Terms and conditions seller

By using our platform, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use our platform.

1. Definitions

Seller: Fashiolista B.V. offers Sellers a platform (Fashiolista) where they can promote and sell their products. The Sellers are independent individuals or companies that are responsible for their products and the delivery of their sold products.

Consumer: A user of the Fashiolista platform - business and/or private who proceeds to purchase a product: the personal details of a Consumer will be provided to the Seller by Fashiolista.

Product: Every product accepted by Fashiolista to sell on the Fashiolista platform. This product can be bought by the Consumer on the Fashiolista platform.

Content: Content is the textual, visual, or aural content that is encountered as part of the user experience on the platform Fashiolista. It may include—among other things—text, images, videos, and technical specifications.

Shop: The profile page created for the Seller on the Fashiolista platform, on which the Seller can present his company information, logo, social media channels and products.

Purchase agreement: Legal document recording the final understanding of a Consumer who agrees to buy a product on the Fashiolista platform and a Seller who agrees to sell the specified item(s) on the Fashiolista platform, under stated terms and conditions.

Cooling-off period: A period of time following a purchase when the Consumer may choose to cancel a purchase and return goods which have been supplied. The Consumer can use his Right of Withdrawal.

The Right of withdrawal: The possibility for the Consumer to cancel the purchase agreement within the cooling-off period.

Selling price: The price for which the product is sold, including VAT, and all other costs directly related to the product that is charged to the Consumer, but excluding any shipping costs, payment costs (also known as transaction costs), auction costs, shipping fees and other order related costs.

Total price: The price for which the product is sold, including VAT, shipping costs and all other costs directly related to the product that is charged to the Consumer.

Agency fee: The commission charged to the Seller by Fashiolista on the sales price. This is a percentage of the total sales price.

2. Applicability

2.1 Application: These Terms of Use apply to the offered services provided by Fashiolista B.V. to Sellers on the Fashiolista.com platform. Fashiolista B.V. is located at Kabelweg 43 in Amsterdam and is registered at The Dutch Chamber of Commerce under number 67954995. For comments and questions about Fashiolista, you can contact us via the contact form on our website or mail to info@Fashiolista.com.

2.2 Acceptance: The Terms of Use for the Seller are accepted by the Seller by creating/using a sales account on Fashiolista.com.

2.3 Deviations: Deviation of these Terms of Use is only possible after explicit confirmation by Fashiolista B.V. in writing, in which case the other provisions of these general terms and conditions will remain in full force.

2.4 Changes: Fashiolista has the right to change these terms and conditions from time to time. The changed conditions will apply as soon as they are published on the site and the Sellers have been informed. If the Seller then continues to use his sales account, the contracting party accepts these changed Terms of Use as well as all other rights and duties stated on the website.

2.5 Other conditions: The general conditions of Fashiolista are part of these Terms of Use. The Seller undertakes to take note of the general terms and conditions and to act accordingly. These general conditions are accepted by the Consumer when ordering a product. In addition to the general terms and conditions of Fashiolista, the shipping and return conditions of the Seller apply, as long as these do not conflict with the underlying offer conditions. The Seller must inform Fashiolista B.V. or the Consumer of this through his profile/account.

3. Sales account and shop

3.1 Shop: At Fashiolista each Seller gets his own (public) profile at his disposal.

3.2 Granting of an account: Fashiolista is at all times entitled, for reasons of motivation, not to grant a Seller an account. This is the case, for example, if Fashiolista thinks that the brand and/or products offered by the Seller do not fit within the vision and image that Fashiolista wants to create.

3.3 Termination of account: The Seller can terminate his sales profile at any time if there aren’t open auctions of the Seller. In this case, the auction must first be terminated before the sales profile can be canceled. Fashiolista is at all times entitled to terminate a sales profile in the event of abuse, non-respectful actions, or in violation of the law, public order and if the Seller does not fulfill one or more obligations under these Terms of Use. The Seller is not entitled to a refund or any form of compensation in any of these cases.

3.4 Account responsibility: The Seller himself is responsible for the accuracy of the information/data in his sales account and shop.

3.5 Content: The Seller himself is responsible for supplying the content for his profile (logo, product images, profile, texts). The Seller provides a good quality content. Fashiolista reserves the right to remove content that does not contribute to the quality of Fashiolista. It is forbidden to use content that is defamatory, libelous, unlawful, threatening, harmful, obscene and harmful. Such content is removed directly from the website and the account will be (temporarily) blocked by Fashiolista.

3.6 Accountability content: The Seller guarantees that the used content is owned by the Seller, or obtained by the Seller under license, or that the Seller has permission from the rightful owner to use this content. The Seller is responsible for all damage suffered by third parties as a result of the fact that Fashiolista has used content provided by the Seller for the publication, promotion, and sale of the products and the Seller indemnifies Fashiolista against any claims relating to such damage.

3.7 Occupation of 'webshop/profile': The Seller must always ensure that his webshop is occupied, or give it a presence status if there is no occupancy (during holidays). Always let Fashiolista know when products cannot be delivered due to, for example, holidays. Fashiolista then changes the delivery times or temporarily puts the products offline.

3.8 Use of content: Fashiolista is entitled to use content from the Seller for marketing and communication activities intended to promote Fashiolista, the product categories and products.

4. Supply of products

4.1 Product selection: Fashiolista strives to coordinate the range of products on the platform as much as possible. Fashiolista reserves the right to refuse certain products from the Seller at any time if Fashiolista thinks that they do not contribute to the Fashiolista target group.

4.2 Offensive, forbidden and suspicious products: Offensive, forbidden and suspicious products are not accepted. This includes protected animals, products of animals and plants, cultural heritage, animals, drugs, government property, explosive objects, hazardous substances and other harmful materials, medicines, stolen goods, food, medical devices, body parts and body substances , pornographic and erotic content, software, tobacco, counterfeit currency, and stamps, weapons, knives, replica products (the Seller must be able to show Fashiolista the products are not replica products!) and related objects. Attention! This list only provides guidelines and is not exhaustive. The Seller is responsible for checking whether the products and the purchase or sale of certain products are legally permitted.

Violation of our policies may result in one or more of the following actions:

  • the product will be removed immediately

  • your account can be suspended or (temporarily) blocked

  • your data can be passed on to the Ministry of Justice and/or to a person entitled.

4.3 Product liability: The Seller is responsible for the quality and safety of the products he offers. Fashiolista can in no way be held responsible for harmful events resulting from the use of the product. Seller indemnifies Fashiolista against all third-party claims in this.

4.4 Product information: Seller ensures that the description of the offered product corresponds to reality and is therefore correct and complete. This may not be replica products. The Seller must be able to state clearly that it is an original product.

4.5 Product Price: The Seller is free to determine the price of this product. Fashiolista reserves the right to remove/hide products on the platform if the price is not in line with the market. Also, these products are not placed by us.

5.Order and delivery

5.1 Payment: Payment by a Consumer can only take place at Fashiolista, via Mollie. Fashiolista will pay the total amount (with retention of the commission) to the Seller. The Seller is not entitled to accept payments made directly to him by the Consumer.

5.2 Purchase agreement: A purchase agreement is concluded as soon as Fashiolista has received the payment from the Consumer and both the Consumer and the Seller have received an e-mail confirming the details of the order.

5.3 Settlement of order: The Seller is responsible for the settlement of the order, this includes sending (including possible import duties and VAT), providing information, answering questions and handling complaints about the product (customer service). A Consumer can contact Fashiolista via the Fashiolista contact form. After this, Fashiolista will contact the Seller and the Seller will come with a solution. Fashiolista contacts the Consumer to discuss the solution (prepared by the Seller and Fashiolista).

5.4 Service: Fashiolista attaches great importance to good and reliable service. Customer satisfaction is very important. That is why Fashiolista uses a certain service level for Sellers. Sellers who fail to comply with these rules can be excluded from a sales account:

- strive to process the order within 2 working days after purchase and to send the purchased products to the Consumer;

- strive to answer questions from possible Consumers within 1 business day. This communication runs between Fashiolista and Seller.

5.5 Shipment: Seller ensures that the product is packed with care and attention. Receiving the product must be an experience for the Consumer. We, and you, of course, want to see the Consumer coming back to Fashiolista.

5.5 Shipment abroad: Items can be shipped inside and outside the Netherlands. Seller may determine the shipping costs. Fashiolista is not responsible for any additional costs (VAT, shipping costs and all other costs directly related to the product that are charged to the Consumer).

5.6 Problems with the delivery: If the Seller cannot execute the order, the Seller should contact Fashiolista as soon as possible to find a solution. Afterwards, Fashiolista will contact the Consumer. If the result of this contact is that the Consumer wants to cancel the order, Fashiolista will report this to the Seller.

6. Right of withdrawal

6.1 The Right of withdrawal: The Consumer has the right to return a product within 14 calendar days right after they receive their goods ("right of withdrawal"), without stating reasons, provided that the product is in the same condition as the Consumer received it and if the Consumer has informed Fashiolista within the 14-day period. When it concerns a second-hand/vintage product, the right of withdrawal does not apply. Except when the photos of the product on our website do not match the received product, the size stated in the received product is different from the size described on our website or the product has damage that was not mentioned on the website. If there is another reason the Consumer wants to return the product, Fashiolista will decide whether the reason is well-founded or not.

6.2 Right of withdrawal: Fashiolista informs the Seller immediately about the return request and handles the return financially. The Seller will be informed of the return via an e-mail. The Seller is obliged to accept returned products and to report this to Fashiolista. Once this report is made, Fashiolista ensures that the purchase price is paid back to the Consumer (within 20 days). Return shipments are at the risk of the Consumer. This means that the Consumer must be able to prove that the product has actually been sent. If there are problems with the return, or if the product takes a long time (longer than 20 days), please contact Fashiolista via the contact form or via an e-mail.

6.3 Costs in case of revocation: The costs of return are at the expense of the Consumer. In concrete terms, this means that Fashiolista makes the following repayments to the Consumer:

  • if the order consisted of several products, only the product amount will be refunded.

  • if the order consisted of 1 product, only the product amount will be refunded.

6.4 Deviating from these return conditions: Seller can deviate from these return conditions in favor of the Consumer, only if this has no impact on the return process used by Fashiolista. For example, a Seller may choose to use a pick-up point, which means that the costs for returning the goods will be paid by the Seller. This information must be explicitly stated with the product by the Seller with the product so that the Consumer can take note of this in time.

6.5 Return requests later than 14 days: As soon as a return request from the Consumer arrives later than two weeks after ordering, it is up to the Seller to accept this request or not. Handling takes place outside Fashiolista and the Seller cannot claim the retained commission.

6.6 Warranty: Fashiolista is never liable for the non-functioning or improper functioning of the products. The Seller is always responsible for this. If the Consumer contacts Fashiolista about this, we will refer the Consumer to the Seller or we will contact the Seller to process this further.

7. Reimbursement and payment

7.1 Mediation costs: Fashiolista mediates in the payment of the product between Consumers and Sellers. This means that Fashiolista pays the amount that the Consumer pays to Fashiolista, with the deduction of the mediation costs. This is 25% (excluding VAT) of the sales price per product sold. This amount is settled monthly with the total transaction amount of products sold. The height of the commission is again determined by Fashiolista from time to time. If this happens, the Seller will be informed on time by Fashiolista.

7.2 Payment by Fashiolista: Every month Fashiolista prepares an overview (credit invoice) for the Seller of sold products, transaction amounts, and commission. The total amount after the settlement of the mediation costs is paid monthly to the Seller. The Seller will be informed accordingly.

7.3 Invoicing: Seller agrees to receive his (credit) invoices by mail from Fashiolista.

8. Information and usage data

8.1 Dealing with Consumer's data: The Seller will only use the name and address details of the Consumer as this is necessary to send out the order. The Seller will not use this information to approach the Consumer outside Fashiolista and to provide the Consumer with unsolicited commercial information. The Seller will not make this information available to third parties. Seller agrees that his name and address will be provided to the Consumer (if necessary) in the context of the order.

8.2 Fashiolista will only use the name and address details of the Seller to inform him about Fashiolista and to facilitate payments. Fashiolista does not make data available to third parties. The privacy policy describes how Fashiolista handles (personal) data.

8.3 Accuracy of data: Fashiolista in no way guarantees the correctness of the information provided by Consumers.

8.4 Content on other sites: If the Seller decides to post Fashiolista content on another site, there must be a link to Fashiolista (to the homepage, product page or webshop of the Seller). It is not allowed to link through Fashiolista.com to another or your own website unless otherwise stated (public profile).

9. Role of Fashiolista

9.1 Transaction: The role of Fashiolista is to bring together demand (Consumers) and supply (Sellers) and facilitate a relationship between the two parties. Fashiolista is in no way liable to Seller for any shortcoming of the Consumer in compliance with the general terms and conditions.

9.2 Marketing: Fashiolista makes numerous efforts to attract Consumers to Fashiolista through social media, blogging, Facebook, Twitter feeds, Google search campaigns and newsletters. Fashiolista does not guarantee that the Seller's products will be included in these promotions.

9.3 Questions and complaints about the services of Fashiolista: For questions, advice and/or complaints about the service, the Seller can contact Fashiolista via the contact form or by sending an e-mail. We will gladly help you further and will strive to respond within one working day.

10. Liability

10.1 Limitation of Liability: Except in the event of gross negligence or negligence, Fashiolista’s liability for direct damage resulting from these terms of use will be limited to the amount that the Seller has paid for the use of the services of Fashiolista for the products. Seller indemnifies Fashiolista for any claim arising from: the execution of the order (including shipping and after sales), the offer and content of the profile/web shops, the correctness of data and behavior/statements of Sellers and Consumers. Parties (Seller and Fashiolista) are not liable for lost income, lost profits, loss of data and other indirect or consequential damages suffered by the other party.

11. Other conditions and provisions

11.1 Intellectual property: The Seller retains title to the products, as well as the copyrights to the content in their own profile/webshop. Fashiolista respects these rights and will not use this content for any purpose other than promoting the Seller and 11.2 Fashiolista unless this is permitted in writing by the Seller. The Seller recognizes that Fashiolista is the owner of the Fashiolista brand and all other Fashiolista distinctive products, as well as the design, software, formats, domain names of the Fashiolista website and that the Seller is not entitled to use them or to allow third parties to use them without prior written permission.

11.3 Changes to the website: Fashiolista is at all times entitled to change the website of Fashiolista.

11.4 Guarantees: Fashiolista is never liable for the non-functioning or improper functioning of the Fashiolista website and the sales account/profile.

11.5 Applicable law: Only Dutch law is applicable to these terms and conditions. Any disputes between parties will be submitted exclusively to the competent judge in Amsterdam.