Terms and Conditions of use
Annex 1 - Sale of Products - Normal Service
Updated March 27, 2019
The following capitalized terms will have the following meanings when used in these General Terms and Conditions - Sale of Products - Normal Service.
Buyer - User who buys or has already purchased a Product.
Commission - value received by Maudde, acting as an implied agent of the Seller in exchange for the different services provided, including intermediation services. The Commission is included in the price.
Sellers price - value with all taxes included paid to Maudde by the Buyer in exchange for the Product. Maudde acts as Sellers agent or, when necessary, as a direct Seller of the Product (s) by the Purchaser in exchange for the Product. The Price includes the Commission, but does not include the Shipping Costs.
Seller - A User offering a Product for sale on the Site and who may be a Non-Professional Seller or a Professional Seller.
Non-Professional Seller - Seller who is not registered on the Site as a Professional Seller.
Order - stage during which the Buyer requests a Product on the Site for purchase.
Product - item listed by the Seller for sale on the Site, and through Product Information with precedence of a positive verification of compliance by Maudde.
Product Information - information describing the Product created by a Seller and posted on the Site by Maudde, after validation.
Profile information - information that describes the User profile and indicates, among other things, the Products listed for sale by the User.
Costs of Shipping - a fixed amount related to the costs incurred by Maudde to send the Product to the Buyer and which is not included in the Price and is only added to the amount payable by the Buyer at the time of checkout.
Transaction - a transaction for the sale of a Product by a Seller for the benefit of a Buyer made through the Site under conditions precedent to the receipt of the Product sent by the Seller to Maudde and to the confirmation of conformity of the Product with the description contained in the Product Information.
User – adult individual holding legal ability; company registered and identified on the Site; or any visitor to the Site.
Maudde - Trademark Verbena Luxury, Lda., Established in Portugal and under Portuguese legislation, with NIPC 515085944, head office at Rua 3 Matinha, Edifício Altejo 508 1950-326, authorized by Seller for the purpose of the conclusion of the Transaction relating to a Product, and owner of all rights related to the Site.
Website - Website accessible at the following address: http://www.maudde.com
Sellers Form - Form designed by Maudde where the Seller places all the Information that describes the Product and from which, after Maudde's validation, the Product Information is placed on the Site.
1. PURPOSE OF THE TERMS AND GENERAL CONDITIONS PRODUCT SALE NORMAL SERVICE
The company Verbena Luxury, Lda., Here designated only as "Maudde" with the NIPC 515085944, with its registered office at Rua 3 Matinha, Edifício Altejo 508 1950-326 Lisbon, offers its members services that allow them to sell and buy second hand top-of-the-range, premium and luxury goods. These services are available directly on the Website www.maudde.com (hereinafter referred to as the "Site").
The purpose of these General Terms and Conditions for Sale "NORMAL SERVICE" is to define the terms and conditions under which Maudde allows its members to sell Products on the Site.
The General Terms and Conditions for Sale - Normal Service apply, along with the General Terms and Conditions, to all Users selling on the site through this service.
The General Terms and Conditions for all Users not modified here remain fully applicable.
2. USING THE SITE
2.1. To be a seller
In order to access the Seller resources, Site Users must fill out the Form available on page https://www.maudde.com/pages/sell-an-item.
Users must be 18 years or older and have full legal capacity to make a sale.
Only the User who fill this Form may initiate a sale on the Site via Normal Service.
2.2. Private Sellers Form - Seller Information
Once the Form is completed Maudde will send an email to the User and at that time he must provide certain types of mandatory information without which the profile information may not be created, in particular:
- Mailing Address
- Bank or Paypal data
- Name associated with the bank account provided for transfer of the value relative to the sale of the Product
These are mandatory data in order to place Product (s) for sale on the Site.
3. SALE OF PRODUCTS
Within the scope of services provided by Maudde, Seller agrees to appoint Maudde as agent to do the following:
- publish the Product information on the Site, which constitutes a listing with all content entered by the Seller on the "Sellers Form" and, where appropriate, provide modifications to the Product's photographs, always in a way not to alter the silhouette or colors of the Product.
- accept, on behalf of the Seller, the Buyer's Request;
- receive, on behalf of Seller, the amounts paid by Buyer;
- create in the internal registers of Maudde an account on behalf of the Vendor where the Product Price and the Selling Fee are established;
- receive and transfer the aforementioned amounts to Seller after deduction of the Commission and any other deductions applicable to the sums as described in section 3.6.3 below "Seller Payment of Product (s) sold through the Site".
3.2. Create Product Information
3.2.1. Product description
Product information must be provided preferably in English for each Product that the User wishes to list for sale.
Seller shall describe in detail the Product as requested on the Individual Vendor Form.
The minimum price for each Product to be listed through Maudde is 25 euros.
The Product information mentioned on the Sellers Form including, but not limited to, the condition of the Product, must faithfully correspond to the reality.
Products listed for sale must be available for purchase by Buyers as long as the Product information remains on the Site. A listed Product may, however, be temporarily or permanently removed from the Site at any time if Seller requests it by email and if the Product in question has not been purchased by a Buyer in the meantime.
3.2.2. Process for Creating Product Information
- a) To facilitate the creation of the Product Information, the Sellers has the possibility to use the information stored in the Maudde databases that can be indexed to the Product with precision (by type of Product, Brand, etc.). If the exact details of the Product do not appear on the stored information, Seller must carefully follow all steps necessary to accurately index the Product and create accurate Product information indicating, among other things, the Product description, characteristics and conditions of use.
- b) Seller undertakes to describe the Product in a complete, accurate and faithful manner with respect to its characteristics and, if necessary, if there is deterioration or wear and tear, or any other attribute of the Product that a Buyer reasonably desires to know when to purchase said Product.
If the Seller does not submit photographs of the Product, Maudde will not place the Product for sale. Seller agrees to send only true, fair and unmodified photographs of the Product and warrants that it has all rights associated with it.
Maudde reserves the right not to accept any photographs that it considers to be insufficient in quality or inadequate to present the Product properly.
- c) Upon the resubmission of the Maudde Sellers Form, already completed by Seller with the description of the Product and acceptance of the General Terms and Conditions for Sale - Normal Service, the Product Information is submitted to Maudde's analysis for approval, as described below.
When Users submit their Products for publication on the Site, they must provide sufficient information so that Maudde can contact them easily.
3.2.3. Obligations of Sellers in relation to Products listed for sale
Users agree to sell only Products of which they are the sole owner or, in the case of merchants of second-hand goods or stores, on behalf of persons who are the sole owners of the Product (s). Users should ensure that they are not infringing any laws, regulations or rights of any third party in any way by submitting the Product and its information through the Maudde Site.
Users warrant: (i) that the origin, condition and specification of the Product(s) listed on the Site are as described in the Product Information and (ii) that the Product(s) listed for sale are not counterfeit.
Upon any request by Maudde, Users must provide all documents that may prove their ownership and / or origin of the Product (s) they list for sale.
Maudde reserves the right to remove User profile information and / or Product Information if, for any Product listed on Maudde, a User has not provided valid proof of ownership and / or origin.
Seller shall not be entitled to claim compensation for any information or Product withdrawn by Maudde for these reasons.
Users will be held liable if they list for sale any Product prohibited from sale and / or that violates applicable laws or regulations, or rights of third parties. Consequently, Sellers agree not to sell prototypes (clothing or accessories manufactured prior to being released for mass production) or any other Products not authorized for resale.
If any of these Products are listed on Maudde's Website, Maudde is authorized to remove the Product and the associated information and Seller will not be entitled to claim any compensation for it.
3.2.4. Sellers' obligation to monitor the contacts they provide to Maudde
After the Products have been posted on the Site, Sellers should be aware of the forms of contact they have provided to Maudde. If, for any reason, they cannot monitor their contacts for more than five (5) business days, they must inform Maudde in advance so that the information on the Product on the Site may refer to this absence. When Seller is able to re-monitor your contacts, he can resume the normal sale.
If Maudde attempts to contact Seller for more than five (5) business days without obtaining a response and thereby delaying the shipment of a Product to the Buyer, Seller is bound to indemnify Maudde at 10% of the value which is due to the Seller for the sale of the Product for each day of delay from five (5) days until the value Product is reached, in which case Maudde is exempt from delivering the value due to the Seller for the purchase of the Product.
3.3. Approval and publication of Product Information
3.3.1. Process for approval of Product Information, Prices and Commission
To ensure the consistency of the Product (s) listed for sale on the Site, Maudde reserves the right to accept or reject the Product information provided by a Seller before publishing it. If Product information is accepted, Maudde will send the Seller an email about the Selling Price and Commission value that will be included in the Price if the Seller agrees to list the Product for sale on the Site under those conditions.
The services offered by Maudde are remunerated by means of a commission which is deducted by Maudde from the Price paid by the Buyer for the Product.
Maudde calculates the Commission on a Fixed Fee scale that applies only to Sellers covered by the General Terms and Conditions for Sale - Normal Service.
The commission received by Maudde corresponds to an amount paid by the Buyer for each transaction and in exchange for services between the Seller and the Buyer relating to the organization and publication of the Product on the Site, analysis of the Product, sales and invoicing and delivery of the Product to the Buyer. Maudde acts as Sellers agent and its commission is included in the Selling Price for which the Product is listed on the Site.
The Commission received by Maudde in case of sale of a Product will be calculated according to the following fixed scale of the Commission:
17% (taxes included) for Prices over € 2500;
18% (taxes included) for Prices ranging from € 2 001 to € 2 500;
20% (taxes included) for Prices ranging from € 1 001 to € 2 000;
23% (taxes included) for Prices ranging from € 401 to € 1 000;
25% (taxes included) for Prices ranging from € 201 to € 400;
30% (taxes included) for Prices ranging from € 81 to € 200;
20 € (taxes included) for Prices ranging from € 25 and € 80
This method of calculating the Commissions will be applicable as of March 7, 2019 and will therefore apply to all Products offered for sale after that date.
The Commissions previously agreed upon by Seller and Maudde in the previous forms of calculation of the Commissions shall remain unchanged with respect to Products offered for sale prior to this date.
Please note that a new scale will not result in any refund on previously contracted transactions (if, for example, a Seller finds a difference between the amount of the Commission on the basis of the Commission's current fixed scale). On the other hand, Maudde is not authorized to request any reimbursement on that basis.
Maudde reserves the right to modify the fixed scale of the Commission at any time.
The scale applied shall be the scale in force on the date on which a Product is offered for sale.
Maudde will only be entitled to the Commission once the Product has been sold.
Maudde may suggest a change in Price to be consistent with that of other Products listed on the Site and with the expectations of the market in general. Sellers therefore agree to discuss Price in good faith with Maudde.
Throughout the entire sale process, the Price and related commission will be fully disclosed to Seller. Before a Product is listed for sale on the Site, Seller will have to confirm that he agrees to the Price and the percentage of Maudde's Commission.
Maudde will make every effort to validate and publish the Product and information within a reasonable time. In the case of an agreement be reached between Maudde and a Seller, an email must be sent to Seller allowing it to confirm its agreement to the Price before Product Information is published online.
3.3.2. Modification of Product, Price and Commission Information by Seller
Sellers may request the modification of their Product information by sending an email to email@example.com and including new photos. All modifications of the Product information and additional images are subject to approval by Maudde before being posted online.
However, Sellers will not be able to modify the Information of a Product whose Transaction is already in progress (ie after a Buyer has placed its Purchase Order for that Product) and any Price modifications will not be effective.
The Seller has the possibility to reduce the Price of a Product if Maudde also agrees and the Commission is adjusted according to the scale mentioned in clause 3.3.1 and the previous Price will appear scratched in the Product posted.
In the process of placing a Product for sale, the Sellers Price and related Maudde Commission shall be fully disclosed to Seller. Before a Product is listed for sale or there are changes to a listed Product, Seller shall confirm, on each occasion, the agreement with its Price and with the Maudde Commission.
3.4. Direct purchase option of the Product by Maudde
Exceptionally, after the Product Information has been reviewed by Maudde, Maudde may offer to purchase the Sellers Product directly. For this, an offer will be made directly via email and once the terms of sale are approved by both parties, Maudde will send the Seller a purchase order for the Seller to sign. After signing the purchase order, a binding contract for the sale of the Product is formed between Maudde and Seller, and Seller must then ship the Product to Maudde in accordance with Section 3.6.2. In this case, Maudde becomes the owner of the Product and may dispose of it freely.
3.5. Product Compliance Verification
If, at the time of verification, Maudde realizes that the Product does not match or does not conform to the Product Information provided by Seller (specifically as regards the condition of the Product), Maudde undertakes (i) to negotiate Seller and Buyer to obtain a reduction in Price or (ii) to cancel the order and Seller to reimburse Buyer.
In the event that the order is canceled and if the Seller wishes to have the Product returned, Maudde will bill the Seller a fixed amount of € 28, with all taxes included, for handling costs (product analysis costs, analysis the placement of the Product on the Site, sending the Product to the Seller).
In the event that Maudde is unable to return the Product to the Seller, specifically when Maudde is unable to contact the Seller by email or telephone, Maudde will become the owner of the Product (s) that have not been claimed within a period of two (2) months from the return of the Product (s) to Maudde. These Products shall, when necessary, be destroyed or sent to a charity if their condition so permits.
3.6. Selling Products and Payments to Sellers
3.6.1. Process of selling and sending Products to Maudde
A Seller whose Product is ordered by a Buyer will receive a notice by email or telephone stating that the Product must be shipped to Maudde's premises for Maudde to verify that it conforms to the Sellers description on the Private Sellers Form.
Seller shall endeavor to ship the Product within 2 (two) business days of confirmation of the sale and in any event must ship the Product no later than 5 (five) business days after the date of such confirmation. No other item must be shipped in addition to the Product sold through the Site.
3.6.2 Sending Product to Maudde
Maudde is not liable to Seller for any damage or loss of Products during Sellers shipment to Maudde's premises. Maudde will only be responsible for any loss or damage of Products from the moment of physical possession of the Product (s) sent. Any damage or loss of the Product when sent by Seller to Maudde after the sale on the Site shall be the sole responsibility of the Seller or the Carrier that the Seller has contracted to do the service and Maudde shall not be liable. To ensure the best security for Products during shipment to Maudde, Sellers may, at their discretion and cost, purchase insurance against loss or damage to the Product.
In the event that any product is lost or damaged while in the possession of Maudde, Maudde reimburses Seller for the Net Price which it would have owed if the Product had been sold, ie the Price paid by the Purchaser deducted from i) Maudde Commission , ii) Shipping Costs and iii) any outstanding amounts that may be due to Maudde related to article 3.6.3 of this document.
If Maudde does not receive the Product within 15 (fifteen) days after confirmation of the sale of the Product, Maudde reserves the right to cancel the sale of the Product in question and inform the Purchaser accordingly.
The Seller undertakes to send the Products completely clean to Maudde (ie Products should be washed and starched if necessary). Otherwise, Maudde may charge Seller the costs of cleaning and ironing and may deduct such costs from any sums owed to Seller by Maudde.
When Seller is shipping more than one Product to Maudde at the same time, it will endeavor to ship all Products in a single installment.
To obtain payment, Sellers must provide their bank details or PayPal data through the Individual Vendor Form so that Maudde can make a transfer to the Sellers bank or PayPal account. The name and surname must correspond to those provided on the Form for transfers to be authorized.
Please check the PayPal general terms and conditions for your country.
3.6.3. Payment due to Seller of Products sold through the Site
The amounts received from Buyer, of which the following amounts shall be deducted: (i) the Commission owed to Maudde; (ii) Shipping Costs, and (iii) any outstanding amounts that may be due to Maudde, for example cleaning and ironing expenses, will be fully refunded to Seller by Maudde upon confirmation of Product's compliance with the Product information made available on the Private Sellers Form.
However, after sending the Product to the Buyer, Seller must reimburse the amounts received to Maudde in cases where:
(i) the Product is counterfeit, has been banned from sale, in violation of the Sellers Code and / or obligations under section 3.8 "Publishing Counterfeit or Banned Products on the Site".
(ii) the Buyer exercises its rights to cancel the contract during the period of 14 (fourteen) days incurred as stipulated by law.
If Maudde has not yet paid Seller any amount in connection with a Transaction, and a Buyer returns the Product, Seller will not be entitled to any payment from Maudde.
Sellers expressly waive their right to claim any amounts (whether interest or other amounts) that may result from the temporary immobilization of amounts received by Maudde through a transaction.
If a Seller wishes to be paid by bank transfer, the transfers are made to the account bank designated by the Seller. Transfers are made by Maudde 1 (one) time per month on the 20 (twenty) day of each month, and the date of such transfers depends on the date of shipment of the Product to the Buyer.
If payment by bank transfer to Sellers bank account is allowed, bank charges may apply, specifically for accounts in countries other than Portugal. The terms and conditions applicable to these transactions should be consulted at the bank holding the account concerned. Transfer payments cannot be credited to the bank or PayPal account immediately as a result of an approximate processing period of up to 5 (five) business days between the banks involved in the transfer after the sale of the Product is deemed to be confirmed.
If a Seller does not pay the amounts due to Maudde, Maudde may upon its own initiative and after written notice to Seller that it will do so (i) compensate any amounts owed for any amounts it may have to reimburse the User and / or (ii) retain the Products purchased or sold by Seller until the payment in full of the amounts due, and / or (iii) allocate the amounts received for a new transaction to any outstanding amount; the Seller will then be responsible for the payment of the extra value to be able to buy the new Product that wants to acquire.
3.7. Sale of Products imported into the EEA
Maudde reserves the right not to accept Products from Sellers outside the European Economic Area.
3.8. Post of counterfeit or banned Products on the Site
Maudde examines Products prior to shipping to Buyer and uses its best efforts to combat counterfeiting or the sale of Prohibited Products (for example, under applicable laws or regulations, or third party rights; or Products that are not authorized to resale). However, if, however, a Buyer receives a Counterfeit Product or a Product that has been banned from sale, Buyer may return the Product to Maudde at any time and receive a refund.
All Sellers (professional and non-professional) undertake that the Products they sell are not counterfeit or prohibited for sale.
If any Counterfeit or Prohibited Product is discovered, it will be immediately withdrawn and Sellers will not be able to sell Product (s) on the Maudde Site for 6 (six) months.
In addition, if a Counterfeit or banned Product is posted on the Site, the Seller of such Product will assume the risk of such Product being seized by the competent authorities or by the owner of the trademark in question, who reserves the right to retain or destroy it . Seller must then be personally responsible for recovering the Product at its own risk.
If, however, a Counterfeit or Prohibited Product is listed for sale or seized by the competent authorities or the relevant owners / brands of the intellectual property rights in possession of the rights after the sale, the transaction will be canceled. In such case, Sellers shall reimburse Maudde for any sums that the Sellers have received through the sale of such Products and shall also compensate Maudde and / or Buyer for any costs incurred arising out of the Sellers activity and withdraw Maudde from any judicial proceeding concerning the Products in question.
In case of doubt as to the authenticity of a Product, Maudde reserves the right to ask Seller for any documentation proving the authenticity of said Product and to suspend Sellers account pending receipt of such documents.
3.9. Specific additional terms that apply when the Seller is a Professional seller
A professional seller is obliged to indicate his professional status to Maudde in order to properly perform his obligations relating to the sale of Products to consumers and to make all necessary declarations to the relevant authorities in order to comply with applicable laws and regulations relates to their obligation to record their activities).