Terms & Conditions for Purchasing from Other Sellers

Terms & Conditions for Purchasing from Other Sellers of S’whales B.V. If there are discrepancies, the Dutch version of this page shall prevail.

Version of December 27, 2023

We kindly request that you carefully read these terms and conditions. By purchasing as a customer via swhales.eu, you are agreeing to accept and comply with these terms and conditions.

Article 1 - Definitions

Environment: S’whales and any other application designated by S’whales.
Platform: the environment in which products are offered to Users by third parties.
User: every visitor to the Environment.
Other Seller(s): a third party, being a legal or natural person who offers products to Users via the Platform.
Customer: a User of the Environment who purchases a product via the Platform.
Purchase Agreement: the agreement concluded between the Other Seller and a Customer due to the Customer’s purchase of a product from the Other Seller via the Platform.

Article 2 - Applicability

These terms and conditions apply to the ordering and purchase of products from Other Sellers via the Platform (hereinafter: Terms and Conditions for purchasing from other sellers). These conditions can also be consulted on the S’whales Environment, see (www.swhales.eu).
Any Customer who places an order for a product offered by an Other Seller within the Area accepts the applicability of these Terms & Conditions for Purchasing from Other Sellers.
The provisions of these Conditions for purchasing from other sellers can only be deviated from in writing, in which case the other provisions will remain in full force.
These Terms & Conditions for Purchasing from Other Sellers apply to both consumer and business buyers.
All rights and claims, as stipulated in these Terms & Conditions for Purchasing from Other Sellers and in any further agreements on behalf of S’whales, are also stipulated on behalf of the intermediaries and other third parties engaged by S’whales, including expressly the Other Seller(s)).
S’whales has the right to change these Terms and Conditions for purchasing from other sellers from time to time. The amended terms and conditions will apply as soon as they are published on the site. If a buyer subsequently places an order for a product as offered by an Other Seller, he thereby accepts the applicability of the amended Conditions of purchasing from other sellers. It is therefore advisable to consult these Terms & Conditions for Purchasing from Other Sellers before placing an order for a product from an Other Seller.

Article 3 - Customer Account

The Customer must meet at least the following requirements:

a. the Customer must have a Customer Account with S’whales;
b. the Customer is at least 18 years old;
c. the Customer can be reached by e-mail.

2. S’whales is at all times entitled not to process certain orders for items from Other Sellers or to attach conditions to them.
3. The Customer is responsible for the use made of his username and password. S’whales therefore advises the Customer to use a unique password and to keep this password carefully confidential.
4. The Customer is not entitled to allow others to use his account.
5. The Customer agrees to act in accordance with the Conditions for purchasing from other sellers and all applicable laws and regulations.
6. The Customer is responsible for the accuracy of the data in his own account.

Article 4 - Third party offers

The Customer acknowledges that the purchase agreement is concluded between the Customer and the Other Seller (the third party that offers the product(s) for sale via the Environment) and that S’whales is and/or will not be a party to this agreement.
For questions and/or complaints about the products purchased by the Customer from Other Sellers, the Customer must always contact the relevant Other Seller directly. The buyer acknowledges that he/she cannot rely on S’whales in these cases and S’whales is not liable in any way, including but not limited to any defectiveness of the purchased product.

Article 5 - Order and delivery

A Customer can place an order for a product offered by Another Seller via the normal ordering process at S’whales.
The Customer will receive a packing slip from the Other Seller.
Ownership of delivered items will only be transferred if the Customer has paid all that the buyer owes to the Other Seller with regard to the order in question.

Article 6 - Compensation and payment

If the Customer purchases a second-hand product from another Seller, the Customer owes a service contribution of € 1.99 for the Customer’s use of the Platform on which the Purchase Agreement is concluded, which amount will be charged by S’whales in addition to the purchase price. The Customer is charged, and as such forms part of the invoice, and benefits S’whales.
The Customer owes S’whales the purchase price of the product purchased via the Platform from the Other Seller and is not discharged of his payment obligation by direct payment to the Other Seller. Payment by the Customer can only be made to S’whales.
If the Customer does not fulfill his payment obligation(s) on time, after he has been informed by S’whales of the late payment and S’whales has granted the Customer a period of 14 days, starting the day after receipt of the reminder to still meet its payment obligations, after failure to pay within this 14-day period, statutory interest will be due on the amount still owed and S’whales is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. S’whales may deviate from the stated amounts and percentages for the benefit of the Customer.
The Customer is allowed to redeem S’whales gift vouchers and/or discount codes when purchasing products from Other Sellers.
Other Seller has irrevocably granted S’whales the right to exercise the collection rights arising from the purchase agreement between the Customer and the Other Seller on behalf of S’whales and to the exclusion of the Other Seller.
S’whales will handle claims against the Customer in accordance with its normal collection policy.

Article 7 - Provisions only applicable when purchasing from Other Seller(s) being a legal entity

If a Customer purchases a product via the Platform from Another Seller, being a legal entity (so-called business seller), then:
- the Customer undertakes to read and accept the General Terms and Conditions for Business Sales via S’whales of the relevant Other Seller(s) from whom he or she purchases one or more products via the Platform;
- an order for a product will subsequently be processed in accordance with the provisions of the General Terms and Conditions for Business Sales via S’whales of the relevant Other Seller;
- the Customer is entitled to return an order within the period set by the Other Seller in its General Terms and Conditions for Business Sales via S’whales (‘right of withdrawal’), taking into account the provisions of Article 8.2 of these General Terms and Conditions, under the conditions as included in the relevant General Terms and Conditions for Business Sales via S’whales of Other Seller.
To facilitate the handling of a return shipment, the Customer will inform S’whales of the return shipment prior to the return shipment by using the returns button next to the item in his order status. The Customer will make every effort to return the item to the relevant Other Seller within 24 hours after the Customer has reported the return to S’whales.
If the Customer has already paid an amount, S’whales will refund this amount as soon as possible, but no later than within 14 days after the cancellation. Unless the Other Seller offers to collect the product himself, S’whales may wait for the refund until the Other Seller has received the product or until the Customer has demonstrated that he has returned the product, whichever is the earlier.
If an Other Seller, being a legal entity, has not accepted an order three (3) days after the final delivery date, S’whales will inform the Customer that his order has not been accepted and any payment already received by S’whales in this regard return.

Article 8 - Information and use of data

The Customer will carefully monitor his e-mail so that the Customer can take note of information sent to the Customer by S’whales and/or the Other Seller in a timely manner.
S’whales is not liable for information not being delivered on time or clearly or for obvious mistakes, regardless of who the information comes from or to whom this information is provided.
Customer declares to be aware of and to agree that his name and address details, e-mail address and telephone number will be provided to the Other Seller insofar as these are necessary to execute the Purchase Agreement/order or if the Customer has given permission for this datum. The Other Seller is only entitled to use the Customer’s data to the extent this is necessary in the context of handling and executing the Purchase Agreement/order or when the Customer has given permission for the use of the data.
The Customer acknowledges that an evaluation system is part of the sales process. The Customer will be invited to this by email. The Customer declares that if he participates in the evaluation system, he will do so in good faith. The Customer guarantees that all information provided by him is correct and not misleading. The Customer will refrain from providing and/or mentioning offensive, threatening and/or defamatory information. S’whales is at all times entitled not to include a review on the site or to remove it if the Other Seller demonstrates that a review is contrary to legislation or regulations, public order and/or good morals, is solely a product review or is not about the correct Other Seller, contains any personal data(s) or a URL, or is fraudulent.

Article 9 - Email communication between the Customer and the Other Seller

S’whales has built an e-mail application for the purpose of communication between the Customer and the Other Seller (including the Other Seller’s after-sales obligations), which allows both the Customer and the Other Seller to contact each other via e-mail through their respective accounts. This does not affect the Customer’s right to contact the Other Seller by telephone.
All communication via this e-mail application is stored by S’whales on its servers and can be viewed and used by S’whales to:
- to support the Customer and/or the Other Seller in case of questions and/or problems;
- to assess whether the Other Seller meets the requirements set for it; and
- analyze process improvements.
The Customer agrees to every use of the e-mail application and gives S’whales permission to store, view and use the communication in accordance with the provisions of paragraph 2 of this article.
The communication that takes place via this e-mail application will be kept by S’whales for a maximum of two years.

Article 10 - Role of S'whales

S’whales only offers a service in the form of making an online platform available that enables Other Sellers to offer, buy and sell products through the Environment. S’whales is and will not be a party to the (Purchase) Agreement between the Customer and the Other Seller that is concluded via the Environment. S’whales therefore does not know whether Other Sellers will actually and fully implement the (Purchase) Agreement and purchase the Terms and Conditions for purchasing from other sellers. A Customer cannot therefore demand compliance with such (Purchase) Agreements from S’whales.
S’whales is not involved in preparing the data provided by the Other Sellers. S’whales passes on this data unseen and unchanged and therefore does not know whether the data is correct.
S’whales makes every effort to ensure that the site and the account function properly, but the site or the account may not be available at all times.

Article 11 - Miscellaneous

S’whales is entitled to limit, not grant or withdraw certain privileges or to block the use of the account or to deny or limit the ability to order items from Other Sellers via S’whales, depending on a Customer’s trading history; This is solely at the discretion of S’whales.
If S’whales allows deviations from the Conditions of purchasing from other sellers for a short or longer period of time, whether tacitly or not, this does not affect its right to demand immediate and strict compliance with the Conditions of purchasing from other sellers. The Customer can never assert any rights based on the fact that S’whales applies the Conditions of purchasing from other sellers flexibly at any time.
If one or more of the provisions of the Terms and Conditions for Purchasing from Other Sellers or of the procedural rules should be in conflict with any applicable legal provision, the provision in question shall lapse and shall be replaced by a new legally permissible provision to be determined by S’whales, as far as possible with due observance of the purport of the provision in question.
S’whales is at all times entitled to no longer make available the functionalities for the offerings of Other Sellers on the S’whales website.

Article 12 - Applicable law

The Terms and Conditions for Purchasing from Other Sellers, the purchase/sale of items by Other Sellers via the S’whales website and the Purchase Agreement between the buyer and the Other Seller are exclusively governed by Dutch law. All disputes between parties will be submitted to the competent court.

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