Buyer Terms

Boutique del Gioiello (also 'BDG') provides a marketplace where you can discover and buy special objects. It’s very important to us that our platform is reliable and safe for both Buyers and Sellers, to guarantee the best possible customer experience. To make this happen, our Buyers need to accept and abide by the rules as laid out in our Buyer Terms, which form an integral part of our Terms of Use.

The availability of our Services is restricted to a number of countries. 
Find a list of supported countries here:

- Canada
- European Union
- Israel
- United States

 These Buyer Terms also outline your rights and obligations under the Contract of Sale you enter into with Sellers. In our Seller Terms, you can find the rights and obligations of Sellers under the Contract of Sale.

For more information about capitalised terms used in this document, check our Terms of Use. 

Article 1: Purchasing Products

It’s great that you’re interested in purchasing Products on our Online Marketplace! Before using our Services, make sure you’re aware of the following: 

        The Buyer and the Seller of a Product enter into a Contract of Sale. If your Bid is the highest at the end of the order, you’ll be considered the Buyer and you’ll automatically enter into a Contract of Sale with the Seller of the Product.  
        
        Buyers have to pay transport costs and any additional import costs (e.g. VAT, import levies). You also acknowledge and accept that you are responsible for checking if there is any specific rule or restriction applicable to the import of an object into your country.

Article 2: Paying for Products

If you order a Product, you can call yourself the proud Buyer of that Product. 
The next step is to pay for it in accordance with our instructions. 
Below you will find our payment rules.

        After winning your Product, you need to pay within three (3) days. Within three (3) days from the end of the order, you are required to pay (i) the Purchase Price and transport costs (if applicable) to the Seller and (ii) the Buyer’s Commission to us. The specified payment period will never be regarded as a statutory limit. This means a notice of default is required before the Seller can dissolve the Contract of Sale due to your failure to pay. You must ensure that the Seller receives the full Purchase Price amount and we receive the full Buyer’s Commission amount. You are therefore responsible and liable for any costs (such as bank costs), taxes (such as withholding taxes), duties, and levies due. 
        You guarantee your purchase is legitimate. You warrant that you do not buy the Product as part of a fake transaction, enabling you and/or third parties to transfer the entire or partial Purchase Price and launder the money involved.

You can find more information about your payment options in our Help Centre.

Article 3: Delivery or pickup of Products

For most Products in our auctions, the Seller will ship the item(s) to the address associated with your Account. However, you may need to pick up certain Products. Make sure to always check the shipping details in the Product description.

        Make sure your address is correct for delivery. The Seller will ship your Product to the address in your Account. We’ll ask the Seller to ship the Product once your payment has been received.
        If there are any issues, contact us within three (3) days of delivery. As soon as the Track & Trace code shows the Product has been delivered, you have three (3) days to inform us about any issues related to the Product. If you need to pick up the Product, you will need to inform us of any issues related to the Product within three (3) days of pickup. You acknowledge that we will not assess the complaint and the Seller will receive their payment if you don’t inform us within this three (3) day period.
        If there are any shipping issues, we ask that you work towards a solution directly with the Seller. BDG is entitled to take the signature of receipt and/or Track & Trace delivery confirmation at the delivery location as proof that you’ve received the Product. If there’s an issue with the delivery of a Product and you don’t reach a solution with the Seller, you will both need to cooperate in an investigation by the transport agency. A running investigation does not prejudice our right to decide whether the Purchase Price will be refunded to you or paid to the Seller.
        Arrange pickup with the Seller. If you have won a Product that needs to be picked up, you must (arrange to) pick up the Product within five (5) business days of your purchase, unless you have agreed otherwise with the Seller. The specified pickup time will never be regarded as a statutory limit. If you fail to pick up the Product in accordance with our instructions or your agreement with the Seller, you acknowledge that we may either pay the Seller or cancel the transaction in our system.
        BDG may cancel transactions if the Seller does not deliver the Product. If the Seller does not deliver the Product in accordance with his obligations under the Seller Terms or the Product description, we will send the Seller multiple reminders. If the Seller does not act in accordance with our instructions, you agree and acknowledge that we may cancel the transaction in our system. Cancellation of the transaction is not the same as a dissolution of the Contract of Sale. Once we have cancelled the transaction, you are free to obtain your rights under the Contract of Sale with the Seller directly.  

Any questions about delivery or pickup? Have a look at our Help Centre.

Article 4: Failure to fulfil your obligations towards the Seller

If you fail to fulfil your obligations towards the Seller under the Contract of Sale, you will be in default and the Seller will be entitled to dissolve the Contract of Sale. We may send you a notice of default and a notice of dissolution on behalf of the Seller, but we are not obliged to do so. In that context, your obligations will include compensating the Seller’s damages, without prejudice to any other rights the Seller has.

Article 5: Failure to fulfil your obligations towards BDG

If you fail to fulfil your obligations towards BDG under the Terms of Use, we may decide to cancel the transaction of the relevant Product. This cancellation is not the same as a dissolution of the Contract of Sale. However, if we cancel the transaction, we can hold you liable for any and all damages and costs we sustain and/or incur as a result. This means you will still owe us the Buyer’s Commission. You’ll also be liable for the amount of the Seller’s Commission that we missed out on due to the cancellation.

Consequences of your failure to comply with our Terms of Use

To secure our own rights and those of other Users (e.g. if you breach our Terms of Use), we are entitled, at all times and at our own discretion, to (a) suspend your pay-out or refund, (b) withhold your payment, and (c) offset any financial claim we might have towards you with a financial claim that you might have towards us. If any of these actions is regulated by mandatory (consumer) law, we may only do so in accordance with such mandatory law.

In addition to the above, to comply with applicable law or if (i) you have breached our Terms of Use, (ii) you have repeatedly received poor ratings or we are made aware of issues with your conduct or behaviour, or (iii) we believe in good faith that they are necessary to protect our Online Marketplace, other Users, or to prevent fraud or other illegal activities, we may take the following measures:

    Temporarily or permanently limit your authorisation to bid on and/or sell Products
    Temporarily or permanently revoke any special status associated with your Account
    Temporarily or permanently limit your access to your Account
    If you (i) have not provided accurate bank or identification details upon our first request within a reasonable period, (ii) have been flagged by our Payment Service Provider, or (iii) have not passed any PEP or sanction list checks, you will be in default and (a) any payment (including a refund) may be withheld or (b) you will forfeit the right to receive payment (including a refund)
    If you paid for a Product with your credit card and, even though the Seller was not in default, you filed a successful chargeback, we are allowed to (i) block your Account, (ii) set-off any claims we have towards you, (iii) block any future payments to you, and (iv) initiate legal proceedings against you

If our agreement is terminated or access to your Account is suspended while you still have certain obligations towards a Seller under a Contract of Sale, we may cancel the transactions in our system and dissolve the Contract(s) of Sale on behalf of the relevant Seller(s).

We are also allowed to impose a financial penalty of € 1,000 (one thousand euros) for every violation of these Terms of Use, without prejudice to our right to recover the actual damages. We try to give a warning first before imposing this fine. However, in the event of a severe infringement, we will impose the fine without notice. The penalty will increase by 10% for each subsequent violation of our Terms of Use. If possible, we will set-off this penalty in accordance with our Terms of Use. 

Article 6: Right of withdrawal

Consumers have a statutory guarantee of conformity of the Product. Furthermore, depending on your place of residence, you might have the right to cancel and return your purchase for no reason.

        The EU right of withdrawal may be applicable to your Contract of Sale. Consumers who reside in a country within the European Economic Area and who purchase a Product from a Professional Seller will be entitled to withdraw from the purchase without stating the reasons within 14 days after receipt of the Product (the ‘cooling off period’).
        If you withdraw from your purchase, you need to return the Product to the Seller. Under the right of withdrawal, you’ll need to return the Product within 14 days of your withdrawal notification. The Product must be returned to the Seller with all the related accessories that were delivered and, if possible, in the original condition and packaging. You are only liable for any diminished value of the Product resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Product. The entire Purchase Price, including transport costs, and the Buyer Commission will be refunded to you. However, you will bear the direct costs for sending back the Product.
        The right of withdrawal may not be applicable to your purchase. Please note: certain products and services are excluded from the withdrawal right, such as, but not limited to, gold, diamonds, bullions, and other products with fluctuating prices, that decay quickly, or have a limited shelf life.
        More information about the right of withdrawal can be found in our Right of Withdrawal Policy.

Article 7: Internal communication
You can use our internal messaging system to communicate directly with a Seller. This system is a great way to arrange the delivery of a Product. Please note, we do not allow this system to be used for the following activities:

    Sending unsolicited advertising or promotions, requests for donations, or spam
    Insulting, harassing, or discriminating against other Users
    Making a sales agreement with a User without the mediation of BDG, with the aim of avoiding commission

Want to give a Seller feedback about a Product you purchased? Our Feedback Policy applies to any feedback you want to give.

Article 8: Disputes with other Users
We expect Users to resolve any dispute between themselves. However, if necessary, we will make reasonable efforts to mediate between the Seller and the Buyer. Any complaints and disputes between you and a Seller must therefore be reported to us as quickly as possible.

Reach out to the Seller: to contact the Seller, go to My won Products and find the order for that sale. You can then click on ‘Contact seller’ to send a message to the Seller.

Reach out to BDG: contact our Customer Support department by sending us an email via our contact form. 

If no satisfactory solution can be found, even with our support, you agree that we will have the final say in accordance with Article 14 of the Terms of Use. However, despite our decision, you are free to obtain your rights under or discuss your claim related to the Contract of Sale with the Seller directly.  

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