Valid from 2019-08-14
1. SCOPE OF THE COMMISSION
RE/WAY AB commits itself as commissioner on behalf of the Seller to sell the seller’s submitted items on the RE/WAYs website www.shopreway.com on the terms set out below.
These general terms of consignment (the “Terms of Consignment”) apply when you as a seller (the “Seller”) submit an item to RE/WAY AB with the purpose to sell the item on www.shopreway.com (the “Website”). The agreement is concluded between you and RE/WAY AB, company reg. no. SE559221702901 (”RE/WAY”).
2. SUBMISSION/RECEPTION OF ITEMS
The seller guarantees that he or she has full ownership of items that are submitted to RE/WAY for sale. If the Seller does not have full ownership of the item, the Seller shall be able to prove, in writing, his authority to sell or collect receipt for the delivered item. The Seller guarantees the authenticity of the item. When an agreement about a sale has been reached, a special sales agreement is written and signed between the parties, a so-called. receipt/contract. This is a digital contract sent out by RE/WAY and signed by the Seller. RE/WAY assigns a price for each item after the usual inspection and valuation of each item. The price is based on a market valuation, but the price at which an item is finally sold can be substantially greater or less than the price. The price is only to be seen as guidance for buyers. RE/WAY reserves the right to unilaterally and without the right to compensation for the Seller withdraw from sales orders if doubt arises concerning the authenticity of the object, the ownership of the object or other according to RE/WAY’s assessment material circumstance.
3. STORAGE AND INSURANCE LIABILITY
RE/WAY holds received items insured against damage in connection with burglary, fire and water damage as well as theft up to a value corresponding to the set price minus sales fees and, if the price is stated in intervals, to the lower price in the interval, or price minus sales fees. RE/WAY shall not be liable for any minor damage that may occur to objects when displayed or handled, RE/WAY is not obliged to compensate the Seller for any damage exceeding the insurance value as stated above.
4. SALES CURRENCY
Items received for sale in Sweden are valued, sold and paid in Swedish kronor (SEK). All fees that apply to these items are in Swedish kronor (SEK). Items received for sale in the Nordic countries are valued, sold and paid in euros (EUR). All fees charged for these items are in euros (EUR).
5. SALES CHARGES
RE / WAY charges a sales commission. Upon cancellation of a sales order, the Seller is charged a fee according to the current price list.
6. PRICE AND MISSION
By surveillance is meant that RE/WAY, on behalf of the Seller, monitors that items are not sold below the agreed acceptance price. The acceptance price must be confirmed on the digital receipt/contract sent out by RE/WAY or via email or orally by telephone. Seller does not have the right to withdraw a sales order if the item has been published on the Website. For a withdrawal of sales orders where the subject has not been published a fee is charged according to the current price list.
7. NOT SOLD ITEMS
Unsold items must be collected by the Seller no later than ten (10) business days after 65 days after the submission to RE/WAY, the Seller may request home delivery of the unsold item, at Seller’s expense. If the pick-up or request for a home delivery does not occur within the time stipulated above and the Seller within the same time has not informed RE/WAY that the sales process is interrupted, RE/WAY has the right to resell the item on the website, RE/WAY then also has the right to reduce the acceptance price according to what RE / WAY finds appropriate. RE/WAY also has the right to donate items that have remained unsold to a charity if the following conditions are met: (i) no one has purchased the item, (ii) the item has not been collected or home delivery requested within the time prescribed, and (iii) the seller has not within the same time, announced to RE/WAY by writing, that the Seller will retrieve the item.
Sales made through the Website are covered by the right of withdrawal under Swedish law (2005:59) on distance contracts and agreements If the buyer exercises his/her right of withdrawal, RE/WAY reserves the right to re-publish the item for sale without prior notice to the Seller in accordance with the conditions set out in paragraphs 6 and 7 above; whereupon RE / WAY bears no financial liability to the Seller for changes in the item’s final price at a resale.
Preliminary settlement are available on the seller’s profile at the Website directly after sale. Information on prices is provided on the Website. Payment is made from RE/WAY’s account two (2) calendar days after the sale, provided that full payment is received from the buyer and that no complaint or exercise of statutory right of withdrawal has been made. When selling to the consumer, the buyer has a statutory cancellation deadline of fourteen (14) calendar days from the buyer taking the item in his possession (withdrawal period). If the buyer has notified RE/WAY this but does not return the item in statutory time (return deadline), RE/WAY has the right to demand completion of the purchase to the buyer. RE/WAY has no obligation to take any action against the Buyer and will not be liable to the Seller for the Buyer’s fulfillment of the Purchase.
10. LIABILITY FOR ERRORS
If RE/WAY is liable to the purchaser of the item for any inaccuracies and thereby liable for damages, RE/WAY has the right to demand corresponding compensation from the Seller. The seller is aware that the items sold under the terms RE / WAY generally applies. RE/WAY is unilaterally entitled to move or terminate a sale or due to technical or other circumstances that RE/WAY considers necessary, regardless of whether the circumstances have been within the control of RE/WAY. Unless otherwise provided by mandatory law, RE/WAY shall never be liable for direct or indirect damages which the Seller may suffer except if RE/WAY is guilty of gross negligence. The seller is obliged to take reasonable steps to prevent or limit loss or damage.
11. FORCE MAJEURE
If RE/WAY or RE/WAY subcontractor is prevented or delayed in fulfilling its obligations under these terms, e.g. a canceled sale or delayed payment, due to force majeure, should RE/WAY be exempt from penalties and other sanctions, provided that RE/WAY informs the Seller of the circumstances within a reasonable time. As soon as the obstacle has expired, the obligation shall be fulfilled in the agreed manner. Force majeure refers to unforeseen circumstances beyond RE / WAY control, e.g. natural disaster, fire, flood, war, war-like event, revolution, confiscation, seizures, nuclear process, terrorism/terrorist act, new or amended legislation, government action or labor dispute.
13. PERSONAL INFORMATION
RE/WAY complies with the provisions of Swedish law with supplementary provisions to the EU Data Protection Regulation (2018:218) EU Data Protection Regulation (2016/679). RE/WAY is responsible for the personal data and for the information you as Seller provide to RE/WAY. Personal information, such as name, address, social security number, telephone number and e-mail address, provided in connection with RE/WAY services or otherwise within the framework of a contractual agreements with RE/WAY, is used for the administration and fulfillment of RE / WAY obligations attributable to the online business; in order to be able to provide good service and to fulfill obligations according to law. Personal information may also be processed for marketing and customer analysis and statistics and for marketing purposes, such as targeted advertising, administrative announcements, product offers, newsletters, etc. Personal data may be updated and supplemented by procurement from private and public registers. For specified purposes, personal data may be disclosed to other companies within the RE/WAY Group and to companies with which the Group cooperates. Seller has the right, upon written request, to receive written information about what personal data that RE/WAY has registered and how this information is used. The Seller is also entitled to request that RE/WAY correct or remove incorrect information about the Seller. Anyone who does not want his / her personal data processed for direct marketing purposes should send a written request to RE/WAY, email@example.com
14. DIFFERENT LANGUAGE VERSIONS
These terms and conditions of sale have translations into other languages (currently Swedish, English). In case of differences between different language versions, the Swedish version of the terms prevails.
In case of complaints where the parties do not succeed in agreeing, you as a consumer resident in the EU have the opportunity to contact the Swedish Complaints Board in Sweden, www.arn.se or Box 174, 101 23 Stockholm. You can also use the European Commission’s complaints platform available on the European Commission’s website.
Any disputes arising in connection with agreements relating to objects that have been put up for sale in Sweden shall be settled in accordance with Swedish law at the General Court of Sweden with Stockholm District Court as the first instance.
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