TERMS AND CONDITIONS PRE-OWNED THE STUDIO

Article 1 General, Definitions And Applicability

1.1 

Pre-owned the Studio is a general partnership, with its registered office in (postal code) Amsterdam, with address Blasiusstraat 4-3 1091 CR, registered with the Chamber of Commerce under number 84926465, hereinafter referred to as “Pre-owned”.

1.2 

In these General Terms and Conditions, the following definitions apply:

Account: a personal login with which Users can easily and safely use the services of the Webshop (buy and sell).

Account Holder: Any person aged 18 years or older who has an Account with Pre-owned.

Advertisement: a combination made by Pre-owned of the text and/or images supplied by Users.

Content: (digital) information such as text, data, moving, still and graphic images and information in other form, which are located on www.pre-owned thestudio.com.

User: any Account Holder, Buyer or Seller.

Design item(s): items offered by the Seller (whether or not on consignment) via Pre-owned, or delivered, new and worn garments, as well as all

related items in the broadest sense of the word.

Buyer: any person of 18 years or older who places an order in the Webshop of Pre-owned.

Agreement: any agreement between Pre-owned and a User.

Full Service Solution: the service provided by Pre-owned for the benefit of Sellers whereby Pre-owned items collect, describe, photograph and offer for sale on behalf of Sellers in the Webshop.

Seller: any person of 18 years or older with domicile in the Netherlands or Belgium, who offers Items via the Full Service Solution to the Buyer via the Webshop of Pre-owned. If the Seller qualifies as a trader within the meaning of Article 6:230(1)(b) of the Dutch Civil Code, additional conditions must be agreed upon.

Conditions: these General Conditions

Webshop: the online sales operated by Pre-owned via the Website

Website: www.pre-ownedthestudio.com

1.3

The Terms and Conditions apply to all Agreements as well as to the conclusion and

preparation thereof, whether or not concluded remotely, between Pre-owned and every User who uses the Webshop. Account holder, Seller and/or buyer are deemed to have accepted these terms and conditions when using the Webshop.

1.4 

The User can only invoke stipulations that deviate from these Terms and Conditions if and insofar as they have been accepted by Pre-owned in writing (by e-mail).

1.5 

If a provision of these Terms and Conditions proves to be void or voidable, it will be replaced by a valid provision that corresponds as much as possible to the intent of the voidable or voidable provision. The other Terms and Conditions remain in full force and effect.

1.6 

Pre-owned is authorized to (partly) transfer the rights and obligations arising from an Agreement to a third party without the User's prior consent.

1.9 

Pre-owned has the right to change these Terms at any time. These amended, new Terms will be posted on the Website. For this reason, the User should regularly consult the Website.

Article 2 Offers and conclusion of the Agreement

2.1 

All offers and promotions placed on the Website by Pre-owned are without obligation. If an offer has a limited period of validity or if conditions are attached to it, this will be explicitly stated in the offer on the Website. An offer lapses if Item(s) to which the offer relates are no longer available in the meantime.

2.2 

The Webshop contains as complete and accurate as possible a description of the Items offered. Pre-owned makes every effort to ensure that the content of Advertisements and offers is as complete as possible, but no rights can be derived from this.

2.3 

The account between Pre-owned and User will not be established until Pre-owned has expressly confirmed the creation of a new Account in the Webshop to User by e-mail.

2.4

The Agreement between Pre-owned and the Buyer is not concluded until Pre-owned has expressly confirmed the order for the Item(s) via the Webshop to the Buyer by e-mail.

2.5

The Agreement between Pre-owned and Seller via the Full Service Solution will not come into effect until the Item(s) have been received by Pre-owned and such receipt has been expressly confirmed to Seller by e-mail, or on the the moment a loose sale Agreement is signed.

Article 3 Provisions relating to Account Holders of the Webshop

3.1

By creating an Account in the Webshop, Account Holder accepts the Terms and Conditions and Account Holder acknowledges to be aware of the Privacy Statement of Pre-owned on the website.

3.2 

Pre-owned takes the privacy of its Account Holders very seriously and will process and use all information about Account Holders (and Users in general) in a secure manner. The Privacy Statement extensively states which data Pre-owned processes and for what purpose.

3.3 

Account Holder can cancel the Account with Pre-owned at any time by submitting a written request by e-mail to info@pre-ownedthestudio.com. Pre-owned will then endeavor to close the Account as soon as possible and to confirm this emphatically by e-mail.

Account holder can then no longer log in to the Webshop and use the

services from Pre-owned. In addition, the account holder will no longer receive an e-mail from Pre-owned and can no longer be found in the Webshop.

3.4 

Pre-owned strives to process a request for deregistration from an Account Holder within 5-10 working days after receipt of the request, but it will go through the following steps that can have a delaying effect on this process:

a If there is an open purchase or sale agreement, it must first be successfully settled (in the case of an open transaction, the Buyer must have received and paid for the Item in good order);

b It is possible that a data processor with which Pre-owned cooperates uses a longer term, whether or not to comply with the Agreement.

3.5

Data that is necessary for administrative purposes (for example, order data), legal obligations, or data that is necessary for the execution of an Agreement, will be kept for legal reasons for as long as necessary for the purpose in question. This data will of course be stored in a secure manner.

Article 4 Provisions relating to Sellers through the Full Service Solution

4.1 

Any User with suitable Item(s) can contact the Website via the contact form, or make an offline appointment to return Item(s). Pre-owned then checks (by telephone, e-mail or physically) whether the Item(s) are eligible for sale via the Full Service Solution. This service is exclusive and only applies to Item(s) of the best brands and/or significant value.

A Upon online acceptance: The Seller sends the Item(s), with a prepaid address sticker and sales Agreement, sent by Pre-owned to the potential Seller. The stamped shipping package with Item(s) and the completed Agreement with the name, IBAN and contact details of the Seller, must be handed in to the logistics service provider who takes care of shipping to Pre-owned;

B In case of offline acceptance: Seller physically hands in the Item(s) to Pre-owned, accompanied by a completed sales agreement with the name, IBAN and contact details of the Seller;

4.2 

By offering Item(s) for sale through Pre-owned's Full Service Solution, Seller warrants that:

a He/she is the rightful owner of the Item(s);

b He/she is not a trader within the meaning of Section 6:230(1)(b) of the Dutch Civil Code;

c He/she is fully authorized to sell the Item(s);

d The Item(s) may be legally sold through Pre-owned;

e The Item(s) are not stolen or counterfeit/fake;

f The Item(s) correspond to the description and statements made by the Seller during the intake process (physical or online);

g The Item(s) are shipped or delivered in accordance with the Pre-owned quality guidelines (see article 4.3);

h The Item(s) are delivered clean and tidy, if applicable steamed and/or ironed;

i The Item(s) do not contain any holes, discolorations or visible signs of wear.

4.3 

Pre-owned has the discretion to determine whether the Items submitted or submitted are eligible to be included in the Webshop and will notify the Seller of this by e-mail. Pre-owned uses (among others) the following quality guidelines:

a Pre-owned only accepts Items of the highest quality;

b Pre-owned only accepts Items that fit into its range;

c Pre-owned only accepts high-end designer brands.

d Pre-owned will not accept items that Pre-owned suspects may not be authentic or counterfeit;

4.4 

If Pre-owned assesses the received Item(s) as not clean or salable, Pre-owned has the right at all times to return the Item(s) concerned at the expense of the Seller. When payment has been made by the Seller, Pre-owned will return the Item(s).

4.5 

Seller gives Pre-owned the right to determine the suggested retail price for which each Item is included in the Webshop. Seller determines the final selling price of the item. Any discount of the Item(s) is made in consultation with the Seller.

4.6 

The Items received will be prepared for sale by Pre-owned as soon as possible (including description, photography, etc.) and placed in the Webshop.

4.7 

The intellectual property of the Advertisement belongs to Pre-owned. Pre-owned is free to also offer the Advertisement on behalf of other Sellers on its platform as soon as an Item is resold (see also article 6).

4.8 

The consignment period is at least two months from the day the Seller receives a confirmation email from Pre-owned that the Items have been accepted. Interim reclaiming of Items by the Seller is not permitted under any circumstances. Once placed in the Webshop, they will be offered for a minimum of thirty days in total.

4.9 

Pre-owned is entirely free to determine and implement its marketing and sales policy, including the way in which it offers Seller's item(s) for sale to the public via the Internet.

4.10 

Pre-owned is entirely free to offer Seller Item(s) for sale offline during the consignment period. For example through events.

4.11 

Pre-owned will make every effort to find a suitable Buyer for the Item(s) for sale and is free to involve third parties in this and to use other (marketing) channels.

4.12 

Pre-owned determines, with due observance of the provisions of article 4.8 of these Terms and Conditions, when an Item is removed from the Webshop and whether the Item is kept for later re-posting in the Webshop. If Pre-owned determines that an Item can no longer be sold, it will inform the Seller of this.

4.13 

For each Item sold through the Full Service Solution, Seller will receive a percentage of 70% of the item price accepted by Seller. The item price is the price as stated on the Webshop and accepted by the Buyer, less the costs for shipping to the Buyer of € 15.00 per item. This amount will be transferred to the Seller within 21 days, after the Buyer has received the Item (good) and has not withdrawn it within 14 days. The amount will be transferred to the IBAN number specified by the Seller. Pre-owned is entitled to the remaining percentage of an Item's sales proceeds ("Commission"). Pre-owned will pay the VAT on this margin.

4.14 

Payments are made digitally, as indicated in more detail via the website pre-ownedthestudio.com.

4.15 

Once an Item has been sold to a Buyer, Pre-owned will notify the Seller by email. Pre-owned will then ensure that the Item is delivered to the Buyer quickly and in good order.

4.16 

In the event that an Item is returned by a Buyer, Pre-owned will notify the Seller by email within 14 days after Pre-owned has received the Item back and put the Item back for sale as soon as possible in the Webshop.

4.17 

The Agreement between Pre-owned and a Seller ends upon expiry of the consignment period. Pre-owned will notify the Seller of this and the (remaining) Items will be returned.

4.18 

The Agreement between Pre-owned and a Buyer ends when the Buyer has paid the purchase price of the relevant Item(s) and the withdrawal period as referred to in Article 5 of these Terms and Conditions has expired.

4.19 

No Item(s) given on consignment by the Seller are insured by Pre-owned against fire and/or water damage. These Item(s) given on consignment are therefore at the Seller's own risk at Pre-owned or at a third party appointed by it (storage/shipping house). Pre-owned does not accept any liability for damage or loss of property of Sellers or Buyers, unless there is intent, gross negligence or willful recklessness.

4.20 

If the Seller has a complaint about the service or the placement of the Item(s) in the Webshop, he/she must report this as soon as possible (within 7 days) by e-mail (info@pre-ownedthestudio.com) to Pre -owned to report. Pre-owned will make every effort to resolve this complaint to the satisfaction of the Seller.

Article 5 Right of withdrawal buyer/consumer

5.1

No returns or refunds are accepted.

All items are sold as described in the advertisement. If you have any questions about an item, please send us an email, whatsapp message or Instagram Direct Message. We will do everything we can to assist you with your decision.

If you would like to receive more information, photos or videos, we will be happy to send them to you. It is also possible to schedule an appointment in our showroom so that you can see the bag in person.



All items that Pre-owned the Studio offers for sale may show varying degrees of wear. Pre-owned the Studio offers items in various states from new to well-worn. Naturally, any defects will be reflected in the price of the item.

Article 6 Buy design items

6.1 

Despite the high quality of the photographed and described Item(s) in the Advertisements, the Buyer must take into account the fact that certain elements may deviate slightly from the actual condition. For example, colors in the photo may differ from the actual colors. With the Item(s) offered, the sizes are stated, if applicable, according to European standards. In case of doubt about an Item, a (potential) Buyer can

contact Pre-owned for more information via email info@pre-ownedthestudio.com.

6.2 

The Item(s) offered on the Webshop are in good condition, of high quality and will be shipped as soon as possible

clearly and truthfully as practically depicted and/or described. Inherent in whether or not

used vintage design clothing is that these can show signs of use, which are also truthfully stated by Pre-owned.

6.3 

The Item(s) offered on the Webshop are offered on behalf of the Seller and

in the event of a sale Pre-owned collects the purchase price from the Buyer on behalf of the Seller.

6.4 

At the time of making available, the Buyer must examine the Item immediately. In the event of an incorrect shipment, or if an Item is noticeably damaged or deviates significantly from the (visual and/or textual) description in the Webshop, the Buyer must notify Pres by e-mail within 48 hours of receipt. -owned stating the corresponding order and item number. If possible, Pre-owned will make every effort to resolve this situation

to the satisfaction of the Buyer.

6.5 

The right of return depends on the respective sales service. The online right of return is 14 calendar days, under the conditions mentioned in article 5. Items that are purchased for activities and/or events (offline) cannot be returned;

Article 7 Delivery and shipping costs

7.1 

The place of delivery is the delivery address that the Buyer has made known to Pre-owned via the Webshop. As long as Pre-owned has not received a change of address, the Buyer is deemed to reside at the last address known to Pre-owned. If the address is not (correctly) made known to Pre-owned, then Pre-owned is not responsible for any

incorrectly delivered package and any additional costs for resending will be borne by the relevant Buyer.

7.2 

The order will be shipped via a logistics provider to be designated by Pre-owned. The sales price of the Items, as stated on the Webshop, includes handling and shipping costs for shipping addresses in the Netherlands or Belgium. For orders that are sent to addresses in other (EU) countries, an extra surcharge for shipping costs will be added to the total amount.

7.3 

Pre-owned strives to deliver a sold Item to the Buyer within 24 hours, if ordered before 14:00 on working days, but is not liable for any delay in this process.

7.4 

Each shipment is provided with a Track & Trace number that the Buyer receives by e-mail and with which he/she has insight into the status of the shipment via a web link.

7.5 

If the item has not been sent within 10 calendar days, or if the order cannot or only partially be executed, the Buyer will be notified as soon as possible. In that case, the Buyer has the right to dissolve (part of) the Agreement without costs, in which case Pre-owned will refund the amount paid (excess) by the Buyer as soon as possible, but at the latest within 30 days after termination.

7.6 

The buyer is obliged to take delivery of the Item(s) delivered by Pre-owned at the moment they are made available to him/her. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, Pre-owned is entitled to store the Item(s) at the expense and risk of the Buyer.

7.7 

Pre-owned reserves the right to make partial deliveries to Buyer so that an order can be shipped in two or more shipments (for example, in the event that Buyer has purchased multiple Items from different Sellers).

7.8 

The risk of loss or damage to the Item(s) rests with the Seller until the moment of receipt by the Buyer.

Article 8 Pricing and payment

8.1 

The price awarded by Pre-owned to each Item also depends on

the quality, brand, marketability and condition of an Item.

8.2 

The prices stated in the Webshop are in Euros including VAT and include a basic surcharge for

shipping costs of € 15

,00 per item for shipping within the Netherlands and Belgium.

8.3 

After placing an order in the Webshop, Pre-owned confirms this order stating the total costs owed, including shipping costs, by means of an e-mail to the Buyer.

8.4 

Delivery of the order will only be initiated after payment has been received on Pre-Owned's bank account number.

Article 9 Retention of Title Items

9.1 

All Item(s) offered and delivered by Pre-owned in the context of the Agreement remain the property of the Seller until the Buyer has properly and completely fulfilled all obligations under the Agreement concluded with Pre-owned and the buyer has received the item.

9.2 

Item(s) delivered by Seller on consignment to Pre-Owned and delivered by Pre-Owned to Buyer and which are the property of Seller pursuant to clause 9.1 of these Terms may not be resold commercially by Pre-Owned and may never be used as a means of payment. be used, nor may these Item(s) be pledged or otherwise encumbered.

Pre-Owned must always do everything that can reasonably be expected of it to safeguard the Seller's property rights.

9.3 

If third parties seize the Item(s) delivered subject to retention of title and/or rights thereto,

want to establish or assert, Pre-owned Seller must immediately notify.

Article 10 Liability and indemnification

10.1 

Pre-owned is only liable for damage arising from or related to an attributable failure to fulfill its obligations under an Agreement or tort that is caused by intent or gross negligence on the part of Pre-owned. This liability is limited to direct damage (which expressly excludes consequential damage and other indirect damage) and to a maximum of the amount of the invoice value of the item in question.

10.2 

Pre-owned is not liable for damage or loss of property of Sellers or Buyers, unless there is intent, gross negligence or willful recklessness.

10.3 

Pre-owned is not liable for damage, of whatever nature, that is the result of incorrect and/or incomplete information provided by the User.

10.4 

Pre-owned does not accept any liability whatsoever for the loss of postal items by the logistics service provider.

10.5 

Pre-owned is not liable for any damage or costs resulting from the use of electronic means of payment and electronic means for communication with the Webshop, including - but not limited to - damage as a result of non-delivery or delay in the delivery of electronic messages, interception or manipulation of electronic messages by third parties or by software or equipment used for electronic communication and transmission of computer viruses. To prevent this, Pre-owned ensures appropriate security based on generally accepted security systems.

10.6

Each User indemnifies Pre-owned for all damages, liability and costs for Pre-owned arising from claims or actions brought against Pre-owned or threatened by any party in connection with:

a The use of the Website;

b The use of the Website via the User's password;

c The Item(s) offered by the User through the Website;

d Shortcoming in the fulfillment of the Agreement by the User.

Article 11 Force majeure

11.1 

Pre-owned is not obliged to fulfill any obligation towards the User if it is prevented from doing so as a result of force majeure. Force majeure is present if the shortcoming is the result of circumstances beyond the control of Pre-owned, including in any case: war or similar situations, riot, strike, occupation, blockade, illness of personnel of Pre-owned, pandemic, failure of suppliers and/or carriers of Pre-owned, government measures such as a transport ban, natural disasters, bad weather, lightning, fire and explosion. Pre-owned also has the right to force majeure

to appeal if the circumstance that prevents (further) fulfillment of the Agreement and occurs after Pre-owned should have fulfilled its obligation.

11.2 

Pre-owned can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.

Article 12 Intellectual Property and Unaffiliated Designers

12.1 

All intellectual property rights, including (but not limited to) copyright, trademark and design right, on the Website and App, the Content, Advertisements and all material supplied to User by Pre-owned, including the Pre-owned Shipping Package, folder material , brochures, etc., are exclusively owned by Pre-owned, unless stated otherwise.

12.2

Pre-owned expressly declares that it is not affiliated with any designer brand that is offered on the website.

Article 13 General Data Protection Regulation (GDPR)

13.1 

Pre-owned treats and processes the data of its Users in accordance with the requirements stated in the GDPR.

13.2 

For more information on this subject, Pre-Owned refers to the Privacy Statement on the website

Article 14 Applicable law and competent court

14.1 

These Terms and Conditions, all Agreements and other legal relationships of and with Pre-owned are exclusively governed by Dutch law.

14.2 

All disputes will be submitted exclusively to a competent court in Amsterdam.

February 2022 version