Terms and Conditions

Definitions

• Buyer: the user who purchases an item through the Platform.
• Seller: the user who sells an item through the Platform.
• Drop-off point: the location designated by Blaire where items are delivered or picked up.
• SNAD (Significantly Not As Described): An item is considered Significantly Not As Described when it is a different size, brand, color, condition, or type than stated in the product description, or when the item is found to be non-authentic.

About Blaire

Blaire V.O.F., with its registered office in Amsterdam, operates the online platform "Blaire" (hereinafter: the "Platform"). Through the Platform, users can offer clothing and selected accessories for sale and purchase.

Blaire acts solely as an intermediary by facilitating the Platform. Blaire is not a party to any agreement between users, does not buy or sell items itself, and never becomes the owner of the items offered or traded.

Blaire Services

Blaire offers a digital clothing trading platform, as well as additional services such as events and drop-off points. These drop-off points are not owned by Blaire. Blaire accepts no liability for any damage, loss, or theft that occurs there, unless there is intent or gross negligence on Blaire's part. Users remain responsible for their items at all times during transport to and from the Drop-off Points.

Blaire does not assume ownership or risk of the items, either temporarily or permanently. All risks and responsibilities for the item remain with the Seller until the item is physically received by the Buyer.

Use of the Platform

To use the Platform, the user must be at least 18 years of age and create a personal account. The Platform is intended for private use only. By registering, the user declares that they have read and agree to these Terms and Conditions, Blaire's Privacy Statement, and Cookie Policy. If the Terms and Conditions are amended, using the platform after the amendment also constitutes acceptance of the Terms and Conditions.

Contact Blaire

Users can report issues or suspected unlawful or inappropriate content via the designated form on the website. Blaire will handle reports as quickly as possible. For other questions or requests, please contact blaire.exchange@gmail.com.

Processing of Personal Data

Blaire processes personal data as the controller. Users have the right to access, correct, and delete their data as described in the Privacy Statement.

Permitted Items

Only clothing and selected accessories, including scarves, hats, beanies, gloves, and handbags, may be offered on the Platform. Footwear, underwear, and swimwear are not permitted. If you have any questions about whether an item is permitted on the Platform, please contact blaire.exchange@gmail.com.

Blaire reserves the right to refuse or remove items without giving reasons if it believes the item is unsuitable for sale on the Platform or violates these terms and conditions.

Use and Code of Conduct

It is prohibited to copy, reproduce, distribute, or publish the content of the Platform, in whole or in part, without prior written permission from Blaire.

Users may not perform any actions that are unlawful, unethical, or contrary to public order, safety, or the rights of third parties. It is prohibited to offer stolen, counterfeit, or copyrighted articles or to use external software (including scraping tools, bots, or automated scripts) during registration or use of the Platform or related services.

In addition, it is prohibited to publish content via the Platform that is discriminatory, hateful, sexist, racist, offensive, or otherwise unlawful.

Blaire reserves the right to independently assess whether conduct or content violates these terms or the spirit of the Platform. In that case, Blaire may, without prior notice, temporarily or permanently block accounts, content, or transactions. A blocked user loses access to their account and the ability to use the Platform.

Sales Process and Delivery

When a Seller sells an item through the Platform, they must deliver it to a Drop-off Point designated by Blaire within four (4) business days of the sale. After this delivery, the buyer receives a notification saying that the item is ready for pick-up. The Buyer must collect the item within four (4) business days of the availability notification.

The item remains the Seller's property until the Buyer physically collects it from the Drop-off Point. The Buyer has the option to file a report within two (2) calendar days of collection if the item is Significantly Not As Described (SNAD).

A local ambassador will conduct a visual inspection at the Drop-off Point, solely to promote the reliability of the Platform. However, Blaire and the ambassador are not liable for damage, depreciation, or inaccuracies in the item's description. Users are responsible for inspecting their own items. Ambassadors act solely as facilitators on behalf of Blaire and are not liable for any missed defects or damage, unless there is intent or gross negligence.

Blaire reserves the right to refuse or cancel transactions that violate the law, these terms, or the spirit of the Platform.

Blaire never holds the title to the paid amount and assumes no responsibility for transactions that cannot be completed or are reversed by the payment provider for any reason. Any losses or claims arising from such transactions are the sole responsibility of the Seller and/or Buyer.

Complaints and Refunds

The Buyer has two (2) calendar days after collecting the item to submit a complaint via the online complaint form on the website. This complaint can only pertain to cases where the item is Significantly Not As Described (SNAD). Complaints can only be submitted via the online complaint form on the platform or by email to blaire.exchange@gmail.com. Reports submitted via other channels will not be considered.

Blaire then independently assesses whether a complaint is justified and whether a refund will be granted.

A Buyer is not entitled to a refund if:

• Blaire determines that the item is not SNAD;
• insufficient proof is provided within the specified timeframe;
• the Buyer has previously confirmed that the item is in good condition;
• the complaint is submitted outside the specified timeframe; or
• the item has been used, washed, altered, or otherwise modified.

After the two (2) calendar day period has expired, the transaction is considered final and the right to a refund expires.

Payments and Escrow

All payments are processed through Mollie or Stripe. The payment provider temporarily holds the transaction amount in escrow until the Buyer has collected the item and the two (2) calendar day reporting period has expired.

For Regular Purchases: Payment is processed immediately upon checkout.

For Offers: Payment is required within 24 hours after the Seller accepts the offer. If payment is not completed within this window, the offer is automatically voided and the item returns to the marketplace.

The payout to the Seller will only take place after:

1. Payment has been successfully received by the payment provider
2. The Buyer has collected the item from the Drop-off Point
3. The two (2) calendar day complaint period has expired without valid SNAD claims

If a transaction cannot be completed due to an error or refusal by the payment provider, Blaire is not liable for delays or cancellations. Blaire does not guarantee that payments will always be successfully processed by Mollie, Stripe, or other payment providers. Any errors, delays, or rejections are beyond Blaire's control.

Any chargebacks or reversals are the sole responsibility of the Seller and/or Buyer, depending on the situation.

Costs and Fees

The Seller determines the selling price of their items and keeps 100% of that price. Buyers pay the item price plus a protection fee.

Current Fees:

• Seller fee: None - sellers keep 100% of the listing price
• Buyer protection fee: 8% + €1.50 (covers payment processing and buyer protection)
• Payment processing: Included in the buyer protection fee

All fees are clearly displayed before payment confirmation. For example, on a €20 item, the buyer pays €23.10 total and the seller receives €20.

Offer System

Buyers can submit offers on items listed for sale. The following rules apply:

Minimum Offer Threshold

All offers must be at least 70% of the asking price. Offers below this threshold will be automatically rejected by the system.

Binding Commitment

When a Buyer submits an offer, they make a binding commitment to purchase the item if the Seller accepts the offer. The Buyer cannot withdraw an accepted offer.

Seller Response Period

Sellers have 24 hours to accept, decline, or submit a counter-offer. If no action is taken within 24 hours, the offer automatically expires.

Counter-Offers

Sellers may submit one (1) counter-offer. The Buyer then has 24 hours to accept or decline the counter-offer. Counter-offers reset the 24-hour expiry timer.

Payment Window

Once an offer is accepted, the Buyer must complete payment within 24 hours. If payment is not completed within this timeframe, the offer is automatically voided and the item returns to the marketplace.

Item Reservation

When an offer is accepted, the item is immediately reserved for that Buyer and removed from the marketplace. Other pending offers on the same item are automatically declined.

Multiple Offers

If multiple Buyers submit offers on the same item:

• The Seller can accept any valid offer
• When one offer is accepted, all other pending offers are automatically declined
• Declined Buyers are notified immediately
• Only one Buyer can have an active accepted offer at any time

Platform Fees

All offers are subject to the same fees as regular purchases: sellers keep 100% of the agreed price, and buyers pay the buyer protection fee (8% + €1.50) on top.

No Cancellation After Acceptance

Once an offer is accepted by the Seller, the transaction cannot be cancelled by either party, except in cases where the item is Significantly Not As Described (SNAD) per our complaint policy.

AI-Generated Images

The Platform uses Google Gemini AI to enhance and process clothing photos uploaded by Sellers. These AI-enhanced images are for illustrative purposes only and may differ from the actual items in color, brand representation, or other details.

Original Photos: Original photos uploaded by Sellers are always stored and displayed alongside AI-enhanced versions.

Buyer Responsibility: Buyers are advised to base their purchasing decisions on the original photos uploaded by the Seller, not solely on AI-generated images.

By using the AI features, the user guarantees that they do not infringe any copyrights or other rights of third parties when uploading or generating images. Blaire is not responsible for any infringements resulting from the use of the AI features.

Blaire accepts no liability for any damage, loss, deception, or other consequences arising from the use of AI-generated images.

By using the AI features, the user agrees that input data (such as photos) may be processed by Google Gemini AI, which complies with GDPR standards and operates within the EU cloud region.

Termination of Accounts

A user can terminate their account by sending an email to blaire.exchange@gmail.com, stating their name and the email address associated with the account. Blaire may inquire about the reason for termination, solely to improve its services.

Blaire reserves the right to terminate accounts or restrict access for violations of these terms or if it deems this necessary to ensure the integrity of the Platform.

Changes to the Terms

Blaire may change these Terms and Conditions at any time. Minor adjustments, the addition of new features that do not disadvantage current users, or the resolution of security or technical issues may be implemented without prior consent.

Blaire will inform users in advance of any material changes. If a user does not agree to the amended terms, they may terminate their account free of charge.

Additional Liability

Blaire is not liable for indirect damages, consequential damages, lost profits, lost revenue, loss of data, or other damages not directly arising from the performance of these terms.

Blaire is not liable for damages caused by the actions or omissions of users, including loss or damage to items.

Nature of the Legal Relationship

These terms and conditions do not create a partnership, agency, or employment relationship between users and Blaire. Neither party is authorized to assume obligations or enter into agreements on behalf of the other.

Applicable Law and Competent Court

These Terms and Conditions are exclusively governed by Dutch law. Disputes arising from or related to these terms and conditions will be submitted exclusively to the competent court in Amsterdam, unless mandatory law prescribes otherwise.