Terms of use Seller

Last modified: Dec 08 , 2021

  1. Definitions
  2. Identity konfettie.eu
  3. Sales Account
  4. Offer
  5. Order and Delivery
  6. Customer Relationship
  7. Payments
  8. Services konfettie.eu
  9. Communication between Seller and Customer
  10. Use content
  11. Data
  12. Privacy
  13. Warranties and obligations
  14. Intellectual property rights
  15. Restriction, suspension and termination of Seller account 
  16. Consequences of termination of Seller account
  17. Liability
  18. Complaints
  19. Diverse
  20. Change conditions 

 

Article 1. Definitions

  1. Konfettie.eu: the private limited company konfettie.eu with its registered office at (3011 BH) Rotterdam, Schiedamseweg 154. Operating in the Netherlands under VAT number: NL862893185B01 and registered with the Chamber of Commerce Rotterdam under number 83487433.
  2. Environment: konfettie.eu and any other application designated or developed by konfettie.eu.
  3. Services: the Platform konfettie.eu and all its functionalities that are made available to Sellers and Users and/or Customers.
  4. Platform: the environment in which third parties (Sellers) can offer their Articles,within product categories specified by konfettie.eu, to Users.
  5. User: every visitor of the Environment konfettie.eu
  6. Terms of use: terms of use for any kind of User of konfettie.eu, terms of use for Sellersvia konfettie.eu, including all appendices and manuals.
  7. Seller(s): any (legal) person who is registered in a trade register, has a VAT number, is accepted by konfettie.eu, has created a Sales Account via konfettie.eu and has accepted these Terms of Use.
  8. Sales Account: The account created by the Seller through our Services.
  9. Article: all new articles (product and digital) of which konfettie.eu has indicated that they may be offered by Sellers in our Environment.
  10. Customer: a User of the Environment who proceeds to purchase an Item via the konfettie.eu Platform.
  11. Purchase Agreement: The agreement resulting from the purchase of an Item from a Customer from a Seller via konfettie.eu
  12. Content: The text, specifications and, for example, images that are placed as a listing in the Environment by the Seller. The Sellermanual contains information for sellers and the content they are allowed to create and share on konfettie.eu. Customer reviews also fall under content.
  13. Total price: the price of an Item including transaction costs, shipping costs and, if applicable, disposal fee and all other possible amounts imposed by the Government that are charged to the Customer.
  14. Konfettie.eu brands: the konfettie.eu word and figurative marks, as well as other distinguishing marks (Konfettieshop/Konfettie.eu etc.)
  15. Fee: the commission charged by konfettie.eu to the Selleron the Sales Price + shipping costs, consisting of a fixed component, as set out on the Sellermanual. 
  16. Sales price: the price that the Seller uses for a product that is offered via konfettie.eu
  17. Aftersales: all communication between Seller and Customer that takes place after the conclusion of a Purchase Agreement and is essential for the correct execution of this Purchase Agreement.
  18. Review System: the system through which Customers, after purchasing an Item offered by a Seller, can express their opinion about the Item, the Sellerand the process of purchase.

 

Article 2. Identity konfettie.eu

Konfettie.eu B.V. trading under the name(s): Konfettie.eu

Business & visiting address:

Schiedamsevest 154

3011 BH Rotterdam

The Netherlands

 

Availability: 24 hours a day, 7 days a week

 

E-mail:

Seller:        Seller@konfettie.eu

Consumers: info@konfettie.eu

Safety:         safety@konfettie.eu

Chamber of Commerce number: 83487433

Dutch VAT identification number: NL862893185B01

 

 

Article 3. Sales account

1.Every Seller must register before a Sales Account can be created through which Items can be offered on the Platform.

  1. Registration as a Seller implies acceptance of the Terms of Use, and the obligation to comply with the Terms of Use and to read our manuals.
  2. In order to act as a Seller, the Seller must:
  3. Have reached the age of 18 years.
  4. Have created a Sales Account in the Environment;

c.. Have a European bank account

d.. Have a European postal address

  1. To formally accept the terms and conditions of konfettie.eu
  2. to have a VAT number
  3. to be registered in the trade register

 

  1. Only after formal acceptance from konfettie.eu, creating a Sales Account on the Platform and accepting the Terms of Use, the Seller can offer items via konfettie.eu

 

a.The Seller can create one sales account per trade name/brand name. Creating multiple accounts is possible if each shop has its own brand/trade name.

  1. The Seller is fully responsible for the use made of the Sales Account and for those who access the Sales Account. Konfettie.eu is in all cases authorized to suspend the use of the Sales Account by the Seller if, in its opinion, the conditions are not complied with.

c.If a Seller, for whatever reason, does not comply with the payment obligation, konfettie.eu has the right to deactivate the account until payment obligation has been met.

d.At all times, the Seller is responsible for the authenticity of the data in the Sales Account.

 

Article 4. Offer

1.The Seller may only offer new items. The Items must comply with the conditions as included in our Sellermanual. Both second-hand items and used items are not allowed to be offered.

2.Only konfettie.eu is entitled to determine which product categories and/or subcategories may be offered on the Platform. Konfettie.eu may, from time to time, change these categories and exclude Articles and/or content.

3.The product categories and/or subcategories established and/or to be established by konfettie.eu, including the product categories and/or subcategories, may be unilaterally changed by konfettie.eu from time to time.

4.Konfettie.eu reserves the right to no longer allow certain Items of a Seller on the Platform. If the Seller does not comply with this request, konfettie.eu can remove the Article and/or the content.

  1. When konfettie.eu finds that an Article and/or content does not match the offer on the Platform because it can be harmful to the reputation of konfettie.eu, is not in line with our conditions or we find the Article and/or content misleading, konfettie.eu is entitled to remove this.

 

Article 5 - Order and delivery

1.By going through the ordering process on konfettie.eu, a User can order an item offered by a Seller.

2.An order will be processed in accordance with the relevant Seller's own conditions.

3.A Seller is not entitled to process an order outside the order process of konfettie.eu.

4.The Seller will share its own delivery terms and conditions on its own account and include matters such as: shipping, return policy and processing time.

5.The Seller will keep the customer informed about the progress of the order.

Only a Sellercan cancel an order through our Services.



Article 6 Right of withdrawal

1.Users enjoy protection and have a 14-day right of withdrawal.

2.For hygienic reasons or in case of a custom order, some articles may be excluded.



Article 7 – Customer relationship

1.When a Purchase Agreement has been concluded on the Platform between the User and the Seller, the Seller is obliged to fulfill this Purchase Agreement.

2.Konfettie.eu is in no way part of the Purchase Agreement between the User who makes a purchase from the Seller.

3.Proper performance of the Purchase Agreement is the sole responsibility of the Seller

4.The handling of a Purchase Agreement is entirely at the expense and risk of the Seller. This includes after-sales activities such as: customer service, returns and the like.

5.Each Selleris by definition part of the review system. Konfettie.eu will only remove a review at the request of a Seller and when a review is contrary to our 

6.Terms and Conditions and/or Laws and Regulations.

In the event of a dispute with the Customer, the Seller is aware that he/she must first try to resolve this with the User before involving konfettie.eu.

  1. Do you feel unsafe due to contact with a customer? Report this User to us at: safety@konfettie.eu




Article 8 – Payments

1.The Seller pays konfettie.eu the fee per Article sold via the Platform and the Seller pays for any other Service purchased from konfettie.eu.

2.Konfettie.eu will set up the Platform in such a way that Customers pay via the Platform. 

3.Payments are made through our payment service provider: Online Payment Platform .After one calendar month, the money will be released and transferred to the account number provided by the Seller.

4.A Seller is not allowed to accept direct payments from the Customer. Payment will be made exclusively via konfettie.eu.

  1. The payments received by konfettie.eu will be deposited into the account number of the Sellerafter deduction of the Fee(s). This will happen once per calendar month.
  2. All Fees owed by the Seller and in accordance with the conditions are immediately due and payable by konfettie.eu. The Fees will be settled with the first scheduled payment to the Seller as referred to in paragraph 2 of this article. If settlement is not possible, konfettie.eu can also send an invoice containing a payment term of one month with which the Seller must adhere.



Article 9 - E-mail communication between the Seller and Customer

1.Konfettie.eu has built an e-mail application to enable the Customer and the Seller to communicate via the Platform. The Selleris free to maintain telephone contact with the Customer in order to be able to fulfill the obligations regarding the Purchase Agreement.

2.Konfettie.eu can (temporarily) block contact via the email application, if it has good reasons to do so, for example in the event of (suspicion of) fraud or communication that goes against our conditions.

3.In order to be able to solve questions and/or problems, konfettie.eu stores and can view the communication in order to support both the Customer and Sellerwhere necessary and to keep the Platform safe.

4.The Seller gives konfettie.eu permission to store this communication and to view it.

5.The communication that takes place via this email application is kept by konfettie.eu for a maximum of 2 years.



Article 10 - Content use

1.The Seller may use the Content in accordance with the Terms of Use, but only use it for the purpose of selling via the Platform. This right is non-exclusive and non-transferable. Instructions from konfettie.eu must be followed immediately and 2.Sellermay not post Content on the Platform that is misleading or harmful to konfettie.eu. Changes made by the Seller to existing Content must be in accordance with the content requirements set by konfettie.eu. Konfettie.eu is authorized to change these requirements whenever. 

The Seller guarantees that:

  1. the Item Descriptions are true and in no way misleading
  2. the Item Descriptions do not contain URLs to your own or other websites
  3. the images and text comply with the rules drawn up by konfettie.eu
  4. the images are an honest representation of the Item
  5. the information provided in no way infringes the rights of third parties (e.g. trademark rights and copyrights)
  6. the information provided is in the English language

 

  1. The Seller enables konfettie.eu to use the content/information that the Seller shares on konfettie.eu forever, without limitation and worldwide. The Seller guarantees to be the sole owner of the information provided to konfettie.eu.

4.Konfettie.eu reserves the right at all times to adjust, change or delete the information shared by the Seller.

5.The Seller must provide the (product) information to konfettie.eu by independently creating a listing via its own account.

6.The Seller indemnifies konfettie.eu against all damage and/or costs of whatever nature, resulting from non-compliance with its obligations.

 

Article 11 – Data

1.When a Seller starts a Sales account and accepts our terms and conditions, konfettie.eu will have access to all information entered by the Seller. When a Purchase Agreement is concluded, konfettie.eu also has access to all order data. All this information is used to map the results of the Platform.

2.The Seller has insight into its own data via the dashboard set up for this purpose. In order to further develop the Platform, konfettie.eu has access to all data provided by the Sellers.

3.Konfettie.eu can and will share data with third parties for the purpose of improving the Platform. This information will not be traceable to a single Seller. Sharing this data has either a commercial purpose or is a legal obligation.

 

Article 12 – Privacy

1.When the Customer has given permission or when it is necessary for a Seller to receive customer data, konfettie.eu will provide this.

2.The Seller is only entitled to use the Customer Data to complete a Purchase Agreement. After termination of the Sales Account (by konfettie.eu or the Selleritself), the Seller will no longer use the customer data.

3.Customer data will be processed by the Seller in accordance with the GDPR.

4.Konfettie.eu is not responsible for the accuracy of the information provided by Users.

 

Article 13 - Warranties and obligations

1.The Seller guarantees to comply with the Terms of Use and all other terms and conditions and manuals.

2.Only new Items will be offered in the product categories established by konfettie.eu and meet the requirements set by konfettie.eu, including: the Items offered are the property of the Seller, its own design and not contrary to the conditions of both konfettie.eu and the Laws and Regulations; the items offered must work properly, may not be counterfeit, the Seller must know and be able to prove what the Item is made of, and the information and the Item may not infringe the rights of third parties. The actions of the Seller may in no way harm konfettie.eu and other Users.

3.The Sellerindemnifies konfettie.eu against all claims for damages resulting from non-compliance with the guarantees of this article.

 

Article 14 - Intellectual property rights

1.As soon as and as long as the Selleroffers Articles on konfettie.eu, konfettie.eu acquires the non-exclusive, non-transferable right to use the Seller's image and wordmarks worldwide.

2.The Environment, design and the Content as well as all konfettie.eu brands and Logos are the exclusive intellectual property of konfettie.eu. The Seller acknowledges this and will not use it without prior written permission. Intellectual property rights and all other rights of konfettie.eu will be respected by the Seller.

3.The Seller will never register its own name, trademark or domain name registration with "konfettie.eu", "Konfettie.euShop" or a derivative of the konfettie.eu brands without written permission from konfettie.eu.

 

Article 15 – Restriction, suspension and termination of Seller account

1.Konfettie.eu has the right at all times to refuse a request for a new account, without stating reasons, or to block or delete an existing account, stating reasons. This will be the case if konfettie.eu has strong suspicion that it is not acting in accordance with our conditions and/or the law.

2.A Seller will be informed in advance by konfettie.eu if there is suspicion with reasons and if this suspicion is not refuted within a period of one week, konfettie.eu will be entitled to block the account. The period of one week will not apply if, in the opinion of konfettie.eu, there are compelling interests that justify blocking the account immediately.

3.Konfettie.eu can also choose not to make some or all functionalities available to a Seller.

4.The seller can choose to terminate the cooperation by closing an account on konfettie.eu. After the Seller has fulfilled all payment obligations, the cooperation is formally terminated.

 

Article 16 - Consequences of termination of Seller account 

1.The Sales Account will be terminated when this has been stopped for whatever reason. 

2.The Seller then no longer has the right to use the brands and content.

  1. After termination, no compensation of what sort can be claimed by Seller. 
  2. All data that the Seller has shared with konfettie.eu will remain the property of konfettie.eu, even after termination.

 

Article 17 – Liability

1.The Seller is solely liable and responsible for the use of the Sales Account.

2.The Sellerindemnifies konfettie.eu for all costs and/or damage resulting from non-compliance with the obligations as described in all conditions (and for example the manuals) of konfettie.eu

3.The Seller indemnifies konfettie.eu against damage and costs that are the result of non-compliance with the General Data Protection Regulation (GDPR) by the Seller. It is the Seller's responsibility to comply with the GDPR.

4.Only in the event of demonstrable intent and/or gross negligence on the part of konfettie.eu, konfettie.eu is liable for causal damage and/or costs of whatever nature incurred by the Seller in connection with the use of the Platform, the Sales Account, Content and /or Articles such as - but not limited to damage and costs as a result of incomplete functioning of the Platform, maintenance, malfunctions, incorrect Content info, etc.

5.If by the exclusion of liability of the Terms of Use by a competent court these are declared null and void in whole or in part, konfettie.eu will only be liable for the directly demonstrable damage/costs suffered (excluded are consequential/indirect damage). The liability for direct damage/costs suffered in total will never amount to more than Euro 500 per annum.

 

Article 18 – Complaints

1.If a Seller is dissatisfied with the Services of konfettie.eu, they can file a complaint with konfettie.eu by sending an email to: Seller@konfettie.eu

2.Konfettie.eu will, within 7 days of receipt of the complaint, assign an employee to discuss this complaint (in writing or by telephone). We strive to reach a mutually satisfactory solution with the Seller.



Article 19 – Diverse 

1.The Seller will never show or express himself as part of the konfettie.eu team. All costs arising from the appearance or expression as part of konfettie.eu will not be charged to konfettie.eu.

2.A Seller does not have the right to transfer the account to a third party unless konfettie.eu has given written permission to do so.

3.Konfettie.eu may change all Terms of Use and other terms and conditions/manuals at any time.

4.Konfettie.eu will inform the Seller from time to time about new developments and possibilities by email. The Seller will receive this information at the email address you have provided.

 

Article 20 - Change conditions

Konfettie.eu reserves the right at all times to change its terms and conditions without stating reasons. The conditions drawn up in Dutch are always leading.