Our Services are only available in a number of countries. You can find a list of countries in which our Services are available here.
These Terms for Buyers also describe your rights and obligations under the Sales Agreement you enter into with Sellers. In our Terms for Sellers, you can find the rights and obligations of Sellers under the Sales Agreement.
Article 1: Buying items
It is a great pleasure to know that you wish to buy items on our online sales Site! Before using our Services, please make sure you are aware of the following:
- We charge a fee for your use of our Services. The Buyer's Commission is 6% of the Purchase Price (including VAT, if applicable). This amount will be added to the Purchase Price.
- Buyers are responsible for paying any additional shipping and import fees (e.g., VAT, import levies). You also acknowledge and agree that it is your responsibility to check whether there are any specific laws or restrictions applicable to the import of an item into your country.
Section 2: Paying for items
If you have won a item and your Bid has reached the Reserve Price, you may consider yourself the proud Purchaser of that item. The next step is to pay for it by following our instructions. Below are our payment rules.
- After winning your item, you have three (3) days to pay for it. Within three (3) days of the end of the Online Sale, you are required to (i) pay the Purchase Price and shipping costs (if any) to the Seller and (ii) pay the Buyer's Commission to us. The stated payment term will never be considered a legal limit. This means that a notice of default is required before the Seller can terminate the Sales Contract due to your failure to pay. You must ensure that the Seller receives the full amount of the Purchase Price and that we receive the full amount of the Buyer's Commission. You are therefore responsible and liable for all costs (such as bank charges), taxes (such as withholding taxes), duties and fees due.
- You warrant that your purchase is legitimate. You warrant that you are not purchasing the item in a false transaction, which would allow you to personally transfer all or part of the Purchase Price to yourself and/or others and launder the money involved.
You can find more information about your payment options in our Help.
Article 3: Delivery or pick-up of the items
For most Lots in our sales, the Seller will ship the items to the address associated with your Account. However, some items may need to be picked up on site. Be sure to check the shipping information in the item description.
- Make sure your shipping address is correct. The Seller will ship your item to the address listed in your Account. We will ask the Seller to send the item once we have received your payment.
- If there is a problem, contact us within three (3) days of delivery. Once the tracking code indicates that the item has been delivered, you have three (3) days to notify us of any problems with the item. If you need to pick up the Prize on site, you must notify us of any problems with the Prize within three (3) days of pick up. You acknowledge that if you do not notify us within this three (3) day period, we will not evaluate the claim and the Seller will receive payment.
- If there is a problem with the delivery, we ask that you try to find a solution directly with the Seller. Windup Closet has the right to consider the signature of the receipt and/or the confirmation of delivery at the place of delivery by tracking as proof of your proper receipt of the item. If there is a problem with the delivery of a item and you do not reach a solution with the Seller, you will both cooperate in an investigation by the shipping company. An ongoing investigation does not prejudice our right to decide whether the Purchase Price will be refunded to you or paid to the Seller.
- Arrange for on-site pickup with Seller. If you have won a Lot that is to be picked up on-site, you must (arrange to) pick up the item on-site within five (5) business days of your purchase, unless you have agreed otherwise with the Seller. The specified pickup time will never be considered a legal limit. If you do not pick up the Lot on site in accordance with our instructions or your agreement with the Seller, you acknowledge that we may either pay the Seller or cancel the transaction in our system.
- Windup Closet may cancel transactions if the Seller fails to deliver the item. If the Seller fails to deliver the Lot in accordance with its obligations under the Terms for Sellers or the item description, we will send the Seller several reminders. If the Seller fails to act in accordance with our instructions, you agree and acknowledge that we may cancel the transaction in our system. Cancellation of the transaction does not constitute a termination of the Sales Agreement. Once we cancel the transaction, you are free to assert your rights under the Sales Agreement directly with the Seller.
- Have questions about delivery or pickup? Take a look at our Help.
Article 4: Failure to meet your obligations to the Seller
If you fail to fulfill your obligations to the Seller under the Sales Contract, you will be in default and the Seller will have the right to terminate the Sales Contract. We may send you a notice of default and a notice of termination on behalf of the Seller, but we are not required to do so. In this context, your obligations will include compensation for damages suffered by Seller, without prejudice to any other rights of Seller.
Article 5: Failure to fulfill your obligations to Windup Closet
- Temporarily or permanently restrict your authorization to make Offers and/or sell items
- Temporarily or permanently revoke any special status associated with your Account
- Temporarily or permanently limit your access to your Account
- If you (i) have not provided accurate banking or identification information within a reasonable time after our first request, (ii) have been flagged by our Payment Service Provider, or (iii) have not passed a PIP or sanctions list check, you will be in default and (a) any payment (including a refund) may be withheld or (b) you will lose the right to receive a payment (including a refund)
- If you paid for a Lot with your credit card and, even if the Seller was not in default, you successfully filed a chargeback request, we are entitled to (i) block your Account, (ii) offset any claims we have against you, (iii) block any future payments, and (iv) initiate legal proceedings against you
If our agreement is terminated or access to your Account is suspended while you still have certain obligations to a Seller under a Sales Agreement, we may cancel transactions in our system and terminate that Agreement(s) on behalf of the relevant Seller(s).
Article 6: Right of withdrawal
Consumers have a legal guarantee of conformity of the item. In addition, depending on your country of residence, you may have the right to cancel and return your purchase without having to justify yourself.
- The US right of withdrawal may apply to your Sales Contract. Consumers who reside in a country in the U.S. Economic Area and who purchase an item from a professional Seller have the right to withdraw from the purchase without giving reasons within 14 days (a period known as the "cooling-off period").
- If you withdraw from your purchase, you must return the item to the Seller. Under the right of withdrawal, you must return the Lot within 14 days of your notification of withdrawal. The item must be returned to the Seller with all associated accessories that were delivered and, if possible, in the original condition and packaging. You are only responsible for any decrease in the value of the item resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the item. You will be refunded the full Purchase Price, including shipping costs, and the Buyer's Commission. However, the direct costs of returning the Lot are at your expense.
- The right of withdrawal may not apply to your purchase. Please note that some products and services are excluded from the right of withdrawal, such as, but not limited to, gold, diamonds, bullion and other products that fluctuate in price, degrade rapidly or have a limited shelf life.
You can find more information about the right of withdrawal in our Right of Withdrawal Policy.
Article 8: Disputes with other Users
We will make reasonable efforts to mediate between the Seller and the Buyer. Any complaint or dispute between the Seller and the Buyer should therefore be reported to us as soom as possible.
We expect Users to settle any dispute between themselves. However, if necessary, we will make reasonable efforts to mediate between the Seller and the Buyer. Any complaint or dispute between the Seller and the Buyer should therefore be reported to us as soon as possible.
Contact the Seller: To contact the Seller, go to My Won items and search for the order for this sale. You can then click on "Contact the Seller" to send a message to the seller.
Contact Windup Closet: contact our Customer Service Department by sending us an email via our contact form.
Article 9: Resale royalty
If an item is an original work of art, a resale royalty may be due to the artist, in accordance with the applicable copyright legislation. In these cases, you will be responsible for the cost of the resale royalty, whether or not you are an art market professional. You will be required to reimburse the party who paid the resale royalty to the artist or the artist's representative at the time of the first request. This reimbursement will include the full resale royalty and any related costs, expenses, levies or taxes.
Article 10: Registration as a Seller
It is a great pleasure to know that you want to sell items with us! Before using our online sales site, please make sure you are aware of the following:
- You will need to create a Seller Account. When registering as a Seller, you are required to truthfully indicate whether you are registering as an individual or as a business. If you are using our Online Store to sell items in the context of your commercial, artisanal or professional activity (as a "Professional Seller"), a "Pro" icon will appear next to your user name for the items you offer.
- Sell professionally. If you are using our Online Store as a Professional Seller, you are required to comply with all applicable tax laws and regulations, to register properly and to provide all required information when registering.
- We expect you to fulfill your VAT obligations. To be considered a Professional Seller for VAT purposes, you are required to provide us with a valid VAT identification number. If you are located outside of the United States and do not have a VAT identification number, you must provide other evidence sufficient to Windup Closet of your business use (e.g., in connection with a trade, business or other professional activity) of our Online Store. You acknowledge that you will be designated as a Professional Seller for all use through this Account.
If you are not registered as a Professional Seller but we have reasonable grounds to believe that you are using our Online Store in a professional capacity, we may consider you a Professional Seller for any future sales through the Account in question. This means that you will have to comply with the US right of withdrawal.
Article 11: To propose items for sale
Once you are registered as a Seller, you can offer items for sale. Before using our Services, please make sure you are aware of the following:
- We will determine the suitability of your item. We will decide which items are suitable to be offered for sale on our Online Store. We make this decision based on the characteristics of the item, such as its interest, rarity, potential selling price and expected demand for the item. We may reject items without giving a reason. Please refer to our item Submission Guidelines to find out what kind of items we accept or reject.
We need a clear and complete description of your item. When you offer a item for sale, you must provide clear and complete information about the item. This information must include, but not be limited to, the following information and documents:
- A correct, complete and accurate description of the item.
- Information on the condition and classification of the item, including whether or not the Lot falls under the margin scheme in the context of the applicable VAT legislation.
- One or more clear photographs that accurately show the current condition (including any defects or imperfections), characteristics and other details of the item.
- The Reserve Price, if applicable (the ability to set a Reserve Price will depend on the value of the item).
- An indication of the actual shipping costs (if any).
- Any other conditions related to the sale proposal.
- You are responsible for the accuracy of the description of the item. This also applies if we propose modifications or make changes and/or additions to the description of the item. We will give you the opportunity to review the description before the Online Sale begins. You will be able to use this opportunity to check the description of the Lot and thus ensure that the final description accurately describes the item.
- You warrant that you have the right and authority to sell the item. By offering and selling an item, you warrant that you are not (i) violating any law or regulation, (ii) infringing any third party rights, including rights under contract and intellectual property rights, (iii) acting in a fraudulent manner generally, or (iv) acting in an illegal and/or fraudulent manner towards third parties or Windup Closet. You also warrant that the offer to sell and the sale of the item are genuine and honest transactions. Specifically, you warrant that you are not offering the item as part of a false transaction, allowing the Buyer, yourself and/or third parties to transfer money and launder the money involved.
- Classification of items. Our experts determine the ranking of the items that is shown on our Online Sale Site according to their expertise and certain criteria.
- Withdrawal of items before the start of the sale. You can withdraw items before they are published on our online auction site and before they are visible to other Users. After this period, you will not be able to modify the conditions related to the sale proposal. If we decide to remove your item from an online sale, you will be fully responsible for any resulting damage. If you decide that an item should be withdrawn after it has been published in the Online Sale, you will need to provide us with documents, files or other evidence as to why it should be withdrawn. This evidence must be provided at the time of our first request. If we decide that the evidence is sufficient, we will consult with the bidders and may, at our discretion, remove the item from the sale.
You can find more information on how to bid on items in our Help.
Article 12: items for sale
Once we have accepted your item and put it up for sale, other Users have the opportunity to place Bids on it. By selling on our Online Store, you agree to the following rules:
- The Buyer and Seller of a item enter into a Sales Contract. At the end of an Online Sale, you automatically enter into a Sales Contract with the User who made the highest Bid for the item (the Buyer). This will not be the case if you have set a Reserve Price and the Highest Bid is lower than the Reserve Price.
- We do not accept artificial bids. You may not bid on your own items or the items of anyone related to you. You also may not let anyone related to you bid on your items. We call this artificial bidding.
- The items you offer on our Online Sales Site will be offered exclusively here. You will not offer the items through other sales channels as long as they are offered in one of our Online Sales. You will remove items from other websites, including online platforms, as well as your own (online) stores or those of others if these items are offered in one of our sales.
- Ranking of items in Search Results. The positioning and ranking of the items in the search results on our Online-Shop can vary and depends on various factors, such as the name of the Online-Shop, the name of the category, the characteristics of the item, the title and subtitle of the item, the description of the item and the (automatic) translation of the search parameters.
You will find in our Help section the most frequently asked questions about our sales.
Article 13: Delivery or collection of the items
Once your item is sold, we will ask the Buyer to pay the Purchase Price, the shipping costs (if any) and the Buyer's Commission which is 18 of the selling Price (Including VAT, if applicable). This amount will be subtracted to the selling Price.
- As soon as the Buyer has paid, we will inform you so that you can send the item to the Buyer or arrange for its collection on site.
- The item must be shipped within three (3) business days of payment. Unless you have arranged for the Buyer to pick up the Lot on site, you must carefully package and ship the item within three (3) business days of receiving our payment confirmation. You are responsible for shipping the item to the Buyer. The delivery time indicated is never considered a legal limit.
- Your items must be sent with tracking. We strongly advise you to use registered and/or insured shipping, as the risks of damage and/or loss of your items during delivery are at your charge.
- The items must be sent from the address indicated in your Account. You are obliged to send the items from the address indicated in your Account. If you send the items from another address, you will be responsible for any charges that would not have been incurred if the item was sent from the address listed in your Account (such as, but not limited to, import taxes and levies).
- Shipping from countries where our Services are not available. You may not sell and/or ship items from a country that is not on the list of countries in which our Services are available. If you send Shipments from countries in which our Services are not available, you will be in default and lose the right to receive payment.
- We ask that you contact the Buyer in case of delivery problems. If the item is lost and/or damaged during delivery and you are unable to reach a solution with the Buyer, you must cooperate in the investigation conducted by the shipping company. An ongoing investigation does not prejudice our right to decide whether the Purchase Price will be refunded to the Buyer or paid to you.
- Excess shipping costs shall be refunded to the Buyer. If the shipping cost is less than the amount stated in the Online Sale, you shall refund any excess shipping cost paid by the Buyer.
If you have any questions about delivery or pick-up, please consult our Help.
Article 14: Payment of the items
You will receive the Purchase Price (less the Seller's Commission) once (i) the Buyer has paid the Purchase Price, the shipping costs (if any) and the Buyer's Commission and (ii) you have sent the item or the Buyer has picked up the item on site, in accordance with Article 4.
We may withhold payment. We may withhold your payment if the Buyer has filed a dispute due to, for example, alleged damage or non-conformity of the item.
- Conversion rates may apply. We will set the exchange rate for each item at the rate it was at the start of the Online Sale. Even if the exchange rate changes during the course of the sale, the exchange rate we apply will be set at the beginning of the sale. You agree to receive a Purchase Price in your own currency that may be less (or more) than you would have received if we had used the exchange rate applicable at the close of the Online Sale or at the time the Purchase Price was paid. We may also round the Purchase Price to the nearest whole currency unit before paying you.
- We may cancel transactions if the Buyer does not pay. If Buyer fails to pay in accordance with its obligations under the Terms for Buyers, we will send Buyer several payment reminders. If, after our reminders, Buyer still does not pay, you agree and acknowledge that we may cancel the transaction in our system. Cancellation of the transaction does not constitute a termination of the Sales Agreement. Once we cancel the transaction, you may either choose to re-offer the item or contact the Buyer directly to obtain your rights under the Purchase Agreement.
- Payments are governed by the terms of our Payment Service Providers. Payment processing services on our Online Store are provided by our Payment Service Provider, Stripe, based on your country of residence. These payment processing services are subject to the respective terms and conditions of our Payment Service Providers. For Stripe, the Services are subject to the Stripe Connected Account Agreement, which includes Stripe's Terms of Service (collectively, "Stripe Services Agreement"). By selling on Windup Closet, you agree to be bound by these current terms and conditions, which may change from time to time. Receipt of payment may be contingent upon you completing all information required by the relevant Payment Service Providers, such as your date of birth and, if you are a Professional Seller, a company registration number. If the Payment Provider blocks a payment in accordance with its current Terms, we are entitled to cancel the transaction in our system and refund the Buyer. In these circumstances, we cannot be held responsible for any damages related to the cancellation.
You can find more information about our payment procedure in our Help.
Section 15: Failure to Meet Your Obligations to the Buyer
If you fail to fulfill your obligations to the Buyer under the Sales Contract, you will be in default and the Buyer will have the right to terminate the Sales Contract. Without being obligated to do so, we may send you a notice of default and a notice of termination on behalf of the Buyer.
In this case, your obligations shall include indemnifying Buyer for damages, without prejudice to any other rights. This includes reimbursing the Buyer for any Purchase Price you have already received from them. We shall not be liable for such refund.
Article 16: Failure to meet your obligations to Windup Closet
- Temporarily or permanently limit your authorization to sell and/or bid on items.
- Temporarily or permanently revoke any special status associated with your Account.
- Temporarily or permanently limit your access to your Account.
- If you have not provided accurate banking, contact or identification information following our first request, you will be in default and we will have the right to withhold your payments or refuse to pay you (including refunds).
- If a Buyer pays for an item by credit card and, as a result of your failure to comply with your obligations under these Seller Terms, their chargeback request is granted, we are entitled to (i) block your Account, (ii) set off any claims we have against you, (iii) block any future payments, and (iv) commence legal proceedings against you.
If one or more of these actions is taken, we will notify you by email, stating the reason for the action(s). You can find more information on the grounds on which we may restrict, suspend or terminate access to your Account in our Help.
If we decide to permanently limit your access to your Account (i.e., terminate your Account), we will endeavor to notify you of the reasons for this decision 30 (thirty) days prior to terminating your Account. This 30 (thirty) day notice does not apply if:
- We are subject to a legal or regulatory obligation that requires us to terminate all of our services to you.
- We exercise a right of termination for a compelling reason under European and/or national law.
The foregoing does not prevent us from taking legal action against you.
Article 17: Internal communication
With Buyers. You may use our internal communication system to communicate directly with Buyers. This system is an excellent way to arrange delivery of an item or to answer questions that Buyers may have. Please note that you may not use this system for the following activities:
- Send unsolicited advertisements or promotions, requests for donations or spam.
- Insult, harass or discriminate against other Users
- Enter into a sales agreement with a User without the mediation of Windup Closet, in order to avoid paying commission.
Has a Buyer given you feedback on an item you have sold? Our Feedback Policy applies to any feedback you wish to leave. Please make sure you have read it before responding.
With Us (Customer Experience). If you are experiencing technical problems with our Online Store or are not satisfied with our Services, our experienced international Customer Experience teams are available to assist you in any way. We will endeavor to respond to your questions or complaints as soon as possible and, where possible, provide a solution.
With us (mediation). Although we would like to resolve any problems you have with us ourselves, we would like to inform you that you can also submit a complaint to an alternative dispute resolution authority through mediation. We are willing to use either (i) the Center for Effective Dispute Resolution (CEDR) or (ii) e-POM for any dispute that we have not been able to resolve through our in-house complaint system (see their respective websites for more information).
Article 18: Disputes with other Users
We expect Users to settle any dispute between themselves. However, if necessary, we will make reasonable efforts to mediate between the Buyer and you. Therefore, you should report any complaints or disputes between you and the Buyer to us as soon as possible.
Contacting the Buyer: Go to My Sold items and click on "Order Details" to view the order page for this sale. You can then click on the "Send Message" link to send a message to the Buyer.
Contact windup closet: contact our Customer Service Department by sending us an email via our contact form.
Article 19: Windup Closet Audit
To ensure that our Online Store remains safe and secure for all Users, we may decide to conduct a quality audit of the Lots. If we have reason to believe that your Lots do not meet our quality standards or do not comply with our Lot Submission Guidelines, we may (i) purchase your Lots directly or indirectly through our own Online Sales or (ii) visit your physical premises to examine the Lots in person. Based on such an audit, if the Lot does not meet our quality standards, we may take appropriate action, which includes canceling the transaction.
Article 20: Data
Article 21: Changes to the Terms for Sellers
We may modify or supplement the Terms for Sellers at any time. We will notify you of any proposed changes and/or additions by e-mail at least 15 (fifteen) days before the amended and/or supplemented Terms for Sellers are posted on our Online Store and become effective.
If you continue to use our Online Store after receiving such notification, you irrevocably accept the amended and/or supplemented Seller Terms.
If you do not wish to accept the amended and/or supplemented Terms for Sellers, please notify us within 15 (fifteen) days of receipt of this notice and you will be free to discontinue using our Online Store and delete your Account.