General Terms and Conditions

1. Definitions

The terms used below in these General Terms and Conditions have the following meanings:

Buyer – a User who purchases or has purchased Products on the Website.

Commission Fee – fee that “Karuselle” receives for the provided services.

Non-Professional Seller – a Seller who is not registered on the Website as a Professional Seller, e.g., a person who offers to purchase Products through “Karuselle“ on the Website for non-professional purposes (not related to the Seller’s business).

Order – an order placed by the Buyer in order to purchase the Product on the Website.

Product – a product that is offered for purchase on the Website.

Product Information – information describing the Product, which the Seller has posted on the Website.

Profile Information – information in a User’s Profile that contains personal data.

Discount Code – a discount code that entitles Users to a price reduction, overpayment refund, discount or price cut.

Price – the amount paid by the Buyer for the Product to “Karuselle“, which acts as the Seller’s representative or, in some cases, as the direct seller of the Product. It includes all fees and Commission Fee, but does not include Delivery Costs and customs duties.

Professional Seller – a Seller who sells Products on the Website as an entrepreneur. “Karuselle“ is considered a Professional Seller when offering to purchase its own Products.

Seller – a User who sells the Products on the Website. The Seller may be a Non-Professional Seller or a Professional Seller.

Delivery Costs – a fixed amount of costs incurred by “Karuselle“ in delivering the Products to the Buyer, which is not included in the Price.

User – a person who has reached the age established in the legal acts and is legally capable to conclude and execute contracts, concluded on the Website.

Karuselle – UAB “Karuselle”, a private limited company, established in accordance with the laws of the Republic of Lithuania, with the registered office address: Sakalų str. 6-40, LT-08124 Vilnius, Lithuania, registered in the Register of Legal Entities, legal entity code: 304497677.

Seller’s Net Price – the final amount paid to the Seller for the Product (after deducting all taxes and any other costs such as Commission Fee).

Terms and Conditions – these General Terms and Conditions with Annexes, and all future additions and amendments governing the use of the Website and the sale of the Products.

Website – a website owned by “Karuselle” that can be accessed from any device at the following address: http://www.karuselle.com.

2. Purpose

“Karuselle“ provides services to Users by enabling them to sell and buy second-hand goods, used Products, which are considered to be high-quality, fashionable and luxury goods and accessories. “Karuselle“ may also offer the Products it sells.

The Terms and Conditions apply to all Users of the Website and set out the procedure by which “Karuselle” grants access to the Website and allows the sale and purchase of the Products.

All Users agree to enter into purchase and sale agreements in good faith and in accordance with applicable laws and these Terms and Conditions.

All Users must read these Terms and Conditions carefully. The Users must also read the Privacy Policy, Cookie Policy and other rules of the Website.

The registration of any User on the Website automatically means that he/she has read and agrees to the Terms and Conditions, Privacy Policy and Cookie Policy.

The Terms and Conditions also automatically apply to persons purchasing Products without registration.

“Karuselle“ may update the Terms and Conditions. In the event of changes, “Karuselle“ will notify Users by publishing the revised version to the Website and indicating the date on which the last changes were made.

The Users understand and agree that further logging in and using the Website after any changes to the Terms and Conditions have been published, constitute agreement and acceptance of such changes.

3. Account registration

3.1. Creating an account

To access all the features of the Website, the User must create an account by providing his/her name, e-mail address and password, or by using the “Facebook Connect” feature.

Creating an account on the Website is free of charge. Users must be at least 18 years old and have the right to enter into purchase and sale transactions.

Users are responsible for ensuring that the information they provide to us is correct and complete, and for keeping us informed of any changes to the provided information. Users can log in and update most of the information they have provided to us on the Website, including account settings.

If Users use the “Facebook Connect” feature to register on the Website, they will be asked to provide “Karuselle“ with an access to certain information from the User’s Facebook account, including his/her first and last names, “Facebook” username, e-mail address, gender, date of birth, account picture, a list of friends, and any other information that is publicly available on his/her Facebook account. Users can find more information in the “Karuselle” Privacy Policy, which is available at: www.karuselle.com/lt/privatumo-politika.

3.2. Creating a profile (account)

The User can provide information about himself/herself in the profile (account):

• name, surname;
• e-mail address;
• mobile phone number;
• billing address.

When submitting the list / offering the Products for sale, Users must provide the following bank details: name and surname of the person who owns the bank account that will be used to receive payments, bank code and account number or “PayPal” information.

3.3. Deleting an account

To remove an account from the Website, the User must contact “Karuselle“ at the following e-mail address: info@karuselle.com. “Karuselle“ will remove an account from the Website within a reasonable period of time. The User is given a period of 6 (six) months during which he/she can restore his/her account by contacting “Karuselle“ at: info@karuselle.com. After a period of 6 (six) months, if the User has not contacted the company, “Karuselle“ removes all User information from its database.

4. User’s obligations

While using the Website, Users are prohibited to:

• post, record or send content or items in inappropriate categories or areas of the Website;
• post false, inaccurate, misleading, deceptive, offensive or defamatory content;
• distribute or upload spam, unsolicited or very large electronic messages, chain letters or pyramid schemes;
• use photos to which the User does not have the relevant intellectual property rights (for example, photos found on the Internet), or which contain links to other websites or their identification information;
• violate any applicable laws, regulations or the rights of others;
• engage in any activity on the Website that is contrary to public policy, public security or morality;
• engage in commercial activities not covered by the Terms and Conditions or otherwise make a profit using the Website;
• collect information about other Users without their consent and knowledge;
• circumvent any technical measures we use to provide the Services;
• take any action that may compromise feedback or rating systems;
• transfer your account to others without our consent;
• use viruses or any other technology that may harm the Website or the interests or property of other Users;
• interfere with the operation of the Website or the infrastructure by imposing an unreasonable or disproportionately large load;
• make direct contact with each other in order to make a purchase or sale of a Product that has been ordered or offered for sale on the Website.

Users may upload text describing their Products and/or comments about their Product Information or similar information from other Users. Users may not post any comments about the Website and/or Users that may offend or damage the reputation of “Karuselle“ and/or other Users.

Users may withdraw their consent to the publication of any material, or information provided by them regarding the above conditions, by clicking on the following link: https://www.karuselle.com/en/contacts.

“Karuselle“ reserves the right to review all Users’ entries on the Website, including Users’ comments and submissions. “Karuselle“ reserves the right to remove any User-uploaded material on the Website at any time in the event that such material or information violates these Terms and Conditions or applicable laws.

5. Personal data and privacy

“Karuselle“ Users’ personal data is collected and processed in accordance with the procedure and conditions set forth in the Privacy Policy and Cookie Policy.

6. Intellectual property rights

All text, comments, illustrations and images provided in visual or other form, reproduced on the Website, are protected by copyright, trademark law and/or patent law worldwide. All reproductions of the Website in whole or in part are strictly prohibited and must be considered a violation of the rights of “Karuselle“ and its licensors and other right holders.

To report alleged copyright infringement or counter-notification, please use the following link: info@karuselle.com.

7. Liability and damages

Users agree that, unless otherwise stated, “Karuselle“ only acts as a representative of the Seller. In this respect, except in specific circumstances, “Karuselle“ does not act as a reseller of the Products and does not at any time become the owner, user or right holder of the Products.

“Karuselle“, acting as a representative, is not a party to any sale and purchase agreement entered into between the Users on the Website. All sale and purchase agreements for any Products on the Website are concluded only between the Seller and the Buyer.

In any case, “Karuselle“ is not committed to and is not responsible:

• for any losses related to any business activity of the Users, including (without limitation) loss of data, lost opportunity to sell or buy, lost profits, opportunities, income, reputation or termination of business activities and indirect losses incurred by the User;
• in the event that “Karuselle“ is prevented or delayed from fulfilling its obligations under these Terms and Conditions due to anything the User (or anyone else acting on his/her behalf) has done or failed to do, or due to events beyond “Karuselle“ reasonable control.

Limitation of liability

In cases, when “Karuselle“ acts as an intermediary between Users:

• “Karuselle“ is not responsible for any claims or losses arising out of or related to the agreements made by the Users through Website, unless “Karuselle” is at fault;
• “Karuselle“ assumes no responsibility for any claims, losses or damages that have arisen in connection with the quality, quantity and/or compliance of the Product with the description provided in the Product Information;
• “Karuselle“ is not liable for any claims, losses or damages arising out of or related to the infringement of intellectual property rights in cases where Users upload photos for the promotion or sale of the Product;
• “Karuselle“ shall not be liable for any claims, losses or damages arising out of or related to the trademark law, intellectual property or other applicable law infringements committed by the Users through the Website;
• “Karuselle“ assumes no responsibility for the accuracy, completeness and/or compliance with applicable laws of the information provided by Users in the Product Information and/or Profile Information;
• “Karuselle“ cannot guarantee that the Seller’s Product will meet the Buyer’s requirements. Therefore, “Karuselle“ does not guarantee that the Buyer will be satisfied with the aesthetic, practical or functional features of the Product;
• except in the case of complaints about late delivery or non-delivery of the Products, Users will be liable for any complaints or claims relating to the Products they have posted on the Website. Any such complaints or claims received by “Karuselle“ will at first be forwarded to the responsible User.

In addition, to the extent permitted by applicable law, “Karuselle“ shall not be liable for any damages or losses, including those incurred directly or indirectly as a result of:

• content provided by Users (directly or indirectly) through the Website;
• Users’ use of the Website or inability to use it;
• recommendations provided by “Karuselle“ regarding pricing, delivery of Products, form;
• delays or disruptions to the Website;
• malfunctions, serious errors in the program, errors or inaccuracies of any kind on the Website;
• suspension or other action taken in respect of the User’s account or breach;
• duration or the way in which the Products are represented in the search results.

Some countries do not allow disclaimers of warranties or exclusions of liability for damages, so such disclaimers and exclusions may be void.

In the event of any case for which “Karuselle“ may be held liable, our liability to the User or any third party shall be limited to that which is greater: (i) the price of the Product sold / offered through the Website (including any applicable sales taxes) and its initial Delivery Costs; or (ii) the disputed amount of fees not exceeding the total amount of fees paid by the User to us during the 3 (three) months prior to the act giving rise to liability; or (iii) EUR 100, whichever is greater.

Any information posted or uploaded by the User on the Website shall not be construed as a recommendation, statement, opinion, endorsement or agreement by “Karuselle“ in any form. Each User always acts in his/her own name and in no way acts as a representative or intermediary of “Karuselle“. “Karuselle“ does not agree and is not responsible for any actions taken by any User on the Website.

Compensation of damages

Users release and protect us (including our affiliates and subsidiaries, as well as our and their respective associates, directors, employees, representatives) from any claim, request, including reasonable fees for legal services, provided by any third party due to or in connection with your violation of these Terms and Conditions, your improper use of the Website or your violation of any law or the rights of a third party. In particular, the User warrants that all claims for damages and other costs (including reasonable fees for legal services) related to the infringement of intellectual property rights, submitted to “Karuselle” as a result of the User’s activities, shall be compensated by the User.

8. Website operation

“Karuselle“ makes no warranties regarding the availability of or access to the Website, or any guarantee that your connection to the Website will be uninterrupted, timely or without error. “Karuselle“ reserves the right to update and make changes to the Website, to release new or different versions, in particular for technical or commercial reasons.

9. Access blocking; termination of Services

“Karuselle“ reserves the right to block the User’s account immediately and without prior notice and to terminate the provision of services in the event of a serious breach of these Terms and Conditions by the User, in particular in the following cases: sale of counterfeit or revoked products, sale of illegal products, creation of fake accounts, fraud related to payments, any other criminal offense.

10. Complaints and claims

All complaints about another User must be sent to “Karuselle“ at this address: UAB “Karuselle”, Sakalų str. 6-40, LT-08124 Vilnius, Lithuania, or by e-mail: info@karuselle.com.

In case the User or rights holder determines that the Product is counterfeit or illegal, he/she must inform “Karuselle“ by sending a notification via the FAQ contact form available on the Website www.karuselle.com or by e-mail: info@karuselle.com.

Any User who would like to submit a claim to “Karuselle“ for the services it has provided, or the Products it has or offers directly on the Website, may contact „Karuselle“ at the address above or make an inquiry via the FAQ contact information form available at: https://www.karuselle.com/en/contacts.

11. General provisions

The laws of the Republic of Lithuania shall apply to these Terms and Conditions.

Except as otherwise provided in these Terms and Conditions, in the event that any provision of the Terms and Conditions is held to be invalid, void, or unenforceable for any reason, such provision shall not affect the validity and enforceability of the remaining provisions.

Users acknowledge and agree that “Karuselle“ assumes no responsibility for any disputes between Buyers and Sellers, and does not involve or otherwise participate in their resolution. The above disputes must be settled in accordance with applicable law.

In the event of a dispute between the User and “Karuselle“, the dispute must be settled through negotiations. In the event that the dispute cannot be resolved through negotiations, the dispute shall be settled in the Lithuanian courts in accordance with the applicable laws.

Headings are provided for informational purposes only and do not limit the scope or extent of this section. Our failure to take action for an infringement committed by you or others does not mean that we waive the right to take appropriate action in the event of subsequent or similar infringements. We do not warrant that we will take action against any breach of these Terms and Conditions.

These Terms and Conditions and all policies on the “Karuselle“ Website constitute the entire agreement between you and “Karuselle“, and supersede all prior agreements and understandings between the parties.

The Annexes form an integral part of these Terms and Conditions. The provisions of these Terms and Conditions and their Annexes are inseparable.

These Terms and Conditions apply from the date they are published on the Website.

Annexes:

1. Terms and Conditions – Purchase of Products on the Website www.karuselle.com.

2. Terms and Conditions – Sale of Products on the Website www.karuselle.com.

3. Privacy Policy.

4. Cookie Policy.

Terms and Conditions – Purchase of Products on the Website www.karuselle.com

1. PURPOSE OF THE DOCUMENT

The purpose of these Terms and Conditions is to define the procedure and conditions under which “Karuselle“ allows Buyers to purchase the Products on the Website.

This document must be applied without prejudice to the General Terms and Conditions (hereinafter referred to as the “Terms”).

All capitalized terms have the meanings defined in the Terms, unless stated otherwise.

The Terms, to the extent not modified by this document, remain in full force and effect.

2. PURCHASE OF PRODUCTS

2.1. Placing an Order

The Buyer, having selected the desired Product, can add it to his/her shopping cart.

Information about the Products is provided by the Sellers. If the Product Information is not in English, “Karuselle“ may provide a translation. “Karuselle“ assumes no responsibility for the Product Information and its translation which has been prepared for information purposes only.

The Prices of the Products are indicated on the Website, including all taxes, except for Delivery Costs and customs duties. Please note that specific Delivery Costs and customs duties applicable in some countries may be additionally included in the invoice issued to the Buyer and will be indicated at the time of payment of the Order.

Please note that import duties and taxes may apply to the Order when the shipment arrives at its destination. “Karuselle“ does not control these fees and we cannot predict their amount. Buyers assume full responsibility for the payment of any such import duties and taxes. Contact your local customs office for more information before placing your Order.

The Product Information page indicates whether it is being sold by a Non-Professional Seller or a Professional Seller.

Within 24 hours after the Order is placed, the Buyer and the Seller receive an Order confirmation – an e-mail with details of the purchase.

In case “Karuselle“ has not received the ordered Product or the results of the conformity check of the delivered Product were negative, “Karuselle“, acting as the Seller’s representative, has the right to cancel the Order and refund the Buyer if payment for the Product has already been received.

“Karuselle“ reserves the right to refuse the Buyer’s Order in cases where:

• there is a dispute over payment for any previous Order placed by the same Buyer; or
• a material error has been made in relation to the sales Price of the Product. In such cases, the Buyer will receive an e-mail notification of the actions taken by “Karuselle“ and the value of the Order will be automatically refunded if the Buyer has already paid the Price.

2.2. Dispatch

In order to complete the Order, the Buyer must provide “Karuselle“ with certain mandatory information:

• the surname, first name and, if different, the surname and first name of the person to whom the Products are to be delivered;
• the exact and full delivery address to ensure a smooth delivery of the Products;
• the address to which the invoice is to be sent, if different from the delivery address;
• contact phone number.

In both cases, acting as a Professional Seller or other Seller’s representative, “Karuselle“ may, in its sole discretion, select and approve any carrier for the delivery of shipments.

Delivery Costs vary depending on the value of the ordered Products and are listed below according to the different countries to which the Products may be delivered. Non-standard Products – large in size, of unusual shape or very heavy – are subject to different Delivery Costs and the Buyer shall be informed when placing his/her Order.

“Karuselle“ reserves the right to change any prices in proportion to its Delivery Costs, but the User must always be informed of the delivery price before completing the Order.

2.3. Payments

All payments to “Karuselle“ are made:

• by credit or debit card; or
• via “PayPal”; or
• via “Paysera” system.

When “Karuselle“ receives payment for the Products, the Seller shall be deemed to have received payment. The Buyer’s obligation to make a payment to the Seller for the Products shall be deemed fulfilled when “Karuselle“ receives the required payment amount. The Seller is and remains solely responsible for the fulfillment of its obligations to the Buyer when “Karuselle“ receives the payment, regardless of whether the money has already been transferred or has yet to be transferred to the Seller’s account.

There is a possibility to save the Buyer’s credit or debit card details on the Website. If the Buyer would like to do it, he/she shall check the box: “I allow UAB “Click2Sell” save my card details so I do not have to enter them the next time I place an Order with this merchant”. We explain that “Karuselle“ does not save the provided card details – they are saved by UAB “Click2Sell” (its legal entity code: 300110581, registered address: Ateities str. 77-27, LT-06324 Vilnius, Lithuania (correspondence address: Saulėtekio Ave. 15-15, Vilnius, Lithuania, e-mail address: info@cardinity.lt)). Buyers can delete their saved card details at any time, or they can choose the security option to have their bank details automatically removed when the account password is reset.

If the payment information provided by the Buyer is intentionally incorrect and/or fraudulent, the Buyer will not be allowed to complete the Order. In this case, the Buyer and the Seller will receive an e-mail informing them of the measures taken by “Karuselle“.

2.4. Delivery

When “Karuselle“ sells its Products directly on the Website, after the Order has been completed, the Buyer will receive an e-mail confirmation with a shipment tracking number to track the delivery of the Products. “Karuselle“ will make an effort to deliver the Products as soon as possible, but cannot guarantee a specific delivery time, which depends on the capacity and load of the chosen courier company. The delivery time may be longer if it cannot be objectively delivered on time due to the circumstances.

When “Karuselle“ acts as the Seller’s representative, the date on which the Product is shipped to the Buyer depends on when “Karuselle“ receives the Product from the Seller. Therefore, “Karuselle“ cannot determine the exact delivery date. In any case, “Karuselle“ will make an effort to deliver the Products as soon as possible.

The Buyer assumes all risk related to the damage or loss of the Product from the moment of delivery of the Product to the Buyer. Therefore, the Buyer is responsible for any damage to the Product that occurred through the fault of the Buyer after delivery.

2.5. Cancelations and refunds

“Karuselle“ does not accept any returned Products that have been purchased on the Website and will not refund the Buyer unless otherwise expressly provided in this section.

“Karuselle“, acting as the Seller’s representative, is not a party to any contract. Therefore, “Karuselle“ shall not be liable for the failure of any Professional or Non-Professional Seller to meet Seller’s obligations under these Terms and in particular when Seller fails to provide a cooling-off period as described below, and refund or otherwise compensate the Buyer for any returned Product which do not match the description provided in the Product Information and/or is defective.

Users agree and acknowledge that “Karuselle“, acting as a representative, is not responsible for the quality and quantity of the Products sold or purchased on the Website.

None of the provisions set forth below in this section shall infringe the rights of Users under applicable law.

For more information on legal rights in their country, Users should contact their local consumer protection authority.

2.5.1. Absence of Product. Cancellation of Order

In case the Product cannot be received after confirmation of the Order for any reason, “Karuselle“ will immediately contact the Buyer to offer him/her to cancel the Order and, if payment has been received, refund the Buyer, which must be performed within 30 (thirty) calendar days after the Order confirmation.

2.5.2. Non-receipt of Products

If the Buyer does not receive the Products within 30 (thirty) calendar days after the date of Order confirmation, the Buyer must contact “Karuselle“ at the following e-mail address: info@karuselle.com. If the Buyer does not receive the Products after an additional reasonable period, the Buyer will have the right to cancel the Order.

“Karuselle“ returns the money to the Buyer no later than 14 (fourteen) calendar days after the Buyer cancels the Order.

Please note that if you receive your Products after you have cancelled your Order, “Karuselle“ will compensate the price of the returned Product, the Delivery Costs (if the entire Order has been returned) and the postage for returning the Order no later than within 14 (fourteen) calendar days after “Karuselle“ has received all returned Products that are in their original condition and undamaged. Any such refunds must be made in accordance with the provisions of the section “Refunds” below.

2.5.3. Defects or incorrect description

“Karuselle“ provides a free Product conformity check service in cases where the Products are sold by Sellers who use the services of “Karuselle“ that acts as a representative. Conformity checks are conducted by “Karuselle” in a good faith as a good business practice, and this service is provided to both Sellers and Buyers, as it helps the Sellers avoid future complaints about incorrect description of the Products and helps the Buyers obtain Products that meet their expectations. It should be noted that the performance of conformity check by “Karuselle“ does not guarantee that the Products do not have any hidden quality defects, there is no possibility of counterfeiting, or other defects in the Products. Therefore, the Buyer must inspect the Products within a reasonable time after their receipt.

If, during the conformity check, “Karuselle” finds that the Product does not correspond to the Product Information provided by the Seller (e.g., the condition of the Product is worse than indicated in the description):

• in the event that the Products partially match their descriptions, “Karuselle”, at the Buyer’s choice, must: (i) act as an intermediary between the Seller and the Buyer and negotiate a Price reduction with the Seller, or (ii) cancel the Order and return money to the Buyer. If the Buyer and the Seller agree on a Price reduction, the Buyer shall be refunded part of the money or given a Discount Code for the Price difference, depending on the Buyer’s choice;
• in case the Products substantially do not correspond to the provided Product Information, which is falsified, or, in case of Products listed by the Professional Sellers, the sale of the Product by Professional Seller would violate its legal obligations, “Karuselle“ cancels the Order and returns the money to the Buyer.

When the Products are sold by “Karuselle“ as a Seller

If the Buyer is sure that the purchased Product does not correspond to its description in the Product Information and/or is defective, the Buyer must contact “Karuselle“ within a reasonable time from the date of receipt of the Product at the following e-mail address: info@karuselle.com.

In order to submit a claim to “Karuselle“ for non-conformity of the Product, the Buyer must explain why the Product does not comply with the information of that Product and/or these Terms, together with photos in support of its claim. “Karuselle“ will inspect the Product and determine whether it complies with the Product Information and these Terms. If, during the inspection, “Karuselle“ determines that the Product does not correspond to the Product Information provided by “Karuselle“ and/or is defective, the same conditions apply as in the case of the conformity check (the Buyer will be refunded in full or in part).

The Buyer must return all Products with the label that “Karuselle“ originally affixed to the Product at the time of shipment. In the event that the Products are returned without a label, “Karuselle“ reserves the right to refuse a refund.

The money is not returned to the Buyer in cases when:

• defects in the Product occurred after the Product was delivered to the Buyer;
• the Buyer knew or could not have known of the defect in the Product at the time of purchase.

The Buyer has no right to cancel the Order and will not be refunded the full amount in cases where the defects of the Product are insignificant.

When the Products are sold by other Sellers

In case the Buyer believes that the purchased Product does not correspond to its description in the Product Information and/or is defective, the Buyer must inform “Karuselle“ within a reasonable time from the date of receipt of the Product. The Buyer must send an e-mail to “Karuselle“ at info@karuselle.com explaining why the Product does not match its Product Information or, if it is defective, along with photographs supporting his/her claim. “Karuselle“ will contact the Seller regarding the claim and provide the Seller with the photos sent by the Buyer.

“Karuselle“ will encourage the Professional or Non-Professional Seller and Buyer to find a peaceful solution to the problem. However, “Karuselle“ cannot guarantee that such a solution can be found.

If the Seller agrees to accept the returned Product and refund the money, the Buyer must send the Product to “Karuselle“ as described in section 2.5 “Returns”. “Karuselle“ will only transfer the refund to the Buyer after the amount has been received from the Buyer.

“Karuselle“ assumes no responsibility for the failure of any Professional or Non-Professional Seller to meet Seller’s obligations under these Terms, if applicable, and in particular when Seller fails to refund or otherwise compensate the Buyer for any returned Products that do not meet the description in the Product Information and/or are with defects.

2.5.4. Right of withdrawal

Purchases from Professional Sellers, including “Karuselle“

Buyers have the right to cancel the Order without giving any reason at any time, within 14 (fourteen) calendar days after the day they received the ordered Products from the Professional Seller (this period is called the “cooling-off period”).

In order to exercise its right to cancel the Order, the Buyer must clearly and unambiguously inform ”Karuselle“ of its intention to exercise its right of withdrawal by contacting “Karuselle“ at info@karuselle.com within the above period.

If the Buyer exercises the right to cancel the Order during the cooling-off period, the Professional Seller must return to the Buyer the full amount paid by the Buyer, i.e. Price and standard Delivery Costs (excluding costs related to the return of the Products from the Buyer, as set out below, if applicable) within 14 (fourteen) calendar days from the date “Karuselle“ received the returned Products.

The Product will not be accepted, and no refund will be given to the Buyer, if the value of the returned Product has decreased (e.g., the Product has been used or damaged after it has been delivered to the Buyer).

The label that “Karuselle“ originally affixed to the Product must be intact. Please note that the Buyer is responsible for paying the cost of returning the Product to “Karuselle“. If “Karuselle“ does not receive the Products that have been cancelled, it has the right, but not the obligation, to arrange the collection of the Products from the Buyer (at the expense of the Buyer).

Purchases from Non-Professional Sellers

In all other cases or when the Products are purchased from a Non-Professional Seller, the Buyer will not be entitled to the cooling-off period (and right of withdrawal) as described above.

However, “Karuselle“ gives Buyers the opportunity to resubmit such unwanted Product for sale on the Website within 7 (seven) calendar days from the receipt of the Product, without any Commission Fee – “Karuselle“ will not apply or charge a Commission Fee if such Products, repeatedly included in the list of Products for sale, are sold.

However, in such cases, “Karuselle“ will deduct the relevant fees to cover Delivery Costs, packaging and/or Product administration costs.

2.5.5. Returns

All Products must be returned to this address: UAB “Karuselle“, M. K. Paco str. 4, LT-10309 Vilnius, Lithuania.

We recommend Buyers to return all Products to “Karuselle“ by registered mail. Buyers must also receive documents confirming the dispatch of any shipments to “Karuselle“. “Karuselle“ informs Users with regret that the company is not responsible for any Products that have been damaged or lost during delivery.

The Buyer is responsible for ensuring that the Products are properly stored and held until returned to “Karuselle“. “Karuselle“ will be entitled to deduct the amount corresponding to any reduction in the value of the Product as a result of the User’s use of it, in all cases where:

• the Products are returned damaged (when such damage occurred after delivery to the Buyer) or incomplete (without accessories or other parts that belong to the Products);
• the Products are obviously worn out or used otherwise than for the intended purpose of the Products;
• any change or repair to the Product has been made without the prior consent of the Seller (acting through “Karuselle“) or “Karuselle“ (acting as a Professional Seller).

If the cost of repairing or cleaning the returned Product is disproportionate to the Price of the Product, the Buyer who is at fault for such damage will not be refunded and “Karuselle“ will store the Product as the Buyer’s property, at his/her risk and expense, for 6 (six) months after “Karuselle“ receives the Product.

In case the Buyer would like to get back a non-refundable Product, he/she must pay a reasonable amount, determined by “Karuselle“, to cover reasonable costs of storing, handling and shipping the Product. Upon receipt of such payment and all deductions, “Karuselle“ will send the non-refundable Product back to the Buyer.

If the Buyer does not submit a request for the non-returnable Product, held by
“Karuselle“, within a period of 6 (six) months, “Karuselle“ acquires the rights to such unclaimed Product. These Products may, if necessary, be destroyed or given to charity.

Terms and Conditions – Sale of the Products on the Website www.karuselle.com

1. PURPOSE OF THE DOCUMENT

The purpose of these Terms and Conditions is to define the conditions under which “Karuselle“ allows its members to sell the Products on the Website.

This document must be applied without prejudice to the other provisions of “Karuselle“.

All capitalized terms have the meanings set forth in the General Terms and Conditions, unless stated otherwise.

The General Terms and Conditions, to the extent not modified by this document, shall remain in full force and effect.

2. SALE OF THE PRODUCTS

Seller agrees that “Karuselle“, acting as the Seller’s representative has the right:

• publish Product Information on the Website and, where appropriate, make changes to the Seller’s Product photos;
• perform Product conformity check;
• accept the Buyer’s Order on behalf of the Seller;
• in specified cases, cancel the Order as provided in the Terms and Conditions;
• to receive the amounts paid for the Products and other services on behalf of the Seller;
• in cases described below, negotiate the Price of the Product with the Buyer;
• in specified cases, receive and accept refunds as provided in this document;
• receive and subsequently transfer the above amounts to Seller, after deduction of the Commission Fee and any other charges applicable to unpaid amounts, as described below in these Terms and Conditions.

2.1. Product Information

After the Product Information is published online, the Seller shall regularly log in to his/her account and monitor ongoing transactions.

Information about the Products is provided by the Sellers. If the Product Information is not in English, “Karuselle“ may provide a translation. “Karuselle“ assumes no responsibility for the Product Information and its translation, which has been prepared for information purposes only.

2.1.1. Description of the Products

The description allows the Seller to provide the Buyers with as much information as possible about the Product. The information should be presented in complete sentences, without spelling and grammar errors. In the Product Information, the Seller must describe in detail the characteristics of the Product and indicate its Price. The minimum price for each Product is EUR 16. All information provided in the section “Product Information” must correspond to the actual characteristics of the Product.

The Buyer must be able to order the Product included in the list of Products for sale as long as the Product Information is published on the Website. If the Product has not been ordered, the Seller may temporarily or permanently remove it from the Website by deleting the Product Information at any time.

2.1.2. Creating Product Information

Product Information is created using “Karuselle“ databases, where the Seller can specify its Product type, brand and other characteristics. In the event that there is insufficient information in the databases, the Seller must carefully and consistently take all necessary steps to accurately describe the Product, including the name, characteristics and condition of the Product. Sellers agree to specify the trademark and model of the Products they include in the list of Products for sale to assist “Karuselle“ in identifying potential counterfeit Products.

The Seller agrees to provide an accurate, fair and complete description of the Product, and also agrees to provide additional information in the event of any signs of wear or tear of the Product, or any other feature of the Product that the Buyer would like to know before purchasing the Product. The Seller is prohibited from using on the Website edited photos of the Product, except for cropping. The photos provided by the Seller may not infringe any intellectual property rights of third parties.

“Karuselle“ cannot create Product Information without Product photos. The Seller agrees to provide only true, accurate and not edited photos of the Product and guarantees that it has the right to use these photos for such purpose. “Karuselle“ reserves the right to remove any photos that, in its opinion, are of insufficient quality or do not provide a proper representation of the Product. The Seller grants “Karuselle“ the right to make changes to the photos of the Products for display purposes, such as resizing, cropping the photos, and highlighting the Products, such as removing the background image so that the Product is displayed on a white background, etc.

After the Seller approves the summary of the provided Product Information and undertakes to comply with the terms of sale of the Products, the Seller will receive an e-mail confirmation stating the approximate time it will take to verify the Product Information. After the Product Information is confirmed, the Seller receives a message confirming that the Product is already available for purchase online.

In order to ensure the consistency of the procedure for listing the Products, “Karuselle“ reserves the right to accept or refuse to accept the Product Information provided by the Seller before publishing it on the Website.

2.1.3. Possible changes

The Seller may request to change its Product Information by contacting “Karuselle“ at: info@karuselle.com. The Seller may also provide three additional photos of each listed Product after the Product Information is published on the Website. All changes to the Product Information and any additional images must be approved by “Karuselle“ before being published on the Website.

However, the Seller will not be able to change the Product Information related to the Order that is being executed (i.e. after the Buyer has placed the Order for the Product).

The Seller has a right to reduce the Price of the Product. In such case, the Commission Fee of “Karuselle” is also adjusted according to the scale set out in section 2.2 “Commission Fee” below, and the previous Price in the Website’s section “Product Information” of the will be shown crossed.

In case the Product has not been sold for more than 180 calendar days, “Karuselle“ has the right, at its own discretion, to apply a discount of up to 15% to the Price. The Product may be sold in such a way only after the Seller confirms the new Price. The Commission Fee of “Karuselle” will be adjusted according to the scale set out in section 2.2 “Commission Fee” below.

Throughout the whole procedure of sale, the Seller will be provided with information related to the Price, the Seller’s Net Price and the Commission Fee. Each time the Product is added to the list of Products for sale, or its Price is reduced, the Seller will have to confirm the Seller’s Net Price and the Commission Fee of “Karuselle”.

2.1.4. Seller’s warranties

The Seller confirms that it has the right to sell the Products. The Seller must ensure that the listing of the Product does not in any way infringe any applicable laws, regulations or third-party rights.

The Seller unconditionally warrants that:

• origin, condition and specifications of the Product included in the list of Products for sale, published on the Website, correspond to the description provided in the Product Information;
• Products offered for sale are not counterfeits, unlawful or illegal copies; and
• Products offered for sale are not prohibited, the permit or licence to sell them has not been revoked, and they have not been sold illegally and/or in any other way in violation of the applicable laws.

At the request of “Karuselle”, the Seller must provide it with all the documents that can prove the ownership and/or origin of the Products listed for sale. “Karuselle” reserves the right to remove the Seller’s Profile Information and/or Product Information if the Seller has failed to provide the documents or information requested. The Seller is not entitled to claim compensation for any content that has been removed by “Karuselle” for the reasons set out above.

The Seller assumes full responsibility for the sale of any Product that is sold illegally and/or in violation of any applicable laws, regulations or third-party rights. In case “Karuselle” becomes aware of the listing for sale of any such Product on the Website, it has every right to remove the relevant Product Information and/or block the Seller’s account, and the Seller shall not be entitled to claim compensation for such removal of any content.

2.2 Commission Fee

Services offered by “Karuselle“ are subject to a Commission Fee, which is deducted by “Karuselle“ from the Price of the Product paid by the Buyer. “Karuselle“ calculates the Commission Fee according to the established scale, which is given below. In the event that the Products are resold (i.e. re-listed) as described in section 2.5.4 of the Terms and Conditions, the fixed Commission Fees provided below will not apply.

“Karuselle“ is entitled to the Commission Fee only if the Product has been sold.

The Commission Fee is calculated depending on the price of the Product offered by the Seller, according to the scale below:

20% (including taxes) for prices higher than EUR 1,999;

24% (including taxes) for prices from EUR 500 to 1,999;

30% (including taxes) for prices from EUR 250 to 499;

31% (including taxes) for prices from EUR 46 to 249;

15% (including taxes) for prices from EUR 16 to 45.

“Karuselle“ reserves the right to make changes to the scale of Commission Fee at any time. The scale valid on the day on which the Product was included in the list of Products for sale shall be used. The Seller understands and agrees that its continued use of the Website following publication of any changes to the scale of Commission Fee constitutes acceptance of such changes.

“Karuselle“ may propose to change the Seller’s Net Price to match the Price of that Product to the prices of such other Products listed on the Website and/or market expectations. The Sellers therefore undertake to consider in good faith with “Karuselle“ the Seller’s Net Price and the Price.

The Seller shall not charge the Buyer any additional fees, unless otherwise agreed with “Karuselle“.

2.3. Product compliance and recall

“Karuselle“ provides a free Product conformity check service in cases where the Products are sold by the Sellers who use the services of “Karuselle“ that acts as a representative.

If, during the conformity check, “Karuselle“ determines that the Product does not comply with the Product Information provided by the Seller (e.g., the condition of the Product is worse than indicated in the description), “Karuselle“ shall, depending on the Buyer’s choice: (i) negotiate a Price reduction with the Seller, acting as an intermediary between the Seller and the Buyer; or (ii) cancel the Order and return the money to the Buyer.

In the event that the Order has been cancelled for reasons beyond the Seller’s control and if the Seller wishes the Product to be returned to him/her, “Karuselle“ will issue an invoice to the Seller for a fixed amount of EUR 16, including all taxes. In case the results of conformity check are negative, and/or the Product is a counterfeit, “Karuselle“ will invoice the Seller for reasonable handling costs (costs associated with shipping the Product to “Karuselle“; costs related to edited photographs in which the Product is highlighted; costs related to the dispatch of Products to the Seller, etc.).

In the event that “Karuselle“ is unable to return the Product to the Seller, especially if the Seller fails to accept the shipment delivered and the courier returns the Product to “Karuselle“ and “Karuselle“ cannot contact the Seller by e-mail or phone, “Karuselle“ becomes an owner of the Product after a period of 6 (six) months after “Karuselle“ has received it. Such Product may, if needed, be destroyed or given to charity.

2.4. Procedure of sale and payments

2.4.1. Security measures

If the payment information provided by the Buyer is intentionally incorrect and/or fraudulent, the Buyer will not be allowed to complete the Order. In this case, the Buyer and the Seller will receive an e-mail informing them about the measures taken by “Karuselle“.

2.4.2. Placing an Order and delivery to “Karuselle“

The Seller whose Product has been ordered by the Buyer must receive, within 24 hours after placing the Order, an e-mail Order confirmation, informing the Seller that the Product must be sent to “Karuselle“ for the conformity check.

The Seller must send out the Product within 3 (three) working days after the Order confirmation has been sent from “Karuselle“. The shipment shall not contain any other items (including marketing documents of any kind and in any form) other than the Product and its accessories.

The Seller also shall obtain the documents confirming the dispatch of any shipment to “Karuselle“. “Karuselle“ shall not be liable for any damage to or loss of the Products delivered to “Karuselle“.

The Seller shall remain liable for any damage to or loss of the Products until the moment those Products are transferred to the Buyer’s property, unless the Products have been damaged or corrupted due to the fault of “Karuselle“. If “Karuselle“ does not receive the Products within 12 (twelve) calendar days after the Order confirmation, “Karuselle“ reserves the right to cancel the said Order and must inform the Buyer and the Seller accordingly.

The Seller undertakes to send out to “Karuselle“ the Products that are clean and of good commercial appearance (i.e. the Products shall be washed, ironed and, if necessary, dry-cleaned). Otherwise, “Karuselle“ may require the Seller to pay reasonable cleaning costs and may deduct such costs from any amounts that “Karuselle“ shall pay to Seller.

To avoid complaints, the Seller must take special precautions when packing the Products to be shipped (e.g., use stronger envelopes with polyethylene film with bubbles and stronger packing sealants). If the Seller sends more than one Product to “Karuselle“ at the same time, they must be packed as one package.

In order to receive payment, the Seller must provide “Karuselle“ with its bank details. For money transfers that must be authorized by a bank, the Seller’s name and surname provided in the Profile Information shall correspond to the data provided in the bank account details.

The Products remain the property of the Seller, and the Seller assumes all the risk, until “Karuselle“ receives the full Price (including any taxes, handling and Delivery Costs) from the Buyer and sends the Products to the Buyer. Prior to the delivery of the Products to the Buyer, the Seller assumes all the risk related to the damage or loss of the Products.

2.4.3 Payments

When “Karuselle“ receives a payment for the Products, the payment shall be deemed to have been received by the Seller, and the Buyer’s obligation to pay the Seller for the Products shall be deemed fulfilled. “Karuselle“ may only transfer money received from the Buyer (after deduction of the Commission Fee and other expenses as set out in the Terms and Conditions) to an account opened in the name of the Seller and not to the account of any third party. The Seller is and remains the sole person responsible for the fulfillment of its obligations to the Buyer when „Karuselle“ receives the payment, regardless of whether the money has been transferred or has yet to be transferred to the Seller’s account.

The amounts received by “Karuselle“ for the sold Products must be transferred to the Seller after deduction of:

• Commission Fee;
• Delivery Costs;
• any unpaid amount that may be payable to “Karuselle“, such as dry cleaning costs.

“Karuselle“ must transfer the Seller’s Net Price to the Seller no later than within 45 (forty five) calendar days after the Order is confirmed. The Seller expressly waives its right to claim any amounts (such as interest) that may accrue as a result of temporary inability to use the amounts received by “Karuselle“ from the Buyer.

In the event that the Seller fails to pay the amounts due to “Karuselle“, “Karuselle“ may, on its own initiative and by sending a notice to the Seller:

• offset any unpaid amounts against any amounts that “Karuselle“ would have to pay to the Seller; and/or
• withhold the Products purchased or sold by the Seller until the Seller makes full payment; and/or
• prioritize the amounts “Karuselle“ receives for that Seller’s new Orders, taking into account any outstanding amounts.

2.5. Returns and refunds

“Karuselle“, acting as a representative, is not a party to any contract between the Buyer and the Seller. Therefore, under these Terms and Conditions, all Sellers are liable for non-performance of their obligations, in particular, when the Seller fails to ensure a cooling off period as described below, and refund or otherwise compensate the Buyer for any returned Product that do not match the description in the Product Information and/or is defective.

The Sellers agree and acknowledge that “Karuselle“, acting as a representative, is not responsible for the quality and quantity of their Products.

For Professional Sellers

All Professional Sellers must respect the following rights of any Buyer:

• make a claim regarding the Products that are counterfeit or sold illegally, that do not conform to the provided Product Information or have hidden defects (statutory warranty). In such cases, the Seller must provide a Price discount or refund the full amount as specified in section 2.5.3 “Defects or incorrect description” of the Annex “Terms and Conditions – Purchase of Products on the Website www.karuselle.com”;
• cancel the Order within the 14 (fourteen) calendar days cooling off period in accordance with the applicable law, if the Product is returned in accordance with the conditions set out in section 2.5.4 “Right of withdrawal” of the Annex “Terms and Conditions – Purchase of Products on the Website www.karuselle.com”.

For Non-Professional Sellers

All Non-Professional Sellers must respect the Buyer’s right to make a claim regarding the Products that are counterfeit or sold illegally, that do not conform to the provided Product Information or have hidden defects (statutory warranty). In such cases, the Seller must provide a Price discount or refund the full amount as specified in section 2.5.3 “Defects or incorrect description” of the Annex “Terms and Conditions – Purchase of Products on the Website www.karuselle.com”.

For all Sellers

All Sellers undertake to accept the Products returned by the Buyer for a reasonable cause (as set out above) and, depending on the Buyer’s choice, return part or all money received to “Karuselle“, which must then transfer the amount received to the Buyer.

In any case where part or all money is refunded, all Professional Sellers undertake to reimburse any costs incurred by “Karuselle“ for the transfer to a bank account or card as a result of the Products being purchased and subsequently returned. “Karuselle“ must inform (before the refund is made) the Seller of the amounts to be transferred to “Karuselle“ as a reasonable reimbursement of such costs.

The Sellers must return all amounts received and reimburse any related costs (including loss of Commission Fee) incurred by “Karuselle“ and/or the Buyer when:

• the Seller has sold a counterfeit Product or an illegal Product;
• the Seller has sold a Product that does not comply with the provided Product Information or had hidden defects at the time of purchase;
• the Seller does not comply with the Seller’s obligations under the conditions and warranties set forth in section 2.1.4 “Seller’s warranties”.

2.6. Counterfeit or illegal Products

In the cases when Products are found to be counterfeit or illegal, they will be immediately removed from the Website and the Seller’s account will be suspended for a period of 6 (six) months. In case the Products of the same Seller are found counterfeit or illegal once again, the Seller’s account will be deleted and he/she will not be able to register on the Website for 5 (five) years.

The Seller assumes the risk that such Products may be confiscated by the competent authorities (e.g., police, customs, etc.) or by the owner of the respective trademark, who may have the right to destroy the Products.

The Seller assumes full responsibility for the sale of counterfeit and/or illegal Products, and “Karuselle“ is not responsible for any legal proceedings initiated after the sale of such Products.

In case of doubt as to the authenticity of the origin of the Products, “Karuselle“ reserves the right to request the Seller to provide documents proving the authenticity of the origin of the said Products, and to suspend the Seller’s account until such documents are provided.

2.7. Additional terms and conditions for Professional Sellers

A Professional Seller must indicate its Professional Seller status when creating its account on the Website.

All Professional Sellers must properly comply with their legal obligations regarding consumer protection and must ensure that:

• they do not provide false, inaccurate, misleading, deceptive information on the basis of which the Buyer buys the Product, which he/she would not otherwise have purchased; and
• the Buyer has a right to the cooling off period, as well as other consumer rights under applicable law.

Professional Sellers are also responsible for providing all necessary documentation to the relevant regulatory authorities in accordance with applicable laws and regulations (including obligations to register their business / activity and pay taxes).

“Karuselle“ reserves the right to request the Professional Sellers to provide additional information confirming their identity and addresses in order to be able to verify and hold such information throughout the life of the account and for 5 (five) years after the account is closed.