#WEAREICONIFY

#WEAREICONIFY

#WEAREICONIFY

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General Conditions for Purchasing

  • Environment: Iconify, and any other application designated by Iconify.
  • Platform: the environment in which products are offered to users by third parties.
  • User: every visitor to the environment.
  • Seller(s): a third party, being a natural person or business that offers products via the platform.
  • Customer: a user of the environment who proceeds to purchase a product via the platform.
  • Purchase Agreement: the agreement that is concluded between Iconify and a customer following the purchase by the customer of a product from Iconify via the platform

  1. These conditions apply to the order and purchase of products via the platform (hereinafter referred to as conditions for buying via Iconify Sellers). These conditions can also be consulted in the Iconify Environment.
  2. Every customer who places an order for a product that is offered by Iconify within the environment, accepts the applicability of these conditions for buying via Iconify.
  3. The provisions of these conditions for buying via Iconify can be deviated from only in writing, with the consent of the parties involved, in which case the other provisions remain in full force.
  4. These conditions for buying via Iconify apply to both Buyers who can be classified as consumers and Buyers who can be classified as business Buyers.
  5. All rights and entitlements stipulated in favor of Iconify in these conditions for buying via Iconify and any subsequent agreements are also stipulated on behalf of agents and other third parties engaged by Iconify, explicitly including the Seller(s).
  6. Iconify had the right to change these conditions for buying via Iconify from time to time.
    The amended conditions will apply as soon as they are published on the website. If a Buyer subsequently places an order for a product as offered by Iconify, he hereby accepts the applicability of the amended conditions for buying via Iconify. It is therefore advisable to consult these Conditions for buying via Iconify before placing an order for a product.
  1. The customer must meet the following requirements, at least: the customer must have a customer account with Iconify and the customer can be reached by email.
  2. Iconify is entitled not to process orders for products from Sellers or to attach deviating conditions to them.
  3. The customer is responsible for the use made of his username and password. Iconify therefore advises the customer to use a unique password and to keep this password secret. 2FA login is required at all times.
  4. The customer is not permitted to let others use his account.
  5. The customer declares to act in accordance with the conditions for buying via Iconify and all applicable laws and regulations.
  6. The customer is responsible for the correctness of the information in his account.
  1. The customer acknowledges that the Purchase Agreement is concluded between the customer and the Seller and that Iconify is only an agent in this agreement. The Purchase Agreement is concluded if and as soon as the customer proceeds to purchase the product offered by the Seller.
  2. In case of questions and/or complaints about the products purchased by the customer through Iconify, the customer must contact Iconify. The Buyer acknowledges that Iconify is liable for any defectiveness, as referred to in Article 6.1, of the purchased product. Iconify guarantees and is responsible for the fulfillment of the obligations of the Seller or the customer.
  3. In the event of a dispute between Iconify and the customer about whether or not products have been shipped, Iconify will try to find a solution together with the customer. The Buyer and Seller are obliged to cooperate in the process of finding a solution. If the Buyer and Iconify cannot reach a solution, Iconify will make a binding decision upon request. The ability to submit proof of shipment by Iconify or the customer respectively will be leading in this respect. The customer indemnifies Iconify against claims for compensation on account of its decision.
  1. A customer can place an order for a product offered by a Seller through the normal ordering process at Iconify.
  2. The process of transferring ownership of the delivered products will not start until the customer has paid all the Buyer owes in full to Iconify regarding the order concerned.
  1. If a customer purchases a product from the Seller via the Platform, the customer has the option to return this order within 14 (fourteen) days. This is only allowed if the product in the photo(s) of the advertisement does not correspond with the product received, the size in the product received deviates from the advertisement or the product has significant damage. If another reason is given, Iconify can decide whether it is legitimate or not. To facilitate the handling of a return shipment, the customer will inform Iconify of the return shipment by email, prior to the return shipment and within 14 (fourteen) days. Shipping rates will apply and must be fulfilled by the customer.
  2. During this 14-day period, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent required to assess whether he wishes to keep the product or not. If he wishes to return a product, he must return the product and all accessories included to Iconify in its original condition and packaging, if reasonably possible.
  3. If a Seller does not ship an order to Iconify within two (2) business days, Iconify will - within six (6) working days of the customer placing the order - inform the customer that his order has not been shipped and any payment received by Iconify will be returned to the customer.
  1. The customer will keep a close eye on his email so that he can take note of information sent to him by Iconify in a timely manner.
  2. Iconify is not liable for the late or unclear transmission of information or for obvious errors.
  3. The customer declares to be aware of and agrees that his name, address details, e-mail address and payment details are disclosed to Iconify insofar as these are necessary to execute the Purchase Agreement/order. Iconify is only entitled to use the customer's data if this is necessary in the context of handling and executing the Purchase Agreement/order.
  1. All communications that take place via email are retained by Iconify on its servers and can be viewed and used by Iconify: a) to support the customer and/or the Seller in case of questions and/or problems; b) to assess whether the customer and/or Seller meets the requirements set; and c) to analyze process improvements.
  2. Every time e-mail communication is used, the customer agrees with and gives Iconify permission to retain, view and use the communications in accordance with the provisions of paragraph 1 of this article.
  3. Communications that take place via email will be retained by Iconify for a maximum of two years.
  1. Iconify has the right to limit, not grant or revoke certain privileges, to block the use of the account or to deny or limit the possibility of ordering products via Iconify, depending on the trading history of a customer; this will be exclusively at the discretion of Iconify.
  2. When Iconify allows for deviations from the conditions for buying via Iconify for a shorter or longer period, implicitly or otherwise, it will not affect its right to demand immediate and strict compliance with the conditions for buying via Iconify. The customer can never exercise any right on the basis of the fact that Iconify applies the conditions for buyingvia Iconify flexibly at any time.
  3. If one or more of the provisions of the conditions for buying via Iconify or of the procedural rules is in conflict with any applicable statutory provision and law, the relevant provision will lapse and will be replaced with a new statutorily permissible provision to be determined by Iconify, respecting the purport of the relevant provision to the greatest possible
  4. Iconify is at all times entitled to end the availability of the functionalities for the products offered by Sellers on the Iconify website.

The Conditions for buying via Iconify, the purchase or sale of products by Sellers via the Iconify website and the Purchase Agreement between the customer and Iconify are exclusively governed by Belgian law. All disputes between the parties will be submitted to the competent court.

Terms of Service for Selling

Below, you will find the ‘Terms of Service for sales to Iconify’. We recommend reading them carefully. By registering as a seller with Iconify, you indicate that you fully accept and comply with these Terms of Service and all appendices.

  • Iconify: Iconify with registered head office in 2490 Balen (Belgium), Nijverheidsstraat 3, VAT number BE 0770.459.122, hereinafter referred to as Iconify.
  • Environment: URL and any other application designated by Iconify.
  • Platform: the environment in which third parties can offer their products, falling within product categories designated by Iconify, to users.
  • User: every visitor to the environment.
  • Terms of Service: these Terms of Service for sales to Iconify, including all appendices.
  • Seller(s): every natural person and/or company who has created an account, accepted these Terms of Service and has been accepted by Iconify as a seller, be it as a “” seller or “professional” seller (with a registrated VAT number).
  • Account: the account created by the seller in the environment.
  • Products: all products with regard to which Iconify has stated that they may be offered by sellers in the environment.
  • Customer: a user of the environment who proceeds to purchase a product via the platform.
  • Purchase Agreement: the agreement that is concluded between Iconify and a customer following the purchase by the customer of a product from Iconify via the platform.
  • Content: (some of) the specifications of products in the environment, which specifications and products can be adjusted by Iconify at any time, consisting of, among other things, text, images and technical specifications, which Iconify makes available for the benefit of the Sellers.
  • Iconify brands: the Iconify word and figurative trademarks, as well as other distinguishing signs and logos.
  • Fee: the commission charged by Iconify to the customer on the Sales Price.
  • Sales Price: the price including shipping costs, VAT and the service fee. Only B2B sellers can obtain and invoice with VAT specified upon verification of the business communicated by the seller.
  1. Every Seller must create an Account before he can offer and sell products via the platform.
  2. Registration as a Seller implies acceptance of the Terms of Service including all appendices and, to avoid misunderstandings, the obligation to comply with the Terms of Service.
  3. To be able to act as a Seller, the Seller must:
    - have an account with Iconify;
    - confirm that the Terms of Service have been accepted.
  1. To be able to act as a professional Seller, the Seller must:
    - have an Account with Iconify;
    - confirm that the Terms of Service have been accepted and must await proper verification of the business as done by Iconify.
  1. From the moment the Account is created, the Seller is entitled to offer products via the platform in accordance with the Terms of Service.
  2. The Seller is entitled to create only one (1) Account, which may only be used to offer products that are the property of the Seller. Duplicate accounts will be regarded as fraudulent and will result in a cancellation of all involved accounts.
  3. The Seller is at all times fully responsible for the use of his username, password and/or Account. Iconify is at all times authorized to suspend the use of the Account by the Seller for reasons of its own or infringement of aforementioned Terms of Service.
  4. The Seller is not permitted to let others use his Account.
  5. The Seller is solely responsible for the correctness of the information in his Account.
  1. The seller can only offer unworn and genuine products. The products must meet the conditions set out (see Article 5).
  2. Iconify is the only one entitled to determine which product categories and/or subcategories may be offered on the Platform and/or added to the Platform, as well as from what time this will become possible. Iconify is also entitled to remove product categories and/or subcategories from the range on the Platform, without the seller being able to exercise any right against Iconify as a result. Iconify reserves the right to exclude certain products from the product categories and/or subcategories.
  3. The product categories and/or subcategories that have been and/or will be made available by Iconify may be changed unilaterally by Iconify from time to time.
  4. Iconify is free to no longer allow the Seller to offer certain products on the Platform. The Seller will (permanently) discontinue offering the relevant product with immediate effect at the request of Iconify. If the product is nevertheless still offered via the Platform, Iconify is entitled to remove the relevant product.
  5. Iconify is entitled not to include the offer or certain information stated by the Seller with regard to the offer on the site or to remove it from the site if, in the opinion of Iconify, this is incorrect or misleading, in violation of these terms or if Iconify believes it can harm the reputation of Iconify, the Platform or third parties.
  1. A User can place an order for a product offered by a Seller through the normal ordering process at Iconify.
  2. The seller will keep a close eye on his email so that he can take note of information sent to him by Iconify in a timely manner.
  3. An order for a product offered by the Seller will then be processed in accordance with the General conditions for buying via Iconify
  4. The Seller will use the shipping label made available to him by Iconify for the purpose of sending the order. The Seller will print this shipping label on blank paper and make no changes to it.
  5. The Seller must ship the items in a shipping box where the measurements cannot exceed a size of 40cmX30cmX20cm. If these measurements are not respected after several warnings , a “reboxing charge” of EUR 5 is payable by the Seller.
  • The product must be 100% authentic, new, unworn and delivered with the original shoe box and accessories.
  • The product must be sent to the Iconify authentication center within the set shipping time.
  • If the product does not meet the expected conditions regarding defects (example: manufacturing defect), the costs for the Seller will be €20. This is the cost to send the product to Iconify and send it back to the Seller.
  • If the product does not meet the expected conditions regarding the condition (example: used), the costs for the Seller will be €25. This is the cost to send the product to Iconify, send it back to the Seller and the costs for our authentication process.
  • If the product does not meet the expected conditions regarding the authenticity (example: fake), the costs for the Seller will be €20 plus a fixed fee of 10% of the sales price. This is the cost to send the product to us, send them back to the Seller and a fixed fee.
  1. If a Customer of the Platform proceeds to purchase a product offered by Iconify, a Purchase Agreement is concluded between Iconify and the Customer.
  2. The Seller acknowledges that he is not or will not be part of the Purchase Agreement that is concluded when the buyer purchases a product via the Platform. However, Customers must accept the “General conditions for buying via Iconify” before customers can proceed to conclude a Purchase Agreement with Iconify via the platform. These conditions apply between Iconify and the Customer and relate to the service to be provided by Iconify, being the platform, and the use thereof by the Customer. Iconify is entitled to change the “General conditions for buying from other sellers” from time to time.
  3. The Seller is not responsible for correct compliance with the Purchase Agreement. The Seller acknowledges that in accordance with the provisions of these Terms of Service and the General conditions for buying via Iconify, the Customer can contact Iconify.
  4. The Seller acknowledges that the Seller applies service levels, as included in Appendix 1, and that Iconify reserves the right to block the Account if the seller does not meet these service levels. Iconify reserves the right to change the service levels.
  5. The aftersales, including customer service, warranty and settlement of return shipments, is entirely at the expense and risk of Iconify. Iconify guarantees that any questions it receives from Customers will be answered within two (2) business days/forty-eight (48) hours.
  6. The Seller is obliged to ensure his offer, as well as the execution of the Purchase Agreement, are is? in accordance with applicable laws and regulations and the General conditions for buying via Iconify (of Iconify, as amended from time to time). The Seller is not entitled to deviate from this, or to conclude or re-conclude the sale with a Customer outside the platform.
  7. Iconify sends Customers confirmation by email after the Purchase Agreement has been concluded. The Seller hereby irrevocably authorizes Iconify to communicate directly with the customer on behalf and at the expense and risk of the Seller without the Seller becoming a party to the Purchase Agreement.
  1. The Seller pays Iconify for each product sold via the Platform. This fee is variable and applicable to the total Sales price. Fees may vary per level obtained via the “Reward System”. The Seller acknowledges that Iconify is entitled to unilaterally adjust the amount of the Fee for each subcategory and/or product category twice a year. The Seller will be informed of this seven (7) days prior to the adjustment coming into effect.
  2. The Seller acknowledges that for each product sold by Iconify, the Customer owes a service fee for his use of the platform on which the Purchase Agreement is concluded, which amount will be charged by Iconify to the Customer in addition to the purchase price and which accrues to Iconify.
  3. If a Purchase Agreement is dissolved within fourteen (14) days of delivery of the relevant product for reasons stated in Terms of Service for buying via Iconify Article 6.1, Iconify will return the payment directly to the Customer. If a Purchase Agreement is dissolved after fourteen (14) days, Iconify reserves the right not to accept it.
  1. After deduction of the fees as determined in Article 6.1 of these Terms of Service, Iconify will transfer the payments it has received to the account specified by the Seller. The payments received by Iconify from the Customers are, in principle, held by Iconify in a suspense account for approximately five (5) days, until the product is received in good condition. In principle, Iconify will pay out the payments received every day after the aforementioned term has expired. At the end of the reservation period of approximately five (5) days referred to in this paragraph, the relevant payment received from the Customer will be transferred to the Seller at the next payment moment.
  1. Iconify does not disclose personal data of the Customers to the Seller.
  2. Iconify does not disclose personal data of the Seller to the Customers.
  1. All communications that take place via e-mail are retained by Iconify on its servers and can be viewed and used by Iconify:
    - to support the Customer and/or the Seller in case of questions and/or problems;
    - to assess whether the Customer and/or Seller meets the requirements set; and
    - to analyze process improvements.
  2. Every time e-mail is used, the Customer agrees with and gives Iconify permission to retain, view and use the communications in accordance with the provisions of paragraph 1 of this article.
  3. Communications that take place via e-mail will be retained by Iconify for a maximum of two years.
  1. The Seller declares and guarantees that he is entitled to accept and comply with these Terms of Service and to grant the rights he hereby grants.
  2. The Seller guarantees that:
    - only products will be offered in the product categories opened by Iconify;
    - the products he offers are unworn and authentic products;
    - the products he offers are his property, that the offer is not misleading or otherwise violates applicable laws and regulations, that he is authorized to offer these products for sale and to sell them and that the products offered are always original products, not imitation products;
    - the products are not faulty;
    - the products he offers and the (product) information he provides do not infringe any rights (such as but not limited to intellectual property rights);
    - the acts of the Seller and/or the products of the Seller will not harm the reputation and/or good name of Iconify or the environment;
    - he acts in accordance with the Terms of Service and the General conditions for buying from other Sellers, as well as all applicable laws and regulations;
    - he always acts in accordance with the guidelines and instructions of Iconify with regard to the installation and use of the Platform.
  3. The Seller will indemnify Iconify against all damage from claims against Iconify as a result of non-compliance with the guarantees of this article.
  1. Iconify obtains the non-exclusive, non-transferable right to use the logo and wordmark of the Seller as long as the Seller offers products on the platform in the environment, as well as in communication and advertising statements in all media for the benefit of (the range on) the platform.
  2. The Seller acknowledges that all (intellectual property) rights regarding the Environment, the design, the Content and all Iconify brands and logos are and remain the property of Iconify and may in no way be used by the Seller without the prior written consent of Iconify. The Seller will always fully respect the intellectual property rights and all other rights of an exclusive nature of Iconify and third parties.
  3. The Seller will under no circumstances deposit and/or register in his own name, a trademark or domain name registration containing the Iconify element or an element or logo similar to it. For any use of Iconify logos by the Seller, prior written approval must be obtained from Iconify.
  1. Iconify is at all times entitled, without stating a reason, not to grant an Account to a Seller, to stipulate additional requirements for the granting of an Account, to block an Account that has already been created or to terminate the dealership with immediate effect. This will be the case, for example, if Iconify suspects that one or more of the applicable terms and conditions are being violated, there is a suspicion of fraud, the use of the Account disrupts the proper functioning of the Iconify environment or, in the opinion of Iconify, may harm the good name of Iconify or third parties.
  2. Iconify is also at all times entitled to no longer make the functionalities for the dealership available.

If the dealership is terminated for any reason:

  1. the Account will be blocked and the Seller will no longer be allowed to use the Iconify sales facilities.
  2. the Seller is no longer entitled to use the Content, the products and the Iconify brands (insofar as this right existed).
  3. the Seller cannot claim any compensation from Iconify in connection with the termination of the dealership by Iconify and the Seller hereby waives any right to any compensation.
  4. the Seller is responsible for the costs of returning all products he wishes to receive back.
  1. The Seller is fully responsible and liable for the use of the account.
  2. The Seller fully indemnifies Iconify against all damage and/or costs of whatever nature arising from the non-fulfillment of one or more obligations under these Terms of Service.
  3. During his activities under this agreement, the Seller undertakes to fully comply with all applicable privacy laws and regulations, currently the Belgian Personal Data Protection Act (GDPR), and he indemnifies Iconify against all damage and/or costs of whatever nature in this regard.
  4. Unless in the event of intent and/or gross negligence on the part of Iconify, Iconify is in no way liable for damage and/or costs of whatever nature of the Seller in connection with the use of the Platform, the Account, the Content and/or the products, such as but not limited to damage and costs as a result of improper functioning of the Platform, technical malfunctions, incorrect Content information, etc. Iconify does not guarantee and is not responsible for the fulfillment of the obligations of the Seller or the Customer.
  5. If the exclusion of liability as referred to in Article 15.4 is declared wholly or partially null and void by a competent court, or is annulled, the parties hereby agree that Iconify will in that case only be liable or the direct demonstrable damage suffered/costs incurred (with the exclusion of consequential/indirect damage/costs). This liability for this direct damage/these direct costs will never amount to a total of more than € 100 (in words: one hundred Euros).
  1. The Seller will never pose as an agent or representative of Iconify and, in particular, he will not make any commitments or enter into obligations for or on behalf of Iconify. The Seller fully indemnifies Iconify against all damage and/or costs of whatever nature arising from the non-fulfillment of this article.
  2. The Seller is not entitled to transfer (part of) his dealership to a third party, unless Iconify has given its prior written permission for this.
  3. Iconify is at all times entitled to change these Terms of Service. The amended Terms of Service will be effective from the time they are posted in the Environment. If a Seller subsequently continues to use his account, he thereby accepts the applicability of the amended Terms of Service. It is therefore advisable to consult the Terms of Service before using the account. If the amended Terms of Service are not acceptable to the Seller, the Seller is entitled to terminate the dealership.
  4. If any provision of these Terms of Service is in conflict with applicable law, this provision will be amended in such a way that it will be in accordance with applicable law, taking into account the purpose of the relevant provision to the greatest possible extent. If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Service will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
  5. The seller agrees that Iconify will inform him from time to time by e-mail at the e-mail address known to Iconify about the use and the possibilities of the platform and/or account, such as but not limited to the operation and (possibly new) (application) possibilities of the Platform and/or the Account (service emails).

The Terms of Service for Selling and the dealership are exclusively governed by Belgian law and disputes will be submitted to the competent Belgian court.

 

Appendix 1: service levels

 

The Seller will meet the following service levels, which determine the level of service provided by Seller to Customers;

  • Send the product no later than 3 working days after the confirmation (payment) of the order in a shipping box where the measurements do not exceed a size of 40cmX30cmX20cm.
  • Answer questions from Iconify within 24 hours.
  • Agree and comply with all criteria mentioned in this document.

Copyright and Intellectual Property Policy

Iconify respects the intellectual property rights of others and expects its users to do the same. It is Iconify policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering itto Iconify’s Designated Copyright Agent.

Upon receipt of the Notice as described below, Iconify will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the sites.

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