Terms & Conditions

GENERAL USER AGREEMENT LABELCRUSH 


1/  Scope


This General User Agreement contains the recurrent use of certain concepts which can be understood as;
- Labelcrush: also referred to as ‘website’ or ‘platform’; trademark of ‘STYLE SCOOP BVBA’ with registered office at TOLSTRAAT 39, 2000 Antwerpen and registered under company number 0543.359.554. Labelcrush is the abbreviation of the websites www.Labelcrush.com, www.labelcrush.be and www.labelcrush.nl
- User: Every possible party that may use the website ‘Labelcrush’, regardless their factual position as seller, buyer or mere visitor.
- Seller: Any user that is registered on the ‘Labelcrush’-platform with the aim of selling one or more products. This can be an individual or a professional trader.
- Professional trader: Every natural or legal person who is acting for purposes relating to his trade, business, craft or profession.
- Buyer: A user that is registered on the ‘Labelcrush’-platform with the aim of buying one or more advertised products.
- Advertisement: the specific sales-offer from seller on the platform for a product. Also referred to as ‘product offer’.


2/ GENERAL APPLICATION


This General User Agreement is to be considered as the legal backbone of the platform as it consists of general provisions regarding the relationship between the website and its users. Every referral to the General User Agreement, however, is considered to include the additional policies that accompany the former such as the Privacy Policy and the specific seller-policy. If any differences exist between the General User Agreement and the specific agreements, the latter prevails unless stated otherwise.
Labelcrush advises and expects its users to carefully take notice of these legal documents and all additional information that may accompany. Every use of the website, including the mere visiting of the website, implies that user took notice and agrees with these terms. This creates a contractual relationship between the user and the website, in so far as the clauses of the General User Agreement are applicable.
No deviations regarding the General User Agreement, the specific agreements or policies, are considered to exist without an explicit agreed and written proof. No other general conditions of the users are considered applicable.
Labelcrush preserves the right to unilaterally change aforementioned documents at all time. Labelcrush engages to communicate every unilateral change on a clear and efficient manner towards the users. Users have a positive obligation to take notice on a regular basis of the terms and conditions, especially in the case of a new change.


3/ IN GENERAL: THE SERVICE AS OFFERED


Labelcrush has the ambition to connect connoisseurs of luxurious fashion in a digital marketplace. Users can sell their unique fashion-items and accessories, such as clothing, belts, scarves, shoes, etc. to the interested buyers. The products may be new, almost new or used items. Labelcrush remains at all times an independent party with regards to the buying and selling that takes place on the website, and cannot be bound by the obligations of the other parties. The website is therefore a pure intermediary platform that facilitates the connection between buyer and seller. Labelcrush offers premium services for users who are interested in special attention and convenient advantages. Besides the intermediary role, the platform may also produce information regarding luxurious fashion.


3.1/ User Access
Labelcrush is open for every user, regardless whether he is a passer-by or a registered user. However in order to perform actions on the website, registration may be necessary. This is explained further on in article 3.2 General User Agreement.
The user is considered as capable to enter into legal agreements, which implies that he has reached the age of 18 years. Any person that does not meet this requirement can be permitted by a valid adult user to make use of his account. In that case the adult is considered responsible.
Previous users that are suspended on a temporary or permanent base should refrain from using the platform.


3.1.1/ Website Registration
Every user may register on the platform, which is (in principle) free of charge. Registration is required in order to act as a buyer or seller on the platform. Every registered user is in all cases a buyer, and upon indication he can also become a seller. 
In order to register, the user should fill out the online registration-form and create an account. Registration is also possible via the facebook-account of user. The creation of an account implies the choice of an account name and account password. Labelcrush can refuse the account name at own discretion, for example when offensive, confusing or violating the rights of Labelcrush or third parties. Labelcrush confirms every successful registration via e-mail, which also contains an invitation for the new registered user to activate his registration.
Labelcrush has the all time discretion to refuse new registrations, for example when the user behind the registration is or has been banned from the website or when the basis of the registration seems fraudulent.
The registered account is personal, non-transferable and should at all time remain confidential. This implies that the registered user is liable for every use of his account, regardless whether he was responsible for the action. Every breach of confidentiality regarding the account should be notified as soon as possible to the website-administrator.
Labelcrush does not allow users to act via the account of other users or act as ‘Labelcrush’-employees.
Users whose access to the platform is restricted or impossible due to previous actions should refrain from any new registration regardless if it is under the same, altered identity or a new identity. Labelcrush may take the appropriate action to forbid such users further access to the website.
Labelcrush cannot be held responsible for any theft of account, for example due to phishing, and would like to use this notice to warn all users for such practices. Labelcrush advises caution regarding any mail that seems to be sent by ‘Labelcrush’. Labelcrush will never ask for personal data, including user name and password via e-mail. In case personal data is required, the user will always be redirected to the original Labelcrush-platform. Labelcrush recommends its users to notify Labelcrush in case of doubt.
Neither the use of the platform, nor the registration on the platform implies a hierarchy of dependence between the parties. Labelcrush and the users remain separate, independent parties acting on their own behalf.


3.1.2/ Identity and addresses.  
Every user is expected to be honest during the registration. It is in the best interest of the user to indicate his correct personal data, such as name and (active) contact details. Labelcrush always requires its users to enter a correct, still valid and still used email-account that allows rapid and efficient communication. Any false information indicated by user is considered as wrongful use of the platform and may result in the annulation of buying-or-selling-offers, suspension of the account, non-repayment of standard costs for annulled offers.
Labelcrush requires, depending on the type of registration, different types of data. If the collected data is incomplete or manifest incorrect, Labelcrush preserves the right to cancel and remove the registration at all time.
Labelcrush engages to act responsibly in regard to the personal data of the registered users. Labelcrush can use the collected data for own commercial and non-commercial messages. Labelcrush will not sell the collected data to third parties. Any other transfer of collected data to third parties will only take place if the registered user has given his informed consent or when necessary for the performance of this agreement.  All collecting and processing of data is in accordance with our privacy statement, to which we refer for more extensive information.


3.2/ Premium Services
All users, both sellers and buyers, may apply for a ‘premium account’ in order to enjoy extra benefits and advantages. These advantages are described in article 3.2.3 General User Agreement and article 2 and 3 of the Specific Seller Policy.


3.2.1/ General conditions
This Premium service is to be seen as an e-commerce service, governed by the e-commerce EU directive and its national implementation.
Labelcrush provides the necessary information regarding to premium account with the utmost care on the website.
A contract is concluded at the moment Labelcrush approves the application for the Premium Services. This approval is conclusive by sending a confirmation of order to the e-mail address that has been indicated by user.
Labelcrush and its user explicitly agree that the use of electronic communication-techniques can result in a valid sales contract. The lack of an ordinary, digital or electronically qualified signature, in particular, does not affect the binding effect of the offer and its acceptance. In this respect, the electronic files of Labelcrush shall be considered to be presumptive evidence, in so far as the law permits as such. Information, images, verbal communications, statements, etc. related to any of the offers and the most important product features provided by telephone or via e-mail, will be reflected as accurately as possible.
Every acquisition of a premium account will be confirmed via email. This is a confirmation of the specific agreement between Labelcrush and the premium member. This confirmation contains the necessary information-duties as prescribed in the e-commerce directive. This implies the application of these specific rules, such as specific Seller Policy, over the general user terms, where applicable.
Delivery of the Premium Services takes place by adapting the account to the demanded services.
3.2.2/ Right to withdraw
The premium member is expected to investigate whether the delivered services are in conformity with the offer. Any well-founded complaints regarding to the delivered services should be made on a written notice to Labelcrush, within 7 working days upon delivery or cognizance. No restitution will be possible when the complaint is not well founded or when the complaint is not made as instructed.
The European Consumer Rights Directive determines that a consumer of a service has a right to withdraw within 14 working days without any consequences. A consumer is any person acting for purposes that are outside his trade business, craft or profession. This is however not applicable to this situation as article 16 (m) Consumer Rights Directive determines that no such rights exist for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. This acknowledgement is achieved by agreeing on this General User Agreement. 
We conclude by stating very clearly that no right to withdraw is applicable regarding to the Labelcrush services as this falls under the prescribed exceptions (article 16 (m)) of the Consumer Rights Directive. The only possibility of a refund exists in the making of a well-founded complaint.

3.2.3/ VIP-members
A buyer may apply for a premium account, also referred to as ‘VIP-membership’. This entitles rights of a preview on the advertised products and the possibility to make an early bidding. This preview is accessible during 48 hours before the public advertising. The VIP-member will also receive notification e-mail on the new products.
The ‘VIP-member’ is also prioritised towards other users with regard to the approval for an item-bid.
The VIP-member is charged a member fee. The full amount is charged at once. For the current amount, we like to refer you to our price policy.
The payment of the member fee is as described in article 8 regarding payments and modalities.

3.3/ End of account
Every registered user may disable his account at all times. The account however will remain visible regarding the previous performed actions. The former-registered user remains liable for every obligations based on platform actions. The account can be re-enabled within a period of 2 years time, following the moment of disabling, upon request towards Labelcrush. Labelcrush is free to refuse the re-enabling, without further information or reasoning.
Every registered user may ask for a full erasure of the account. Labelcrush will perform the erasure as soon as possible upon such request. For further information regarding full erasure we kindly refer to our privacy policy.
Labelcrush reserves the right and discretion to block or remove the account of the user at all time. This right may come into action when the registered user acts contrary to this general user agreement or its accessories, or contrary to any applicable legislation or contrary to the rights of a natural or legal person. These causes are in no way exhaustive and Labelcrush preserves discretion on the use of blocking. 
The blocking of a premium user will not result in the restitution of any payments when this blocking is the result of a wrongful action that can be attributed to the premium user or his account.


4/ Obligations of users


Every user is expected to act on the platform in accordance to the conditions put forward in the General User Agreement and additional Policies. This should, at all times, be on the basis of good faith.  Every user should absolutely refrain from following infringements;
1. Users cannot use the website, in any way, to collect personal information from other users or third persons. Users cannot make personal information regarding other platform users or third persons public, in any way.
2. Users should not disturb the good operation of the website. This includes that users should refrain from viruses, worms, Trojans or other software that may infringe the services and interests of both LABELCRUSH and its users. Users should also refrain from any content that may burden or disturb the websites infrastructure and its proper functioning.
3. Users should not send unsolicited or commercial messages between members, such as junk mail, spamming and chain letters. Nor should users send threatening messages and other disturbing messages between users.
4. Users should refrain from adding content that can be described as not-appropriate regarding the aims of the platform. Labelcrush reserves a large discretion and may notify users when touching boundaries.
5. Users should refrain from inappropriate, (sexually) intimidating, vulgar or hateful speech on the platform, link such speech to the platform or make a link to such speech on the platform.
6. User should refrain from linking to (child-) pornographic material or any other material that is contrary to public order and morality.
7. Users should refrain from any content that promotes or is the consequence of illegal activities
8.  Users should refrain from any IP-violations, privacy violations and other violations of law or the rights of third parties.
9. Users should refrain from practices that may circumvent the business-model of Labelcrush.
10. Sellers should refrain from the specific mentioned infringements.
This list tries to be complete but is far from exhaustive. Labelcrush preserves itself a large margin of discretion when considering behaviour of users. Any user-action that can be considered as not ‘in good faith’ is presumed to fall within this margin of discretion.
All users that enter into obligations on the platform are supposed to comply with these obligations, regardless whether these are towards Labelcrush or other users. Non-compliance may lead to the committed-user’s liability. Labelcrush preserves the right to help any wronged party within the legal boundaries, for example by providing the necessary contact details.


5/ Buyer policy


Every buyer is expected to comply with every agreement he entered into with a seller. Buyer is obliged to pay for every product he bought and is obliged to receive the bought product. Seller is only expected to send the item upon receive of the payment. If a buyer does not pay within the given timeframe (standard 5 days), seller is not due to dispatch the sold item.
However an exemption for the obligation to receive exists in cases where:
- Structural differences exist between the original item description and the real item. This regardless whether this was the result of a slip of the pen.
- The identity of seller is not correct.
- When using a right of withdrawal if applicable.
A right of withdrawal only exists in so far as a seller is obliged to offer this right or a seller has agreed on the existence of such right. The buyer will be informed of his right of withdrawal in that case and is free to use his right, in the valid way. A valid use implies that the buyer informs the seller in a written statement of his decision to withdraw from the contract within 14 days. This period starts on the day the carrier passed on the physical possession of the goods to the buyer or a third party that acknowledged it’s competence to do so. Buyer is obliged to either send back the goods or hand them over to the trader or to a person authorized by the trader to receive the goods, without undue delay and in any event not later than 14 days from the day on which he has communicated his decision to withdraw.


6/ Infringement-policy


Labelcrush preserves the right to sanction every user-infringements when necessary. Labelcrush engages to undertake the most appropriate action in relation to the infringement, and therefore preserves a large margin of discretion regarding the sanctions. Labelcrush may, but is not excluded to, undertake following actions;
- Suspend the users accounts on a temporary or perpetual basis;
- Prevent access to the platform;
- The annulation of buying- of selling-offers;
-  Non-repayment for standard-costs for annulled offers;
- Remove content and/or take the necessary steps to end an infringement. If an infringement caused direct or indirect damages to Labelcrush or third parties, Labelcrush preserves the right to ask for compensations. This may happen through the legal way when necessary. The mentioned sanctions are in no way exclusive.
Every user remains bound by the obligations he made before the suspension or the prevention of access or any other sanction that prevents further use of the website. This irrespectively whether these obligations are towards Labelcrush or other website-users.
Labelcrush engages itself to create a point of contact (support@labelcrush.com) for notification of inappropriate trading behaviour, but also for any violations concerning the law or rights of third parties. Users or third parties that feel offended by the content on Labelcrush, on the basis of the aforementioned, are free to file a complaint towards the Labelcrush point of contact (support@labelcrush.com).  Labelcrush engages to undertake the appropriate action upon a valid, well-founded complaint.


7/ Intellectual Property


7.1/ Intellectual property of users
When a user adds content on the website, he is responsible for the Intellectual Property-rights that relate to this content. By adding the content on the platform, the user grants ‘Labelcrush’ a worldwide, non-exclusive, transferable, sub-licensable, free of charge license to use the content, make it public and duplicate the content.  This license regards to all types of Intellectual Property, within the boundaries of law. Labelcrush engages to only use this content for the purposes of functioning and promotion of the services. The content-adding user grants towards other Labelcrush-users a worldwide, non-exclusive, free of charge license to use the content, make it public and duplicate the content when this falls within the use of the Labelcrush-platform.
Labelcrush is not responsible for content placed on the platform by its users or third parties that may infringe Intellectual Property Rights. Every user has a positive obligation to notify every possible infringement. Labelcrush engages to take the appropriate actions towards such infringements, but stresses that this is an obligation of best effort. The appropriate action may be the removal of the violating content, but is not restricted thereto.
If the user is not the owner of the Intellectual Property Rights regarding to content on the Labelcrush-platform, every party of interest may notify this to Labelcrush in order to seek restitution. This party is required to fill out the notification form and mail this document to support@labelcrush.com. LabelCrush preserves the right to remove violating content at all time. Labelcrush cannot be held responsible for Intellectual Property violations nor for any direct or indirect damage due to such violations.


7.2/ Intellectual Property of Labelcrush
The Labelcrush-website is protected by Intellectual Property Rights. This protection regards to the content, source code, database, but is not limited to these. The use of the website does not imply a transfer of the Intellectual Property Rights towards the user. Every user should be aware at all time of these Intellectual Property Rights and should therefor refrain from any violations. Every violation may lead to his liability.
Labelcrush wishes to create an environment that is safe for the user regarding to Intellectual Property. Labelcrush therefore grants its users a temporary, revocable and non-exclusive license to visit the website and make personal use of it. This license also includes the possibility to create a link to the homepage of the website, in so far as this is considered as ‘fair use’ of this license. Such a link cannot derogate the independent, intermediary position of Labelcrush. Labelcrush can undertake every possible action in order to remove the wrongful use of a link.
Every other action than the above mentioned requires the explicit, written consent of Labelcrush. Upon such consent, these actions are not permitted.


8/ Payment


All prices for Labelcrush-services are charged as displayed on the website at the time of the purchase (for example for premium account when clicking the payment button). The price includes VAT and is always presented in Euro. When the price on the website and email differ, than the website prevails.
Labelcrush enjoys the freedom to change the price of a premium account at all times, without prejudice to the above mentioned.
The delivery of the Labelcrush service will only start when the payment for the service has been received. The advertisement fee may be exempted when a previous sales-transaction did not take place and the item is again advertised on the platform. Such exemption will only be applicable on demand of the buyer and confirmation of Labelcrush.
Labelcrush makes use of external payment platforms for all the online payments, such as   ‘paypal’, ‘PingPing’ and ‘Ogone’. These payment platforms are used for the payments between users and Labelcrush for Labelcrush-services, but will also be used for payments between buyers and sellers. These payment platforms are specialised in online payments and is responsible for every mistake in the payment process that can be assigned to the payment platform. All other conventional security-measures via SSL are taken to guarantee a secure payment.
 
9/ Liability;


All Labelcrush-users can rely on the user-friendly, efficient, accessible and safe character of the website. Labelcrush undertakes all possible and reasonable efforts to this aim and this engagement should be considered as a commitment to best effort. However Labelcrush cannot guarantee the all-time accessibility and/or safety nor the undisrupted and/or un-interfered use of the website and its services.
Labelcrush performs the role of mere intermediary platform and can only be liable for its obligations regarding this role. Labelcrush is only accountable for direct damages up to the amount that user paid to Labelcrush in the 12 months prior to the breach of obligation. The absolute maximum amount Labelcrush can be held accountable for, is € 250.
Labelcrush is not liable for indirect damages such as consequential damages, lost profits, financial or commercial loss, loss of clientele, loss of reputation, loss resulting from claims of customers of the user, etc.
In every case, Labelcrush is not liable for:
- Any damages inflicted by force majeure. Force majeure is every extra-ordinary event or circumstance beyond the control of the parties that prevents Labelcrush from fulfilling its obligations. This includes the situation where Labelcrush is not able to perform due to its own suppliers.
- Labelcrush is not liable for damages due to other causes that are foreign to Labelcrush, such as actions or omissions of third parties. This includes every use of third parties that can be qualified as wrongful conduct and misconducts of the website, but is not excluded to such situations.
- Labelcrush is not responsible for the actions of its users.  This includes shortcomings on their obligations, as clarified in these agreements, towards the other party, irrespective the position of seller or buyer. Labelcrush is, due to its intermediary role, not responsible for the mutual obligations of the parties. This implies that Labelcrush is not responsible for the factual transaction, neither for the transfer of property of the product between both parties.
- Labelcrush is not responsible for shortcomings to specific legal obligations by users. This includes but is not limited to the legal obligations of the professional trader regarding consumer law and e-commerce law. Labelcrush is also not responsible for infringements to the General User Agreement and its additions by the seller.
- Labelcrush is not held to guarantee the accuracy of any content on the platform. Labelcrush is therefore not responsible for any shortcomings with regards to the information duty of buyer and seller. This includes the situation where the quality, safety or legality of the advertisements is not in accordance to the reality.
- Labelcrush is not responsible for content on that platform posted by users or third parties. This includes but is not limited to IP-violations, offensive content, the rate to which content is veracious, etc. Labelcrush engages itself to take appropriate measures towards violations when notified, but regards this as an obligation to best effort.
Every user that performs an action or omission that may affect the liability of Labelcrush is held to safeguard Labelcrush from any damages that may arise. This includes damages that Labelcrush may suffer such as loss of income, loss of reputation, etc. The user is held to safeguard Labelcrush from any judicial procedures relating to this.
The liability of Labelcrush should be regarded in accordance with the valid legal interpretations. This should anyway be in the interpretation that leans the most towards this General User Agreement.


11/ Applicable jurisdiction


The laws of Belgium exclusively govern this agreement between user and Labelcrush. Barring the rules of Brussels I-regulation and other applicable law, the courts of Antwerp (Belgium) are presumed competent.
Labelcrush is an active supranational player, which implies that other jurisdictions may rule on the clauses of this agreement and a different interpretation may be applied. Labelcrush wishes to ensure that in such case these agreements should be interpreted strict within the legal margin of interpretation.


SPECIFIC SELLER POLICY


1/ In General
Labelcrush stresses that its role is restricted to the creation of an online platform where sellers and buyers meet. Labelcrush is a sole intermediary, and never a party in the buying and selling on the website.
With regards to the seller, a distinction should be made between any private seller and a professional trader or further on referred to as ‘company’. A professional trader is every natural or legal person who is acting for purposes relating to his trade, business, craft or profession, in a repeated way.
Labelcrush would like to give the users a high level of consumer protection but cannot guarantee this protection due to its intermediary role. Therefor any professional trader that acts on the website is considered to comply with every applicable legislation for webshops, especially but not exclusively with regards to the directive on electronic commerce (2000/31/EC) and the Directive on Consumer Rights (2011/83/EC). Labelcrush is not liable for any infringements on these regulations by the professional traders.
Regardless the scope of previous mentioned legislation, Labelcrush considers the obligations as set forward in this specific seller policy crucial for every Labelcrush-seller. These obligations should therefore be applied by all sellers, irrespective their position as a professional trader.


2/ Private sellers (MyCloset)
Every Labelcrush-user can decide to sell items on the website by opening a ‘MyCloset’-account. There is no restriction on the number of items offered for sale by private sellers. Every item must be offered at a minimum-value of 50 euro. All prices are presented as charged. Shipping costs and additional services are charged separately.
An advertisement requires at least 4 pictures of the item. Labelcrush require that the images of sellers present the item in the most attractive way; this includes the removal of any background.
We refer to our price policy for the specific rates for advertising. The advertisement fee is due, regardless whether the item will be sold on the website or the selling has been aborted for example because buyer send the item back. The payment of the advertisement-fee and extra costs is as described in article 8 of the General User Agreement.
Labelcrush engages to make the specific advertisement public within 48 hours after deposition, in so far as the payment has been received. Every seller agrees on the condition that VIP-buyers get a 48 hours preview and buying opportunity regarding to the advertisement, before the public advertising.
The items are offered during one year on the website. If the item remains unsold after one year, it is classified at the back of the list. Every sold item remains listed during one month in the category of sold goods, before classification at the back of the list.
Labelcrush preserves the opportunity to refuse product offers before the public advertising. Likewise Labelcrush preserves the right to remove product offers at all time. Labelcrush has a wide discretion regarding to this right of refusal or removal.


2.1/ ‘Make me an offer’
The private seller may opt for the ‘make-me-an-offer’-tool upon selling. This tool allows interested buyers to make a proposal at a price other than the initial asked price. Seller may accept, refuse or make a counterproposal. The procedure of proposal and counterproposal may only be repeated once (Two proposals and two counterproposals).
Buyer can purchase the item within 24 hours when his proposal was accepted. No new proposals can be accepted during this time limit. This purchase however remains conditional upon an (new) offer at the initial asked price within the 24 hours. In that case will the item be assigned to this last buyer.


3/ Company (MyShop)
Every professional trader that wants to sell on the Labelcrush-website must register as a company. Upon registration a MyShop-account is created. Companies are required to place the integral subscription fee on the paypal-account. Labelcrush collects the subscription fee every month automatically from this paypal-account. For more information on the subscription fee, we refer to our specific price policy.
An advertisement requires at least 4 pictures of the item. Labelcrush require that the images of sellers present the item in the most attractive way; this includes the removal of any background.
There is no restriction on the number of items offered for sale by companies. Every item must be offered at a minimum-value of 50 euro. All prices are presented as charged, including VAT. Shipping costs and additional services are charged separately. The ‘make-me-an-offer’-tool is also applicable regarding to companies.
We refer to our price policy for the specific rates for advertising. The advertisement fee is due, regardless whether the item will be sold on the website or the selling has been aborted for example because buyer send the item back. The payment of the subscription-fee, advertisement-fee and extra costs is as described in article 8 of the General User Agreement.
Labelcrush engages to make the specific advertisement public within 72 hours after deposition, in so far as the payment has been received. Every seller agrees on the condition that VIP-buyers get a 48 hours preview and buying opportunity regarding to the advertisement, before the public advertising.
The items are offered during the subscription term of the company. If the item remains unsold after the subscription is finished, the item is made invisible for buyers. Upon renewal of the subscription the visibility is restored. Every sold item remains listed during one month in the category of sold goods, before classification at the back of the list.
Labelcrush preserves the opportunity to refuse product offers before the public advertising. Likewise Labelcrush preserves the right to remove product offers at all time. Labelcrush has a wide discretion regarding to this right of refusal or removal.


4/ Information duty
Every seller engages to provide the necessary information on a clear, comprehensible, unambiguous way and prior to the order being placed. Necessary information can be understood, but not in an exclusive way, as:
- General information regarding the seller:
o The identity of the seller, including his trading name if applicable.
o Any registration number or equivalent means of identification if applicable and any VAT-identification if applicable.
o Every seller should provide contact details that allow rapid contact and communication in a direct and effective manner such as an email-address. Professional traders are required to provide their geographic address and VAT-registration number.
- Information regarding the specific selling
o The main characteristics of the goods or services, to the extent appropriate
o The total price of the goods or services inclusive of taxes
o All additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.
o Any arrangements for payment, delivery and performance. This includes the timeframe by which the trader undertakes to deliver the goods and any individual complaint handling policy provided on initiative of seller.
o The cost of using an alternative means of distance communications for the conclusion of the contract, where this cost is calculated at another rate than the basic rate.
o Any of the further on required information regarding the right of withdrawal, if applicable.
o The cost of returning the goods that consumer has to bear in case of withdrawal.
o A reminder of the existence of a legal guarantee of conformity for goods.
o The existence and conditions of after sale customer assistance, after-sales services and commercial guarantees. 
o Whether any delivery restrictions apply and which means of payment are accepted
The trader shall provide the consumer with the confirmation of the contract concluded, on a durable medium within a reasonable time after the conclusion of the distance contract, and at the latest at the time of the delivery of the goods or before the performance of the service begins.
5/ Rules and policy regarding product offers
Every product offer should clearly mention a realistic price, which includes VAT, within the given space. The sending-costs for the goods should be clearly mentioned within the assigned space.
Every product offer should contain information that is as complete and sincere as possible. Every type of damages should be clearly mentioned, if applicable. An advertisement implies a realistic provision of images and photographs. This last is preferably from different angles and with attention to the damages.
Every seller is assumed to act on a bona fide way on the platform. This implies that every seller refrains from;
- Sales that can be considered as pure advertising for an own company, shop or website
- Duplication of the same product offer;
- Every article should be placed under the correct header and sub-header


5.1/ prohibited objects
Every product offered on the website should be in accordance with the aims of Labelcrush, scilicet the sales of unique fashion-items and accessories, such as clothing, belts, scarves, shoes, etc. The products may be new, almost new or used items.
Regarding to used clothing, the seller must offer these goods in perfect, wearable condition accompanied by the mentioning of the fact that clothing had been used and always washed according to the prescriptions of the producer. The advertising of used underwear is prohibited at all times.
At all times, sellers should refrain from advertising the following products:
- Goods that are not in a good condition. When there can be doubt about the condition, this should be clearly mentioned. If the product contains stains, this should be mentioned at all times.
- Goods that are of can be the subject of an illegal activity, such as stolen goods or counterfeiting goods but also clothing and identification badges of agencies of public order.
- Goods that are clearly not in accordance with the original aim of the platform
- Goods with pornographic content
- Goods that are protected by an embargo, such as certain types of leather, ivory, etc.
This recital is in no way exclusive, and can be extended from a view on the original aims of Labelcrush as mentioned in article 3 General User Agreement.


6/ Content management
The fact that Labelcrush publicised the advertisement does not imply an automatic approval on the content of the advertisement. Labelcrush preserves the right to remove at all times advertisements that are not in accordance with the aforementioned rules.
In case of a severe infringement or continuous small infringements on the above stated rules or on the bona fide behaviour that Labelcrush can expect from its sellers, Labelcrush preserves itself the right to temporary or perpetual suspend the sellers account on the platform. Labelcrush has a wide discretion on the determination whether something can be seen as a small or severe infringement.


7/ The right of withdrawal
This right of withdrawal is, in deviation to article 1, 4th section Specific Seller Policy, only applicable to professional traders. Every professional trader is required to provide a right of withdrawal. This right of withdrawal consists of a period of 14 days to withdraw from the contract without giving any reason, conform article 9-16 Consumer Rights Directive.
Using the right of withdrawal implies that the professional trader reimburses all payments received from the consumer within 14 days from the day on which he is informed of the consumer’s decision to withdraw from the contract. The reimbursement must not include supplementary costs such as the specific choice for an exceptional type of delivery. The professional trader must inform the buyer on the bearing of the direct cost of return.
The professional trader needs to inform the buyer on the existence of this right of withdrawal, at all times. The trader should provide information regarding the conditions, time limit and procedures for exercising the right.
The Professional trader does not need to provide this right of withdrawal for the supply of goods made to the consumer’s specifications or clearly personalized.
Other sellers are free to choose whether they comply with the right of withdrawal. In all cases an indication on the right of withdrawal is needed, even when this is not applied.


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