These terms of use were last updated on 14 November 2019.

Terms of use

 

1 Contractual relationship

These terms of use for Reshopper (hereinafter “the Terms of Use”) regulate access to and the use of the application “Reshopper” and website “www.reshopper.com”, along with the content and functionality provided for the same, ref. section 3 (collectively referred to as “Reshopper”).

These Terms of Use apply to the relationship between

Reshopper ApS
Business registration number: 34711763
Inge Lehmanns Gade 10, 6. sal, 8000 Aarhus C, Danmark
[email protected]
(Hereinafter “the Company”)

and

you as a user of Reshopper.

The use of “you” refers to any private user of Reshopper, regardless of whether buyer or seller.

In connection to these Terms of Use, the Company’s data protection policy applies to the processing of personal data and is accessible here.

Your access to and use of Reshopper comprises your consent to be bound by the Terms of Use and the data protection policy which create the contractual relationship between you and the Company. It is therefore a condition of any form of use of Reshopper that you consent to be bound by the Terms of Use and data protection policy.

2 Reshopper

Reshopper is an online platform enabling contact between private buyers and sellers of used goods for children, the home and mothers. Reshopper can only be used for the buying and selling of goods between private persons on a non-commercial basis. The sale of new/used goods bought or produced for retail sale and intended to create financial gain for private individuals is regarded in this context as having a commercial purpose.

The Company provides the technical functionality and means to enable contact between buyer and seller. The fact that the Company provides access to Reshopper does not imply that the Company becomes party to any contractual relationship that may be established between users of Reshopper. Any agreement to buy or sell reached between users via Reshopper is not the concern of the Company, and the Company is not considered to be party to such agreements in any way.

Whenever using Reshopper, you accept that no claim can be made against the Company in relation to the agreements you make with other users via Reshopper.

The users of Reshopper shall agree themselves the price of the goods one user undertakes to provide to another user.

3 Using Reshopper and right of use

To be able to open an account on Reshopper, you must be able to enter into agreements for any goods you may bid for, or offer for sale. That means that you must be at least 15 years old and the right to manage your own money.

When creating your user profile on Reshopper, you will be asked to submit certain personal details to the Company. These can include your name, address, age, telephone number, email address and payment details. Please note that you must ensure that such details are always correct and updated.

When opening an account on Reshopper you acknowledge that:

  • you are 15 years old at the time you become a user;
  • you will not use Reshopper for commercial purposes;
  • you will observe the Terms of Use;
  • you will observe local rules and laws, including the good and fair marketing practices for on online marketing;
  • the user details submitted are correct.
    Upon accepting these Terms of Use, the Company will grant you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to use Reshopper in the version available and in accordance with the Terms of Use. Your access to and use of Reshopper is personal, and others cannot use your user profile to buy or sell goods via Reshopper.

You cannot undertake (or attempt to undertake) any of the following:

  • copy, reproduce, alter or create derivatives based on, distribute, license, lease, sell, resell, transfer, transmit or in any other manner user the services contained in Reshopper, except when specifically permitted by the Company in pursuance of the Terms of Use;
  • decompile, reverse engineer or dismantle the services contained in Reshopper with the exception of what is permitted according to mandatory law;
  • “mirror” or “frame” any of the services in Reshopper;
  • create or launch any program or script with the intention of “scraping”, indexing, “surveying” or any other form of “data mining” any part of the services in Reshopper, or unreasonably burden or prevent the operation and/or function of any part of the services in Reshopper;
  • attempt to gain unauthorised entry to or impair any part of the services in Reshopper or its related systems or networks.

Setting up an advertisement
When setting up an advertisement on Reshopper, you will be asked to submit certain details of the goods you intend to sell. Such details can include price, size, photos and a description. Please note that the content of your advertisements will be any activity or communication performed as part of the transaction. Advertisements shall comply with national law and the Company’s rules in general, as described in the Terms of Use.

The Company has the right to all data and materials you upload or send in to Reshopper. The Company can therefore use all such data and materials to market your goods on Reshopper.

Unless you have an active Reshopper Plus Premium account, you can only use Reshopper to sell used second-hand goods for children, home or mothers.

Using Reshopper to sell animals or counterfeit products is forbidden.

You cannot use Reshopper to refer to or promote services that compete with or can be compared with Reshopper in any manner. This applies to similar online portals and to physical shops, stands at flea markets, on marketplaces, stock clearances etc.

When creating an advertisement, you acknowledge that:

  • you will sell the goods at the price offered and not allow a “bidding war”;
  • you will respond to all enquiries concerning the goods within a reasonable period of time;
  • the goods comply with the description you have uploaded or submitted to Reshopper;
  • you have all the rights necessary to upload or submit the content in question;
  • your advertisement is not of a commercial nature intended for financial gain;
  • the material or details you upload or submit are correct and do not represent 1) an infringement or abuse of any third party rights, 2) rights protected from public discourse or data protection, 3) or in some other manner will result in the breaking of a law or regulation and these Terms of Use.

We recommend that you check our FAQ for more details (can also be found at https://reshopperdk.helpscoutdocs.com/ ).

Entering into agreements
When buying or selling goods, the rules pertaining to the sale of goods apply. That means that if you make an offer to buy something, your offer to the seller is binding. The seller will also be bound in relation to the buyer. Whether you are a buyer or seller, when you enter into an agreement via Reshopper you are obliged to fulfil your undertakings in accordance with the agreement you have made, including to sell, receive payment and to deliver the goods sold to the buyer at the agreed price.

When entering into agreements to buy or sell, you undertake:

  • to sell/buy the goods at the price agreed, including agreeing a date for delivery/handover as soon as possible;
  • to inform other bidders when you are selling that the goods have been sold, e.g. by marking them as sold as soon as possible.

In principle, everything sold must be collected from the seller’s home address or the equivalent, e.g. their work address, unless the services for delivery offered via Reshopper are used.

Please show respect when using Reshopper
When using Reshopper, you must act in an orderly manner and respect the privacy of others.

You cannot therefore upload or submit offensive material or details that can be insulting, injurious, hateful, violent, obscene, pornographic, illegal or in any other way offensive.

The Company can (but is not obliged to) review, monitor or remove any material or details that are uploaded or submitted by you. The Company reserves the right without admitting liability or giving notice to delete advertisements and content that it believes do not comply with the Terms of Use.

The Company encourages its users to report insulting material etc., along with products or profiles that are deemed to be false or that give grounds for suspicion.

4 Closing or cancellation of your account

Your account will remain active until closed in accordance with the rules in this section.
You can close your account at any time by deleting your user profile via Reshopper. Please note that you cannot close your account simply by deleting the application from your device.
If you cancel your Reshopper Plus account, it will not be closed until the last day of the account period. You will then become a Reshopper Standard (Free) user, unless you have opted to delete your user profile completely. Please note that you will not be refunded any prepaid account fees, even if you cancel your Reshopper Plus account before the end of an account period, unless otherwise determined by law.
The Company can cancel and close your account without having to state any reason and solely at its own discretion by the end of the account period for your user profile.
The Company can opt to cancel your account immediately without notice or liability if it finds that you are breaking the Terms of Use.
The consequence of closing an account (regardless of reason) is that you will no longer be able to use Reshopper, and that your details will deleted, including advertisements, photos, descriptions etc., in accordance with the Company’s internal guidelines.

5 Payment

Unless you have a Reshopper Plus account, setting up a user profile and using Reshopper is free.
If you do have a Reshopper Plus account, the Company will bill you automatically prior to the start of a new account period via the form of payment you opted for when registering your account, unless you have closed it beforehand. Any purchase will be effective when payment has been processed. You can then begin to use the services provided according to your account.
Reshopper reserves the right to change the price for all Reshopper accounts at any time. If we do change the price for an account, you will be informed. Changed prices will come into effect at the start of the next account period after the date of the price change. By continuing to use your account after a price change comes into effect, you accept the new price.
You are responsible for ensuring that your payment details are correct. If we do not receive your payment for an account, the account will be closed and you will be unable to use the functionality and rights it provides.

6 Waiver of the right of canellation

This section applies to account services for making payments in particular.
When you sign up for an account payment service, e.g. Reshopper Plus, you are requesting the Company to immediately begin the provision of digital content to you, whereupon the 14 day right of cancellation no longer applies. You acknowledge and accept that your payment is for the provision of digital content for the full account period, and that you will not be entitled to cancel the purchase or receive a refund.

7 Ownership of Reshopper

The Company owns all rights to Reshopper. Your use of Reshopper gives you no rights apart from those set out in the Terms of Use.

8 The Company’s liability and limitation of the same

Your use of Reshopper is your own responsibility. Reshopper and the services it provides are provided on the basis of “as found” and “as available”. The Company provides no guarantees or declarations concerning the reliability, quality, suitability or availability of Reshopper, or any use of Reshopper. The Company cannot be held liable at any time for the behaviour, actions, information, descriptions or guarantees of users in connection with, before or after transactions made on Reshopper. The Company cannot be held liable at any time in accordance with, and will not accede to, undertakings for users if one of the parties is in breach of its undertakings. The Company cannot be held liable for checking the identity of any users, or whether goods sold on Reshopper or genuine.
The Company can change, suspend or discontinue any aspect of Reshopper at any time, including the availability of any function, database and/or content to which access is given by using Reshopper. The Company can also limit certain functions and services, or limit your access to parts or all of Reshopper’s services without liability. When such changes or suspensions will comprise the ending of the service, the Company can opt to refund part of your account payment.
The Company cannot be held liable at any time for any damage, liability or loss arising from your use of or trust in Reshopper or the services it may contain, nor any transaction or relationship between you and other users of Reshopper.
You agree to indemnify and relieve the Company of any liability and/or loss arising from breach or infringement of the Terms of Use by you.

9 Transfer of the rights to a third party

Your acceptance of these Terms of Use means that the Company can transfer its rights, including your consent to processing of your personal data and your user account with its advertisements, photos etc., and the Company’s undertakings in accordance with the Terms of Use to a new supplier, e.g. in connection with the sale of Reshopper, a merger or demerger of the Company.

10 Complaints and arbitration

If you wish to make complaint concerning Reshopper you may do so via EU Commission’s online portal ODR via https://www.ec.europa.eu/odr/. When submitting a complain via the ODR portal, state our email [[email protected]] as contact address.
If you are considering a complaint, we hope that you will contact us first, so that we can discuss the matter, and hopefully find a solution.
These Terms of Use are subject to Danish law, including for questions on their existence and applicability. Danish international private law that refers to foreign law does not apply (renvoi). The court of venue for any court proceedings is the Court in Aarhus, however subject to any rules on consumer court of venue which cannot by deviated from.

11 Communication and newsletter

If you have given your consent, the Company can share your details with third parties for marketing purposes.
If you agreed to receive relevant commercial communications from the Company and our partners when you set up your user profile/account, you will be able to receive contacts via digital communications channels, including email, text messages, Reshopper’s app, push messages on your electronic devices or by phone.
If you want to unsubscribe from the newsletter and other push messages, click on the unsubscribe link in the newsletter or via your Reshopper account settings. You can read more details on how and why we process your personal data for marketing purposes and your rights in our data protection policy.

12 Changes to the terms of use

The Company reserves the right to change the Terms of Use with reasonable notice. Such changes will be notified via Reshopper. It is your responsibility to review the Terms of Use occasionally to check whether they have been changed. If you continue to use Reshopper after a change to the Terms of Use has come into effect, you will have accepted the updated Terms of Use. If you do not wish to accept such changes, close your account and delete your user profile.

13 Contacting the Company

All enquiries concerning Reshopper must be made via the channels stipulated via the Reshopper application or email sent to [email protected]