1.1. These Terms of Service ("Terms") govern the relationship between:
- PLATFORM: Brecho.me, operated by ITTO OÜ. Contact: [email protected]
- SELLER: Individual or legal entity established in the European Economic Area (EEA) who accepts these Terms to sell products through the Platform.
1.2. Definitions:
- "Marketplace": Digital platform connecting sellers and buyers.
- "Stripe Connect": Payment processing system operated by Stripe, Inc.
- "Card Payments": Debit and credit card payments processed via Stripe.
- "SEPA Transfer": Single Euro Payments Area bank transfer.
- "Platform Fee": Commission of 9.75% on the value of each sale.
- "Payout": Transfer of sale value to the Seller, less applicable fees.
2.1. To register as a Seller, you must:
a) Be at least 18 years old;
b) Have full legal capacity under the laws of your EU/EEA member state of residence;
c) Be a resident of the European Economic Area (EEA);
d) Have a bank account in your own name within the SEPA zone;
e) Have a valid and accessible email address;
f) Complete identity verification via Stripe Connect.
2.2. Only ONE account per person is allowed. Duplicate accounts will be permanently deactivated, and balances may be held for up to 180 days.
2.3. You are responsible for:
a) Keeping your registration information up to date;
b) Protecting the confidentiality of your access credentials;
c) Immediately reporting any unauthorized use of your account.
3.1. The Seller assumes EXCLUSIVE RESPONSIBILITY for:
a) Quality, origin, authenticity, and condition of products sold;
b) Accuracy of descriptions and photographs in listings;
c) Delivery of products within the agreed timeframe;
d) Issuance of invoices when required by applicable EU or member state law;
e) Compliance with all tax (including VAT), labor, and regulatory obligations.
3.2. The Seller MUST:
a) Set a minimum price of EUR 1.00 per product;
b) Respond to buyer questions within 24 hours;
c) Ship the product within 10 business days after payment confirmation;
d) Photograph the product before shipping as proof of condition;
e) Provide tracking code when applicable;
f) Accept the Platform's dispute resolution process.
3.3. The Seller is PROHIBITED from:
a) Disclosing personal contact information (phone, email, social media);
b) Directing transactions outside the Platform;
c) Using third-party or internet photographs without authorization;
d) Making misleading advertising or deceiving the buyer, in accordance with the EU Unfair Commercial Practices Directive (2005/29/EC);
e) Using vulgar, offensive, or discriminatory language;
f) Suggesting alternative payment methods outside the Platform.
4.1. It is STRICTLY PROHIBITED to list:
CATEGORY A - Illegal Items (immediate ban + referral to authorities):
- Firearms, ammunition, explosives (EU Firearms Directive 91/477/EEC, as amended);
- Bladed weapons (knives, switchblades with weapon characteristics, subject to member state law);
- Drugs, controlled substances, narcotics;
- Stolen, robbed, or smuggled products;
- Human or animal organs.
CATEGORY B - Regulated Items (require specific license or certification):
- Medications, pharmaceuticals (EU Directive 2001/83/EC on medicinal products);
- Cosmetics with therapeutic claims (EU Cosmetics Regulation EC 1223/2009);
- Non-CE-marked medical devices (EU Medical Device Regulation 2017/745);
- Tobacco, e-cigarettes, smoking devices (EU Tobacco Products Directive 2014/40/EU);
- Alcoholic beverages (except empty collectible packaging);
- Radio and telecommunications equipment without CE marking (EU Radio Equipment Directive 2014/53/EU);
- Pressurised gas cylinders (EU Pressure Equipment Directive 2014/68/EU).
CATEGORY C - Platform Policy:
- Counterfeit, replica, brand imitation products;
- 100% digital products (courses, accounts, licenses);
- Expired products;
- Food and perishables;
- Future event tickets;
- Political or campaign material;
- Pornographic, obscene, or violent content;
- Products promoting hate, discrimination, or extremist groups;
- Credit/debit card machines;
- Lottery tickets, securities;
- Products subject to active safety recalls under the EU General Product Safety Directive (2001/95/EC) or the EU General Product Safety Regulation (EU) 2023/988;
- Children's products violating EU Toy Safety Directive (2009/48/EC) or EN safety standards.
CATEGORY D - Fashion and Apparel:
- Items in unwearable condition (without prior disclosure);
- Items with severe damage not described in listing;
- Items with undisclosed stains, tears, or odors.
4.2. Violation of this clause results in:
- Immediate listing removal;
- Account suspension or termination;
- Balance hold for up to 180 days;
- Referral to competent authorities when applicable.
5.1. The Seller will pay the following fees:
- Platform Fee: 9.75% of each sale value
- Payment Processing Fee (Stripe): approximately 1.5% + EUR 0.25 per transaction
- Net amount to seller: approximately 88.50%
Example for EUR 100.00 sale:
- Platform Fee: EUR 9.75
- Payment Processing Fee: ~EUR 1.75
- Net Amount: ~EUR 88.50
5.2. There is NO charge for:
- Registration or activation fee;
- Listing fee;
- Inactivity fee;
- Withdrawal or transfer fee.
5.3. The Platform Fee is automatically deducted at payout time. All fees are stated exclusive of VAT where applicable.
6.1. Payout Schedule:
- Sales from 1st to 15th: Payout on the 1st of the following month;
- Sales from 16th to 31st: Payout on the 15th of the following month;
- Average hold period: approximately 15 days.
6.2. Reasons for 15-Day Hold Period:
a) Chargeback prevention (payment disputes);
b) Fraud detection and suspicious activity;
c) Compliance with EU Payment Services Directive (PSD2) and anti-money laundering regulations;
d) Time for dispute resolution between buyer and seller.
6.3. Reserve Policy:
- New seller (0-30 days): 15% reserve
- Establishing seller (30-90 days): 10% reserve
- Established seller (90+ days): 0% reserve
- High chargeback rate (>2%): 20% reserve
- Active dispute: 100% of disputed amount
6.4. The Platform may hold funds for up to 180 days in case of:
- Ongoing security analysis;
- Suspected fraud or illegal activity;
- Court order or regulatory directive.
7.1. Buyer Rights (EU Consumer Rights Directive 2011/83/EU):
- 14-day withdrawal period for any reason (right of withdrawal);
- 2-year legal guarantee for lack of conformity of goods (EU Directive 2019/771).
7.2. Return Process:
a) Buyer requests return through platform;
b) Seller is notified and has 3 days to respond;
c) If approved, buyer ships product back;
d) Seller confirms receipt in good condition;
e) Refund processed within 14 days of receiving the returned goods, as required by EU law.
7.3. Return Shipping Responsibility:
- Withdrawal (14-day right): Buyer pays return shipping, unless Seller has agreed to bear the cost;
- Defect or product different from listing: Seller pays return shipping.
8.1. Platform Responsibility Model:
The Platform absorbs chargeback costs. The Seller will NOT be responsible for negative balances resulting from payment disputes.
8.2. Dispute Process:
a) Buyer opens dispute through platform;
b) Seller payouts are paused during analysis;
c) Seller has 3 days to present evidence;
d) Platform analyzes and issues binding decision;
e) If Seller doesn't respond, decision favors the Buyer.
8.3. Right of Appeal:
The Seller may appeal to the competent EU consumer protection body in their member state of residence, utilise the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr, or bring a claim before the competent court, if they disagree with the Platform's decision.
9.1. The Platform may suspend or terminate your account, at any time, for the following reasons:
a) Detection of fraud or suspicious activity;
b) Identity verification failure;
c) Violation of these Terms of Service;
d) Listing prohibited items;
e) Chargeback rate above 2%;
f) Account rejection by Stripe;
g) Court order or regulatory directive.
9.2. Termination Process:
- 5 business days advance notice (except fraud);
- Specific reason provided in writing;
- 30-day appeal period;
- Balances held for 60 days after termination (dispute window);
- Release after dispute period with no pending chargebacks.
9.3. Accounts terminated for fraud are PERMANENTLY banned. Creating new accounts is prohibited.
10.1. The Platform is NOT responsible for:
a) Quality, authenticity, or condition of Seller's products;
b) Delivery delays caused by carriers;
c) Seller's tax obligations, including VAT;
d) Disputes between Seller and original brand owners;
e) Technical failures of third parties (Stripe, banks, internet);
f) Force majeure events.
10.2. The Platform IS responsible for:
a) Processing payouts within the agreed schedule;
b) Responding to requests from consumer protection authorities and the Estonian Data Protection Inspectorate;
c) Protecting Seller's personal data in accordance with the General Data Protection Regulation (GDPR);
d) Indemnifying for failures demonstrably caused by the Platform.
10.3. Limitation of Damages:
The Platform's liability is limited to the LESSER value between:
a) Fees received by the Platform in the transaction in question; or
b) EUR 5,000.00 (five thousand euros).
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable EU or member state law.
11.1. The Seller agrees to indemnify and hold harmless the Platform, its representatives, employees, and partners against:
a) Third-party claims arising from Seller's listings or conduct;
b) Violations of these Terms;
c) Violations of laws or regulations, including EU regulations and member state legislation;
d) Violations of third-party rights (intellectual property, trademarks);
e) Non-compliance with tax obligations, including VAT;
f) Associated attorney fees and court costs.
12.1. The Seller is EXCLUSIVELY responsible for:
a) Registering for VAT in their member state of residence where required by law;
b) Issuing invoices when required by applicable EU or member state law;
c) Complying with VAT obligations, including the EU VAT Directive (2006/112/EC);
d) Declaring income in accordance with the tax laws of their country of residence;
e) Understanding and applying the reverse charge mechanism for cross-border B2B sales within the EU where applicable.
12.2. VAT NOTICE:
If your annual turnover exceeds the VAT registration threshold in your member state of residence (e.g., EUR 15,000 in many EU member states), you are required to register for VAT and charge VAT on your sales. Non-compliance may result in penalties from your national tax authority. Consult a tax advisor. Estonian e-Residency holders conducting business through Estonian companies should consult with the Estonian Tax and Customs Board (Maksu- ja Tolliamet) regarding their VAT obligations.
12.3. The Platform is NOT responsible for:
- Withholding taxes at source;
- Issuing tax documents on behalf of the Seller;
- Specific tax guidance.
13.1. The Seller's personal data is processed according to the Platform's Privacy Policy and the General Data Protection Regulation (Regulation (EU) 2016/679 - GDPR).
13.2. The Seller authorizes data sharing with:
- Stripe (payment processing);
- Buyers (name and address for deliveries);
- Authorities (when required by law).
14.1. These Terms are governed by the laws of the Republic of Estonia.
14.2. Dispute Resolution:
a) First instance: Platform mediation;
b) Second instance: EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr or competent consumer protection body in the Seller's member state;
c) Third instance: Harju County Court, Tallinn, Estonia, or the competent court in the consumer's member state of residence.
14.3. If you are a consumer, nothing in these Terms affects your right to bring proceedings before the courts of your EU member state of residence, in accordance with Regulation (EU) No 1215/2012 (Brussels I Recast).
15.1. These Terms may be amended at any time, with 30 days prior notice. Continued use after amendments implies acceptance.
15.2. The nullity of any clause does not affect the remaining provisions.
15.3. Tolerance regarding non-compliance with any obligation does not imply waiver.
15.4. Questions about these Terms can be sent to: [email protected]
By clicking "Accept Terms", you declare that you have read, understood, and agreed to all provisions above.