Keep The Label to platforma ekspercka dla osób zainteresowanych kupnem i sprzedażą używanej markowej odzieży i akcesoriów z certyfikatem autentyczności.

TERMS AND CONDITIONS

I. GENERAL PROVISIONS

Article 1. DEFINITIONS

The terms, used in the hereby text, mean:

Keep the Label

Paulina Zajdecka-Śliwa, conducting business under the name: Keep the Label Paulina Zajdecka-Śliwa, with its registered office in Koszalin at Nowowiejskiego street 7, lok. 23, 75-587 Koszalin, with tax identification number 1132644663, REGON 141256894, postal address: ul. Mokotowska 43/410, 00-551Warszawa.

TERMS AND CONDITIONS

The hereby document.

Keepthelabel website

ran by Keep the Label, under the conditions, defined in the Terms and Conditions, an open on-line trade platform, available at://keepthelabel.com

REGISTRATION

A procedure of setting-up an account.

ACCOUNT

A set of resources, provided for the User by Keep the Label under a unique name (login), where the User’s data and information on his activities are stored.

USER

A subject with access to the services, offered by Keep the Label within keepthelabel, under the conditions, defined in these Terms and Conditions.

SELLER

A User, undertaking activities with an intention of selling or having sold Products.

BUYER

User, undertaking activities with an intention of buying or having bought Products.

PRODUCT

An item, being the subject of the Offer.

OFFER

A proposal for conclusion of a contract of sale of products under the conditions, defined by the Seller, in particular, containing the price and description of the offered product, by means and within the functionalities, available under keepthelabel.

TRANSACTIONS

Procedures of concluding and executing contracts of sale of goods between the Users.

NEWSLETTER

Information, including trade information in terms of the Act of July 18, 2002 on Act on Provision of Services by Electronic Means (Journal of Laws of 2002, no. 144, item 1204, as amended), provided by Keep the Label, sent to the User via the electronic means of communication.

CONSUMER

A Consumer is considered a natural person, entering a legal action with the Seller, not directly related to their economic or professional activity.

Article 2. CONDITIONS

2.1.

Users can be natural persons over 18 years of age and with a full ability to perform legal actions, or legal persons or organizational units without legal personality, conducting in their own name an economic or professional activity and entering legal actions.

2.2.

Users register on the website via a special form by entering specified data (first name, last name, password, gender, country of residence and an e-mail address), which enables them to buy and sell products.

2.3.

After signing in, the User may provide in the “Information” tab additional data, such as: home address, postal address, company, VAT number, and their bank account number, as well as update the mentioned data on regular basis. It is forbidden to provide incomplete or false data. In case of not providing the data, the User will be asked to provide the above data during the purchase process on keepthelabel.

2.4.

The User gains access to the keepthelabel Account after entering the e-mail address and the password (signing in). Signing in to keepthelabel via automated solutions and other services, cooperating with Keep the Label, including social media services, produces the same effects as signing in directly on the website.

2.5.

The User gains access to the keepthelabel Account after entering the e-mail address and the password. Using automated solutions, especially sign-in software, is done at the sole risk of the User.

2.6.

The User may register more than one Account, provided that each account is assigned to a different e-mail address. The User must not use the Accounts for performing acts, which violate the provisions of these Terms and Conditions. It is unacceptable, in particular, to conclude contracts of sale of Products within the Sellers’ own Offers, with family members or persons, living with the User or other subjects, with whom the Buyer remains in relations, which may cause reasonable doubts that they act in concert as to affect the results of the Transaction, contrary to the law or the accepted principles of morality.

2.7.

The User must not use Accounts of other Users, as well as make their account available to other persons, except sharing the Company Accounts with persons, properly authorized to act on their behalf.

2.8.

Accounts are not transferable.

2.9.

Should Keep the Label have reasonable suspicions on the safety of the Account or the Transactions, and in particular, an unauthorized interception of the Account by another person, Keep the Label may:

a. condition the usage of keepthelabel on the User’s confirmation of their credibility, including identity, with appropriate documents,

b. temporarily limit the access to particular services, offered under keepthelabel,

c. suspend infinitely or definitely the User’s Account.

After the abovementioned circumstances no longer obtain, Keep the Label will remove the limitations, imposed upon the User.

2.10.

Within 14 days from concluding the contract, mentioned in art. 2.5, the User may withdraw from the contract without providing reasons. The terms of withdrawing from the contract, including a template form of withdrawing from the contract, which the User may use, can be found in the Appendix to these Terms and Conditions. The right of withdrawal from the contract does not apply to Users, who set up an Offer, bought the Product or have any debts to Keep the Label due to the offered services.

2.11.

Through an appropriate form using their e-mail address, the User may provide a new password to their User’s Account.

II. TRANSACTIONS

Article 3. OFFERS

3.1.

By defining the Offer’s terms, the Seller may provide the Users the following modes of concluding a contract of sale within keepthelabel,:

a. Only with the option “Add to Cart”, where the Seller offers the sale of Product for a pre-defined price.

b. “Negotiate the Price”, where the Seller by auctioning the Product invites the Buyers to make offers in order to conclude a contract. This mode may only include one Product. Within this Offer mode the Seller must define the “Add to Cart” mode.

3.2.

In the “Negotiate the Price” mode the Seller is not bound by the offers, made by Buyers, and concluding a contract in this mode is strictly at their disposal.

3.3.

The Offer, made by the Buyer in the “Negotiate the Price” mode becomes invalid upon the Buyer receiving information from the Seller on not accepting the offer (rejecting the offer), but not later than within 3 (three) business days from making the Offer. The Seller receives the information on the Offer to his e-mail address and can accept or reject the offer the same way.

Article 4. BANNED GOODS

4.1.

The Sellers undertakes not to auction Products, the trade of which violates the applicable law or the rights of third parties (in particular, copyrights and other intellectual property rights), or auctioning of which may be considered a violation of accepted principles of morality. Also, it is forbidden to sell used lingerie or used bathing suits.

4.2.

The items, mentioned in art. 4.1 above, must not be offered as a complimentary gift to other Products.

Article 5. STARTING A TRANSACTION

5.1.

The Seller prepares an Offer by filling out the sale form, available at keepthelabel, defining the general Transaction terms. Information contained within the Offer may only refer to the offered item.

5.2.

The contents of the Offer should be accurate and complete, and it cannot mislead other Users, particularly in terms of such attributes of the Products, as: their condition, quality, origin, brand or producer. The contents of the Offer should comply with the applicable law, and particularly contain information, resulting from the applicable law on consumer rights protection, and contain the gross price in PLN or Euros (including the tax on goods on services), and the Seller who is not a Consumer is obliged to disclose the Return Policy. In the Sale form the User cannot disclose their personal or any contact data. The User is fully liable for the content, presented in the Offer, including all mistakes and inaccuracies.

5.3.

Notwithstanding the provisions of art. 4.1, the Seller states that he is entitled to and able to conclude and execute the contract with the Buyer.

5.4.

Performing actions, mentioned in art. 5.1, the Seller contracts Keep the Label to publish the Offer. Publication of the offers follows a preliminary verification of the Product’s authenticity, which does not entitle the Buyers to any claims. In case of a negative preliminary authenticity verification of the Product, Keep the Label may require the Seller to provide documents, proving the authenticity of the Product. Failure to submit these documents within 2 (two) business days results in withdrawing the Seller’s offer. Sellers with a verified status are not subject to the preliminary verification. This status is awarded by Keep the Label on its discretion based on the Seller’s current transactions.

5.5.

From the moment of publishing the Offer, the Seller is bound by its contents. The Seller may change the contents of the Offer until the first offer in the “Negotiate the Price” mode is made. In case of an Offer with an “Add to Cart” option, the Seller cannot make an effective change of its contents against the Buyers, with whom he has concluded a contract of sale within the Offer. Upon publishing the Offer, the Seller consents to using its contents (description and pictures) in whole or in parts for promotional and marketing purposes both in keepthelabel, as well as for the purposes of Keep the Label’s cooperation with the third parties.

5.6.

Within keepthelabel the Buyers pay for the purchased Product via the provided payment services (PayU and PayPal). The User is obliged to make a payment within 1 (one) calendar day at the latest (respecting Saturdays, Sundays and public holidays, within the meaning of the Non-Working Days Act (Journal of Laws of 2015, item 90, as amended)), following the date on which the contract was concluded. Keep the Label reserves the right to cancel the purchase, violating the conditions, defined in the previous sentence (the resolutive condition).

5.7.

The Offer needs to be placed in the category (group), matching the specification of the Product. What is more, before auctioning the product, the Seller needs to define the bank account, to which the payment for the product will be transferred, provide the price of purchase (or an estimated price, if the Seller has not purchased the product directly), and the gross selling price.

Article 6. COURSE OF THE TRANSACTION

6.1.

Having accepted the terms, presented by the Seller in the Offer, to make a purchase through the “Negotiate the Price” option or the “Add to Cart” option, the User needs to fill out the proper form on the Offer page and confirms the selection.

6.2.

Upon making the offer or using the “Add to Cart” option, the Seller receives information about this action.

6.3.

While publishing the Offer, the Users can, via an appropriate form by keepthelabel, ask the Seller questions about the particular Offer. The contents of the question are automatically sent to the Seller’s e-mail address.

6.4.

The offeror declares a price he is obliged to pay for the Product once the Seller accepts the Offer.

6.5.

Offers, made by bidders, are binding, unless the Seller rejects them in the mode, mentioned in art. 3.3. above.

6.6.

A proposal for concluding a contract with the Seller, made by the Buyer, whose account has been suspended before accepting the offers, stops binding. Information on suspending the Account will be sent by e-mail.

6.7.

The Offer comes to an end when its time, specified in the Seller’s terms, expires, or when a contract is concluded in the “Add to Cart” mode.

6.8.

The price for the Product should be specified in accordance with the applicable law.

Article 7. CONCLUDING A CONTRACT WITHIN THE OFFER

7.1.

Keep the Label is not a contractual partner to the contract of sales, concluded between the Users, and does not guarantee that the Sellers and the Buyers are entitled to conclude such contracts.

7.2.

The contract of sale is concluded with the Buyer, whose offer is accepted, subject to the condition, provided in art. 7.9 below.

7.3.

The Buyer, by using the “Add to Cart” option, concludes a contract with the Seller, confirming the purchase with the “CONFIRM THE ORDER AND PROCEED TO CHECK-OUT”, or upon accepting the offer within the “Negotiate the Price” mode, subject to the condition, provided in art. 7.9 below.

7.4.

Confirmation of concluding the contract between the Buyer and the Seller is automatically sent by e-mail and is for information purposes only.

7.5.

Keep the Label serves as an intermediary between the parties in the process of concluding the contract, therefore it is not obliged to disclose the personal data of the other party. Keep the Label may disclose the data of the Buyer to the Sellers, who are entrepreneurs, for the implementation of their obligations, resulting from the applicable law.

7.6.

Because of the concluded contract, the Buyer makes a payment for the Product via Keep the Label in such a way that the Seller authorizes Keep the Label to receive on its behalf the payment, connected with the concluded transaction. Keep the Label is entitled to lessen the received amount by the amount due.

7.7.

The Seller is obliged to send the Product to the address, received from Keep the Label, not later that within 2 (two) business days from the conclusion of the contract.

7.8.

The Seller, who is not a consumer, is obliged to accept returns in accordance with the applicable law. The detailed returns procedure is discussed in the further part of the Terms and Conditions.

7.9.

Upon receiving the Product, Keep the Label makes a proper authenticity verification and a verification of conformity with the description, contained in the Offer. The Products, which pass the proper verification, are sent to the Buyers, and the selling price is transferred to the Sellers, subject to other conditions of the hereby Terms and Conditions. Products, which do not pass the proper verification, are returned to the Sellers, and the selling price is returned to the Buyers (the sale contract resolutive condition). If the results of the verification are negative, the Seller is obliged to cover the verification expenses in the amount of 15 PLN, and Keep the Label is entitled to detain the Goods until receiving the due amounts. In case of using the option of verification of authenticity and conformity with the description, contained in the Offer, the contract is concluded upon transferring the funds by Keep the Label to the Seller (suspensory condition).

7.10.

Products, verified by Keep the Label, receive proper markings, which enable their proper usage until the markings are removed. The Sellers, who are not Consumers, may make the acceptance of returns within 14 days subject to not removing the markings, mentioned in the previous sentence.

7.11.

When making a purchase, a consumer who concluded a distance contract with the Seller, who is an entrepreneur, may withdraw from such contract without providing the reasons, making a suitable statement in writing within 14 (fourteen) days from the delivery of Products. To effectively withdraw from the contract, it is enough to send to Keep the Label or the Seller prior to the lapse of the above-mentioned term a signed statement on withdrawing from the contract. The Consumer may, but is not obliged, use the statement template, which forms an appendix to these Terms and Conditions. The Consumer may send the signed statement to Keep the Label in a form of a scan via e-mail, or the original by post. Keep the Label will immediately forward the statement’s scan/copy to the Seller.

7.12.

In case of an effective withdrawal from the contract, the contract is considered not concluded, and the Buyer is discharged from all obligations. The Product should be returned immediately, preferably together with the withdrawal statement, or separately, but not later than within 14 (fourteen) days from sending the withdrawal from the contract statement. The Buyer should attach to the parcel with the returned Product the original of the signed statement on withdrawal from the contract, unless the statement had been sent earlier.

7.13.

The returned Product should remain in an unchanged state, unless the change was necessary to determine the nature, characteristics and the functioning of the Product and did not go beyond the customary usage of the Product, subject to provisions of 7.10. above. The Buyer should return the Products in the same quantity and quality they were received (subject to the previous sentence). In particular, the Buyer should attach to the Product all its elements, accessories, manuals, conditions of use and other documents, as well as the proof of purchase. It is recommended the returned Products are packed in the original packaging, unless it was removed to determine the nature, characteristics and the functioning of the Products and did not go beyond the customary usage of the Products. In such case the Buyer should ensure that the Products are packed safely to avoid damages in transport. Prior to sending, the parcel should be properly addressed to Keep the Label.

7.14.

The reimbursement of the Product’s price, paid by the Buyer, will occur within 14 (fourteen) days from receiving the Buyer’s statement on withdrawing from the Contract and the Product itself via the same method of payment used by the Buyer. The above sentence does not apply to the situation, when the Buyer has paid for the purchase via companies, providing such payment services. Then the Seller shall reimburse the acquired funds via Keep the Label to the bank account, specified by the Buyer. In such case the Seller is obliged within 3 (three) days from receiving from Keep the Label the Buyer’s statement on withdrawal from the contract of sale, to reimburse the selling price to Keep the Label, which will then forward the funds to the Buyer. Keep the Label is obliged to send the Buyer the money received from the Seller, after deducting 15 PLN for the postage.

Article 8. ROLE OF Keep the Label

8.1.

Keep the Label is not responsible for the Users’ conduct within Keep the Label, or for the improper performance or non-fulfilment of the contracts, concluded within the Transactions, as well as any consequences of the actions, undertaken by the Users or the third parties, constituting the violation of the Terms and Conditions. In particular, Keep the Label is not liable for quality, safety and legality of the Products, sold within the Offer, the Sellers’ capacity to sell, the solvency of the Buyers and the accuracy and reliability of the information, provided by the Users. Keep the Label is liable accordingly to the applicable law, and, if it has assumed such liability, then also accordingly to the provisions of the hereby Terms and Conditions.

8.2.

In case when the Offer violates the provisions of the Terms and Conditions and the applicable law, Keep the Label may:

a. change the category of products, chosen by the Seller, in which the Offer has been listed,

b. deactivate earlier or remove the Offer, however the contract concluded between the Users within the Offer remains valid.

8.3.

Keep the Label may verify the Users’ compliance with the Terms and Conditions. The verification consists mainly in contacting the User and following up.

8.4.

In case the User’s actions violate the provisions of the Terms and Conditions, Keep the Label, depending on the type, scale and the circumstances of the violation may:

a. reprimand the User via e-mail,

b. issue a warning to the User via e-mail,

c. temporarily limit the User’s access to particular functions,

d. condition the usage of www.keepthelabel.com on the User’s confirmation of the fact of fulfilling the contract, concluded within the Transaction,

e. suspend finitely or indefinitely one, few or all accounts of the User.

8.5.

The User is fully liable for their actions and omissions, connected with using www.keepthelabel.com, in particular may bear liability to damages to Keep the Label or other Users.

8.6.

In case of suspending the Account, the User shall have limited access to his Account.

8.7.

The User, whose Account has been suspended or the functionality has been limited, may not register a new Account or use another Account without the prior consent of Keep the Label.

Article 9. FEES AND COMMISSIONS

9.1.

The services provided by Keep the Label within www.keepthelabel.com are subject to payment. All fees and commissions are charged to the Seller. The liabilities are charged on ongoing basis and deducted from the amounts, paid to the Seller due to the received price for the product. The Seller agrees for the deduction of the remuneration, payable to Keep the Label, from the payables from the Buyer.

9.2.

For its services, provided within www.keepthelabel.com, Keep the Label issues invoices for the data, contained within the Account, whilst on demand of the Users, who are not Consumers.

9.3.

The value of the fees and commissions for all services, the charging procedures, the method of calculation and the rules for awarding transaction discounts to the payables for the services, provided by Keep the Label in each month, the method of calculation, as well as the rules for issuing and sending invoices are governed by the Appendix to these Terms and Conditions. In case when the Appendix to these Terms and Conditions has not been established, Keep the Label shall charge 20% gross commission from the selling price from each transaction. The commission cannot amount to less than 1 PLN.

Article 10. OTHER USER RESPONSIBILITIES

10.1.

All actions, undertaken by the User within www.keepthelabel.com should be compliant with the accepted principles of morality and the applicable law, including the consumer protection laws. The User must not undertake any actions, which negatively affect the safety of functioning of www.keepthelabel.com or harm the Users otherwise.

10.2.

The User is obliged to explain to Keep the Label the accuracy of executing the contract between the Buyer and the Seller. The Seller is obliged to provide Keep the Label with answers and clear explanations.

10.3.

All materials, including elements of graphics, the layout and composition of these elements, trademarks and other information, available at www.keepthelabel.com are subject to copyright of Keep the Label and the Users.

10.4.

Collecting or using in any format the materials, available on www.keepthelabel.com always requires explicit consent of Keep the Label and cannot violate the provisions of these Terms and Conditions and the applicable law, as well as the interests of Keep the Label and the Users.

III. FINAL PRIVISIONS

Article 11. PRIVACY AND CONFIDENTIALITY

11.1.

Keep the Label will process the personal data, provided by the Users in designated places, accordingly to the applicable law, as well as the Privacy Policy, contained in the Appendix to these Terms and Conditions.

11.2.

The personal data of Users shall be revealed to other Users only in cases, provided for in the Terms and Conditions, connected with executing Transactions and other cases, with the previous consent of the data subject.

11.3.

The User shall not disclose to third parties the data of other Users, received from Keep the Label while to using www.keepthelabel.com, unless receiving prior consent from the data subject. In particular it is forbidden to use such information for commercial purposes.

11.4.

Keep the Label reserves the right to filter and detain messages, sent by the Users within the available tools, in particular if they contain spam, their contents violate these Rules and Regulations, or they jeopardize the safety of the Users in any way.

11.5.

The User may give prior consent for receiving the Newsletter by accepting a proper clause. Giving consent, mentioned in the previous sentence, is voluntary and does not condition the usage of www.keepthelabel.com.

Article 12. CHANGES IN TERMS AND CONDITIONS

12.1.

Keep the Label is entitled to introduce any changes in these Terms and Conditions and they will become effective at the date, specified by Keep the Label. This date cannot be shorter than 7 (seven) days of the moment of making the amended Terms and Conditions, available to the Users.

12.2.

Upon first signing-in at www.keepthelabel.com the User, starting from the date of the changes becoming effective, shall be informed of such changes and the possibility of accepting them. Also, the automatic renewing of the Offer by the User shall be deemed acceptance, even without signing-in. In case of lack of acceptance, in order to terminate the contract, the User should immediately inform Keep the Label.

Article 13. TERMINATING THE CONTRACT

13.1.

Services within www.keepthelabel.com are of perpetual nature, subject to the provisions, laid down below in the hereby article.

13.2.

The User may at any time terminate the contract, concluded with Keep the Label, for the appointed Account by filling out an appropriate form.

Article 14. CONTACT AND COMPLAINT PROCEEDINGS

14.1.

The User may contact Keep the Label about the services, offered by electronic means on the basis of these Terms and Conditions in:

a. a written form at the address: ul. Radna 2/4, lok. 28, 00-341 Warszawa.

b. an electronic form (e.g. by choosing a topic in the contact form on the website).

14.2.

Keep the Label may contact the User:

a. in a written form at the address, provided by the User,

b. in an electronic form at the e-mail address, provided by the User,

c. by the phone at the number, provided by the User.

14.3.

In case when according to the User Keep the Label does not carry out the services, defined in these Terms and Conditions, or are carried out contrary to these Terms and Conditions, the User may make reservations in the way, described below (Complaints).

14.4.

The User can make a complaint in an electronic form via a contact form, or in a written form. The Complaint should at least contain the User’s e-mail (login), the description of the reservations and the proposed solution of the Complaint.

14.5.

Keep the Label shall handle the Complaint within 14 (fourteen) days from receiving it. In case when the Complaint does not contain all the data, necessary for handling it, Keep the Label shall address the User, submitting the complaint, to provide the missing information, and the 14 (fourteen) days shall run from the moment the missing information were provided.

14.6.

Response to the Complaint shall be sent exclusively to the e-mail address, assigned to the User’s Account. In particularly justified cases Keep the Label may send the response in a written form to the postal address, provided in the Complaint.

14.7.

The User has the right to appeal against any decision, made by Keep the Label within the Complaint (Appeal). The aforementioned stipulations are applied accordingly.

Article 15. APPLICABLE LAW AND DISPUTES

The applicable law for the contract between the User and Keep the Label, the subject of which are services, provided by Keep the Label within www.keepthelabel.com on conditions, defined in these Terms and Conditions, is the Polish law. All disputes, connected with the services, provided by Keep the Label within www.keepthelabel.com shall be resolved by Polish common courts of law of proper jurisdiction. The User, who is a consumer, may use the out-of-court dispute settlement procedures and seek redress at the Permanent Consumer Arbitration Court of the State Trade Inspection in Warsaw. Information on as to how access the abovementioned mode and procedures of resolving disputes can be found at: http://www.uokik.gov.pl, in the “Resolving consumer disputes” tab. The User, who is a consumer, may also use the EU on-line platform ODR, available at: http://ec.europa.eu/consumers/odr/.

Article 16. APPENDICES

18.1.

These Terms and Conditions contain appendices, forming an integral part of thereof.

1) A model withdrawal form
2) An authenticity certificate

Article 17. VALIDITY

If any of the provisions of these Terms and Conditions shall be considered invalid by a final and non-revisable decision of the court, the other provisions shall remain in force and effect.