Seller Terms

Seller Terms

Boutique del Gioiello srl ('BDG') provides a platform where you can sell special objects to Buyers worldwide. It’s very important to us that our Online Marketplace is reliable and safe for both Buyers and Sellers. We want to take this opportunity to explain the most important rules for selling on BDG (the ‘Seller Terms’), which form an integral part of our Terms of Use. 
The availability of our Services is restricted to certain countries:

- Canada
- European Union
- Israel
- United States

These Seller Terms also outline your rights and obligations under the Contract of Sale you enter into with Buyers of your Products. You can find the obligations of Buyers under the Contract of Sale in the Buyer Terms.

For more information about the capitalised terms we use in this document, consult our Terms of Use. You can download and print this document.

Article 1: Registering as a Seller

It’s great that you’re interested in selling Products with us! Before using our Online Marketplace, make sure you are aware of the following: 
- You’ll need to create a Seller Account. When registering as a Seller, you are obliged to truthfully state whether you are registering as a private individual or in a professional capacity. If you use our Online Marketplace to sell Products in connection with your trade, business, craft, or professional activity (as a ‘Professional Seller’), a ‘Pro’ icon will appear next to your username on the Products you offer.

- We may ask you to identify yourself. To sell on our Online Marketplace, we may ask you to provide additional identification information. For instance, you may be asked to provide a copy of your ID, your bank account number, date of birth and, if applicable, Chamber of Commerce and VAT identification number, in line with our Privacy Policy. Our Payment Service Provider may also need this information before you are able to sell or receive payments.

- Selling professionally. If you are using our Online Marketplace as a Professional Seller, you are obliged to comply with all applicable tax laws and regulations, register in the correct capacity, and provide all required information when registering. 

* We expect you to fulfil your VAT obligations. To be treated as a Professional Seller for VAT purposes, you are obliged to provide us with a valid VAT identification number. If you are based outside the EU and you don’t have a VAT identification number, you must provide alternative proof, to the satisfaction of BDG, that you’re using our Online Marketplace in a professional capacity (e.g. to carry out a trade, business, craft, or other professional activity). You acknowledge that you will be designated as a Professional Seller for all use through that Account.

* We expect you to comply with the EU right of withdrawal. If you use our Online Marketplace in a professional capacity, you acknowledge and accept that in certain cases, Buyers in the European Economic Area (EEA) may be entitled to a 14-day ‘right of withdrawal’. You will fully cooperate with us in this process. Please read our Right of Withdrawal Policy for more information.

If you aren’t registered as a Professional Seller but we have reasonable cause to believe you are using our Online Marketplace in a professional capacity, we are entitled to consider you a Professional Seller for all future sales by the relevant Account. This means you will have to adhere to the EU right of withdrawal. 

Article 2: Offering up Products for sale

Once you’re registered as a Seller, you can offer up Products for sale. Make sure you’re aware of the following:
- We will determine the suitability of your Product. We will decide which Products are suitable to be sold on our Online Marketplace. We make this decision based on Product characteristics, such as the attractiveness, rareness, possible selling price of, and expected demand for the Product in question. We may refuse Products without stating why. Please review our Submission Guidelines to check the kinds of Products we do and do not accept.

- We require a clear and comprehensive description of your Product.When you offer up a Product, you must clearly and comprehensively provide information about the Product. This information must include, but is not limited to, the following materials and information:

1. A correct, complete, and accurate description of the Product.
2. Information about the condition and classification of the Product, including whether or not it falls under margin scheme goods in the context of the applicable VAT legislation.
3. One or more clear photographs that accurately represent the current state (including any defects or deficiencies), features, and other particulars of the Product.
4. The Reserve Price, if applicable (the option to set a Reserve Price will depend on the value of the Product).
5. An indication of the actual shipping costs (if applicable).
6. Any other conditions related to the offer.

- You are responsible for a correct Product description. This also applies if we propose changes or make changes to and/or supplement the description of the Product. We will give you the opportunity to review the description before the Online Auction starts. You will use this opportunity to check the Product description and you therefore guarantee that the final description describes the Product accurately.

- You guarantee that you are entitled and authorised to sell the Product. By offering and selling a Product, you guarantee that you aren’t (i) violating any law or regulation, (ii) infringing on any rights of third parties, including rights from agreement and Intellectual Property Rights, (iii) acting in a way that’s fraudulent in general, or (iv) acting in a way that’s unlawful and/or fraudulent towards third parties or BDG. You also guarantee that the offering and selling of the Product is a genuine and authentic transaction. More specifically, you guarantee that you are not offering the Product as part of a fake transaction, enabling the Buyer, yourself, and/or third parties to transfer an amount and launder the money involved.

- Ranking of Products. Our experts determine the ranking of the Products as shown on our Online Marketplace based on their expertise and certain criteria.

- Withdrawal of Products before the auction commences. You may withdraw Products up until they are published on our Online Marketplace and are visible to other Users. After that time, you won’t be able to change the conditions attached to the offer. If we decide to remove your Product from an Online Auction, you will be fully liable for any damages resulting from this. If you decide a Product should be removed after it’s been published on the Online Auction, you will need to provide us with documents, files, or other forms of proof giving the reason it should be removed. You’ll need to provide this proof upon our first request. If we decide that the proof is sufficient, we’ll consult with bidders and may, at our own discretion, remove the Product from auction.

You can find more information about offering up Products in our Help Centre.

Article 3: Products for sale

Once we’ve accepted your Product and have put it for sale, other Users can order it. By selling on our Online Marketplace, you agree with the following rules:
- The Buyer and the Seller of a Product enter into a Contract of Sale. At the end of an Online Auction, you’ll automatically enter into a Contract of Sale with the highest bidder (the Buyer) of the Product. This won’t be the case if you have set a Reserve Price and the highest Bid is lower than the Reserve Price. 

- We don’t accept shill bidding. You aren’t allowed to bid on your own Products or the Products of someone connected to you. You are also not allowed to have someone connected to you bid on your Products. We call this shill bidding.

- Products you offer on our Online Marketplace will be exclusively offered here. You will not offer Products through other sales channels while they are in one of our Online Auctions. You will remove Products from other websites, including online platforms, and your own or others’ (web) shops if they’re in one of our auctions.

- Ranking of Products in search results. The placement and ranking of Products in search results on our Online Marketplace may vary and depends on a variety of factors, such as the Online Auction name, category name, specifics of the Product, title and subtitle of the Product, description of the Product, and (auto)translations of any of the search parameters.

In our Help Centre, you’ll find the most frequently asked questions about our auctions.

Article 4: Delivery or pickup of Products

Once your Product has been sold, we’ll ask the Buyer to pay the Purchase Price, the transport costs (if any), and the Buyer’s Commission. As soon as the Buyer has paid, we’ll let you know so you can deliver the Product to the Buyer or arrange pickup.
- The Product must be shipped within three (3) business days of payment. Unless you’ve arranged that the Buyer will pick up the Product, you’ll need to carefully package it and send it within three (3) business days of receiving confirmation of payment from us. You are responsible for sending the Product to the Buyer. The specified delivery time shall never be regarded as a statutory limit.

- Your Products must be shipped with Track & Trace. We also strongly recommend using registered and/or insured shipping, as you will bear the risk of damage to and/or loss of your Products during shipping.

- Products must be shipped from the address stated in your Account. You are obliged to ship Products from the address stated in your Account. If you ship the Product from a different address, you will need to cover any costs that would not have been charged if the Product had been shipped from the address stated in your Account (such as, but not limited to, import taxes and levies).

- Shipping from unsupported countries. You can’t sell and/or ship Products from countries that aren’t on the list of supported countries. If you ship Products from unsupported countries, you are at default and you forfeit the right to receive payment.

- We ask you to liaise with the Buyer if there are shipping issues. If the Product is lost and/or damaged during shipping, and you don’t reach a solution with the Buyer, you’ll need to cooperate in an investigation by the shipping company. A running investigation does not prejudice our right to decide whether the Purchase Price will be refunded to the Buyer or paid to you.

- Excess shipping fees must be refunded to the Buyer. If the shipping costs are less than the amount indicated in the Online Auction, you’ll need to refund any excess shipping costs the Buyer has paid.

If you have any questions about delivery or pickup, have a look at our Help Centre.

Article 5: Payment of Products

You will receive the Purchase Price (with the Seller’s Commission deducted) after (i) the Buyer has paid the Purchase Price, the transport costs (if any), and the Buyer’s Commission, and (ii) you have shipped the Product or the Buyer has picked up the Product, in accordance with Article 4.
- We may withhold payment. We may suspend your payment if the Buyer has given notice of a dispute due to, for example, alleged damage to or nonconformity of the Product.

- Exchange rates may apply. We’ll set the exchange rate for each Product to what it is at the start of the Online Auction. Even if the exchange rate changes during the auction, the exchange rate we apply will be fixed at the start of the auction. You accept that you may be paid a lower (or higher) Purchase Price in your own currency than if we’d used the exchange rate applicable at the end of the Online Auction or when the Purchase price was paid. We might also round the Purchase Price off to the nearest whole currency unit before we pay you.

- We may cancel transactions if the Buyer doesn’t pay. If the Buyer doesn’t pay in accordance with their obligations under the Buyer Terms, we will send them multiple payment reminders. If, after our reminders, the Buyer still doesn’t pay, you agree and acknowledge that we may cancel the transaction in our system. Cancellation of the transaction is not the same as a dissolution of the Contract of Sale. Once we have cancelled the transaction, you can decide to either re-offer the Product or liaise directly with the Buyer to obtain your rights under the Contract of Sale.

- Payments are governed by the terms of our Payment Service Providers. Payment processing services on our Online Marketplace are provided by our Payment Service Providers, Stripe or Payoneer, depending on which country you’re in. These payment processing services are subject to the respective terms of our Payment Service Providers. For Stripe, the services are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the ‘Stripe Services Agreement’). For payments processed by Payoneer, the services are subject to the Payoneer Term & Conditions. By selling on BDG, you agree to be bound by these relevant terms, which may be modified from time to time. Receiving payment may depend on you filling in all the details required by the relevant Payment Service Providers, such as your date of birth and, if you’re a Professional Seller, a company registration number. If the payment provider blocks a payment in accordance with their applicable terms, we are entitled to cancel the transaction in our system and refund the Buyer. In those cases, we can’t be held liable or responsible for any damages related to the cancellation.
- We reserve the right not to pay you. If you have not acted in accordance with our Terms of Use (e.g. you shipped a Product from an unsupported country or you haven’t provided our Payment Service Provider with the requested identification information), we reserve the right not to pay you for the relevant Product. In these cases, you agree and acknowledge that you will forfeit any claims you might have against us for such payments.
You can find further information about our payment process in our Help Centre.

Article 6: Failure to fulfil your obligations towards the Buyer

If you fail to fulfil your obligations towards the Buyer under the Contract of Sale, you will be in default and the Buyer will be entitled to dissolve the Contract of Sale. Without being obliged to do so, we may send you a notice of default and a notice of dissolution on behalf of the Buyer.
In that case, your obligations will include compensating the Buyer’s damages, without prejudice to any other right. This includes reimbursing the Buyer for any Purchase Price you have already received from them. We will not be responsible for this reimbursement.

Article 7: Failure to fulfil your obligations towards BDG
If you fail to fulfil your obligations towards us under the Terms of Use, we may decide to cancel the transaction of the relevant Product. This cancellation is not the same as a dissolution of the Contract of Sale. However, if we cancel the transaction, we can hold you liable for any and all damages and costs we sustain and/or incur as a result. This means you will still owe us the Seller Commission. You’ll also be liable for the amount of the Buyer’s Commission that we missed out on due to the cancellation. 
Consequences of your failure to comply with our Terms of Use
To secure our own rights and those of other Users (e.g. if you breach these Terms of Use including, for the avoidance of doubt, these Seller Terms), we are entitled, at all times and at our discretion, to (i) suspend your pay-out or refund, (ii) withhold your payment, and (iii) offset any financial claim we have towards you with a financial claim you have towards us. If any of these actions is regulated by mandatory (consumer) law, we may only do so in accordance with such mandatory law.
In addition to the above, to comply with applicable law or if (i) you have breached our Terms of Use, (ii) you have repeatedly received poor ratings or we are made aware of issues with your conduct or behaviour, or (iii) we believe in good faith that they are necessary to protect our Online Marketplace, other Users, or to prevent fraud or other illegal activities, we may take the following measures:
- Temporarily or permanently limit your authorisation to sell and/or bid on Products.
- Temporarily or permanently revoke any special status associated with your Account.
- Temporarily or permanently limit your access to your Account.
- If you have not provided accurate bank, contact, or identification information upon our first request, you will be in default and we are entitled to withhold or refuse payments to you (including refunds).
- If a Buyer pays for a Product via credit card and, due to your failure to comply with your obligations under these Seller Terms, files a successful chargeback, we are allowed to (i) block your Account, (ii) set-off any claims we have towards you, (iii) block any future payments to you, and (iv) initiate legal proceedings against you.
If one or more of these measures are taken, we will inform you via email, stating the reason why this measure(s) was taken. In our Help Centre, you can find more information on the grounds on which we can restrict, suspend or terminate access to your Account.
In case we decide to permanently limit your access to your Account (i.e. terminate your Account), we shall try to inform you the reasons thereof 30 (thirty) days before we terminate your Account. This 30 (thirty) day notice period shall not apply if: 
- We are subject to a legal or regulatory obligation which requires us to terminate the whole of our Services to you.
- We exercise a right of termination under an imperative reason pursuant to European and/or national law.
- You have repeatedly infringed our Terms of Use.
The above does not in any way prevent us to initiate legal proceedings against you.
If your Account is terminated or access to your Account is suspended while you still have certain obligations towards another User under a Contract of Sale, we are entitled to cancel the open transactions and, on behalf of the Buyer, dissolve the Contract of Sale. If you have outstanding payments due to you, you’ll receive the relevant amount minus the amount of damages we incurred from your failure to act in accordance with our Terms of Use.
We are also allowed to impose a financial penalty of €1,000 (one thousand euros) for every violation of our Terms of Use, including these Seller Terms, without prejudice to our right to recover the actual damages. We try to give a warning before imposing this fine. However, for a severe infringement, we will not give notice before imposing this fine. The penalty will increase by 10% for each subsequent violation of our Terms of Use. If possible, we will set-off this penalty in accordance with our Terms of Use. 

Article 8: Internal communication
With Buyers. You can use our internal messaging system to communicate directly with Buyers. This system is a great way to arrange the delivery of a Product or answer any questions Buyers may have. Please note, we don’t allow you to use this system for the following activities:
1. Sending unsolicited advertising or promotions, requests for donations, or spam.
2. Insulting, harassing, or discriminating against other Users.
3. Making a sales agreement with a User without the mediation of BDG, with the aim of avoiding commission.
Has a Buyer provided you with feedback related to a Product you sold? Our Feedback Policy applies to any reaction you want to give. Make sure you have read it before replying.
With us (Customer Experience). If you are experiencing technical issues with our Online Marketplace or are not satisfied with our Services in any way, our experienced, international Customer Experience teams are on-hand to assist you in any way possible. We will use reasonable effort to get back to you in a timely manner upon receipt of your questions or complaints and, where possible, we will provide you with a solution.
With us (mediation). Even though we’d like to solve any issues you have with us ourselves, we want you to know that you can also submit a complaint to an authority for extrajudicial dispute resolution via mediation. We are willing to engage either the (i) Centre for Effective Dispute Resolution (CEDR) or (ii) e-POM for any disputes that we were not able to resolve via our internal complaint system (see their respective websites for more information).

Article 9: Disputes with other Users 
We expect Users to resolve any dispute between themselves. However, if necessary, we will make reasonable efforts to mediate between you and the Buyer. Therefore, you will need to report any complaints and disputes between you and the Buyer to us as quickly as possible.
Reach out to the Buyer: go to My sold Products and click on 'Order Details' to display the order page for that sale. You can then click on the ‘Send Message’ link to message the Buyer.
Reach out to BDG: contact our Customer Support department by sending us an email via our contact form. 
If you don’t reach a satisfactory solution, even with our support, you agree that we will have the final say, in accordance with Article 14 of our Terms of Use. However, despite our decision, you are free to obtain your rights under or discuss your claim related to the Contract of Sale with the Buyer directly.

Article 10: BDG audit
To ensure our Online Marketplace remains safe and secure for all Users, we may decide to audit the quality of Products. If we have reason to believe your Products don’t meet our quality standards or comply with our Submission Guidelines, we can (i) directly or indirectly purchase Products from you via our own Online Auction or (ii) visit your offline premises to inspect the Products in person. Based on such an audit, we may take appropriate measures, including cancelling the transaction, if the Product doesn’t meet our quality standards. 

Article 11: Data
In our Privacy Policy you can find which data we process, how and why we process it, and what your rights are. However, it might also be relevant for you to know which data generated by our Services is available to you as a Seller. You can find this information in your Account. In our Help Centre you’ll find the most frequently asked questions about data accessibility for Sellers.

Article 12: Changing these Seller Terms
We may amend or supplement the Seller Terms at any time. We’ll notify you of any such proposed amendment and/or supplement by email at least 15 (fifteen) days before the amended and/or supplemented Seller Terms are posted on our Online Marketplace and enter into effect.
If you continue to use our Online Marketplace after receipt of this notification, then you irrevocably accept the amended and/or supplemented Seller Terms. 
If you do not wish to accept the amended and/or supplemented Seller Terms, please inform us within 15 (fifteen) days after receipt of this notification and you are free to stop using our Online Marketplace and delete your Account.