1. Purpose and scope
This policy sets out the rules and procedures that Vendora applies when there are sufficient and well-documented indications that an item traded through the platform is counterfeit, infringes intellectual property rights, or is otherwise illegal. It applies to all transactions facilitated through the platform, regardless of their stage of completion.
This policy operates within the framework of the platform’s Terms of Use, to which all users have agreed, and is intended to protect the integrity of the marketplace, the rights of intellectual property holders, and the interests of buyers and sellers acting in good faith.
3. Determination of counterfeit or illegal status
3.1. Assessment
Vendora may determine that an item is suspected counterfeit or illegal on the basis of information received from rights holders, reports submitted by users, its own internal review processes, or notifications received from competent authorities. Vendora exercises reasonable judgment and acts in good faith when making such assessments, but does not purport to make legally binding determinations of authenticity or legality.
3.2. Standard of evidence
Vendora will act under this policy where there are sufficient and well-documented indications of counterfeit status or illegality. This may include, but is not limited to: reports from verified rights holders, results of brand authentication processes, visible indicators of non-authenticity, or discrepancies between the item as listed and the item as received.
3.3. Statement of reasons
In accordance with Article 17 of the Digital Services Act, where Vendora takes action under this policy that restricts the visibility of content or suspends or terminates an account, it will provide the affected user with a clear and specific statement of reasons, including the facts and circumstances relied upon, the legal or contractual basis for the decision, and information about available redress mechanisms.
4. Measures following a determination
Where Vendora determines, following its assessment, that sufficient indications exist that an item is counterfeit or illegal, the following measures shall apply:
4.1. Transaction cancellation
The transaction is cancelled on the basis that the item does not conform to the contract within the meaning of Directive (EU) 2019/771 and is not eligible for lawful circulation. Cancellation may occur at any stage of the transaction.
4.2. Refund of funds
The amount paid by the buyer is refunded in accordance with the platform’s standard refund procedure. The buyer’s right to a refund for non-conforming goods is not conditional on any additional action by the buyer, including the submission of declarations under Section 5. Such refund does not constitute recognition of any right of possession or use of the item.
4.3. No return of the item to the seller
As a general rule, Vendora does not facilitate, organise, or permit the return of suspected counterfeit or illegal items to the seller, as their recirculation or transport may violate applicable legislation and the terms of cooperating courier services. Where a seller disputes the determination, the seller may seek redress through the dispute mechanism described in Section 7.
4.4. No recognition of right of possession
The cancellation of the transaction and the refund of funds do not imply recognition of any right of lawful possession, use, or resale of the item by either party. This provision reflects the contractual terms agreed to by all platform users and does not constitute a unilateral determination of property rights.
5. Verification and withdrawal of suspected counterfeit items
Following a determination under Section 3, Vendora may, at its sole discretion, apply one of the following procedures to ensure the item is removed from circulation. The applicable procedure will be communicated to the buyer in the statement of reasons.
5.1. Procedure A: return to Vendora for verification and withdrawal
Vendora may request that the buyer ships the item to Vendora exclusively for the purposes of verification, removal from circulation, and potential destruction. In such cases, Vendora covers reasonable shipping costs and assumes responsibility for the handling of the item within this limited scope and in accordance with applicable law. Vendora does not act as a reseller or commercial distributor of the item at any stage of this process.
5.2. Procedure B: declaration of withdrawal by the buyer
Where Vendora determines that physical receipt of the item is not required, it may request that the buyer provide a written declaration confirming that the item:
- will not be used;
- will not be resold or made available to any third party; and
- will be permanently withdrawn from circulation through destruction or another lawful method.
The submission of this declaration is encouraged and constitutes a condition of good faith cooperation with the platform. However, the buyer’s right to a refund under Section 4.2 is not conditional on the submission of this declaration. A buyer who refuses to submit the declaration without reasonable cause may be subject to account restrictions in accordance with the Terms of Use.
Where the buyer submits the declaration, Vendora bears no further responsibility for the manner, timing, or process of the destruction or withdrawal of the item.
6. Responsibilities
6.1. Buyer responsibilities
Following the cancellation of the transaction, the buyer is responsible for ensuring compliance with applicable national legislation regarding the storage, transport, destruction, or surrender to competent authorities of the item in question. Vendora provides guidance where appropriate but bears no responsibility for the buyer’s actions or omissions in this regard, except where expressly stated otherwise in this policy. The buyer is encouraged to contact the competent national authorities if in doubt about the appropriate course of action.
6.2. Seller responsibilities and sanctions
The seller bears full responsibility for the legality and authenticity of all items listed on the platform. Where Vendora determines that a seller has listed a counterfeit or illegal item, Vendora reserves the right to impose proportionate measures, which may include warnings, temporary restrictions, suspension, or permanent account termination, in accordance with the Terms of Use and the principle of proportionality. The seller will be informed of any such measures and the reasons therefor, and may seek redress through the mechanisms described in Section 7.
7. Dispute resolution and redress
7.1. Internal complaint mechanism
In accordance with Article 20 of the Digital Services Act, any user affected by a decision taken under this policy may submit a complaint to Vendora’s internal complaint handling system within 30 calendar days of receipt of the statement of reasons. Vendora will review the complaint and communicate its reasoned decision within a reasonable timeframe. Complaints are reviewed by personnel who were not involved in the original decision.
7.2. Out-of-court dispute settlement
Users who are not satisfied with the outcome of the internal complaint process may refer the matter to a certified out-of-court dispute settlement body in accordance with Article 21 of the Digital Services Act.
7.3. Judicial redress
Nothing in this policy limits the right of any party to seek judicial redress before the competent courts of their jurisdiction in accordance with applicable law.
8. Data protection
Any personal data processed in connection with this policy is handled in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and Vendora’s Privacy Policy. Where Vendora takes action under this policy, the affected users will be informed of the processing of their personal data, the legal basis for such processing, and their rights as data subjects. Personal data collected for the purposes of this policy will not be retained longer than necessary to fulfil the purposes for which it was collected.
9. Cooperation with authorities and rights holders
Vendora cooperates with competent law enforcement authorities and intellectual property rights holders in accordance with applicable law. Vendora may share information with such parties where required by law or where necessary to prevent the circulation of counterfeit or illegal items. Such cooperation does not extend beyond the obligations imposed by applicable legislation and is carried out in accordance with the data protection principles set out in Section 8.
10. Platform discretion and good faith
Vendora reserves the right to assess each case on an individual basis, exercising reasonable judgment and acting in good faith. The measures described in this policy are applied proportionately, taking into account the available evidence, the severity of the suspected infringement, the conduct of the parties, and the need to protect the integrity of the marketplace and its community.
This policy does not create any rights or obligations beyond those arising from the platform’s Terms of Use, applicable legislation, and the contractual relationship between the parties.
11. Amendments
Vendora reserves the right to amend this policy at any time. Users will be notified of material changes in accordance with the Terms of Use. Continued use of the platform following such notification constitutes acceptance of the amended policy.
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