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Terms & Conditions
1. General Provisions
1.1. The following Terms & Conditions together with any other rules and instructions (collectively “Conditions”) posted on www.elvogue.com (our Site - we might also refer to ourselves as elvogue.com, we, us and our), including the Privacy and Cookie Policy, apply every time you access our Site, regardless of whether or not you purchase products or are selling your products on our Site or come to our Site for any other purpose. As well if you have registered to our Site as a user or subscribed to our newsletter. elvogue.com users are all registered sellers and buyers, buyers who are quests and all other persons visiting or in any way using elvogue.com.
1.2. Please read these Conditions carefully before selling products or placing any orders on our Site. By accessing, browsing, or otherwise using elvogue.com, you agree that you have read, fully understood and agree to be bound by these Conditions and to comply with all applicable laws and regulations as they exist and apply to elvogue.com and its operation- all those above mentioned rules, instructions, laws and regulations may change over time.
1.3. We recommend users to keep a copy of the Conditions for future reference but please hold in mind that elvogue.com may modify the Conditions on our Site time to time. The new Conditions shall be effective as of the date of publication on our Site. Please read the Conditions and check back often. If users do not agree to any change on the Conditions, then they must immediately stop using our Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
1.4. elvogue.com is a trading name of Elvogue OÜ, a company registered in Estonia under registration number 12940547. Our registered address is Uusmaa tee 17/1-13, Peetri, Rae 75312, Estonia and our e-mail is hello@elvogue.com. Elvogue OÜ operates as international online marketplace for second-hand designer fashion and accessories under the elvogue.com brand. We provide to our users with a platform where to sell and buy new and pre-owned fashion items.
1.5. At the moment elvogue.com services are only available in European Union countries.
2. Our Business Policy
2.1. elvogue.com is a marketplace that allows users to sell and buy fashion items in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. elvogue.com is not a traditional auctioneer.
2.2. elvogue.com is intended as a platform to allow individuals to purchase and sell fashion items. elvogue.com facilitates these transactions, but while its officers, directors, employees and agents may participate on elvogue.com, the company does not engage in principal transactions. As a result, elvogue.com has no control over and does not represent or guarantee:2.2.1. the existence, quality, safety and/or legality of the items on sale or user information posted;2.2.2. the truthfulness, accuracy or reliability of the listings and/or users ‘content;2.2.3. the ability of a seller to sell and ship any item;2.2.4. the ability of buyers to pay for items; or2.2.5. any party's (as seller or buyer) ability to complete a transaction and/or return the item.
2.3. elvogue.com does not endorse any opinions expressed by users on elvogue.com. In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. Because authentication of the person on the Internet is difficult, elvogue.com cannot and does not confirm that each user is who they claim to be. The user assumes all risks associated with dealing with other users and/or others with whom you come into contact through elvogue.com. Users also acknowledge that any reliance on any material posted by other users on elvogue.com platform will be at your own risk. In the event that you have a dispute with one or more users, you and all related parties release elvogue.com (and its officers, directors, employees, agents and other related parties) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
2.4. elvogue.com will have the right (but not the obligation), at its sole discretion, to monitor elvogue.com and/or to modify or delete any material that it deems to violate these Conditions.
2.5. These Conditions do not regulate the supply of services or the sale of products performed by third parties that are on elvogue.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions and privacy policy. Under no circumstances shall elvogue.com be deemed liable for the supply of services provided by third parties or for the execution of transactions between users of elvogue.com and third parties;
2.6. Although elvogue.com may provide pricing, shipping, listing and other guidance, such guidance is solely informational, and users may decide to follow it or not.
3. Using elvogue.com platform
3.1. In connection with using or accessing elvogue.com in any way it is prohibited to:
3.1.1. upload, post or transmit to a distributor or otherwise permit or publish through elvogue.com any information or materials which may inhibit the utilization and use of elvogue.com, which may be false, inaccurate, misleading, deceitful, unlawful, infringing, abusive, harassing, libellous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute as any criminal offence or give rise to civil liability;
3.1.2. breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
3.1.3. use elvogue.com if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using elvogue.com platform, services, applications or tools. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians, who must be at least 18 themselves. If you do not qualify, please do not use elvogue.com platform. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention;
3.1.4. use elvogue.com to promote your business or artistic enterprise or for other commercial use other than to promote by the seller the products the seller has listed to be sold on elvogue.com;
3.1.5. fail to pay for items purchased by you, unless you have a valid reason as set out in elvogue.com Conditions;
3.1.6. fail to ship items sold by you, unless you have a valid reason as set out in an elvogue.com Conditions;
3.1.7. sell any items that are counterfeit and not an authentic designer items;
3.1.8. manipulate the price of any item or interfere with any other user's listings;
3.1.9. take any action that may undermine the feedback or ratings systems;
3.1.10. transfer your elvogue.com account (including Feedback) and user ID to another party without elvogue.com explicit written consent;
3.1.11. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
3.1.12. distribute and/or upload viruses or any other technologies that may harm elvogue.com and/or users interests and/or property;
3.1.13. use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access elvogue.com platform for any purpose, except with the prior express permission of elvogue.com;
3.1.14. interfere with the working of elvogue.com, or impose an unreasonable or disproportionately large load on our infrastructure;
3.1.15. export or re-export any elvogue.com application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
3.1.16. infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to elvogue.com. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to elvogue.com or someone else;
3.1.17. infringe any Intellectual Property Rights that belong to third parties affected by your use of elvogue.com or post content that does not belong to you;
3.1.18. commercialize any elvogue.com application or any information or software associated with such application, except with the prior express permission of elvogue.com;
3.1.19. harvest or otherwise collect information about elvogue.com platform users without their consent;
3.1.20. engage in fraudulent activity including without limitation, as seller, failure to ship an item after acceptance of a transaction or ship the wrong item and as buyer, claiming non-delivery of an item that has been received or claim to receive a wrong item even if the item was the correct one that was purchased.
3.2. You agree that you will be personally responsible for your use of our Site and for all of your communication and activity on and pursuant to our Site. If we believe you are abusing elvogue.com and/or our services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account and access to our services, delay or remove hosted content on elvogue.com, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using elvogue.com.
3.3. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and elvogue.com as a result of the Conditions or your use of our Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of elvogue.com, and we shall not be liable for any representation, act, or commission on your part.
3.4. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue elvogue.com services for any reason. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion without any prior notice.
3.5. If we believe you are violating Conditions on offers to buy or sell outside of elvogue.com platform to elvogue.com users, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of elvogue.com platform, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
3.6. In order to use elvogue.com platform, you will be required to provide your personal details. In particular, you must provide your real name, address, telephone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct and you confirm that you are the person referred to in the information provided.
3.7. These Conditions are binding upon you, your heirs, executors, beneficiaries, successors and assigns and supersedes any prior agreements. You may not assign your rights and obligations hereunder to any other party without our prior written consent, which consent is subject to our sole discretion. elvogue.com may assign our rights and obligations under Conditions to any affiliate, successor or any other person or persons related to elvogue.com upon notice thereof to you.
3.8. By listing an item for sale at elvogue.com platform, the seller expressly authorize elvogue.com to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to make a transaction to your bank account after successful sale of an item. The seller agrees that in order to receive the money from sold items to sellers’ bank account, he or she must provide elvogue.com with his or her bank account number and a copy of identification card or passport where the account holders name and name on the identification document match. More information regarding money transfer to your bank account can be found HERE.
3.9. Our Site is available only to buyers who have been issued a valid credit/debit card by a bank or service provider acceptable to elvogue.com, whose applications are acceptable to elvogue.com and who have authorized elvogue.com to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase and shipping cost.
3.10. By making an offer to purchase merchandise the buyer expressly authorize us to perform credit checks and where elvogue.com feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
3.11. Furthermore, our users agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference and/or fraud prevention agency, which may keep a record of that information.
3.12. Upon acceptance by you of these Conditions, and the acceptance by elvogue.com of your account, you shall be granted a non-exclusive, non-transferable limited right to access and use elvogue.com and the materials thereon, provided that you continue to comply with our Conditions which may be updated from time to time without notice to you.
4. Conditions Enforcement
4.1. When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our rules (Conditions, rules, instructions and policies). We may choose to be more lenient with rules enforcement in an effort to do the right thing for both buyers and sellers.
5. Registration at elvogue.com platform
5.1. To use some of our features made available to you on our Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects, you also need to provide a copy or picture of your personal identification document and keep the information up-to-date. We may change registration requirements from time to time;
5.2. We reserve the right to remove or refuse any user name or Seller Shop title. You will not solicit login information from somebody else, access an account belonging to someone else or do anything that may jeopardize the security of your account.
5.3. You are responsible for maintaining the confidentiality of any account information (including any password) you are given to access elvogue.com, and are fully responsible for all activities conducted by your account.
5.4. You agree to notify elvogue.com immediately of any unauthorized use of your account.
5.5. No charges apply to the registration of an account, and there is no obligation to purchase or sell on our Site.
5.6. Only registered users are authorized to use their account by way of an email address and the password created when they registered on our Site. This information, for which users are responsible, is required every time a browsing session is opened and must not be disclosed by users to any third party or be used by a third party.
5.7. The account password you provide should be unique and kept secure, and you must notify elvogue.com immediately of any breach of security or unauthorized use of your account.
5.8. elvogue.com is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. However, elvogue.com will not be liable for any inaccuracy or any other error in connection with your account.
5.9. Users undertake not to create or use any additional accounts other than that initially created by them, whether under their own identity or the identity of a third party. Users undertake not to use a pseudonym that is liable to infringe third-party rights. Users are informed that, in the event they choose a pseudonym that is defamatory, harmful, threatening, vulgar, obscene, hateful, discriminatory or otherwise reprehensible or infringes an intellectual property right, elvogue.com reserves the right to ask the user to change it by choosing an acceptable pseudonym and, if necessary, close the user account.
5.10. Users must be adults holding legal capacity and have full legal capacity to make a sale or purchase;
5.11. Please read our Privacy and Cookie Policy for information about how we use your data;
6. Selling items @ elvogue.com
6.1. All items listed for sale on elvogue.com must be original designer items. It is prohibited to sell replicas and not authentic items at elvogue.com.
6.2. All items listed for sale on elvogue.com must be clean and free from defects, unless expressively stated otherwise on the listing description. In a case where the item on sale is with a defect or has rips or stains, there must be photos which fully illustrate the defects, rips or/and stains.
6.3. The Seller must not reveal personal contact information in the item’s comments or item description.
6.4. Users are prohibited from and will hold elvogue.com harmless against any claim in such respect from using any third-party photographs of Items, if it is not the owner thereof, without the express written authorization of their owner.
6.5. Once you have posted an item for sale at elvogue.com, you agree to be bound by the conditions of the sale, including, without limitation, the description and any other terms you included in the item's listing. In the event you discover that an item is no longer in compliance with its listing, or with these Conditions, you will immediately amend the listing to ensure that it complies with all of the aforementioned, and in cases where this cannot be done, you will deactivate or delete the item from elvogue.com listing.
6.6. If the item has already been sold by you, you will advise elvogue.com to notify the other party who has acquired the item (the buyer) of such non-compliance. You will remain legally and solely responsible for the item, until the buyer has either revoked the sale prior to shipment, or after the buyer has received the item, and has determined to accept it; whichever happens later.
6.7. In this respect, adding a listing, users expressly authorize elvogue.com and all its successors and assigns: to affix, save, reproduce, broadcast and use all the information contained in the item listing and the Seller Shop Profile, including their Seller Shop Profile images and/or photographs of Items, and/or post an unlimited number of comments free of charge and on a worldwide basis, for an unlimited period of time, in any format, through any means and on any media, particularly on the Website and on sales documents such as “Alerts” and “Newsletters”, as well as on the partner websites of elvogue.com;
6.8. After a successful sale has taken place, the buyer has received the item and the buyer hasn’t submitted a challenge on time, elvogue.com will transfer the money for the items sold to the seller upon receipt of such request from the seller. The seller can submit the request to elvogue.com by logging in to user account and clicking under "Money Earned" section to the box "Make a Withdrawal". The request can be submitted only from user account under “Money Earned” section. elvogue.com will not make a pay-out to sellers who request money by sending an e-mail or other ways contacting elvogue.com, other than through user account “Make a Withdrawal” box. More information about collecting money can be found HERE.
6.9. elvogue.com reserves the right, at its sole discretion, to determine the national postage price for Estonian sellers when the buyer chooses Omniva or Smartpost parcel service. The shipping price of the parcel shall be determined according to the size M of a drawer and the respective price list of the service provider.
7. Product Listing conditions
7.1. When listing an item on elvogue.com platform, you agree to comply:
7.1.1. You are responsible for the accuracy and content of the listing and item offered;
7.1.2. You are legally authorized to sell the item;
7.1.3. Your listing may not be immediately searchable by keyword or category for several hours (or up to 72 hours in some circumstances). elvogue.com can't guarantee exact listing durations;
7.1.4. Content that violates any of elvogue.com rules may be modified or deleted at elvogue.com’s discretion;
7.1.5. We may revise product data associated with listings to supplement, remove, or correct information;
7.1.6. All listings must be limited to text containing an accurate description of the item. Text or other content that is not related to the item is not permitted.
7.1.7. All listings must have up to 3 pictures of the item. Upload only pictures to which you own the copyright and it is prohibited to share any offensive material, i.e. nudity, violence or explicit photos among other offensive photos.
7.1.8. Users undertake to solely upload to their Item listing real and genuine content and unmodified photographs (except for cropping), for which they own the rights of reproduction, distribution and use.
7.1.9. elvogue.com has the right to modify the pictures of the Items, in their presentation, such as resizing and cropping the pictures and “silhouetting” the Items, i.e., removing the background of the pictures;
7.1.10. elvogue.com has the right to modify all texts and titles relating to the listing, including user-to-user communication, and translate them into other languages and/or supplement the listing by any other method at the sole discretion of elvogue.com. The accuracy and availability of any translations are not guaranteed ;
7.1.11. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
7.1.12. Meta Tags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results;
7.1.13. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings;
7.1.14. elvogue.com reserves the right, at its sole discretion to use or refuse to use the pictures posted by the users, without the latter being entitled to claim compensation for any damage or loss of the chance to sell or purchase an Item. This authorization is granted for as long as the user has an account and/or Profile Information on our Site;
7.1.15. elvogue.com may, at its sole discretion, reject the item listing at any reason.
7.1.16. All items listed must be in material compliance with the listing description. User is solely responsible for any items posted to the user account and/or shipped by the user. You acknowledge that elvogue.com may limit the maximum number of days that an item or any other content will be retained on elvogue.com. You agree that elvogue.com has no responsibility or liability for the deletion of, or failure to store any item or other content on elvogue.com;
7.1.17. The location of the item in the listing is the country indicated by the seller upon registration on elvogue.com. If the location of the item is not the country indicated on the registration form by the seller, the seller must change the address on the user account under "Sellers’ Shipping Address" page. It is seller’s sole responsibility to add the correct country for the shipping fee to be calculated correctly. All liabilities lie on the seller.
7.1.18. Supplement and modify the listing in any other way at sole discretion of elvogue.com.
8. Pricing Policy
8.1. Prices shown on our Site are in Euros and are exclusive of VAT.
8.2. If you are a user whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
8.3. All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on our Site at the time the order is accepted will be honoured, except in cases of patent error.
8.4. elvogue.com is not liable, if the price on items “price drop notifications” and the price of the item on elvogue.com do not match. In this case contact the seller through items “comments” section and ask if the price has changed or not.
9. Price Offers
9.1. elvogue.com users have the right to make price offers to the listings.
9.2. sellers have the right to accept or decline the price offer.
9.3. The buyer is not obliged to purchase the item after the seller has accepted the price offer.
9.4. The seller has the right to reconsider any time in terms of accepting or declining the price offer, provided that it has done so prior to making the purchase by the buyer.
9.5. more information about price offers can be found HERE.
10. Buying items at elvogue.com platform
10.1. By buying an item at elvogue.com, you unconditionally accept and undertake to observe the provisions of these Conditiona. Should you not agree with certain provisions of these Conditions, please do not buy products at elvogue.com.
10.2. By buying an item at elvogue.com, you unconditionally accept that the main characteristics of products that are shown at elvogue.com product pages may not exactly correspond to the real garments in terms of image and colors due to the Internet browser or monitor used and that you have taken any precaution to ask seller any necessary information about the item and you are certain of the purchase.
10.3. The buyer is responsible for reading the full item listing before making an offer or purchase.
10.4. By buying an item, you agree and accept these Conditions as well as further conditions and instructions contained on elvogue.com, through links, including the Privacy and Cookie Policy;
10.5. elvogue.com does not transfer legal ownership of items from the seller to the buyer.
10.6. All transactions are subject to availability, and items in your shopping basket are not reserved and may be purchased by other customers.
10.7. elvogue.com will store a record of your transactions for a minimum of seven years.
10.8. As buyer, you agree that you will become the item's lawful owner upon its physical receipt. You will be solely responsible for ensuring that the item you receive substantially conforms with the item’s description, and other terms posted with the item. Once you, as buyer, have accepted a transaction, you agree to be bound by its terms and conditions including, without limitation, any terms in the item's listing.
10.9. If the received item does not conform to the description of the listing or if you doubt the authenticity of the designer item, you must inform elvogue.com about your doubts within three (3) days after receiving the item, otherwise you will not be entitled to challenge the transaction. For more information on returning an item, see the Returns and Refunds section below or HERE.
11. Prohibited items
11.1. elvogue.com is a marketplace for women’s clothing, accessories, bags and shoes. Please refrain from listing items that do not fall into these categories.
11.2. elvogue.com does not allow to sell replicas or not authentic designer items.
12. International Buying and Selling
12.1. Many of our services are accessible to international sellers and buyers. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
13. Taxes
13.1. Seller income taxes (or other taxes applicable to sellers according to their country of residence) are the sole responsibility of the seller, and elvogue.com does not admit any liability for taxes. Please consult your local tax authority for more information.
13.2. Taxes regarding purchases from other countries from the residential country of the buyer, are the sole responsibility of the buyer and elvogue.com does not admit any liability for those taxes (for example customs tax etc). We recommend you contact your local tax authority (and customs authority) to determine a possible tax prior to purchase completion.
14. Payments for Purchases
14.1. Items listed on elvogue.com must be bought on elvogue.com. It is prohibited to ask to transact and/or transact offline or online outside of elvogue.com.
14.2. Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
14.3. We accept Visa, MasterCard, Maestro and any other methods which may be clearly brought out on our Site. You can also choose to pay with PayPal. When selecting PayPal payment option at checkout, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to elvogue.com. Payment will be debited and cleared from your account upon the purchase. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to elvogue.com, we will not be liable for any delay or non-delivery.
14.4. We take reasonable care to make our Site secure. All credit/debit card transactions on our Site are processed using “Maksekeskus”, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered elvogue.com user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
14.5. To help ensure that your shopping experience is safe, simple, and secure, elvogue.com uses Secure Socket Layer (SSL) technology.
14.6. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from our Site.
14.7. elvogue.com may, at its sole and absolute discretion and without further notice, suspend the sellers and/or buyers accounts who have tried to or taken transactions outside of elvogue.com.
15. elvogue.com commission
15.1. You are required to sign up for elvogue.com platform in order to sell items on elvogue.com. Listing and making price offers on items are currently free, but we charge a commission of 15% from the sum of sale price and shipping fee to the Seller for each transaction. We will automatically deduct the amount from the Seller’s user account. The Seller can see their final balance on their user account under “money earned” section.
15.2. elvogue.com has the sole right without notice to users to lower elvogue.com commission in any form or sum for any time period at its sole discretion (for example lower commission percentage; calculate the commission only from sale price, excluding shipping fees etc.).
16. Shipping
16.1. You are required to use your best efforts to ship an item to the buyer within 72 hours after receiving the notification of the sale.
16.2. If you do not ship within 14 days after receiving the notification of the sale or if you have not submitted the tracking code of the shipment on elvogue.com platform in that time, elvogue.com has the right to cancel the sale. elvogue.com is not liable in any way and sole responsibility lies on the seller, if the seller ships the item after the sale is cancelled or if the seller has shipped the item prior to the cancellation of the sale but has not submitted the shipment tracking code on elvogue.com user account before the cancellation.
16.3. Failure to ship an item on a timely basis can result in the suspension of your access to elvogue.com.
16.4. All the items must be shipped using tracked postal service. The tracking number must be added to the purchase. For that the seller must go to the user account dashboard and choose from the right-side menue “Items I Have Sold”, choose the right transaction and under that transaction add the tracking number.
16.5. You, as the party listing the item (the seller), are solely responsible for ensuring that the item shipped is the same, and in the same condition, as that described in the listing. As Seller, you are solely responsible for any item that is not delivered.
16.6. As the buyer, and/or the seller, you acknowledge ang agree that elvogue.com is not responsible for the loss of, or damage to, any item prior to, during or after its shipment. Any disputes should be referred to elvogue.com pursuant to the Section titled " Violation of Conditions " below.
17. Promotion Codes
17.1. elvogue.com has the right to use and advertise promotional codes without informing users if the promotional codes give discounts on the products at the expense of elvogue.com commission.
17.2. elvogue.com platform users have the right to contact elvogue.com and investigate under what conditions can they apply promotional codes on their products. In cooperation with elvogue.com the user has the opportunity to give discount to their items and advertise the discount on elvogue.com according to the agreement with elvogue.com.
17.3. Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
18. Returns and Refunds
18.1. You have the right to return the item you purchased only, if:
18.1.1. the seller has agreed to it and there is explicit consent from the seller before the purchase to the buyer to return the item purchased:
18.1.1.1. in the comment section under the listing; or
18.1.1.2. in the Price Offer Details message form which is located according to the buyer’s view on the “Offers I Have Made “ page and in the sellers view on the “Manage Received Offers” page.
18.1.2. if the item purchased is not an authentic designer item; or
18.1.3. if the item purchased does not confirm in any way with the listing.
18.2. Returns and refunds if there is an agreement previous to the sale between the seller and a buyer:
18.2.1. To exercise the right to return the item and receive the refund for the item, the buyer must contact elvogue.com by email hello@elvogue.com to notify about the wish to return the item within three (3) days after receiving the item;
18.2.2. If the buyer notifies elvogue.com about the wish to return the item, timely, elvogue.com will contact the seller to make according arrangements;
18.2.3. The shipping cost is solely the buyer’s responsibility, if there is no explicit agreement between seller and a buyer stating otherwise;
18.2.4. Buyer must send the item back to the seller using postal service which enables the seller to track the item;
18.2.5. elvogue.com makes the refund to the buyer only after the seller confirms that the item is returned. The refund will be made to the same account the purchase was made. If it is not possible to refund the money automatically to the bank account the purchase was made, the buyer must provide elvogue.com his or her’s another bank account number and a copy of identification card or passport where the account holders name and name on the identification document, match;
18.2.6. If the buyer fails to notify elvogue.com within three (3) days after receiving the item about the wish to return the item, the buyer loses the right to return the item at any reason. elvogue.com can contact the seller about the return but cannot guarantee that seller accepts the item after the deadline of the notification.
18.2.7. elvogue.com has the right to give any feedback or reviews to the sellers’ and/or the buyers’ user account under user reviews if the transaction has been cancelled and/or the buyer has returned and/or wished to return the item and/or about any related situation that may occur relating to the wish to return of the item.
18.3. Returns and Refunds if the sold item is not authentic designer item or does not confirm in any way with the listing
18.3.1 Doubts that it is not an authentic designer item.
18.3.1.1. If the buyer has doubts about the authenticity of the designer item purchased, then the user must contact elvogue.com by email hello@elvogue.com to notify us about the doubts within three (3) days after receiving the item.
18.3.1.2. elvogue.com may ask the buyer to send elvogue.com an additional description of the reasons why the buyer doubts the authenticity of the item. elvogue.com may also ask the buyer to send pictures, including close-up pictures, about the parts of the item that make the buyer suspicious of the authenticity of the item.
18.3.1.3. If elvogue.com confirms the buyers doubts that the item may not be an authentic designer item, then the item is sent to elvogue.com for further investigation. All costs relating the shipping of the item to elvogue.com are solely buyers’ responsibilities. This includes shipping, customs taxes etc. costs
18.3.1.3.1. If elvogue.com confirms, that the item is not an authentic designer item, then the item is sent back to the seller. All the shipping expenses are solely the sellers responsibility and the item will be shipped back to the seller after the seller has covered all the shipping costs and all the costs the buyer made to send the item to elvogue.com to check the authenticity of the item.
18.3.1.3.2. If elvogue.com refutes the buyers’ doubts, the item is sent back to the buyer. All shipping expense are solely the buyers’ responsibility. The item is not sent back to the buyer before the buyer has not paid for the shipping cost.
18.3.1.4. elvogue.com makes the refund to the buyer only after the seller confirms that the item is returned. The refund will be made to the same account the purchase was made. If it is not possible to refund the money automatically to the bank account the purchase was made, the buyer must provide elvogue.com his or her’s another bank account number and a copy of identification card or passport where the account holders name and name on the identification document, match;
18.3.1.5. elvogue.com has the right to give any feedback or reviews to the sellers’ and/or the buyers’ user account under user reviews if the transaction has been cancelled and/or the buyer has returned and/or wished to return the item and/or about any related situation that may occur relating to the wish to return of the item.
18.3.2. The item does not confirm in any way with the listing
18.3.1.1. If the buyer believes that the item purchased does not confirm in any way with the listing, then the buyer must contact elvogue.com by email hello@elvogue.com to notify us about the opinion within three (3) days after receiving the item.
18.3.1.2. elvogue.com may ask the buyer to send elvogue.com an additional description of the reasons why the buyer believes that the item does not confirm in any way with the listing. elvogue.com may also ask the buyer to send pictures, including close-up pictures, about the parts of the item that make the buyer believe that the item does not confirm with the listing.
18.3.1.3. If elvogue.com confirms the buyers doubts that the item may not confirm with the listing, then the item is sent to elvogue.com for further investigation. All costs relating the shipping of the item to elvogue.com are solely buyers’ responsibilities. This includes shipping, customs taxes etc. costs
18.3.1.3.1. If elvogue.com confirms, that the item does not confirm with the listing, then the item is sent back to the seller. All the shipping expenses are solely the sellers responsibility and the item will be shipped back to the seller after the seller has covered all the shipping costs and all the costs the buyer made to send the item to elvogue.com.
18.3.1.3.2. If elvogue.com refutes the buyers’ opinions that the item does not confirm with the listing, the item is sent back to the buyer. All shipping expense are solely the buyers’ responsibility. The item is not sent back to the buyer before the buyer has not paid for the shipping cost.
18.3.1.4. elvogue.com makes the refund to the buyer only after the seller confirms that the item is returned. The refund will be made to the same account the purchase was made. If it is not possible to refund the money automatically to the bank account the purchase was made, the buyer must provide elvogue.com his or her’s another bank account number and a copy of identification card or passport where the account holders name and name on the identification document, match;
18.3.1.5. elvogue.com has the right to give any feedback or reviews to the sellers’ and/or the buyers’ user account under user reviews if the transaction has been cancelled and/or the buyer has returned and/or wished to return the item and/or about any related situation that may occur relating to the wish to return of the item.
19. Non-Interference to elvogue.com activities
19.1. You agree that you will not in any way interfere with the operation of elvogue.com, so as to cause actual or perceived damage to elvogue.com, the company, or any of our users. You agree therefore not to interfere by way of spamming, hacking, uploading any viruses, time-bombs or other malicious code or in any other manner to interfere with any transaction made through elvogue.com, the operation of elvogue.com by elvogue.com or the availability of elvogue.com to any individual who wishes to access any part of elvogue.com.
19.2. You will not circumvent or manipulate the fee structure or the account or billing process of elvogue.com or in any way manipulate the price or listing information of any item. You will not take any action that could compromise elvogue.com’s feedback/review system. You will not take any action that imposes an unreasonable or disproportionately large load on elvogue.com’s infrastructure. You will not use any "robot", "harvesting bot", "spider", "deep-link", "scrapers" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of elvogue.com or any Content (as defined below). You will not engage in unlawful marketing, and/or fee avoidance, which includes contacting another elvogue.com user to buy or sell an item listed on elvogue.com off elvogue.com. In the event of any such interference, or perceived interference as elvogue.com may determine at its sole discretion, elvogue.com will have the right to terminate your right to use elvogue.com and to use all legal actions available to elvogue.com against you.
20. Copyright and Intellectual Property Ownership
20.1. All information, visual interfaces, data, software, text, comments, illustrations and images, in visual or sound format, reproduced on our Site are protected by copyright, trademark law and/or patent law and on a worldwide basis. Any total or partial reproduction of the elvogue.com platform is strictly prohibited and shall be considered as an infringement of the rights of elvogue.com and its licensors, including the design and arrangement of such content, (collectively "content"), that is either owned, controlled or licensed by elvogue.com. All content on elvogue.com is protected by copyrights, trademarks and other proprietary rights, and that these rights are valid and protected in all forms existing now or hereinafter developed.
20.2. All Content is copyrighted by elvogue.com or its affiliates as a collective work under Estonian laws, and elvogue.com or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way, Content which is protected by copyright, or other proprietary right, without obtaining prior permission of the owner of the copyright or other proprietary right.
20.3. elvogue.com respects third-party intellectual property rights and prohibits users of the elvogue.com platform from submitting, uploading, posting or otherwise transmitting any material that infringes third-party intellectual property rights.
20.4. elvogue.com’s policy is to promptly respond to claims concerning an infringement of intellectual property rights and to follow up any indisputable notices of this kind of infringement. To submit a claim concerning intellectual property rights, please send your request to email address hello@elvogue.com.
20.5. elvogue.com takes considerable steps to prevent counterfeiting or the sale of potentially prohibited Items. In the event of doubt from the buyer as to the authenticity of an Item, elvogue.com reserves the right to request from the seller any and all documents certifying the authenticity of the said Item and to suspend the seller’s account until receipt of such documents. If the seller cannot guarantee the authenticity of the item, elvogue.com has the right to cancel the sale. Please read more information about returning policy in the section “Returns and Refunds”.
20.6. Any content hosted on third-party websites accessible from elvogue.com is the responsibility of those websites, and not of elvogue.com.
20.7. The users shall, in its capacity as the copyright owner of content hosted on a third-party website for which it has not authorized the use, contact the administrator of the hosting website directly to have the content removed.
20.8. The users undertake to hold elvogue.com and its directors, employees, agents and suppliers harmless from and against all claims, liability, damages, loss, costs and disbursements, including reasonable legal fees, incurred by elvogue.com and arising out of or in connection with any claim filed by a third party pertaining to the counterfeit or infringement of intellectual property rights.
21. Content on elvogue.com platform
21.1. When providing content using elvogue.com (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights you have in that content in connection with our provision, expansion, and promotion of the services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against elvogue.com;
21.2. You represent and warrant, for all such content you provide, that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize elvogue.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content posted or published by you, to enable inclusion and use of such content in the manner contemplated by elvogue.com and these Conditions. In the event you choose to make information visible to other users you understand that such users will have access to such information and that elvogue.com may not have control over what they do with such information. When you delete your content or your account, this limited license shall terminate, provided, however, you understand (i) that removed content may persist in backup copies for a reasonable period of time; and (ii) to the extent your content has been shared with others, they may not have deleted it;
21.3. elvogue.com tries to ensure that the information on our Site is accurate and complete. elvogue.com does not promise that elvogue.com’s content is accurate or error-free. elvogue.com does not promise that the functional aspects of our Site or elvogue.com ‘s content will be error free or that our Site, elvogue.com content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
21.4. The name "elvogue.com" and other elvogue.com marks, logos, designs, and phrases that we use in connection with our Site may not be used without the express written prior permission of elvogue.com.
22. Third party websites
22.1. We may include hyperlinks on our Site to websites and access to content, products and services from third parties.
22.2. elvogue.com has not reviewed all of the sites linked to our Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
22.3. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that elvogue.com is not responsible for:
22.3.1. the quality of third-party products or services, including without limitation any products and/or services recommended by elvogue.com; and
22.3.2. You agree that elvogue.com is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
23. Control over elvogue.com platform activities
23.1. elvogue.com may, at any time, at its sole discretion, modify or discontinue any or all of elvogue.com activity on a temporary or permanent basis without notice and liability to you or any other user of any of elvogue.com. We may also impose limits on certain features and services and restrict access to all or any portion of elvogue.com without notice or liability to you. elvogue.com does not endorse any submissions by users or any opinion, recommendation, or advice expressed therein, and elvogue.com expressly disclaims any and all liability in connection with users’ submissions.
24. Disclaimer
24.1. Except where expressly provided otherwise, elvogue.com, and all content, materials, information, software, products and services provided on elvogue.com, are provided on an "as is" and "as available" basis. elvogue.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. elvogue.com makes no warranty that: (A) elvogue.com will meet your requirements; (B) elvogue.com will be available on an uninterrupted, timely, secure, or error-free basis; (C) The results that may be obtained from the use of elvogue.com or any services offered through elvogue.com will be accurate or reliable; (D) The quality of any products, services, information, or other material purchased or obtained by you through elvogue.com will meet your expectations. Any use of elvogue.com and any content, materials, information or software downloaded or otherwise obtained through the use of elvogue.com is done at your own discretion and risk. elvogue.com will have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
24.2. elvogue.com reserves the right to make changes or updates to elvogue.com at any time without notice to users.
25. Limits on elvogue.com liability
25.1. To the full extent permissible under the applicable law, neither we nor our directors, employees, owners, agents, subsidiaries, affiliates, suppliers or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, lost profits, revenues or data arising out of or in connection with elvogue.com, the inability to use elvogue.com or resulting from any goods or services purchased or obtained or the non-fulfilment of such purchases or trades or for messages received or transactions entered into through elvogue.com. Your sole remedy shall be to discontinue using elvogue.com.
26. Indemnification
26.1. You, your heirs, successors and assigns hereby agree to indemnify and defend elvogue.com, its directors, employees, owners, agents, subsidiaries, affiliates, suppliers or service providers from and against any claims, actions and liabilities incurred, including all legal costs and expenses of any kind, in connection with any claim arising out of or based upon or occurring from your use of elvogue.com or arising from your alleged breach of any of your agreements, covenants, warranties, representations and obligations under the Conditions.
27. Public and Private Communications
27.1. You acknowledge that any information transmissions to and from elvogue.com platform, except information stated in the Privacy and Cookie Policy, are not confidential and you accept that we are not your fiduciary, nor are we responsible for keeping any such information confidential, nor shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to elvogue.com, its directors, employees or its agents via elvogue.com will be considered public and non-proprietary. Elvogue.com will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.
28. Violation of Conditions
28.1. If you encounter content or a user that you believe violates the Conditions, please report it to us by emailing hello@elvogue.com, providing details of the suspected violation and the posting, if applicable.
28.2. Reported Items and users will be reviewed by elvogue.com and removed from elvogue.com, at our sole discretion, within 72 hours of receiving the violation report.
28.3. elvogue.com reserves the right to suspend of terminate a user's account, or take such other action (including without limitation, legal action) or no action as elvogue.com in its sole discretion deems necessary provided: elvogue.com is not obliged to take any action and that elvogue.com will have no liability to you based on its exercise or failure to exercise such right. elvogue.com’s failure to act with respect to a breach by any user does not waive its right to act with respect to subsequent or similar breaches.
28.4. If you breach the Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Conditions.
29. Infringement of Copyright
29.1. If you believe that content residing on or accessible through elvogue.com infringes your copyright, please send promptly a notice of copyright infringement by email to hello@elvogue.com or contact us HERE.
30. Privacy
30.1. You will find information on how we process your personal data by reading our Privacy and Cookie Policy;
30.2. For further information on our Privacy and Cookie Policy you can contact us at hello@elvogue.com or contact us HERE.
31. Applicable Law
31.1. If you have a complaint, please email hello@elvogue.com or write us through our contact form HERE giving full details with your full name and contact details.
31.2. The Conditions together with all our rules, instructions and policies will be governed by and construed in accordance to the laws of Republic of Estonia.
31.3. We strive to be as approachable as possible to elvogue.com users and to resolve any disputes we may have by negotiating until a mutually satisfactory solution is found. If no solution is found, the courts of the Republic of Estonia shall have sole jurisdiction to resolve all disputes.
32. Headings
32.1. Headings used in these Conditions are for readers convenience only and are not to be relied upon.
33. Void or Unenforceable Provision
33.1. In the event that any provision of the Conditions shall be held to be void or unenforceable by reason of the applicable law, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the balance of the provisions of the Conditions, which Conditions shall continue in full force and effect.
Last updated August 25th 2019