BEZZU.COM RETAILER TERMS
By accessing or using bezzu.com (the “Site”) you (referred to as the “Retailer”, “you” or “your”) acknowledge and agree to the disclaimers and terms and conditions (“Retailer Terms”) set out below relating to the use of the Site and the selling of goods advertised by you and made available for purchase through the Site (the “Products”) to individual users (the “Users”).
Please ensure that you read these Retailer Terms with care. If you are dissatisfied with any portion of the Site, or with any of these Retailer Terms, your sole and exclusive remedy is the discontinuation of your use of this Site, and the services offered through the Site. The information on the Site is regularly updated but if we do make a mistake we will try to resolve it as soon as possible.
1. ABOUT US
The Site is owned and managed by Bezzu Corporation Limited trading as Bezzu (“Bezzu”, “we”, “us” or “our”). Bezzu is incorporated in Ireland with company registration number 656940 and having its registered address at 25a Shaws Lane, Bath Avenue, Dublin 4, D04 P5Y6, Ireland.
Bezzu is a global technology platform for fashion and retail. We host a collaborative environment for the industry, its facilitators and creators, connecting retailers to their customers. You can use Bezzu to sell Products directly to customers in jurisdictions around the world in which the Site and your Products are available.
2. USING OUR SERVICE
By using the Site to promote and sell your Products, you warrant that:
- you agree to these Retailer Terms;
- you are legally capable of entering into binding contracts and that you have the authority to legally bind the person who is the Retailer for the purpose of these terms;
- you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Retailer Terms;
- the advertising and sale of your Products to jurisdictions from which you accept orders will comply with all applicable laws; and
- all content supplied to the Site will be accurate and not in any way contrary to applicable law, including, but not limited to, data protection, consumer laws and regulations (including distance selling regulations).
You acknowledge that the Products are not manufactured or supplied by Bezzu and that Bezzu only facilitates the advertising of your Products and your interaction with consumers on the Site. Consequently, you further acknowledge and agree that any contracts for the purchase of Products are strictly between you and the relevant User in relation to the particular Product(s) purchased and associated services.
You agree to make terms and conditions available on your individual page on the Site before allowing Users to make an order and enter into a contract for the purchase of Products between you as Retailer, and the relevant User.
Bezzu has no control over and does not guarantee the existence, quality, safety or legality of Products advertised; the truth or accuracy of users’ content, listings or feedback; the ability of Retailers to sell Products; the ability of Users to pay for Products; or that any Retailer or User will actually complete a transaction or return a Product.
You agree to indemnify us in full in respect of any losses, damages, costs and expenses (including arising from negligence) which we may suffer as a result of any claims or proceedings which may be brought against us arising out of a breach by you of these Retailer Terms or any claim which may be made against us by a third party (including any User) arising out or in connection with your use of the Site and/or any resulting contracts entered into with Users.
You shall comply with all instructions and policies from Bezzu in respect of the Site and co-operate with any reasonable security or other checks or requests for information made by us.
While we reserve the right to do so, we are not responsible for screening and monitoring content submitted by Retailers. We reserve the right (but shall have no obligation) to decide whether content complies with the requirements set out in these Retailer Terms and may remove such content and/or terminate your access for uploading any content which is in violation of these Retailer Terms at any time, without prior notice and at our sole discretion.
You accept full legal responsibility in respect of: (a) the advertising and sale of Products through the Site; and (b) any content you submit through or upload to the Site. You agree to indemnify us in respect of any loss or other liability, costs (including legal costs), expenses or damages incurred as a result of or arising out or in connection any use of such content by Bezzu, or as a result of any reliance by a User on such content. You agree that we may conduct inquiries with third parties to verify accuracy of information provided by you.
3. ACCESSING OUR SITE
We hereby grant you permission to access and use the Site and the services provided by Bezzu on the Site, subject to you complying with:
- these Retailer Terms;
- Bezzu Site Terms and Conditions;
- Retailer Data Processing Addendum; and
- any policies as published from time to time on bezzu.com.
You agree that your failure to adhere to any of these conditions shall constitute a breach of these Retailer Terms on your part and may result in suspension or termination of your right to use the Site.
We may update and vary these documents at any time. We will provide notice by publishing the varied documents on this website. You accept that by doing this, we have provided you with sufficient notice of the variation.
4. SELLING PRODUCTS
Bezzu provides you with a platform to directly advertise and sell your own range of Products. When you advertise and sell a Product, you agree that:
- the Product description is true and accurate and pricing is transparent and inclusive of any VAT or other applicable taxes and otherwise displayed in accordance with applicable consumer laws;
- you will comply with all applicable laws, including those relating to the advertisement, marketing, sale and return of Products in the jurisdictions from which you accept orders through the Site;
- payment will only be accepted from Users if you are in a position to fulfil the order;
- once the User has paid for the Product(s) and any delivery fees, you will organise for delivery of the Product(s) using the delivery information provided by the relevant User and in accordance with the delivery information communicated to the User at the time of sale; and
- you will not sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
For your convenience we have integrated Stripe Custom Connect into the platform for all online purchases. By entering and saving your merchant bank account details on the platform, a Stripe account will be created for you and you will enter into a separate contract with Stripe the terms of which you can access here: https://stripe.com/ie/connect-account/legal. You will be required to complete the Stripe verification process in order to receive pay out from your Stripe account to your merchant account.
Standard fees and charges for Custom Connect accounts as posted on the Stripe website and relating to your account will be deducted from any payouts due to you. In the event a standard Stripe fee or charge is not deducted from any payout, it may be deducted from a subsequent payout. In Ireland, for example the charges are 1.4% plus €0.25 per transaction for European cards, and 2.9% + €0.25 for non-European cards plus platform fees of 0.25% + 10c. Actual charges can be higher for different cards and can include currency conversion fees, fraud and refund protection and other charges, so in some cases Stripe charges can exceed 5% of the transaction - see https://stripe.com/ie/pricing. We are not responsible for Stripe fees and charges or any issues or liabilities arising from your use of Stripe to receive online payment. Payouts are processed weekly and generally subject to Stripe processing timeframes of 7-14 business days. It may take additional time for funds to appear in your bank account subject to bank processing times.
You agree that Bezzu will retain any referral fees or any difference between standard fees and charges and any trade, volume or other rates or discounts it may negotiate with Stripe or other service providers integrated into the Bezzu platform.
Due to EU regulations, all refunds will have to be processed through Stripe. In the event of a refund, fees and charges in relation to the transaction will not be refunded. This cost will be borne by you and charged to your Stripe or other account. You can find out more about Stripe refunds on the following link: https://support.stripe.com/topics/refunds
5. SERVICE LIMITATIONS
When you sell a Product on Bezzu, this is a transaction between you, as the Retailer, and the User. Bezzu is not a party to the contract between you and the User or the Users. Bezzu is not in any way responsible or liable for your performance (or failure to perform) the contract. We encourage you to help us to improve our service by reporting Users that you believe may be violating our terms and conditions and policies. We take such reports very seriously and will endeavour to deal with them expediently and appropriately.
6. REVIEWING PRODUCTS
Bezzu’s platform allows Users to help Retailers and other Users by sharing their experiences with other Users through reviews. This can be done by publicly submitting a text review, rating and/or photograph(s) relating to the Product purchased by the User and/or in relation to the relevant Retailer. By using this Site, you acknowledge and agree that Users may submit reviews of the Products you have advertised or sold or with respect to their experience of transacting or communicating with you.
7. DISPUTE RESOLUTION
You agree that you will directly and promptly handle disputes in relation to any transaction or interaction between you and a User including but not limited to faulty or mis-described goods, any returns or goods delivered outside of delivery timeframes.
Bezzu reserves the right, but shall have no obligation, to help Users in the unlikely event that they are unsatisfied with their purchase e.g. non-delivery or wrong description. This may require Bezzu to use your personal information to resolve the dispute. Wrong description requires Users to show a significant difference between the Product received from a Retailer and the Product listed by a Retailer. Examples include where a Product is (1) a different colour, version, size, designed or material (2) damaged or incomplete or (3) incorrect in quantity. In such circumstances, Bezzu may require you to refund the User, including postage and delivery fees.
8. RETURNING PRODUCTS
You agree to accept any Products returned by Users where permitted under applicable consumer legislation. Where applicable, you agree to give Users a refund by the same method as their original payment for Product(s) that are returned with proof of purchase in new and unused condition and, if possible, the packaging. Users are responsible for the cost of returning the Product(s) (unless the Product is faulty, not as described, etc.). You agree to provide us and Users with your contact details that may be used by Users to organise a refund or return of a Product.
9. DISCLAIMER AND LIMITATION OF LIABILITY
Bezzu provides you with the facility to advertise and sell Products to Users using the Site on an ‘as is’ basis. While we will invest in improvement and development of the the Site and take reasonable steps to make it available to all permitted users, we do not provide any warranties, guarantees or representations that it will meet your requirements. You agree that you will use the Site at your own risk and that you release us from all claims and liability to the maximum extent permitted by applicable law.
This does not affect our liability for any matter which cannot be excluded or limited under applicable law.
These Retailer Terms (as may be amended or updated by Bezzu from time to time) govern your use of the Site and our services and supersede and replace any prior agreements between you and Bezzu, whether oral or in writing. You acknowledge that in entering into these Retailer Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Site or in negotiation between us except as expressly set out in these Retailer Terms.
If we fail at any time to insist upon strict performance of any of your obligations under these Retailer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Retailer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
You may terminate your use of the Site immediately through your account on the Site at any time and we may terminate your use of the Site either immediately or on such notice as we deem, in our sole discretion, to provide to you if we become aware of any material breach of these Retailer Terms or any applicable Bezzu policy. Otherwise, we may terminate your use of the Site and services for convenience on the provision of 30 days’ advance notice.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Retailer Terms is invalid, then that provision will be removed from the Retailer Terms without affecting the rest of the Retailer Terms. The remaining provisions of the Retailer Terms will continue to be valid and enforceable.
These Retailer Terms, and your relationship with Bezzu under the Retailer Terms, shall be governed by the You and Bezzu agree to submit to the exclusive jurisdiction of the courts of Ireland to resolve any legal matter arising from the Retailer Terms.
11. FEEDBACK AND COMMENTS
Last updated on 7 May 2020.