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 Purchaser are obliged to read the Conditions of Use carefully and to accept them after having understood them and only if they agree with them. The Seller and the Purchaser are responsible for their behavior in using the Site.
TERMS OF PURCHASE
TERMS OF SALE
CONDITIONS OF THE RIGHT OF WITHDRAWAL IN THE SALE
- 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 of the Products is alloweded;
- 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 their product using Deesup;
- PROFESSIONAL SELLER: 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;
- PRICE: indicates the selling price of the Product published online;
- 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 is required to read carefully and, where he shares 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.
The Seller through the Website may put the Products on sale. Deesup organizes the pre and post sales activities, such as the publication of the Form, management and / or tracking of the transfer of the Product from the Seller to the Purchaser, 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 service which provides the collection and delivery of the purchased item except when the Purchaser has chosen to pick the Product up by himself.
ROLE OF DEESUP
Deesup conducts direct sales, will purchase the product from the Professional Vendor when the sale of the Product to the Purchaser 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 and claims including compensation that should be advanced by third parties in relation to the Products.
CONDUCT OF THE SELLER AND BUYER
The Seller and Purchaser 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 latter cannot sell on Deesup any product for a period not less than (two) months after the non-sale.
RESPONSIBILITY OF THE SELLER
The Seller is solely responsible for the information, legitimate source of provenance, lawfulness, description, status and images relating to the Product. The Seller must describe the condition of the Product in a way that corresponds to the actual condition of the same 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 condition and under the same conditions indicated during loading and must inform Deesup of any eventual circumstances that could compromise the sale. In the event that the sale is made by a private seller Deesup does not require exclusivity, while the request in case of a Professional Seller, in any case the Seller is obliged to inform Deesup in the event that the Product is no longer available for sale.
RESPONSIBILITY OF THE BUYER
The Buyer is solely responsible for any damage to the Product subsequent to delivery.
The Seller and the Buyer are obliged to communicate to Deesup any variation of their address, telephone number, e-mail based on the information they indicated during the purchase and/or sale of products, in default 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 Purchaser will not be able to interact directly with each other. Deesup through its platform will facilitate the sale and will endeavor to procure the sale of the Product from the Seller to the Purchaser. At the end of the Private Seller, he will entrust to Deesup putting a product on the platform, a specific mandate to sell on its behalf and in the name of Deesup the Product 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.
PURCHASE NOT COMPLETED
In all cases in which the sale does not end due to the responsibility of the Seller or Buyer, Deesup can proceed to the return or withdrawal of the Product with debit on delivery of the costs incurred for the activities carried out of 20 euros (VAT included).
CLAIM RELATED TO PRODUCTS
The Seller or the Purchaser will have to reimburse Deesup a sum equal to 20 euros (VAT included) for the activities carried out in all cases of disputes considered unfounded.
PRICE OF THE PRODUCT
The 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 a material error in the price indication the order can be canceled.
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 Deesep from the Professional Vendor and the selling price to the Purchaser, or (ii) as a commission for services rendered in the case of purchase and sale of the product between Private and Buyer, in the latter case the fee retained by Deesup corresponds to 20% of the sale price, as from November 1st 2018 the fee is updated to 25%.
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.
Deesup reserves the right to apply discount codes on some Vendor Products. The discount code is considered accepted upon confirmation of the purchase of the Product on which the discount has been applied.
– 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;
– are not salable and / or convertible into cash.
The discount code can be used in a single purchase solution, you cannot use it in part and request a refund for the difference.
PAYMENTS WITH BANK TRANSFER
In case of payment by bank transfer by the Purchaser, the credit must be paid within 4 days, otherwise the Product will be put back on sale. In the event that for 2 successive purchases the bank transfer is not successful, the Purchaser will be inhibited by the use of the bank transfer as payment method and can only use the other methods of purchase indicated on the platform on the appropriate section of the Deesup website.
PAYMENTS WITH ELECTRONIC SYSTEMS
The Purchaser can use the online payment system in electronic money offered on the site. 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 (eg PayPal) and not directly to Deesup.
The Product is collected and shipped through a third party chosen and indicated by Deesup, the latter can not be held responsible for loss or damage to the Product occurred after delivery of the Product to the carrier.
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 for by the art. 52 and ss of the Consumer Code.
RIGHT OF WITHDRAWAL BETWEEN THE BUYER AND THE PROFESSIONAL SELLER
If the Product is sold to a Purchaser that does not act in the exercise of its business activity, the art. 52 and ss of the Consumer Code, 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 Card;
- data entry during check-out;
- payment of the price (the delivery costs of the Product indicated in the purchase phase are charged to the Purchaser 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 Purchaser, after completing the purchase process, receives a confirmation of the order of the Product that he can print or save in electronic format.
The Purchaser may request an invoice, pursuant to art. 22 D.P.R. 633/1972, exclusively for purchases made with a Professional Vendor as specified in the product sheet. It is also specified that the Professional Vendor is not subject to any obligation to issue an invoice, unless it is expressly requested by the Purchaser.
It is specified that, before confirming the shipment of the Product, Deesup must receive, within 7 days, confirmation of the withdrawal by the Seller. The purchase, therefore, can be defined as actually made only from the date of confirmation of the “product withdrawal” by the Seller.
The Purchaser can make a non-binding offer for a product at a different price from the Seller’s one filling in the dedicated form that is in the product sheet. After receiving the offer Deesup will manage it by contacting the Seller and then telling the Purchaser about the acceptance, denial or counteroffer in the following 72 hours after the offer has been made. When the offer is either accepted or denied the Buyer has 48 hours to purchase the product.
PICK UP BY YOURSELF OPTION
In the moment 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 personal pick up, once the Buyer has purchased the product including this option he will be informed about the Seller’s address and will personally liase with the Seller to set a day for the self-pick-up. 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 descripted in the paragraph “Difference of a Product purchased on Deesup” are to be applied.
PURCHASE OF THE PRODUCT ON DEESUP
Following the conclusion of the purchase order, Deesup will contact the Seller to confirm the Product and arrange, with the free pick up service, the withdrawal of the Product from the Seller and the subsequent delivery to the Purchaser. In the event that the Seller does not respond within the following 7 days from the date of purchase, the order will be canceled and the buyer will be refunded for the full amount paid. In the case of confirmation of the Seller, the Products will be transferred from the Seller to the Buyer without any control by Deesup which 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 Vendor to the Purchaser 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 Purchaser 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.
LACK OF COLLECTION BY THE BUYER
In all cases in which, as a result of timely delivery and promptly disclosed to the Purchaser, the Product is not withdrawn, it will be returned to the Seller. In such cases the Purchaser is required to pay 100% of the shipping costs incurred by Deesup for the delivery of the Product.
DISCREPANCIES OF A PRODUCT PURCHASED ON DEESUP
a) In the event that the Purchaser detects a significant discrepancy of the Product with respect to the Private Seller’s declarations, he must inform Deesup in writing within 3 working days after having received the Product stating the discrepancies also through the use of photos. Once Deesup has received the e-mail together with the photos, at its sole discretion, will inform the Purchaser and the Private Seller of the dispute and if founded will determine the return of the Product to the Private Seller within the next 7 days.
Deesup, in the event that the dispute should be certain, will proceed to the full reimbursement to the Buyer, with the exception of bank costs incurred by the same, and the Private Seller will be obliged to withdraw the Product and pay the sum of 20 euros (VAT included) cash on delivery at the time of withdrawal of the Product as reimbursement for the activities carried out by Deesup. Moreover, the Private Seller will be 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 all cases where as a result of attempts to deliver the Product is not withdrawn by the Private Seller, the Product will remain available at the Deesup Offices for 90 days. In case of non-collection, the Product becomes the property of Deesup and no further rights can be claimed by the Private Seller. In case of withdrawal 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.
b) If during the packaging operations of the Product, the Seller should find defects and / or damage to the Product, the Seller is obliged to immediately notify Deesup, also through photographic documentation. Deesup will proceed to the analysis of the communication and related photographs. Should Deesup detect any defects and / or damages that could compromise the integrity of the Product in an irreparable way, Deesup will proceed with the cancellation of the order and full repayment of the Purchaser, with the exception of bank costs incurred by the same.
It is 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 platform by the Seller, sent in writing and in accordance with the law, Deesup will call the Seller as a guarantee.
PRODUCT UPLOADING PROCEDURE
The Seller must sign up on Deesup and create a personal account otherwise it won’t be possible to sell any products. During the creation the Seller will have 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, fiscal code by inserting these in his personal account and taking into consideration that the sum that is to be given to the Seller will reach him through a bank transfer.
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 complete description of the Product that includes the brand, the name and, if available, the collection to which it belongs and the designer;
– the dimensions, the weight and the number of pieces if it is a set;
– the conditions of the Product and the purchase year;
– at least 4 photos that show the real status of the Product;
– the price of sale to the public which includes the Deesup fee which will be deducted at the end of the purchase;
– the price of the new Product (if it is still on the market) or the price of the Product when it was purchased
– reserve price (optional)
– reasons of the sale (optional)
When the Seller is uploading the Product, he can decide whether he wants to insert a reserve price or not, that is the minimum price he would sell the Product for. The Seller can increase or decrease the reserve price in the dedicated section of his own Deesup account.
Deesup will automatically accept offers that are the same or higher than the reserve price. On the contrary if the price is lower than the reserve price, Deesup will let the Seller know about the offer in case he wants to accept it or make a counteroffer. In both cases the Deesup fee is calculated on the updated price.
ADHESION TO THE SELF PICKUP
When uploading the Product, the Seller can adhere to the self-pick up option of the Product once the purchase has taken place. In this case the Seller agrees, Deesup will communicate his personal, address and telephone details once the purchase has taken place. The Seller must promptly let Deesup know that the pick-up has taken place.
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 descripted in the paragraph “Difference of a Product purchased on Deesup” are to be applied.
PRODUCTS THAT CANNOT BE OFFERED FOR SALE
The Seller can not offer 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 provide via e-mail or a specific form provided by Deesup:
- a complete description of the product including the condition of the product, the year of purchase, the product brand and, if available, the collection to which it belongs and the designer;
- at least 4 photos able to show the real status of the Product;
- the selling price set in €;
- the reasons for the sale;
- if it is a Professional salesman declares that the Product is sold exclusively on Deesup.
ABSENCE OF DEESUP OBLIGATIONS
Deesup has no obligation to publish the Products offered by the Seller online.
CHANGE THE PRODUCT PHOTOS
Deesup can modify 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 changed if it is not considered appropriate to do so.
PRODUCT ONLINE PUBLISHING
Following the completion of the aforementioned procedure, Deesup is authorized to publish the Product Data Sheet online, informing the Seller accordingly
REDUCTION OF THE PRODUCT PRICE BY THE SELLER
Following the publication of the Product, the Seller may reduce the Price in the dedicated section of his personal Deesup account.
Deesup may remove the Product for violation of the Conditions of Use and following received reports, without the need for authorization by the Seller, giving in any case notice.
After the publication the Seller may remove the Product from the sale in the dedicated section of his personal account.
Following the payment of the Product to Deesup the Seller receives a notice of the purchase and is required to confirm the date of collection of the Product, not later than 3 working days from the communication, and provide all the details requested by Deesup to prepare the withdrawal (purely by way of example: date, time, address, etc.) and details that allow Deesup to pay on its behalf if not previously provided.
The order will be canceled if within 7 days the Seller will not indicate the information allowing the collection, with the exception of the possibility in which the buyer does not explicitly request to wait beyond the aforementioned term.
After the preparation of the withdrawal, the Seller receives the details of the same 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 prepare the packed Product ready to be collected on the agreed date, send at least one photo of the packed Product and give it to the courier in charge of the delivery. In case of self-pick up Deesup is not responsible for the logistics and is not to claim of there should be any damages or delays 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 Data 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 Purchaser is paid to Deesup. The realizable value of the Seller, previously agreed upon, will be transferred 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 Purchaser 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 Vendor, as better specified, respectively, in the paragraphs “Difference of a Product purchased on Deesup” (letter a) and “Conditions of the right of withdrawal for sale to non-professional purchaser”.
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 Purchaser 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, without paying the costs for redelivery and without specifying the reason for withdrawal. In the case of multiple orders (having to mean those Products ordered by a single order, but delivered separately) the 14-day term will run from the date on which the Purchaser enters the physical possession of the last Product.
METHOD FOR WITHDRAWAL
The Purchaser must inform Deesup, within 14 days from receipt of the Product, of this decision by sending an explicit declaration by e-mail to the e-mail address email@example.com The Purchaser may use the standard form pursuant to art. 49 paragraph 1, lett. h of the Consumer Code.
The Purchaser 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 Purchaser 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 e-mail:
- of 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 Purchaser will be withheld;
- of the decrease in the value of the Product deriving from any damage caused to the Product, being, in such cases, responsible Buyer.
The refund will be paid promptly and in any case within 14 days from the time when Deesup or the Professional Seller received the Product and performed 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 refund will be made using the same payment methods used by the Purchaser for the purchase. Any delays in crediting the amount due can be determined by the activities necessary for the return of the amount by the chosen system.
For the use of Deesup it is essential that the following rules of behavior are observed.
COMMENTS-LANGUAGE TO USE-MATERIALS
Every Seller or Purchaser must respect all those who interact, their ideas and their Products.
In the use of Deesup the Seller or the Purchaser 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.
CHANGE OF CONDITIONS OF USE
LANGUAGE AND APPLICABLE LAW
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.
- Source of personal data: The personal data available to Deesup will be used exclusively for the satisfaction of the requested service and activities.
- Sensitive data: The consent that Deesup asks does not concern sensitive data.
- Purposes of data processing:
(i) 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 purchase and sale of the Product.
(ii) If you wish, you will be able to consent to the specific option for sending newsletters (promotional communications and commercial information) on Deesup products, services and activities through the use of communication systems (e-mail, text messages, ordinary mail).
- Methods of data processing: The processing of personal data is done manually and with electronic tools, with logic strictly related to the purposes indicated above and, however, in order to ensure the security and confidentiality of the data.
- 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 Vendor to allow the possible issue of the tax documentation relating to the sale. The subjects belonging to the aforementioned categories, to whom the data can be communicated, will use the data as “owners” in full autonomy.
- Rights pursuant to art. 7 of the Code regarding the protection of personal data: the Seller and the Purchaser 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.