Terms & Conditions

Dropshipping Terms & Conditions

Version 6 – August 20th 2018

 

Terms and Conditions

Please read these terms and conditions before placing an order. vidaXL withholds the rights to change these Terms & Conditions without prior notice.

The vidaXL dropshipping service only deals with customers that have an account registered on https://b2b.vidaxl.com. "vidaXL dropshipping service(s)" refers to the use of the platform at aforementioned website. Any account opened for purchasing items for personal use will be cancelled immediately. When registering for a vidaXL dropshipping account, please provide all required information within the application form on https://b2b.vidaxl.com. An account will not be approved unless all information is filled in. vidaXL reserves the right to cancel any account that was approved in error. For any misuse of accounts, vidaXL is entitled at any time for reasons of its own to suspend the use of an account.

 

In this document,

 “drop shipper” refers to customers who have registered and have an approved drop shipper account with vidaXL dropshipping services. “Customers” refers to the end-customer of the drop shipper. Once an application has been lodged and the drop shipper has provided the relevant information needed, vidaXL will decide whether or not to approve an account within 48 hours.

 

“vidaXL” refers to the private limited liability company vida XL International b.v., located at Mary Kingsley street 1, (5928 SK) Venlo. Operating in the Netherlands under the VAT number: NL8506.43.545.B.01, trading under Chamber of Commerce Limburg number 52876861 and trading in the countries United Kingdom, Spain, France, Greece, Ireland, Italy, Norway, Portugal, Sweden, Belgium and the Netherlands.

vida XL Europe b.v., located at Mary Kingsley street 1, (5928 SK) Venlo. Operating in the Netherlands under the VAT number: NL8200.55.220.B.01, trading under Chamber of Commerce Limburg number 820055220 and trading in the countries Bulgaria, Austria, Czech Republic, Germany, Denmark, Estonia,  Finland, Croatia, Hungary, Latvia, Lithuania, Poland, Romania, Slovenia and Slovakia. 

The private limited company TM Handelsgesellschaft GmbH, located at Lindenstrasse 16, (6340) Baar, operating in Switzerland under VAT number: CH E45 1181434, and registered under number 1235780-81, trading in Switzerland

The limited liability company vidaXL LLC, located at 12200 Arrow Rte, Rancho Cucamonga (CA 91739), operating in the United States of America, and registered under number 323 315-0448, trading in the United States of America

The proprietary limited company HB Commerce Pty Ltd, located at 201 Elizabeth Street, Sydney (2000), operating in Australia, and registered under the number 154339438, trading in Australia

 

1.      Terms of Contract

 

1.1   This Terms and Conditions apply to all items supplied by vidaXL within the context of the vidaXL dropshipping service. All orders placed on items advertised on the vidaXL website at https://b2b.vidaxl.com are considered an offer to the drop shipper to purchase the items selected for an order. No contract exists between vidaXL and the drop shipper until vidaXL has received and accepted the order. When orders are placed the drop shipper will receive an email confirming this. This notification is not a confirmation that the order has been accepted by vidaXL but only a confirmation that an order has been placed.

 

1.2    vidaXL reserves the right to cancel the contract of sale if the payment for orders is not received in full before the actual shipping date.

 

2.      Description and Price of Goods

 

2.1  vidaXL has taken care to describe and take images as accurately as possible in accordance to the manufacturer’s specification. Despite this, variations amongst items may occur. If there is anything the drop shipper does not understand about the information provided on the website please email vidaXL at dropshipment@vidaxl.com.

 

2.2   All prices shown on the website are in local currency, excluding VAT. The VAT amount is charged upon checkout based on the VAT rate used by the country the goods are delivered too. Every effort is made to ensure the prices shown on the website are accurate at the time of placing an order. If an item has been under priced in error, vidaXL will contact the drop shipper and offer the following three options:

A.  Placement of a new order at the correct price of the items;

B. Cancellation of the whole order;

C. Cancellation of the order for the mispriced items and reconfirmation of the order for the correctly priced items.

 

2.3   If the drop shipper does not respond within 24 hours, the order will be automatically cancelled. Any payment received from the drop shipper will be credited back to wallet of the drop shipper within 7 days. If, within 2 working days of accepting the order, vidaXL discovers that some of the items are unavailable, vidaXL will email the drop shipper to request if the drop shipper would like an alternative item or refund. If a refund is chosen, it will be processed within 7 working days. If vidaXL does not receive a reply within 24 hours, the order will be cancelled and refunded in full. The refund will be credited to the wallet of the dropshipper.

 

2.4  Under no circumstances can back-orders for items be accepted. Due to the large scale of operations involved in the continuity of stock supply, vidaXL cannot guarantee all items will be available to order constantly. It is the responsibility of the drop shipper to monitor the vidaXL website and data feeds and update their stock levels accordingly through the medium (i.e. webshop) in which the drop shipper sells.

 

2.5  vidaXL dropshipping services cannot be held accountable for any potential loss of earnings through drop shippers continuing to advertise out of stock and discontinued items.

 

2.6  The price of an item includes shipping charges. There is no minimum order requirement for individual drop-shipped order. The drop shipper is allowed to set their own prices on items through the medium in which the drop shipper sells.

 

2.7   vidaXL reserves the right to change the prices of items on the website at any time of day. It is the responsibility of the drop shipper to monitor the vidaXL website and data feeds and update prices accordingly through the medium in which the drop shipper sells.

 

3.        Placing an order

 

3.1  When a drop shipper places an order with vidaXL, the drop shipper confirms to have read and agreed to the terms and conditions laid out in writing in this document.

 

3.2   In the event of items shipped to an address other than the drop shipper vidaXL has no contract between the receiver of these goods (the customer) and vidaXL. In this case vidaXL cannot mediate any aspect of the sale between the drop shipper and the customer of the items shipped.

 

3.3   It is the drop shippers responsibility to make sure that any legal issue which may arise between the drop shipper and the customer is applicable to an own set of terms & conditions used by the drop shipper when selling items using the vidaXL drop shipping service. vidaXL will not accept any responsibility for legal issues which may arise as a result of the absence of any terms & conditions or any other legal document required by law or otherwise between drop shipper and customer.

 

4           Payment

 

4.1    Payments for orders can be made via PayPal, by bank transfer or using the wallet functionality. It is required that orders are paid in full before vidaXL dispatches them. If payment for the order fails, the order will be cancelled within 3 working days unless the drop shipper contacts vidaXL to specify otherwise.

 

5         Order Cancellations/Changes

 

5.1  Changes can be made on the same day before 12 noon local time by contacting our local service email or phone. However, if an order has been paid or dispatched, cancellation will not be allowed.

 

6           Drop Shipping Fee and Discount

 

6.1   For all drop shipping orders, there will be no additional fees involved. All the handling costs are built into the item prices that the drop shipper will see when logged into your drop shipping account. The only costs the drop shipper pays are the item price as listed plus VAT.

 

6.2     A monthly subscription fee is charged for access to the b2b platform. This fee is charged for each additional access (one access per delivery country).  Cancelation of the subscription will lead to exclusion of the b2b platform.

 

7         Shipping

 

7.1     Items normally will be shipped after receiving full payment within 2 working days unless a specific agreement has been set up. Shipping methods offered for drop shipping will be offered upon checkout and shipment tracking number and notification will be sent to the drop shipper once items are dispatched. vidaXL cannot be held responsible for any delays in delivery caused by freight companies or intermediaries used.  

 

7.2     The customer is responsible for the order once the package arrives at the supplied delivery address. vidaXL cannot be held responsible if the package goes missing once delivered. If any items are received damaged, the customer must notify the drop shipper within 48 hours of receiving them. vidaXL must then be notified within 72 hours after the expected delivery time. If any items are received faulty the drop shipper must notify vidaXL within 14 days of receiving them. Please see returns procedure in section 8 for more details.

 

7.3   vidaXL cannot be held responsible for items that do not arrive to the customer due to errors made by the customer or by the drop shipper when entering the address details. The drop shipper needs to ensure to check all order details before confirming an order. Also note that the address must be accessible to courier drivers and if no shipping instructions are left the drop shipper needs to ensure that there is someone to receive the package. vidaXL advises drop shippers to use their own terms and conditions to ensure the customer is able to receive packages.

 

7.4     If packages are sent back to vidaXL, vidaXL will refund the drop shipper the item costs excluding the shipping charges incurred if charged. Please also note that deliveries made to business addresses or at a place of work are considered received once they arrive at the address. It is the customer’s responsibility to ensure the item is safely received.

  

8         Returns Procedure

 

8.1     A customer can review any item for 14 days starting from the moment the items are delivered at the address as stated in the order details. If the customer decides to return the item(s) the following rules apply:

A.         The customer is obliged to return any received item(s) within 14 days after the day of delivery to a return address provided by the drop shipper.

B.         When receiving the items from the customer, the drop shipper returns these item(s) within 14 days after receiving them from the customer directly to vidaXL and applies for a refund via vidaXL drop shipping services. A refund will be credited back to the drop shipper wallet account within 7 days after vidaXL receives the refunded item(s) and confirms the items are in good condition and not damaged. The drop shipper is responsible for correct packaging of the items or any legal issue which may arise between the drop shipper and the customer as a result of (incorrectly) returning (damaged) items.

8.2   If the drop shipper is unable to comply with 8.1.B the drop shipper may ask vidaXL to facilitate the return directly with the customer. vidaXL will do this upon request of the drop shipper and on the same conditions that vidaXL provides to the customers on its local websites (eg www.vidaxl.nl). Any costs that would be charged to vidaXL customers on its local websites will also be charged to the drop shipper. The drop shipper will provide vidaXL with both phone and email of the customer. vidaXL will use this information solely with the purpose of performing the requested return.

 

8.3   If the drop shipper has an unusual and inexplicable high percentage of returns compared to average return rates within vidaXL, vidaXL reserves the right to deny further return services to the drop shipper or exclude the drop shipper from its dropshipment platform.

 

 

8.4     In the event of any items received being damaged or incorrect items received the following rules apply:

A.      The customer is obliged to bring (photographic) evidence. These photographs need to be (digitally) date marked and sent to either an e-mail address provided by the drop shipper or directly to local customer service emails  citing the order number and item number. Upon inspection vidaXL will decide upon one of three options:

I.           The damage warrants a discount;

II.         The damage warrants a refund;

III.       A new item will be sent out.

B.      Refunds are applicable for the items only and do not include the price paid for shipping.

C.      vidaXL reserves the right to deviate from the above if applicable to an individual case.

 

8.5     vidaXL advises the drop shipper to use their own terms and conditions stating the above. vidaXL can not be held responsible by drop shipper (or customer) if the customer or drop shipper does not return an item according to the return policy of vidaXL as stated in this article.

 

8.6     The drop shipper is required to provide customers with (correct) contact info in case of questions about items or orders. vidaXL customer care will divert any questions from customers back to the drop shipper. If vidaXL notices the drop shipper did not supply the (correct) contact info to customers, the drop shipper is required to provide this information to their customers within 2 days, if the drop shipper fails to provide this info, vidaXL reserves the right to (temporary) suspend an account in accordance with article 10 of these terms and conditions.

 

9         Limitation of Liability and Guarantee policy

 

9.1     vidaXL will not be liable to drop shipper for any loss or damage in circumstances where:

A.      There is no breach of a legal duty owed to the drop shipper by vidaXL or by its employees or agents;

B.      Such loss or damage is not a reasonably foreseeable result of any such breach;

C.      Any increase in loss or damage resulting from breach by drop shipper of any item of this contract.

 

10     Account

 

10.1 VidaXL reserves the right to (temporary) suspend an account and block out payment to drop shipper in the following cases:

A.         If the drop shipper violates these terms & conditions in any way;

B.         If the drop shipper is under suspicion of fraud, including but not limited to: selling non-genuine products, intentional failure to deliver, order diverting, etc.

C.         vidaXL reserves the right to terminate an account and to prevent the use of the drop shipping services if the account is used to engage in illegal activity or if it violates this terms of conditions in any way.

 

11     Data Protection

 

11.1 vidaXL will take all reasonable precautions ensuring that the details of orders and payments are kept secure. Unless vidaXL is negligent vidaXL will not be liable for unauthorised access to the information supplied by the drop shipper.

 

11.2 vidaXL will not supply privacy information to any third party.

 

12     Marketing Material

 

12.1 All vidaXL images are freely available for use on the drop shipper’s website. Once the drop shipper applies for an account and is accepted the drop shipper will be directed to the appropriate URL links for the images of each product.

 

13     General

 

13.1 All items are subject to stock availability at the time of ordering. If the drop shipper can’t find a particular item on the website, it has gone out of stock or the item has been discontinued. If the drop shipper has any further queries on the stock availability, feel free to mail vidaXL at dropshipment@vidaxl.com. While every effort will be made to ensure that all items shown are in stock vidaXL offers no guarantee of availability of the items.

 

14     Quality of Service

 

14.1 The drop shipper is required to offer a level of service to his customers similar or higher than vidaXL offers to its own customers. In the event damage has been done to the reputation of vidaXL because the drop shippers fails to offer the required quality of service, vidaXL reserves the right of rectifying the damage by compensating the customer. The cost associated with this compensation will be charged to the drop shipper. vidaXL reserves the right to compensate these cost with the amount due to the drop shipper.