Terms and Conditions
INTRO
Deesup is a marketplace dedicated to second-hand design furniture Products belonging to quality brands. The platform gives users the opportunity to sell and buy designer furniture at affordable prices. The sale and purchase must be based on principles of correctness, good faith, transparency, legality and lawfulness. Products which are counterfeit or which may damage known brands shall not be sold. The Seller and the Buyer are obliged to carefully read the Conditions of Use and to accept them after having understood them and only if they agree with them. The Seller and the Buyer are responsible for their behaviour in using the Site.
- DEESUP: indicates Deesup S.r.l. (VAT number: 09843280968) Registered office in 20123 Milan Via Vincenzo Monti, 6;
- SITE: indicates the website www.deesup.com owned by Deesup Srl, through which the sale and the purchase of the Products are allowed;
- PRODUCT: indicates the furnishing elements, the furniture and the design objects sold on the Site;
- SELLER: indicates the private and professional Seller without distinction;
- PRODUCT SHEET: indicates the set of information and images of the Product;
- PRIVATE SELLER: means the individual who sells his Product using Deesup;
- PROFESSIONAL SELLER/SELECTED RETAILER: indicates the subject of VAT holder who sells one of its Products using Deesup;
- BUYER: indicates the natural person, who purchases the Product from the Seller for personal purposes, through the Site. Must have attained the age of majority and possess the ability to act;
- USER: indicates any person browsing the Site;
- SELLING PRICE: indicates the selling price of the Product published online;
- RESERVE PRICE: indicates the minimum price the Seller is willing to sell the Product listed on-line;
- OFFER: indicates the function which enables the Buyer and the Seller to negotiate the price of the Product;
- CONDITIONS OF USE: indicate the General Conditions, the Conditions of Purchase, the Conditions of Sale, the Netiquette, the Final Rules and the Processing of Data, documents that the Buyer and the Seller are required to read carefully and, where they share them, to accept;
- EURO: indicates the currency in which the price of the Product is indicated.
The terms and definitions given here will have the meaning assigned to them and the terms indicated in the singular can be declined in the plural, and will have the same meaning.
DEESUP SERVICES
The Seller through the Website may put the Products on sale. Deesup organizes the pre and post sales activities, such as the Listing of the Form, management and / or tracking of the transfer of the Product from the Seller to the Buyer, the management of collections, payments and any refunds; the dedicated customer care; the first image graphic treatment, if necessary; any suggestions on the price to optimize the sale; the promotion of the Product through the online and off-line marketing channels selected by Deesup; the contestation of any violation of the Conditions of Use; the pick-up and delivery services which provide the collection and delivery of the purchased item except when the Buyer has chosen to pick the Product up by himself.
HANDLE MADE BY DEESUP OF THE PHOTOGRAPHIC MATERIAL
Deesup reserves the right to use the photographic material provided by the Seller and/or the Buyer for activities of promotion of the Product and for other possible related marketing activities, for example: promotion of the Product on the communication channels used for the diffusion of Deesup's contents.
ROLE OF DEESUP
Deesup conducts direct sales, will purchase the Product from the Professional Seller when the sale of the Product to the Buyer is consolidated according to the applicable regulations, while in the case of a private Deesup Seller it will not sell directly, but will only offer the services referred to the preceding paragraph, making available its own online platform to the Private Seller and the individual Buyer. In the latter case, therefore Deesup cannot be held responsible for claims, even those including compensation that should be advanced by third parties in relation to the Products.
CONDUCT OF THE SELLER AND BUYER
The Seller and Buyer must behave according to principles of correctness, good faith, transparency, legality and lawfulness and in compliance with the Italian law. The choice to join the Deesup platform is free and independent, Deesup cannot in any way be held responsible for activities undertaken by the Seller and the Buyer in using the Website or following the use of the same in violation of these conditions of use. If the Product offered for sale by a Private Seller on Deesup is no longer available at the time of purchase by a Buyer and this circumstance has not been previously communicated by the Private Seller to Deesup, the conditions defined at the paragraph "MISSED SUCCESSFUL CONCLUSION OF THE SALE" are applied. In this circumstance, if the same Seller has more than one Product on sale, it is obliged to confirm the availability of his Products within 24 hours.
RESPONSIBILITY OF THE SELLER
The Seller is the solely responsible for the information, the authenticity and legitimate source of provenance, lawfulness, description, status and images related to the Product. The Seller must describe the condition of the Product in a way that corresponds to its actual condition and indicate any defects, imperfections, wear and tear. Following the online placement of the Product, the Seller is required to keep it in the same conditions as indicated during loading it and must inform Deesup by email of any eventual circumstances that could compromise the sale. The Seller is also obliged to provide feedback to any communications and/or requests sent by email and/or telephone by Deesup received during the permanence of the Product on Deesup. The Seller is obliged to constantly monitor the Products on sale on Deesup and proceed with the immediate removal in case of unavailability of the same through the appropriate command within his personal account. In the event that the sale is made by a private Seller, Deesup does not require exclusivity.
RESPONSIBILITY OF THE BUYER
The Buyer is solely responsible for any damage to the Product subsequent to delivery.
CONTACTS
The Seller and the Buyer are obliged to communicate to Deesup their addresses, telephone number and Email and any variation of these data from the information they indicated in their personal account during the purchase and/or sale of Products, in default of this communication any responsibility can be attributed to Deesup for unavailability, any delays or failure to collect or deliver the Product.
PROHIBITION OF DIRECT CONTACTS BETWEEN SELLER AND BUYER
The Seller and the Buyer will not be able to interact directly with each other. Deesup through its platform will facilitate the sale and will endeavour to procure the sale of the Product from the Seller to the Buyer. To do so, the Private Seller will entrust Deesup to put a Product on sale on the platform, a specific mandate to sell the Product on its behalf and in the name of Deesup and, at the same time, an irrevocable mandate to collect the price paid by the Buyer pursuant to and with the effects of art. 1723 of the Civil Code.
MISSED SUCCESSFUL CONCLUSION OF THE SALE
In all cases in which the sale is not completed due to the Seller's or the Buyer's responsibility, Deesup can proceed to return or pick up the Product with debit on delivery of the costs of euro 50 (VAT included) for the activities carried out, such as the promotion, the marketing and the management of the Product as long as it is available on the online shop and any shipping costs incurred, duly documented.
CLAIM RELATED TO PRODUCTS
The Seller or the Buyer will have to reimburse Deesup a sum equal to euro 50 (VAT included) for the activities carried out in all cases of disputes considered unfounded, meaning all the circumstances in which the claim does not meet the required conditions to be upheld, following the appropriate verification activities carried out by Deesup, which will be duly documented.
PRICE OF THE PRODUCT
The selling Price of the Product is the one indicated on the Product Sheet. This price does not include shipping costs that will vary depending on weight, size and destination of the Product. In case of any error related to the indication of the selling price which might preclude the possibility of proper fulfilment of the order, the order can be cancelled.
DEESUP FEE
The selling price of the Product includes the fee for Deesup for the services performed, which will be calculated (i) as the difference in the purchase price by Deesup from the Professional Seller and the selling price to the Buyer, or (ii) as a commission for services rendered in the case of purchase and sale of the Product between a Private Seller and a Buyer, in the latter case the fee retained by Deesup corresponds to 25% (VAT included) of the selling price applicable to all Products listed as from November the 1st, 2018, except for those Products uploaded during a promotional period during which Deesup's fee is reduced. The percentage indicating the fee withheld by Deesup is visible in the reserved area within the Seller's personal account.
PROMOTIONS OPTION
The Seller may indicate the Products to which he intends to apply the discount in case of promotions aimed at maximizing sales, by participating with Deesup to reduce the selling price of the Product. The consideration of Deesup and the amount due to the Seller will be recalculated based on the new selling price of the Product considering the applications of the promo.
DISCOUNT CODES
Deesup reserves the right to apply discount codes on some Seller Products. The discount code is considered valid if it is accepted by the system during its application when placing the order, according to the conditions indicated.
Discount Codes:
- always have a predetermined value and a duration indicated in the communication relating to the transaction to which they refer;
- cannot be combined with each other;
- if expressly indicated in the conditions of use, cannot be applicable to purchase finalized with the option of the Offer, accepted by the Seller or for which the Seller gave authorization to automatic acceptance through the reserve price;
- are not saleable, transferable and/or convertible into cash;
- can be used in a single purchase solution, they cannot be partially used and no request for refund for the difference can be submitted.
PAYMENTS WITH BANK TRANSFER
In case of payment by bank transfer by the Buyer, the credit must be paid within 4 days, otherwise the Product will be put back on sale with consequent cancellation of the order. The order placed with bank transfer as payment method is considered confirmed when Deesup actually receives the crediting of the due amount. It is to be understood that the receipt of any documentation related to the issue of the bank transfer is not valid for the confirmation of the order.
PAYMENTS WITH ELECTRONIC SYSTEMS
The Buyer can use the online payment system in electronic money offered on the Site, even in case of third-party services enabled by Deesup, which also include options allowing payment by instalments or similar services regulated by the Terms & Conditions of the selected provider. These payment systems use security protocols that guarantee the privacy and reliability of financial transactions. The information will never be stored, even temporarily, on the Site and will be used exclusively to complete the purchase transaction, any refund where necessary or for reporting to the police any fraud committed on the Site. Any problems related to the payment system can only be challenged to the payment platform operator (e.g. PayPal) and not directly to Deesup.
PRODUCT SHIPPING
The Product is collected and shipped through a third party selected by Deesup, which cannot be held responsible for loss or damage to the Product occurred after delivery of the Product to the carrier. The shipping does not include the delivery directly to your door. Assuming the driver finds the conditions to reach the door (e.g., easy parking, lift etc..), he could be willing to bring the Product right to your doorstep. At the delivery the Buyer is required to accept the Product “with reserve” signing the shipping document accordingly, differently it won’t be possible to open any claim to the insurer. In the latter case Deesup cannot guarantee any insurance coverage or refund in case of damages.
CUSTOMS DUTIES
Deesup is not liable for customs duties, if any, related to the shipment for which is responsible the recipient of the shipment.
REVIEWS ON DEESUP
Deesup enables buyers and sellers to consult the section dedicated to the reviews made by the users who have used the service provided by Deesup. These reviews are collected through tools made available by specialised third parties, which enable the collection and classifications of the reviews. All reviews, whether negative or positive, are visible and ready to be consulted. Only those users who have used Deesup service are entitled to write reviews.
EXCLUSION OF THE RIGHT OF WITHDRAWAL BETWEEN THE BUYER AND THE PRIVATE SELLER
The Product Sheet specifies whether the Product is sold by a Private Seller. The sale, in this case, is to be understood between private parties outside the business activity. The right of withdrawal provided by the art. 52 and ss of the Consumer Code is not applied.
RIGHT OF WITHDRAWAL BETWEEN THE BUYER AND THE PROFESSIONAL SELLER
If the Product is sold to a Buyer that does not act in the exercise of its business activity, the art. 52 and ss of the Consumer Code are applied, as detailed in the paragraph on the right of withdrawal, excluding the case referred to in the preceding paragraph.
TERMS OF PURCHASE
The buyer must complete the following actions to complete the purchase process:
- Product selection;
- careful reading of the Product Sheet;
- data entry of the required information during check-out;
- payment of the price (the delivery costs of the Product indicated in the purchase phase are charged to the Buyer and will not be returned in case of non-collection by the buyer or any other circumstance that does not allow the completion of the purchase).
The Buyer, after completing the purchase process, receives a confirmation of the order of the Product that he can print or save in electronic format.
The Buyer may request an invoice, pursuant to art. 22 D.P.R. 633/1972, exclusively for purchases made with a Professional Seller as specified in the Product sheet. It is also specified that the Professional Seller is not subject to any obligation to issue an invoice, unless it is expressly requested by the Buyer.
It is specified that, before confirming the shipment of the Product, Deesup must receive, within 7 days, confirmation of the pick-up by the Seller. The purchase, therefore, can be defined as actually made only from the date of confirmation of the “Product pick-up” by the Seller. In case of no response from the Seller regarding the availability of the Product for its pick-up, the order is cancelled and the Buyer is fully refunded within 14 days from the order cancellation communication, in the first available payment slot. The reimbursement is processed by using the same payment method selected when placing the order. It is to be understood that credit timing varies depending on the credit institutions and/or electronic money circuits, therefore Deesup is not responsible for any delays in the actual crediting of the due amount.
OFFER OPTION
The Buyer can make a non-binding offer for a Product at a different price from the Seller’s one by clicking on the "Make an offer" button and by filling in the appropriate form provided in the Product Sheet, when this functionality is enabled. The possibility for the Buyer to make an offer is subject to possible limitations. The Buyer can propose to the Seller a price that is not more than 30% lower than the Product price established by the Seller. The Buyer receives a confirmation by e-mail when the offer is successfully submitted. The Buyer can not submit a further offer for the same Product if he has previously started a negotiation with the Seller for that Product and the offer is still ongoing.
Following the submission of the offer, the buyer receives feedback from the Seller, who can accept, decline or make a counter-offer. The submitted offer is valid for 7 days from its submission; this period is defined "Negotiation Period". Within this period, the Buyer can purchase the Product at the price negotiated with the Seller by clicking on the "BUY NOW" button in the submitted offers section in Buyer's personal account. Once the negotiation period is elapsed, the offer is considered expired if it has been previously accepted or if the Seller has previously made a counter-offer or has not managed the offer.
“ON HOLD” OPTION
The "On hold" function enables a Product to be temporary suspended from the sale. This function is valid exclusively for those persons who are entitled to, e.g., professionals selected by Deesup with whom there are expressly regulated commercial agreements. The "On hold" function is not available for private persons or any other entity that is not explicitly among the persons selected by Deesup.
LOCAL PICK-UP OPTION
When the Buyer purchases, he can, in certain cases, choose to pick up the Product by himself without paying any delivery expenses. If the Seller has accepted beforehand the option of local pick up, once the Buyer has purchased the Product including this option, he will be informed about the Seller’s address and will personally liaise with the Seller to set a day for the local pick-up. Deesup transmits the Seller's contacts to the Buyer of the Product 24 hours after the placement of the order, when Deesup actually receives the crediting of the due amount, even in those cases in which the order has been placed using the bank transfer as payment method. It is to be understood that the receipt of any documentation related to the issue of the bank transfer is not valid for the confirmation of the order and the consequent transmission of the Seller's contacts to the Buyer.
The local pick-up of the Product by the Buyer must be completed within 14 days from the confirmation of the order. After this deadline, the order is cancelled and the Buyer bears any costs incurred by the Seller and a penalty of euro 50 (VAT included). The Buyer receives a reimbursed for the full amount paid, net of the above costs.
When the Buyer places the order by selecting the local pick-up option and appoints on its own initiative a third party to pick up the Product, it is to be understood that the local pick-up of the Product is considered accomplished and, consequently, the order completed, at the moment of the pick-up of the Product by the third party.
Deesup is not responsible for the pick-up and delivery of the Product and won’t appoint any vector for the pick-up and delivery service and therefore is not responsible for any damages of the Product or delays in the pick-up and delivery of the same. If the Buyer should identify any discrepancies in the Product with respect to the description, the same conditions described in the paragraph “DISCREPANCIES OF A PRODUCT PURCHASED ON DEESUP ARISEN BEFORE THE DELIVERY” are to be applied.
PURCHASE OF THE PRODUCT ON DEESUP
Following the conclusion of the order, Deesup will contact the Seller to confirm the availability of the Product and arrange, with the free pick-up service, the pick-up of the Product from the Seller and the subsequent delivery to the Buyer. In the event that the Seller does not reply within the following 7 days from the date of the order confirmation, the order will be cancelled and the buyer will be refunded for the full paid amount. In the case of confirmation of the Seller, the Product will be transferred from the Seller to the Buyer. Deesup will exclusively make a selection of the Products to be published on its website based on the description and photos of the Seller’s Product without making any physical checks on the Product. The Product will be transferred directly from the Seller to the Buyer within 5 working days and without prejudice to delays not directly attributable to Deesup (merely by way of example: non-confirmation by the Seller, delayed confirmation by the Seller, delayed delivery by part of the carrier in charge, etc…). The Buyer is informed of the taking charge of the collection and preparation of the shipment, together with the indication of the carrier and, if supplied by the same, the identification code that allows to monitor the status of the shipment.
Deesup reserves the right to proceed with the cancellation of the order and the consequent total reimbursement of the Buyer in any unforeseeable eventuality which leads to the impossibility to fulfil the order.
MISSED COLLECTION BY THE BUYER
In all cases in which, as a result of timely delivery and promptly disclosed to the Buyer, the Product is not accepted, it will be returned to the Seller. In such cases, the Buyer is required to pay 100% of the shipping costs incurred by Deesup for the delivery of the Product. Those shipping costs will be duly documented and the Buyer will proceed to the payment accordingly to the payment method indicated by Deesup.
DISCREPANCIES OF A PRODUCT PURCHASED ON DEESUP ARISEN BEFORE THE DELIVERY
If during the packing process of the Product, the Seller detects signs of usage and/or damages on the Product which were not previously reported in the Product Sheet, the Seller is obliged to promptly notify Deesup, through photographic documentation. In this circumstance, Deesup analyses the communication and the provided photographs. Should Deesup confirm the existence of the above mentioned and duly documented signs of usage and/or damages on the Product, which irremediably compromise the integrity of the Product, it transmits these ones, together with the related photographic material to the Buyer. The Buyer, at his complete discretion, chooses whether to proceed or not with the delivery of the purchased Product. It is to be understood that, in case of ascertained discrepancies of the Product, the Buyer and the Seller can find a different resolution regarding the detected issue. The two parties, by common accord, can mutually establish a discount due to the Buyer as compensation for the detected discrepancies. The agreed discount is deducted from the amount corresponding to the Seller's earning.
Deesup acts as mediator in the dispute between the two parties and is responsible for issuing the reimbursement in favour of the Buyer in accordance with the agreements reached between the parties. The reimbursement is made within 14 days after the delivery of the Product to the Buyer, in the first available payment slot. The reimbursement is processed by using the same payment method selected when placing the order.
If no agreement is reached between the two parties, Deesup cancels the order and totally refunds the Buyer, exception made for the bank charges incurred.
It is to be understood that for any dispute related to the discrepancy of the Product compared to Seller’s description of the Product on Deesup, notified by email, duly documented and within the terms of law, Deesup calls in the Seller's guarantee.
DISCREPANCIES OF A PRODUCT PURCHASED ON DEESUP ARISEN AFTER THE DELIVERY
If the Buyer detects a significant discrepancy of the Product compared to Seller’s description in the Product Sheet, the Buyer must notify Deesup within 3 days from the delivery of the Product by writing an email at info@deesup.com, or by using other means of communication explicitly enabled by Deesup for this purpose, indicating the order number and the discrepancies detected through the use of photos. Deesup, after the receipt of the communication together with the photos, carries out an evaluation of the received material and, at its complete discretion, informs the Buyer and the Private Seller of the opening of the claim.
a) Should the claim be valid, the Buyer and the Seller can find a common resolution regarding the detected issue. The two parties, by common accord, can mutually establish a discount due to the Buyer as compensation for the detected discrepancies. The agreed discount is deducted from the amount corresponding to the Seller's earning. Deesup acts as mediator in the dispute between the two parties and is responsible for issuing the reimbursement in favour of the Buyer in accordance with the agreements reached between the parties. The reimbursement is made within 14 days after the reached agreement between the two parties, in the first available payment slot. The reimbursement is processed by using the same payment method selected when placing the order. Deesup then issues the payment to the Seller within 14 days after the resolution of the claim with the Buyer, in the first available payment slot;
b) Should the two parties do not reach a common agreement, Deesup proceeds with the return of the Product to the Private Seller within the following 7 days and with the total reimbursement to the Buyer, exception made for the bank charges incurred, within 14 days after the delivery of the Product to the Seller in the first available payment slot. The Private Seller is obliged to accept the Product and pay the sum of euro 50 (VAT included) cash on delivery at the time of collection of the Product as reimbursement for the activities carried out by Deesup related to order’s management. Moreover, the Private Seller is obliged to pay all shipping costs incurred, in relation to the order disputed by the Buyer, up to the time of collection, unless he proves that the differences and / or damage to the Product have been caused by the vector.
In order to proceed with the return of the Product to the Seller, the Buyer is obliged to pack the Product according to the instructions provided by Deesup, aimed at guaranteeing the integrity of the Product up to its final destination, within 7 days from the confirmation of the return of the Product, otherwise incurring the cancellation of the return.
In any case in which, following the attempted delivery of the return shipment, the Product is not collected by the Private Seller, the Product remains available at the Deesup Offices for 90 days. In case of repeated missed collection, the Product becomes property of Deesup and no further rights can be claimed by the Private Seller. In case of missed collection at the offices within the beforementioned term, the Private Seller is obliged to pay Deesup the additional sum of 50 euros (VAT included) for the safekeeping of goods carried out by Deesup.
It is to be understood that for any and all disputes relating to the discrepancy of the Product with respect to the description of the same on the Deesup made by the Seller, sent by written communication and in accordance with the law, Deesup calls in the Seller's guarantee, being the latter responsible for the conditions of the Product as reported in the paragraph “RESPONSIBILITY OF THE SELLER”.
CANCELLATION OF THE ORDER
If the Product belongs to a private Seller the Buyer can request within 24 hours from the order the cancellation and request a total reimbursement, which needs to be requested by written communication to Deesup to be sent via email to info@deesup.com. After this deadline, the Buyer must pay the eventual shipping and/or packaging costs, duly documented by the Seller accordingly to the established procedure, and a penalty of euro 50 (VAT included).
TERMS OF SALE
PRODUCT CHARACTERISTICS
In the Product Sheet it is specified whether the Product is sold by a Private Seller. The sale, in this case, is to be understood between private parties outside the business activity. The right of withdrawal provided for by art. 52 and following of the Consumer Code.
The private Seller can propose for sale through the Site pieces of furniture of his exclusive property.
The professional Seller can offer for sale through the Site pieces of furniture of his exclusive property or which is authorized to sell.
The Products must be:
- marketable;
- authentic, lawful and authentic;
- high quality;
- from brands and / or designers of high prestige and well-known;
- in good condition.
PRODUCTS THAT CANNOT BE PROPOSED FOR SALE
The Seller cannot propose for sale on the Website:
- Products whose sale is prohibited by law;
- Products worn and / or different from the description.
PROCEDURE FOR LISTING THE PRODUCT
The Seller must sign-up on Deesup and create a personal account otherwise it won’t be possible to sell any Products. When uploading the Product, the Seller has to provide his personal data that is name, surname, email, telephone number and billing address.
Once the purchase has been done, the Seller must provide his IBAN, name and surname of the holder of the associated bank account, which must be opened in the same country as the country of sale of the Product, and tax code by filling in these data in the personal account and taking into consideration that the sum that is to be given to the Seller will be issued through a bank transfer. Deesup reserves the right, when necessary, to adopt additional methods for issuing the payment in Seller’s favour, including payment methods integrated into Deesup's platform.
The Seller must send, through the appropriate form given by Deesup, the description of the items he wishes to sell by specifying the following details:
- the category of the Product;
- the name and the brand of the Product and, if available, the designer;
- the complete description of the Product, the dimensions, the weight and the number of pieces in case of selling a set;
- the colour, the material and the style;
- the conditions of the Product;
- at least three photos that show the real status of the Product; one of these must show the brand evidence or a certificate of authenticity (label or document issued by the Seller). The photos accepted for the evaluation of the Product must necessarily be real photos of the Product, not from unauthorised online sources;
- the price of sale to the public which includes the Deesup fee which will be deducted at the end of the sale;
- the price of the new Product (if it is still on the market) or the price of the Product when it was purchased;
- the reserve price (optional);
- the address where the Product is located if it is different from the billing address.
PRODUCT LISTING PROCEDURE
The Seller, after the Product submission, will receive a confirmation for the eventual listing, or will be requested to provide additional details about the Product to complete the vetting, or will be notified if the Product is not approved for listing because not meeting the evaluation criteria. When the Seller is requested to provide additional details, he must provide Deesup with all the needed information to complete the vetting to eventually proceed with the Product listing, differently the Product won’t be considered for listing. The vetting of the Product is exclusively managed by Deesup, according to the set quality criteria of the shop.
OFFER OPTION AND RESERVE PRICE
When the Seller is uploading the Product, he can decide whether he wants to insert a reserve price or not, meaning the minimum price he would sell the Product for. When the Product is on sale on Deesup, the Seller can decrease the reserve price in the dedicated section of his own Deesup personal account.
The Seller can decide to authorize or not Deesup to automatically accept offers that are equal or higher than the reserve price, in this case Deesup will automatically accept the Offer without any previous communication and check with the Seller. On the contrary, if the offered price is lower than the reserve price, Deesup will notify the Seller about the offer so that he can manage the received offer. The price offered by the Buyer cannot be less than 70% of the price set by the Seller in the Product Sheet.
The Seller is responsible for the management of the received offer and is obliged to provide feedback to all the received offers via the appropriate buttons in the section dedicated to the received offers within his personal account. The Seller can accept or decline the offer, or can submit a counter offer, which cannot exceed the selling price of the Product. The offer is not binding on the purchase and is valid for 7 days from the submission made by the Buyer, who within this period can independently decide whether to proceed to purchase the Product at the agreed price or not. Once this period has elapsed, the offer is considered expired, should it be in a state of acceptance or counter-offer, or should it still be pending and waiting for Seller’s management.
In all cases the sale is concluded after a negotiation, the Deesup fee is calculated on the updated selling price the order is placed at.
“ON HOLD” OPTION FOR A PRODUCT ON SALE ON DEESUP
For exclusive sales purposes, Deesup reserves the right, with contextual communication to the Seller by email, to suspend even temporarily for a maximum of 5 days the Product from sale due to any interest in purchasing by potential buyers enabled to take advantage of the “On hold” option according to the rules applied for such cases. The Seller will be notified by email when the Product is put back on sale on Deesup once the suspension period has expired.
LOCAL PICK-UP OPTION
When uploading the Product, the Seller can confirm the local pick-up option of the Product to enable the Buyer to eventually choose the option of local pick-up when purchasing the Product. In this case the Seller agrees to communicate his name and telephone number details once the purchase has taken place. After the pick-up the Seller must promptly let Deesup know through communication via email (info@deesup.com) that the pick-up has taken place and send via email the pick-up receipt signed by the Seller and the Buyer.
In case of local pick-up Deesup is not responsible for the pick-up and delivery of the Product and won’t appoint any courier for the service and therefore is not responsible for any damages of the Product or delays in the pick-up and delivery of the same. If the Buyer should identify any discrepancies in the Product with respect to the description, the same conditions described in the paragraph “DISCREPANCIES OF A PRODUCT PURCHASED ON DEESUP ARISEN BEFORE THE DELIVERY” will be applied.
ABSENCE OF DEESUP OBLIGATIONS
Deesup has no obligation to publish the Products uploaded online by the Seller, if they do not comply with the Product evaluation criteria defined by Deesup, as set at the paragraph "PRODUCT CHARACTERISTICS".
EDITING OF THE PRODUCT PHOTOS
Deesup can edit the photo of the Product that will be published as the first image, in all cases where the background must be uniformed to give greater prominence to the Product, the other photos will not be edited if it is not considered appropriate to do so.
PUBLISHING OF THE PRODUCT ONLINE
Following the completion of the vetting procedure, Deesup is authorized to publish the Product Sheet online, informing the Seller accordingly.
REDUCTION OF THE PRODUCT SELLING PRICE BY THE SELLER
Following the listing of the Product, when the Product is on sale on Deesup the Seller may reduce the Price using the dedicated section within the personal Deesup account.
REDUCTION OF THE PRODUCT RESERVE PRICE BY THE SELLER
Following the listing of the Product, when the Product is on sale on Deesup the Seller may reduce the Reserve Price using the dedicated section within the personal Deesup account.
PRODUCT REMOVAL
Deesup may remove the Product for violation of the Conditions of Use or following received reports, in both cases without the need for authorization by the Seller, providing in any case with written notice to the Seller.
After the listing, when the Product is on sale on Deesup the Seller may remove the Product from the sale if it is no longer available, using the dedicated section in his personal account.
If the Seller deems it appropriate, he can proceed to put the Product back on sale following a subsequent period after its removal, making sure that the information reported in the Product Sheet corresponds to the current condition of the Product. If there is no correspondence, the Seller must send an appropriate email communication to Deesup in order to proceed with an update of the Product Sheet.
Deesup also reserves the right to remove at any time, even massively, those Products with the status "Draft" or "Request Details", meaning those Products that have not reached the publication due to lack of information, after at least 90 days from their creation.
PRODUCT PACKAGING BEFORE THE PICK-UP
The Seller is responsible to set-up an appropriate and accurate packaging of the Product, following the instructions sent by Deesup after the sale, in order to ensure the Product will be protected during the transportation. In case of damages during the delivery, due to a non-appropriate and accurate packaging, Deesup is not responsible and cannot respond for any damages. The Seller remains responsible of the packaging until the Product shipping to the Buyer.
The Seller must:
- Put the Product in a box if needed;
- Use bubble wrap to wrap the Product;
- Fill the empty space of the box with paper, in order to prevent the product’s movement;
- Protect each side of the box with styrofoam internally;
- Use adhesive tape to close the box;
- Indicate with a visible arrow the side of the box;
- Insert the label “FRAGILE” outside.
To support the Seller during the Product packaging process, Deesup provides the Seller with a packaging guide and further assistance for any additional needs notified to Deesup by email.
PRODUCT PICK-UP
Following the sale of the Product, the Seller is required to confirm the date of pick-up of the Product, which has to occur not later than 3 working days from the communication of the sale of the Product, and provide all the details requested by sending an email to info@deesup.com, or by any other mean of transmission of the requested information defined by Deesup, to coordinate the pick-up. The Seller must provide Deesup with: date, time, address, the measures of the packages and at least four photos of the Product before, during and after the package and the data required for the payment if not previously provided, to allow Deesup to settle the payment once the shipping is completed.
If the Seller does not provide Deesup with the required photographic material, Deesup cannot guarantee Seller’s protection if the Buyer, following the delivery of the Product, reports any discrepancies with respect to what is indicated in the Product Sheet.
The order will be cancelled if within 7 days the Seller does not indicate the information allowing the collection, with the exception of the possibility in which the buyer explicitly request to wait further the terms.
When the pick-up is scheduled, the Seller receives the pick-up details including the date of collection of the Product, the BAR code identifying the package and any documents to be printed and stuck on the packaging if required. The Seller must be ready with the packed Product for collection, which needs to be made at street level, unless there is a different agreement between Deesup and the Seller, on the agreed date and give it to the courier in charge of the delivery. In case of local pick-up Deesup is not responsible for the logistics and does not respond of any claims, delays or damages occurred during the pick-up and delivery process.
SHIPPING OF THE PRODUCT TO THE COURIER
The Seller is bound to deliver the Product under the same conditions indicated in the Product Sheet, suitably packaged together with all the elements described in the Product Sheet assuming full responsibility.
PAYMENT OF THE PRODUCT PRICE
The amount paid by the Buyer is paid to Deesup. The realizable value of the Seller, previously agreed upon, will be transferred to the Seller by bank transfer or other adopted additional methods for issuing the payment in Seller’s favour, including payment methods integrated into Deesup's platform, only following the correct completion of the procedures described in the “Conditions of sale” (from the loading of the Product to the delivery of the Product), including the period conferred to the Buyer for the return of the Product that will be equal to 3 working days in case of purchase from Private Seller and 14 days from receipt of the Product in case of purchase from Professional Seller, as better specified, respectively, in the paragraphs “DISCREPANCIES OF A PRODUCT PURCHASED ON DEESUP ARISEN AFTER THE DELIVERY” and “CONDITIONS OF THE RIGHT OF WITHDRAWAL IN THE SALE TO NON-PROFESSIONAL BUYER”. Once this period elapses, the payment is made in the first available payment slot, no later than 14 days after the delivery of the Product to the Buyer, unless any disputes occur as defined in the paragraph "DISCREPANCIES OF A PRODUCT PURCHASED ON DEESUP ARISEN AFTER THE DELIVERY".
POSSIBLE CANCELLATION OF THE SALE
Following the sale of a Product on Deesup, the Seller is duly notified by email of the sale and receives the necessary instructions to proceed with the pick-up of the sold Product. It is to be understood that the sale can be cancelled in the following cases:
a) Within 24 hours after the placement of the order, following due communication by the Buyer, as defined in the paragraph "CANCELLATION OF THE ORDER";
b) Following Buyer's request, even after the expiry of the terms provided above, for any unforeseeable event not attributable to Deesup. If the Seller at the time of the communication of cancellation of the sale has already prepared the Product for pick-up and/or its packaging, Deesup is responsible for issuing a refund of the costs incurred by the Seller. These costs can be refunded only in case of payment with electronic money. Any shipping and/or packaging costs incurred by the Seller must be duly documented and sent to Deesup by sending an email to info@deesup.com within 24 hours after Deesup's notification of cancellation of the sale. Failure to receive the documentation within the aforementioned deadline compromises the possibility to get the reimbursement of such expenses.
Once the Seller transmits the required documentation to Deesup, Deesup proceeds with the reimbursement in favour of the Seller within 14 days after the receipt of the documentation, in the first available payment slot;
c) Any other unforeseeable event that results in the impossibility of processing the order and consequently finalising the sale.
CONDITIONS OF THE RIGHT OF WITHDRAWAL IN THE SALE TO NON-PROFESSIONAL BUYER
The following conditions for exercising the right of withdrawal are governed by the Consumer Code (articles 52 et seq.). In case of purchase of a Product by an unprofessional Buyer, the Buyer will have the right to withdraw from the contract within 14 days from the date of receipt of the Product, without having to pay any penalty and without specifying the reason for withdrawal. In this case, the costs for re-delivery are equal to the costs of the initial shipping and must be paid by the Buyer. In the case of multiple orders (meaning those Products ordered by a single order, but delivered separately) the 14-day term will run from the date on which the Buyer enters the physical possession of the last Product.
CONDITIONS OF THE RIGHT OF WITHDRAWAL IN THE SALE
METHOD FOR WITHDRAWAL
The Buyer must inform Deesup, within 14 days from receipt of the Product, of this decision by sending an explicit declaration by email to the email address info@deesup.com or by any other mean of transmission of the requested information defined by Deesup. The Buyer may use the standard form pursuant to art. 49 paragraph 1, lett. h of the Consumer Code.
The Buyer must make sure to return the Product in intact conditions, not damaged, complete with any accessories (including certificates of authenticity), in the package and delivery packaging, including labels. The Buyer is required to deliver the Product to the carrier within 14 days from the date on which he informed Deesup of the decision to withdraw from the contract.
EFFECTS OF WITHDRAWAL
After receiving the Product, the Seller will proceed to check the conditions of the returned Product and inform Deesup by email about the following:
1. the correct exercise of the right of withdrawal with consequent repayment of the amount. From the amount, as specified also during the purchase phase, the costs of delivery of the Product to the Buyer will be withheld;
2. the decrease in the value of the Product deriving from any damage caused to the Product, being, in such cases, responsible the Buyer.
REFUND TIMING
The refund will be paid promptly and in any case within 14 days from the time when Deesup or the Professional Seller receive the Product and perform the checks on the condition of the Product. In any case, Deesup can withhold the refund until all the Products are received or until the Buyer has shown that he has sent all the Products. The Buyer is fully refunded within 14 days from delivery of the Product to the Seller, in the first available payment slot. The reimbursement is processed by using the same payment method selected when placing the order. It is to be understood that credit timing varies depending on the credit institutions and/or electronic money circuits, therefore Deesup is not responsible for any delays in the actual crediting of the due amount.
NETIQUETTE
COMMENTS-LANGUAGE TO USE-MATERIALS
For the use of Deesup it is essential that the following rules of behaviour are observed.
Every Seller or Buyer must respect all those who interact, their ideas and their Products.
In the use of Deesup the Seller or the Buyer shall not use obscene, indecent, offensive, blasphemous, derogatory or defamatory language, expressions of fanaticism, racism, hatred, irreverence, threatening, provocative or in any case inserting contents that could cause prejudice to the participants, in Deesup or third parties. It is forbidden to place on Deesup unauthorized advertising, information and illicit or defamatory and discrediting material, which may infringe the rights of third parties, which is owned by third parties and for which authorization has not been obtained, which may invade the privacy of anyone, who encourages criminal conduct, which may give rise to civil or criminal liability and which is in any case contrary to any current legislation.
FINAL RULES
CHANGE OF CONDITIONS OF USE
Deesup may request the Buyer and the Seller to accept, from time to time, additional conditions applicable to specific parts or sections of the Site. These additional conditions will be entered in the parts of the Site to which they refer and will be clearly identifiable. Deesup may modify the Terms of Use which will be applicable as a result of online listing and communication by Email and to be understood as accepted with the use of the Website.
LANGUAGE AND APPLICABLE LAW
The law governing the Terms of Use is the Italian law. This has been written in Italian. The official version that is authentic is that in Italian.
Any controversy should arise on the application and / or interpretation of these Terms of Use will be devolved to the exclusive jurisdiction of the Court of Milan.
DATA TREATMENT
INFORMATION WITHIN THE MEANING OF THE CODE ON THE TREATMENT OF PERSONAL DATA (Legislative Decree 30 June 2003 No. 196 and subsequent amendments)
Deesup, as Data Controller, collects data for the provision of services and activities indicated in the Conditions of Use.
1. Source: the personal data available to Deesup will be used exclusively for the satisfaction of the requested service and activities.
2. Purposes of data processing and juridical rule:
(I) a) The data will be used to offer the required services following the registration on the platform. The provision of personal data is necessary to carry out the services and activities indicated in the Conditions of Use. Failure to provide data does not allow Deesup to perform the services and activities necessary for the sale of the Product.
(II) Based on the Art. 6 letter B of the GDPR the user will be able to consent to the specific option for sending newsletters (promotional communications and commercial information) about Deesup Products, services and activities through the use of communication systems (Email, text messages, ordinary mail).
3. Subjects to whom the data can be communicated: Deesup can communicate the personal data given to the following categories of subjects: companies that provide archiving services; auditing and auditing certification firms and, in general, all the subjects that perform professional assistance and consultancy services to Deesup, to the professional Seller to allow the possible issue of the tax documentation relating to the sale. The subjects belonging to the above categories, to whom the data can be communicated, will use the data as “owners” in full autonomy.
4. Rights pursuant to art. 15 and 22 of GDPR, the user has the right claim to the Authority. Every claim must be sent to Deesup through the email info@deesup.com. The Seller and the Buyer will have the right to obtain from Deesup confirmation of the existence or not of personal data concerning them, indication of the origin of personal data, purposes and processing methods, as well as the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as managers or agents; the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, as well as updating, correction, or, if required, integration of data.