Seller Terms

SKIESDEALS provides a portal where the merchants can sell its services to Buyers worldwide. It is very important to us that SKIESDEALS is safe and reliable for both Buyers and Sellers, which is why we have implemented some important rules for selling on SKIESDEALS (the ‘Seller Terms’).

These Seller Terms also describe and set out certain rights and obligations under the  Contracts of Sale  you directly enter into with Buyers of your Offers. By agreeing to these Seller Terms, you agree in advance that the aforementioned rights and obligations are part of each Contract of Sale and that you will be bound by these terms towards your contractual counterparty. Consequently, such terms can be invoked against you and/or by you as part of the Contract of Sale. Such terms will supersede any terms in the Contract of Sale that are incompatible with them. In our Buyer Terms, you can find certain rights and obligations of Buyers under the Contract of Sale.

 

Article 1: Registering as a Seller

Before being able to provide any Offers at SKIESDEALS, you will need to register as a Seller:

  • You will need to create a Seller Account.
  • We may ask you to further identify yourself. To sell on our SKIESDEALS, we may ask you to provide additional identification information for verification using your company’s domain email, if applicable, Business Registration Number and VAT/GST Identification Number, in line with our Privacy Policy. Our payment service provider may also need this information before you will be able to sell or receive payments. You understand and agree that any refusal to provide requested information shall be a ground for refusal for SKIESDEALS to provide  any Services.
  • We charge a fee for your use of our Services.The seller commission is a combination of either a fixed fee and/or service fee of the Purchase Price (‘Seller Commission’), which will be deducted from the pay-out of the Purchase Price. If applicable, the Seller Commission will be increased by VAT/GST, taxes (such as withholding taxes), customs, duties, and levies that may be due. We also provide services and charge a fee to the Buyer. By accepting these Seller Terms, you explicitly consent to us charging a fee to both Seller and Buyer for the same transaction. SKIESDEALS reserves the right to adjust the Seller Commission Fee as it deems fit without notice.
  • Sellers are exclusively responsible for the Offers they offer for sale. The Seller is the party that offers an Offer for sale, not SKIESDEALS, and the Seller remains responsible for the compliance, the conformity, quality, safety, lawfulness, provenance and authenticity of the Offers they offer for sale and for the correctness, accuracy and completeness of the Offer descriptions and photographs. SKIESDEALS plays only a facilitating and supporting role by offering SKIESDEALS and supplementary pre-sales and after sales services.  

 

Article 2: Offering up Offers for auction

Make sure you are aware of the following when offering up Offers for sale in our SKIESDEALS. Make sure you’re aware of the following:

  • We will determine the suitability of your Offer. We will decide which Offers are suitable to be sold on our SKIESDEALS portal. We make this decision at our own discretion, and take into account such factors as the attractiveness, rareness, possible selling price of, and expected demand for the Offer in question. Regardless of SKIESDEALS’s admission of the Offer, you accept that you remain exclusively and ultimately responsible for the (conformity of the) Offer and its description as set out in more detail in these Seller Terms.
  • We require a correct, clear and comprehensive description of your Offer. When you submit Offers, you must provide clear and comprehensible information about the Offer. This information must include, but is not limited to, the following materials and information:
    • A correct, complete, and accurate description of the Offer;
    • Information about the condition and classification of the Offer,
    • Any other conditions related to the offer.
  • You are responsible for a correct Offer description. The responsibility for a correct Offer description remains with you, also if we propose or make changes and/or additions to the description of the Offer. You agree that we have the right to do this, for example, to ensure comprehensive information about the Offer is secured.
  • You are responsible that the Offer is in conformity with the description. You guarantee that each Offer you offer up for auction is in conformity with the Offer description, photographs and any other materials that were uploaded and that each Offer conforms to the reasonable expectations a Buyer may have of such a Deal.
  • You are responsible for your performance under the Contract of Sale. You guarantee that any conditions related to your offer are not contradictory to the Contract of Sale and Terms of Use. In case you have the possibility to upload additional terms and conditions to the standard Contract of Sale, you are obliged to carefully review whether any of your conditions are contradictory to the Terms of Use. In addition, you should pay specific attention to ensure (i) your conditions align with the conditions for the Contract of Sale as set out in the Terms of Use; and (ii) your conditions are in line with all applicable laws, including consumer laws.  
  • Withdrawal of Offers before or during the offer. You may withdraw Offers up until the Offers are published on our SKIESDEALS and are visible to other Users. After that time, you won’t be able to change the conditions attached to the offer or withdraw the Offer. If the SKIESDEALS has commenced and, after careful consideration, we decide to (i) amend the Offer description or remove any photos in case of a clerical error or (ii) remove your Offer from an SKIESDEALS (always only in accordance with these Terms of Use), you will be fully liable for any damages that may result from this and you will indemnify us for all claims from a third party (including a Buyer), costs and fees SKIESDEALS suffers or incurs as a result of the removal of your Offer from an SKIESDEALS. If you want us to remove an Offer after it has been published on the SKIESDEALS, you will need to provide us with documents, files, or other forms of proof giving the reason why it should be removed. You will need to provide the relevant proof upon our first request. If we decide that the proof is sufficient, we will consult with bidders and may, at our own discretion, remove the Offer from auction.

 

Article 3: Offers in auction

Once we’ve accepted your Offer and have put it in auction, other Users can place bids on it. By selling on our  SKIESDEALS, you agree with the following rules:

  • The Buyer and the Seller of an Offer enter into a Contract of Sale.At the end of the auction, you’ll automatically enter into a Contract of Sale with the highest bidder/s (the Buyer/s) of the Offer, depending on the number of items offered. 
  • We do not allow shill bidding.You are not allowed to bid on your own Offers or the Offers of someone related to you. You are also not allowed to have someone related to you bid on your Offers or to instruct someone to bid on your Offers. We call this shill bidding.
  • Offers you offer on SKIESDEALS will be exclusively offered here.You will not offer Offers through other sales channels while they are offered on SKIESDEALS. You will remove Offers from other websites, including online platforms, and your own or others’ (web) shops if they are in one of our auctions. This restriction is necessary, because selling an Offer through another sales channel while it is in one of our SKIESDEALS would mean that you will then be unable to perform your delivery obligation under the Contract of Sale. SKIESDEALS and the Buyer need to be able to trust that you will always perform your obligations under the Contract of Sale.
  • Obligation to pay commission. Sellers are also responsible for paying the commission to SKIESDEALS if they offer or reference their contact information, or ask for a buyer's contact information, in the context of buying for selling outside of SKIESDEALS, even if the item does not sell on SKIESDEALS.

 

Article 4: Payment of Offers

You will receive the Purchase Price (with the Seller’s Commission deducted) after (i) the Buyer has paid the Purchase Price. 

  • We may withhold payment. We may suspend your payment if the Buyer has given notice of a dispute caused by, for example, an alleged damage or non-conformity of the Offer.
  • Exchange rates may apply. We will set the exchange rate for each Offer at the rate that is applicable at the start of the SKIESDEALS. Even if the exchange rate changes during the offer period, the exchange rate we apply will remain the one that has been fixed at the start of the auction. You accept that you may be paid a lower (or higher) Purchase Price in your own currency than if we’d used the exchange rate applicable at the end of the auction period or when the Purchase Price was paid. We may also round the Purchase Price off to the nearest whole currency unit before we pay you.
  • We may cancel transactions if the Buyer doesn’t pay.If the Buyer doesn’t pay in accordance with their obligations under the Buyer Terms, we may send them payment reminders. If the Buyer does not pay within the set time, regardless whether SKIESDEALS has sent payment reminders, you agree and acknowledge that we may cancel the transaction. Cancellation of the transaction is not the same as a dissolution of the Contract of Sale. Cancellation of the transaction means that the facilitating role of SKIESDEALS in the conclusion and/or performance of the Contract comes to an immediate and irrevocable end. Once we have cancelled the transaction, you can decide to either re-offer the Offer or liaise directly with the Buyer to enforce your rights under the Contract of Sale. You agree that we can never be held liable for any non-payment or late payment by any Buyer under the Contract of Sale or for our cancellation of a transaction. 
  • Payments are governed by the terms of our payment service providers. We work with payment service providers to handle all payments in a safe and secure manner. Payment processing services on SKIESDEALS are provided by our payment service providers including but not limited to Stripe and Paypal, depending on which country you’re in. These payment processing services are subject to the respective terms of our payment service providers.
  • We reserve the right not to pay you. If you have not acted in accordance with our Terms of Use, we reserve the right not to pay you for the relevant Offer. In these cases, you agree and acknowledge that you will forfeit any claims you might have against us for such payments.
  • No violation of law. You may not use a financial institution or other third party that would result in or cause a violation of law applicable to any of the parties, including any economic sanctions laws and regulations applicable to SKIESDEALS.

 

Article 5: Failure to fulfil your obligations towards the Buyer

If you fail to fulfil your obligations towards the Buyer under the Contract of Sale, you will be in default and the Buyer will be entitled to dissolve the Contract of Sale. We may send you a notice of default and a notice of dissolution on behalf of the Buyer, but we are not obliged to do so. In case of dissolution of the Contract of Sale you will compensate the Buyer‘s damages, without prejudice to any other rights of the Buyer. This includes reimbursing the Buyer for any Purchase Price you have already received from them. We will not be responsible for this reimbursement. All liability in relation to your obligations towards the Buyer will ultimately lie solely with you. This includes, but is not limited to, the obligation to deliver Offers in conformity with the provided Offer description and photographs.

 

Article 6: Failure to fulfil your obligations towards SKIESDEALS

If you fail to fulfil your obligations towards SKIESDEALS under the Terms of Use, we may decide to cancel the transaction of the relevant Offer. This cancellation is not the same as a dissolution of the Contract of Sale and the Buyer is free to obtain his rights under the Contract of Sale with you directly. If we cancel the transaction, we can hold you liable for any and all damages and costs we sustain and/or incur as a result of the cancellation. This means you will still owe us the Seller commission in addition to any other damages. You will also be liable for the amount of the Auction Fee that we missed out on due to the cancellation. 

 

Consequences of your failure to comply with our Terms of Use

If you have breached our Terms of Use or/and you have repeatedly received poor ratings or we are made aware of issues with your conduct or behaviour, or we believe in good faith that they are necessary to protect SKIESDEALS, other Users, or it is in the general (public) interest (for example to prevent fraud or other illegal activities), we may take one or several of the following measures:

  • Temporarily or permanently limit your access to SKIESDEALS or your authorisation to sell and/or bid on Offers;
  • Temporarily or permanently revoke any special status associated with your Account and/or immediately terminate any commercial contracts which were concluded with you;
  • Temporarily or permanently limit your access to your Account;
  • If you (i) have not provided accurate bank, contact, or identification details upon our first request within a reasonable period, (ii) have been flagged by our payment service provider(s), or (iii) SKIESDEALS determines or is otherwise directed by any competent authority that it would be prohibited or sanctionable under any economic sanctions laws and regulations applicable to SKIESDEALS to perform any Services to you, you will be in default and (a) any payment (including a refund) may be withheld or (b) you will forfeit the right to receive payment (including a refund)), in addition to, and notwithstanding SKIESDEALS’s right to take any other measures.
  • If a Buyer pays for a Deal via credit card and, due to your failure to comply with your obligations under these Seller Terms, files a successful chargeback, we are allowed to (i) block your Account, (ii) set-off or take recourse to any claims we have towards you, to satisfy the chargeback and any other costs involved (iii) block any future payments to you, and (iv) initiate legal proceedings against you.


If one or more of these measures are taken, we will inform you via email (on your most recently verified email address), stating the reason why this/these measure(s) was taken. In our Help Centre, you can find more information on the grounds on which we can restrict, suspend or terminate access to your Account.

 In case we decide to permanently limit your access to your Account (i.e. terminate your Account), we shall try to inform you of the reasons thereof 30 (thirty) days before we terminate your Account. This 30 (thirty) day notice period shall not apply if:

  • We are subject to a legal or regulatory obligation which requires us to terminate the whole of our Services to you;
  • We exercise a right of termination under an imperative reason pursuant to European and/or national law;
  • You have repeatedly infringed our Terms of Use.
  • You have made a sales agreement with a User outside the SKIESDEALS of SKIESDEALS, with the aim of avoiding commission or Auction Fees.

The above does not in any way prevent us from initiating legal proceedings against you.

If your Account is terminated or access to your Account is suspended while you still have certain obligations towards another User under a Contract of Sale, we are entitled to cancel the open transactions. If you have outstanding payments due to you, you’ll receive the relevant amount minus the amount of damages we incurred from your failure to act in accordance with our Terms of Use,  to the extent permitted by applicable law, including any applicable economic sanctions laws and regulation.

We are also allowed to impose an immediate payable penalty of USD1,000 (one thousand united states) for every violation of our Terms of Use, including these Seller Terms, without prejudice to our right to recover the actual damages. We try to give a warning before imposing this fine. However, for a severe infringement, we will not give notice before imposing this fine. The penalty will increase by 10% (ten percent) for each subsequent violation of our Terms of Use. If possible, we will set-off or take recourse to any payouts (including payouts from Buyers to you) to settle this penalty in accordance with our Terms of Use. 

Article 7: Disputes with other Users

We expect Users to resolve any dispute between themselves. SKIESDEALS will render reasonable efforts to mediate between you and the Buyer. In order to safeguard our rights and obligations under the Terms of Use, any complaints and disputes between you and the Buyer must be reported to us as soon as possible after the relevant issue has arisen.

 

Article 8: Data

In our Privacy Policy you can find which data we process, how and why we process it, and what your rights are. However, it might also be relevant for you to know which data generated by our Services is available to you as a Seller.