TERMS AND CONDITIONS ICONICS
This document establishes the terms and conditions governing the use of this website (www.iconics.eu) and the purchase of products through it (hereinafter referred to as the “Terms and Conditions” or "Conditions").
When you access this website or place an order on it, you are bound by these Conditions. If you continue to use our website, we assume that you agree to these Conditions.
These Terms and Conditions may be updated from time to time. Accordingly, you should check the date of the Terms and Conditions (which appears at the end of this document).
Art. 1.1 ICONICS PRELOVED LUXERY (hereinafter “ICONICS” or “IPL”) is located at Gouden Akker 20, 8520 Kuurne (Belgium). IPL is a natural person Company registered at the Belgian Legal Entities Register (Kruispuntbank van Ondernemingen (KBO)), number 0668.656.929. The company is established by Rosine Uwayezu and Nadine Uwineza. ICONICS can be reached via e-mail: email@example.com. More information regarding products and services provided by ICONICS can be found on: www.iconics.eu. If we refer in this document to “our” or "we", we mean ICONICS.
1 GENERAL, DEFINITIONS AND APPLICABILITY
In these Conditions, the following terms are used:
Do-it-Yourself Service or DIY-Service: this service, provided by ICONICS, makes it possible for the Seller to to arrange its own selling process. The Items to be sold are photographed by ICONICS, after an evaluation of the quality of the Item by our experts. We upload the photographs on www.iconics.eu and sell the product in name and on behalf of the Seller individually (as clarified in these Terms and Conditions) via the online webshop.
The Seller (below often referred to as the “Client") in this process is a person who intends to sell his Item(s) through www.iconics.eu. The Buyer is the person who buys the Item(s) from the Seller as displayed on the website. In this process, IPL acts as trade intermediary between the Seller and the Buyer.
ICONICS is the commissioner; IPL handles the selling process for the Seller and receives a commission. The commission depends on the way the selling process proceeds:
- Classic Service: The Client sends pictures to ICONICS, after which the Item(s) are sent to ICONICS. ICONICS will do an authenticity check and will decide whether they want to sell the Item(s) on the webshop. After a successful authenticity check, ICONICS will photograph the Item(s) and put these photographs online on their webshop. For a Classic Service transaction, the commission amounts to 22% of the selling price.
- VIP Service: The Client can request a visit from ICONICS. During this visit, ICONICS will check which products can be sold on the webshop. For a VIP Service, the commission amounts to 30% of the selling price.
Premium Service: in this service, provided by ICONICS, IPL acts as direct seller of goods bought from unsold stocks of stores or personal collections from individuals. ICONICS photographs and uploads the Item(s) in the webshop. In this process, IPL acts as retailer.
The Seller in this process is ICONICS itself. The Buyer is the person who buys the Item(s) from ICONICS as displayed on the website.
Item: textiles, clothing, fur, footwear and leather goods sold through www.iconics.eu.
2 OFFERS AND FORMATION OF THE CONTRACT
when extra requirements apply, these will be explicitly mentioned in the offer on the website.
All offers on the website are non-committal. In case an offer has a limited validity or
Art. 2.2 We try to describe all Items on the website as completely and accurately as possible at all times. ICONICS can, however, not be held accountable for the content of the offers when a Seller included incorrect information in the description of the Items. ICONICS will not be liable for any damage caused by mistakes or errors in the descriptions.
Art. 2.3 The start of the contract between Buyer and Seller, depends on the selling process that has been used:
Ø Do-it-Yourself Service or DIY-Service: as for the DIY-Service, there are two contracts that need to be concluded:
o ThecontractbetweenICONICSandtheSelleroftheItem(s)willenterintoeffectas of the moment that IPL sends confirmation to the Seller that the Item(s) are qualified to be sold on the webshop. The Seller will receive an e-mail or a letter with the confirmation.
o ThecontractbetweenICONICS,astradeintermediary(commissioner),andtheBuyer enters into effect as of the moment ICONICS explicitly sends confirmation this to the Buyer by e-mail or by letter.
Ø Premium Service: the contract between ICONICS and the Buyer will enter into effect as of the moment ICONICS explicitly confirms this to the Buyer by e-mail or by letter.
3 RULES REGARDING THE DIY-SERVICE
Art. 3.1 For every Item that the Seller wants to sell, a separate (‘request’) document needs to be filled out and sent to firstname.lastname@example.org. The Seller can place as many requests as desired. If an Item was previously declined, no future requests can be made with regard to the same Item. ICONICS’s quality team will evaluate the Item based on the criteria as stated in art. 3.1.
a. b. c. d. e. f.
If the Item is qualified to be sold via the Do-It-Yourself Service, IPL will take a photo of the Item, after which the Item will be placed on the webshop. The Seller receives a notification as soon as the Item is online and ready for sale.
In case of any doubt, ICONICS will ask the Seller to improve the request or the request will be declined (if the Item does not meet the criteria mentioned under art. 3.3)
By offering Item(s) via the DIY-Service of ICONICS, the Seller guarantees that:
The Seller is the rightful owner of the Item(s);
The Seller is fully authorized to sell the Item(s);
The Item(s) are only being offered on www.iconics.eu and sold through ICONICS’s webshop; The Item(s) are not stolen nor are they fakes/replicas (cf. authenticity check art. 3.1);
The Item(s) match(es) the description and information provided by the Seller;
The Item(s) were sent or delivered in accordance with ICONICS’s quality guidelines (cf. authenticity check art. 3.1);
The Item(s) are delivered clean and neat, dry-cleaned or ironed (if necessary);
The Item(s) are not damaged and do not contain any hole, discoloration or sign of wear and tear.
be entitled to be accepted into the webshop. They even have this discretionary ability if photos have been forwarded in advance by the Seller to ICONOCS. ICONICS will notify the Seller about this. If ICONICS decides to decline an Item, the Item will be sent back to the Seller. All costs of returning are at the expense of the Seller. ICONICS operates via the (among other things) following quality guidelines:
ICONICS only accepts Items of the highest quality;
ICONICS only accepts Items that are meeting the requirements as stated under art. 3.2;
ICONICS only accept iIems that correspond to the latest fashion trends;
ICONICS only accepts well-known brands, like e.g. Mochino, Louis Vuitton, Chanel, Prada,
Item(s) that are suspected to be fake/replica, are not accepted by ICONICS.
Art. 3.4 The goods shall remain property of the Seller, until they are sold. When Items are not sold within 90 days, they will be sent back to the Seller. The Seller cannot request to have his/her Item(s) back in the meantime unless a fee of 15 euro per requested Item is paid.
a. ICONICS has the right to prematurely abort the consignation period, when giving a particular reason. In this case ICONICS will notify the Seller.
The team of ICONICS has the discretionary ability to determine if sent-in Items can
The Seller always has the right to, without having to state any reasons, have an Item removed from the webshop (prematurely abort the consignment period). This occurs by notifying ICONICS as quickly as possible by sending an e-mail to email@example.com. In this case the Item will as soon as possible be removed from the webshop. The Item(s) will be sent back to the Seller, a fee of 15 euro per requested Item must be payed;
The Seller is obliged to always have the Item available for sale. When this is not the case, ICONICS will remove the Item from the webshop;
Art. 3.5 ICONICS is completely free in determining and executing its marketing- and selling policy, amongst other things, the way in which IPL offers the by the Seller offered Item(s) to the online customers (potential Buyers).
Art. 3.6 Of every Item that is “successfully” sold via the DIY-Service, the Seller receives a percentage of the selling price as stated in the Terms and Conditions and accepted by the Seller. An Item is considered accepted after an official confirmation by ICONICS. This amount does not include shipping costs, which are at the expense of the Buyer. The price depends on which selling service the Seller has used.
Ø Classic Service: the Seller receives a percentage of 78% of the selling price as stated on the website and accepted by the Buyer (without shipping costs).
Ø VIP Service: the Seller receives a percentage of 70% of the selling price as stated on the website and accepted by the Buyer (without shipping costs).
Art. 3.7 The information contained in these Conditions and the details contained on this website do not constitute an offer of sale, rather an invitation. There shall be no Contract between IPL and the Buyer in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full.
Art. 3.8 To place an order, you must follow the online purchasing procedure. After doing so, you will receive an e-mail confirming receipt of your order. This does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you will be informed of via an e-mail in which we will confirm that the order is being sent
Art. 3.9 ICONICS uses Mollie (www.mollie.be) as payment processor. The Buyer can pay with credit card (Visa, Mastercard, ...), Bancontact and Paypal. ICONICS cannot be held accountable for any loss or damages due to the use of a payment processor. Immediately after an order is confirmed, the Buyer has to make the payment using one of the payment methodes. After receiving the money from the Buyer, ICONICS will transfer this money to the Seller (without the commission).
3.10 After ICONICS receives the payment, ICONICS will transfer the amount to the Seller with deduction of the commission as agreed upon in the contract between ICONICS and the Seller. Annex I.B., 2 ° of the law of 11 March 2018 expressly stipulates that commission agreements are not a payment service.
Art. 3.10 In case an Item gets sold to a Buyer, ICONICS will notify the Seller via e-mail. The seller must pack the goods securely in order to prevent damages and send it to the Buyer as quickly as possible (within 7 days) bearing in mind the quality criteria.
Art. 3.11 The Contract between ICONICS and the Seller ends at the moment that the Item is no longer offered via the webshop. Either because it is removed or sold to the Buyer through ICONICS.
Art. 3.12 The sales Contract between ICONICS, as trade intermediary and the Buyer terminates when Item(s) are delivered to the Buyer.
Art. 3.13 In case the Seller or the Buyer has a complaint about the service offered by ICONICS or the placement of the Item(s) in the webshop, he or she needs to notify IPL via e-mail: firstname.lastname@example.org. ICONICS will make an effort to solve this complaint to the satisfaction of the Seller or the Buyer.
Art. 4.1 The ICONICS quality team evaluates (this can either occur by telephone, e-mail or personally) whether the Item(s) meet the requirements – the guidelines mentioned in art. 3.3 apply – to be sold via the Premium Service. The Premium Service is an exclusive service and is only applicable to Items of exclusive brands and/or with a significant value.
Art. 4.2 By offering Item(s) via the Premium Service, ICONICS guarantees that:
IPL is the rightful owner of the Item(s);
IPL is fully authorized to sell the Item(s);
The Item(s) are not stolen nor are they fakes/replicas;
The Item(s) are sent or delivered in accordance with ICONICS’s quality guidelines;
The Item(s) are delivered clean and neat, dry-cleaned or ironed if necessary;
The Item(s) are not damaged and do not contain discoloration or any visible signs of wear and
Art. 4.3 The information contained in these Conditions and the details contained on this website do not constitute an offer of sale, rather an invitation. There shall be no Contract between IPL and the Buyer in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, the amount of the same shall be reimbursed in full.
Art. 4.4 To place an order, you must follow the online purchasing procedure. After doing so, you will receive an e-mail confirming receipt of your order. This does not mean that your order has been accepted, since it constitutes an offer that you are making to us to buy one or more products. All orders are subject to our approval, which you will be informed of via an e-mail in which we will confirm that the order is being sent.
4 RULES REGARDING THE PREMIUM SERVICE
Art. 4.5 ICONICS uses Mollie (www.mollie.be) as payment processor. The Buyer can pay with credit card (Visa, Mastercard, ...), Bancontact and Paypal. ICONICS cannot be held accountable for any loss or damages due to the use of a payment processor.
Art. 4.6 The Contract between IPL and the Buyer terminates when the Item(s) are delivered to the Buyer.
Art. 4.6 In case the Buyer has a complaint about the service offered by ICONICS or the placement of the Item(s) in the webshop, he or she needs to notify IPL via e-mail: email@example.com. ICONICS will make an effort to solve this complaint to the satisfaction of the Buyer.
Art. 5.1 Despite the high quality of the photographed images of the Item(s), the Buyer has to take into account that the colors may differ from the actual colors. The to be sold Item(s) are always accompanied by a specific description, if necessary, of the measurements on the label. In case of any doubt, the (potential) Buyer can contact ICONICS via e-mail (firstname.lastname@example.org).
Art. 5.2 The Items offered online are all in good condition, of excellent quality and all the information is being displayed and described as specific as possible. Because of the fact that ICONICS sells pre-owned designer fashion (via the DIY-Service).
Art. 5.3 As soon as the Buyer receives the Item(s), he or she has to check the Item(s) immediately. In case something is wrong (e.g. shipping damage, damage or a significant deviation from the original visual and/or textual description in the webshop) the Buyer needs to inform ICONICS without delay by e-mail: email@example.com. The Buyer needs to mention the order number and the title/brand of the Item(s).
Art. 6.1 The delivery address is the address that the Buyer filled out on his or her ICONICS account via the webshop. Buyers who order Items via the webshop, should keep ICONICS closely informed about any changes in address (via their online profile). As long as ICONICS does not receive a change of address, the Buyer in question will be deemed to reside at the latest address provided in the account. In case an address is not (correctly) filled out, ICONICS cannot be held responsible for any mistakes in the delivery process. Additional costs will be charged to the Buyer if necessary.
Art. 6.2 The order is sent via a logistic provider, appointed by ICONICS. The selling price, as mentioned on the website, does not include the following handling- and shipping costs. Shipping costs will only be applied when the total price of bought Item(s) is lower than €700,00. When the total price is higher or equal to €700,00, no shipping costs will be charged.
5 RULES REGARDING THE SALE OF ITEMS
6 TERMS OF DELIVERY AND SHIPPING
List of shipping costs:
- Europe (EU, beside Belgium)
- Central America/Antilla - Europe (non-EU)
Art. 6.3 IPL’s main logistic provider is BPost, but IPL also works with DHL and USPS.
Art. 6.4 The Buyer is obligated to accept the package when it is offered by ICONICS via a logistic provider, unless the package arrives in a damaged state. In case the Buyer declines acceptance or does not pay careful attention to the provided information or instructions that are necessary for a clear and smooth delivery, ICONICS has the right to store the Item(s) at the expense and risk of the Buyer.
Art. 6.5 Until the Buyer receives the order, the Seller is liable for any risk of loss and damage to the Item(s).
Art. 7.1 The Buyer has the legal right to withdraw from the Contract within 14 days from the day on which the Buyer acquires – or a third party other than the carrier and indicated by the Buyer acquires – physical possession of the goods – or in case of multiple goods in one order delivered separately – within 14 days from the day on which the Buyer acquires, or a third party other than the carrier indicated and by you acquires, physical possession of the last good, without giving any reason.
Art. 7.2 The withdrawal period will expire after 14 days from the day on which the Buyer acquires – or a third party other than the carrier and indicated by the Buyer acquires – physical possession of the goods – or in case of multiple goods in one order delivered separately – after 14 days from the day on which the Buyer acquires, or a third party other than the carrier indicated and by you acquires, physical possession of the last good.
Art. 7.3 To exercise the right of withdrawal, the Buyer must notify us at ICONICS PRELOVED LUXERY, at the address at Gouden Akker 20, 8520 Kuurne (Belgium) or by sending an e-mail at firstname.lastname@example.org of your decision to withdraw from this Contract by an unequivocal statement (e.g., a letter sent by post or e-mail).
7 EXCHANGE AND RETURN POLICY
Art.7.4 To meet the withdrawal deadline, it is sufficient for the Buyer to send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired. The Buyer must return the Item(s) without undue delay, and in any event not later than 14 days from the day on which you communicate your withdrawal from this Contract to us. The deadline is reached if the Buyer returns the Item(s) before the period of 14 days has expired.
Art. 7.5 If the Buyer withdraws from the sales contract, ICONICS shall reimburse to the Buyer all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from the Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about the Buyer’s decision to withdraw from this Contract. IPL will carry out such reimbursement using the same means of payment as you used for the initial transaction unless if the Buyer agrees expressly to another means of payment. In any event, the Buyer will not incur any fees as result of such reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until we have received the Item(s) back or the Buyer has supplied evidence of having sent back the goods, whichever is the earliest.
Art. 7.6 The Buyer shall bear the direct cost of returning the goods.
Art. 7.7 The Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Art. 8.1 There is a statutory warranty of 2 years. When the Item(s) are second hand, which is the case for the DIY-Service, the warranty period can be reduced to one year. We use a different warranty period depending on which selling process had been used.
Ø Do-it-Yourself Service or DIY-Service: statutory warranty of 1 year. Ø Premium Service: statutory warranty of 2 years.
Art. 8.2 If there is any defect, the buyer must notify ICONICS within two months after discovering the defect.
Art. 9.1 ICONICS is solely liable for damages arising out of, or relating to, an attributable failure to fulfil its obligations under an agreement or tort caused by intent or gross negligence on the part of ICONICS.
Art. 9.2 ICONICS is not liable for any damage, of any nature whatsoever that is caused by the Seller or the Buyer who gave incorrect or incomplete information.
Art. 10.1 All moral and property rights with regard to the intellectual activities made by ICONICS, regardless of the form, belong exclusively to ICONICS.
Art. 10.2 The Seller, nor the Buyer, nor third parties are not permitted to reproduce, publish, distribute, exploit or otherwise make the created works available to third parties, unless expressly and in writing permission of ICONICS.
Art. 11.1 The use of our website and the product purchase contracts through said website shall be governed by Belgian legislation. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the jurisdiction of the Belgian courts.