General Terms & Conditions

The platform Seclo (the “Site”) is managed and hosted by the company Seclo BV located at Stationsplein 45, 3013 AK Rotterdam, Netherlands, registered in the Dutch Chamber of Commerce under number 85727911 (“Seclo”).

Before signing up on the Site, every User must read these Terms and Conditions (the “Terms”) and the Addendum, which form a legally binding agreement between you and Seclo regarding your access and use of the Site, and undertake to comply with them. To confirm that you have done so and create your Seclo account, please accept the Terms when prompted to do so during the registration process. Every User must also read the Privacy Policy.

Capitalised terms are defined in Section 1 of these Terms.

1 DEFINITIONS

When the following capitalised terms are used in these Terms, they have the definitions set forth in this section. Please refer to this Definitions section whenever you see a capitalised term.

Additional Service(s) – means the additional payable services provided by Seclo and offered on the Site, which require an additional fee and which may be subject to Additional Terms;

Additional Terms – has the meaning assigned in Section 2.7;

Buyer – means any User who buys or wishes to buy one or more Item(s) on the Site;

Buyer Protection – means the Buyer Protection service provided by Seclo for a fee (payable by the Buyers) to Buyers for every purchase made, except purchases covered by the Buyer Protection (Pro). Please see more details on the Buyer Protection in Section 5;

Buyer Protection (Pro) – means the Buyer Protection Pro service provided by Seclo for a fee (payable by the Buyer) to Buyers who are not Pro Users for every purchase made from Professional Sellers. Please see more details on the Buyer Protection Pro in Section 4.3;

“Pay” button / “Place order” – means the button displayed at the end of the Shopping Cart flow, allowing Buyers to express their willingness to start placing an order for an Item on the Site and to benefit from the Buyer Protection for a fee;

Catalogue – means the electronic catalogue of Items that Sellers have listed for sale, or exchange via the Site. The Catalogue has different sections for each category of Items;

Checkout – means the checkout process available to Buyers to purchase Items on the Site. The Checkout process: (i) is initiated after a Buyer clicks on the “Add to cart” button, (ii) requires the Buyer to choose a payment method and specify a delivery address, and (iii) is concluded when the Buyer clicks on the “Pay” button on the checkout page;

Content – has the meaning assigned in Section 10.1;

Dispute Filing Period – has the meaning assigned in Section 5.5.1;

Escrow – means the escrow account managed by MANGOPAY S.A., where the Total Price is retained from the payment until the Transaction is completed, as defined in Section 6.2;

Hosting Services – means the hosting services offered by Seclo on, or through, the Site, that enable Users to list Items in the Catalogue, to find and examine offers for sale on the Site, and to communicate in private and/or in public, particularly by using the Forum;

Integrated Payment System – means the online payment system allowing Users to pay for Items and Services on the Site, where the payment service is provided by MANGOPAY SA;

Integrated Shipping (Pre-paid shipping labels) – means the ability for the transportation and delivery of the Items bought or exchanged on the Site, where the transport and delivery services are provided by one of the shipping providers offered to select by Seclo, and the Seller must use Pre-paid Shipping labels generated on the Site as provided in Section 8;

Items – means the goods/items that Users list in the Catalogue, in order to sell or exchange them;

MANGOPAY SA – means Seclo’s payment service provider MANGOPAY SA, a limited liability company registered in Luxembourg. MANGOPAY SA is a licensed electronic money institution regulated by Luxembourg’s supervisor of financial sector (“Commission de Surveillance du Secteur Financier”);

News – means content shared by Seclo on the Site, including news relating in particular to short and long-term offers, contests, games, promotions and announcements about new Services available on the Site;

Private Messages – means communication by an exchange of private messages between Buyers and Sellers via the Site’s messaging system, where the messages are not publicly displayed on the Site;

Pro User/Professional Seller – means any User who lists one or more Item(s) in the relevant Catalogue of the Site as part of its professional activity and has created a “Professional Seller” Account. Pro Users and Professional Sellers can be sole traders or non-profit organisations, duly registered in the Netherlands, as described in the Professional Sellers’ Guide together with an overview of their legal rights and obligations. Professional Sellers are identified on the Site by a “B” tag displayed next to their name;

Privacy Policy – means the document that defines the manner in which Seclo collects, uses, processes, stores and transfers personal data;

Seller – means any User who lists one or more Item(s) in the relevant Catalogue of the Site. For the purposes of payment service providers, Seller is a person who has successfully identified himself with his personal documentation;

Services – means all the services offered by the Site, including the Hosting Services, the Buyer Protection and the Additional Services;

Significantly Not As Described – has the meaning assigned in Section 5.5.3;

Site – means the Seclo website, apps and any other means of accessing Seclo’s platform. The “Site” includes the Services and all content, tools, features, and functionality offered on or through the platform;

Shipping Tracking System – means the online tracking system provided by Seclo, based on the information provided by the shipping provider and where Integrated Shipping is being used, enabling Buyers to track their Item once it has been shipped by the Seller or Professional Seller;

Shipping Instructions – means the option for the transportation and delivery of the Items bought or exchanged on the Site, where the transport and delivery services are provided by one of the instruction shipping providers, and the Seller must follow the shipping instructions as provided in Section 8;

Terms – means the binding agreement between Seclo and the User, as defined in the first paragraph of these Terms and Conditions;

Total Price – means the total amount due for a Transaction, which comprises of i) the price for the Item(s) set by the Seller; ii) the shipping fees; iii) the Buyer Protection fee; and iv) any applicable taxes;

Transaction – means any transaction made using the “Pay” button between Users through which the ownership of and/or the right to use an Item transfers from one User to another;

Seclo’s Social networks Accounts – means Seclo’s accounts on Facebook, Google+, Twitter, Instagram, Pinterest, YouTube and other social networks where information is provided about the Site and the Services it offers, sharing the contents published by Users;

User – means any person who has created an account on the Site and has accepted these Terms;

User account or Account – means the User’s account created upon registration on the Site;

Visitor – means any individual who visits the Site, but who has not created an Account.

2 INTRODUCTION

2.1. Welcome to the Site. Please read these Terms, and the Addendum carefully. They set forth the terms and conditions under which you may use the Site. If you agree with these Terms, you will be able to use our Site as a User, and you will have the opportunity to be a Buyer and become a Seller of Items on the Site. If you do not agree with these Terms, you are not authorised to use the Site.

2.2. Services. Seclo offers Hosting Services as an intermediary between Buyer and Sellers. Seclo also offers, for a fee, a Buyer Protection service applicable to all Transactions made using the “Pay” button, as well as Additional Services. Seclo is fully responsible for the Services it provides, within the limits of its commitments and under the conditions provided in these Terms. Seclo is not a party to any Transactions between Users. Seclo does not buy, sell or exchange the Items shown on the Site.

2.3. Who Cannot Use the Site. The Site is not intended for use by persons who are under 18 years old. If you are a parent or a guardian of a dependent who is younger than 18 years old, you may create an account and accept these Terms on behalf of such minor, but by doing so, you take full responsibility for the minor’s use of the Site and acknowledge that the Site is intended for persons who are at least 18 years old.

2.4. Visitors. If you are a Visitor of the Site, you can search and view Items in the Feed, and other Content provided by Users, as well as News and other information published on the Site. However, you will not be considered a User and you will not be able to use the Services. These Terms may, however, be of informative value to you.

2.5 Creating a Buyer Account. To buy Items on the Site, and to use Services, you must first register on the Site and create a User account. When registering on the Site, you undertake to provide true, accurate, up-to-date, and complete information. It is important that you always maintain and promptly update your Account information to keep such information up-to-date and complete at all times. Through the registration process, Users will be asked to provide (directly in the registration form or, if you so wish by sharing your Facebook, Google or Apple ID profile) an email address, a user name (a pseudonym for use on the Site), and a password to enable the Site to identify you each time you access the Site. We will use such data for the purposes and in the manner described in the Privacy Policy. In order to protect your User Account and to ensure the security of other Users, Seclo may from time to time verify the information included in your User Account or ask you to answer relevant questions, provide relevant information or assist in verification procedures (the “Security Procedures”). Security Procedures are intended to confirm that you are the person accessing and/or carrying out transactions from your User Account. They will be reasonable and proportionate to the security objectives pursued. As part of the Security Procedures, Seclo may verify the User’s telephone number, email, the User’s credit card, debit card or other payment method, or bank account.

2.6 Creating a Seller Account. To sell items on the Site, and to use Services, additional to the obligations under 2.5, you have to upload a picture of your Passport, Identification Card or Driver’s license. This verification is required under Financial European Law to payout money from an Escrow, as well as that it further ensures the safety on the Site.

2.7. Professional Sellers / Pro Users. Pro Users are only allowed to use the Services after having accepted these Terms and the separate Seclo Professional Sellers Terms of Use, which also set out the terms and conditions applicable to Transactions made by Professional Sellers. In the event of any inconsistency between these Terms and the Seclo Professional Sellers Terms of Use, the latter shall be considered as being the specific terms applicable to the Professional Seller’s use of the Services and shall therefore prevail. Before purchasing Items from Professional Sellers, Users will also be asked to read and agree with the Professional Sellers Terms of Sale.

2.8. Additional Terms. By accepting these Terms, you also agree to the Addendum (the “Additional Terms”), which are incorporated by reference. These Additional Terms are made available to you, in a format which allows them to be reproduced and downloaded, on the hyperlinked webpages. By accepting these Terms, you subject your use of the Services to these Additional Terms. Any violation of these Additional Terms is a breach of these Terms. In the event of any inconsistency between the provisions of the Additional Terms and the provisions of these Terms, these Terms shall be considered as being the specific terms and shall therefore prevail to the extent of the inconsistency.

2.9. Third parties’ terms and conditions. Certain features of the Site use tools and services provided by third parties, which may be governed by separate terms and conditions. For example, to use the Integrated Payment Service, you must agree to MANGOPAY S.A’s terms and conditions (EN) (please see Section 7.1 for more information on how users are requested to confirm MANGOPAY S.A’s terms and conditions). When third party tools and services are governed by separate terms and conditions, the Site will provide you with a link to the applicable terms and conditions. The latter will be made available to you in a format which allows them to be reproduced and stored within the relevant third-party services and must be separately accepted if you wish to use these third-party services.

2.10. Changes to these Terms. Subject to Section 2.10 below, any changes to these Terms will be subject to your prior approval. If you do not accept the Terms and Conditions after 30 days from the date of being notified about any changes, Seclo reserves the right to restrict a User’s ability to use the Site until the updated Terms and Conditions are accepted.

2.11. Unilateral Changes to these Terms. Seclo may unilaterally amend these Terms for valid reasons and in order to:

a) adapt the Terms to legislative or regulatory provisions in force or being adopted.
b) adapt the Terms to any decision handed down by a jurisdiction, a consumer agency or by any other competent authority, which affects the content of the Site or the Services offered by it;
c) adapt the Buyer Protection rates to reflect inflation and/or the evolution of our costs;
d) prevent abuse or harm or for security reasons;
e) reflect changes to our Services pursuant to Section 2.13;
f) reflect changes and developments in how Seclo operates the business;
g) reflect changes in market conditions or standard industry practice.
h) make editorial changes to these Terms (for example, to correct grammatical or spelling errors), insofar as these changes do not alter the content or meaning of these Terms.

If Seclo makes any of the changes identified above, Seclo will inform Users about the amended Terms 30 days prior to the effective date of the changes, unless:

a) Seclo is legally required to make the changes immediately or within a shorter period;
b) the changes are made in accordance with Section 2.11(h) above, in which case they will enter into force immediately; or
c) the changes are made in accordance with Section 2.13 below, in which case Seclo will inform Users about the amended Terms 15 days prior to the effective date of the changes.

As of the effective date, you may continue to use Seclo’s Services in accordance with the amended terms. The amendments will not apply retroactively and will not affect any Transactions that you have previously made on the Site. These amendments will not, either, degrade the quality or alter the characteristics of the Services rendered to you in consideration of a price you have already paid to Seclo. Similarly, the amendments may not increase the fees that you have already paid for the Buyer Protection that applies to previous Transactions.

If you are not satisfied with the proposed amendments, you may terminate your relationship with Seclo at any time, free of charge. In this case, Seclo will continue to fulfill its obligations with respect to any ongoing Transactions that you have already placed on Seclo.

2.12. Any amendment to these Terms published on the Site will apply immediately to those Users who complete the online registration process following the publication of any such amendments on the Site.

2.13. We may add new Services, features and functionalities to our Services, without degrading the quality or altering to your detriment the characteristics of (i) the Services rendered to you in consideration of a price you have already paid to Seclo, (ii) the Hosting Services offered to you in respect of the Listings and Content that you have already posted on the Site.

3 LISTING ITEMS ON THE SITE

3.1 Permitted Items. Only items that meet all of the following conditions may be listed on the Site:

3.1.1. The Item must belong to one of the categories listed under Allowed Items in the Addendum;

3.1.2. The Seller must have the right to transfer the ownership of the Item;

3.1.3. The Seller must not list items that are typically sold as low-value dropshipping items (i.e items sold at a low value given the current market practice);

3.1.4. The sale, exchange, use or possession of the Item must not violate the rights of any third party (including any intellectual property rights) and must not violate any local, national or international applicable law or regulation. The item must be safe and cannot be counterfeit; and

3.1.5. The Item must comply with all commonly applied requirements on the market, unless there is an agreement to the contrary between the Buyer and Seller.

3.2 Uploading a Listing. To list an Item on the Site, the Seller must comply with all Terms in this document and its Addendum. The Seller must complete the questionnaire, which includes selecting a category that most accurately represents the Item and uploading at least three (or more, if required, depending on the Item) good quality photograph, one from the front, one from the back, one of the label, and preferably one of the brand. Sellers cannot use photographs found on the Internet and/or photos of a similar item. The description and photographs of the Item must reflect the actual quality and external appearance of the Item, as well as any faults, defects or alterations affecting the Item.

3.3 Offer for Sale. When a Seller lists an Item in the Catalogue and the listing is published on the Site, this constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer.

3.4 Modifying a Listing. The Seller who has listed the Item may withdraw it or amend the price at any time, respecting the minimum prices set by Seclo, before entering into contact with a Buyer for the sale or exchange of the Item in question.

3.5 Additional Services. The Seller may decide to purchase Additional Services, such as services designed to improve the visibility of their Items on the Site. Information concerning such Additional Services, in particular their characteristics, will be made available to the User on the pages of the Site Help Centre entries that are dedicated to these Additional Services. Additional Terms applicable to Additional Services (if any), will have to be separately accepted

3.6 Obligations for Professional Sellers. Further obligations or restrictions apply to Professional Sellers. More details can be found in this regard in the Seclo Professional Sellers Terms of Use and Professional Sellers’ guide.

3.7. Content Removal. Seclo, after having been duly notified in accordance with Section 10.4 below or by the competent Authorities, will remove any obviously unlawful Content promptly. Seclo may also use automated software and algorithms to detect and delist or remove from the Site immediately, without prior notice, any Items or Content which:

is obviously unlawful or contrary to applicable regulations (e.g. counterfeit items);
is contrary to good moral standards or public order;
is listed below the minimum price set for an item in the wrong category to circumvent the minimum price criterium;
is listed or posted by a Seller as part of a professional commercial activity, in breach of the Addendum; or
otherwise breaches these Terms, the Rules of the Addendum.

The relevant User can appeal Seclo’s decision as described in Section 12.6. below.

Seclo’s use of such automated software shall not be interpreted as an undertaking to monitor, or an obligation to actively search for, unlawful activities and or Content published on the Site and, to the extent permitted by the applicable law, does not give rise to any liability for Seclo.

3.8. Holiday Mode. Users may apply a “Holiday” mode to their Account. When the User has set their Account to Holiday mode, Items offered for sale by such User will be hidden from other Users.

4 BUYING ITEMS ON THE SITE

4.1. Buyers can buy Items on the Site by using the “Pay” button. Seclo’s Buyer Protection or Buyer Protection (Pro) applies for a fee (see Section 5 for additional details) to every transaction made using the “Pay” button. After concluding the Checkout process, the Buyer will become a party to two separate agreements:

4.1.1 Agreement between the Buyer and the Seller. Both the Buyer and the Seller acknowledge that completion of the Checkout process by the Buyer creates a legally binding agreement between the Buyer and the Seller based on (i) the description and photographs of the Item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these Terms. The Buyer undertakes to pay for the Item and the Seller undertakes to transfer ownership of the Item. For the avoidance of doubt, Seclo is not a party to this agreement. If the Seller is not a Professional Seller, the consumer rights stemming from European consumer protection law do not apply to this agreement.

4.1.2 Agreement between Seclo and the Buyer for the provision of the Buyer Protection or the Buyer Protection (Pro) service. The Buyer Protection or the Buyer Protection (Pro) is added for a fee to every purchase made using the “Pay” button on the Site. The Buyer will be required to expressly allow Seclo to start providing the Buyer Protection service immediately, once the Buyer has completed his order and concluded the Transaction with the Seller.

4.2. Purchases made without using the “Pay” button are made solely at the Users’ risk and Seclo will not offer any of the services included in the Buyer Protection or the Buyer Protection (Pro) in relation to such transactions. To the extent permitted by law, Seclo is not responsible for, and disclaims all liability arising out of or related to, purchases conducted off the Site. For your security and that of the transactions, we invite you to complete Transactions using the “Pay” button and not to make transactions outside the Site.

4.3. Buying an Item from a Professional Seller. For more information about buying from Professional Sellers, please read the Professional Sellers’ Terms of Sale. The Buyer Protection (Pro) service is mandatory and is added for a fee to every purchase by a Buyer from a Professional Seller. For more information about Buyer Protection (Pro), please read the Professional Sellers’ Terms of Sale. If the Buyer is registered as a Professional Seller and purchases an Item using the “Pay” button from another Professional Seller, the Buyer Protection applies to such Transaction.

4.4. Shipping Tracking System. Information provided by Seclo as part of the Shipping Tracking System will only reflect the tracking information provided by the carrier of the Item. Consequently, Seclo disclaims any liability if the carrier provides inaccurate, incomplete or outdated tracking information.

5 BUYER PROTECTION

5.1 With the Buyer Protection, the Buyer will benefit from the following:

5.1.1. Seclo’s refund policy, which allows the Buyer to request a refund for lost, damaged or Significantly Not As Described Items. Please see Section 5.5 for more details about our refund policy;

5.1.2 Seclo’s customer support, which can assist with (i) any Transaction issues, by having access to the Transaction details and acting as an intermediary between the Buyer and the Seller, and (ii) delivery issues by having access to the delivery status and tracking details, and liaising with the integrated shipping carriers. Please see Section 5.5 for more details about customer support assistance;

5.1.3 Safe payments through Integrated Payment System and Protection of the Total Price, whereby all payments made through the Integrated Payment System are held on Escrow until the Transaction is completed. Please see Section 6 for more details about safe payments and the Integrated Payment System.

5.2. Benefits of the Buyer Protection are offered only as a combination and are not offered as separate services.

5.3. Buyer Protection Fee. The Buyer Protection Fee is calculated as follows:

A fixed amount of €0.99; plus
An amount equal to 5% of the item price agreed between the Buyer and the Seller (not including shipping costs, any additional costs).

5.4. Not insurance. The Buyer Protection is not an insurance or a legal protection service. The Buyer Protection is a service offered by Seclo. It does not replace the Buyer’s legal rights or legal guarantees, which can be exercised in addition to, and independently from the Buyer Protection.

5.5 Process for Receiving a Refund Under the Buyer Protection. The Buyer Protection includes the right for Buyers to obtain a refund if an Item is lost or damaged during shipping or if the Item is Significantly Not As Described.

5.5.1. Dispute Filing Period. In order to obtain a refund under the Buyer Protection, the Buyer must report the issue to Seclo within two (2) days from when the Buyer is notified by Seclo that the Item should have been delivered(such 2-day period, the “Dispute Filing Period”). To report an issue to Seclo, the Buyer must, within the Dispute Filing Period, click the “I have an Issue” button in their Private Message window with the Seller and complete the issue submission flow. If the Buyer does not report the issue within the Dispute Filing Period, the Transaction will be completed and the money in Escrow will be released to the Seller.

5.5.2. Items Lost or Damaged During Shipping. If the Buyer does not receive the Item or if the Item was damaged in transit, the Buyer must inform Seclo within the Dispute Filing Period. This will suspend the Transaction and the total purchase price will be retained until Seclo’s customer support investigates and confirms whether the Item was lost or damaged in transit. Once the Item has been confirmed as lost or damaged in transit, Seclo will request, and an external payment services provider will issue a refund to the Buyer of the total purchase price. In case of dispute about the loss or damage caused to an Item during shipping, the information provided by the shipping provider will be deemed accurate, unless and until evidence to the contrary is provided to Seclo by the Buyer.

5.5.3. Significantly Not As Described Items. Items must comply with the description and photographs provided by the Seller in the Item listing. If the Item received by the Buyer does not comply with the description and photographs provided by the Seller, it will be considered as “Significantly Not as Described”. This includes the following difference(s) between the Item received and the Item description: incorrect sizes, wrong colours, counterfeit Items, severe damage to the Item (stains, smells, holes), Items incorrectly described as new. Conversely, an Item will not be considered as Significantly Not As Described if the item is not a right fit (but the size was correctly indicated in the listing), or the differences between the Item received and the description and photographs of the Item listings only include minor and negligible differences that do not affect the use and look of the Item as legitimately expected by the Buyer based on the Item’s description and photographs. If the Buyer considers that the Item received is Significantly Not as Described, the Buyer must report the issue to Seclo within the Dispute Filing Period. This will suspend the Transaction and the Total Price will not be released to the Seller until the following process is complete:

5.5.3.1.The Buyer and Seller can resolve the issue between themselves in their Private Messages.

5.5.3.2. If the Buyer and Seller cannot or do not wish to solve the issue between themselves, they can contact Seclo’s Customer Support from the private conversation screen. If the Item is Significantly Not As Described, based on the criteria described in Section 5.5.3. above:

Seclo will notify the Seller about the Buyer’s claim that the Item is Significantly Not As Described and the Seller will have two (2) days from this notification to either, at the Seller’s option, (i) provide evidence that the Item is not “Significantly Not As Described”, or (ii) provide a return address to the Buyer in a private message.
if the Seller provides information / evidence on the claim within the indicated timeline, Seclo will make a decision if Item is Significantly Not as Described by evaluating the information / evidence provided by Buyer and Seller. If Seclo determines that the Item is Significantly Not as Described, the Seller will be given additional time to provide the Buyer with the Seller’s return address.
If the Seller provides the return address, Seclo will cancel the Transaction and instruct the external payment service provider to issue a refund to the Buyer after the Buyer confirms that the Item has been shipped back to the Seller. Please note that Seclo does not provide the Item return service. The Buyer must pay for the return of the Item, unless otherwise agreed with the Seller.
If the Seller does not reply to Seclo’s request for information or does not provide a return address to Buyer, Seclo will cancel the Transaction and instruct the external payment provider to refund the Buyer the total purchase price. After the Transaction is cancelled, Users can continue communication directly about the return of the Item to the Seller and Seclo will no longer assist / mediate.

5.5.3.3. Counterfeit. In the particular case where the Buyer alleges that the Item is counterfeit (i.e. an Item that is not genuine and the sale of which violates third party intellectual property rights), Seclo will ask both the Buyer and Seller to provide information to support their position within 24 hours. Seclo can ask additional information from both the Buyer and / or the Seller if Seclo indicates a need for it. Based on all the relevant information available to Seclo, Seclo will ultimately make decisions on a case-by-case basis and both the Buyer and the Seller commit to respect such decisions made by Seclo:

(a) If there are no reasons to doubt the authenticity of the item, the Transaction will be completed and the Total Price will be released to the Seller;

(b) If there is no sufficient information allowing Seclo to determine whether the Item is counterfeit, the Buyer and the Seller will be notified that the case is considered to be ambiguous, the Buyer will be asked to return the Item to the Seller’s indicated return address and Seclo will refund the Total Price to the Buyer in accordance with Section 5.6 below;

(c) If there are strong, objective and concrete indications that the received Item is counterfeit, the Transaction will be cancelled and the Buyer can get a refund without having to send back the item to the Seller.

5.5.4. No Refund. The Buyer will not be entitled to a refund under the Buyer Protection and the Total Price will be released to the Seller if:

(i) pursuant to the process described in Section 5.5.3 above, Seclo determines that the Item is not “Significantly Not As Described”;

(ii) the Buyer does not report the issue to Seclo within the Dispute Filing Period as described in Section 5.5.1 above;

(ii) the Item has been tampered with, washed, used, tested or modified in any way whatsoever by the Buyer; or

(iii) the Buyer has already confirmed that the Item matches its expectations by clicking on the “Everything is ok” button in the Buyer’s Private Message window with the Seller.

5.6 Return of Items. When returning the Item to the Seller in order to obtain a refund under the Buyer Protection, the Buyer must bear the return costs, unless otherwise agreed with the Seller. Seclo will instruct MANGOPAY S.A. to refund the Total Price to the Buyer after having received the Buyer’s confirmation that they have shipped the Item back to the Seller. If the Item to be returned was purchased at the same time as other Items from the same Seller, then the Buyer must return the disputed Item and will obtain a refund for that Item.

5.7 Acknowledgment of Seclo’s role in issuing refunds under the Buyer Protection. Users agree to comply with the process for receiving a refund under Buyer Protection and to collaborate with Seclo to enable Seclo to make decisions on any Buyer Protection related issue based on the objective criteria set forth in these Terms. If the Users resolve the issue between themselves after it has already been escalated to Seclo’s Customer Support, the Users undertake to inform Seclo Customer Support about such an outcome.

5.8 The Users can use the complaint procedure regarding Seclo’s decision, as described in Section 15.

6 PAYING FOR AN ITEM

6.1 Safe Payments through the Integrated Payment System. Seclo contracts with MANGOPAY SA to process payments made using the Integrated Payment System and to store information relating to the credit cards, debit cards, and any other payment method offered on the Site. In order to use the Integrated Payment System, the User will enter into a contract directly with MANGOPAY S.A., and the User will be accepting MANGOPAY SA’s terms and conditions (please find more information on this in Section 7.1).

Payment of the Total Price can be made by credit or debit card or any other payment method that may be introduced from time to time on the Site. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a User on the Site, the User may be required to provide additional proof that a credit or debit card or other payment method does belong to a User.

The Total Price is held on an Escrow account handled by MANGOPAY S.A. Once a Transaction is made, MANGOPAY SA acquires funds from the Buyer on behalf of the Seller and holds those funds in Escrow for disbursement. Seclo supports its Users in using the services provided by MANGOPAY SA and provides direct assistance to Users for such services; however, for the avoidance of doubt, Seclo does not provide any payment processing services for Users. Users are solely responsible for the provision of accurate information associated with credit cards, debit cards, and any other payment method offered on the Site and Seclo hereby disclaims any responsibility and all liability for User-provided information to the full extent permitted by applicable law.

6.2 Completion of a Transaction. The Total Price paid by the Buyer will be retained by MANGOPAY SA in Escrow until the Transaction is completed. The Transaction is completed:

(i) when the Buyer clicks “Everything is ok” during the Dispute Filing Period; or

(ii) automatically after the expiration of the Dispute Filing Period, if the Buyer does not submit an issue through the “I have an issue” flow during the Dispute Filing Period; or

(iii) after the resolution of an issue that was reported during the Dispute Filing Period.

Once the Transaction is completed, the purchase price of the Item and and the shipping fee, will be immediately transferred by MANGOPAY SA to the Seller’s bank account, without any transfer fee. However, for the first pay-out, a User must provide bank account details; please see Section 7 for more information about the related function.

6.3 Use Restrictions of the Integrated Payment System:

6.4.1 No Third Party Use. The right to use the Integrated Payment System is only for sales in a User’s own name. A User may not resell, hire, or on any other basis allow third parties to use the Integrated Payment System to enable such third parties to be paid for their services.

6.4.2 Permitted Items Only. The Integrated Payment System is only for Transactions regarding the Items on the Site and not for any other products or services.

6.4. Pro Users. For the Pro Users please see information provided in the Seclo Professional Sellers Terms of Use.

6.5. Currency; Taxes. All prices on the Site are expressed in Euros (EUR), including any applicable VAT.

7 PAYMENT SERVICE PROVIDER (MANGOPAY SA)

7.1 When the User enters into a contract directly with MANGOPAY SA when purchasing an Item, the User will be accepting MANGOPAY SA’s terms and conditions. Users will be asked to confirm this when paying for an Item. If the Seller fails to ship within five (5) days, the sale Transaction will be cancelled.

7.2 KYC Checks. Users will be subject to regulatory procedures carried out by MANGOPAY SA, such as identity check and other requirements of the “Know Your Customer” (KYC) procedure before payout. In addition, MANGOPAY SA may also carry out KYC checks on any User if it suspects that this User is engaging in possibly fraudulent or suspicious behaviour. If a User fails to comply with the KYC requirements, the User will not be able to sell on Seclo until User’s identity is confirmed. If a User uploaded a fraudulent document or took any other action and MANGOPAY SA deemed such user as fraudulent, he / she will no longer be able to overcome KYC check again and users will not be able to sell on Seclo.

7.3 Transferring funds from to a bank account, which transfer will be performed by MANGOPAY SA. If MANGOPAY S.A. suspects that the User is engaging in possibly suspicious or fraudulent activity, the User will not be able to transfer funds until they complete the relevant KYC checks.

8 SHIPPING THE ITEMS

8.1 Shipping Options. Seclo does not provide carrier services. Shipping will be done through our Integrated Shipping Solutions (Pre-paid Labels). Users are responsible for reviewing and agreeing with the terms and conditions of the shipping provider that they select as specified below, whether they are acting as Sellers or as Buyers. The Buyer will pay for shipping at Checkout and the shipping fee will be held in Seller’s account in escrow.

Users may see the list of available shipping carriers in their Settings. Seclo may, at any time, add or remove shipping providers from the list of choices available to Users. The list of integrated shipping providers, as well as the terms and conditions of each of these providers (including possible limits of carrier compensation), are accessible at any time for the Buyers here and here for the Sellers. During Checkout, the Buyer will be able to choose from the shipping providers selected by the Seller. After Checkout, an automatically generated pre-paid shipping label will be provided to the Seller on the Site and must be used to send the Item to the Buyer, otherwise the Transaction will be cancelled. Once the Transaction is completed (as per Section 6.2), the price of the Item will be released from Escrow to the Seller and the Buyer Protection fee and the fee for shipping (including any applicable VAT on Services) will be released from escrow to Seclo.

If an Item is lost or damaged during the shipping process, the Buyer is eligible for a refund as part of Buyer Protection, as described in Section 5.5.

The Seller may be entitled to compensation for a lost or damaged Item up to the compensation limit set by each shipping provider, in accordance with that shipping provider’s terms and conditions. The Seller will always be able to access the carriers’ terms and conditions here. When the Seller lists an Item in the Catalogue, it is the Seller’s responsibility to review the terms and conditions of the carriers selected for the delivery of that Item. By listing an Item, the Seller confirms that he accepts the selected carrier’s terms and conditions to which he has had access.

8.2 Payment of the Shipping Fees. The Shipping Fees are paid by the Buyer, in addition to the Item price and the Buyer Protection fee.

The applicable shipping fees will be clearly indicated to the Buyer before any purchase. They may vary from one order to the other, depending on factors such as parcel size, shipping route, shipping carrier and potential discounts.

8.3 Commitment to Ship. As soon as the Total Price has been paid by the Buyer, Seclo will inform the Seller that they must ship the Item to the Buyer within five (5) working days. If the Seller does not ship the Item within this period, Seclo can cancel the Transaction and direct MANGOPAY S.A. to release the Total Price held in Escrow to the Buyer. The foregoing is without prejudice to any claim that the Buyer may have against the Seller, under applicable laws, for having failed to deliver the Item or late delivery.

9 INTERACTION AND MESSAGES ON THE SITE

9.1 Private messages

The exchange of Private Messages between Users is solely for the purpose of exchanging information between Users regarding the Items bought on the platform. If a User sends Private Messages to another User, he/she must ensure that he/she does not send:

messages or information that feature advertising;
spam or content spreading viruses or worms;
mass mailing messages of any other kind whatsoever (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not asked to receive them);
messages containing texts contrary to good moral standards and public order, inappropriate, insulting or defamatory messages or those otherwise regarded as incompatible with these Terms and Conditions and the interests of Users;
messages of an unlawful nature or otherwise attempting to cause harm to other Users and/or the Site;
messages that may qualify as harassment of any kind whatsoever.

Seclo may use automated software and algorithms to detect content of Private Messages that are contrary to good moral standards and public order, or that indicate fraudulent behaviour. If the automated software detects any such content in a Private Message without limiting other remedies available to Seclo, (i) the Private Message and User may be blocked and/or the Private Message may be hidden from the User to whom it was sent and (ii) the User who sent such Private Message may receive a warning reminding the User of his/her obligation to comply with these Terms informing the User that Seclo may take further steps as described in Section 12 below, such as suspending the User’s Account in case of further violations. Seclo’s use of such automated software shall not be interpreted as an undertaking to monitor, or an obligation to actively search for unlawful activities and/or content on the Site and, to the extent permitted by applicable laws, does not give rise to any liability for Seclo.

9.2 Exchange of feedback amongst Users

Once a Transaction has been completed, the Buyer and Seller can publish reviews about each other on the Site. No compensation is given to Users or to Seclo in exchange for online reviews.

A User’s review on another User must always be fair and honest. Lies and insults are forbidden.

Seclo does not check reviews prior to publication on the Site by Users.

10 LIABILITY

10.1 All Users are fully liable for any information they post on the Site as well as for the Items they offer, sell, exchange or transfer to other Users. Without limiting the foregoing, Users acknowledge and accept that they are fully responsible for uploading any Item in the Catalogue, as well as for the Item description and photographs, for any information posted on the Site and declarations made to Buyers or other Users and for the accuracy of the other details provided (including Private Messages and feedbacks) (hereinafter together referred to as the “Content”). In addition, Users are solely responsible for the Transactions undertaken with other Users and disputes that could result from them, save in cases where disputes are caused by Seclo’s failure to comply with its obligations under these Terms.

10.2 Users must comply with all laws, rules and regulations that are applicable to them when using the Site. Users must in particular refrain from (i) infringing the rights of third parties, (ii) infringing intellectual property rights or listing counterfeit items, (iii) listing Items that violate laws or regulations; (iv) inciting offences or crimes, discrimination, hate or violence based on race, ethnic origin or nationality, (v) communicating incorrect information or confidential information, (vi) making defamatory comments, (vii) committing actions that might place minors in danger, (viii) publishing the personal data of other individuals or breaching privacy rights or (ix) misappropriating someone else’s identity; or (x) uploading or otherwise inputting any Content that is unlawful, false, or inaccurate. Users must act and use the Site in good faith.

10.3 Seclo acts as a mere intermediary between Buyers and Sellers. If any User or Visitor reports any misconduct of another User or Visitor to Seclo, Seclo may provide assistance to the affected party. Seclo will also cooperate with local authorities if required. In the event that a User does not comply with Section 11 or otherwise violates these Terms, the User recognises and accepts that he/she is solely responsible for any and all resulting direct and indirect losses of third parties or Seclo, when permitted by law. Consequently, the User recognises and accepts that to the extent permitted by applicable law, and save for cases of breach of these Terms, Seclo will under no circumstances be held responsible for any damages or losses suffered by Visitors or Users and/or third parties. In particular, without this list being exhaustive, Seclo will not be held responsible for: (i) actions or omissions of Users, (ii) the appropriateness, accuracy, exhaustiveness, and/or legality of any Content; or (iii) the safety, quality, and quantity of Items that Users sell, buy or exchange via the Site, nor the conformance of an Item with the description given (iv) any issue with the Transactions, except where expressly stipulated under the Buyer Protection.

10.4 Seclo is not responsible for the Content generated by Users. Users are responsible for their Content. Users acknowledge and accept that, in its capacity as a hosting provider, Seclo has no contractual duty to undertake any verification of the Content and the Items listed in the Catalogue, and, to the extent permitted by applicable law, will under no circumstances be held responsible for any damages or losses suffered by Visitors or Users and/or third parties in respect to these Content and Items. In accordance with its legal obligations, Seclo will remove from the Site any obviously unlawful Content that has been duly reported to it. If Seclo detects Content or Item that violate, or are likely to violate, applicable laws and/or these Terms, Seclo may take action against the User, as provided for in Sections 3.7 and 12.

10.5. If any User or Visitor discovers Content condoning crimes against humanity, inciting racial hatred and/or violence, and/or terrorist acts, concerning child pornography or any other unlawful content, Seclo must be informed immediately either by:

applying the reporting procedure described here;
contacting Seclo via the contact form;
sending an email to the address legal@seclo.nl;
sending a letter outlining the underlying facts in detail to the following address: Seclo B.V., Stationsplein 45, 3013 AK Rotterdam, Netherlands.

If such Content is reported, Seclo reserves the right, to suspend immediately, without notice, the account of the User (including any in-progress transactions) and remove the Content, as provided for in Section 12.

10.6 If a User believes that any Content might violate these Terms and/or their rights and/or the rights of a third party (e.g. counterfeiting, insult, breach of privacy rights, product safety issue), the Users may notify this to Seclo either by:

applying the reporting procedure described here;
contacting Seclo via the contact form;
sending an email to the address legal@seclo.nl;
sending a letter outlining the underlying facts in detail to the following address: Seclo B.V., Stationsplein 45, 3013 AK Rotterdam, Netherlands.

10.7 If there is a product safety issue with an Item, Users are advised to stop using the Item.

10.8 Seclo is not responsible for any tax liabilities or reporting obligations that might arise to Users from their activities within the Site. For the purpose of the Transactions undertaken on the Site, the Users themselves are solely responsible for any taxation reporting duties, if any would arise under applicable legislation.

10.9 In compliance with applicable laws and regulations, Seclo takes all appropriate measures to protect the security of the data provided by Users and to prevent our Services from compromising the data and software stored on User’s computers, tablets or smartphones. However, even when Seclo has taken appropriate measures consistent with legal requirements, its systems may still be compromised by unpredictable events such as cyber attacks or security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. In these conditions, we strongly suggest that Users take all appropriate measures to protect their own data and/or software, particularly from contamination by any viruses circulating on the Internet.

11 OBLIGATIONS OF THE USER

11.1 Users undertake to comply with the following rules when using the Site:

when registering on the Site, to provide truthful information about him/herself, (including, without limitation, with respect to his/her name and email address);
to register on the Site only once and not to create more than one Account unless (i) a User wants to have a personal account and Seclo Pro account, but in such case User cannot register using the same email, also these accounts need to be clearly separated, i.e. personal account cannot be used for commercial sales purposes and vice versa; (ii) if a third party obtains access to a User’s Account, the User may create another Account, but only after the User has informed Seclo about the third party access and Seclo has blocked the original Account;
not to use the Site and/or the Services with the intent to undertake unlawful or fraudulent actions or transactions;
when using the Site, to provide objective, correct, exhaustive and detailed information about Items being sold or exchanged;
to ensure that the price proposed for the exchange and/or the sale of the Items, as well as other information regarding them, is correct;
not to copy any content or information appearing on the Site and uploaded by Seclo or another User of the Site,
not to use any content or information appearing on the Site for any unlawful purpose.

11.2. Users undertake not to, and Visitors shall not, when using the Site:

share, publish or otherwise use misleading or incorrect information and/or data;
encourage the acquisition of any goods, where the sale or possession of the goods is forbidden or restricted, especially counterfeit items;

use (in particular share and/or publish) photographs (i) for which the respective User does not hold the intellectual property rights (in general, these are photos found on the Internet), or (ii) which contain links to other websites;
use (in particular share and/or publish) photographs (i) on which people other than the respective User itself is visible, unless the other visible people have consented to the publication of these photographs; or (ii) which are or may be considered contrary to good moral standards and/or public order (for example, erotic photographs, pornographic photographs or photographs with violent contents);
publish any Content praising, promoting, encouraging or inciting terrorism, racism, revisionism, xenophobia, homophobia, sexism, hate speech, discrimination, human trafficking, organized crime, illegal organizations, self-injury, suicide, torture, cruelty to animals, apology of war crimes, sexual exploitation of children and/or adults, cults;
offer, sell, buy, exchange and/or transfer Items in breach of the intellectual property rights of third parties, such as registered trademarks and/or other signs to the extent they are protected by the applicable law (such as for example company signs in certain jurisdictions), design rights and/or copyrights;
violate the rights of ownership and/or the personal rights of third parties (including intellectual property rights);
violate applicable laws and/or regulations;
act contrary to public order and/or good moral standards;
use (in particular share and/or publish) programmes and/or computer files which contain viruses, or which might (i) disrupt the normal operation of the Site and/or the Services, (ii) infect the computers of Users and, therefore, lead to losses for the User or his/her assets or (iii) prevent the User from using the Site, the Services or the User’s computer;
offer and/or share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by the Site.
offer, share or otherwise promote links to other websites or companies that provide similar services to those offered by the Site nor to websites or companies whose content or activity is illegal or contrary to our content policies.
mine data, screen scrape or crawl any part of the Site.
disassemble, decompile or reverse engineer any part of the Site.
adapt, copy, vary, edit, distribute or commercialise any content in the Site without the prior written consent of Seclo.

11.3 Users undertake not to, and Visitors shall not, collect, hold concurrently, transmit to third parties, make public, publish or disclose data of the Users of the Site or data on the actions of Users of the Site, including Transactions, their number, type, price, etc., if the data became available in an illegal manner or following an unlawful action or an omission.

Users, undertake not to, and Visitors shall not collect, hold concurrently, transmit to third parties, make public, publish or disclose information that appears on the Site, if such may affect the rights of other Users. This restriction does not apply to the “share” function which exists on the Site and allows Users to share public information available on the Site in Seclo’ Social Networks Accounts or in their own social network accounts, as well as to send such information to themselves or others by email.

11.4 The User agrees to keep his/her Account login details and password confidential and not to disclose his/her login details or password to any third parties, (except for persons who the User authorises to use his/her login details and password). The User is solely responsible (to Seclo and to others) for all activity that occurs under the User’s Account. If a User knows or suspects that any unauthorised third party knows the User’s password or has accessed the User’s account, the User must promptly notify Seclo via the contact form.

11.5. The User agrees to immediately update any information on the Site that is no longer current or accurate, including the information provided by the User while registering on the Site and information in the User’s Account, as well as information on the Items listed in the Catalogue.

11.6 When using the Site, the User represents:

that he/she is an individual, that he/she is aged 18 years or more (otherwise, the parent(s) or legal guardian must sign-up in his/her place and supervise the use of the Site by the minor), (ii) that he/she uses the Services of the Site only for his/her personal benefit and not for any professional activity, and (iii) that he/she has full capacity and all the rights to carry out the Transactions on the Site;
that he/she understands that he/she is fully responsible, in accordance with these Terms and applicable law, for carrying out its obligations under the agreement entered into between the Buyer and the Seller, as defined in article 4.1.2 of the Terms;
that he/she understands that when ordering an Item, he/she undertakes to buy or exchange this Item, and that the failure to carry out this Transaction may oblige him/her to reimburse the losses suffered by the Seller;
that he/she understands that he/she must pay Seclo the Buyer Protection Fee for every transaction made using the “Pay” button;
that he/she understands that he/she must pay Seclo if he/she decides to purchase the Additional Services.

12 SECLO’S RIGHT TO RESTRICT AND BLOCK ACCOUNTS.

12.1. Restriction and Blocking of User Accounts. In the circumstances referred to in Clauses 12.2 and 12.3 below, Seclo may:

Restrict a User’s Account. Users whose Accounts are restricted are prevented from using or accessing to some of the features of the Site, such as the ability to list Items, to carry out Transactions, or to send private messages to other Users; or
Block a User’s Account temporarily or definitively. Users whose Accounts are blocked are no longer allowed to access the Site. Where applicable, they will be able to complete any pending Transactions, provided that Users completed the relevant KYC checks (if required). However, if the Account was blocked due to the fact that Account was compromised or based on MANGOPAY SA’s decision to deem Users as fraudulent, such Users will no longer be able to transfer the funds held in their Seclo Escrow account to their bank account. If Seclo blocks a User’s Account, it may prevent this User from registering again on the Site.

Seclo undertakes to take restriction or blocking measures that are proportional to the circumstances and, in particular, to the breach(es) committed by the User. Breaches committed by Users will lead to a temporary blocking or restriction of their Account, unless these breaches are serious or repeated, in which case the User’s Account will be definitively blocked.

12.2. Blocking with Notice. Seclo may restrict or block a User’s Account, after having informed this User in writing and observed a reasonable notice period, if this User:

Breaches these Terms or the Addendum;
Provides or publishes, when registering on the Site or using the Site, incorrect, misleading, obsolete and/or incomplete information according to these Terms, or fails to keep such information up-to-date;
Deliberately and intentionally insults other people;
Abuses the functionalities provided by the Site or uses them in bad faith, such as by abusing the possibility to report Content or to appeal Seclo’s decisions to restrict use of the Site, account blocks or content removal; or
Is listing and selling items as part of a professional commercial activity, in breach of the Addendum and, if applicable, does not convert to a Professional Seller Account when required. More explanations are available here.

12.3. Immediate Blocking. Notwithstanding the above, Seclo can restrict or block the User’s account with immediate effect and without prior notice or warning in any of the following cases:

User Account Reported by MANGOPAY S.A., MANGOPAY S.A. may report to Seclo any User Account if MANGOPAY S.A. has serious reasons to suspect that, in its use of the payment services provided by MANGOPAY S.A., this User has violated applicable laws and/or MANGOPAY S.A’s terms and conditions, and/or misused the Site (including illegal sales on the Site (i.a. sold counterfeits), money laundering, scamming, identity theft, use of false documents).
User-Initiated Payment Dispute via an external payment service provider. If any User initiates a dispute resolution procedure in relation to a Transaction via an external payment service provider and there are objective and legitimate reasons to believe that, in this context, the User has violated applicable laws, breached these Terms and/or misused the Site, Seclo may immediately suspend the User’s Account (including any in-progress transactions).
Violation of Applicable Laws, Public Order or User Safety. The User’s use of the Services or Content posted by the User obviously violate any laws, regulations or rules of public order or are likely to have serious consequences for the health, safety or legitimate economic interests of Seclo, other Users, Pro Users or third parties. For instance:
- The User has uploaded to the Site Content condoning crimes against humanity, inciting racial hatred and/or violence or concerning child pornography;
- The User is misappropriating the identity of another User or person;
- There are consistent and objective reasons to suspect that a fraud of any kind whatsoever has been committed or is being committed by a User, or that a User misuses the platform in a way that endangers the safety of other Users or the security of the platform, such as, but not limited to, logging in from suspicious IP addresses, and scamming or spamming other Users. Seclo undertakes to conduct its fraud investigation diligently, and to examine promptly and seriously any claim by the suspected User.
Regulatory Obligation or Imperative Legal Reason, where observing a notice period would violate any law, regulation or the direction of a legal enforcement authority, or would otherwise risk liability for Seclo or its affiliates.
IT Security Risk. There is a risk to the security and technical operation of Seclo’s IT system.
Repeated or Serious Breaches, where the User has committed repeated breaches of these Terms or the Addendum.

12.4. Notification. In circumstances referred to in Clauses 12.1 to 12.3 above, Seclo will provide the User with a written notification stating the reasons for the restriction or blocking of their Account, unless doing so would:

Infringe any applicable laws, regulations or the direction of a legal enforcement authority or would otherwise risk liability for Seclo or its affiliates;
Disrupt a fraud investigation; or
Facilitate the continuation or repetition of a fraud, a violation of laws or a serious breach of these Terms and/or MANGOPAY S.A’s terms and conditions.

12.5. Seclo may investigate any violation of these Terms and, subject to applicable laws such as data protection laws, inform the competent institutions and authorities.

12.6. Appeal. In the event that Seclo exercises its rights under this Section 12 and under Section 3.7, the affected User can challenge Seclo’s decision via the contact form.

13 SECLO’S RIGHTS AND OBLIGATIONS

13.1 Seclo may, at any time, re-organise the Catalogue, advertising spaces or other information on the Items, subject to these changes not amending the Content provided by the User, in order to make the Site more user-friendly.

13.2 Seclo may, at any time, publish News or other communications regarding short and long-term offers on the Site, competitions, games or promotions that comply with national law to promote new Services or third party goods or services. Special conditions may apply. Information regarding offers, competitions, games or promotions will be provided on the Site and, where they constitute a binding contract between the User and Seclo, the User will have the opportunity to separately accept these terms, which will be made available in a format which allows them to be stored and reproduced. In case of inconsistency between these Terms and special conditions published on the Site applicable to News, the latter shall be considered as being the specific terms applicable to the News under consideration and shall therefore prevail to the extent of the inconsistency.

13.3. Seclo may at any time end or suspend or assign the operation of the Site to third parties, subject to notifying Users of the Site and respecting a notice period of thirty (30) days.

13.4. Guarantee of Conformity. European Union-based Users benefit from a legal guarantee of conformity covering the digital services provided by Seclo. Under this guarantee, Seclo is liable for any lack of conformity discovered by the User within two years of the one-time supply of digital services. The User’s national laws may provide longer guarantees. In order to submit a claim, Users can contact Seclo as described in Section 15 below.

14 PERSONAL DATA PROTECTION

14.1 The Privacy Policy, available at the link, describes the personal data of the Users collected by Seclo and the purposes for which Seclo processes such data. The Privacy Policy and any parts of it are not meant as contractual clauses and do not become part of these General Conditions.

14.2 You are generally required to provide Seclo with accurate data. When data referring to you changes (for example, your address or last name) you shall notify those changes without undue delay by changing your account information, after Verification this must be done by mailing: customer-care@seclo.nl.

14.3 When you carry out personal data processing independently and separately from Seclo, you are responsible for ensuring compliance with applicable data protection laws (in particular, the General Data Protection Regulation).

14.4 When you decide to become a Professional Seller, processing of personal data carried out by you and Seclo are further governed in the Seclo Professional Sellers’ Terms of Use and the corresponding appendices. In case you become a Professional Seller, Seclo also processes data referring to you in accordance with the Privacy Policy.

15 GOVERNANCE, DISPUTE RESOLUTION AND TERMINATION

15.1 These Terms are governed by the national law of the Netherlands. You may submit a claim to the court of Rotterdam.

15.2 In the event of a disagreement between Seclo and the User (Pro Users and Professional Sellers should use the process identified in the Professional Seller Terms of Us), Seclo encourages Users to reach out to Seclo first in any case to find an amicable solution. The User may:

First, address a written complaint to the Customer Service Department using the contact form.
The User and Seclo will use their best endeavours to try and resolve the User’s complaint in an amicable manner.
Should the matter remain unsolved or the User be unhappy with the result, the User can use alternative dispute resolution methods such as consumer mediation. Seclo is not committed nor obliged to use such methods to resolve disputes with Users. Disputes between Sellers and Buyers are not eligible to consumer mediation. The User may use the alternative dispute resolution services set up by the European Commission, which is a dispute resolution platform to collect possible consumer complaints following an online purchase and to forward them to the competent national mediators. This platform is available here: http://ec.europa.eu/consumers/odr.

15.3 The User may end his/her relationship with Seclo at any time with immediate effect but will have to fulfil all of his/her obligations which resulted from Transactions the User entered into before the end of his/her relationship with Seclo. The User may end his/her relationship with Seclo by cancelling his/her account or by sending an email to customer-care@seclo.nl.

15.4 Seclo and the companies of its group hold all rights, in particular the intellectual property rights regarding the Site, that is in particular in its system (the algorithms allowing the Catalogue to function, its transmission, etc.), in the layout and design of the Site, in the software used by and for the Site, in the trademarks and domain names used by and for the Site.

15.5 The submission of information or data, in particular photographs on the Site, i.e. “Content”, means that Users of the Site or the Services hereby grant to Seclo, without consideration, a non-exclusive licence to use the Content throughout the world, which shall apply for the duration of the applicable rights, if any (and their potential extensions). Such licence includes the right to use, copy, reproduce, display and adapt the Content. Seclo may use such Content, on any known or unknown media to date and in particular TV, paper, the Internet (in banners and articles, on other websites) and social networks (Facebook, Twitter, Instagram, etc.), for operational, commercial, advertising and internal purposes of Seclo, which the User accepts. Users are exclusively responsible for the Content and confirm that they hold all rights over it.

15.6 All the notifications, requests and other information exchanged between the User and Seclo will be sent as stated in the Terms and Conditions via the contact form appearing on the Site, and/or by/to the User via email, to the email address provided when registering on the Site.

15.7 The Terms and Conditions do not have the effect of creating a partnership (regardless of its legal form) between Seclo and the Users, labor law relationships, relationships between a commercial agent and the latter’s customer, nor a franchise relationship.

15.8 Seclo may, subject to applicable data protection laws, transfer and/or assign all rights and obligations under these Terms and Conditions to any third party, in particular in the case of the transfer of a sector of activity, a merger through the foundation of a new company, a merger through absorption, de-merger or any change in control affecting Seclo, provided that this does not reduce protection of the consumer’s rights. Such a transfer releases Seclo from all obligations as operator of the Site, in particular towards its Users and Visitors for the future. In case Seclo transfers and/or assigns these rights and obligations under these Terms and Conditions to any third party, the User has the right to immediately terminate his/her relationship and close his/her account with Seclo. Users may not transfer or assign any or all of their rights or obligations arising from these Terms and Conditions.

15.9 A User may express objections regarding the access, use or operation of the Site or the Services through a notification at any time. Notifications must be sent to Seclo using the form that appears on the Site or by letter to Seclo BV, Stationsplein 45, 3013 AK Rotterdam, Netherlands. Please contact Seclo at this address for all legal requests: legal@seclo.nl.

15.10 If any or any part of the terms contained in these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

15.11 These Terms and all documents referred to in these Terms constitute the entire agreement between Seclo and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Seclo and you, whether written or oral, relating to its subject matter. Seclo and the User agrees that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither Seclo nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.