Terms & Conditions
TERMS AND CONDITIONS
2 Registration to the Platform
3 Protection of personal data
4 Items for sale
5 Conclusion of a sale and commission
6 Returns, refunds and resale
These terms and conditions apply to the relations between:
-Nuber Marketplaces, Rue du Torrent 17, 1800 Vevey, owner and editor of the website www.fashionfederation.ch, hereinafter referred to as Fashion Federation or The Platform, and
- The Internet User having agreed to the terms and conditions of Fashion Federation, hereinafter referred to as User, Buyer or Seller. The Sellers can be of two types: Private (physical person) or Pro ( shops or designers) .
The platform connects Sellers and Buyers wishing to sell new and pre-owned designer fashion and lifestyle items, and acts as a trusted third party between the Buyer and the Seller.
When an item is purchased through the website, the amount of the transaction is securely kept by Fashion Federation’s payment gateway provider. This sum is credited to the Seller according to the twice monthly pay-out schedule.
2. REGISTRATION TO THE PLATFORM
2.1. Creating an account
In order to use the Platform, the User must create an account. The User undertakes to update the information supplied to Fashion Federation as soon as possible, and takes full responsibility of the consequences of failure to update such information. The Private Seller User must be at least 18 years of age and the Pro Seller User must be the legal representative of a legal person.
The username and password are strictly personal and confidential. The registered User is only authorized to access the Platform using the username and password. The User agrees not to provide access to any other person under his identity or username.
As soon as an Item from a Pro Seller (shop or designer) has been sold on the website, the Buyer agrees that his full name, delivery address as well as his email address and phone number be revealed to the Pro Seller. The Pro Sellers agree to keep this information confidential and not to disclose it to other parties.
2.2. Rules of good conduct
The User undertakes not to provide their contact information (phone number, address, email ...) in their ads or in questions and answers relating thereto, or in the name or item description. Otherwise, Fashion Federation will remove this information without having made any prior demand to the Internet User.
The User undertakes not to use statements which are indecent, abusive, and defamatory or anything that may prejudice the reputation of other Users or of Fashion Federation. In case of non-compliance with this obligation, the Platform reserves the right to suspend or remove the User’s account without prior notice. Fashion Federation also reserves the right to remove any content it deems inappropriate and to delete the accounts of Users in some cases.
3. PROTECTION OF PERSONAL DATA
3.1. Fashion Federation undertakes not to infringe the privacy of Users of the Platform and the confidentiality of information provided.
When registering on the Platform, the User must provide personal information including name, surname, email address, date of birth. Some Users must communicate their landline and mobile numbers as well as information on their bank details and other optional information. The mandatory or optional data to provide is indicated at the time of their collection.
This collection takes place when registering to the Platform, updating the Personal Information page, creating a Profile, purchasing or selling of an Item, browsing on the Platform, consulting of the catalog Items and contact made with Customer Service.
By registering to the Platform, the Users agree to receive informative and commercial communications sent by Fashion Federation in the form of emails, newsletters or other types of notifications.
The address of a User (Buyer) will only be given to another User in the case of the purchase of an item from a Pro Seller, who need this information for the direct delivery, or in case of disputes not solved by the Platform amicably.
The personal data requested by Fashion Federation are needed to manage the actions performed by Users through the Platform, and to improve the quality of service provided by Fashion Federation.
3.2. The Users can at any time access personal information concerning them which they have submitted to Fashion Federation and thus make any necessary changes - including unsubscribing to newsletters and commercial offers. The User may also request corrections, additions, clarifications, updates or deletion; by contacting the Customer Service of Fashion Federation at the following email address: email@example.com
3.3. The Users accept that Fashion Federation archives all documents, information and records concerning their activity on the Platform.
3.4. The Users accept that Fashion Federation retouches photos of items that will be uploaded to maximize their visibility. The Users further agree that Fashion Federation may communicate on certain items that they have published for sale in different media including social media.
4. ITEMS FOR SALE
4.1. General Provisions
The Seller agrees to make sure that any item offered for sale must be available to them immediately and they must be either the owners of the item or have the right to sell it. The Seller agrees to make sure that the items corresponds to the description made through the platform, or else it will be refused by Fashion Federation’s control service and will be returned to the seller at the Seller’s own cost.
The Sale price of the Item may not be less than CHF 40.-
The Seller agrees to keep its current inventory updated. Should the Seller decide not to sell an item anymore or should that item not be otherwise available for sale, the Seller must remove the respective item from the Platform or inform Fashion Federation to do so by email at firstname.lastname@example.org, mentioning the name of the item.
4.2 Prohibition of Sale
Sellers agree not to offer for sale through the platform any Items infringing intellectual property rights (counterfeits).
To fight against the sale of counterfeit items, Fashion Federation will verify all items before delivering them to the Buyers, irrespective of their selling price. Fashion Federation requires the Seller to provide evidence of authenticity (certificate, invoice etc) whenever available in order to facilitate the authentication process. In case of doubt about the authenticity of an Item, Fashion Federation reserves the right to refuse sending the item to the buyer and will return it to the Seller. This item cannot be re-published for sale and the account of the Seller will be placed under scrutiny. If Fashion Federation has proof that the item is counterfeit, the Platform reserves the right to suspend or delete the User’s account and may inform the judicial authorities.
4.3. Modification of Listings
Fashion Federation reserves the right to alter and / or remove any Product Submissions or to request that the Seller alters and / or removes any Product Listings, especially if the Seller has not published the Item in the appropriate category or has contact information indicated in the Listing.
The Seller warrants to have the legal right of publishing all content including but not limited to product pictures, descriptions and graphics relating to the Product Listing. All Item photographs must be taken by the seller. Fashion Federation reserves the right to remove any published picture that was not taken by the Seller. Pro Sellers may use other images, provided this right was granted to them by the brand owners .
4.4. Setting the sale price
For Private Sellers: The Seller determines the Selling Price of the Item under their sole responsibility. Fashion Federation recommends that the Seller consults other pre-owned designer clothing websites in order to set a realistic selling price, and reserves the right to negotiate this price with the Seller if it is considered excessive. However, the Selling Price of the Item cannot be less than CHF 40.-
If in doubt when determining the Selling Price of an Item, the Seller may seek advice from Fashion Federation by sending an e-mail to email@example.com.
Fashion Federation may ask the Seller to adjust the price before approving the listing, whenever the Platform considers the prices not to be in line with the condition of the item, brand etc.
For new items listed by Pro Sellers, the selling price should be the same as or lower than the in-store price at that specific time, whether full price or discounted.
4.5. Miscellaneous regarding the sale of an Item
The Sellers are solely responsible for informing the Buyers of the essential characteristics of their Item. They are solely responsible for the description of the goods they sell. If an item does not match the description and condition when received by Fashion Federation, the Platform will ask for a price reduction and inform the Buyer. If both the Seller and the Buyer accept the new proposed price, the transaction will take place. Otherwise, the item will be returned to the Seller.
The Private Seller will not publish more than one Listing per Item. Fashion Federation reserves the right to remove any Listings that appear multiple times for the same Item. Pro Sellers may have multiple postings for one item only in those cases where they have several sizes of the same exact design.
4.6. Duration of Listing publication
Fashion Federation will feature the Seller’s Product Listing on the Platform until is it sold. The Sellers can decide at any time to remove their item(s) from the Platform. Fashion Federation marks the Seller's sold Item as “Sold” in the Listing immediately after a Purchase by a Buyer for the Item in question. The sold item will be removed from the Platform after 15 days from its purchase.
4.7. Reduction in prices of Items
Fashion Federation allows the Sellers to make price reductions of their listed items at any moment during the listing period.
The Platform may also perform, at any time and without prior warning to the Sellers, reductions of the Platform’s own commissions. The Platform may also make “free shipping” promotions, where the price of shipping to or from either the Seller or the Buyer is born by the Platform.
5: CONCLUSION OF A SALE AND COMMISSION
5.1. A pre-owned item Sale is concluded once Fashion Federation has received the item from the Seller, checked it and approved it.
If the item is approved, the Sale is considered final and the Platform dispatches the item to the Buyer and schedules the payment to the Seller. Both the Buyer and the Seller are notified by e-mail.
If the item is not considered to match the description, a negotiation will start, and the sale will only be concluded upon acceptance of the new terms by both Seller and Buyer.
If the item is rejected, both the Buyer and the Seller are informed. The Platform returns in this case the amount paid to the Buyer and the rejected item to the Seller.
If the item is found to be counterfeit, the Platform may inform the authorities.
The sale of a new item sold by a boutique/designer is concluded once the Buyer has concluded the check out process.
5.2 Payment methods
The Buyer may use the following payment methods:
- Accepted Credit cards via Stripe. By placing an order, the Buyer accepts Stripe’s Checkout terms and conditions.
Fashion Federation may include different types of payment methods for certain categories of merchants, and reserves the right to limit the Buyer to certain payment methods without owing any further explanation.
5.2.1. Payment Content and Process
The amount paid by the Buyer includes:
- The Item Selling Price as determined by the Seller;
- The Shipping price, unless the shipping costs are offered to the buyer as part of a promotion program, or when the item is bought from a Pro Seller. This price is added during the check-out process.
If the item is not approved by the Fashion Federation, the Buyer is reimbursed of the full amount. If the price of the item is negotiated by the Platform, the Buyer is debited of the new reduced price and the difference is reimbursed.
5.3.1. Delivery to the Buyer by Fashion Federation
Once Fashion Federation has received, checked and approved the item, it will be repacked with care in personalized Fashion Federation packaging and sent to the Buyer with Swiss Post Registered Services.
Fashion Federation does not stock items from Private Sellers, therefore when you purchase an item from a Private Seller do expect delivery time between 10 and 30 days.
5.3.2. Delivery to the Buyer by a Pro Seller
Pro Sellers deliver their sold items directly to the Buyer, packed in either the shop’s/designer’s own packaging or in personalized Fashion Federation packaging. The Seller shall retain evidence of shipping the package in the form of parcel tracking number and shipment receipt, in case of dispute.
For delivery time from Pro Sellers to Buyers, expect up to 15 days.
5.3.3. Delivery from Seller to Fashion Federation
When a Seller is notified the sale of one of their listed items, they must make their best efforts to deliver the respective item as soon as possible, and no later than 10 working days. If the Seller is travelling or otherwise unavailable, they must inform the Platform immediately by email and give the estimated delivery time. If the sold item is no longer available for sale, the Seller must inform the Platform immediately.
The Seller will send the item at their own expense to Fashion Federation. The item must be packed appropriately in order to avoid damage during transport.
To reduce risk of unsuccessful delivery, the Platform recommends the Sellers, both Private and Pro, to use Swiss Post Registered Services and to keep the tracking receipt in case of dispute.
5.4 Item Reception
If the Buyer is absent upon delivery, they are responsible to retrieve the Item at the Post Office as soon as possible. In the event that the Item is not retrieved, it will be sent back to Fashion Federation or respectively to the Pro Seller by the Swiss Post / other courier.
It is the Buyer’s responsibility to contact Fashion Federation in order to arrange for alternative delivery, at their own cost.
5.5. Seller Payment
5.5.1. The Seller authorizes Fashion Federation to receive, in their name and on their behalf, the price of the transaction through an electronic payment system put in place by the Platform or by any other means established by Fashion Federation.
5.5.2. As payment for the use of the Platform, following the acceptance of the Buyer's offer and the successful payment of the Transaction Price, the Seller authorizes Fashion Federation to deduct from the total price of the Transaction a specific Commission as defined in section 5.5.3 below. The commission is only owed on a successful sale.
5.5.3. All the Platforms’ prices and commissions are expressed in Swiss Franc (frs)
126.96.36.199 Commission and costs for Private Sellers
The fee is calculated as a percentage of the chosen selling price. The Platform charges 10% commission on sales, irrespective of the selling price.
The commission includes handling fees, which cover for check and authentication (where applicable), packaging and preparation for shipping.
Note: The market prices include VAT only for the items sold by Boutique Sellers.
188.8.131.52. Commission and costs for Pro Sellers
The fee is calculated as a percentage of the chosen selling price. The platform charges 10% commission on sales, irrespective of the selling price.
Note: The market prices include VAT only for the items sold by Boutique Sellers, and the commission is calculated on the price including VAT.
The Commission applies to all items sold on the site, regardless of listing date. Shipping costs are not included in the price used to calculate the Commission.
5.5.4. Provided that the transaction price was fully paid by the Buyer and received by Fashion Federation, the Price of the Transaction reduced by the Commission (and added by the Shipping costs where applicable) will be paid on the Seller's communicated bank or card account.
The Platform will wait the return notification time granted to the Buyer before scheduling the payment to the Pro Sellers. If an item bought from a Pro Seller is returned by the Buyer and accepted by the Pro Seller, the Platform will refund the Buyer of the entire amount paid.
If the Buyer did not retrieve the Parcel within the deadline set by the Swiss Post and that the Item is returned to Fashion Federation or the Pro Seller, Fashion Federation will pay the Seller and hold the item until the Buyer contacts the Platform to arrange for alternative delivery, at the Buyer’s expense.
5.5.5. The Seller agrees not to collect in any event an amount other than that equal to the price of the Transaction which excludes any other amount or any interest. The Seller refuses to take on any claims for any amounts or interests produced by the immobilization of cash collected on its behalf and for its account by Fashion Federation on the occasion of a sale.
5.5.6. The Seller agrees that the payment of the Sale be held after the Commission has been deducted by Fashion Federation and until pay-out is scheduled according to the Platform’s pay-out dates.
5.5.7. In order to be able to receive funds from Fashion Federation, both Private and Pro Sellers must provide the ID and legal documents requested by the Platform’s payment gateway when setting up their Seller Account or later when an item they listed has been sold.
5.5.8. The Item Selling Price, the Shipping Fees, Commission and the payment to the seller are defined inclusive of all taxes, where applicable.
5.5.9. In case of suspected fraud, Fashion Federation can ask the Seller to provide further proof of identity (copy of identity card, proof of address and / or copy of the card or other legal document). Fashion Federation reserves the right to suspend the transfer while awaiting the reception of these documents and their evaluation.
5.5.10 In the event of any dispute arising between the Seller, the Buyer, and/or Fashion Federation, the Platform reserves the right to suspend payouts or refunds while working to resolve the dispute.
6. RETURNS, REFUNDS AND RESALE
6.1. Resale of an item by the Buyer
When the Seller is a private individual, the Buyer cannot return the purchased item. The Platform offers accurate description of the item and relevant pictures to help the buyer in making the right purchase decision.
If the Buyer is not happy with the item purchased from a Private Seller, they may Resell this item through the Platform, by simply creating a Seller Account ( if they do not own one already) and re-listing the respective item. In case of a Resale, the Platform will not charge a commission but only handling fees, representing 10 frs irrespective of the price of the item.
6.2. Resale and Return of the Item
6.2.1. Resale for items bought from Private Sellers
Items bought from Private Sellers (pre-owned items) cannot be returned. However, if Buyers are unhappy with the item, they can resell it through Fashion Federation by clicking the Resell button next to the respective item in their order history. The Buyers have a maximum of 5 days from receipt of the item ( documented Post date) to Resell. Fashion Federation will not charge commission on this transaction, only handling fees representing 10 chf, irrespective of the price of the item. When the items is sold again, Fashion Federation will notify the Buyer ( who becomes a Seller in this case and must create a Seller Account) so they can send the item to The Platform, at their own cost. If the item is not offered for Resale within the 5 days from receipt, it will not qualify and will be considered a normal sale.
6.2.2 Returns of items sold by Pro Sellers (boutiques and designers)
If Buyers are sure they want to return an item, they must click the Return button next to the respective item in their order history.
The Buyer will receive an email with the return address, and the return is at The Buyer’s own expense. The Buyer must return the item within 7 days from its reception, and the Seller must receive it and notify us within 7 days from the Buyer’s return notification.
When the Seller notifies The Platform of the receipt and acceptance of the returned item, The Buyer will be refunded the amount paid for that respective item.
7.1. Fashion Federation cannot be held responsible for the content of ads, or for actions (or lack of actions) of Users, or for items listed up for sale.
Fashion Federation cannot be held responsible for defamatory, abusive or indecent comments posted by an Internet User.
Fashion Federation takes responsibility to only ship to the Buyer items that have been checked and deemed authentic and in conformity with their description and images. The Platforms reserves the right to refuse and/or re-negotiate an item that is not found to correspond to its description.
Fashion Federation does not intervene in the transaction between Buyers and Pro Sellers. Pro Sellers take full responsibility over the quality, safety or legality of the Items listed and the truth or accuracy of the content of Item Listings. In case of dispute, Fashion Federation reserves the right to communicate to the Buyer and the Pro Seller their respective contact details.
7.2. Fashion Federation reserves the right to suspend, without notice or compensation and without liability, access to the Site, temporarily or permanently. It does not guarantee that the site will be accessible without interruption. It may interrupt access to the Platform for reasons including maintenance and / or emergency. Additionally, Fashion Federation excludes all warranties, conditions or other provisions and cannot be held responsible for the loss of money or reputation or special damages, indirect or consequential, resulting to the use of the Site.
7.3. If the above paragraph does not apply and Fashion Federation is held responsible by a competent jurisdiction against a User or a third party, the responsibility of Fashion Federation cannot exceed the total amount of Commission that the User paid to Fashion Federation within the 12 previous months.
7.4. Fashion Federation is not responsible for the fraudulent actions of a third party and the possible consequences of the username and / or password of the Internet User.
7.5. In case of “force majeure” or in case of failure of the Fashion Federation hardware, software and / or the Internet network, and in case of suspension of access to the Platform, obligations of the parties to this contract are suspended.
7.6. Hypertext links on the Platform may refer to other sites. Fashion Federation is not responsible for the content or actions of these sites.
8.1. In the event that one or more provisions of these Terms would be discarded by legislative or regulatory provision or a court decision, all other provisions shall remain applicable.
8.2. By registering to the Platform, the User acknowledges having read, understood and accepted without reserve all the Conditions governing all relations between Fashion Federation, Sellers and Buyers. This acceptance shall take effect from the date of registration to the Platform by the User and applies to each Transaction, Listing, Advertisement, Buying and Selling action. These Terms and Conditions supersede any contractual document or ownership of the Seller or Buyer.
8.3. Fashion Federation has the right to modify these Terms and Conditions depending on the evolution of its offer and market, with or without a specific information action to the User. The User is therefore committed to regularly consult the Platform’s Terms and Conditions for any change.
The changes will take effect immediately for online offers upon notification to Users by any means chosen by Fashion Federation, for those changes that require information and/or acceptance by the User.
8.4. The present contract is concluded between the User and Fashion Federation for an indefinite period. It is terminable simply by notification at any time and without motif by either of the parties. By deleting an account from the Platform, the User or Fashion Federation automatically terminate the contract.
8.5. These Conditions do not create any agency relationship, outsourcing, joint venture or employee-employer relationship between Fashion Federation and the user.
8.6. The Platform, its content, its catalog, its text, illustrations, photographs and images are the property of Fashion Federation and/or third parties contractually bound to Fashion Federation, holders of intellectual property rights of the Platform. It is forbidden to reproduce, represent and/or operate all or part of the Site, its content, its catalog, its text illustrations, photographs and pictures without permission from Fashion Federation.
All brands represented in any way on the Platform or in the communication used by Fashion Federation belong to their owners.
8.7. For any information or questions, the Customer Service of Fashion Federation can be reached at the following email address: firstname.lastname@example.org
8.8. Relations between Fashion Federation (Nuber Marketplaces) and the client are governed by Swiss law. Any dispute concerning relations between Fashion Federation and the client, will be subject to the exclusive jurisdiction of the Swiss Courts at the headquarters of the company in Vevey, Vaud.