General Terms and Conditions

Vipluxuryfashionbazar

Who are we?

VIPLUXURY p. r. o., Na Strelnici 802/5, Nitrianske Hrnčiarovce 951 01, ID: 52 879 674

Bank connection: Tatra banka, a.s., IBAN code: SK85 1100 0000 0029 4408 4968 Entry: OR OS Nitra, Department: Sro, Insert number: 50292/N

(hereinafter referred to as "Vipluxury")

Email: xfashionlux@gmail.com, xfashionlux@vipbabyfashionbazar.com, xfashionlux@fashionbazar.com,

Web: www.patreon.com/vipluxuryfashionbazar

Article I. Interpretation of terms

Vipluxury	Company Vipluxury Trade s. r. o., which, as part of its business activity, in its own name, or in cooperation with another business partner, through its web platforms (or the platforms of a business partner), mediates the publication of sales offers for used luxury original pieces of clothing, fashion accessories and other luxury goods for sellers, and for those interested, the opportunity to buy goods from the sellers from the published offer.
Seller	A natural person who, by accepting these General Terms and Conditions and on the basis of the brokerage contract, authorizes Vipluxury to publish an offer for the sale of their luxury used goods and mediate the conclusion of a purchase contract with an interested party for the published goods owned by the seller. The seller is a person who does not act as part of a business activity, he sells a used item in his private ownership, while it is not a repeated activity of the seller for the purpose of making a profit.
Interested/buyer	A natural person (who does not act as an entrepreneur) who, by accepting these General Terms and Conditions and on the basis of a purchase contract mediated by Vipluxury in accordance with these General Terms and Conditions, is interested in acquiring/will acquire goods from the seller. The buyer is a person who does not act as part of a business activity, is interested in buying a used item for his private ownership, while it is not a repeated activity of the seller for the purpose of its further sale and making a profit.
Goods	Used luxury original pieces of 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/mediates the conclusion of purchase contracts between sellers and buyers as by private persons)
Order	The action of the interested party by which he requests Vipluxury to conclude a purchase contract with the seller for the specific goods selected by the interested party.
Price	The total price of the goods stated in the order, especially the price for all the goods that the interested party is interested in buying, excluding shipping costs. With regard to the fact that the seller is a natural person who does not act as part of a business activity and the object of purchase is used goods, no VAT is applied to the price.
Term for canceling the contract	A period determined by the number of days, which is used for testing and a detailed inspection of the goods, checking their functional, appearance and other properties and attributes, after which the buyer loses the right to return the purchased goods to the seller. If the last day of the deadline falls on a Saturday, Sunday, or holiday, the next working day is considered the last day of the deadline.
Web Platform	Instagram, website, Facebook, native application and all other browsers and web applications used by Vipluxury to publish the product offer.
Form of sending information and notifications	Information and notices affecting the creation, change and termination of contractual rights and obligations according to these GTC are delivered between the contracting parties via Instagram messages, through the relevant functions of the native application and other means of remote communication, from which the time of delivery to the addressee is clear.< /p>
T&C	these general terms and conditions

Article II. General provisions

1. These GTC are governed by:
   

   a) the conditions and nature of the contractual relationship between Vipluxury and the seller, including the conditions for publishing the offer of goods on the Vipluxury web platforms,

   b) the conditions and nature of the contractual relationship between Vipluxury and the buyer,

   c) conditions of the contractual relationship between the seller and the buyer mediated by Vipluxury, including delivery, payment and other contractual conditions for the acquisition of goods into the ownership of the buyer,

   d) withdrawal/cancellation conditions

Article III.

Intermediary contract – legal relationship between Vipluxury and the seller

1. In the brokerage contract, Vipluxury undertakes to arrange for the seller to conclude a purchase contract with the buyer for the goods published on the Vipluxury web platforms, and the seller undertakes to provide the broker with a reward if the purchase contract has been concluded, the goods have been taken over by the buyer and the deadline for canceling the contract has passed.< /li>
2. Conclusion of an intermediary contract occurs upon acceptance of the seller's request to publish the goods on the Vipluxury portals, mutual agreement of the selling price of the goods, the amount of Vipluxury's commission for mediating the conclusion of the contract and other conditions according to that article of the General Terms and Conditions.
3. Vipluxury does not physically handle the published goods, it receives from the seller electronically (by means of remote communication) exclusively photos of the goods for the purpose of publishing the offer and mediating the purchase contract with the buyer. After the conclusion of the purchase contract, the goods are delivered (sent for transport) to the buyer directly by the seller based on the information and instructions provided by Vipluxury and according to the conditions established in the article of these GTC.
4. 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 the acquisition of the goods. The brokerage commission is included in the purchase price of the goods. The commission amount is individually agreed between Vipluxury and the seller. 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 (especially the place and time of delivery).
5. Vipluxury consistently relies on its good business reputation, for that reason it reserves the right not to conclude an intermediary contract in case of any doubts about the authenticity, origin, quality, condition of the goods or the reliability of the information provided about the goods by the seller. If doubts arise after the publication of the product offer, Vipluxury reserves the right to withdraw the published offer and withdraw from the concluded contract. In such a case, Vipluxury is entitled to a contractual penalty of 20% of the purchase price against the seller. This does not affect Vipluxury's claim to compensation for the incurred damage.
6. The seller is obliged to notify Vipluxury of all important circumstances that may affect the decision of the interested party to conclude a purchase contract.
7. By agreeing to these GTC, the seller grants Vipluxury full power to take over the purchase price from the buyer for deposit. The conditions for the calculation of the purchase price after deducting the commission or the return of the purchase price in case of cancellation of the purchase contract are governed by the provisions of Article IV. of these GTC.
8. The intermediary contract between Vipluxury as an intermediary and the seller as an interested party is considered concluded: by expressing consent to these GTC, consent to the processing of personal data and unconditional confirmation of the statements that are attached to these GTC.
9. The relationship between Vipluxury and the seller is governed by art. § 774 and Act no. 40/1964 Coll. Civil Code as amended.

Article IV.

Purchase contract - delivery, payment terms and other terms and conditions

1. Individual items of goods published on the Vipluxury web platforms are the property of the sellers - natural persons not acting as part of business activities, who have entrusted Vipluxury as an intermediary with the publication of the goods offer on In each individual case, these are second-hand goods.
2. Vipluxury is not the owner or holder of the goods from the published offer on web platforms.
3. If interested in purchasing goods from the current available offer, the interested party sends Vipluxury an order in the form of an Instagram message/function of the native application. After receiving an order for the purchase of goods, Vipluxury on behalf of the seller will accept the purchase price of the goods from the interested party as a deposit (to the bank account published with the relevant offer), about which it will immediately inform the seller.
4. By accepting the purchase price and notifying the seller of its acceptance, the purchase contract between the seller and the buyer is considered concluded, and the seller has the obligation to send the goods to the buyer's address specified in the notification from Vipluxury no later than 2 working days after receiving the notice from Vipluxury.
5. From the day after the buyer takes over the goods, the 2-day period for canceling the contract begins for the buyer. During this period, the buyer has the obligation to inspect the goods thoroughly and check their functional, qualitative and appearance characteristics, the degree of wear and tear and all other attributes expected by the buyer from the purchased used goods.
6. During the 2-day cancellation/withdrawal period, the buyer has the right to freely decide:
   • if he is interested in acquiring the goods,
   • or interest in returning the goods to the seller - withdraw from the contract
   (hereinafter referred to as "decision")
7. The decision to acquire the goods or to return them can be made by the buyer towards Vipluxury at any time after receiving the goods within a 2-day period, but no later than on the last day deadlines for canceling the purchase contract. Since Vipluxury's obligations towards the seller arise from the delivery of the buyer's decision, the buyer's decision notified to Vipluxury cannot be subsequently changed.
8. The buyer's decision to acquire the goods, which he announces to Vipluxury, establishes an obligation to issue the seller from the deposit 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 Vipluxury of his decision even on the last day of the contract cancellation period, and the contract cancellation/withdrawal period is in vain
9. The 2-day period for canceling the contract fully takes into account the fact that the subject of the purchase contract is used goods, for which, in the case of a decision to acquire them, it is valid that the buyer took them over as they stand and are lying, with the full knowledge that they cannot the new thing and the goods are not covered by any warranty from the seller or from Vipluxury (who only mediated the opportunity to conclude a purchase contract between the seller and the buyer, did not have actual possession of the goods, nor did they physically handle the goods in any way).
10. After issuing the purchase price (reduced by commission for mediation) from the deposit to the seller, Vipluxury is in no way responsible for fulfilling the seller's tax obligation towards the relevant tax administrator, if such an obligation arises for the seller in accordance with special legal regulations.
11. In the event that the buyer informs Vipluxury of the decision to return the goods during the contract cancellation period, Vipluxury will notify the seller of this fact within 2 days at the latest and invites the buyer to send the goods with all delivered accessories, with intact packaging and in undamaged condition back to the seller to the address notified by the seller. After the delivery of the returned goods, the seller is obliged to inspect them immediately and report to Vipluxury within 2 days at the latest about receiving the undamaged returned goods (compared to the condition in which they were delivered to the buyer). This fact establishes Vipluxury's obligation to return the purchase price from the deposit to the buyer no later than 2 days after receiving the report on the delivery of the returned goods, which results in a valid and effective cancellation of the concluded purchase contract (an effective withdrawal from the contract). In that case, Vipluxury is not entitled to a commission.
12. 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 time he takes over the goods from the seller.
13. By agreeing to these GTC without reservation, the buyer expressly declares that he is fully aware:
    

    a) that he enters into a contractual relationship with the seller as a natural person, a non-entrepreneur, and Vipluxury is in no way a party to the contractual relationship in question,

    b) that the purchase price for the goods is paid in favor of the seller, that Vipluxury is in the contractual position of an intermediary who exclusively mediated the opportunity to conclude a contract between the seller and the buyer and is not bound by the seller's obligations from the concluded purchase contract or any other ancillary obligations of the seller from the concluded purchase contract,

    c) that in the case of a decision to acquire the goods, he buys a second-hand item from the seller in the same condition as it is (that the seller is not responsible for defects in the goods and does not provide the buyer quality guarantee for goods),

    d) that he has the right to withdraw from the purchase contract even without giving a reason, but only until the expiration of the contract cancellation period,

    e) that the withdrawal period is final, it cannot be extended.

14. The purchase contract between the buyer and the seller is considered to have been concluded: by expressing consent to these GTC, consent to the processing of personal data, confirmation of the statements that are appendices to these GTC and payment of the purchase price for the goods.
15. The purchase contract between the buyer and the seller does not have the nature of a consumer contract, therefore the rights and obligations of the contracting parties are exclusively governed by the legal regulation of Act No. 40/1964 Coll. Civil Code as amended.

Article V.

Trademark Rights Statement

1. All individual items of goods published on the Vipluxury web platforms are second-hand goods. Each individual piece of goods was put on the market as new under the trademark of the owner of the respective trademark. Sale of goods already placed on the market (second-hand goods) in accordance with Article 7 of the EC Council Directive of 21 December 1988 on the approximation of the laws of the Member States in the field of trademarks no. 89/104/EEC does not violate the rights of the owners of the respective trademarks.