Version of 2 June 2019
Article 1 - Definitions
- Environment: Restocks.net, and any other application designated by Restocks.
- Platform: the environment in which products are offered to Users by third parties.
- User: every visitor to the Environment.
- Seller(s): a third party, being a natural person who offers products via the Platform.
- Customer: a User of the Environment who proceeds to purchase a product via the Platform.
- Purchase Agreement: the agreement that is concluded between Restocks and a Customer following the purchase by the Customer of a product from Restocks via the Platform.
Article 2 - Restocks
Restocks B.V., CoC 74050710, Establishment number 000042037778, Veldsteen 19, 4815 PK Breda.
- These conditions apply to the order and purchase of products via the Platform (hereinafter referred to as Conditions for buying via Restocks sellers). These conditions can also be consulted in the Restocks Environment, see, for instance (https://restocks.net).
- Every Customer who places an order for a product that is offered by Restocks within the Environment, accepts the applicability of these Conditions for buying via Restocks.
- The provisions of these Conditions for buying via Restocks can be deviated from only in writing, with the consent of the parties involved, in which case the other provisions remain in full force.
- These Conditions for buying via Restocks apply to both buyers who can be classified as consumers and buyers who can be classified as business buyers.
- All rights and entitlements stipulated in favour of Restocks in these Conditions for buying via Restocks and any subsequent agreements are also stipulated on behalf of agents and other third parties engaged by Restocks, explicitly including the Seller(s).
- Restocks has the right to change these Conditions for buying via Restocks from time to time. The amended conditions will apply as soon as they are published on the site. If a buyer subsequently places an order for a product as offered by Restocks, he hereby accepts the applicability of the amended Conditions for buying via Restocks. It is therefore advisable to consult these Conditions for buying via Restocks before placing an order for a product.
Article 3 - Customer account
- The Customer must meet the following requirements, at least:
- the Customer must have a customer account with Restocks;
- the Customer can be reached by e-mail.
- Restocks is entitled not to process orders for products from Sellers or to attach deviating conditions to them.
- The Customer is responsible for the use made of his username and password. Restocks therefore advises the Customer to use a unique password and to keep this password secret.
- The Customer is not permitted to let others use his account.
- The Customer declares to act in accordance with the Conditions for buying via Restocks and all applicable laws and regulations.
- The Customer is responsible for the correctness of the information in his account.
Article 4 - Purchase
- The Customer acknowledges that the Purchase Agreement is concluded between the Customer and the Seller and that Restocks is only an agent in this agreement. The Purchase Agreement is concluded if and as soon as the Customer proceeds to purchase the product offered by the Seller.
- In case of questions and/or complaints about the products purchased by the Customer through Restocks, the Customer must contact Restocks. The buyer acknowledges that Restocks is liable for any defectiveness, as referred to in Article 6.1, of the purchased product. Restocks guarantees and is responsible for the fulfillment of the obligations of the Seller or the Customer.
- In the event of a dispute between Restocks and the Customer about whether or not products have been shipped, Restocks will try to find a solution together with the Customer. The Buyer and Seller are obliged to cooperate in a solution. If the Buyer and Restocks cannot reach a solution, Restocks will make a binding decision upon request. The ability to submit proof of shipment by Restocks or the Customer respectively will be leading in this respect. The Customer indemnifies Restocks against claims for compensation on account of its decision.
Article 5 - Ordering and delivery
- A Customer can place an order for a product offered by a Seller through the normal ordering process at Restocks.
- The process of transferring ownership of the delivered products will not start until the Customer has paid all the buyer owes Restocks with regard to the order concerned.
Article 6 - Provisions applicable when purchasing via Restocks
- If a Customer purchases a product from the Seller via the Platform, the Customer has the option to return this order within 14 (fourteen) days. This is only allowed if the product in the photo(s) of the advertisement does not correspond with the product received, the size in the product received deviates from the advertisement or the product has significant damage. If another reason is given, Restocks can decide whether it is legitimate or not. To facilitate the handling of a return shipment, the customer will inform Restocks of the return shipment by e-mail or the live chat application, prior to the return shipment and within 14 (fourteen) days.
- During this 14-day period, the Customer will handle the product and packaging with care. He will only unpack or use the product to the extent required to assess whether he wishes to keep the product or not. If he wishes to return a product, he must return the product and all accessories included to Restocks in its original condition and packaging, if reasonably possible.
- If the Customer returns a product for the reasons stated in Article 6.1 and does so in the prescribed manner, the costs of returning the product will be borne by Restocks.
- If a Seller does not send an order to Restocks within four (4) working days, Restocks will - within six (6) working days of the Customer placing the order - inform the Customer that his order has not been shipped and it will return any payment already received by Restocks.
Article 7 - Information and use of data
- The Customer will keep a close eye on his e-mail so that he can take note of information sent to him by Restocks in a timely manner.
- Restocks is not liable for the late or unclear transmission of information or for obvious errors.
- The Customer declares to be aware of and to agree that his name and address details, e-mail address and payment details are disclosed to Restocks insofar as these are necessary to execute the Purchase Agreement/order. Restocks is only entitled to use the Customer's data insofar as this is necessary in the context of handling and executing the Purchase Agreement/order.
Article 8 - E-mail/Chat communication between the Customer and Restocks
- All communications that take place via e-mail and chat are retained by Restocks on its servers and can be viewed and used by Restocks:
- to support the Customer and/or the Seller in case of questions and/or problems;
- to assess whether the Customer and/or Seller meets the requirements set; and
- to analyse process improvements.
- Every time e-mail or chat is used, the Customer agrees with and gives Restocks permission to retain, view and use the communications in accordance with the provisions of paragraph 1 of this article.
- Communications that take place via e-mail will be retained by Restocks for a maximum of two years.
Article 9 - Miscellaneous
- Restocks has the right to limit, not grant or revoke certain privileges, to block the use of the account or to deny or limit the possibility of ordering products via Restocks, depending on the trading history of a Customer; this will be exclusively at the discretion of Restocks.
- When Restocks allows for deviations from the Conditions for buying via Restocks for a shorter or longer period, implicitly or otherwise, it will not affect its right to demand immediate and strict compliance with the Conditions for buying via Restocks The Customer can never exercise any right on the basis of the fact that Restocks applies the Conditions for buying via Restocks flexibly at any time.
- If one or more of the provisions of the Conditions for buying via Restocks or of the procedural rules is in conflict with any applicable statutory provision, the relevant provision will lapse and will be replaced with a new statutorily permissible provision to be determined by Restocks, respecting the purport of the relevant provision to the greatest possible extent.
- Restocks is at all times entitled to end the availability of the functionalities for the products offered by Sellers on the Restocks website.
Article 10 - Applicable law
The Conditions for buying via Restocks, the purchase or sale of products by Sellers via the Restocks website and the Purchase Agreement between the Customer and Restocks are exclusively governed by Dutch law. All disputes between the parties will be submitted to the competent court.