Terms & Conditions

Discovered Terms of Use – in plain English

Welcome to Discovered!

We want you to be aware of how we work and what you can expect of us. We have summarized this for you. Please read carefully!

By using the Discovered website and any services we provide you agree to our terms. This goes for all our users: buyers, sellers, browsers and any other visitors.

Our legal people wanted us to include the official stuff as well.

If you have any questions, please contact us.  

Buying

Selling

Terms of Use - the legal version

Please read these terms carefully! By using the Discovered website and any services we provide you agree to these terms. This goes for all our users: buyers, sellers, browsers and any other visitors.

Discovered is a stage

Discovered acts as a stage to allow users who comply with Discovered's policies to offer, sell and buy certain goods within a fixed-price format. Except for orders using iDeal as payment, Discovered is not directly involved in the transaction between buyers and sellers. As a result, Discovered has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Discovered cannot ensure that a buyer or seller will actually complete a transaction.

Except for iDeal transactions, Discovered does not transfer legal ownership of items from the seller to the buyer. 

Discovered cannot guarantee the true identity, age, and nationality of a user. Discovered encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Discovered is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Discovered. You use the Discovered service at your own risk.

Joining Discovered

Age: Discovered's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Discovered may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Discovered's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Discovered's policies as stated in the Agreement and the Discovered policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Discovered, each of which is incorporated herein by reference and each of which may be updated by Discovered from time to time without notice to you.

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Discovered from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Discovered of any unauthorized use of your password or any breach of security. You also agree that Discovered cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Discovered without Discovered's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Discovered you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your Discovered account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. 

Right to Refuse Service: Discovered's services are not available to temporarily or indefinitely suspended Discovered members. Discovered reserves the right, in Discovered's sole discretion, to cancel unconfirmed or inactive accounts. Discovered reserves the right to refuse service to anyone, for any reason, at any time.

Fees and Billing

Joining and setting up a shop on Discovered is free. Discovered charges a percentage of the sale price when the item sells (currently 15%). Changes to the Fees Policy and the fees for Discovered's services are effective after Discovered provides you with at least fourteen (14) days' notice by posting the changes on the Site. Discovered may, at Discovered's sole discretion, change some or all of Discovered's services at any time. In the event Discovered introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Euro’s.

In certain situations, including but not limited to a void or invalid transaction, Discovered may issue a credit for the applicable fees to a seller's billing statement.

You are responsible for paying all fees and applicable taxes associated with using Discovered. Discovered automatically deducts the fee from the selling price and sends you an invoice by email and make the invoice available in your personal profile section on the website.

Fees and Termination: If Discovered terminates a listing or your account, if you close your account, or if the payment of your Discovered fees cannot be completed for any reason, you remain obligated to pay Discovered for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). 

Listing and Selling

Listing Description: All listings on Discovered must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Discovered's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Discovered shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Discovered shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Discovered's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Discovered reserves the right to request that a seller modify a shop policy.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Discovered transaction fees, misrepresent the item's location, or use another user's account without permission.

What you cannot do or sell

You are solely responsible for your conduct and activities on and regarding to Discovered and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Discovered.

Restricted Activities: Your Content and your use of Discovered shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Discovered staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  6. Interfere with a seller’s business or shop
  7. Take any action that may undermine online reviews or feedback
  8. Be obscene or contain child pornography
  9. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  10. Host images not part of a listing
  11. Modify, adapt or hack Discovered or modify another website so as to falsely imply that it is associated with Discovered;
  12. Appear to create liability for Discovered or cause Discovered to lose (in whole or in part) the services of Discovered's ISPs or other suppliers
  13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Discovered.

Furthermore, you may not list any item on Discovered (or consummate any transaction that was initiated using Discovered's service) that, by paying to Discovered the listing fee or the final value fee, could cause Discovered to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: Discovered does not claim ownership rights in your Content. You grant Discovered a license solely to enable Discovered to use any information or Content you supply Discovered with, so that Discovered is not violating any rights you might have in that Content. You grant Discovered a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Discovered to store or re-format your Content on Discovered and display your Content on Discovered in any way as Discovered chooses. Discovered will only use personal information in accordance with Discovered's terms.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Discovered user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Discovered-related communications. Discovered has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Discovered user to your email or physical mail list.

Re-Posting Content: By posting Content on Discovered, it is possible for an outside website or a third party to re-post that Content. You agree to hold Discovered harmless for any dispute concerning this use. If you choose to display your own Discovered-hosted image on another website, the image must provide a link back to its listing page on Discovered.

Idea Submissions: Discovered considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Discovered shall not be liable for the disclosure or use of such Material. If, at Discovered's request, any member sends Material to improve the site (for example through the Forums or to customer support), Discovered will also consider that Material to be non-confidential and non-proprietary and Discovered will not be liable for use or disclosure of the Material. Any communication by you to Discovered is subject to this Agreement. You hereby grant and agree to grant Discovered, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, documentation, or any product or service, without compensation or accounting to you and without further recourse by you. 

Information Control

Discovered does not control the Content provided by users that is made available on Discovered. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Discovered, you agree to accept such risks and that Discovered (and Discovered's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Discovered. Please use caution, common sense, and practice safe buying and selling when using Discovered.

Other Resources: Discovered is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Discovered does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Discovered shall not be responsible or liable, directly or indirectly, for any damage or loss 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 or through any such websites or resources. 

Resolution of Disputes

Disputes with Discovered: Any dispute or claim arising out of or relating to these Terms and Conditions or Discovered services shall be settled by an arbitration tribunal designated by Discovered. The arbitration shall be conducted in the Netherlands.

These Terms and Conditions shall be governed in all respects by Dutch law as if the contract was wholly entered into and wholly performed within the Netherlands. The parties hereby submit to the exclusive jurisdiction of the Dutch courts.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Discovered encourages you to first contact the user or third party to resolve the dispute amicably. When you cannot reach a satisfactory solution with the user or third party and/or when you have difficulties reaching them, Discovered will work with all parties involved to do the same. Repeated disputes from a single user will lead to Discovered permanently suspending the service for that user. We will solve complaints made within 180 days after the purchase date, either by making sure the desired product arrives in the state you want it, or by issuing a refund.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.  

You release Discovered (and Discovered's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

Intellectual Property: Discovered graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Discovered in the European Union and/or other countries. Discovered's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Breach: Without limiting any other remedies, Discovered may, without notice, and without refunding any fees, delay or immediately remove Content, warn Discovered's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Discovered suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; Discovered is unable to verify or authenticate any of your personal information or Content; or Discovered believes that a user is acting inconsistently with the letter or spirit of Discovered's policies, has engaged in improper or fraudulent activity in connection with Discovered or the actions may cause legal liability or financial loss to Discovered's users or to Discovered.

Privacy: Except as provided in Discovered's here Discovered will not sell or disclose your personal information to third parties without your explicit consent. Discovered stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty: Discovered does not warrant that (i) the Discovered platform will meet your specific requirements, (ii) the Discovered platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Discovered platform will be accurate or reliable, (iv) the quality of any products, information, or other material purchased or obtained by you through the Discovered platform will meet your expectations, and (v) any errors in the Discovered platform will be corrected.

You expressly understand and agree that Discovered shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ‘ Discovered’ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Discovered platform; (ii) the cost of procurement of substitute goods and Discovered platforms resulting from any goods, data, information or Discovered platforms purchased or obtained or messages received or transactions entered into through or from the Discovered platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Discovered platform; (v) or any other matter relating to the Discovered platform.

The failure of Discovered to exercise or enforce any right or provision of the Terms of Discovered platform shall not constitute a waiver of such right or provision. The Terms of Discovered platform constitutes the entire agreement between you and Discovered and govern your use of the Discovered platform, superseding any prior agreements between you and Discovered (including, but not limited to, any prior versions of the Terms of Discovered platform).

Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Discovered service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Discovered's net income).

No Agency: You and Discovered are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Discovered Service: Discovered reserves the right to modify or terminate the Discovered service for any reason, without notice, at any time. Discovered reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Discovered makes a material change Discovered will notify you here, by email, by means of a notice on our home page, or other places Discovered deems appropriate. What constitutes a "material change" will be determined at Discovered's sole discretion, in good faith, and using common sense and reasonable judgment.

Discovered
Pannenkoekstraat 100
3011LL Rotterdam, Netherlands

Date: February 20, 2015

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