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General Terms and Conditions for RELLEB B.V.
Last Update: 07.1005.2020
Scope of General Terms and Conditions
1.1 RELLEB B.V., Gustav Mahlerlaan 337, 1082MK, Amsterdam (hereinafter “Relleb”) is the operator of the website relleb.com and operator of the Relleb Webshop (“platform”) and performs authentication of luxury pre-owned watches. The following “general Terms and Conditions” apply to the free use of the website and any agreements in which is referred to in this document.
1.2 The General Terms and Conditions can be downloaded and printed in the current version at https://www.relleb.com/general-terms-and-conditions for the effective period of the agreement.
2. Contracts with Users (sellers and buyers)
2.1 Sending the online registration of your account on Relleb.com represents a legally binding offer to form a contract with Relleb. The user shall be notified by e-mail of receipt of his/her registration enquiry and be offered access to his/her personal account. However, a visitor agreement shall not as yet come into effect. The user must activate his/her user account by clicking on the activation link in the confirmation email.
3. Services provided
3.1 Relleb offers Users the possibility of selling and buying a pre-owned luxury watch that is authenticated by Relleb (section 5).
3.2 Relleb itself does not offer items for sale on the website but facilitates in selling and buying a watch online on its platform and on third party platforms. In addition we authenticate the watch and are responsible for sending the watch to the ultimate buyer. In case a watch is not deemed authentic or in accordance with the listing, Relleb takes responsibility to inform the right authorizations and/or send the watch back to the seller.
3.3 The contractual relationship will be initially formed between the seller and the user when a transaction is agreed by both parties (seller and buyer). The fulfillment of contracts initiated on the platform shall also take place between the seller and the user, whereas Relleb will facilitate the process and authorize the watch on behalf of the buyer. The watch will as such be sold to the buyer when the transaction is agreed by both parties.
4. Registration of request and User Information
4.1 Registration is allowed for persons with unlimited legal capacity. Minority (shareholders) in particular may not register and it is also not allowed to register an account for another natural person or institution.
4.2 A valid e-mail address and address are required to register your request for an offer or question. Telephone number is optional. The e-mail address, and telephone number, may also be used for communication with Relleb and is essential for all contractually relevant correspondence between Relleb and the Buyer.
4.3 The user account is strictly personal or institutional. The user, either legal entity or natural person, is not entitled without the express consent of Relleb to transfer the profile to a third party. Neither is the user entitled without the express consent of Relleb to enable third parties to access his/her user requests or email account to contact Relleb on their own behalf.
4.4 Passwords require a minimal number of characters, special characters and characteristics to ensure access to user accounts is secure and confidential. Potential third party misuse or any signs must be shared with Relleb as soon as possible.
4.5 User shall be liable for all activities that take place while using his or her user account, unless he or she is not responsible for the misuse of his or her user account as there is an absence of duty of care in that case.
5. Using the Relleb Platform
5.1 Users can freely register for an account and use several functions for free. In addition, users selling watches are entitled to sell a watch in their physical store or on other platforms as well. Communication is not supported through Relleb, but Buyers and Sellers are able to contact each other outside the Platform. Buyers are always entitled to see where the watch is located and can, without registering, search freely on our Platform.
5.2 Relleb is entitled to change usage and access to the platform including it’s functions and the scope of services provided on the technical aspects of the Platform.
6. Our authentication and quality services
6.1 Relleb provides authentication services particularly to Users of the Relleb Platform. Quality services may be offered as well, which comprises standard checks on the technical aspects of a watch, comprising but not limited to waterproofness and accuracy of timekeeping, and authentication of parts of products sold on the Platform such as “case quality, lubrication quality”. Quality indications are subjective and therefore there are no direct rights applicable to any indication or quality indication we give on any aspect.
6.2 In addition Relleb acts as an agent of the User to buy a watch on third party platforms or online shops (example are: Chrono24, eBay, Marktplaats, Watchfinder etc.).
7. General User Obligations
7.1 The User must refrain from any activity aimed at disrupting the operational aspects and technical infrastructure of the website. This particularly includes:
7.2 Users may use the input from Relleb for the search for commercial offers on the website (or third party platforms) solely by means of the search options of Relleb. Using automated search software options is prohibited.
7.3 Data and contents made available and obtainable to the User may not be used in full or separate parts to build a personal database, create a personal database, for commercial purposes in any way.
7.4 The user may not express any advertising content on the Platform and conduct in any way behavior that could be interpret as spam.
7.5 The user is obligated inform Relleb as soon as possible if any error or irregularity occurs while using the Platform. The same applies to the identification of commercial offers or contents published by third parties that potentially infringe prevailing law or third-party rights.
8. Term of Contract, Termination, Blocking
8.1 The User agreement is effectuated for an indefinite period. This agreement can legally be terminated with immediate effect at any time in case both parties agree with the termination.
8.2 The right of the parties to end the contractual relationship by means of extraordinary termination for good cause remains unaffected. Good cause in this is for Relleb to terminate this agreement without notice if a User persistently infringes duties and obligations as described in clauses 4.3, 4.4 and 4.5 of the General Terms and Conditions.
8.3 Termination will result in the User not having the right to obligate Relleb to complete the transaction(s) as agreed upon on the Platform or performing the authentication services.
8.4 Termination by Relleb shall be valid when Relleb has communicated the User timely via the email address the User has provided. Terminations by the User must be given in writing via email to Relleb.
9. Warranty and Liability
9.1 Relleb carries the right to withhold from providing an offer to the User. In case for an offer the initial payment is not yet received, the offer can be, at liberty of Relleb, terminated at any time. The offer/contractual agreement with a User is effective upon receipt of the initial payment and subsequently the confirmation of Relleb in writing to the User.
9.2 Relleb does not in principal authorize or authenticate contents and commercial offers posted on the platform. As such Relleb is not able to give assurance that the information and commercial offers posted on the platform are authentic, real, correct, reliable, most-recent, applicable and/or completely presented. As such, there is no entitlement for Users to receive any rights from what is posted on the website before the authentication services performed by Relleb.
9.3 Relleb is not liable for information presented on the website which is not authenticated, checked or valided as part of the Auhtentication Services. As such, transactions outside the Authentication Service of Relleb are not supported by any assurance provided by Relleb when a transaction is conducted through the Relleb Platform including the Relleb Authentication Services.
9.4 Liability is not included to the extent legally permitted by law for negligence in any ordinary sense and duty affecting the availability of the platform or its contents.
9.5 Relleb is not liable for any malicious intent, gross negligence, personal injury and pursuant to statutory regulations remains unaffected by the liability restrictions as outlined in this agreement.
9.6 Relleb provides buyers certainty over authenticity. This means our experienced watchmakers provide a statement on the authenticity of parts of the watch as received and assessed by our watchmakers on a specific time, date and place. All data with regards to the authenticity check is stored on a server at the disposal of Relleb and is deemed necessary to conduct our services in an appropriate manner and protect our buyers. Authenticity over parts of the watch means all parts are originated from the brands official factories to the extent possible to research and available for the public as retrieved from the public registers. This means serviced parts, which are originated from the brands factories, are also deemed authentic.
9.7 Relleb is not liable for the agreed price and commercial details as posted by Seller, other than authenticity. In the case the conclusion of our (‘Relleb’) Authentication Service of the watch is not authentic, the buyer has a full right to his initial payments made which shall be reimbursed by Relleb, in case cash funds are deemed sufficient, within 1 working day CET or as soon as possible and no later than 1 working day after the reimbursement is received.
9.8 The watch is the sole object to conclude authenticity over. Related materials sold with the watch such as papers and boxes will be examined on aspects with regards to ageing and quality. However, as booklets, cases, flyers and other material(s) that are sold together with the watch cannot be fully authenticated in relation to the watch, our authenticity approval does not cover any other material(s) than the watch.
9.9 To the extent permitted by law for general negligence of duty by use of the website or its content the liability to Relleb is excluded.
9.10 The above liability restrictions does not apply to damages caused by Relleb’s experienced watch makers or when the watch is being hold by Relleb.
9.11 The above liability restrictions do apply in the case of damage caused by (authorized) agents, particularly partners. Relleb is not liable for the actions of third parties or its Users to the state of the watch. Liability for indirect and consequential damages is – to the extent permitted by law – excluded.
9.12 The liability of Relleb for malicious intent, gross negligence, personal injury and pursuant to statutory regulations remains unaffected by the above liability restrictions.
9.13 The right for Relleb to deliver the watch to the Buyer is effectuated when Relleb has actually received the final payment or payment in full including commissions, and when this has been confirmed by Relleb in writing to the Buyer.
10. Right of Indemnity
10.1 Relleb and its employees are hold harmless by the User from all third-party claims in case the event of a claim is asserted on account of purported or actual legal infringements and/or infringement of third-party rights in connection with use of the website/Platform or services of Relleb by the User.
10.2 The User is obligated to reimburse Relleb all (potential) costs arising from any third-party claim or claims. Costs that should be reimbursed also includes costs related to appropriate litigation and legal defense, which Relleb would incur or has incurred to defend itself from any third-party claims. The User responsible for reimbursement will be notified by Relleb without delay of the legal defense measures to be taken.
11. Final Provisions
11.1 The General Terms and Conditions are applicable under Dutch Law. To the extent possible and applicable these General Terms and Conditions are in accordance with European Law and thus also apply under European Law.
11.2 In case changes or amendments are made to the terms and conditions, Relleb will be obligated to notify the User in writing form. The obligation is fulfilled sufficiently when the notification includes a link to the amended General Terms and Conditions and a general note these have been amended, without specifically indicating the changes. User has 14 days to object to the amendments in writing by email and hardcopy after being notified, after 14 days without object the amendment shall be deemed to have been accepted; Relleb shall make reference to this fact in its notifications of amendment.
11.3 Relleb is at free discretion to transfer this User agreement to another company. In case of transferring this agreement to any other company, the User shall have a special right of termination in case this is shared in writing to firstname.lastname@example.org within 14 days of notification by Relleb.
11.4 The place of jurisdiction for all disputes arising from and in connection with this document, despite the legal grounds of the counterparty, is Amsterdam, The Netherlands.