the proposed price does not eliminate the possibility for the interested party to submit another proposed purchase price to the seller. The interested party also retains this option if they do not exercise their right to purchase the goods at the adjusted price within the period specified in point 5 of this Article of the GTC.
- If the seller accepts the price proposed by the interested party pursuant to point 5 of this Article of the GTC, the seller is bound by the agreed purchase price in relation to that specific interested party for 24 hours from the moment of acceptance of the proposal and is not entitled to unilaterally change the individually agreed purchase price in relation to that interested party during this period.
Article VI.
Originality Check
- Vipluxury does not physically handle the sellers' goods published on web platforms. Exceptions to this procedure are as follows:
- a special mutual agreement including all terms of delivery and receipt (in such a case, Vipluxury takes over and subsequently dispatches the goods in the original packaging from the seller – the packaging is not opened),
- temporary receipt of goods for the purpose of ensuring authenticity verification (in such a case, the process of receipt, opening the package, authenticity verification, repackaging, and handover to the carrier is thoroughly documented by Vipluxury).
- Authenticity verification as a paid service is carried out for Vipluxury by authorized specialized organizations (according to specific types and brands of goods), based on the seller's consent to perform the authenticity verification of the offered goods, or upon the buyer's request to verify the authenticity of the ordered goods.
- When performing the steps to publish their listing for sale on the Vipluxury web platforms, the seller shall choose:
- the option that they already possess a Vipluxury certificate of authenticity (in case of a valid certificate), or
- the option to consent to authenticity verification, or
- the option to skip the consent.
- If the “consent“ option is selected, a special icon shall be displayed on the web platforms next to the offered goods, notifying interested parties that, in the event of an order with payment obligation, the selected goods will undergo authenticity verification before delivery to the buyer (the goods will be delivered with a guarantee of authenticity). This option significantly increases the credibility of the seller as well as the offered goods.
- If the consent option for authenticity verification is skipped, the published goods will not be marked as in point 4 of this article; however, the interested party will have the option, within the order process, to request authenticity verification of the ordered goods. In such a case, the buyer shall bear the cost of authenticity verification.
- Procedure for authenticity verification based on the seller's consent:
- Upon receipt of the order, Vipluxury shall receive from the interested party the purchase price into escrow and shall inform the seller without undue delay.
- By receiving the purchase price and notifying the seller thereof, the purchase contract between the seller and the interested party/buyer is deemed concluded, and the seller is obliged to dispatch the goods to Vipluxury's address for authenticity verification within 5 working days from the delivery of Vipluxury's notification.
- Vipluxury shall carry out authenticity verification within 2 working days from the receipt of the goods. Upon receiving the authenticity verification result, Vipluxury shall send the goods, together with the positive verification result and the seller's information, to the buyer. The buyer, in this case, receives the goods with verified origin (authenticity guaranteed) and has no right to return them to the seller. Vipluxury shall pay the seller from escrow the purchase price reduced by the authenticity verification fee and the commission. The provisions of point 1(b) of this article are not affected.
- In case of a negative authenticity verification result, Vipluxury shall return the goods to the seller's address, together with an accounting of all reasonably incurred costs and a statement of damages, and shall return the purchase price to the buyer together with notification of the negative result, thereby effectively canceling the concluded purchase contract. The provisions of point 1(b) of this article are not affected.
- Procedure for authenticity verification based on the buyer's request:
- Upon receipt of the order, Vipluxury shall receive from the interested party the purchase price and the authenticity verification fee into escrow and shall inform the seller without undue delay.
- By receiving the purchase price and the authenticity verification fee and notifying the seller thereof, the purchase contract between the seller and the interested party/buyer is deemed concluded, and the seller is obliged to dispatch the goods to Vipluxury's address for authenticity verification within 5 working days from the delivery of Vipluxury's notification before sending the goods to the buyer.
- Vipluxury shall carry out authenticity verification within 2 working days from the receipt of the goods. Upon receiving the result, Vipluxury shall send the goods with a positive authenticity verification result and the seller's information to the buyer. The buyer receives officially verified goods and has no right to return them to the seller. Vipluxury shall pay the seller from escrow the purchase price reduced by the commission. The provisions of point 1(b) of this article are not affected.
- In case of a negative result, Vipluxury shall return the goods to the seller's address, together with an accounting of all reasonably incurred costs and a statement of damages, and shall return the purchase price to the buyer together with notification of the negative result, thereby effectively canceling the concluded purchase contract. The provisions of point 1(b) of this article are not affected.
- Additional authenticity verification: If reasonable doubts arise about the origin or authenticity of the goods, or at the express request of the buyer after purchase with a justified reservation regarding origin or authenticity, Vipluxury reserves the right to take the purchased goods from the buyer for additional authenticity verification to protect its good reputation, even without prior consent or notification of the seller. In the case of a positive result confirming authenticity, the buyer shall bear the cost of authenticity verification. In case of a negative result, compensation for damages, authenticity verification costs, and other related claims shall be asserted against the seller. In case of a negative result, Vipluxury shall refer the buyer to assert claims, including the right to withdraw from the purchase contract, directly against the seller. The provisions of point 10 of this article shall apply accordingly.
- The right to additional authenticity verification under point 8 of this article may be exercised no later than 2 days from the receipt of the goods. Otherwise, this right expires.
- Common provisions regarding handling of goods during authenticity verification: The risk of damage to the goods during the entire authenticity verification process is borne by the seller as the owner of the goods. Upon receipt of the goods for authenticity verification, Vipluxury shall document the technical condition of the goods and send it to the seller for confirmation. In case of detected defects, mechanical, or any other damage to the goods, Vipluxury shall continue with the verification process and dispatch to the buyer only if the interested party/buyer confirms awareness of the technical condition and agrees to proceed without reservations. Otherwise, Vipluxury shall return the goods to the seller's address, together with an accounting of all reasonably incurred costs and a statement of damages, and shall return the purchase price to the buyer, thereby effectively canceling the concluded purchase contract. The provisions of point 1(b) of this article are not affected.
- A certificate of authenticity is a document certifying that the goods have been subjected to verification by one of the authorized companies. Authorized companies guarantee the authenticity of the verified goods up to the amount of their purchase price.
- Repeated authenticity verification: If, during the validity period of the certificate of authenticity, reasonable doubts arise regarding the factual accuracy of the certificate/authenticity of the goods covered by the valid certificate, Vipluxury, upon the buyer's request, shall take over the goods for repeated authenticity verification in accordance with the provisions of point 8 of this article. If the repeated verification proves the certificate's inaccuracy or a justified suspicion of forgery, Vipluxury shall reimburse the buyer the purchase price of the goods. Otherwise, Vipluxury shall send the goods back to the buyer's address, together with an accounting of all reasonably incurred costs and the fee for repeated authenticity verification. The provisions of point 1(b) of this article are not affected.
- For jewelry and watches, the provisions of point 12 of this article regarding reimbursement of the purchase price shall not apply.
Article VII.
Declaration on Trademark Rights
- All individual items of goods published on the Vipluxury web platforms are second-hand goods. Each individual item was originally released on the market as new under the trademark of the respective trademark owner. The sale of goods already released on the market (second-hand goods) in accordance with Article 7 of Council Directive 89/104/EEC of 21 December 1988 approximating the laws of the Member States relating to trademarks does not infringe the rights of the respective trademark owners.
Article VIII.
Rules of Transport of Goods
- 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: 47 927 682 (hereinafter referred to as the “Carrier“).
- Vipluxury provides the following shipping 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):
- direct shipping from the place of dispatch to the place of delivery (direct seller-to-buyer shipping),
- combined shipping (transport of the goods from the place of dispatch – from the seller to the registered office of Vipluxury, and subsequent transport to the place of delivery designated by the buyer).
- Combined shipping under point b) of this Article is carried out in all cases according to Article VI of these GTC, such that in the case of combined shipping without authenticity verification, Vipluxury does not open the package. In the case of authenticity verification, Vipluxury documents the goods upon opening the package, then again after the completion of the authenticity verification, and subsequently carefully repacks the goods for delivery to the place of receipt. The provisions of point 9 of Article VI of the GTC are not affected by this.
- Unless otherwise specified, the shipping costs for delivering the ordered goods to the place of receipt designated by the buyer on the respective web platform according to point 2 of this Article are borne in full by the buyer.
- As part of the process of publishing a goods offer for sale on the Vipluxury web platform or in the native application, the seller selects from the proposed package sizes a size suitable for safe packing and transportation of the goods. The package size is one of the mandatory criteria for determining the final shipping cost. The seller is fully responsible for correctly selecting the package size. In case of incorrect selection, the seller is liable for any price difference and for any damage resulting from such action.
- During the process of publishing a goods offer for sale on the Vipluxury web platform or in the native application, the seller has the option to insure the goods against damage, loss, or destruction during transport to the place of receipt designated by the buyer. For uninsured goods, the buyer assumes responsibility for any damage only upon receipt; until then, the seller bears full responsibility for damage to the goods.
- Vipluxury is not liable for any damages incurred during the transportation of the goods.