Scope, conceptual provisions
1.1 For all orders placed by a consumer or an entrepreneur (hereinafter “customer” or “you/”your”) via the international online shop (www.sellpy.com, hereinafter referred to as "online shop") operated by Sellhelp AB (hereinafter “provider” or “we”) the following General Terms and Conditions ("General Conditions of Purchase") exclusively apply as the applicable and valid version at the time of the order. Deviating general terms and conditions of the customer are not recognized unless we expressly agree thereto in writing.
1.2. The customer is a consumer to the extent that goods and services ordered cannot be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership who, when concluding the contract/placing the order, is exercising its commercial or independent professional activity or within such capacity.
1.3. In our online shop we mainly offer second hand goods. In addition, the product offering includes select articles from our business partners. These are returns that can no longer be sold as new goods, samples and or as overstock. Articles from business partners are labelled as such on the product detail page.
Entering into agreement
2.1. The presentation of the products in the online shop is not a legally binding offer, but qualifies as a non-binding online catalogue. The customer can select products from the supplier's product range and use the “Buy” or “Add to cart” button to place these in a so-called “shopping cart”. With the button "Confirm order" he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view his personal data at any time. By submitting his order, the customer declares that he/she agrees to the validity of these general terms and conditions.
2.2. Upon completion of the order, payment is made with the payment method selected by the customer by which the purchase is concluded. Immediately afterwards, the provider sends the customer a confirmation of the order receipt together with an acceptance / payment confirmation by automated e-mail. The contract text (consisting of the purchase order, general terms and conditions of purchase and the order confirmation) is sent to the customer. The contract text is stored by the provider in compliance with data protection regulations. Registered customers can view their past orders under "My Account" / "My Orders".
2.3. The final contract is in English.
Delivery
3.1. The delivery times that are specified are calculated from the time of the order confirmation, prior to the payment of the order. As long as no deviating delivery time is specified for the respective goods in our online shop, the regular delivery time is 2 to 11 working days.
3.2. The delivery is only carried out to countries available for selection in the checkout page of the online shop.
Retention of Title
4.1. Ownership of the goods does not transfer to the customer until full payment has been made by you. Pledging, assignment, disposal, transfer or redesign without our consent is not permitted prior to the transfer of ownership.
Prices and shipping costs
5.1. All prices presented in our online shop include VAT but do not include shipping costs.
5.2. The corresponding shipping costs are presented to the customer when the order is made and are to be borne by the customer, unless the customer makes use of his right of withdrawal. We also provide information about shipping goods and costs via our FAQ.
5.3. The goods are dispatched by post. The provider only bears the shipping risk if the customer is a consumer.
5.4. In the case of a cancellation, the customer has to bear any costs incurred during the return. The same applies in the case of exercising the voluntary right of return in accordance with Clause 11.
Payment processing and terms of payment
6.1. The payment methods and handling of the payment methods or payment processes available for the online shop takes place via the payment service provider Adyen N.V., registered with Dutch Chamber of Commerce under the No. 34259528, based in Simon Carmiggelstraat 6-50, 1011 DJ in Amsterdam, Netherlands (Below “Adyen”).
6.2. The customer's payment data is not saved by the provider, but only with the payment service provider Adyen. The payment data is encrypted according to SSL. Further information on the storage of payment data and data processing can be found in the data protection declaration of Adyen to access at: https://www.adyen.com/policies-and-disclaimer
6.3. The following payment methods are available for the customer in the online shop:
6.3.1. Credit card (Visa, Mastercard, American Express, Discover, Diners Club, JCB) using Adyen If you choose the payment method credit card, your credit card account is loaded with completion of the order.
6.3.2. Sellpy credits You can pay for your order that you have placed on our website in whole or in part with Sellpy credits. If the amount of Sellpy credits is not sufficient for the order, the remaining part can be covered by alternate payment options offered in the online shop.
6.3.3. PayPal You can complete the payment via PayPal by logging into your PayPal account. You can select PayPal credit or the other payment methods - either bank account or credit card - offered by PayPal. Sellpy cannot therefore access the data you entered or access your account. For more information and questions, please visit PayPal.com or contact PayPal's customer service.
6.4. If the customer fails to pay for their completed purchase, the purchase price must be paid with 5% interest above the base interest rate during the delay. The customer's obligation to pay interest does not rule out the option for the provider to pursue further damages.
Customer account
7.1. You have the option to open a customer account and order future orders after entering your username and password without having to enter your address data again. The required data must be provided truthfully and updated immediately in the event of any changes so that a smooth delivery is guaranteed.
7.2. Customers are obliged to keep their access data secret. Customers shall not pass their access data on, nor share or enable any third party access and are obliged to take necessary measures to ensure confidentiality, as well as to notify the provider by email to hello@sellpy.com in the event of misuse or loss of the access data or any suspicion thereof.
Promotional vouchers and their redemption conditions
8.1. Promotional vouchers are vouchers that cannot be purchased, but that we issue as part of advertising campaigns with a certain validity period.
8.2. A promotional voucher cannot be transferred to a third party.
8.3. Promotional vouchers can only be used during their respective validity period in the online shop and only before an order has been completed. Subsequent crediting is not possible. Each promotional voucher can only be used once and promotional vouchers cannot be combined with other vouchers unless expressly agreed by us otherwise. The value of a promotional voucher is neither paid out in cash nor can interest be accrued.
8.4. Promotional vouchers can be bound to a minimum order value. In case of a promotional voucher that was issued with a certain monetary value, the price of the order must in any case be at least equal to the monetary value stated on the promotional voucher.
8.5. An promotional voucher will not be reimbursed if the customer returns the goods paid with the promotional voucher as part of their legal right of withdrawal or their right of return in accordance with Clause 11. If, in the event of a cancellation or a return of goods, the total value of the order is less than the value of the promotional voucher, or the promotional voucher is linked to a minimum order value and that minimum order value is no longer reached, the price of the goods that the customer keeps shall be deemed equal to the value of the promotional voucher. We can recalculate the original price of the goods that the customer keeps.
Sellpy credits and gift vouchers
9.1. Sellpy Credits is a payment option at Sellpy. Sellpy Credits are valid for two years. 1 Sellpy Credit corresponds to 1 EUR. Sellpy credits can be purchased by: 1) The purchase of gift vouchers from Sellpy or 2) The conversion of revenue from the use of Sellpy in Credits
9.2. Gift vouchers are vouchers that you can buy. These can only be redeemed for the purchase of articles from Sellpy, but not for the purchase of other gift vouchers. Gift vouchers are valid for two years. During this period, vouchers can be converted into Sellpy Credits under “Redeem voucher”. The Credits are then displayed as a payment method in the shopping cart. You can also see the current credit of Sellpy Credits under “Sellpy Credits” in your Sellpy account.
9.3. Gift vouchers and Sellpy Credits can only be redeemed before the order process is completed. Sellpy Credits or gift vouchers are neither paid out in cash nor can they accrue interest. A conversion of Sellpy Credits into vouchers is not possible.
Legal right of withdrawal When concluding a distance sale, consumers generally have a right of withdrawal, which we inform you about on our website and order page. In addition, any information regarding the right of withdrawal is made available to the customer on the receipt and order confirmation.
Voluntary return policy
11.1. For all purchases in our online shop, we will grant you in addition to the statutory right of withdrawal (see section 10), a voluntary right of return of a total of 30 days from the receipt of your goods. With this right of return, the customer can withdraw the goods within 30 days by sending the goods back – even after the 14-day cancellation period has expired. The return period commences from the day the customer or a third party (not being the carrier of the package) named by them has taken possession of the goods. Dispatch of the goods by the consumer should occur within the 30 days period.
11.2. The prerequisite for exercising the right of the voluntary return is that the goods were only tried on for fitting, as in a retail store, and that the goods are returned to us fully and in the same state as when they were purchased (e.g. with a label). If these requirements are not met, the provider can refuse to take the goods back.
11.3. Before returning the goods, the customer must start the return process via their customer account under "My order". The customer has to bear the costs of returning the goods. They have the option of buying a corresponding return label to ship the return. If the customer does not want to buy a return label from the provider for the return, they have to send the return to the following address: Sellhelp AB / Sellpy, c/o H&M Hennes & Mauritz logistics 1 Sp. z o.o., ul. Magazynowa 4, 62-023 Gądki, Poland. Shipping with DHL International is recommended.
11.4. A reimbursement will be made in accordance with the payment method, which was chosen by the customer when placing the order, unless something else has been expressly agreed upon. If the customer buys a return label from the provider, the purchase price of the return label will be deducted from the reimbursement amount. A reimbursement will take place within 14 days of the return being received by the provider. If Sellpy Credits have been used together with another payment method to pay for an order, the first part of the refund will be made in Sellpy Credits and then through the other payment method if the total refund exceeds the amount originally paid for in Sellpy Credits.
11.5. This voluntary right of return does not limit the statutory right of withdrawal or the statutory warranty rights.
11.6. As part of the order of Sellpy bags for the Sellpy selling service, return labels are also provided. Neither the Sellpy bags nor the return labels for the Sellpy bags can be used for returning orders. If an order is returned incorrectly in a Sellpy bag and/or with a return label for a Sellpy bag, the processing and reimbursement of the return cannot be guaranteed. Returns in Sellpy bags are dealt with in accordance with the general conditions of the Sellpy selling service.
Transport damages
12.1. If goods are delivered with obvious transport damages, please report such errors to the deliverer immediately and please contact us as soon as possible. Customer’s warranty rights will not be affected in case the customer fails to file a complaint or does not contact us. However, by timely notifying, you help us to assert our own claims against the carrier or the transport insurer.
Warranty, guarantee
13.1. The provider is liable for material or legal defects. With respect to entrepreneurs, the warranty period for delivered goods is 12 months. Additional guarantees are only given by the provider if this was expressly stated for the specific article in the order confirmation.
Liability
14.1. Customer claims for compensation are invalid. This excludes the customer's claims for damages from the violation of life, body, health or from the violation of essential contractual obligations (essential obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents. Essential contractual obligations are those whose fulfilment is necessary to execute the contract.
14.2. In case of violation of essential contractual obligations, the provider is only liable to contractual and foreseeable damages if it has been simply caused by negligence, unless the claims are for damages by the customer because of injury to life, body or health.
14.3. The limitations included in Clause 14.1 and 14.2 also apply in favour of the provider's legal representatives or agents if claims are asserted directly against them.
14.4. The liability restrictions resulting from Clause 14.1 and 14.2 do not apply if the provider has fraudulently concealed any defect or gave a fraudulent guarantee regarding the quality of any item. The same applies if the provider and the customer have made an agreement on the matter. Legal provisions regarding product liability will still apply in respect of any defects.
Fraud
15.1. Every customer is only entitled to one customer account. Promotional offers and vouchers that are offered for new customers or the registration to Sellpy’s marketing newsletter can only be used once per customer. We reserve the right to delete or merge accounts of customers with multiple registrations.
15.2. Customers are not allowed to buy their own articles or to manipulate Sellpy’s services - including Sellpy’s claim and return policy - in any other way. In the event of breach Sellpy reserves the right to cancel fulfilment of the order and/or to not accept claims. In addition, the customer will be permanently blocked from using the service. The customer is liable for all damages that Sellpy incurs in this context.
Consumer dispute resolution
16.1. The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/.
16.2. We are not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.
Final provisions
17.1. The laws of Sweden apply to the contractual relationship between the provider and the customer, and we hereby exclude UN sales law (CISG). The European Commission provides a platform for online dispute resolution on its website https://ec.europa.eu/consumers/odr/. We are not obliged to resolve disputes with customers on this ODR platform.
17.2. The personal data of our customers are only processed by us in accordance with statutory law provisions. For more information about how we process the personal data of our customers, please refer to our Privacy Policy, accessible at: https://www.sellpy.com/agreements/data_policy.html
17.3. If the customer is a business, a legal entity or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationships between the customer and the provider is the provider's registered office.
17.4. If a provision of this contract is or becomes invalid, or if the contract contains a regulatory gap, this does not affect the validity of the contract.