terms and conditions
Zwoice sarl-s: the company owning and running the Zwoice zero waste online marketplace. May also be referred to as Zwoice, company, we, our, ours, us.
Services: the services provided by Zwoice sarl-s. May also be referred to as platform.
Users: visitors, guests, buyers, sellers and account holders of the services provided by Zwoice sarl-s. May also be referred to as buyer, you, your, yourself.
Buyers: users who purchase items on Zwoice.
Sellers: users who own a seller account and sell items on Zwoice.
Products: items, goods, listings sold on Zwoice. May also be referred to as items, goods, listings.
These terms and conditions explain the rules governing the access to and use of our services. They are a legally binding agreement between you and us. Please read them carefully, as they contain important information about your legal rights and responsibilities. By accessing or using any of our services, you agree to the full and unconditional acceptance of these terms and conditions and commit to comply with them and be bound by them.
The authentic language of this agreement and all associated documentation is English and any translations provided are for convenience only. In the event of any conflict or difference in interpretation between the English language version of this agreement and associated documentation and any translation of them, the English language version and interpretation will prevail. You agree we may communicate with you in English during the term of this agreement.
These terms and conditions or the use of our services do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Zwoice. Nor do they and are not intended to confer any rights or remedies upon any person other than the parties.
Please note that the access to or use of certain areas and features of the Zwoice services may be subject to additional policies and terms and conditions. If there is a conflict between these terms and conditions and those applicable to a specific area or feature of our services, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
Zwoice, as the provider of the services, is an online marketplace on which products, complying with these terms and conditions, as well as current laws and regulations, can be offered for sale, sold or purchased by users. To this aim, Zwoice offers its users registered as sellers the possibility to list and sell their products through a virtual shop, personal to each seller, proposes tools for sellers that allow them to showcase their products, as well as tools that allow users to communicate with each other.
Zwoice does not own, create, sell, resell, offer, control, manage, deliver, or supply any products. Accordingly, when users make or accept a purchase, they are entering into an agreement directly with each other. We are not a party to any contractual relationship between users, nor the insurer, nor do we assume any responsibility arising out of or in connection with it. Zwoice is not acting as an agent in any capacity for any user or third party. Sellers are responsible for the sale of their products, as well as the services related to their delivery, such as dealing with any buyer claims or any other issue arising out of or in connection with the agreement between the buyer and the seller.
The services are not intended for and should not be used by anyone under the age of 18. You must be at least 18 years old and able to enter into legally binding agreements to access and use our services or register a Zwoice account. By accessing or using our services you represent and warrant that you are 18 or older, are the intended recipient of the services and have the legal capacity and authority to enter into a contract. You may not access or use our services for any purpose if either of the representations in the preceding sentence is not true.
Each user has an obligation to interact in good faith and respectfully with Zwoice as well as other users and to comply with all laws regarding online conduct and acceptable content. We may review conduct for compliance purposes, but we have no obligation to do so. We are thus not responsible for the content of any user data or the way users choose to use the services.
We may make access to and use of the Zwoice services, or certain areas or features of it, subject to additional conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or a user’s purchasing and cancellation history.
We do not assume any responsibility for the confirmation of any user’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:
- Ask users to provide a form of government identification or other information;
- Undertake additional checks designed to help verify the identities or backgrounds of users;
- Obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of such checks in your local jurisdiction.
To become a seller, you need to own a Zwoice user account, complete an additional registration process, as part of which you provide us with your or your business' legal name, address, phone number and email address, bank and tax details and last but not least acknowledge, accept and commit to all Zwoice seller related requirements.
Our terms and conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and reside in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. Hence, we both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in Luxembourg or in the EU country in which you live. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the courts of the district of Luxembourg City.
As our business evolves, we reserve the right to change or update these terms and conditions at any time. If we make a material change, we will provide you with reasonable notice prior to the change taking effect either by posting the revised terms and conditions through the services and updating the last updated date or by emailing the email address associated with your account. Any material revisions to these terms and conditions will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change.
You are responsible for reviewing and becoming familiar with any changes. If you access or use our services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
You will be subject to the terms and conditions in force at the time that you use our services.
These terms and conditions constitute the entire agreement between you and us and supersede any and all prior oral or written understandings, agreements, proposals or representations between Zwoice and you in relation to the access and use of the services.
The most recent terms and conditions, published on our website will survive any termination or expiration of the agreement.
They will be enforced to the fullest extent permitted under applicable law. If any part of the terms and conditions is held to be invalid, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Our failure to take action or enforce any part of the terms and conditions will not constitute a waiver of our right, remedy or provision to later enforce that or any other part of the terms and conditions. We may without restriction assign, transfer or delegate any of our rights and obligations under the terms and conditions, at our sole discretion.
You may not assign, transfer or delegate this agreement and your rights and obligations hereunder without Zwoice's prior written consent.
No waiver will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
In any action or proceeding to enforce rights under the terms and conditions, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
When you use our services, you are trusting us with your information. In our capacity as a data controller, we are responsible for collecting, processing and protecting your personal data in relation to our services and we commit to do so complying with the legal provisions in force.
You may need to create an account with Zwoice to use certain services.
Each user shall only create and use one account. Each additional account created without our approval will result in a termination of the accounts.
If you are registering as a business or a legal entity, you personally represent and guarantee that you have the authority to legally bind that entity, agree to the terms and conditions and grant us all permissions and licenses provided in these terms and conditions on behalf of the business. Also, you may not assign or otherwise transfer your account to another party.
Each user and seller with an account commits to provide exact, accurate, complete and updated information about themselves, and keep it updated at all times. It is not allowed to use false information or impersonate Zwoice, another person or company through your account or shop. Each user is solely responsible for consequences of providing incorrect, misleading or outdated information both to Zwoice or another user. You are thus responsible for ensuring that the details you provided are correct and complete, and for informing all involved parties of any changes to the information you have provided.
You can register a Zwoice account using your full name, email address and choosing a password, or through your account with certain third party social networking services, for example Facebook, Google or Twitter.
Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights or otherwise violates these terms and conditions. Furthermore, a user is not allowed to register as a first or last name a URL link or part of it, address or another domain leading to another website. In case of litigation between users, Zwoice reserves the right to ask a user who did not comply with the above-mentioned rules to change their first and last name within a given delay. In case of non-compliance with the request, we reserve the right to terminate this agreement.
Login credentials are strictly personal and each user commits and is responsible for keeping them secure and confidential. Protect your account and do not disclose your credentials to any third party. A signed in user is the only one authorised to use the services and each user commits not to allow anyone else access the account with his/her identifiers. The use of a user’s email address with its corresponding password assumes the access and usage of the services by this user. You are responsible for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password.
We will not be held liable for any damages, losses or liability to user, or anyone else, if such information is not kept confidential by user, or if such information is correctly provided by an unauthorized third party logging into and accessing the services.
You must immediately notify us through our contact form, choosing “Account” in the drop down menu, if you know or have any reason to believe that your credentials have been known to anyone else, lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Zwoice account.
Zwoice rewards program is a way in which we reward and thank our loyal customers and offer them the opportunity to earn and redeem points, at our sole discretion.
Participation is automatic, upon a creation of a Zwoice user account and subject to all present and future terms and conditions.
The Zwoice rewards program allows customers to collect reward points through a successful referral or through placing an order on Zwoice, excluding shipping charges. We may also, at our sole discretion, provide additional points in connection with certain transactions and promotions.
Our customers may also unlock program loyalty tiers. Once you unlock a tier, you may be eligible for certain benefits applicable to that tier, which may change from time to time and may be offered on a limited basis.
We reserve the right, at any time in our sole discretion and without notice to you, to change tiers and/or rewards, how you earn reward points and reach each tier, and how we evaluate and reward your eligible purchases and/or other program actions. We further reserve the right to place limits on the number of participants, purchases or actions that are eligible for the program and/or any applicable tier, and/or the number or types of rewards you may receive or earn in any applicable tier, in a given time period or for the duration of the program, and/or any combination thereof.
Qualifying purchases and actions, as reflected in our records, shall be deemed correct, and we reserve the right to determine the qualification for any transaction and to correct or modify the reward points at any time based on our records and calculation of account information.
In order for your purchase or action to qualify for points, you must be logged into your Zwoice user account prior to making a purchase or taking a qualifying rewards program action.
Points are considered earned and available for redemption once the purchase or qualifying action has been completed, all charges have been fully paid, and the points have been added to your account.
Redemption options are subject to change from time to time without notice in our sole discretion.
You need to be logged in to your Zwoice user account and it needs to contain a minimum of 100 points in order to be able to redeem them. The number of points corresponding with your choice will then be subtracted from your Zwoice rewards account at the time the transaction is initiated and there must be a sufficient number of points in your account at that time for the transaction.
Please note that our reward points may only be redeemed for products available on Zwoice and redemption transactions may be approved or revoked, in our sole discretion.
Reward points cannot be exchanged or returned for another product or service or a monetary refund. They have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash.
Reward points may be accumulated and redeemed only for the benefit of the eligible Zwoice user. However, they do not constitute property of any user or any other person and may not be brokered, bartered, pledged, gifted, sold, exchanged, purchased, auctioned or otherwise transferred, other than by Zwoice, and any receipt or use of reward points in violation of these terms and conditions will render such reward points void. Additionally, neither accounts nor reward points may be shared or combined.
If you return items from a qualifying purchase or obtain points through fraudulent or other activity that violates our terms and conditions, the number of points originally earned from such purchase or activity will be automatically deducted from your rewards account balance.
Accumulation of reward points does not entitle users to any vested rights with respect to the rewards program. As a Zwoice user, the only right you acquire in points is the opportunity to surrender them for redemption in accordance with these terms and conditions.
Taxes on rewards may apply where required by law. You are solely responsible for any tax liability, including disclosure, related to your participation in the program, including upon receipt of points or redemption of rewards.
If you have concerns that a purchase or other action was not properly applied to your rewards account, you should contact us through our contact form and choose “Account” in the drop down menu. Your message must specify your name, address, phone number, and email address associated with your Zwoice account, the date of the purchase or action, and the issue(s) you encountered. This email must be sent within 30 days after the purchase or action took place. We will not be responsible for late notifications regarding purchases or actions not being credited to a user’s rewards account.
Termination and modification
The program and its benefits are offered at our sole discretion. We may thus cancel, amend, modify, restrict, and/or terminate any aspect or feature of the program, as well as the program itself, at any time, in our sole discretion and without prior notice or any liability to you, even if such changes may affect reward points already earned and/or the value of reward points already accumulated and/or the ability to earn and/or redeem reward points.
In addition to the above, we may, at any time in our sole discretion and without notice or any liability to you, (i) modify, suspend or terminate your membership in our rewards program; (ii) modify, suspend or terminate any of your statuses; (iii) modify, suspend, void or cancel all or a portion of your points; (iv) modify, suspend, void or cancel your redemption of points; (v) as well as further participation in the program.
We may take these actions for the convenience of Zwoice rewards program, or if there are reasonable grounds for suspecting, in our sole discretion, that (i) you have violated or are using the program in a manner inconsistent with our terms and conditions or the intent of the program or any portion of the program; (ii) you have misused or abused Zwoice rewards program; (iii) your account activity or membership status involves or results from fraud, dishonesty, theft, or other illegal or improper means; (iv) you knowingly attempt to obtain or maintain more than one Zwoice rewards account; (v) your membership or participation in Zwoice rewards program violates any applicable laws, terms or regulations; (vi) our provision of benefits under the Zwoice rewards program violates any applicable laws, terms or regulations; (vii) your reward points are not used within 12 months of their assignment; or (viii) you fail to pay any amounts due to or engage in abusive, inappropriate, offensive, or hostile conduct in connection with Zwoice, our partners, or their respective officers, directors, agents, employees or representatives.
These rights are in addition to any other remedy, which may be available to us under applicable law and we have the right to take appropriate administrative and/or legal action, including, without limitation, criminal or civil prosecution, we deem necessary in our sole discretion.
Zwoice gift cards make a wonderful gift and they are available for purchase directly and exclusively on our online marketplace Zwoice.com. They are issued and managed by Zwoice sarl-s.
Zwoice gift cards may be purchased using a credit card with a valid billing address in any EU country.
At the time of purchase, you may choose if you prefer to receive an email with the gift card details yourself, in order to print it and physically deliver it to the recipient of your choice or if you wish to send the email with the gift card details directly to the recipient of your choice.
Depending on your choice, you or the recipient of your choice will thus receive the Zwoice gift card by email, which will contain a unique code, the expiration date of the gift card and its value.
You do not need to have a Zwoice account in order to redeem a gift card. It can be applied to all purchases within the EU on Zwoice.com and you may choose to use your gift card balance in full or partially. If you decide to only use it partially, please note that you will receive an email with a new code, which will allow you to use the remaining balance of the gift card.
To redeem a gift card, its recipient will simply need to enter the unique code in the “Promo code” section at checkout.
If your order total is less than your existing gift card balance, you will receive an email with a new code, which will allow you to use the remaining balance of the gift card for future purchases. If your order total is more than your existing gift card balance, the remainder of your order total must be paid with a credit card.
Once a Zwoice gift card has been redeemed, it cannot be reloaded, resold, refunded, exchanged, used for payment outside of Zwoice.com, used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, including to facilitate the resale or shipment of goods from Zwoice.com, redeemed for more than face value, transferred for value, redeemed for cash, returned for a cash refund or transferred neither partially nor in full to another account.
By using our gift card you agree to comply with these terms and conditions, and not to use it in any manner that is misleading, deceptive, unfair, or otherwise harmful to Zwoice.com, its affiliates, or its customers. We reserve the right, without notice to you, to void gift cards without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a gift card is obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of these terms and conditions. Gift card terms and conditions are subject to change without notice.
Each Zwoice gift card expires 12 months from the date of purchase and the expiration date of the gift card is included in the email sent to the recipient along with the gift code itself and its value. After the expiration date, the recipient will no longer be able to redeem the Zwoice gift card or use its remaining balance.
Zwoice gift cards must be obtained directly and exclusively from Zwoice.com and are solely for the purchase of goods on Zwoice.com. You are solely responsible for safeguarding your gift card from unauthorized use. There are a variety of gift card scams that request payment by gift card, but Zwoice is not responsible for, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift card. Neither are we responsible for any loss or damage resulting from lost, stolen or destroyed gift cards or for their use without your permission. The risk of loss and title for gift cards pass to the purchaser upon our electronic transmission of the gift card to the purchaser or designated recipient. Keep them close; they are valuable and can be redeemed by whoever finds them. Should you receive a request for payment using a Zwoice gift card outside of Zwoice.com, please report it through our contact form.
In the event a gift card is non-functional, your sole remedy and our sole liability will be the replacement of that gift card.
Content that you create, submit, upload, post, publish, send, receive and store using our services is solely your content. We do not claim any ownership rights of your content and nothing in these terms and conditions will be deemed to restrict any rights that you may have to use or exploit your content.
You are thus solely responsible for all content you make available on or through the services, as well as for complying with all rules and regulations applicable to it. Accordingly, you represent and warrant that:
- You either are the sole and exclusive owner of all content that you make available on or through the services or you have all the rights, licenses, consents and releases that are necessary to grant to Zwoice the rights to such content;
- Neither the content nor your posting, uploading, storing, publication, submission or transmittal of the content or our use of the content, or any portion thereof, will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You also represent and warrant that as at the date that the content or material is posted:
- It is correct and accurate;
- The use of the content and material you supply does not breach any applicable laws, policies or guidelines and will not cause injury to any person or entity.
You agree to indemnify us for all claims brought by a third party against Zwoice arising out of or in connection with the content and material you supply.
To assist users who speak different languages, listings and other content may be translated, in whole or in part, into other languages. We cannot guarantee the accuracy or quality of such translations, given they may be powered by a third party, such as Google, and users are thus responsible for reviewing and verifying their accuracy. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
Licenses you grant us and other users
To promote our services and to increase the exposure of listings to potential users, user content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
By creating, submitting, uploading, posting, publishing, sending, receiving, storing, or otherwise making available any content on or through our services, you grant us an unlimited, non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and transferable, perpetual license to access, use, translate, display, copy, edit, modify, reproduce, distribute, publish, transmit, stream, broadcast, store, make available, prepare derivative works of or otherwise exploit in any manner your content to provide and/or promote Zwoice and/or the services, in any formats and through any channels, including across any Zwoice services or third party website or advertising medium.
Furthermore, you grant all Zwoice users a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, transferable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content for private, non-commercial purposes.
Items authorised for sale on Zwoice
Unauthorised content and conduct
The more suggestions our users make, the better our services become. However, please be aware that any unsolicited idea, feedback, suggestion or material regarding the services is considered non-confidential and non-proprietary to you. You grant us an unlimited, non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, transferable, perpetual license to use and publish those ideas, feedbacks, suggestions and materials for any purpose, without any obligation or compensation to you.
This section sets out the standards and rules governing the use of our services.
When you use any of our services or send emails to us, you are communicating with us electronically. We will communicate with you electronically by emailing you at the email address listed in your Zwoice account or by posting communications on our website.
Zwoice is not responsible for your failure to receive electronic communications if you failed to update your contact information.
For contractual purposes, you give your consent for Zwoice to provide you with all communications, including all legal terms, agreements, notices, disclosures applicable to your use of our services, billing statements, transaction information, tax statements and other legal documents, electronically and you agree that all communications we provide you electronically satisfy any legal requirement that such communications be in writing and has the same legal effect as if you had signed an agreement on paper, unless mandatory applicable laws specifically require a different form of communication.
Electronic communications from users to Zwoice will be deemed to have been duly given on the day being sent by email or through the services.
Due to the nature of our business, we must comply with economic sanctions and trade restrictions. This means that Zwoice or anyone using our services, regardless of their location, cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by the EU. It is up to you to familiarize yourself with these restrictions.
In order to protect our users and platform, we take steps to ensure compliance with sanctions programs. For example, we prohibit users to use their accounts while in certain geographic locations. If we have a reason to believe you are operating your account from a sanctioned location, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our services. Users are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions, since we have no way to verify when they were actually removed from the restricted location. We reserve the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this section.
In addition to complying with EU and applicable local laws, users should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.
Finally, users should be aware that third party payment processors may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programs. We have no authority or control over the independent decision making of these providers.
The economic sanctions and trade restrictions that apply to your use of the services are subject to change, so users should check sanctions resources regularly.
On Zwoice, discrimination is not allowed in any form, be it based upon race, colour, ethnicity, national origin, religion, marital status, gender, gender identity, sexual orientation, disability or any other characteristic protected under applicable law. It is your responsibility as a user to know your local laws and any other legal regulations on discrimination that might apply to you.
This section provides examples of the kind of behaviour we prohibit on Zwoice, in order to make sure people from every background feel respected.
Examples of prohibited behaviour include, but are not limited to:
- Refusal of service based on membership in one or more of the above protected groups;
- Derogatory or demeaning remarks against protected groups listed above;
- Posting of listings or statements that discourage or indicate a preference for or against any user;
- Racial slurs;
- Posts that support or glorify current or historical hate groups.
If you think discrimination has occurred on Zwoice, please report it through our contact form, choosing “Privacy, disputes & legal” in the dropdown.
When you purchase an item on Zwoice, all applicable fees, delivery charges and taxes will be presented to you in euros prior to completing the ordering process. Buyers do not incur any service fees on Zwoice.
Furthermore, on an as needed basis and upon request, our sellers will generate an invoice with the details of your purchase, including VAT. Note that in case the seller is a private person rather than a company, and VAT does not apply, the order confirmation will represent the proof of sale.
However, when sellers sell an item on Zwoice, we charge a service fee of 15% and if applicable its corresponding VAT, both calculated based on the final item price, which, if applicable, will include VAT and delivery charges. We are entitled to change the service fee at any time, in which case sellers will be notified in advance.
The service fee, all associated taxes, as well as any refunds, adjustments or other amounts due to buyers will be deducted from the sellers’ payout amounts prior to these being made available to them through their electronic wallet.
Please note that buyers must pay sellers for all ordered items in advance and by using a credit or debit card, which will thus be charged during the checkout process, when the buyer and seller enter into a formal contract for the purchase of an item. Transactions are considered complete once the payment is approved by Mangopay, our payment processing service provider.
You hereby agree to pay all fees that you owe to our sellers and commit not to or assist and/or enable others to request, accept or make any payment outside of the Zwoice services. If you do so, you acknowledge and agree that you would be in breach of these terms and conditions; accept all risks and responsibility for such payment, and hold Zwoice harmless from any liability for such payment.
Any and all payment processing services through or in connection with our services are provided by Mangopay, a third party payment processing service provider.
The use of Mangopay, requires a setup of a virtual wallet on Zwoice. A virtual wallet is an electronic money account that allows users to securely send and receive payments and hold their funds. Buyers’ are not required to take any action in regards to setting up their virtual wallet, as it will be automatically created by Mangopay upon payment for the sole purpose of holding their funds until the expiry date of their right of withdrawal. Sellers on the other hand, are required to create a virtual wallet when setting up their shop and link it to a bank account on which they wish to receive the money they gain through sales on Zwoice. Sellers may then transfer the balance available on their virtual wallet at anytime to the bank account of their choice.
By agreeing to these terms and conditions, you automatically agree to Mangopay terms and conditions that apply to processing of data collected by them for the sole purpose of processing payments on Zwoice and we shall not be liable for their acts or omissions. You will also be solely responsible for the transmission of information connected to your credit or debit card and we hereby exclude all liability to the extent permitted by law.
Additionally, each party acknowledges and agrees that under no circumstances shall a user be relieved or released of any liability in connection with any fraudulent or criminal acts committed by such user, its affiliates or their respective representatives, and nothing herein shall provide any indemnification to or release of any user committing such fraudulent or criminal acts.
Users shall not be entitled to compensation from us for any fraudulent actions generated by any person, bot, automated program or similar device in connection with any service provided by Zwoice or its users.
However, we will do our utmost to notify users of such fraudulent activity within the shortest possible delays after it has been brought to our attention.
If you are a seller you are required by law to meet your tax obligations. Please note that failing to do so is a serious criminal offence and it is solely your responsibility to ensure you are compliant with all applicable tax laws and regulations associated with using our services. We shall therefore not be held liable if you fail to comply with your tax collection and remittance related obligations.
Out of stock
We try to do our utmost to keep all information up to date, but please note that we do not have control over our sellers’ inventory. Occasionally, out of stock situations may therefore occur after a payment has been received.
Please bear in mind that the unavailability of a product due to an out of stock will not result in the cancellation of the entire order, but you will be refunded for the items that turn out to be unavailable. You will thus not be entitled to any compensation from us nor the sellers.
The items you order will be shipped to the delivery address you specify when placing your order. You are thus solely responsible and hereby commit to always provide accurate and updated shipping details to Zwoice and our sellers.
Our sellers hereby commit to ship the goods waste and plastic free. We require using certified, zero waste, recycled, upcycled or post-consumer shipping boxes, containers and packing materials, all of them of just the right size and fully compostable and plastic free. The less packaging the better, however fragile orders ought to be carefully protected with paper or organic packing materials. Boxes must then be sealed either with a cotton string, a compostable non-reinforced paper tape, using a plant-based glue or by other waste and plastic free means.
We shall not be held liable in the event of non-delivery, misdelivery or late delivery for any reason and users shall not be entitled to compensation from us. We therefore strongly recommend our sellers to use tracking information, delivery or signature confirmation to allow them present a valid proof of delivery in case of non-delivery, misdelivery or late delivery related conflicts.
Right of withdrawal
If you reside in the European Union, you may be entitled to the right of withdrawal. It is the right to cancel purchases made outside physical shops before they are shipped or to return them within 14 days after the day you received the goods for a full refund.
However, this right does not apply to all purchases, unless otherwise specified by the seller. Some of the exceptions are:
- Products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
- Items made to order, to your specifications or clearly personalized;
- Goods which may deteriorate or expire rapidly;
- Goods bought from a private individual rather than a company.
In certain circumstances, Zwoice may decide, in its sole discretion, that it is necessary to cancel a confirmed purchase order and make appropriate refund and payout decisions. This may occur if we believe in good faith, while taking the legitimate interests of both parties into account, that this is necessary to avoid significant harm to us, our users or third parties.
A seller may also cancel an order, however, only before it is shipped and under any of the following circumstances:
- Has legitimate concerns about the buyer’s behavior and decides to refuse service to the buyer;
- The buyer did not pay and the seller flags a buyer for a payment not received, a chargeback, or a cancelled payment;
- Both the buyer and seller agree to cancel the transaction before shipment.
As a user, you may only cancel your order if the seller’s delivery and returns policy allows to do so and if the seller confirms that it has not been shipped yet. You may do so through the “Purchases” section of your account. Also, you may, but have no obligation to attach the completed model withdrawal form to your notification.
If a confirmed order is cancelled, the buyer will receive a full refund of the total fees for such order within a commercially reasonable time of the cancellation.
Returns and exchanges
Each seller has his or her own return and exchange rules, which should be communicated through their shop policies. Please note that not all sellers accept returns and/or exchanges.
However, within the context of your right of withdrawal, you have 14 days from the date of delivery of your order to make a return without having to provide reasons and without having to pay any penalties. If the seller’s return policy allows, you may also agree with a seller on an exchange. In either case, you must, within the above-indicated period, send back the unused goods, with their original labels and packaging to the seller and provide Zwoice with a written notification that clearly states you wish to return the goods. You may do so through the “Purchases” section of your account. Also, you may, but have no obligation to attach the completed model withdrawal form to your notification.
Note that you will have to bear the direct cost of returning these goods, unless the seller’s policy states otherwise. If a seller does not bear return costs and the item cannot, due to its nature, be returned by standard means, an estimate of the return costs should be included in the information provided to you. Please note that you may be liable if the value of the goods returned diminishes due to their handling. We therefore strongly advise you to follow our recommended procedure for making returns.
In case of exercising your right of withdrawal, Zwoice will refund all charges received from you for the goods purchased, except the delivery costs, in case you specifically requested non-standard, express delivery of your initial purchase. However, we will withhold refunds until the seller receives the goods back. The refund will thus occur within a commercially reasonable time.
We will use the same means of payment, as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur any fees as a result of such refund.
Third party recipients of gifts ordered on Zwoice may also ask for a return or agree with the seller on an exchange. However, if the return comes from a third party recipient of the purchased items, only the user having purchased the goods may receive a refund in the context of the right of withdrawal, as it is only possible to credit the credit card of the person having ordered the item.
Please note that your bank may take up to 10 business days to issue a refund to your card, depending on processing times. This may vary among card issuers and we have no control over this process or the corresponding processing times.
Non-compliant and damaged goods
In the event you receive a damaged or defective item or the item does not match the listing description or does not comply with your order, you may ask for it to be repaired, replaced or in case neither of the above is possible, partially or fully refunded.
In order to exercise your right, you must provide Zwoice with a written notification that clearly states you received damaged goods or goods that do not comply with your order. You may do so through the “Purchases” section of your account. Also, you may, but have no obligation to attach the completed model withdrawal form to your notification.
Zwoice will then notify the seller who will assess if the goods shall be returned for repair, directly replaced or partially or fully refunded. In any event, you will not incur any fees as a result.
In case the goods are only slightly damaged, but still functional, the seller may agree with the buyer on a partial refund.
In case the goods are heavily damaged and need to be repaired or replaced, the seller may instruct the buyer to either send the goods back at seller’s cost or not to send the goods back and dispose of them accordingly. The seller then ships a repaired or a new item with the exact same specifications, unless agreed otherwise, to the buyer and no refund takes place.
If it is not possible to repair the goods and the seller is not able to replace them, for example due to a lack of stock, the seller may agree with the buyer on a replacement through an alternative item or on a full refund. For more details about how to obtain a full refund, please refer to the returns and exchanges section, with the exception that in case of a damaged item, the seller might instruct the buyer to either send the goods back at seller’s cost or not to send the goods back and dispose of them accordingly.
Misuse of right of withdrawal
If we decide that you are misusing returns on Zwoice, you may be subject to a range of actions, including limits on buying and selling privileges and account suspension. Examples of misuse include:
- Selecting an inaccurate reason for returns;
- Disregarding exceptions to your right of withdrawal;
- Requesting an excessive number of returns.
If you find yourself in a dispute with us, another user of our services or a third party, we encourage you to directly contact the other party and try to resolve the dispute amicably and in good faith.
Otherwise, the European Commission offers an online dispute resolution platform, which you can access here.
Users who are unable to resolve a dispute related to a transaction on our platform may contact us through our contact form and choose “Privacy, disputes & legal” in the drop down menu.
If you reach out to us, we will attempt to help you resolve disputes in good faith and based solely on our interpretation of our terms and conditions, in our sole discretion and will not make judgments regarding legal issues or claims.
However, we do not endorse any user and have no obligation to resolve any disputes. You therefore release us from any claims, demands, and damages arising out of disputes with other users or parties.
Third party information requests
Before you contact Zwoice for records or information, first see if the details you are seeking are publicly available or if you can obtain them directly from the user.
In case your request for information involves an emergency, danger of death or serious physical injury, please contact your local law enforcement.
If you are a law enforcement officer seeking information relating to such an emergency, please contact us through our contact form, providing the following:
- Your name and title;
- The government agency you work for;
- Proof of your employment by the government agency;
- Your full contact information, such as government email address and phone number;
- A summary of the facts about the emergency situation, including how the situation poses a danger of death or serious physical injury;
- The identity of the person or people who are in danger;
- The specific records sought and how they relate to the emergency;
- Why legal process cannot be obtained and the records must be disclosed without delay.
Except in emergency situations, as a general rule, we require a valid and sufficient legal process, such as a subpoena or court order, to compel us to disclose records or information about a user. Furthermore, the legal process must contain enough identifying information so that we can identify the user’s account.
When we receive a legal process seeking records or information about a user, we may provide notice to that user, including a copy of the legal process. We may also allow the user enough time to appear and object to the legal process in court, if necessary.
Note that Zwoice does not provide expert witnesses for trial or deposition. The records we provide are accompanied by a standard custodian declaration of authenticity. A live testimony by a records custodian is thus unnecessary because the records are self-authenticating.
Please also note that we may seek reimbursement for our costs directly incurred in searching for, assembling, collecting, and preparing records or information.
This section does not constitute legal advice or a promise that Zwoice will respond to requests for records and/or information in a specific way or at all. We reserve the right to challenge or reject third party information requests at any time.
You acknowledge that Zwoice has no obligation to monitor the access to or use of the services by any user or to review, disable access to, or edit any user content, but has the right to do so to:
- Operate, secure and improve the services, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes;
- Respond to user content that we consider harmful or objectionable;
- Comply with applicable laws or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
- Ensure users’ compliance with these terms and conditions.
Users agree to cooperate with and assist Zwoice in good faith, and to provide us with information and take actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the services.
If we believe that there is a violation of these terms and conditions that can simply be remedied by user’s removal of certain user data, we will, in most cases, ask the user to take direct action rather than intervene.
However, we may directly step in and take what we determine to be appropriate action, if user does not take direct action, or if we believe there is a credible risk of harm to the services, other users, any third parties, or us.
We reserve the right to terminate this agreement, suspend your account, as well as any related accounts, and your access to any of the services as well as refuse service to anyone, at any time, for any reason, with or without advance notice. If we do so, you don’t have a contractual or legal right to continue to use our services.
When this agreement has been terminated, you are not entitled to a restoration of your Zwoice account or any of your content. If your access to or use of the services has been limited, your account has been suspended or we have terminated this agreement, you may not register a new Zwoice account or access and use the services through another user’s account.
Also, we may discontinue the services. We reserve the right to change, suspend, or discontinue any of the services at any time, for any reason, with or without advance notice. We will not be liable to you for the effect that any changes to the services may have on you, including but not limited to your income or your ability to generate revenue through the services.
You may terminate your user account with Zwoice at any time by reaching us through our contact form and choose “Account” in the drop down menu.
If you cancel your Zwoice account, the processing of your confirmed purchase orders will not be impacted and they will be processed as usual. If you wish to cancel them, you will need to send a separate request, as per the cancellations section.
If you or Zwoice terminate your account, you may lose any information associated with it, including your content. However, you will still be obliged to pay any and all fees you owe to us at the time of termination.
The terms and conditions will remain in effect even after your access to the services is terminated, or your use of the service ends.
Intellectual property and licenses
You acknowledge and agree that all services provided by Zwoice and content included in or made available through our services, including all associated intellectual property rights, is and shall remain the property of Zwoice or its content providers, licensors or authorizing third parties and may in its entirety or in part be protected by international copyright, trademark, authors' rights, database rights and/or other laws. Furthermore, the compilation of services provided by Zwoice and all content included in or made available through our services, including all associated intellectual property rights, is and shall remain the exclusive property of Zwoice and may in its entirety or in part be protected by international copyright, trademark, authors' rights, database rights and/or other laws.
You also acknowledge and agree that all trademarks, service marks, logos, trade names, and any other source identifiers of Zwoice used on or in connection with the services are and shall remain trademarks, copyrights, service marks, or trade dress of Zwoice. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Zwoice are used for identification purposes only and are the property of their respective owners.
If you believe that your or another person’s or entity’s trademark and/or intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify us through our contact form and choose “Privacy, disputes & legal” in the drop down menu.
Subject to your compliance with these terms and conditions, we and our content providers grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use our services, as well as to access and view any content made available on or through the services and accessible to you, solely for your personal and non-commercial use.
This license does not include any of the following and you hereby commit not to take actions yourself, assist and/or enable others to:
- Extract, remove, copy, adapt, alter, modify, obscure, duplicate, reproduce, prepare derivative works of, distribute, redistribute, license, sublicense, sell, resell, transfer, publicly display, publicly perform, transmit, broadcast, use or re-use for any reason, or otherwise exploit, even partially, our content and/or services, including software, visuals or sound, for any commercial purposes;
- Use our platform and/or its content in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with Zwoice;
- Create and/or publish a database that features substantial parts of any of our content and/or services;
- Use any hypertext link that directs customers to another website;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, decipher, decompile, disassemble, reverse engineer or attempt to obtain the source code of the services;
- Display, mirror, frame or use framing techniques to enclose any name, trademark, logo or other proprietary information of Zwoice;
- Use any meta tags or any other hidden text utilising our names or trademarks;
- Use the Zwoice platform in connection with the distribution of unsolicited commercial messages, also known as spam;
- Damage or adversely affect the performance or proper functioning of our services and/or cause any access to the platform being interrupted or impaired in any way;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us, any of our providers or any other third party to protect the Zwoice platform;
- Cause annoyance, inconvenience or anxiety, violate or infringe anyone else’s rights or otherwise cause harm to anyone;
- Contact another user for any purpose other than asking a question related to a listing, your own purchase, or the user's use of the platform, including, but not limited to, recruiting or otherwise soliciting any user to join third party services, applications or websites;
- Use the services to request, make or accept a booking independent of the Zwoice platform, to circumvent any service fees or for any other reason;
- Dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of content, registering and/or using Zwoice or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Zwoice domains, trademarks, taglines, promotional campaigns or content;
- Use our trademarks, service marks and trade dress in connection with any product or service that does not belong to Zwoice, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Zwoice;
- Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website;
- Breach or circumvent these terms and conditions and/or any applicable laws, rules, regulations, agreements and obligations that may apply to you and your use of the services.
All of our rights not expressly granted by this license are hereby reserved and retained by Zwoice or our content providers, licensors or authorizing third parties.
Notwithstanding any provision of this agreement, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the Zwoice website and services.
The licences granted by Zwoice terminate if you do not comply with these terms and conditions.
Zwoice is liable under statutory provisions for intent and gross negligence by us and our legal representatives. Any additional liability of Zwoice is excluded.
While using our services, you may come across content that you find offensive or inappropriate. We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the services, neither do we make any representations of it. You thus release us from all liability relating to any user-content.
As part of using the services, you may interact with other users. You acknowledge that we may, but have no obligation to screen users of our services and release us from all liability relating to your interactions with other users.
Any references to a user being verified, or similar language, only indicate that the user has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Zwoice about any user, including the user's identity or background or whether the user is trustworthy, safe or suitable. You should always exercise caution, due diligence and good judgement in all interactions with others.
You understand that Zwoice does not manufacture, store, or inspect any of the items sold through our services. We provide the venue, the items on our platform are produced, listed, and sold directly by independent sellers, so we cannot and do not make any warranties about their condition, quality, safety, authenticity, or even their legality. Consequently, we shall not be held liable for any error or inaccuracy in the photographs, written or graphic representations of the items on our platform.
We cannot guarantee the conditions under which products listed for sale on Zwoice were made, however we require our sellers and any subcontractor they use, to commit to comply with all applicable laws, including safety, labor, and employment laws and all applicable environmental regulations. In any case, we are not responsible for any production partners chosen by sellers and therefore a legal claim related to an item you purchase must be brought directly against the seller of the item. You release Zwoice from any claims related to items sold through our services, including for defective items, misrepresentations by sellers, or product liability claims, such as items that caused physical injury.
Third party services
Neither us nor our sellers will be liable by reason of any failure or delay in the performance of their obligations under these terms and conditions on account of events beyond our reasonable control, which may include natural catastrophes, denial-of-service attacks, internal or external system failures, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action or other general unforeseen and unavoidable circumstances that prevent the proper execution of orders.
This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
To the fullest extent permitted by applicable law, neither Zwoice, nor our employees or managers shall be liable to you for any lost profits, revenues and/or any consequential, incidental, indirect, special, cover or punitive damages arising out of or in connection with the services or these terms and conditions.
Our maximum aggregate liability in respect of any and all liability, including under contract, tort, negligence, equity or statute is 100 euros. The laws of some countries do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
You understand and acknowledge that our services and all related components and information are provided on an “as is” and “as available” basis without warranties of any kind. We expressly disclaim any warranties, whether express or implied, of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that:
- The services will be secure, uninterrupted, available and/or accessible at any particular time or location;
- Any defects or errors will be corrected;
- The services will be free of viruses or other harmful content;
- That user identity verification or background checks will identify prior misconduct by a user or that a user will not engage in misconduct in the future;
- The results of using the services will meet your expectations.
Neither do we guarantee:
- The existence, quality, safety, suitability, or legality of any listings;
- The truth or accuracy of any listing descriptions, ratings, or reviews;
- The conditions under which products listed for sale on Zwoice were made;
- The performance or conduct of any user or third party.
You agree that you have had whatever opportunity you deem necessary to investigate our services, laws, rules, or regulations that may be applicable to your use of our services and that you are not relying upon any statement of law or fact made by Zwoice.
You use the services solely at your own risk. The above-mentioned warranty disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
If Zwoice gets sued because of something that you did, you agree to release, defend, and indemnify us, including any of our employees. That means you will hold us harmless from and against any and all legal claims, liabilities, damages, losses, expenses, actions, suits, proceedings, and demands, including, without limitation, reasonable legal, accounting and any other fees, arising out of or in any way connected with your:
- Interactions with any user;
- Use or misuse of our services;
- Breach of these terms and conditions;
- Breach of any laws, regulations or third party rights;
- Collection and remittance of taxes.
You will indemnify us for all reasonable attorneys’ fees incurred, damages and other costs finally awarded against us or paid by us under a settlement we both jointly approve of in connection with or as a result of a claim against us.
We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us.
If you have any questions about these terms and conditions, please contact us through our contact form and choose “Privacy, disputes & legal” in the drop down menu or at our mailing address below:
243 Val des Bons Malades
Grand Duchy of Luxembourg