RETURN POLICY
Our returns policy guarantee entitles you to return the product for any reason within 14 days of having received it. You have the right to open the package and check the contents but the product must be returned unused. All original packaging, price labels etc. shall be returned with the product without having been tampered with.
Shipping costs will not be refunded, unless there was a mistake in delivery caused by us. Please note that items that are on sale cannot be returned.
Please also note that all discounted products cannot be returned and/or refunded. Do you want to return your order? Please send an email to [email protected] Add your order-number/order-ID to the email and we will respond as soon as possible with instructions!
COOKIES POLICY
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know. Your privacy is very important for PLATFRM. If you have any questions or suggestions about privacy matters, please feel free to contact us via [email protected]
Strictly necessary
We use the following strictly necessary cookies:
Description of Cookie | Purpose |
We use this session cookie to remember you and maintain your session whilst you are using our website | Functional cookies are essential and help you navigate the Website. They enhance the user friendliness of the Website for visitors. These cookies also help to support website security and basic functionality. |
Analytical/performance
We use the following analytical/performance cookies:
Description of Cookie | Purpose |
We use this cookie to help us analyse how users use the website | Analytics cookies help us to understand the behaviour of our visitors and the usage of the Website in an aggregated manner. For instance, we can use these cookies to gain insight into how our visitors use our Website. This means we can find out what works and what doesn’t, it allows us to continuously improve the Website, and measure how effective our advertising and communication is. |
Functionality
We use the following functionality cookies:
Description of Cookie | Purpose |
We use this cookie to identify your computer and analyse traffic patterns on our website | we can use these cookies to gain insight into how our visitors use our Website. This means we can find out what works and what doesn’t, it allows us to continuously improve the Website, and measure how effective our advertising and communication is. Information about the device that u using to visit our website, is also important here. |
Targeting
We use the following targeting cookies:
Description of Cookie | Purpose |
We use this cookie to enable us to show you adverts while you are browsing our website and other websites on the internet | These cookies are used to deliver advertisements more relevant to you, but can also limit the number of times you see an advertisement, and be used to chart the effectiveness of an ad campaign by tracking users’ clicks. They can also provide security in transactions. They are usually placed by third-party advertising networks with a website operator’s permission, but can be placed by the operator themselves. They can remember that you have visited a website, and this information can be shared with other organisations, including other advertisers. They cannot determine who you are though, as the data collected is never linked to your profile. |
PRIVACY POLICY
This privacy policy applies between you, the User of this Website and PLATFRM, the owner and provider of this Website. PLATFRM takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found under “Buyer Terms & Conditions”.
Please read this privacy policy carefully.
Definitions and interpretation
•In this privacy policy, the following definitions are used:
Data:
Collectively all information that you submit to PLATFRM via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies:
A small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Data Protection Laws:
Any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in Europe.
GDPR:
The General Data Protection Regulation (EU) 2016/679;
PLATFRM, or us:
PLATFRM, a company incorporated in The Netherlands.
UK and EU Cookie Law:
The Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronxic Communications (EC Directive) (Amendment) Regulations 2011;
User or you:
Any third party that accesses the Website and is not either (i) employed by PLATFRM and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to PLATFRM and accessing the Website in connection with the provision of such services.
Website:
The website that you are currently using, www.platfrm.eu, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- In this privacy policy, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it;
- the headings and sub-headings do not form part of this privacy policy.
Scope of this privacy policy
- This privacy policy applies only to the actions of PLATFRM and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.
- For purposes of the applicable Data Protection Laws, PLATFRM is the “data controller”. This means that PLATFRM determines the purposes for which, and the manner in which, your Data is processed.
Data collected
- We may collect the following Data, which includes personal Data, from you:
- name;
- contact Information such as email addresses and telephone numbers;
- demographic information such as postcode, preferences and interests;
- financial information such as credit / debit card numbers;
- IP address (automatically collected);
- web browser type and version (automatically collected);
- operating system (automatically collected);
- a list of URLs starting with a referring site, your activity on this Website, and the site you exit to (automatically collected);
- in each case, in accordance with this privacy policy.
How we collect Data
- We collect Data in the following ways:
- data is given to us by you;
- data is received from other sources; and
- data is collected automatically.
Data that is given to us by you
- PLATFRM will collect your Data in a number of ways, for example:
- when you contact us through the Website, by telephone, post, e-mail or through any other means;
- when you register with us and set up an account to receive our products/services;
- when you complete surveys that we use for research purposes (although you are not obliged to respond to them);
- when you enter a competition or promotion through a social media channel;
- when you make payments to us, through this Website or otherwise;
- when you elect to receive marketing communications from us;
- when you use our services;
in each case, in accordance with this privacy policy.
Data that is received from third parties
- PLATFRM will receive Data about you from the following third parties:
- Instagram;
- Mailchimp
Data that is received from publicly available third parties sources
- We will receive Data about you from the following publicly available third party sources:
- Instagram;
- Facebook;
- Mailchimp;
Data that is collected automatically
- To the extent that you access the Website, we will collect your Data automatically, for example:
- we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
- we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.
Our use of Data
- Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:
- internal record keeping;
- improvement of our products / services;
- transmission by email of marketing materials that may be of interest to you;
- contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website;
- personal ads;
in each case, in accordance with this privacy policy.
- We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
- For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:
- soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
- for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we’ll provide.
- if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
- When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- We may use your Data to show you PLATFRM adverts and other content on other websites. If you do not want us to use your data to show you PLATFRM adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).
Who we share Data with
- We may share your Data with the following groups of people for the following reasons:
- any of our group companies or affiliates – to ensure proper delivery of your ordered goods;
- third party payment providers who process payments made over the Website – to enable third party payment providers to process user payments and refunds;
- relevant authorities – to facilitate the detection of crime or the collection of taxes or duties;
in each case, in accordance with this privacy policy.
Keeping Data secure
- We will use technical and organisational measures to safeguard your Data, for example:
- access to your account is controlled by a password and a user name that is unique to you.
- we store your Data on secure servers.
- payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology.
- Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us via this e-mail address: [email protected]
- If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
Data retention
- Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
- Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Your rights
- You have the following rights in relation to your Data:
- Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
- Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
- Right to erase – the right to request that we delete or remove your Data from our systems.
- Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
- Right to data portability – the right to request that we move, copy or transfer your Data.
- Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
- To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: [email protected]
- If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
- It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers outside the European Economic Area
- Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We also share information with our group companies, some of which are located outside the EEA.
- We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
- To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other websites
- This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
Changes of business ownership and control
- PLATFRM may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of PLATFRM data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
- We may also disclose Data to a prospective purchaser of our business or any part of it.
- In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Cookies
- This Website may place and access certain Cookies on your computer. PLATFRM uses Cookies to improve your experience of using the Website and to improve our range of products. PLATFRM has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
- All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
- Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling PLATFRM to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
- You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
- You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalization settings.
- It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
- For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
General
- You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
- If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement will be governed by and interpreted according to the law of The Netherlands. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the Dutch courts.
Changes to this privacy policy
- PLATFRM reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.You may contact PLATFRM by email at [email protected]
Cookies
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
Strictly necessary
We use the following strictly necessary cookies:
Description of Cookie – Strictly necessary | Purpose |
We use this session cookie to remember you and maintain your session whilst you are using our website | Functional cookies are essential and help you navigate the Website. They enhance the user friendliness of the Website for visitors. These cookies also help to support website security and basic functionality. |
Description of Cookie – Analytical/performance | Purpose |
We use this cookie to help us analyse how users use the website
| Analytics cookies help us to understand the behaviour of our visitors and the usage of the Website in an aggregated manner. For instance, we can use these cookies to gain insight into how our visitors use our Website. This means we can find out what works and what doesn’t, it allows us to continuously improve the Website, and measure how effective our advertising and communication is. |
Description of Cookie – Functionality | Purpose |
We use this cookie to identify your computer and analyse traffic patterns on our website | we can use these cookies to gain insight into how our visitors use our Website. This means we can find out what works and what doesn’t, it allows us to continuously improve the Website, and measure how effective our advertising and communication is. Information about the device that u using to visit our website, is also important here. |
Description of Cookie – Targeting | Purpose |
We use this cookie to enable us to show you adverts while you are browsing our website and other websites on the internet | These cookies are used to deliver advertisements more relevant to you, but can also limit the number of times you see an advertisement, and be used to chart the effectiveness of an ad campaign by tracking users’ clicks. They can also provide security in transactions. They are usually placed by third-party advertising networks with a website operator’s permission, but can be placed by the operator themselves. They can remember that you have visited a website, and this information can be shared with other organisations, including other advertisers. They cannot determine who you are though, as the data collected is never linked to your profile. |
BUYER TERMS & CONDITIONS
PLEASE READ THESE TERMS (THE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES AVAILABLE THROUGH THIS WEBSITE (THE “SERVICE”). By using or downloading information from this website, you represent that you have read and understand these Terms and agree to be bound by them. If you do not agree with these Terms, in whole or in part, please do not continue to use this website since your continued use (including, but not limited to, placing an offer on a product) constitutes acceptance of these Terms.
SECTION 1 – PLATFRM AS AN ONLINE MARKETPLACE
When you purchase products using the Website, you are purchasing them from third party retailers (hereinafter referred to as “brand or “brands”), named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant brands. We are authorized by the relevant brands to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the brands and the contract between you and the brands in relation to your purchase of the products are set out below.
SECTION 2 – CHANGES TO ONLINE STORE
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 3 – ACCURACY
We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a product due to errors including, but not limited to, errors in pricing.
SECTION 4 – PRODUCT SPECIFICATIONS
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – ORDERS
By completing the checkout process and placing an order, you are offering to purchase the products from the relevant brands (and not directly from us). Your order for the products is subject to these Terms which are incorporated into the contract between you and the relevant brand. All orders are subject to availability and confirmation of the order price.
By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card, bank account or other payment method used to place your order and that there are sufficient funds in the account to cover the cost of your order.
(a) Formation of the contract between you and the Brand(s)
The identity of the brand is shown on the product page of the relevant products, in your cart when the products are added and on the order confirmation page when you place an order.
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the brand. The contract between you and the brand in relation to the products will not be formed until we have checked that the brand accepts your order. If the brand accepts your order, we will send you an email confirming this, which will also include details of shipping and details for tracking your shipment. The confirmation email sent by us on behalf of the brand concludes the contract with you. The confirmation email will include a description of the products included in the order and certain other information about your rights to cancel the contract between you and the brand. Only those products listed in the confirmation email are included in the contract between you and the brand.
(b) Pricing and availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the brand, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the brand, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered and your delivery address. Please see the “Shipping and Returns” page for further details. The delivery costs applicable to your order will be clearly displayed on the Website before you place your order (and are included in the “Total Cost” amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a brand outside of your territory, you may need to pay import duties upon receipt of the products. If they are not included, neither we nor the brand have any control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information before placing your order.
(c) Payment
Once we have verified your payment details and the brand has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we experience a problem or problems processing your order, we will contact you directly.
We reserve the right not to submit your order to the brands, and the brands reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
- d) Delivery
The estimated delivery date of the products will be stated in your order confirmation. We try to ensure that your order is delivered by this date but there may be circumstances where delivery is delayed because of events beyond our reasonable control. We will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. The products will be delivered to you directly by the Brands so your order may be delivered in multiple deliveries.
SECTION 6 – CANCELLATION
If you are qualified as a Consumer (as defined below), you shall be entitled to cancel an order without giving reason 14 days from the day that you, or a third party indicated by you, received the Products.
For the sake of clarity, this right of cancellation:
- only applies to consumers (any natural person acting outside a trade or profession) (a “Consumer”) and therefore does not apply to any person acting in the exercise of their trade or profession; and
- does not apply to Products made to your specifications or clearly customized to your personal needs.
You shall be obliged to inform us of your decision to cancel by email to [email protected] within this 14 day period.
We will reimburse all payments received from you for the Products purchased without undue delay and you will incur no fee as a result of such reimbursement. We may withhold reimbursement until we have received the Products back.
You shall be obliged to send back the Products to the Seller following the instructions given without undue delay and in any case by no later than 14 days from the day on which you communicated to us the cancellation of the order.
You will bear the costs of returning the Products.
You may lose the right of cancellation if the value of the Products returned diminishes due to the handling of the Products.
SECTION 7 – NON-CONFORMITY
If a Product shows a defect or does not have the characteristics which you were entitled to expect (a “Non-conformity”) after delivery, you shall (by email to [email protected]) notify us promptly.
We shall, if the Product shows a defect or in case of Non-conformity, at our discretion, make an effort to:
- provide missing Products (if any);
- repair Products (if possible and reasonable);
- replace Products; or
- (partially) reimburse the costs.
In any case of a defect, Non-conformity or any other breach of the agreement, our liability shall be limited to the aggregate amount of the order.
We shall not be held liable for the Non-conformity or defects of Products that are customized to your specifications or Products that are clearly customized to your personal needs if the defect or Non-conformity is a result of your design or preferred customization.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PLATFRM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless PLATFRM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 17 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
SECTION 18 – JURISDICTION
Any disputes which may arise out of or in connection with these Terms and which cannot be settled amicably, shall be brought before the competent court in Amsterdam, the Netherlands, which shall have non-exclusive jurisdiction in connection with such dispute. This means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in Amsterdam or in the EU country in which you live.
SECTION 19 – CONTACT INFORMATION
If you have any further questions regarding any of these Terms, please contact us at [email protected].
PLATFRM Partner Terms & Conditions
INTRODUCTION
The Partner Terms & Conditions set out the terms and conditions on which PLATFRM (“PLATFRM”, “us”, or “we”) will provide you (on behalf of yourself and the business you represent, along with your agents and affiliates, collectively, “Partner” or “you”) with access to certain features and functionalities on platfrm.eu (“Site”), to market and sell boutique goods such as apparel, shoes, handbags, accessories, and home items (“Service”) to customers (“Customers”). These terms and conditions also set out the provided brand counseling by PLATFRM to you, the access to the PLATFRM specialists (“Specialists”) and the professional advertising of your products through PLATFRM’s channels.
These Terms & Conditions describe the rights of any party within the paid PLATFRM subscription. Failure to pay the monthly fee also directly deprives you from any rights as laid out in these Terms & Conditions. By making a monthly payment to PLATFRM you accept the Terms & Conditions as set out below. If you do not agree to these Terms & Conditions you should not engage in a payment of any kind.
- INTERPRETATION
The following definitions apply to this Agreement:
- “Agreement” means these Partner Terms, the Commission Terms, the End User Terms, the Privacy and Cookies Policy, and any instructions, guidance and similar information found on the Site (from time to time).
- “Business Day” means any day on which the clearing banks in the City of Amsterdam are open for business.
- “Customer” means a person who purchases or places an Order for a Product on PLATFRM.
- “Cancellation Policy” means our cancellation policy as included in our Terms and Conditions (latest version to be found at platfrm.eu)
- “Commission Terms” means any agreement on commissions between you and us.
- “End User Terms” means any terms and conditions applicable between a Customer and us.
- “PLATFRM”, “platfrm.eu”, “we”, “us” or “our” means PLATFRM.
- “Product” means any goods that a Partner makes available on the Site.
- “IPRs” means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- “Specialist” means any person that is associated with PLATFRM and that provides their specialist services to a brand.
- “Order” means an order made for a Product by a Customer via the Site.
- “Catalogue” means details of the Products available from a Partner and how they are priced, their expected shipping times, their geographical source(s), images, and stock levels.
- “Partner”, “Brand”, “you” or “your” means the person or company who receives these terms and conditions because he/she/it engages in a partnership with PLATFRM.
- “Partner Terms” means these terms of use.
- “User” means any person who uses the Site, including Customers and Partners.
- “User Content” means content made available through the Site by Users.
- “Your Content” means any content, or other materials or information, which you submit, to the Site.
- REGISTRATION
2.1. You may only register as a Partner if you:
- Comply with all relevant laws, Including all relevant consumer protection, privacy, health and safety legislation applicable to the sale of Products;
- Comply with our Partner Terms & Conditions as set out on PLATFRM which may be changed from time to time as PLATFRM may find appropriate. Partners will be notified of any major changes beforehand.
- Provide us with your Chamber of Commerce number.
- Provide us with your VAT registration number.
- Complete our onboarding procedures from time to time which may include providing us with samples of your Products for our consideration;
- have in place adequate insurance.
2.2. To register as a Partner, you may need to share company information.
2.3. You should ensure that all information about you that is held by us is true, complete and up to date. You should inform us in writing as soon as possible if information we hold about you is untrue, incomplete or up to date.
2.4. We may from time to time request additional information and documentation from you in order to verify your identity.
- RESTRICTIONS AND OBLIGATIONS
3.1. You agree to comply with all applicable laws and regulations and these Partner Terms & Conditions.
3.2. You agree not to:
- Sell or offer for sale any second-hand Products through the Site unless we have expressly agreed that you may do so in writing in advance;
- Impersonate any other person or entity;
- Falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
- Falsely describe your affiliation with another person or entity;
- Use or attempt to use another’s account;
- Solicit personal information (including passwords and banking information) from another person;
- Use the Site to find or contact a Customer and then contract with that Customer other than through the Site to offer or sell Products, for the purpose of avoiding payment of the commission we collect.
- Use PLATFRM to find or contact a Specialist and then contact and contract with that Specialist other than through PLATFRM
- WARRANTIES
You warrant and undertake that:
4.1. you will provide all information we reasonably require to:
- identify you and your legal and beneficial owners (as applicable);
- identify the specific nature of any Products you are offering;
- conduct due diligence about you and your Products, including regarding your corporate governance and financial standing (if applicable), ethical, environmental, labour and other standards; and
- prevent fraud and money laundering.
- be compliant with any government rules or regulations.
4.2. The information you provide under clause 4.1 will be true, accurate and not misleading and will be kept up to date for the term of this Agreement;
4.3. you will not:
- Falsely describe or otherwise misrepresent yourself or your Products or your adherence to sustainable practices
- Use or attempt to use another’s account; or
- Solicit personal information (including passwords and banking information) from another person;
4.4. in producing, distributing, and marketing the Products you will exercise reasonable care, skill and diligence;
4.5. all Products will:
- Correspond with their descriptions;
- Be of satisfactory quality;
- Be accurately priced on the Site and you accept that we shall not be liable to you in the event that you are not paid the correct amount due in respect of a Product being incorrectly priced;
- Comply with all relevant product, privacy, health and safety and other legislation;
- Be of satisfactory quality and fit for any specified or implied purpose;
4.6. You own all rights including all IPRs in Your Content (including your associated branding materials) used to market and distribute the Products;
4.7. You have and will maintain all the licences and authorisations necessary to comply with your obligations under this Agreement or otherwise relating to the Products.
- DATA PROTECTION
5.1. In this Agreement, the terms “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Process” and “Processing” have the meanings given to them in the General Data Protection Regulation (EU) 2016/679 (the “GDPR”).
5.2. Each party will comply with its respective obligations under the GDPR and any data protection, privacy or similar laws that apply regarding any personal data processed in connection with this Agreement. Each party will provide such help and co-operation to the other party as is reasonably necessary or requested by the other party to enable the other party’s compliance with this clause.
5.3. To the extent that you are a Data Controller and we are a Data Processor, you will ensure that you hold the necessary consents of Data Subjects to:
- any Processing is undertaken or to be undertaken by us, or on our behalf, under this Agreement;
- our transfer of Personal Data outside of the EEA.
5.4. Subject to clause 10.3, to the extent that a party is a Data Controller and the other party is a Data Processor, the party acting as Data Processor will:
- Process Personal Data only in accordance with the Data Controller’s instructions;
- As soon as practicable, notify the Data Controller of any notice it receives regarding the processing of Personal Data;
- Not transfer the Personal Data outside the EEA without the Data Controller’s prior written consent;
- As soon as practicable after becoming aware, inform the Data Controller if any Personal Data is lost, damaged or unlawfully processed;
- Notify the Data Controller within 5 days of receipt of a request from a Data Subject for access its Personal Data; and
- Take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data.
5.5. You will not do or omit to do any act, which may cause us to be in breach of any of our obligations under the GDPR.
- LIABILITY
6.1. We provide and maintain the Site on an “as is” and “as available” basis and we are liable only to provide our services with reasonable skill and care.
6.2. We give no other warranty in connection with the Site and we disclaim all liability for:
- the accuracy, currency or validity of information and material contained within the Site including in the description of any Products;
- the acts or omissions of any User including the withdrawal of an Order, the failure of any User to make proper payment;
- the nature of any review or rating which a User may give in respect of your Products or business and any loss or damage to your reputation which may occur as a result;
- any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
- any interruptions to or error of the Site or other communications network;
- the infringement by any other person of any copyright or other IPRs of any third party through any User Content or use of the Site;
- the availability, quality, content or nature of external sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Site or any User Content; and
- all representations, warranties, conditions and other terms and conditions which, but for this notice, would have an effect.
6.3. We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond our reasonable control.
6.4. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
6.5. To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.
6.6. To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Site (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the lower of a) the fees paid to us in respect of Orders which you have accepted in the 12 months immediately prior to the date upon which the cause of action arose or b) the amount received from our insurer pursuant to our liability insurance.
6.7. You agree not to use the Site in any way which:
- is unlawful;
- may give rise to civil or criminal liability for PLATFRM; or
- may bring PLATFRM into disrepute.
- may be beneficial to you but detrimental to PLATFRM
6.8. You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim or allegation arising out of:
- any liability of costs incurred due to non-conformity of Products which result in a claim of a Customer on us;
- your infringement of any IPRs of any third party;
- any fraud or fraudulent misrepresentation you commit;
- any inaccuracy or defect in any of the information you have provided to us or any of your descriptions of your Products;
- any breach of applicable law or regulation you commit;
- any breach by you of this Agreement;
- your negligent performance or failure or delay in performance of any obligations owed by you to any Customer; and
- your use of the Site, any of Your Content or any use of your Account (whether or not such use was by you).
- You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
- TERMINATION
7.1. This Agreement will have effect immediately and will run until terminated by either party.
7.2. Either party may terminate this Agreement at any moment, but only after 3 months have passed since the start of the agreement. The other party must be informed of the cancelation by written notice (including by email) before the 1st of the month and there is a termination period of 1 full month.
7.3. We will try to give you reasonable notice of any anticipated termination of the Site.
7.4. Termination will not affect the accrued rights and remedies of either party or your obligations to a Customer whose Order you have accepted.
7.5. Clauses, which expressly or by implication have effect after termination, shall continue in full force and effect.
- COMMUNICATIONS
8.1. You agree that we may process and store any content you submit to the Site or to us for the purposes of use on the Site, our social media channels or newsletter (“Your Content”).
8.2. You agree to the distribution of Your Content by us both internally and externally. Therefore you should ensure that Your Content does not contain information, which you intend to keep confidential or private.
8.3. By making available, posting or transmitting Your Content to the Site, you are granting us a nonexclusive, transferrable, sub-licensable, royalty-free, perpetual worldwide licence to use and exploit Your Content for PLATFRM related purposes.
8.4. You will not make available, post or transmit to the Site any statement, material or other content, nor use the Site in any way, that:
- is unlawful or may give rise to civil or criminal liability;
- infringes any copyright or other intellectual property right of any third party;
- infringes any third party’s rights of privacy or rights of publicity;
- includes any computer virus or other malicious software;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses any other person;
- interferes with another user’s use and enjoyment of the Site;
- impersonates any moderator, administrator or any staff or any other person connected with PLATFRM;
- contains the confidential information of any other person;
- solicits passwords or personal information;
- contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- exploits any other person;
- we consider inappropriate; or
- encourages or provokes any other person to do any of the acts listed above.
8.5. If you discover any material which you believe contrary to this Agreement, please inform us.
- AUDIT AND COMPLIANCE
9.1. You shall:
- Comply with all applicable laws, statutes, regulations, and codes relating to health and safety, product liability, environmental protection, ethical and labour standards, consumer protection, data protection, data privacy, ecommerce, distance selling, direct marketing, anti-bribery and anti-corruption (“Relevant Requirements”);
- Comply with our ethics, sourcing, anti-bribery and anti-corruption policies from time to time which may be made available to you as part of our Relevant Policies
- Have and maintain in place throughout the term of this Agreement your own policies and procedures to ensure compliance with the Relevant Requirements and the Relevant Policies, and will enforce them where appropriate;
- Promptly report to us any request or demand for any undue financial or other advantage of any kind received by you in connection with the Products or this Agreement;
- Ensure that all of your suppliers, sub-agents and subcontractors who perform services or provide goods in connection with this Agreement do so only on the basis of a written contract which imposes on and secures from such persons terms equivalent to those imposed on the Partnerpartner in this clause 16 (“Relevant Terms”);
- Be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to us for any breach by such persons of any of the Relevant Terms; and
- During the term of this Agreement and for 5 years thereafter, maintain a complete set of records relating to the sale of any Products through the Site, including all correspondence between you and Customers or prospective Customers, all records necessary to trace the supply chain of all Products, all financial transactions and all records relating to your compliance with this clause 16.
9.2. During the term of this agreement and for 5 years thereafter, if we reasonably suspect there has been a breach of this Agreement, you shall permit us or our independent auditors to audit your records, premises and systems and those of your suppliers, relating to the Products, the Site and this Agreement, to assess compliance with this Agreement. Such right to audit shall be exercised at our expense, with reasonable prior notice, provided that where such audit identifies a material breach of this Agreement then you shall reimburse the expenses incurred by us in connection with that audit.
- GENERAL
10.1. You give us permission to refer to you and your Products in our marketing and public relations campaigns including for any promotional videos and images on the Site. It may be necessary for you to submit all of your own marketing and public relations campaigns to us for approval a reasonable time before the marketing or public relations campaigns are intended to be launched through the Site.
10.2. Some features and services of the Site may be subject to additional terms. We will draw these terms to your attention before you use those features or services. Those additional terms will be incorporated into this Agreement when you indicate your agreement to those additional terms.
10.3. We may make alterations to Site or to the End User Terms, the Privacy and Cookies Policy, or these Partner Terms, or any instructions, guidance and similar information found on the Site. If you are not happy with any alteration, you must stop using the Site. If you keep using the Site, this will indicate your acceptance of this Agreement as altered. We may notify key changes to you but you should review the Site, these Partner Terms, the End User Terms, and the Privacy and Cookies Policy from time to time to ensure you are aware of any changes.
10.4. If there is ever a conflict between these Partner Terms and other terms of the Agreement, or any instructions, guidance and similar information found on the Site (from time to time), these Partner Terms will take priority.
10.5. This Agreement constitutes the entire agreement between you and PLATFRM relating to your use and trading through the Site, to the exclusion of any other terms.
10.6. We will communicate with you at the email address you have provided or through other means of communication provided by the Site. Notices that are applicable to all our customers shall be made available on the Site publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site. We will be deemed to have received a notice when we issue a confirmation to you.
10.7. All emails (or other messages) we send are intended for the addressee only.
10.8. This Agreement is subject to your statutory and common law rights and will not limit any rights you might have that cannot be excluded under applicable law. This Agreement will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
10.9. We will be entitled to assign and otherwise transfer the Agreement by giving you reasonable notice, which may include notice given via the Site.
10.10. We may deduct any monies you owe us from any monies we owe you.
10.11. Our failure to enforce any term of this Agreement does not constitute our waiver of that term.
10.12. If any part of this Agreement is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
10.13. All questions, comments or enquiries should be directed to us and we will try to respond to them within 48 hours.
PLATFRM.EU WEBSHOP
PLATFRM is a European webshop where you can showcase your brand and products to our visitors.
- ORDERS, PAYMENTS AND PRODUCTS
11.1. You may showcase Products on the Site.
11.2. You can use the Site to showcase Products to Customers. You can make your Catalogue available to us, and keep it up to date, in various ways, Including the following:
- Sending us the details, and manually updating those details with any changes, through email;
- By connecting to our Site using such application programming interfaces as we may make available to you from time to time, such as that offered by the third party provider Webkul
11.3. You agree to comply with all terms and policies of any application-programming interface, which you use to supply or update your Catalogue. You agree that you will promptly notify us through the mechanisms described at clause 12.2 of any changes to your Catalogue and that we shall have no liability for any losses, charges or expenses arising from such Catalogue being out of date.
11.4 If customers make an Order to purchase a Product, we will then proceed to purchase the Product from you, with the predetermined discount (“Commission Terms”), and continue to sell the same product to the Customer.
11.5. You agree:
- that your use of the Site is subject to your creating and maintaining an account with our payment processor, STRIPE/PAYPALS, which can receive your incoming payments (your “Receipts Account”) and that we are authorised to administer your Receipts Account, including making payments into and transfers from that Receipts Account (such as for the purpose of issuing refunds or otherwise). in accordance with the terms of this Agreement and that your automatic payout schedule for the Receipts Account will be set to a period of no less than 30 days per Order to minimize negative account balances in the case of returns;
- to provide us the agreed discount [xxxx] on the sums charged by you for the sale of your Products as outlined in the Commission Terms, and that we may deduct such sums from the payment made in respect of the Products.
- to provide us with a statement and an invoice per Order;
- that no payment will be made to you before receiving such a statement and invoice.
- that any amounts due to us and our payment processors shall be deducted automatically from any payments made by Customers before the balance is remitted to you;
- If there is a chargeback claim decided in favour of the customer, you agree:
- you shall be responsible for chargebacks and associated fees (including but not limited to shipping fees) for service-related reasons, such as non-receipt of an item.
- you agree that we will be reimbursed by you for chargebacks as they occur.
- that you shall be responsible for any fees that occur due to currency exchanges.
- that you shall be responsible for any loss or increase of value due to currency exchange fluctuations that occur between the point of sale and the point of payout.
- If applicable; that you will comply with the terms of the Stripe Connected Account Agreement, including the Stripe/PAYPAL Services Agreement, and any other terms which apply to the processing of payments made through or in connection with the Site; and
- that we are authorised to deduct from your Receipts Account or from payments made by Customers any sums which are due to Customers in accordance with the Agreement or their mandatory consumer rights, including in respect of refunds and returns;
- that you will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and Order status, and we may make any of this information publicly available;
- to ensure consistent user experience, you will, save where agreed between us in advance (such agreement not to be unreasonably withheld, conditioned or delayed) notify us and not the Customer of changes in Order status including confirmation of shipping;
- that you will arrange for Products to be shipped within two working days and in accordance with the delivery arrangements agreed between you and a Customer through the Site, unless the Products are made to order (and you acknowledge that failure to confirm that Products have been shipped within this timeframe, the relevant Customer may cancel any such Order without liability), and will notify us immediately of the arrival and condition of a Product which has been returned;
- that you will comply with any instructions from the manufacturer, distributor and/or licensor of a Product including, without limitation, instructions regarding the “street dates” for delivery (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which such product should not be delivered or otherwise made available to customers) or disclosure (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly);
- not to use personal data of Customers obtained through the Site for any direct marketing;
- to obtain our prior approval (which shall not be unreasonably withheld, conditioned or delayed) before sending any direct marketing or other communications to Customers, and to, where practicable, including but not limited to handwritten notes included with the shipment of a Customer’s Order, ensure such communications reference PLATFRM.
- to include any marketing material or communications to Customers where practicable and applicable and to accept that we add our marketing materials as we see appropriate.
- that you will not offer your products cheaper on your own site than on PLATFRM.
11.7. You agree with the term of this Agreement:
- to issue an invoice for every Order;
- not to raise sales invoices for matters covered by this Agreement; and
- to notify us immediately if you change your VAT registration number or any other invoicing details, become or stop being VAT registered or sell your business or part of your business.
- to comply with all VAT obligations, Including VAT registrations, tax returns and payments and provide us with all information necessary for us to comply with all our tax, including VAT, obligations as stated above.
.
- CANCELLATION AND REFUNDS
12.1. Under certain circumstances we may need to cancel or postpone the sale of a Product:
- pursuant to our Cancellation Policy, Customer may cancel an Order up until 14 days after the day on which they receive the Product, this is to facilitate compliance with consumer protection legislation. Similarly, we have the same right to cancel an Order for those same 14 days.
- we may find it necessary or reasonable to cancel an Order at our sole discretion under extenuating circumstances, including but not limited to where a complaint is made against you, or you are prevented from reasonably providing the Product on the agreed terms, or otherwise.
12.2. You agree to give effect to the refund pursuant to the Cancellation Policy, and that we may refund to Customers any or all monies which they have paid to us in respect of an Order in the event that they request cancellation of that Order in accordance with these Partner Terms or the End User Terms.
12.3. In case the product Is broken or damaged and therefore the Order is cancelled you are paying the return shipping fee.
- INTELLECTUAL PROPERTY
13.1. You hereby grant us a licence to use all content, materials and IPRs in or relating to the description of a Product which you advertise through the Site or which you otherwise provide to us (including any trademarks contained in a Product description) to the extent necessary for us to:
- comply with our obligations under this Agreement;
- operate the services of the Site;
- display the Product on the Site.
13.2. The licence at clause 13.1 is sub-licensable, transferable, royalty-free, perpetual, irrevocable, worldwide, and includes the right for us to use, modify, reproduce, produce derivative works of, publish (in any format), transmit and market in any manner, any and all of the content and materials including, but not limited to, all images, product photography, store photography, marketing material, trademarks, and logos associated with the Products, uploaded by or on behalf of Partner into the Website or associated with the Service (“Partner Content”) exclusively for (a) the marketing and sale of the Products; and (b) the marketing and use of the Service.
13.3. You shall obtain our written permission before using any trademarks, logos or PLATFRM branded material for any purpose.
13.4. You represent and warrant that you have the right to enter into this Agreement and to grant the rights set out in this clause 14.
- THE RELATIONSHIP BETWEEN PLATFRM, YOU AND BUYERS
14.1. All Products are sold on the basis of a contract between you and PLATFRM.
14.2. All terms applicable to the sale of any Products must be properly brought to the Customer’s attention by you, with key terms given additional prominence, for example, and without limitation, any applicable manufacturer or other guarantees.
14.3. We have no control over and are not responsible for:
- any failure by you to make good any offer of a Product;
- any default of a Customer;
- any failure by a Customer to provide any information, which you may require to supply the Products.
14.4 In case of a conflict between this provision and other provisions of this Agreement this provision prevails.
- PROVISION OF INFORMATION
15.1. When an Order is made, we will pass the relevant information of the Customer on to you along with their Order.
15.2. If you require more information from a Customer, you should request this information and where appropriate we will provide reasonable assistance in obtaining that information or in helping you get in touch with the Customer directly.
- WEBSHOP DISPUTES
16.1. PLATFRM will settle disputes that relate to site functionality and maintenance. Any Customer concerns in regard to product quality, shipping or returns will be resolved by you.
16.2. Partners must respond to Customers within 48 hours for any of the above disputes. Failure to do so gives us the right to refund the customer in full on behalf of you if we deem it appropriate based on the situation. In this case you can not hold us liable or responsible for this refund.
16.3. If you have any dispute with a Customer, let us know and we will use our reasonable endeavours to support you in resolving the dispute. Notwithstanding the foregoing, you agree that you alone shall be responsible for resolving such disputes.
16.4. We have no obligation to mediate or attempt to settle any disputes, but in some instances, we may do so. Whether or not we decide to mediate is totally up to us. If we decline to do so, we do not have to give any reasons for this decision and our decision is final.
- PLATFRM BRAND COUNSELING
PLATFRM analyzes your Brand’s strengths and weaknesses and consults with you about the best way forward.
17.1. PLATFRM will provide a one hour session to talk about the current status and future of your Brand once every three months.
17.2 PLATFRM will provide you with a brand analysis document outlining your Brand’s strengths and weaknesses once every three months. .
17.3 You understand that a more thorough analysis of any particular kind is subject to an additional fee. For that we will – as an annex to this agreement – conclude with you a Statement of Work whenever applicable.
17.4 We will issue an invoice for each additional analysis helping your brand. All such invoices will include your name, address, VAT registration number and a detailed explanation of the analysis, as well as all the other details that make up a full VAT invoice.
17.5. PLATFRM offers a team of Specialists that can help the Brand with everything it needs. Specialists are capable of helping the Brand with, but not exclusively, the following: Social Media Marketing; Influencer Marketing; SEA; SEO; Copywriting; Graphic Design; Photography; Photoshoot Styling; Modeling; Video Content; Website Building; Finances; Sustainability.
17.6. You understand that the work of any Specialist is subject to an additional fee. For that reason we will – as an annex to this agreement – conclude with you a Statement of Work whenever applicable.
17.7. We will issue an invoice for each “Specialist” helping your brand. All such invoices will include your name, address, VAT registration number and a detailed explanation of the services of the “Specialist”, as well as all the other details that make up a full VAT invoice.
17.8.
You agree not to:
- Contact the Specialist without PLATFRM’s consent.
- Enter into an agreement with a Specialist outside of PLATFRM without PLATFRM’S consent.
17.9.
You agree:
- That PLATFRM may use the provided service by the Specialist as an example on the Site and in a portfolio to show other brands.
- PLATFRM ADVERTISING
PLATFRM advertises your Brand’s products through the channels and completely in the style of PLATFRM.
18.1. PLATFRM will set up, maintain and analyze an advertising campaign of your products on the PLATFRM channels.
18.2.
You Agree:
- To send PLATFRM products you want advertised;
- that PLATFRM is allowed to make content with your products;
- that PLATFRM is allowed to advertise your products on the PLATFRM channels (Instagram, newsletter and website and any other social media platform that PLATFRM thinks fit)
18.4. We have no control over and are not responsible for:
The performance of any advertisement.
- APPLICABLE LAW AND JURISDICTION
11.1 This Agreement shall be governed by and construed in accordance with the laws of the Netherlands.
11.2 Any disputes which may arise out of or in connection with these Terms and which cannot be settled amicably, shall be brought before the competent court in Amsterdam, the Netherlands, which shall have exclusive jurisdiction in connection with such dispute.
If you have any concerns about this agreement please contact us directly.