Terms and Conditions of Use

Welcome.

Hey, welcome to Peddler! Thanks for taking a few moments to read through our terms. This page explains our terms of use or rules, if you like, and by using Peddler you're agreeing to all the rules we have set out here.

We've tried our best to make sure that the terms are not just a lot of complicated jargon by using easy to understand terminology wherever possible.

If you use our (Peddler B.V., We or Us or Peddler) website (Site) and the services that we offer (Services), then you agree that you will need to create a Peddler account (Account) to use the Services and Site and that all of the terms and conditions set out herein (Terms) apply as legally binding rules.

Products

The sale of certain products is limited or restricted. Therefore our Services and the Site may not be used for certain products. We have listed these products in the list of restricted products (access by clicking here). This list may be amended by us. You agree not to use our Services for any restricted products.

User/Retailer

You can either browse our website, you are then a User. You can also offer to sell products to Users, you are then a Retailer. As a Retailer, you need to comply with the Terms, as well as with the Retailer terms of use (access by clicking here). A Retailer also needs to open a Retailer Account before it is possible to offer products to Users.

Agreement

Agreements to purchase products from a Retailer only come into force between the User and a Retailer. We are not a party to such agreements, we only facilitate Users and Retailers to enable them to enter into such agreements.

Privacy Policy

In addition to these Terms, Peddler also has a Privacy Policy (access by clicking here) which is relevant and applicable to our use of your personal data.

Peddler B.V.

Please find below some information about Us:
The legal name of our company is:
Peddler B.V. We are a Dutch limited liability company.

Our offices are located at:
Peddler B.V.
John M. Keynesplein 12-46
1066 EP Amsterdam

E-mail address: [email protected]

We are registered with the Dutch Chamber of Commerce under number: 68237103
Our VAT number is: NL857355855B01

Changes to the terms

It's also good to mention that from time to time we may make changes to the terms but of course, you'll be the first to know if we do this. We'll make the changes easy to understand. If you continue to use our website and/or services after a change, that means you're happy with the changes we've made so you can continue to be a User.

Creating an Account with us.

We'd love to live in a world full of Peddlers, but by law you need to be 18 years or older (OR the legal age as stipulated in your country of residence to be able to enter into a legally binding contract) to sign up to Peddler and make full use of all the great things you can do with an account. It's also important to mention that once you create the Peddler account, you are fully responsible for all of the activity on that account.

Anyone can browse the Site without registering, but to make the full use of Peddler's features you will need to make an Account with us by telling us your full name, email address, telephone number and creating a password. We do also offer an option to create an account via a third party sign-in (such as Facebook or Google+) so your basic information such as your full name, email address and a link to your social profile will be shared with us that way.

We can't stress enough the importance of making sure that the information you give us is totally accurate and complete. Make sure that you're not impersonating anyone (even by accident) or choosing names that are offensive in any way to other people. This rule, if broken, means we'd have to cancel your Account and we'd rather not have to do that.

So, as we already mentioned, you are responsible for all the activity on the Account and for keeping your password confidential. If you have a little inkling that someone used your Account without your permission, you should let us know as soon as possible by sending an email to [email protected]

Don't even go there.

We expect all of our Users ("your fellow Peddlers") to behave responsibly and help keep Peddler a nice place to hang out online and we think the key to keeping it that way is to not do any of these things on the site:

• Don't break any laws that you are subject to (for instance, the laws of the country of your residence). Don't do anything that might: infringe or violate other people's rights (for instance, intellectual property rights); violate the law; or breach any contract or legal tie that you have with anyone.
• Don't lie to people. Don't post information you know isn't true or is misleading or inaccurate. Don't do anything deceptive or fraudulent.
• Don't offer prohibited items including fake items. Don't offer any rewards that are illegal, or break any of Peddler's policies, rules, or guidelines, or violate any relevant laws, statutes, ordinance, or regulations
• Don't victimise anyone. Don't do anything that is threatening, abusive, harassing, defamatory, libellous, tortious, obscene, profane, or invasive of another person's privacy.
• Don't spam. Don't distribute unsolicited or unauthorised advertising or promotional material, or any junk mail, spam, or chain letters. Don't run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
• Don't harm anyone's computer. Don't distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site.
• Don't abuse other Users' personal information. When you use Peddler..
• Don't try to interfere with the proper workings of the Services.
• Don't bypass any measures we've put in place to secure the Services.
• Don't try to damage or get unauthorised access to any system, data, password, or other information, whether it belongs to Peddler or another party.
• Don't take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what's reasonable.)
• Don't use any kind of software or device (whether it's manual or automated) to "crawl" or "spider" any part of the Site.
• Don't take apart or reverse engineer any aspect of Peddler in an effort to access things like source code, underlying ideas, or algorithms.
• Don't use the brand 'Peddler', our trademark, our code or any of our materials without our express written permission.
• Any User or Merchant acting contrary to the Terms may be removed from or access may be denied to the Site/Services, or have their Account removed or suspended.

How Peddler works.

Most of our Terms explain your relationship with Peddler but in this section we explain how Peddler works and the relationship between fellow users and retailers, and who's responsible for what. This is basically what you're agreeing to when you buy product offered through Peddler.

Marketplace

Peddler is a "hyperlocal marketplace" that allows consumers to browse, search, and buy products offered by local retailers. Peddler provides retailers a courier dispatch network to deliver orders from store-to-door, creating the most convenient shopping experience for both consumers and retailers. Peddler brings local stores directly to the consumers door and provides retailers a smarter, more efficient and sustainable way to sell their products online.

Offer/Product listing

Retailers can list products for sale on the Site (Create Product listing). Retailers may only post product listings (Offers) once they have signed up as a Retailer and are verified by Peddler. A Merchant may not make an Offer that relates to restricted products.

Agreement

Any Users that buys a product Offer on Peddler will enter into an agreement with the Retailer for the products ordered by the User (Agreement). The Agreement will only be valid between an individual User and the Retailer that made the Offer. Peddler is not a party to such Agreement and has no obligations pursuant to such Agreement towards the Merchant or the User. Peddler only facilitates Users and Merchants to enter into Agreements.

• After receipt of the Order, Peddler will electronically confirm the Order to the User.
• The Agreement can only be executed by the Retailer if the User provides correct and complete contact and address information when placing the Order. The Customer is obliged to immediately report any inaccuracies in the payment data supplied or mentioned to the Retailer and/or Peddler.
• With respect to information on the status of the Order, after having placed the Order the Customer is required to be available by telephone or email (as indicated when placing the Order) for both the Retailer and Peddler.
• If the User decides to have the Order delivered, the Customer must be present at the delivery address indicated by the User in order to receive the Order at the selected date and selected time frame (delivery slot).
• If Peddler or any third-party working for Peddler delivers the Order on behalf of the Retailer, Peddler may charge delivery costs. The delivery costs are stated on the Platform at checkout before a User places an Order.
• If a User decides to collect the Order, he should be present at the selected time and collection location of the Retailer, as indicated in the confirmation email, text message or on the Peddler site.
• Upon delivery of the Order, the Retailer could ask for identification if the Order contains alcoholic products or other products with an age restriction. If the Customer cannot identify himself adequately or does not meet the minimum age requirements, the Retailer will refuse to deliver the relevant products to the User. In this case, cancellation costs may be charged.
• Peddler does not accept any liability relating to the execution of the Agreement.
• After placing the Order, the User can upon his sole discretion choose to tip a courier via the available payment methods.
• The Tip is intended for the couriers and cannot be considered as payment for services of Peddler. Peddler will thereby only act as a trustee and transferor of the tip amounts.
• Peddler will transfer the Tip to the couriers in case those are directly engaged via the Peddler site.
• After the User has received a confirmation of placing the Tip, the Tip cannot be refunded or returned.

Guidance

Peddler may provide automatic guidance to Users and Merchants alike on the Site. For instance with respect to pricing, listing, delivery and other guidance. Such guidance is solely informational and you may decide to follow it or not.

No review / no responsibility

Peddler does not review Merchants' Offers content. While We may (but have no obligation to) help facilitate the resolution of disputes through various programmes, please be aware that Peddler has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of Users' feedback/reviews; the ability of Merchants to sell certain items; the ability of Users to pay for items; or that a User or Merchant will actually complete a transaction or return an item. Please notify any problems with the Site, with (other) Users or Merchants to Us. Peddler can in certain circumstances refund an order upon the Users or Retailers request, if any of the rules are broken by either User or Retailer (see Our Rights.).

Don't spam

This includes link-bombing, promoting anything other than products listed on Peddler, sending unsolicited requests in the discussion facility, hyping third-party services, and using email lists from outside sources, to name a few. The comment and messaging systems on Peddler are here so people can communicate, ask questions, and form groups to buy a product — not for spam.

Don't be inappropriate

Conversation is key to the smooth running of local communities on Peddler — we encourage Users to talk to Retailers and to talk to each other, especially when they have questions. All we ask is that those conversations stay honest and considerate. Don't communicate with obscene, hateful, or objectionable messages or content.. Don't post personal information. Don't post copyrighted content without permission. If you don't like a product or an Offer then don't purchase it - it's simple. You don't need to rant about it. In a nutshell, try to respect other Users at all times (even when you're having a bad day) and the shared spaces within the site - it's actually not that hard.

We don't tolerate funny business

If something seems off or you just get a funny feeling about something, let us know. It could be nothing but we think it's always best to be on the safe side. Our integrity team reviews every report we receive, and we take action when we are notified that someone is breaking the rules. Sometimes, that just means giving someone a warning; sometimes it means revoking certain privileges or Accounts entirely.

As our communities grow and change, so will the way we evaluate and enforce these guidelines. It's up to all of us as a community to ensure that Peddler remains a safe and fun place to buy the products we want and love.

How buying works.

This section goes over the details of how buying from an Product listing/Offer works — things like what you're actually committing to when buying; how you are charged; whether purchases can be changed or cancelled; how Users can contact Retailers

Introduction

Peddler provides a marketplace where users can browse, search and buy products from local retailers in their area and get it delivered to their homes or place of work or collect the products in store..

Invitation

When a Retailer makes an Offer / creates a product listing, they're inviting Users to purchase the product offered by them. Anyone who accepts such Offer from such an Offer is purchasing the product, and is forming a legally binding Agreement with the Retailer. Peddler is not a part of or a party to the Agreement — the Agreement is a direct legal relationship between Retailer and the individual Users who have agreed to buy or reserve a product.

Offer conditions

Here are the terms that govern an Offer:

• Offer structure: Registered and Verified Merchants can make an Offer (provided that these do not concern restricted products of course).
• Setting the price: For each Offer a Merchant can set the selling and or sale discounted price.
• Buy: When you buy a product you are guaranteed the product by the Merchant at then offered price.
• Offer removal: An Offer can be removed by a Retailer at any time, however already made purchases must be fulfilled by the Retailer.
• Products: A Retailer needs to provide any Users that purchased products with the products contained in the Offer in line with the Agreement and in line with any applicable consumer protection laws that apply to the Agreement or to the User concerned.
• Taxes: For every Offer, applicable taxes will be calculated based on your shipping destination and the Retailers tax policies and settings. You can review all of these details during the checkout process.
• Delivery: Peddler will provide a courier network delivery option available (which may include an additional fee), and/or a Pickup in Store feature, which can be enabled by the Retailer on their Offers.

Buying conditions

These are the terms that apply when you're buying or reserving a product:

• When may you be charged: You may only be charged by the Merchant according to the chosen or available payment method.You'll provide your payment information and payment method when you buy;
• Binding Agreement: Once you buy ( it becomes a binding Agreement between you and the Retailer;
• Amend or cancel: Should you wish to amend, or cancel your purchase with the Retailer you can contact the Retailer directly. It is the Retailer's responsibility to act according to the guidelines of Peddler and the legal jurisdiction where the User is based;
• Payment details: In the case of some payment methods additional payment details may be requested, or re-verification of your payment details may be required. In the event that your verified payment details have changed, expired or for any other reason no longer are valid, the Merchant or Site will automatically request for you to re-enter payment details related to the purchase;
• Delivery time: The Estimated Delivery Date is an estimate and includes the time it takes to process your order ("processing time") and the delivery time of your selected delivery time slot option. Should a product not arrive within the estimated time frame once shipping has been confirmed you can contact the Peddler Customer Service Portal directly.t. Any changes to the expected arrival time can be communicated by a Retailer and or the Peddler Team;
• Tracked shipments: In most cases shipped products include tracking which is sent once the Retailer has confirmed shipment and received payment. You will receive a notification from the Retailer or the Site with a tracking URL;
• Messages: You or the Retailer may want to send each other questions about your purchase. To complete the purchase, the Retailer might need additional information from you, like missing address details. They'll request that information after the purchase has succeeded. You may also have questions to the Retailer, during or after an Offer, about the product or delivery. You can only ask Retailers questions directly once you have bought a product. Any other questions can be submitted through the Customer Service Portal or by Contacting the Retailer on their respective contact details;
• Returns: Since Peddler is not a party to the Agreement, Peddler doesn't offer refunds. Retailers may have an obligation to offer refunds where it complies with the Users legal jurisdiction or Peddler's policies. Responsibility for refunds of a product or purchase lie solely with the Retailer. Peddler can in some circumstances override and refund the User if rules are broken by the retailer or User before, during or after the transaction, this is at Peddlers sole discretion (see our rights);
• Products not delivered: If a User doesn't receive a product, the User must report that they didn't receive the item by contacting the Retailerand and/or the Peddler Customer Service team in order to mitigate the issue directly;
• Counterfeit: Offers of counterfeit products, or products in violation of the restricted product list on the Site are strictly not tolerated. If you suspect that a product is counterfeit or in violation of our restricted product policy, you should contact Peddler immediately – Peddler operates with a zero-tolerance policy on counterfeit and restricted products;

Retailer – User Messaging

The Peddler site provides Retailers and Users the ability to easily send personal messages to one another once a purchase has been made so that the User could ask the Retailer any additional questions they may have regarding the product or fulfilment. In turn, it provides the Retailer with a convenient way to contact the User with any issues (such as an unavoidable delay) that may arise. We do our best to provide messaging services as a safe and secure communications channel between Users and Retailers. The following rules must be adhered to when communicating between each other:

• Exchange of personal information through the message and email forwarding system is strongly discouraged. Most of the information communicated between Peddler Users and Retailers through the messages and email forwarding system is not monitored or regulated by Peddler. We do not take any responsibility over personal information being misused by the Users.. Additionally we request that any unsolicited advertisement be reported to Peddler without delay;
• We also don't allow Retailers or Users to exchange email addresses or links that do not directly help Retailers and Users to complete a transaction on Peddler.

Returns, refunds and disputes.

We completely understand that sometimes when you make a purchase it's not quite what you wanted, it doesn't actually work or you just don't feel the same about it anymore and all of them are genuine reasons to return an item and request a refund. Peddler and its registered Retailers recognise this, and therefore Retailers are required to (at a minimum) adopt a 14 day return policy on non-food products sold on the Site, food & beverages and tailor-made products are excluded from this. Furthermore, Users have rights protected by laws and regulations and every Retailer must abide by the laws of the destinations they ship to and from so you as a User are protected from any nasty business.

We ask all of our Retailers to handle returns, refunds and disputes attentively and with the utmost care and respect for the User's concerns.

If you're sure you'd like to return something, (and it's still within the refund period) you can contact the Retailer directly. If the Retailer fails to properly respond to your requests, then you can contact Our Customer Services facility on the Site which may try to help you resolve the issue. The Retailer is required to address your concern and provide updates on how they plan to process your refund (given that the product is eligible for a refund and meets the refund criteria). If you don't receive a response or you are not happy with the Retailer's response, the User can ask Peddler to step in and help - we always do our best to help our Users.

Stuff we don't do and aren't responsible for.

We don't oversee the creation of product images & descriptions or Retailers Offers, and we always encourage Retailers and Users to resolve any disputes between each other by arriving at a fair and amicable agreement. Peddler provides facilities to communicate such disputes although we always hope it won't come to this.

Peddler isn't responsible for any damages or losses related to or following from Agreements, or Offers. We don't become involved in disputes between Users and Retailers, or between Users and any third party relating to the use of the Services or Site. We don't endorse any content / product information, and User's use of the Services or Site is at their own risk.

Peddler is free for Users.

Peddler is free to Users, we want to help Users buy the things they love locally. We will not charge Users for use of the Services or the Site. We charge Retailers a fee for providing the Service, but that's all.

Creating an Account on the Site as a User is free. When you purchase a product on the Site pursuant to an Offer, no additional charge is made on behalf of Peddler, its partners or payment providers (but you will need to pay the Retailer for the agreed price of course).

The Retailers are charged a fee for their use of the Services and Site. Note that as a User entering into an Agreement, payment partners of Retailers may also charge the retailer a small fee for facilitating the payment between you and the Retailer. The Merchant is responsible for indicating the correct taxes applicable to your purchase within their respective accounts.

Other Websites.

Peddler may contain links to other websites. (For instance, product descriptions, User profiles, Retailer profiles and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don't control or endorse those sites. We don't allow the promotion of or linking to third party sites without our express written consent.

Intellectual Property (Retailer or User generated on Peddler)

We don't own the product content, images or any wish list content posted on Peddler. But when a retailer creates a Product listing or Offer, they're giving us the green light to re-use or copy it however we need to in order to run the Site or provide the Services, or show (other) people what's happening on the Site (marketing). We generally just use this to promote product offers and showcase on other websites to ultimately increase the community of happy Peddlers. Retailers are responsible for the content they post, and by posting they're letting us know that it's all okay to use.

Peddler doesn't own the content that you submit to us (your "Content"). But we do need certain licenses from you in order to perform our Services. When you post any content on Peddler or create an offer:

• We can use the content you've submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free,sub-licensable, transferable right to use, exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with respect to your Content on the Site or in relation to the Site or the Services (also including the right to commercialise and market the Site and Services elsewhere using your Content).
• When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
• You won't submit stuff you don't hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Peddler all the license rights outlined here).
• Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Peddler hosting of that Content.
• You promise that if we use your Content, we're not violating anyone's rights or copyrights. If Peddler or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights
• You're responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
• We're not responsible for mistakes in your content. Peddler will not be liable for any errors or omissions in any content.

Peddler's Intellectual Property.

The content on Peddler is protected in various ways. You do have the right to use it for certain personal purposes, but you can't use it for anything commercial without getting permission first.

Peddler's Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site or Services. You also agree not to change, translate, or otherwise create derivative works of the Site or Services.

If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Peddler or the relevant copyright holder. A "commercial purpose" means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

How We Deal with Infringement Issues.

We take allegations of (copyright) infringements very seriously, and we respond to notices of alleged infringements if the notices comply with the law. We'll do everything we can to protect our community. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts for repeat infringers. We do this when appropriate and at our sole discretion.

Our Rights.

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don't take these powers lightly but we only use them when we have to.

Peddler reserves these rights:

• We can make changes to the Peddler Site and Services without further notice (also during Offer periods).
• We have the right to decide who's eligible to use Peddler. We can cancel Accounts or decline to offer our Services. (Especially if you're abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Peddler in that jurisdiction.
• We have the right to cancel any Offer or to remove an Offer or Product listing or User purchase, at any time in case these Terms are not complied with, laws are violated or Peddler is affected in a negative manner.
• We have the right to reject, cancel, interrupt, remove, or suspend any Retailer Offer at any time and for any reason in case these Terms are not complied with, laws are violated or Peddler is affected in a negative manner (unless an Agreement is already in place between a Retailer and User and the applicable law would not allow us to do so).

Warranty Disclaimer.

We work really, really hard to provide you with a great service, but we can't guarantee everything will always work perfectly all the time, although that's what we're aiming for! This Site and the Services are provided as-is, without warranties. You use our Services solely at your own risk. We use due care to provide our Services, but we cannot guarantee that certain results are achieved by using the Services and the Services may not always be available or the Services may be changed. The Services are therefore provided to you "as is" and "as available" and without warranty of any kind, express or implied.

Indemnification

If you do something on Peddler that results in Peddler being sued, we'll need your help to make things right. If you do something that gets us sued, or break any of the promises you make under or pursuant to these Terms, you are responsible for that towards Us in accordance with the applicable law and where the law so requires or accepts, you will need to hold us harmless from all liabilities, claims, and expenses that arise from or relate to your use or misuse of the Site or Services

Limitation of Liability.

If something bad happens as a result of your Using Peddler, we're not liable (beyond a small amount). To the fullest extent permitted by law, in no event will Peddler, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Peddler's liability for direct damages be in excess of (in the aggregate) one hundred Euro (€100.00).

Dispute Resolution and Governing Law.

We're located in Amsterdam, and any disputes with us have to be handled by the competent court in Amsterdam under Dutch law, however, you may always submit the dispute to the court that is competent based upon the applicable law, provided you have informed us of your wish to do so ultimately one month after we have notified you of our intention to bring a dispute before the court in Amsterdam.

The rest

These are our official Terms and rules for how things work. Thank you so much for using Peddler!

These Terms and the other material referenced in them are the entire agreement between you and Peddler with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Peddler with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Peddler to exercise any right provided for in these Terms in any way won't be deemed a waiver of any other rights.