General Terms and Conditions
Last update: 20.07.2020
The following general terms and conditions (hereafter referred to as “GTCs”) set forth the rights and obligations between Customers and PRELOVEDSTORY GmbH. “Customer” shall mean both the Principal as well as the Buyer of the products. PRELOVEDSTORY GmbH reserves the right to change the GTCs anytime without notifying the Customer. The most recent and legally binding version of the GTCs can be found on PRELOVEDSTORY GmbH’s website (www.prelovedstory.com). Each Customer is asked to read and accept the GTCs when an order (for buying or selling a product) is placed and these GTCs are then binding.
PRELOVEDSTORY GmbH can offer products owned by itself for sale. However, PRELOVEDSTORY GmbH mainly sells products in its own name but for the account of the Principal according to Art. 425 et sqq. of the Swiss Code of Obligations (Commission). In this case there is a legally binding contract of sale between the Buyer and the Principal. PRELOVEDSTORY GmbH is not a party to this contract of sale.
RECEIPT OF PRODUCTS
After consultation by telephone or in writing (e-mail), the Principal either delivers his products to PRELOVEDSTORY GmbH at his expense or PRELOVEDSTORY GmbH picks up the products at its own expense. The products should be in a cleaned and ironed condition. PRELOVEDSTORY GmbH reserves the right to either return uncleaned clothes or have them cleaned at the Principal’s expense. After selecting the products, the Principal and PRELOVEDSTORY GmbH agree on a commission agreement (hereafter referred to as “Commission Agreement”). With the confirmation of the Commission Agreement by both parties (a confirmation of the Commission Agreement via e-mail is sufficient) and the upload of the product on PRELOVEDSTORY GmbH’s website the products are deemed accepted by PRELOVEDSTORY GmbH for sale (hereafter referred to as “Date of Acceptance”). Products that are not selected for sale by PRELOVEDSTORY GmbH or for which the Principal and PRELOVEDSTORY GmbH could not reach a Commission Agreement will be returned by PRELOVEDSTORY GmbH to the address that the Principal specified in the Commission Agreement. If, for whatever reason, the products could not be delivered to the Principal and are therefore returned to PRELOVEDSTORY GmbH, PRELOVEDSTORY GmbH will inform the Principal about the failure of delivery by e-mail. The e-mail is deemed to be received by the Principal as soon as PRELOVEDSTORY GmbH sends the e-mail to the e-mail-address specified in the Commission Agreement. If the Principal does not reply to this e-mail providing a valid delivery address for the products within three months upon receipt of the e-mail sent by PRELOVEDSTORY GmbH, the products become the property of PRELOVEDSTORY GmbH, without the Principal receiving any financial compensation.
The commission period is specified in the Commission Agreement starting from Date of Acceptance. The commission percentage to be paid out to the Principal is also agreed in the Commission Agreement. Ultimately, the Principal will receive that percentage applied to the final selling price, which could be subject to negotiations with the buyer. All further details are agreed in the Commission Agreement.
The Principal and PRELOVEDSTORY GmbH agree in the Commission Agreement on how to proceed with the products after the commission period has expired. If PRELOVEDSTORY GmbH following the agreed proceeding is still not able to sell the products, PRELOVEDSTORY GmbH will inform the Principal by e-mail about the fact that the products could not be sold. The e-mail is deemed to be received by the Principal as soon as PRELOVEDSTORY GmbH sends the e-mail to the e-mail-address specified in the Commission Agreement. If the Principal does not reply to this e-mail or the Principal and PRELOVEDSTORY GmbH are not able the agree on a further proceeding on how to sell the products, PRELOVEDSTORY GmbH will return the products to the Principal to the address that the Principal specified in the Commission Agreement. If, for whatever reason, the products could not be delivered to the Principal and are therefore returned to PRELOVEDSTORY GmbH, PRELOVEDSTORY GmbH will inform the Principal about the failure of delivery by e-mail. The e-mail is deemed to be received by the Principal as soon as PRELOVEDSTORY GmbH sends the e-mail to the e-mail-address specified in the Commission Agreement. If the Principal does not reply to this e-mail providing a valid delivery address for the products within three months upon receipt of the e-mail sent by PRELOVEDSTORY GmbH, the products become the property of PRELOVEDSTORY GmbH, without the Principal receiving any financial compensation.
The commission period is specified in the Commission Agreement starting from the Date of Acceptance. In the event that the principal would like to have the commission product back earlier, PRELOVEDSTORY GmbH reserves the right to charge an expense allowance of CHF 100 per product reclaimed.
PRELOVEDSTORY GmbH takes every effort to display the products on PRELOVEDSTORY GmbH’s website as accurately as possible. PRELOVEDSTORY GmbH fully states the condition of each product. The products are presented in detail by detailed descriptions and photos. Defects are explicitly pointed out. The products offered may differ from the original in picture and color due to the internet browser or monitor used. The products offered are mainly second-hand and therefore naturally not in mint condition. PRELOVEDSTORY GmbH classifies the products in the following categories: 1) never worn/with tag 2) never worn 3) very good condition 4) good condition 5) fair condition (see detailed description of these categories as an Annex to these GTCs). These categories are only guidelines that give a general picture and are a non-binding assessment of PRELOVEDSTORY GmbH. The description and categorization of the products is to the best of PRELOVEDSTORY GmbH’s knowledge and belief, but PRELOVEDSTORY GmbH cannot be held liable for the information provided. Subject to the paragraph below (“AUTHENTICITY”), all liability for legal and material defects is excluded. The Principal’s liability towards the Buyer is limited to the same extent as PRELOVEDSTORY GmbH’s liability towards the Buyer. Furthermore, PRELOVEDSTORY GmbH cannot be held liable for damage to products, loss due to theft, burglary or in case of force majeure.
PRELOVEDSTORY GmbH reserves the right, but is not obligated, to limit the sale of its products or services to any person, geographic area, or jurisdiction. PRELOVEDSTORY GmbH may make use of this right on a case by case basis. PRELOVEDSTORY GmbH reserves the right to limit the number of products or services which PRELOVEDSTORY GmbH offers. PRELOVEDSTORY GmbH reserves the right to sell through third-party channels other that its own website.
The Principal assures that the product is his property. All products presented on the PRELOVEDSTORY GmbH website are authenticity checked to the best of PRELOVEDSTORY GmbH’s knowledge and belief. If, however, a Buyer receives a counterfeit product or a product that has been banned from sale, a Buyer may return the product to PRELOVEDSTORY GmbH and receive a refund provided that the Buyer proves that it is a counterfeit product or a product that has been banned from sale. PRELOVEDSTORY GmbH will rescind the contract of sale on behalf of the Principal. The Buyer has the right to ask PRELOVEDSTORY GmbH as the representative of the Principal for rescindment within three weeks from the date of the transfer of property. This right is granted exclusively to the Buyer and may not be transferred to third parties. The assertion of the claim is subject to a written complaint made by the Buyer immediately after discovery of the defect and to the return of the counterfeit product in the same condition as it was handed over and free from third party claims.
By submitting the commission products, the Principal assures that the products given in commission - as defined in the Commission Agreement - is authentic and genuine and is not plagiarism. The Principal is liable for all civil law claims that may arise from the sale of plagiarism. Furthermore, PRELOVEDSTORY GmbH is entitled to investigate doubts regarding authenticity. Independent of further possible claims, PRELOVEDSTORY GmbH will charge an expense allowance of CHF 500, should a piece prove to be not authentic. In case of a counterfeit PRELOVEDSTORY GmbH will report an offence.
Prices are displayed and charged in Swiss Francs (CHF).
The prices of the products are subject to change without prior notice. PRELOVEDSTORY GmbH reserves the right to change or interrupt the service (or any part or content of it) at any moment without prior notice. PRELOVEDSTORY GmbH will not be responsible to the Buyer or to third-parties for any eventual changes, price variations, or suspension or interruption of the service.
TERMS OF PAYMENT AND TRANSFER OF PROPERTY
Deliveries are only made by prepayment via PayPal or credit card payment (Visa or Mastercard). Property of a purchased product is transferred to the Buyer as soon as the purchase price (including VAT, if any) has been paid in full in CHF or EUR and PRELOVEDSTORY GmbH has been able to assign this payment to the product.
PRELOVEDSTORY GmbH delivers worldwide.
The delivery time within Switzerland is usually 2-4 working days, international deliveries may take longer depending on the country.
Shipping within Switzerland is free of charge; for international orders below CHF 500, we charge a flat rate of CHF 20.
Deliveries are usually sent by Swiss Post, GLS or DHL during normal working hours. The Buyer has to make sure that he is available to sign for his order when it is delivered, as the Buyer is solely responsible for the acceptance of his order upon delivery.
Ordered products can be returned within 7 days from the parcel reception date without giving reasons subject to a written request for return against an online store voucher in the amount of the product being returned. The voucher must be redeemed within one year or expires. PRELOVEDSTORY GmbH provides a paid return label for returns and can also pick up the items in person if located around the Zurich area.
All products must be returned intact and complete (with all accessories and elements received with the products themselves, in the condition in which they were delivered and with the labels attached) and will be closely examined by PRELOVEDSTORY. In the event that the product should not be in the same conditions in which it shipped, the request for return is void.
If it is found that the products which the Buyer seeks to return were not treated with the appropriate care, PRELOVEDSTORY GmbH reserves the right to not accept the return of the products. The Buyer, in addition, is responsible for any decrease in value of the product due to handling other than that necessary for the maintenance of its condition, characteristics and function of the product itself, or in the event of deliberate damage to the product, of an accident owed to the negligence of the Buyer or a third-party, of use of the product not in compliance with the instructions provided by the manufacturer, or of the modification, or even of a repair performed without the prior agreement of PRELOVEDSTORY.
Any complaints due to defects or due to incomplete or incorrect delivery must be notified to PRELOVEDSTORY GmbH in writing (e-mail) without delay, at the latest within 48 hours of receipt of the products. The Buyer bears the entire burden of proof for the subject of the complaint.
The e-mail-address for complaints and other declarations of intent is email@example.com.
RIGHT OF WITHDRAWAL
Ordered products can only be taken back in case of already existing damage which has not been described, against refund of the purchase price.
CONSEQUENCES OF WITHDRAWAL
If the Buyer revokes this agreement, PRELOVEDSTORY GmbH will refund the amount of the product. Subsequent costs or shipping costs if any will not be refunded. For any refund, PRELOVEDSTORY GmbH will use the same payment method the Buyer used in the original transaction and may refuse to refund the Buyer until PRELOVEDSTORY GmbH has received the products or until the Buyer has provided proof that he has returned the products. The Buyer must return the products to PRELOVEDSTORY GmbH immediately and in any event no later than 48 hours from the date on which the Buyer notifies PRELOVEDSTORY GmbH of the cancellation of this agreement. The Buyer shall only be liable for any loss of value of the products if such loss of value is due to handling of the products which is not necessary to examine the nature, properties and functioning of the products.
If at any time any provision or any portion of any provision of these GTCs is held to be illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of these GTCs, nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby, and the invalid, illegal or unenforceable provision shall be amended, interpreted or applied so as to produce as near as may be possible the economic result intended by these GTCs.
GOVERNING LAW AND PLACE OF JURISDICTION
The terms set forth in these GTCs are subject to and shall be governed and construed in accordance with Swiss law exclusively (excluding the conflict of law’s provisions thereof). To the extent permitted by law the Nations Convention on Contracts for the International Sale of Goods of Vienna dated 11th April 1980 shall be excluded. The place of jurisdiction shall be the courts of Zurich.
PRODUCT CONDITIONS - DEFINITIONS
0 - NEVER WORN, WITH TAG
A never-worn item with tag is an item which has never been worn and still has the original purchase hangtags on it (include a photo of the tag).
Eligibility criteria: No defects, Original purchase tags, No alterations
1 - NEVER WORN
A never-worn item without a tag is an item which has never been worn and shows no defects or alterations.
Eligibility criteria: No defects, No alterations
2 - VERY GOOD CONDITION
An item in very good condition is a second-hand item which has been only lightly used and extremely well maintained, which can show slight defects from usage. These must be mentioned in the description and visible on the photos.
Eligibility criteria: Slight wear from being used or well-done alterations which are mentioned in the description and/or visible in the photo. No damage to the material, no odour, no missing pieces.
3 - GOOD CONDITION
An item in good condition is a second-hand item which has been worn and well maintained. If the item has defects, they must be mentioned in the description and visible in the photos.
Eligibility criteria: Alterations mentioned in the description and/or visible in the photo. Slight wear to the material is accepted. No holes, tears, rust or odour.
4 - VINTAGE CONDITION
An item is not necessarily vintage from its age but has vintage features which give character to the piece. For example, the leather has developed an used patina due to frequent use. Typically items show more signs of wear (scuffed corners, used up hardware, etc.) but still correspond to PRELOVEDSTORY's high quality standards. All usage features or possible defects are mentioned in the description and clearly visible in photos.
Wear from being used mentioned in the description and/or visible in the photo. No torn corners, no broken parts.