1 — Preliminary provisions 

These Terms of Use define the contractual conditions of the relationship between Kadine BV ("Kadine"), owner of the Essentiel Antwerp brand and of the website www.re-ssentiel.com, and the online users wishing to use the services offered on the Site.  

The "Site" means the platform on which Kadine's services, namely the sale and purchase of secondhand items of the Essentiel Antwerp brand, are offered under the domain name www.re-ssentiel.com.  

The services are limited to natural persons and for the personal use of the items purchased or sold. The Site may not be used to support any form of commercial activity. 

Except in cases of force majeure, Kadine undertakes to do everything in its power to provide users with access to the Site and to each member's account.

 

1.1 Registration and Member Account 

Selling an item on www.re-ssentiel.com is solely possible for persons duly registered on the Site and residing in Belgium. Persons residing in the Belgium, The Netherlands, Germany, France, Spain, Italy, Luxembourg, Austria, Portugal, Estonia, Lithuania, Latvia, Slovenia and Finland may as well register on the Site, in order to purchase items on the Site. The registration is open to any person over 18 years old.

The "Member" is a person that is registered on the Site by creating an account and accepting these Terms of Use. 

Any Member who wishes to register creates an account on the Site ("Member Account") by first providing a valid e-mail address and a password. It is through the Member Account that the Member may sell a second hand Essentiel Antwerp item. 

All Members undertake to provide accurate information regarding their identity, address and other data required to access and use the service. Any changes to this information must be updated as soon as possible. 

The Member undertakes not to communicate his or her login-details to third parties. The Site cannot be held responsible if any damage results from the disclosure of his or her login-details to or by a third party. In case of loss of password, the Member can click on the link "forgot password" and its login-details will be sent to the e-mail address that was provided during the registration.

The fact that a Member completes the registration form with one or more erroneous or incomplete detail may result in the refusal of registration or the deletion of the Member Account without notice or compensation and without any recourse on the part of the Member.

The Member undertakes to inform Kadine without delay of any illicit use by third parties of his or her login-details.

 

1.2 Obligations of the Members 

A Member must guarantee the truthfulness and accuracy of the information they provide on the Site, in particular of its personal details.  

At any time, Kadine may ask the Member to prove the accuracy of its personal details by sending a copy of his or her identity card and/or proof of address. Failure to send proof of identity within one month of the request by Kadine, authorizes Kadine to delete the Member Account.

Members must execute all commitments made in the context of the use of the Site in good faith.

A Member shall not:

— Offer counterfeit items
— Manipulate or intentionally disrupt the Site or the billing process
— Distribute false information, defamatory information, slanderous information, and/or including personal information
— Transfer any account and login information to another user
— Copy, modify or distribute Site content, Site services and tools or the Site’s brand
—Harvest or collect information about Members without their consent or without the consent of the Site
— Harvest or collect information about the Site without the consent of the Site
— Hack, modify, deface, or destroy Site data and access Site data that is not accessible or explicitly presented
— More generally, use the Site in bad faith and/or fail to comply with any of the provisions of these Terms of Use
— Post or disseminate, in any form whatsoever, information or content that has the effect of diminishing, disrupting, preventing the normal use of the services, interrupting and/or slowing down the normal flow of communications between Members through the services, such as software, viruses, mass mailing, etc
— Disseminate viruses or any other technology that could harm the Site, the interests of the Members of the Site or their property

Any breach of these prohibitions may result in the deletion of the Member's Account, after a formal notice by Kadine by e-mail to cease this infringement has remained unanswered or unsuccessful for a period of more than seven (7 ) calendar days. 

Kadine also reserves the right to close Member Accounts that have not been confirmed, as well as accounts that have been inactive for more than one year.

 

1.3 Continue as a Client

If a user only wishes to use the Site to purchase an item, it does not necessarily need to create a Member Account and can make the purchase by continuing as a "Client".

2 — Sell your Essentiel Antwerp items 

The trade-in is currently only available for Belgium and is limited to 5 items per month.

The Site offers an Exchange service, open to all Members.  

When a Member sends its items directly to the Site in exchange for a Credit, it is called an “Exchange”.

A "Credit" means the amount indicated on the Site for the Exchange of an item, at the time of entry on the Site under the “Sell module”.  

2.1 Accepted items 

Accepted "Items" are all Essentiel Antwerp ready-to-wear items, released after 2018, offered (added to the Site) by a Member for sale on the Site. Jewelry, underwear, socks, shoes and items bought at the stock sale are excluded.

 Any Item offered for sale must be in one of the following categories:

— New condition: With the original label, never worn
— Excellent condition: As new with no signs of wear or defects
— Very good condition: With only minor signs of wear

Items without a brand name or with a cut off brand label will not be accepted. 

Items that are no longer in their original condition, for example those that are reworked, are also excluded.

Under no circumstances may the Items be in any other condition (damaged, worn, out of order, stained, with holes, deformed, dirty...). It is the Member's responsibility to verify that the Item corresponds to the criteria, and that it falls within one of the 3 categories mentioned above. Upon receipt of the Item, Kadine will check if the category indicated is in accordance with the condition of the Item. The Credit that was initially indicated can be reduced to reflect the actual condition of the Item. However, no Credit will be granted if the Item does not fall into one of the categories listed above or has defects that do not allow it to be offered for sale on the Site. Only the Credit stated in the confirmation e-mail that was sent upon receipt of the Items, will bound Kadine. Any other Credits and/or amounts, granted or mentioned, in an earlier or later instance, cannot be invoked against Kadine. 

The Member acknowledges that the refused Items will not be sent back, but that they will be given to an appropriate organization or that they will be donated to enter an upcycling process, without any compensation for the Member. 

Failure to comply with these rules may result in the suspension or even the deletion of the Member's Account.

The Site only takes back Items whose types and sizes are defined in the “Sell module” on the Site.

 

2.2 The different steps of an Exchange

Step 1: The Member qualifies its Item in the “Sell module” and obtains an estimate of its Credit value from the automatic calculator. The estimated Credit value is determined according to numerous criteria (type, material, condition, etc.) and is generated automatically. The Credit is confirmed by e-mail within 10 working days from the date of receipt of the Item. This amount is not subject to any negotiations with Kadine.

By selling an Item, the Member declares that:

— They are the owner of the Item.
— They have the legal capacity and all the necessary authorizations to offer the Item on sale.
— They contractually commit to the truthfulness of the information given.
— All necessary information on the quality and condition of the Item is provided.
— They remain the only one responsible for the sale of an Item of which the circulation is prohibited, or which could contravene with any public regulations in force, the public order or good morals in general.
— They consider respect, good morals and the public order in the description of the Item.
— They will not send counterfeit Items: The Site reserves the right to verify the authenticity of an Item and may refuse to accept the Item even if it turns out that the Item is not counterfeit. Members are reminded that it is forbidden to offer counterfeit Items. Counterfeiting is an offence punishable by law and infringes the intellectual property rights of brand owners.

On simple request of the Site, the Member shall communicate the original version and/or a copy by electronic means of any element likely to justify the ownership of the Item, its origin, as well as its authenticity. 

The authenticity of the Item is the most essential quality for Kadine. In the event that Kadine accepts an Item which afterwards appears to be inauthentic, Kadine will consider itself the victim of an error of substance within the meaning of article 1110 of the Belgian Civil Code.

 

Step 2: The Member can ship the Items free of charge. The Member must print its shipping label, generated by the Site and sent to the Member by e-mail, and stick it on the packaging of its Item. The Member uses its own packaging. The label must be legible, the package may be refused if the label is not legible, badly printed, badly stuck or torn.

In order for the Item to be authenticated and eligible for an Exchange, the Member must also print a "Transfer Slip" to transfer the ownership of the Item to Kadine. This Transfer Slip will be sent to the Member by e-mail, at the shipping stage of the Item. The Transfer Slip contains the Member's name and the status of the Item. It is mandatory that the Member signs the Transfer Slip, otherwise the Transfer Slip will be null and void. After receipt of the Item, the Transfer Slip is kept for 90 days (except in the case of a dispute, in which case it is kept until the expiration date).

The rules regarding the packaging are as follows:

— Parcel dimensions: it is the Member's responsibility not to exceed the maximum dimensions (the sum of the length, width and height must be less than 120 cm), indicated on the Site
— Weight of the parcel: it must correspond to the weight of the Item and must not exceed 20 kg.
— The packaging of the parcel must secure the contents and allow for handling and movement without risk but must also take into account the safety of the personnel of the carrier.

In the event that a Member does not respect these packaging rules, the carrier may refuse the package, at its sole discretion. In this case, the Member's parcel may also be blocked within the shipping process and its recovery will be at the Member's expense. The acceptance of a parcel by the carrier does not imply acceptance of the conformity to the rules as indicated above.

In the absence of compliance with these rules, a Member shall, if required, be liable to pay the additional costs and to collect the parcel at his own expense.

It is the sole and entire responsibility of the Member to enter correctly and in a complete, real and accurate manner the information that will allow the carrier to proceed with the shipment of the parcel. 

The Member deposits his parcel in one of the carrier's shipping points.

The Member who has confirmed an Exchange commits himself to deposit this Item within 15 days, following the reception of the confirmation e-mail. If not, the shipping label will become invalid, and the Exchange will be cancelled. However, nothing prevents the Member from initiating a new Exchange.  

 In the event of a parcel being lost or damaged during transport, the Carrier’s insurance may cover the Member’s compensation.
As the delivery of the parcel containing the trade-in items is carried out by Chronopost, a third-party service provider, the Member is hereby informed that www.re-ssentiel.com cannot be held liable in any way in the event of non-performance or poor performance of this delivery.In the event of a lost or damaged parcel, the Member must provide proof of deposit of the parcel by the Chronopost agency or relay point. However, in the event of proven loss by the Chronopost carrier, www.re-ssentiel.com undertakes, exceptionally, to compensate the seller customer according to the weight of the lost parcel recorded by Chronopost, with a maximum of 23€ in credits per kilo lost per parcel on the seller’s second hand wallet. If the parcel is lost before being handed over to the Chronospost carrier, compensation will not apply. The Member must contact the consignee or the pick-up relay point.

Step 3: The Site receives the parcels and checks each of the Items within 10 working days following the reception of the parcel.  The Member receives a summary of the accepted or refused Items with their corresponding Credit by e-mail. In the event that the actual condition of the Item does not correspond to the condition that was initially indicated by the Member, the amount of the Credit shall be reduced proportionally or, if the Item is in an unacceptable condition, no Credit shall be granted, as described in Article 2.1.

The Site will then take care of the advertisement and the sale of the Items.  

 

2.3 Credit and Voucher

The Member receives the amount of its Credit on its Member Account. The amount is credited after the Items are processed.

The Member can either convert the Credit into a voucher to buy Items on www.re-ssentiel.com, or either convert it into a voucher to buy Items on www.essentiel-antwerp.com and/or in one of the Belgian Essentiel Antwerp stores (the “Voucher”).

The Voucher is valid for a period of twelve (12) months, on any order, and will cover the price of the Items.

The Voucher to be used on www.re-ssentiel.com can amount to a maximum of 250 EUR and is not cumulative with other Vouchers. This Voucher is considered a one-off promotional code. The Member therefore is strongly recommended to convert the Credit on its Member Account to a Voucher worth the exact amount of its desired Order on www.re-ssentiel.com, as any excess will not be automatically returned. The Voucher cannot be used to pay any delivery costs. By placing the Order, the Member expressly acknowledges and accepts the above.

A Voucher to be used on www.essentiel-antwerp.com and/or in one of the Belgian Essentiel Antwerp shops (outlets are excluded) can amount up to 250 EUR and can be combined with other Essentiel Antwerp Vouchers. This Voucher also covers the corresponding delivery costs.

The Voucher will contain a promotional code that the Member can enter at the end of its order for the discount to be applied.

If the value of the order is higher than the amount of the Voucher, the difference must be paid by the Member using one of the other payment methods offered on the site or in the store. 

A promotional code cannot be used for an order already validated.

All Vouchers have an expiration date specified on the Voucher.

Vouchers cannot be exchanged or refunded.

 

3 — Buy

 

3.1 Order 

If the Client wishes to make a purchase on the Site, they can add items offered for sale on the Site to its virtual cart. They can then access the summary of its shopping cart in order to confirm the Items they wish to order and make an "Order" by pressing the "Order" button.

The Client must enter an address, a delivery method and a valid payment method in order to finalize the Order and form the sales contract between the Client and Kadine. Finalizing the Order implies acceptance of the prices of the Items sold, as well as the delivery terms and deadlines indicated on the Site.

Once the Order has been placed, the Client will receive a confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between Kadine and the Client. 

3.2 Items and prices

The Items covered by the Terms of Use are those that appear on the Site and are sold by Kadine. The Items are described on the corresponding page on the Site and all their essential characteristics are mentioned. Orders can be made within the limits of Kadine's available stocks. Kadine cannot be held responsible for stock shortages or for the impossibility of purchasing an Item that is not in stock. When a Client wishes to purchase an Item sold by Kadine through the Site, the price indicated on the Item-page corresponds to the price in Euros, all taxes included, excluding shipping costs and taking into account applicable discounts in effect on the day of the Order. The price indicated does not include delivery charges, which shall be detailed, where applicable, in the summary before the Order is placed. Under no circumstances shall a Client be entitled to demand the application of discounts that are no longer in effect on the moment of the Order. 

 

3.3 Terms of payment

Unless provided otherwise, all Orders are paid at the time of placing the Order. Payments can be made by:

— Credit card via a secure connection
— RE—SSENTIEL Voucher

— Bancontact

 

3.4 Delivery

The Order will be delivered to the address entered by the Client during the ordering process, and in accordance with the carrier's procedures. The Client has the choice to have his order delivered at home or at a collection point. 

The delivery times indicated on the website and in the shipping information are to be considered as a commitment of means and are not opposable to Kadine.

Items ordered by the client can only be delivered to adresses located in Belgium, France, Germany, the Netherlands, Spain, Italy, Luxembourg, Austria, Portugal, Estonia, Lithuania, Latvia, Slovenia and Finland.

The risks of loss and/or damage passes over to the Client as of receipt of the Order at the delivery address communicated by the Client.

3.5 Right of revocation

The Client has fourteen (14) days from the day of receipt of the Items ordered to exercise its right of revocation, without the need to provide any reason.

The Client will inform Kadine of its decision to revoke by sending a clear, unambiguous declaration to service@re-ssentiel.com. The Client can use the model revocation form attached in the Annex to these Terms, but this is, however, not mandatory.

The Client shall return the Items to Kadine immediately and in any case, at the latest fourteen (14) days after having communicated the decision to revoke. The Client must return the Items in an unused condition, with all the original labels on, and at his own expense. The Client will pay for the return.

To make the return, the Client prints a return slip under the heading "My orders" in the customer area of the Site and sticks it on his parcel to send it back. The return must be deposited at a collection point of the carrier. 

If the client does not use the return slip, the Client will assume responsibility for the Items (including any risk of loss or damage) until they are delivered to the address specified on the return slip.

In case the aforementioned conditions are fulfilled and Kadine has received the Items, Kadine will refund the Client the full sum of the Order, after deduction of the return costs. The return costs are identical to the original shipping costs that the Client has paid when placing its Order.

The sum will be refunded within 14 calendar days of Kadine receiving the returned Items, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Client actually paid.

For this refund Kadine will use the same means of payment as the Client used for the original transaction unless expressly agreed otherwise and in no event will the Client be charged for this refund less the sales vouchers or discounts used to pay for the order. The Client will be refunded in accordance with the procedures agreed with the bank which issued the card.

If a Member, as a Client, has used a Voucher to pay for its Order, the Member's Account will be credited again.

The Client shall be liable for any loss in value of the Items if such loss in value is due to having used the Items to an extent more than necessary to establish the nature, characteristics and the functioning of the Items.

Returns can only be accepted in the way described above and returns to our physical stores will not be accepted. Returns will be sent to the address indicated on the return slip.

It is not possible to exchange Items. If the Client wishes to have another Item instead of the initial Order, the Client can invoke the right of revocation as described above and subsequently place a new order for the desired Item.

3.6 Statutory warranty

In case of faulty or non-conforming goods, the Client can contact customer service via the contact form which can be found under the ‘Contact’ option, or via the e-mail address service@re-ssentiel.com.

The Client shall be entitled to the one (1) - year legal guarantee for conformity for goods, as described below.

From the moment Kadine receives the defective Product, Kadine will at the Client’s choice either repair the defect or replace the Item with an Item free of defects (so-called supplementary performance). Before asserting other warranty claims, Kadine shall be given reasonable opportunity and time to perform such supplementary performance. Kadine can refuse the type of supplementary performance chosen by the Client if it is only possible with disproportionate costs.

If the supplementary performance fails, the Client can obtain a reduction of the price or a termination of the contract at its choice.

The right to terminate is excluded if the delivered Items deviate only insignificantly from the agreed quality or if the contractual or normal use of the Item is only insignificantly impaired.

The Clients must contact customer service immediately, and in any case within two months of discovering the defect, should they wish to invoke this guarantee, and notify Kadine of the non-compliance via customer service in writing. 

Under no circumstances does the guarantee apply to Items which are damaged intentionally or by the Client's negligence, nor does it apply if the damage is due to wear and tear, transport or incorrect use.

Clients can contact customer service if they have any queries regarding the above.

 

4 — Intellectual Property Rights

For the purposes of this provision, "Intellectual Property Rights" means the "RE-SSENTIEL", "ESSENTIEL ANTWERP" and "ESSENTIEL" trademarks, and all rights, copyrights, trademarks, designs, know-how and registered domain names, including, without limitation, the domain name "essentiel" or "re-ssentiel" or "essentielantwerp" or any translation and/or representation thereof or any related word, as well as texts, databases containing the data published on the Sites, the display, the presentation, and the illustrations of the Sites, the sales catalogs, the photos, the images, the videos and the music posted on the Sites and protected by copyright, the rights relating to the databases, the trademarks, the patents and all other intellectual property rights.

Any person using the services of the Site declares to be informed of the existence of these Intellectual Property Rights and undertakes to respect them at all times.

Kadine is and remains at all times the exclusive owner of these Intellectual Property Rights.

The Intellectual Property Rights may not be reproduced, published, imitated, exploited or used in any manner or form without the prior written consent of Kadine. This agreement must be in writing, unless Kadine has granted a right to share certain aspects of the Intellectual Property Rights via social networks. In this case, the granting of these rights is limited to the specific elements of the Intellectual Property Rights as determined by Kadine, the use and the social networks for which Kadine has authorized the sharing, and in any case this granting of rights remains non-exclusive.

Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of Kadine will expose the offender to civil and criminal proceedings.

5 — Liability 

Kadine can in no way be held responsible for the unavailability, whether temporary or permanent, of the Site and although it does everything in its power to ensure the service is always available, it may be interrupted at any time. Kadine will not be liable for any technical malfunctions of the Site and will not be held to compensate any differences in Credits or amounts that were granted due to such bugs or malfunctions.

In addition, Kadine reserves the right to voluntarily make the Site unavailable in order to perform any updating, improvement or maintenance operation. As previously mentioned herein, Kadine cannot be held responsible for delays in delivery for reasons beyond its control, independent of its will, unforeseeable and irresistible or whose fault cannot be attributed to it.

 

6 — Modifications

Kadine reserves the right to modify the Site, the Terms of Use, as well as any delivery procedures or other elements of the services provided by Kadine through the Site.

When an Order is placed, the Member or Client is subject to the stipulations set forth in the Terms of Use that are in effect at the time the Order is placed.

 

7 —Governing law and jurisdiction

The law governing the Terms of Use is Belgian law. Any dispute that may arise during the execution of these Terms of Use will be subject to an attempt at amicable resolution. Failing that, the courts of Antwerp, Belgium, shall have exclusive jurisdiction to hear the case.

 

8 — Acceptance of the Terms of Use

Any person using the services of the Site, whether as a Member or as a Client, expressly accepts the Terms of Use. They declare that they are aware of the Terms and waive the right to invoke any other document, in particular your own terms and conditions of purchase.

They acknowledge that they are aware of the following information and details:

— The essential characteristics of the Item;
— The price of the Item;
— The date or time frame in which Kadine undertakes to provide the services;
— Information relating to the identity of Kadine (postal, telephone and electronic contact details);
— Information on legal and contractual guarantees and their implementation methods;
— The possibility of resorting to conventional mediation in the event of a dispute;
— Information on the right of withdrawal (time limit, terms of exercise).

ANNEX 1

MODEL REVOCATION FORM (If you want to revoke the contract, please fill out this form and send it to us.) — To Address: Customer Service, Arenbergstraat 21, 2000 Antwerpen, Belgium         or to the following E-mail address: service@re-ssentiel.com.  — Herewith I revoke the agreement concluded with me regarding the purchase with order number [order°] of the following goods [reference]; — Ordered on (*)/received on (*) — Name of the Customer — Address of the Customer — signature(s) of the consumer(s) (only in case of notification on paper) — Date ________ (*) Delete as applicable.