Commercial Terms
Between Contemporary Box LDA (operating under the brand name reSWAPP, with its website https://reswapp.me/), a company registered in Portugal with VAT number 517746433, located at Rua Mário Moreira, nº 3, Loja D, 2675-660 Odivelas, Portugal (hereinafter referred to as "Provider"), and the Partner, being either a company or an individual who agrees to these terms through an act of online acceptance, for the purpose of purchasing used clothing items packaged in bags ("Goods") and obtaining related paid services from the Provider.
1. Introduction
These Commercial Terms explicitly govern the sale of Goods by the Provider to the Partner and the provision of additional paid services by the Provider. These transactions are in addition to and complement the General Terms and Conditions as outlined on the Provider's website, particularly regarding personal data protection and website use.
2. Subject matter of the contract
The core of this contract is twofold: Firstly, the Partner agrees to purchase bags containing used clothing items ("Goods") from the Provider. Secondly, the Partner commits to acquiring specific paid services offered by the Provider, aimed at facilitating the logistical handling, management, and value enhancement of the Goods. These services are designed to assist the Partner in efficiently managing and maximizing the potential of the acquired Goods.
3. Inspection, pricing, and acceptance
3.1 Prior to delivery, the Partner must confirm their acceptance to receive the selected Goods, including the delivery address and delivery terms. Delivery of the Goods will occur within one week of this confirmation.
3.2 The Partner has three (3) days from receipt of the Goods to inspect their content and determine their value, with the Provider advising on a suggested price range. The final purchasing price is established by the Partner.
3.3 Should there be a failure to accept delivery due to incorrect address information, absence, or refusal, the Partner shall bear all associated costs, including the potential loss of the Goods.
4. Payment and Commission
4.1 After the inspection and upon confirmation of the purchasing price from the Provider, the Partner shall remit the agreed price for the Goods and the Provider's service fee. This service fee is determined individually for each bag by the Provider but will not exceed 50% of the offered purchasing price for the Goods.
5. Provider's Services
The Provider's services include but are not limited to arranging the shipment of Goods, providing software solutions, offering training, and customer support to enhance the Partner's experience and efficiency in managing the acquired Goods. The specific services and the commission for these services will vary based on the composition and requirements of each transaction.
6. Handling of Returns and Defective Items
6.1 If the initial price offered by the Partner for a bag of Goods is not accepted by the Provider or its representative, the Partner is obligated to return the bag at the expense of the Provider within three (3) days of receiving the refusal notification.
6.2 Defective items identified during the inspection are not subject to payment by the Partner. The Partner is, however, responsible for disposing of these items in an environmentally responsible manner, as directed by the Provider.
7. Agreement to the Terms
By selecting the acceptance option on the reSWAPP platform, the Partner agrees to purchase both the Goods and the associated paid services under these Commercial Terms, acknowledging and agreeing to adhere to the General Terms and Conditions related to the use of the website.
8. Governing Law and Dispute Resolution
These Commercial Terms shall be governed and construed in accordance with Portuguese law. Disputes arising under these terms will be resolved through arbitration per the Portuguese Arbitration Association's rules.
9. Amendment and Termination
9.1 The Provider reserves the right to amend these Commercial Terms without prior notice. Such amendments become effective upon their posting on the reSWAPP website or direct communication to the Partner.
9.2 The Provider may terminate this contract with a one-day notice to the Partner, communicated via email or other electronic means (e.g., SMS, WhatsApp, or using internal software), without the necessity to provide any explanation or reasons for such termination.
9.3 The Partner may terminate this contract with a seven-day notice, provided that such notice is given under the condition that the Partner has no outstanding payments due for any bags of Goods already supplied to them or for any services previously provided by the Provider. Termination by the Partner without fulfilling these conditions will be considered invalid.
9.4 Upon termination, all ongoing transactions and obligations shall be concluded in accordance with the terms agreed upon prior to the notice of termination, unless otherwise mutually agreed by both parties.
By accepting these Commercial Terms, the Partner acknowledges their understanding and agreement to comply with these terms, as well as with the General Terms and Conditions governing the use of the reSWAPP website.