Abuse Report &
Takedown Procedure
Abuse Report & Takedown Procedure of S’whales B.V. If there are discrepancies, the Dutch version of this page shall prevail.
Version of December 15, 2023
You can report product abuse and request a takedown on each product page by clicking the “Product Abuse Report” button. The following regulations apply.
General
1. In the following, S’whales describes the procedure through which it will handle notifications under the Product Abuse Report & Takedown Procedure. These involve requests to modify or remove listings on the S’whales website originating from S’whales and/or external sellers. This offer is identifiable by the indication that the product is sold by another party.
2. S’whales will process requests under this Product Abuse Report & Takedown Procedure as much as possible according to the regulations outlined below. However, S’whales provides this procedure on a voluntary basis and is in no way obligated to comply with requests under this procedure. Requestors or third parties cannot derive any rights from this procedure. S’whales is free to not process requests, reject them, or deviate from this procedure.
3. S’whales may, as part of the procedure, ask additional questions or engage in discussions with the requester, the external seller, or third parties.
4. This procedure does not apply to situations where S’whales has other obligations based on legislation and case law.
Takedown of an offer
1. Requests for the takedown of an offer on the S’whales website are only considered:
a. if submitted by an interested party;
b. with the purpose of addressing an offer that is evidently unlawful and/or, in another manner, contrary to the current legislation (including third-party rights);
c. upon receipt of a duly completed form accompanied by the required annexes.
2. Upon receipt of a request, S’whales will:
a. confirm the receipt thereof;
b. verify whether the request meets the formal requirements and, if necessary, request corrections;
c. assess whether other remedies have been sufficiently exhausted and, if necessary, make referrals (see further explanation below);
d. evaluate whether there is an offer that is unequivocally unlawful and/or otherwise in violation of legislation (including third-party rights) and whether, in its judgment, this justifies disabling the offer (see further explanation below);
e. disable the offer or make adjustments, or reject the request (see further explanation below).
3. If the reporter has not contacted the external seller directly, S’whales forwards the request (including the name of the reporter) to the external seller with a two working day deadline for response and informs the reporter about the forwarding. S’whales conveys the response from the external seller to the reporter. If the reporter agrees with the response, the request is considered resolved, and S’whales communicates this to the external seller. If there is no response from the external seller within two working days, S’whales may proceed to remove the listing immediately. If the external seller is unwilling to remove/modify the listing and provides sufficient justification, S’whales follows steps d and e.
4. S’whales will only disable the listing if it determines that it is unequivocally unlawful and/or otherwise in violation of legislation (including third-party rights) and deems it sufficiently severe to justify the disabling of the listing in its judgment. S’whales will conduct this assessment diligently and to the best of its ability. However, S’whales is not obligated to take action against the listing that is unlawful and/or otherwise in violation of legislation (including third-party rights), and it is entirely at its discretion not to intervene for reasons it deems fit.
5. S’whales will only give effect to a request to disable a listing if the reporter indemnifies S’whales, and all parties involved, against any damage suffered by S’whales or the parties involved as a result of the (temporary) disabling of the relevant listing. S’whales may also impose additional conditions on the approval of a request. If S’whales rejects the request, it will communicate this decision to the requester.
6. If, in the opinion of the reporter, there is a matter of urgent reporting or an emergency situation, S’whales will go through the above points within two working days. The reporter is required to provide a justification for the urgent report. Based on this justification, S’whales will determine whether the request will be processed within two working days, and S’whales (if applicable) will grant the external seller, not two, but one working day to assess the report and respond.
7. S’whales will complete the entire procedure as described above within a maximum of 15 working days.
Changes to this procedure
S’whales may modify or update this Abuse Report & Takedown Procedure from time to time. We will notify you of any changes by posting the new procedure policy on this page. You are advised to review this Abuse Report & Takedown Procedure periodically for any changes. Changes to this procedure are effective when they are posted on this page.
Browse Topics
We connect people who want to do
better for the planet, at their level.
Browse Products
Sell with S'whales
Your Account
Do you need help?
We connect people who want to do
better for the planet, at their level.
Browse Products
Sell with S'whales
Your Account
Do you need help?
