Who we are?

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: District Court Nitra, Commercial Register, 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. As part of its business activity, in its own name or in cooperation with another business partner, and through its web platforms (or the partner's platforms), Vipluxury facilitates for sellers the publication of offers to sell used luxury clothing items, fashion accessories, and other luxury goods, and enables interested buyers to purchase goods from the published offer from sellers, i.e. it enables the conclusion of distance purchase contracts between consumers. NOTICE: Distance purchase contracts concluded hereunder are not subject to consumer protection legislation.
Seller	A natural person who, by accepting these Terms and Conditions and on the basis of an intermediation agreement, authorizes Vipluxury to publish an offer to sell the seller's used luxury goods on the Vipluxury web platform or in the native application, so that the seller may conclude a distance purchase contract with a party interested in the published goods owned by the seller. The Seller is a person who does not act within the scope of business activity, sells a used item from their private ownership, and this does not constitute a repeated activity of the seller for the purpose of achieving profit.
Interested party / Buyer	A natural person (who does not act as an entrepreneur) who, by accepting these Terms and Conditions and on the basis of a purchase contract facilitated by Vipluxury in the manner described in these Terms and Conditions, wishes to acquire / acquires goods directly from the seller. The Buyer is a person who does not act within the scope of business activity, wishes to purchase a used item into their private ownership, and this does not constitute a repeated activity of the seller for the purpose of resale and profit.
Goods	Used luxury clothing items, 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 / facilitates the conclusion of purchase contracts between sellers and buyers as private individuals).
Order	An act by the interested party by which they request Vipluxury to conclude a purchase contract with the seller for the specific item of goods selected by the interested party.
Price	The total price of the goods stated in the order, in particular the price for all goods the interested party wishes to purchase, excluding shipping costs. Given that the seller is a natural person not acting within the scope of business activity and the subject of the purchase is used goods, VAT is not applied to the price. Shipping costs are not included in the price.
Return period	The period, determined by a number of days, that serves for trying on and thoroughly inspecting the goods, verifying their functional, visual, 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 period falls on a Saturday, Sunday, or public holiday, the nearest following business day is considered the last day of the period.
Web platform (online marketplace)	A service that, using Instagram, the website, Facebook, the native application, and all other browsers and web applications used by Vipluxury, enables the publication of a goods offer and the conclusion of a distance purchase contract between the seller and the buyer.
Registration	The service of the native application and website through which the seller gains access to the Vipluxury web platform for the purpose of publishing an offer of their goods for sale and the possibility of concluding a purchase contract with an interested party.
Form of sending information and notices	Information and notices affecting the creation, change, and termination of contractual rights and obligations under these Terms and Conditions are delivered between the contracting parties via Instagram messages, through 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	An electronic paid service provided by Vipluxury in cooperation with Vipluxury's contractual partners, serving to verify the authenticity of selected types of goods according to 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 Terms and Conditions.
Certificate of Authenticity	A certificate of authenticity of a specific item of goods issued by Vipluxury based on a positive result of the authenticity check, valid for 2 years from the date of issue.
Calculation of time limits	Every time limit stated in these Terms and Conditions is calculated as follows: Beginning of the period – the day following the event decisive for its running (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 day of rest, the nearest following business day is considered the last day.
Meaning of icons	Icons are used in the Vipluxury native application, in the section relating to seller data and in the section relating to published goods. The meaning of the icons is as follows: Section displaying seller data: 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, in the past month, sold more than 3 goods items to third parties through the Vipluxury native application. An active and reliable member of the community. Express delivery A seller who usually dispatches goods within 24 hours of the conclusion of the purchase contract. Fast delivery guaranteed. Section displaying goods data: Original proof of purchase The product is accompanied by an original proof of purchase from the brand or an authorized dealer. Vipluxury Certificate This product has a valid Vipluxury certificate of authenticity, or the seller has agreed to pay for its issuance in the event the sale is completed.
Terms and Conditions	these general terms and conditions.

Article II.
General Provisions

1. These Terms and Conditions govern:

1. the conditions and nature of the contractual relationship between Vipluxury and the seller, including the conditions for publishing goods offers on Vipluxury's 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 facilitated by Vipluxury, including delivery, payment, and other contractual conditions for the buyer's acquisition of ownership of the goods,
4. the conditions for returning received goods.

 

Article III.
Intermediation Agreement – Legal Relationship between Vipluxury and the Seller

1. Under the intermediation agreement, Vipluxury undertakes to arrange, for a fee, the conclusion of a distance purchase contract with a buyer for goods published on Vipluxury's web platforms on behalf of the seller, and the seller undertakes to pay the intermediary a fee if the purchase contract was concluded, the goods were 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 fulfil the legal requirements imposed on Vipluxury as the operator of an online marketplace.
3. 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 facilitating the conclusion of the contract, and other conditions under this Article of the Terms and Conditions.
4. Vipluxury does not physically handle the published goods; it receives from the seller electronically (by means of distance communication) exclusively photographs of the goods for the purpose of publishing the offer and facilitating the distance purchase contract directly between the seller and the buyer. After conclusion of the purchase contract, 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 Terms and Conditions. Exceptions to this provision are set out in Article V of these Terms and Conditions.
5. The purchase price of the goods published on Vipluxury's web platforms is set as the total price of the goods requested by the seller, which the buyer pays to acquire the goods. The intermediation 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 no less than €25; a different commission amount than provided for in this point of the Terms and Conditions may only be agreed on the basis of a special 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 individually agreed with the buyer and depends on the delivery conditions (in particular the place and time of delivery).
6. Vipluxury places great emphasis on its good business reputation, and for this reason reserves the right not to conclude the intermediation agreement in the event of any doubts about the authenticity, origin, quality, or condition of the goods, or about the credibility of the information provided about the goods 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 does not affect Vipluxury's right to compensation for any damage incurred.
7. The seller is obliged to notify Vipluxury of all important circumstances that may affect the interested party's decision to conclude the purchase contract. The seller is also obliged, if requested by the buyer, to allow an authenticity check of the goods to be carried out (the seller is obliged to send the goods for the authenticity check). This does not affect the provisions of Article V of these Terms and Conditions.
8. By agreeing to these Terms and Conditions, the seller grants Vipluxury full 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 returning the purchase price in the event the purchase contract is cancelled, are governed by the provisions of Article IV of these Terms and Conditions.
9. The intermediation agreement between Vipluxury as intermediary and the seller as the interested party is deemed concluded upon: successful registration of the seller in the native application or on the website, expression of consent to these Terms and Conditions, and consent to the processing of personal data.
10. In the event of reasonable suspicion of a breach, or a proven breach, of these 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 breach of these Terms and Conditions, in particular in the cases specified in point 11 of this Article of the Terms and Conditions).
11. The following are considered, in particular but not exclusively, serious breaches of these Terms and Conditions by the seller:

1. providing any false information about the goods, their origin, properties, etc.,
2. publishing counterfeit goods on the Vipluxury web platform and marking 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 the aim of concluding a contract or establishing any other relationship (relating to the published goods) between the seller and the buyer outside the Vipluxury web platform,
5. communicating with the buyer in a manner that contains direct or indirect references to platforms competing with Vipluxury.

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 declares without reservation that:

1. they have carefully familiarized themselves with Vipluxury's Terms and Conditions, agree with them, and undertake to abide by them,
2. they consent to the processing of their personal data to the extent published on the Vipluxury website,
3. they are the exclusive and rightful owner of the goods they wish to sell,
4. they have not concealed any facts and have not provided false information about the origin and authenticity of the goods,
5. they are fully aware of their responsibility for fulfilling any tax obligations related to the sale of the goods (if any arise),
6. they 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 the goods are delivered to the buyer.

14. If any of the seller's declarations under point 13 of this Article of the Terms and Conditions prove to be untrue, in particular if doubt arises about 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-material harm resulting from damage to Vipluxury's good reputation.

 

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

1. The individual items of goods published on Vipluxury's web platforms are owned by sellers – natural persons not acting within the scope of business activity – who have authorized Vipluxury as intermediary to publish an offer of the goods for sale. In each individual case, the goods are second-hand.
2. Vipluxury is neither the owner nor the holder of the goods from the offer published on the web platforms.
3. If interested in acquiring goods from the current available offer, the interested party sends Vipluxury an order via an Instagram message / a function of the native application / an order placed on the website. After receiving the order to purchase the goods, Vipluxury, on behalf of the seller, receives the purchase price of the goods from the interested party into escrow (into the bank account published with the relevant offer), and immediately informs the seller of this. The interested party has the right, before placing the order, to request the seller's full name and address from Vipluxury. Otherwise, this information will be made available to the interested party at the latest 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 interested party/buyer is deemed concluded, and the seller becomes obliged to dispatch the goods to the buyer's address stated in Vipluxury's notification no later than 5 business days after receiving that notification.
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 attributable to the seller, or if the ordered goods become unavailable, Vipluxury will refund the purchase price from escrow to the buyer/interested party, no later than within 14 days. In the case of payments in another currency, Vipluxury is not liable for exchange rate differences arising from the conversion of a foreign currency into € and back into the foreign currency when refunding the purchase price.
6. From the day following the buyer's receipt of the goods, a 2-day period begins to run during which the buyer may cancel the contract. During this period, the buyer is obliged to carefully inspect the goods and verify their functional, quality, and visual properties, the degree of wear, and all other attributes the buyer would expect from acquiring the used goods in question.
7. During the 2-day period for returning the received goods, the buyer has the right to freely decide:

• whether they wish to keep the goods,
• or whether they wish to return the goods to the seller (hereinafter the "decision").

8. The buyer may notify their decision to keep or return the goods via the web platform at any time from receipt of the goods during the 2-day period, but no later than the last day of that period (without prejudice to point 13 of this Article of the Terms and Conditions). 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 subsequently be changed.
9. The buyer's decision to keep the goods, notified via the web platform, creates an obligation to release from escrow to the seller the purchase price less the agreed intermediation 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 by the last day of the return period and the return period expires without such notification.
10. The 2-day period for returning received goods fully takes into account the fact that the subject of the purchase contract is used goods, for which, in the event of a decision to keep them, it applies that the buyer received them "as is," fully aware that they are not new, and that no warranty applies to the goods from either the seller or Vipluxury (which is solely the operator of the online marketplace /not acting as a merchant/, i.e. it merely facilitated the opportunity to conclude a distance purchase contract between the seller and the buyer, did not have actual possession of the goods, and did not physically handle the goods in any way).
11. After releasing the purchase price (less the intermediation commission) from escrow to the seller, Vipluxury bears no responsibility whatsoever for the fulfilment of the seller's tax obligations towards the relevant tax authority, should such an obligation arise for the seller under special legal regulations.
12. If, during the return period, the buyer notifies Vipluxury of a decision to return the goods, Vipluxury will notify the seller of this fact no later than within 2 business days and will request the buyer to send the goods back, together with all delivered accessories, with undamaged packaging and in unimpaired condition, no later than within 2 business days, to the address notified by the seller, with the costs of returning the received goods to the seller borne by the buyer. After receiving the returned goods, the seller is obliged to inspect them without delay and to report to Vipluxury, no later than within 2 business days, that the returned goods were received undamaged (compared to the condition in which they were delivered to the buyer). This gives rise to an obligation for Vipluxury to release the purchase price from escrow back to the buyer no later than within 5 business days of receiving the report confirming delivery of the returned goods, thereby validly and effectively cancelling the concluded purchase contract (effective withdrawal from the contract). In such a case, Vipluxury is not entitled to any commission.
13. Exclusions from the right to return goods. During the period referred to in point 12 of this Article of the Terms and Conditions, the buyer is not entitled to carry out any invasive or non-invasive interventions on 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 making the decision to keep the goods (point 8 of this Article) or to return them (point 12 of this Article), the buyer must not interfere with the original condition of the goods in any way. Otherwise, the buyer irrevocably loses the right to return the goods under point 12 of this Article. If, after the goods are returned, a breach of the prohibition on interfering with the goods under this point of the Terms and Conditions is proven, or any mechanical or other damage to the goods, the buyer is not entitled to a refund of the paid purchase price; 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 will also be liable for any damage caused to the seller and to Vipluxury as a result of the breach.
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 receives the goods from the seller.
15. By agreeing to these Terms and Conditions, the buyer expressly declares without reservation 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 respect a party to that contractual relationship,
2. that they pay the purchase price for the goods in favour of the seller, that Vipluxury acts in the contractual position of 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 under the concluded purchase contract,
3. that, in the event of a decision to keep the goods, they are buying a used, second-hand item from the seller "as is" (that the seller is not liable for defects in the goods and does not provide the buyer with any warranty of quality for the goods),
4. that they have the right, even without giving a reason, but only until the expiry of the 2-day period, to return the goods,
5. that the period for returning the goods 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.

16. The purchase contract between the buyer and the seller is deemed concluded upon: expression of consent to these Terms and Conditions, 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 does not have the character of 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 (provided that at least one of them is a foreign entity) is governed exclusively by the laws of the Slovak Republic, to which both contracting parties consent without reservation by confirming these Terms and Conditions (Article 3(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council (Rome I)). 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 those related to it, arising from 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, regardless of the nature of the contracting parties. Court jurisdiction in the event of any legal dispute arising from a concluded purchase contract is governed by the provisions of Act No. 160/2015 Coll., the Civil Dispute Resolution Code, and if jurisdiction cannot be determined under this regulation, the competent court shall be the District Court of Nitra, to which the contracting parties consent without reservation by accepting these Terms and Conditions.

 

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 Price" functionality, which is displayed for each of the seller's individual listings.
2. The "Propose Price" functionality is available only to registered users after logging into their user account.
3. The interested party may ask the seller for a discount on the purchase price by using the "Propose Price" functionality to state their proposed purchase price, rounded to the nearest whole euro. A price proposal from the interested party does not constitute a binding order for the goods, but only a proposal for an individual adjustment of the purchase price.
4. After a proposal of a purchase price different from the price stated in the seller's listing is submitted, the seller is informed of this proposal via a notification on the web platform. The seller may accept or reject the interested party'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 of the date the proposal was submitted, it is presumed (rebuttable legal presumption) that the interested party's proposal was not accepted.
5. If the seller accepts the interested party's price proposal, the interested party is informed of this via a notification on the web platform. For that specific interested party, a new individually agreed price is displayed on the relevant listing, with the original price of the goods remaining displayed above this new price. The interested party has the right to buy the goods at this adjusted purchase price within 24 hours of the seller's acceptance of the price proposal. After this period expires without action, the interested party's right to buy the goods at the adjusted price lapses, and only the original purchase price is again displayed on the seller's listing.
6. If the seller rejects the interested party's price proposal, the interested party is informed of this via a notification on the web platform. Rejection of the price proposal does not eliminate the interested party's ability to propose another purchase price to the seller again. The interested party retains this option even if they do not exercise their right to buy the goods at the adjusted price within the period under point 5 of this Article.
7. If the seller accepts the price proposed by the interested party under point 5 of this Article, the seller is bound by the purchase price thus agreed with respect to that interested party for 24 hours from the moment of acceptance of the proposal, and during this period is not entitled to unilaterally change the individually agreed purchase price with respect to the interested party.

 

Article VI.
Authenticity Check

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

1. a special mutual agreement covering all conditions of delivery and receipt (in such a case, Vipluxury receives and subsequently dispatches the goods in their original packaging from the seller – without opening the packaging),
2. temporary receipt of the goods for the purpose of carrying out an authenticity check (in such a case, the process of receipt, opening the package, the course of the authenticity check, subsequent packaging, and 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 authorized specialized organizations (according to the individual types and brands), based on the seller's consent to have the offered goods checked for authenticity, or at the buyer's request to verify the authenticity of the ordered goods.
3. In the course of completing the successive steps for publishing their listing for the sale of goods on Vipluxury's web platforms, the seller selects:

1. the option that they already hold a Vipluxury certificate of authenticity (if a valid certificate exists), or
2. the option to consent to an authenticity check, or
3. they skip the consent option.

4. If the "consent" option is selected, a special icon will be displayed with the offered goods on the web platforms, notifying interested parties that, in the event of placing an order with a payment obligation, the selected goods will undergo an authenticity check before delivery to the buyer (the goods will be delivered with a guarantee of authenticity). This option significantly increases the trustworthiness of both the seller and the offered goods.
5. If the consent option to the authenticity check is skipped, the published goods will not be marked as described in point 4 of this Article; however, the interested party will have the option, when placing the order, to request an authenticity check of the ordered goods. 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. After receiving the order for the goods, Vipluxury receives the purchase price of the goods from the interested party into escrow, and immediately informs the seller of this;
2. Upon receipt of the purchase price and notification of its receipt to the seller, the purchase contract between the seller and the interested party/buyer is deemed concluded, and the seller becomes obliged to dispatch the goods to Vipluxury's address for the purpose of carrying out the authenticity check no later than 5 business days after receiving Vipluxury's notification;
3. Vipluxury will arrange for the authenticity check to be carried out within 2 business days of receiving the goods for verification. Upon receiving the result of the authenticity check, Vipluxury will send the goods, together with the positive result of the check and the seller's details, to the buyer's address. In this case, the buyer receives from the seller goods with verified origin (guarantee of authenticity) and has no right to return them to the seller. Vipluxury will pay the seller, from escrow, the purchase price less the cost of the authenticity check and the commission. The provisions of point 1(b) of this Article remain unaffected;
4. In the event of a negative result of the authenticity check, Vipluxury will send the goods back to the seller's address, together with an accounting of all reasonably incurred costs and a quantification of the damage, and will refund the purchase price to the buyer together with notification of the negative result of the check, which at the same time results in the cancellation of the concluded purchase contract. The provisions of point 1(b) of this Article remain unaffected.

7. Procedure for the authenticity check at the buyer's request:

1. After receiving the order, Vipluxury receives from the interested party, into escrow, the purchase price of the goods and the price for the authenticity check, and immediately informs the seller of this.
2. Upon receipt of the purchase price and the price for verifying authenticity, and notification of their receipt to the seller, the purchase contract between the seller and the interested party/buyer is deemed concluded, and the seller becomes obliged to dispatch the goods to Vipluxury's address for the purpose of carrying out the authenticity check before the goods are sent to the buyer, no later than 5 business days after receiving Vipluxury's notification;
3. Vipluxury will arrange for the authenticity check to be carried out within 2 business days of receiving the goods for verification. Upon receiving the result of the authenticity check, Vipluxury will send the goods, together with the positive result of the check and the seller's details, to the buyer's address. In this case, the buyer receives from the seller officially verified goods and has no right to return them to the seller. Vipluxury will pay the seller, from escrow, the purchase price less the commission. The provisions of point 1(b) of this Article remain unaffected;
4. In the event of a negative result of the authenticity check, Vipluxury will send the goods back to the seller's address, together with an accounting of all reasonably incurred costs and a quantification of the damage, and will refund the purchase price to the buyer together with notification of the negative result of the check, which at the same time results in the cancellation of the concluded purchase contract. The provisions of point 1(b) of this Article remain unaffected.

8. Additional authenticity check: If reasonable doubt arises about the origin or authenticity of the goods, or at the express request of the buyer after purchasing the goods with a justified objection regarding origin or authenticity, in order to preserve its good reputation, Vipluxury reserves the right to take back the purchased goods from the buyer to carry out an additional authenticity check, even without the prior consent or knowledge of the seller. If the result is positive – confirming the authenticity of the goods – the buyer bears the cost of the authenticity check; if the result is negative, compensation for damage, the cost 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 accordingly.
9. The right to an additional authenticity check under point 8 of this Article may be exercised no later than 2 days from 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 for the entire duration of the authenticity check is borne by the seller as the owner of the goods. When receiving the goods to arrange the authenticity check, Vipluxury will document the technical condition of the goods and send this to the seller for confirmation. If defects, mechanical damage, or any other damage to the goods is found, Vipluxury will only continue with the procedure (arranging the authenticity check, sending the goods to the buyer) if the interested party/buyer confirms they have been informed of the technical condition of the goods and agrees without reservation to proceed further. Otherwise, Vipluxury will send the goods back to the seller's address, together with an accounting of all reasonably incurred costs and a quantification of the damage, and will refund the purchase price to the buyer, which at the same time results in the cancellation of the concluded purchase contract. The provisions of point 1(b) of this Article remain unaffected.
11. The Certificate of Authenticity is proof of the authenticity of goods that have undergone a check by one of the authorized companies. The authorized companies guarantee the authenticity of the checked goods up to the amount of their purchase price.
12. Repeat authenticity check: If, during the validity period of a Certificate of Authenticity, reasonable doubts arise about the factual accuracy of the certificate/authenticity of the goods to which the valid certificate relates, Vipluxury, at the buyer's request and applying the provisions of point 8 of this Article accordingly, will take back the goods to carry out a repeat authenticity check. If the repeat check proves the Certificate of Authenticity to be factually incorrect / the suspicion of a counterfeit proves to be well-founded, Vipluxury will reimburse the buyer for the purchase price of the goods. Otherwise, Vipluxury will send the goods back to the buyer's address, together with an accounting of all reasonably incurred costs and the price of the repeat check. The provisions of point 1(b) of this Article remain unaffected.

 

Article VII.
Statement Regarding Trademark Rights

1. All individual items of goods published on Vipluxury's web platforms are second-hand goods. Each individual item of goods was originally placed on the market as new under the trademark of the owner of the relevant trademark. The resale 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 owners of the relevant trademarks.

 

Article VIII.
Rules for the Transport of Goods

1. Vipluxury is a contractual partner of the carrier DHL Parcel Slovensko spol. s r.o., with registered office at Na pántoch 18, Bratislava-Rača 831 06, Company ID (IČO): 47 927 682 (hereinafter the "carrier").
2. Vipluxury offers the following transport options for 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 transport seller–buyer),
2. combined transport (transport of 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 V of these Terms and Conditions, in such a way that in the case of combined transport without an authenticity check, Vipluxury does not open the package; in the case of an authenticity check being carried out, Vipluxury documents the goods after opening the package, then documents them a second time after the check is completed, and then properly and carefully repacks them for transport to the place of receipt. The provisions of point 9 of Article V of the Terms and Conditions remain unaffected.
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 the offer of goods for sale on the Vipluxury web platform or in the native application, the seller selects from the proposed package sizes suitable for the safe packaging and transport of the goods. Package size is one of the mandatory criteria for determining the final shipping price of the goods. The seller bears full responsibility for correctly indicating the package size. In the event of incorrect labelling, the seller is liable for the price difference and any damage arising as a result of such conduct.
6. As part of the process of publishing the offer of goods 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. In the case of uninsured goods, the buyer is liable for damage to them from the moment of receipt; until that time, the seller bears full liability for any damage to the goods.
7. Vipluxury is not liable for any damage occurring during the transport of goods.