Terms of service
Seller which is a consumer (i.e. a natural person using any of Dressmore Services (as defined below) for a purpose which can be regarded as being outside its business or profession) (hereinafter, the “Seller”) shall carefully read and accept the following general terms and conditions (hereinafter, the “T&C”) to sell its Products (as defined below) sent by the Seller to Dressmore Sarl or collect by Dressmore Sarl from the Seller on a consignment basis.
These T&C set forth the terms and conditions applicable to the access to the website www.dressmore.com (hereinafter, the “Website”) and the sale of Products through the Website.
This document is a legally-binding agreement between the Seller, who shall have previously registered on the Website, and the company Dressmore Sarl, with registered office in 22 Boulevard Princesse Charlotte, 9800 Monaco, enrolled with the Companies’ register of Monaco n. and TVA n. (“Dressmore”), as holder and manager of the Website.
For the purposes of this document,
“Products” means second hand items such as clothing, shoes, bags and accessories that can be provided by Sellers and sold through the Website.
“Dressmore Services” includes (a) the registration on the Website by the Seller and the creation of a Seller’s personal page on the Website (hereinafter, the “Seller Account”); (b) the storage in safekeeping of the Products; (c) the verification of the authenticity, quality and condition of the Products; (d) the offering for sale of the Products on a consignment basis, by creating and displaying a description and photographs of the Products, (i) on the Website, (ii) on Dressmore’s mobile app (hereinafter, the “Dressmore’s App”), (iii) in Dressmore’s sole discretion, at pop-up stores or at Dressmore’s retail stores (hereinafter, the “Dressmore’s Retail Stores”); (e) the managing all of the acts related to the sale of the Products to the Website’s users (hereinafter, the “Buyers”); (f) in the case of sale of any Products, its packaging and shipping to each Buyer; (g) the receipt of the amounts paid by each Buyer, corresponding to the Final Selling Price (as defined below); (h) the payment of the Seller Profits (as defined below) in respect of each Sold Product (as defined below), and (i) return to the relevant Seller of any unsold Product within the agreed term.
- Implementation and acceptance of the T&C
1.1 The performance of the Dressmore Services by Dressmore in favour of Sellers is subject to the terms and conditions set forth in this document as well as to the privacy policy and cookie policy provided on the Website and accessible through the following page https://www.dressmore.com/en/terms-and-conditions; https://www.dressmore.com/en/privacy-policy; Cookie Policy. Therefore, in order to use the Dressmore Services, the Seller shall thoroughly read and accept these T&C.
1.2 By accepting these T&C, the Seller represents that it has all the requirements to use the Dressmore Services.
1.3 The Seller acknowledges and accepts that Dressmore might unilaterally and in its sole discretion amend the T&C at any moment by publishing the amended version of the T&C on the Website and notifying, upon 14 days’ notice, the Seller via e-mail of such amendment. Revised T&C will not apply to Accepted Products (as defined below) for consignment prior to the effective date of those amendments to the T&C. It is understood that, following an amendment, the Seller will be entitled to withdraw from these T&C, pursuant to article 17 below. The use of Dressmore Services and Website by the Seller after the amendment to the T&C will be deemed as acceptance by the Seller of the changes made by Dressmore to the T&C.
1.4 Sellers shall not make, and are not entitled to make, any change to these T&C.
1.5 These T&C shall become valid and effective among the parties when the Seller Account will be activated by Dressmore upon the Seller’s request and shall cease to be valid and effective when the Seller Account will be deactivated by Dressmore or by the Seller.
- Performance of the Dressmore Services
2.1 All the Dressmore Services available on the Website are provided by Dressmore to the Seller.
2.2 In order to use the Dressmore Services, the Seller shall sign in as member on the Website. Dressmore reserves the right to limit or make changes to the terms and conditions of use of the Dressmore Services.
2.3 At its absolute discretion, Dressmore will be entitled to limit, deny or create different levels of access to and use of the Dressmore Services (or any part of the Dressmore Services).
2.4 Some Dressmore Services might be provided by third-party suppliers of Dressmore.
- Sellers
3.1 As condition to access and use the Website and the Dressmore Services, the Seller accepts and undertakes to abide by all the applicable laws and regulations as well as the present T&C (as from time to time amended and/or integrated).
3.2 The Seller accepts to use the Website and the Dressmore Services exclusively to sell its Products through the Website, subject to the acceptance of the present T&C for sales activities, and to purchase Products through the Site, subject to the acceptance of the T&C applicable to Buyers for purchase activities through the Site. The Seller undertakes not to copy, reproduce, download, republish, sell, distribute or resell any Dressmore Service or information, text, image, graphic, video, audio, directory, file, database, list and/or content available on or through the Website (hereinafter, the “Website Content”). Is it forbidden the use of any Website Content for purposes different from those expressly allowed under these T&C (i.e. the promotion and sale of the Products).
3.3 The Seller shall read and accept the privacy policy and the cookie policy of Dressmore, provided on the Website at the following link:https://www.Dressmore.com/en/privacy-policy and Cookie Policy
3.4 The Seller undertakes not to perform any action aimed ad impairing the integrity of the informatic systems of Dressmore and/or any other Seller and/or gaining unauthorized access to such systems.
- Seller Account
4.1 The Seller shall be registered on the Website in order to access to and use the Dressmore Services through its Seller Account. Dressmore reserves the right to reject a registration request from a Seller for any reason.
4.2 Upon registration on the Website, Dressmore assigns an account, an ID and a password to each registered Seller. Sellers will be allowed to change their password by accessing to their Seller Account and following the instructions provided therein.
4.3 Each Seller can access to the Seller Account by logging in and using its personal password. The Seller is the only one responsible for keeping the login and password safe and for all activities performed on its Seller Account. No Seller can share, assign or allow the use of its Seller Account, login or password to third parties. The Seller undertakes to promptly notice Dressmore upon becoming aware of any unauthorized use of its login, password or Seller Account or of any security breach of its Seller Account.
- Breaches
5.1 If the Seller violates the T&C or Dressmore has reasonable grounds to believe that the Seller might have violated the T&C, Dressmore is entitled to suspend or deactivate the Seller Account or suspend the use of any Dressmore Service, without this in any case leading to any responsibility for Dressmore. Dressmore has also the right to limit, deny or exclude any current or future use of any of the Dressmore Services provided by Dressmore.
5.2 The Seller undertakes to keep Dressmore, its affiliates, employees, agents and representatives harmless and indemnified from any and all damages, losses, assets and liabilities (including legal expenses) caused by the improper use of the Website and/or the Dressmore Services and/or by the breach of the T&C.
- Consignment of Products
6.1 Dressmore shall sell the Products that will receive form the Seller or that will collect from the Seller on a consignment basis.
6.2 The Seller will continue to own and have title to each Product consigned to Dressmore, even after transfer physical possession of such Product to Dressmore, until the Product will be a Sold Product (as defined below). Notwithstanding the above, the Boutique Partner undertakes that it will not sell or try to sell any Product received by Dressmore on a consignment basis in whatever form and/or channel directly or indirectly other than through the Website.
6.3 A Product shall be considered sold when:
(i) it is sold by Dressmore to a Buyer and not returned to Dressmore within the 14th day after the receipt of the Product at the Buyer’s address (hereinafter, the “Return Period”);
(ii) it is lost, stolen, damaged or destroyed during the Approved Shipment (as defined below) and while in the Dressmore possession;
(hereinafter, the “Sold Product”).
6.4 After the receipt or collection of the Product from the Seller, Dressmore will send a notice to the Seller’s email address provided by the Seller during the registration process to the Website, confirming the receipt of the Product.
6.5 Once received by Dressmore the Product shall be evaluated, inspected and authenticated by Dressmore (hereinafter, the “Dressmore’s Validation”). After Dressmore’s Validation, the Seller will be able to log into its Seller Account on the Website and find each Product that have been accepted for consignment (hereinafter, the “Accepted Product”) and the related price decided by Dressmore for such Accepted Product.
6.6 Each price of such Accepted Products shall be determined at the Dressmore’s sole discretion, save as provided for under the article 11 below and, in any case, without prejudice to the Price Management as defined and described under paragraph 11.2, letter b, below.
6.7 The Accepted Product will be processed and listed as available for sale on the Website and partner websites, on the Dressmore’s App, at the pop-up stores and, at Dressmore’s sole discretion, may also concurrently be displayed and available for sale at Dressmore’s Retail Stores.
6.8 Dressmore may use the Accepted Products for any photo shoot or pop-up event (including the sale of the Accepted Products during this event) organized by Dressmore anywhere in the world.
- Loss or damage of Products during shipment or storage
7.1 Dressmore shall accept the Products from the Seller on a consignment basis only. The Seller shall be responsible for all risk of loss or damage of Product until Dressmore will take physical possession of such Product.
7.2 Otherwise, if the Seller will use the approved and pre-paid shipping label which will provide an approved method of shipment by Dressmore, Dressmore will assume the risk of loss or damage to the Products upon shipment (hereinafter, the “Approved Shipment”).
7.3 If a Product will be lost, damaged or stolen during the Approved Shipment or in Dressmore’s possession, or while it’s being delivered to a buyer, it will be considered as a Sold Product and Dressmore shall reimburse the Seller.
7.4 This remedy shall constitute for the Seller the sole remedy and entire recourse against Dressmore for lost, damaged or stolen Products and is in lieu of any other remedy otherwise available as a matter of law or equity.
- Products acceptance conditions
8.1 After the receipt or collection of the Product from the Seller, Dressmore will evaluate, inspect and authenticate each item in order to determine, in its sole discretion, its authenticity, quality and value. The item’s condition will affect the Dressmore’s valuation.
8.2 Dressmore shall accept Product for consignment only if:
(i) the Seller’s representations and warranties set forth in the article 14 below will be true and correct;
(ii) Dressmore will determine in its sole discretion (a) that the Product is in excellent or very good condition (i.e. it is not deteriorated due to an excessive wear and/or use); (b) that the Product is washed, clean and odourless; (c) if a Product needs minimum reconditioning to make it marketable and to avoid being rejected and returned to Seller, it being understood that in such a case Dressmore shall make any actions as deemed appropriate at its sole discretion;
(iii) the Product will be included in Dressmore’s current designer directory (hereinafter, the “Designer Directory”) at the time of evaluation; and
(iv) Dressmore will determine in its sole discretion that the Product is authentic.
Notwithstanding the evaluation and inspection by Dressmore on the authenticity of the Products, the relevant Seller shall be and remain the sole responsible for such authenticity vìs-à-vìs the Buyers and any third party
8.3 Products that do not meet all the above criteria will not be accepted by Dressmore and will be either:
(i) returned to the Seller to the same address where Dressmore collected it or to the address provided by the Seller during the registration process to the Website; the Seller will be charged a processing fee of 20 € for each item declined, plus return shipping costs, these costs shall be deducted from the pending Seller Profits (as defined below). If the Seller does not have enough pending Seller Profits (as defined below) available to cover the costs of shipment, Dressmore shall have no obligation to return Product to Seller unless and until the Seller pay Dressmore the costs of return prior to shipment;
or
(ii) with the Seller’s approval, confirmed in writing, donated to a charity of Dressmore’s choice.
- Impossibility of authentication and counterfeit Products
9.1 The Seller is the sole responsible for ensuring the authenticity of each Product that it provides to Dressmore. If Dressmore will not able to ascertain the authenticity of any Product, Dressmore shall have the right in its sole discretion to refuse the non-authenticated Product.
9.2 If Dressmore will determine at any time that a Product is counterfeit, Dressmore shall notify to the Seller such determination and shall give to the Seller an opportunity to provide proof of purchase/other proof of authenticity acceptable to Dressmore.
9.3 If Dressmore will not able to ascertain the authenticity of a Product, Dressmore will make it available for return to the Seller at cost and expenses of the latter. If the Product will not be collected by the Seller, at its own expenses, within 45 days from the notice sent to the Seller, the Product will be destroyed.
9.4 If Dressmore finally will determine that the Product is counterfeit, Dressmore immediately shall inform the competent authority and send such Product to such authority.
9.5 The Seller acknowledges, understands and confirms that it is fully aware of any laws and regulations applicable to consigned items which are counterfeit or had been stolen. The Seller further acknowledge and accept that Dressmore cooperates with any authority and agency for the enforcement of such laws and regulations.
- Consignment Service Duration and Return of Products
10.1 The consignment service duration relating to each Product starts on the date of Dressmore’s Validation and ends 365 days thereafter (hereinafter, the “Consignment Service Duration”). The Seller may request Dressmore, in writing, to extend the Consignment Service Duration and Dressmore, at its sole discretion, may refuse to agree on such extension.
10.2 During the period of the Consignment Service Duration, the Seller may request in writing to Dressmore that Dressmore returns the Product (hereinafter, the “Product Return Request”), until the Product is still on sale.
10.3 Upon the Seller’s Product Return Request, Dressmore will use commercially reasonable efforts to remove the Product from the Website, Dressmore’s App and any of Dressmore’s Retail Store or pop-up stores.
10.4 If the Seller will notify its Product Return Request within 90 days from the Dressmore’s Validation, Dressmore will charge to Seller a fee of Euro 25 per each Product, which fees reflect Dressmore up-front costs of storing, cataloging, and photographing the item in preparation for sale. Additionally, the Seller shall bear the costs of return shipment. Dressmore shall deduct them from the pending Seller Profits (as defined below). If the Seller does not have enough pending Seller Profits (as defined below) available to cover the costs of shipment, Dressmore shall have no obligation to return Product to Seller unless and until the Seller pay Dressmore the costs of return prior to shipment.
10.5 If the Seller will notify its Product Return Request more than 90 days after the Dressmore’s Validation, the Product will be returned at Dressmore’s expenses and no fees will be charged.
10.6 Where Products will be returned to the Seller, the Seller will be responsible for any and all customs charges.
10.7 If a Product will be unsold at the end of Consignment Service Duration, Dressmore shall notify the Seller and at Seller’s option and Dressmore’s expense:
(i) return the Product to the Seller; or
(ii) donate the Product to a charity of the Dressmore’s choice.
10.8 If the Seller will not respond to Dressmore’s notice after fourteen (14) days of being informed, Dressmore may freely dispose of the unsold Product, either by donating them to a charitable organization of its choice or by destroying the Products.
- Price Determination and Management
11.1 According to these T&C, Dressmore will display Products on the Website and partner websites, on the Dressmore’s App, at the pop-up stores. At Dressmore’s sole discretion, Products may also concurrently be displayed and available for sale at Dressmore’s Retail Stores. Dressmore will make commercially reasonable efforts to sell the Products.
The Seller can decide the selling price of each Product and will be able to decrease the price at any moment during the period of the Consignment Service Duration.
For each item, Dressmore’s experts will send the Seller a recommended selling price to help define the right market value.
In order to boost the sales, Dressmore may apply a reduction policy to the consignment prices starting from the 90th day since they have been put on sale, unless the Seller and Dressmore have otherwise agreed in writing to sell a Product a specific price.
From the 4th month onwards, we will apply price reductions on -20% seller’s earnings.
From the 6th month onwards, we will apply price reductions on -30% seller's earnings.
From the 8th month, we will apply price reductions on -50% seller's earnings.
- Seller payments
12.1 Dressmore will pay to Seller a Seller Profit on each Sold Product. The Seller Profits will be the sole compensation that the Seller will receive under these T&C.
12.3 Payments:
a) Dressmore will process Sellers Profits payments before the end of the month following the sale. For the purposes of such provision, a sale of a Product is deemed to be occurred at the time when the relevant purchase order of that Product is made by the relevant Buyer.
b)At the Seller’s choice, payments will be made to Seller directly on its Site Credit; by wire transfer or bank check.. Seller may choose in any time which payment method to use, it being understood that the new payment method will applicable to the profits arising out of all new sales performed after the choice of the new payment method.
12.4 Disputes: if there is a dispute between Seller and Dressmore, Dressmore shall have no obligation to pay any profit or other amounts due to the Seller, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Dressmore may withhold any Seller Profit due (including any due for Sold Product not subject to the dispute) in full or partial satisfaction of any amounts the Seller owes to Dressmore.
- Disclaimer of warranties; Limitation of liability
13.1 The Seller expressly understands and agrees that:
The Seller’s use of the Dressmore Services is at its sole risk. Dressmore’s consignment and Dressmore Services are provided on an “as is” and “as available” basis. Dressmore expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
13.2 Dressmore makes no warranty that:
(a) Dressmore Services will meet Seller’s requirements; or
(b) Dressmore Services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that Seller obtain from Dressmore Services or through or from the Website or the Dressmore Services shall create any warranty not expressly stated in these terms.
13.3 Dressmore and its officers, employees, agents, partners, and licensors shall not be liable to Seller for any direct, indirect, incidental, special, consequential, or exemplary damages or for damages for loss of profits, goodwill, use, data, or for other intangible losses (even if Dressmore has been advised of the possibility of such damages) resulting from:
(a) the use or the inability to use the Dressmore Services or the Website;
(b) unauthorized access to or alteration of Seller’s transmissions or data;
(c) the activities contemplated by these T&C; or
(d) any other matter relating to the Dressmore Services or these T&C.
13.4 In no event will Dressmore liability under these T&C exceed the amount it has actually received as a result of selling the Seller’s Products.
13.5 The foregoing disclaimers and limitations are a fundamental part of the basis of Dressmore business, and Dressmore would not enter into these T&C without such disclaimers and limitations. Please seek the advice of appropriate professionals regarding the terms of these T&C and the evaluation of any specific opinion, advice, product, service, or other content.
- Seller’s liability
14.1 The Seller represents and warrants that (a) it has full power and freedom to accept these T&C, (b) it uses the Website for personal purposes, and (c) all personal data (and therefore, first name, last name and the address) provided when registering on the Website are true, correct and updated.
14.2 The Seller represents and warrants that the information and documentation provided by the Seller during the registration process or upon Dressmore’s request are correct, true and updated. The Seller also undertakes to always keep the information provided on the Seller Account updated.
14.3 By registering on the Website, the Seller accepts, also pursuant to the privacy policy of Dressmore, that all the information provided to Dressmore will be stored and processed according to the same privacy policy and to the applicable law.
14.4 The Seller represents and warrants that all the information it will forward to Dressmore:
- are true, accurate, complete;
- are not false, misleading or deceptive;
- do not have any direct or indirect link to other websites that contain any content that might cause a breach of the T&C
14.5 The Seller further represents and warrants that:
- it is the only and exclusive owner of the Products and it has good and marketable title to each Product and has the right to consign and sell such Product;
- none of the Product is subject to any liens or other encumbrances;
- the Products does not include counterfeit goods;
- the Products do not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.
- it does not use the Dressmore Services or the Website with fraudulent and/or illegal purposes;
- it does not use the Dressmore Services nor the Website on behalf of third parties, save for cases expressly authorized in writing by Dressmore;
- it does not perform spamming or phishing activities;
- it will not carry out any activity that might enable the growth of informatic viruses or other destructive tools and codes that can damage, interfere with, intercept, deactivate, destroy any software or hardware, data or personal information;
- it will not carry out any activity aimed at undermining the integrity of data or systems used by Dressmore and/or any other Seller and/or Buyer or gaining unauthorized access to such data or systems;
- it will not execute, nor try to execute, transactions with the Buyers outside of the Website.
14.6 The Seller hereby shall indemnify and hold Dressmore harmless from all damages, suits, litigation, awards, loss, expenses and costs, including but not limited to, legal fees and costs, suffered and/or incurred and/or to be suffered by Dressmore as result of and/or in relation to the breach to these T&C by the Seller and/or false and inaccurate representations and warranties contained in these T&C and provided by the Seller by accepting these T&C, and also as a result of or arising in any way out of Dressmore’s display and/or sale of the Product, including but not limited to, civil or criminal suits over authenticity, compliance or ownership of Product, legality of sales, or copyright or trademark infringement.
- Force majeure
15.1 Dressmore shall never be deemed responsible for a delay or error or interruption regarding the contents or Dressmore Services provided on the Website that directly or indirectly arise from natural events or events that do not fall within Dressmore’s control, including, without limitation, issues linked to the internet, telecommunications or other equipment breakdowns, lack of electricity, strikes, labour disputes, riots, insurrections, civil disorders, labour or materials shortages, fires, floods, storms, explosions, wars, governmental actions, court or national or international tribunals’ orders or underperformance by third parties.
- Intellectual property rights
16.1 Dressmore is the sole owner of all the rights and contents of the Website and of the Dressmore Services provided on the Website. The Website and the Dressmore Services represent trade secrets and other intellectual property rights globally protected by copyright and by the applicable relevant laws. All ownership and intellectual property rights of the Website and the Dressmore Services are and shall be of exclusive property of Dressmore.
16.2 The name “Dressmore”, the logo, the pictogram and all connected icons and logos and trademarks or registered trademarks are trademarks owned by Dressmore. Any unauthorized copy, change, use or publication of such trademarks is strictly forbidden.
- Withdrawal
17.1 The Seller has the right to withdraw from these T&C, without giving any reasons, within 14 days from the signing of these T&C (hereinafter, the “Withdrawal Period”). In order to exercise the right of withdrawal, the Seller shall send a notice of withdraw from these T&C in writing (e.g. by e-mail) to Dressmore Sarl, 22 boulevard Princesse Charlotte 98000 Monaco, email address info@dressmore.com. The Seller may also complete and submit the withdrawal form or any other explicit statement on the Website https://www.Dressmore.com/en/contact. In such case, Dressmore will immediately send an acknowledgement of receipt by e-mail. In order to comply with the Withdrawal Period, the Seller shall send the notice of exercise of the right of withdrawal before the expiry of the above period.
17.2 Following withdrawal from these T&C, Dressmore shall return the Seller’s Products and reimburse all payments made by the Seller, in any case no later than fourteen (14) days from the day on which Dressmore will learn of the decision to exercise the right of withdrawal. Such refunds shall be made using the same payment instrument used by the Seller, unless otherwise agreed. In any case, the Seller will not have to bear any costs as a consequence of such reimbursement.
17.3 To the extent permitted under any applicable laws, the act of sending any Product to Dressmore or the act of collecting any Product by Dressmore before the end of the Withdrawal Period, will be deemed as the Seller expressly waiving its right of withdrawal in respect of the Product already received by Dressmore. Therefore, those Products shall continue to be subject to these T&C.
17.4 Dressmore has the right to withdraw from these T&C, without giving any reasons, in any time. In order to exercise the right of withdrawal, Dressmore shall notice the decision to withdraw from these T&C in written (e.g. by e-mail) the Seller at the email address provided during the registration process to the Website.
- Communications
18.1 All legal communications or requests from or on the Website or Dressmore Services can be made in writing and sent to Dressmore via e-mail (unless otherwise specified by Dressmore) to the following address: info@Dressmore.com.
18.2 Dressmore shall provide all notices to the Seller at the email address or physical address provided by the Seller during the registration process to the Website. The Seller is solely responsible for keeping that information current with Dressmore.
- Miscellaneous
19.1 Dressmore and the Seller are independent contracting parties.
19.2 If any provision of these T&C becomes invalid or non-binding, Dressmore and the Seller shall remain bound by all other provisions hereof. In that event, they shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these T&C.
19.3 Tolerance of either party of a conduct of the other party in breach of the T&C does not amount to a waiver to the rights arising from the violated provisions, nor to the right to demand the fulfilment of all the terms and conditions envisaged in these T&C.
19.4 The Seller may not assign these T&C or any interest the Seller have in such T&C without Dressmore’s prior written consent. Any prohibited assignment is null and void.
19.5 Headings used in these T&C are provided for convenience only and shall not be used to construe meaning or intent.
- Applicable law
20.1 These T&C have been construed and shall be governed and interpreted according to the courts of Monaco that shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
21 Jurisdiction and dispute resolution
21.1 Any dispute relating to the interpretation, validity and implementation or in any way arising from these T&C and/or the activities related to the use of the Website and/or Dressmore Services shall be of the exclusive competence of the court of the city where the Seller has its residence or domicile.
21.2 Dressmore advises the Seller to first notify of any complaints by contacting Dressmore’s Legal Department writing to info@Dressmore.com.
Seller declares that it has read and expressly and specifically approves the following articles:
- Article 1 (Implementation and acceptance of the T&C)
- Article 2 (Performance of the Dressmore Services)
- Article 3 (Sellers)
- Article 4 (Seller Account)
- Article 5 (Breaches)
- Article 6 (Consignment of Products)
- Article 7 (Loss or damage of Products during shipment or storage)
- Article 8 (Products acceptance conditions)
- Article 9 (Impossibility of authentication and counterfeit Products)
- Article 10 (Consignment Service Duration and Return of Products)
- Article 11 (Price determination and Management)
- Article 12 (Seller Profits and Payments)
- Article 13 (Disclaimer of warranties; Limitation of liability)
- Article 14 (Seller’s liability)
- Article 15 (Force majeure)
- Article 16 (Intellectual property rights)
- Article 17 (Withdrawal)
- Article 19 (Miscellaneous)
- Article 20 (Applicable law)
- Article 21 (Jurisdiction and dispute resolution)
GENERAL TERMS AND CONDITIONS OF USE OF THE DRESSMORE SERVICES BY BUYERS REGISTERED ON THE WEBSITE WWW.DRESSMORE.COM
Each User (as defined below) shall carefully read and accept the following general terms and conditions (hereinafter, the “T&C”) before using the Dressmore Services.
This document is a legally-binding agreement between the User (as defined below), who shall have previously registered on the Website (as defined below), and Dressmore Sarl, with registered office in 22 boulevard princesse Cahrlotte 98000 Monaco, enrolled with the Companies’ Register of Monaco under n. and TVA n. (“Dressmore”), as holder and manager of the Website (as defined below).
- Definitions
“Buyer” means a consumer (i.e. a natural person using any of Dressmore Services for a purpose which can be regarded as being outside its business or profession) registered on the Website and buyer of Products.
“Dressmore Services” includes (a) the registration on the Website by the Supplier; (b) the storage in safekeeping of the Supplier’s Products; (c) the verification of the authenticity, quality and condition of the Products; (d) the offering for sale of the Products (considered suitable for sale by Dressmore and detained by Dressmore on a consignment basis), by creating and displaying a description and photographs of the Products, (1) on the Website, (2) on Dressmore’s mobile app (hereinafter, the “Dressmore’s App”), (3) in Dressmore’s sole discretion, at pop-up stores or at Dressmore’s retail stores (hereinafter, the “Dressmore’s Retail Stores”); (e) the managing all of the acts related to the sale of the Products through the Website, managing and execution of Purchase Orders submitted by the Users and provision post-sale assistance, it being understood that, after the User has registered on the Website, Dressmore will create a User’s personal page on the Website (hereinafter, the “User Account”); (f) the use of the User Account by the User in order to (1) purchase Products on the Website, (2) manage its personal details and (3) receive post-sale assistance; (g) in the case of sale of any Products, its packaging and shipping to each Buyer; (h) the receipt of the amounts paid by each Buyer, corresponding to the Purchase Price.
“Purchase Order” means the procedure through which the User orders and purchases a Product through the Website.
“Purchase Price” means, in relation to each Product, the purchase price due by the relevant Buyer for the purchase of such Product through the Website.
“Products” means second hand items such as clothing, shoes, bags and accessories sold through the Website.
“Site Credit” means an account in the name of the relevant Buyer on which the Buyer may charge any amount due to Dressmore in respect of its Purchase Orders. The Buyer may use the Site Credit only if it contains enough credit to pay the due amount, because of previous credits of the Buyer for the sale of its Products through the Website.
“Supplier” means each owner of Products offered for sale on the Website.
“User” means any person who has successfully registered on the Website.
“Website” means the website www.Dressmore.com managed by Dressmore.
- General Terms and Conditions
2.1 These T&C set forth the terms and conditions applied to the use of Dressmore Services by the Users. By registration on the Website, Users fully and unconditionally agree to these T&C.
2.2 These T&C, the content and infrastructure of these pages and the platform made available on the Website are owned, operated and provided by Dressmore, subject to the terms and conditions set out herein. The relationship of Dressmore with Suppliers is governed by separate terms and conditions that regulate the commercial relationship of Dressmore with each Supplier.
2.3 The User acknowledges and accepts that Dressmore might unilaterally make changes to the present T&C at any moment by publishing the amended version of the T&C on the Website and notifying the User via e-mail of such amendment. It is understood that, following the amendment of the T&C, the User will be entitled to withdraw from these T&C by unsubscribing from the Website. The use of the Dressmore and the Website by the User after the amendment of the T&C will be deemed as acceptance by the User of the changes made by Dressmore to the T&C.
2.4 Users shall not make, and are not entitled to make, any change to these T&C.
2.5 These T&C shall become valid and effective when the User Account will be activated by Dressmore upon the User’s request and shall cease to be valid and effective when the User Account will be deactivated by Dressmore or by the User. In this respect, persons interested in activating a User Account on the Website are invited to complete the registration process on the Website according to the provisions set forth in Articles 4 and 5 below.
- Privacy
Before using the Dressmore Services, Users shall read and accept the privacy policy of Dressmore – including the cookie policies – applicable to the Dressmore Services, respectively available on the Website: https://www.Dressmore.com/en/privacy-policy and Cookie Policy.
- Performance of the Dressmore Services
4.1 All the Dressmore Services available on the Website are provided by Dressmore. Some Dressmore Services might be provided by third-party suppliers of Dressmore.
4.2 In order to use the Dressmore Services, the User shall sign in as member on the Website. Dressmore reserves the right to limit or make changes to the terms and conditions of use of the Dressmore Services.
- At its absolute discretion, Dressmore will be entitled to limit, deny or create different levels of access to and use of the Dressmore Services (or any part of the Dressmore Services).
- For the purpose of using the Dressmore Services, except as provided by specific mandatory rules, the User accepts to receive electronic communications by Dressmore and declares that all agreements, notices, policies and other communications transmitted electronically by Dressmore meet the requirement of the written form when required by law.
- Dressmore is not responsible or liable for (and has no obligation to verify) any wrong or misspelled e-mail address or inaccurate or wrong (mobile) phone number, credit card number or bank details.
- Dressmore invites Users to read its privacy and cookie policies for more information about how Dressmore may contact Users.
- Should a User wish to contact the customer service for any reason regarding the Services and/or Purchase Orders, including any request or complaint, the User shall contact Dressmore by filling in the form available under the voice “Contact Us” on the Website or sent an e-mail at: info@dressmore.com.
- User Account
5.1 In order to be granted access to the Dressmore Services, the User shall request registration to the Dressmore Services on the Website. The registration procedure requires the User to insert its personal data and to accept the T&C, Dressmore’s privacy policy and the cookie policies. The registration procedure is thoroughly described on the Website. As condition to access and use the Website and the Dressmore Services, the User accepts and undertakes to abide by all the applicable laws and regulations as well as the present T&C (as from time to time amended and/or integrated).
5.2 Upon registration on the Website, Dressmore assigns an account, an ID and a password to each registered User. Users will be allowed to change their password by accessing to their User Account and following the instructions provided therein. The User is able, at any time, to modify or delete the data entered during the registration proceedings on the Website by accessing its User Account.
5.3 Each User can access to the User Account by logging in and using its personal password. The User is the only one responsible for keeping the login and password safe and for all activities performed on its User Account. No User can share, assign or allow the use of its User Account, login or password to third parties. The User undertakes to promptly sent a notice to Dressmore upon becoming aware of any unauthorized use of its login, password or User Account or of any security breach of its User Account.
5.4 Dressmore shall be entitled to contact the User through the e-mail provided by the latter at the time of the User’s registration on the Website. The User acknowledges and accepts that any communication regarding the present T&C may be sent by Dressmore to the e-mail used during the registration procedure on the Website or to the e-mail subsequently provided into the User’s Account by the User.
5.5 By registration on the Website, the User accepts and acknowledges that, accordingly to praxis and internet uses, Dressmore may freely insert advertisements on the Website.
5.6 Dressmore reserves the right to reject a registration request from a User for any reason. Dressmore reserves the right not to activate, suspend or interrupt the Dressmore Services, at any time, if any information made available by the User is incorrect or non-existent. All personal details provided by Users during registration and when using the Dressmore Services shall be processed by Dressmore in compliance with the applicable privacy law and according to Dressmore’s privacy policy.
5.7 The User accepts to use the Website and the Dressmore Services exclusively to purchase or sell Products through the Website, subject to the acceptance of the present T&C for purchase activities and to the acceptance of the T&C applicable to Suppliers for sales activities through the Site. The User undertakes not to copy, reproduce, download, republish, sell, distribute or resell any Dressmore Service or information, text, image, graphic, video, audio, directory, file, database, list and/or content available on or through the Website (hereinafter, the “Website Content”). Is it forbidden the use of any Website Content for purposes different from those expressly allowed under these T&C. The User undertakes not to perform any action aimed at impairing the integrity of the informatic systems of Dressmore and/or any other User and/or gaining unauthorized access to such systems.
5.8 The User shall be entitled to request to unsubscribe directly from its User Account, following the deactivation request procedure provided therein. It being understood that such withdrawal shall become valid and effective [15 (fifteen)] days after such request. The relationship with Dressmore for the supply of the Dressmore Services shall cease to be valid and effective on the date on which the User cancels its registration to the Dressmore Services.
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Breaches
- If the User violates the T&C or Dressmore has reasonable grounds to believe that the User might have violated the T&C, Dressmore is entitled to suspend or deactivate the User Account or suspend the use of any Dressmore Service, without this in any case leading to any responsibility for Dressmore. Dressmore has also the right to limit, deny or exclude any current or future use of any of the Dressmore Services provided by Dressmore.
- The User undertakes to keep Dressmore, its affiliates, employees, agents and representatives harmless and indemnified from any and all damages, losses, assets and liabilities (including legal expenses) caused by the improper use of the Website and/or the Dressmore Services and/or by the breach of the T&C.
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Purchase Order of the Products
- Through the Website, Dressmore sells to Users Products owned by the Suppliers and detained by Dressmore under a consignment agreement entered into between Dressmore and the relevant Supplier.
- The relevant Supplier shall keep every right to each Product delivered to Dressmore, even after the physical possession of the Product is transferred to Dressmore and until the moment the Product is purchased by the relevant Buyer.
- Each Purchase Order made through the Website or through the Dressmore App implies the execution of a purchase agreement in Italian language entered into between Dressmore and the Buyer regarding a Product owned by a Supplier. Such Product is detained and put for sale by Dressmore under a consignment agreement entered into by Dressmore and the relevant Supplier. After Dressmore obtains the physical possession of the Product, each Product is evaluated, inspected and authenticated by Dressmore and only if deemed adequate it is put for sale on the Website.
7.4 By clicking the [“Place Order”] button and by making the payment of the indicated Purchase Price for each Product, the User makes a legally binding and irrevocable Purchase Order with regards to each Product in the virtual cart. Once the Purchase Order is submitted, Dressmore shall send an e-mail to the Buyer to confirm the Purchase Order by e-mail. The purchase agreement shall become effective between Dressmore and the Buyer after the latter has received confirmation of the Purchase Order by e-mail. In the event that the Buyer does not receive the confirmation e-mail of the Purchase Order within the term above, the relevant Purchase Order shall be deemed rejected by Dressmore and therefore without effect.
7.5 The Products purchased by each Buyer shall be shipped off as soon as Dressmore receives the whole payment of the Purchase Price displayed on the page of the relevant Product, as well as the payment of the shipping costs (if there are any).
7.6 Shipping costs vary depending on the Country of destination and are displayed both on the page of the relevant Product and in the virtual cart at the moment of the Purchase Order. If the Buyer returns the Product in accordance with the procedure provided by these T&C and the applicable law, the shipping costs shall not be refunded.
7.7 Dressmore accepts several payment methods, including but not limited to check, wire transfer, credit card, Pay Pal, charge on its Site Credit and cash on delivery (available only in Italy and Germany). Dressmore reserves the right to reject certain payment methods and to request a different payment method for certain Purchase Orders. In relation to the purchase of a Product and the payment of the Purchase Price by the User, Dressmore undertakes to issue the invoice to the User. These invoices shall be available to the relevant User on its User Account. The Buyer accepts to receive the invoices exclusively by e-mail.
- Failure of the Buyer to collect the Product
8.1 If, following three (3) attempts of delivery by the carrier, the Product purchased by the Buyer is not delivered to the relative Buyer, such Product shall be deposited at closest carrier warehouse. The Buyer shall have at its disposal 80 (eighty) days to collect the Product. If the Product is not collected within such term, it shall become the property of Dressmore and no further right shall be claimed by the Buyer.
- Dressmore’s liability
9.1 Dressmore shall only be liable for direct damages actually suffered, paid or incurred by the User due to an attributable shortcoming of Dressmore obligations in respect to the Dressmore Services, up to an aggregate amount equal to the Purchase Price of the purchased Product/s on the Website by the relevant User and in respect of which the damage has been suffered.
9.2 However, to the extent permitted by law, neither Dressmore nor any of its officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliated partners, licensees, agents or others involved in creating, sponsoring, promoting or otherwise making available the Website and its contents shall be liable for (i) any special, indirect or consequential loss or damage, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to reputation, loss of claim, (ii) any direct, indirect or consequential damage, loss or cost suffered, incurred or paid by the User, pursuant to, arising out of or in connection with the use, inability to use or malfunctioning of the Website.
9.3 Purchases made on the Website are subject to the rules of the Consumer Code (as defined below) regarding the warranty for defects and non-conformities of Products. The Buyer shall therefore be entitled to the rights referred to in article 130 et seq. of the Consumer Code (as defined below).
9.4 The laws in place in some countries might forbid the abovementioned restrictions of liability. Should these provisions be applicable in part or in whole, the restrictions of liability mentioned above shall not be effective and further rights may be recognized to the User. The User acknowledges and accepts that, nevertheless, in such cases Dressmore’s liability shall not exceed the aggregate cost paid to purchase the Product/s on the Website by the relevant Buyer and in respect of which the damage has arisen.
- Disclaimer of warranties; Limitation of liability
10.1 The User expressly understands and agrees that the User’s use of the Dressmore Services is at its sole risk. Dressmore Services are provided on an “as is” and “as available” basis.
10.2 Dressmore makes no warranty that:
(a) Dressmore Services will meet User’s requirements; or
(b) Dressmore Services will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, that User obtain from Dressmore Services or through or from the Website or the Dressmore Services shall create any warranty not expressly stated in these terms.
10.3 Dressmore and its officers, employees, agents, partners, and licensors shall not be liable to User for any direct, indirect, incidental, special, consequential, or exemplary damages or for damages for loss of profits, goodwill, use, data, or for other intangible losses (even if Dressmore has been advised of the possibility of such damages) resulting from:
(a) the use or the inability to use the Dressmore Services or the Website;
(b) unauthorized access to or alteration of User’s transmissions or data;
(c) the activities contemplated by these T&C; or
(d) any other matter relating to the Dressmore Services or these T&C.
10.4 In no event will Dressmore liability under these T&C exceed the amount it has actually received as a result of the sale of the Products.
10.5 The above disclaimers and limitations are a fundamental part of the basis of Dressmore business, and Dressmore would not enter into these T&C without such disclaimers and limitations. Please seek the advice of appropriate professionals regarding the terms of these T&C and the evaluation of any specific opinion, advice, product, service, or other content.
10.6 The laws in place in some countries might forbid the abovementioned restrictions of liability. Should these provisions be applicable in part or in whole, the restrictions of liability mentioned above shall not be effective and further rights may be recognized to the User. The User acknowledges and accepts that, nevertheless, in such cases, Dressmore’s liability shall not exceed the aggregate cost payed by the Buyer for the purchased Product/s on the Website and in respect of which the damage has been suffered.
- User’s liability
11.1 The User represents and warrants that (a) it has full power and freedom to accept these T&C, (b) it uses the Website for personal purposes, and (c) all personal data (and therefore, first name, last name and the address) provided when registering on the Website are true, correct and updated.
11.2 The User represents and warrants that the information and documentation provided by the User during the registration process or upon Dressmore’s request are correct, true and updated. The User also undertakes to always keep the information provided on the User Account updated.
11.3 By registering on the Website, the User accepts, also pursuant to the privacy policy of Dressmore, that all the information provided to Dressmore will be stored and processed according to the same privacy policy and to the applicable law.
11.4 The User represents and warrants that all the information it will forward to Dressmore:
- a) are true, accurate, complete;
- b) are not false, misleading or deceptive;
- c) do not have any direct or indirect link to other websites that contain any content that might cause a breach of the T&C.
11.5 The User further represents and warrants that:
- a) it does not use the Dressmore Services or the Website with fraudulent and/or illegal purposes;
- b) it does not use the Dressmore Services nor the Website on behalf of third parties, save for cases expressly authorized in writing by Dressmore;
- c) it does not perform spamming or phishing activities;
- d) it will not carry out any activity that might enable the growth of informatic viruses or other destructive tools and codes that can damage, interfere with, intercept, deactivate, destroy any software or hardware, data or personal information;
- e) it will not carry out any activity aimed at undermining the integrity of data or systems used by Dressmore and/or any other User and/or Buyer or gaining unauthorized access to such data or systems;
- f) it will not execute, nor try to execute, transactions with the Suppliers outside of the Website.
11.6 The User hereby shall indemnify and hold Dressmore harmless from all damages, suits, litigation, awards, loss, expenses and costs, including but not limited to, legal fees and costs, suffered/incurred and/or to be suffered/incurred by Dressmore as result of and/or in relation to the breach to these T&C by the User and/or false or inaccurate representations and warranties contained in these T&C and provided by the User by accepting these T&C.
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Force majeure
- Dressmore shall never be deemed responsible for a delay or error or interruption regarding the contents or Dressmore Services provided on the Website that directly or indirectly arise from natural events or events that do not fall within Dressmore’s control, including, without limitation, issues linked to the internet, telecommunications or other equipment breakdowns, lack of electricity, strikes, labour disputes, riots, insurrections, civil disorders, labour or materials shortages, fires, floods, storms, explosions, wars, governmental actions, court or national or international tribunals’ orders or underperformance by third parties.
- Intellectual property rights
13.1 Dressmore is the sole owner of all the rights and contents of the Website and of the Dressmore Services provided on the Website. The Website and the Dressmore Services represent trade secrets and other intellectual property rights globally protected by copyright and by the applicable relevant laws. All ownership and intellectual property rights of the Website and the Dressmore Services are and shall be of exclusive property of Dressmore.
13.2 The name “Dressmore”, the logo, the pictogram and all connected icons and logos and trademarks or registered trademarks are trademarks owned by Dressmore. Any unauthorized copy, change, use or publication of such trademarks is strictly forbidden. All other trademarks not owned by Dressmore that appear on the Website or any of the Dressmore Services are in the property of their respective owner.
13.3 [Third parties are allowed to publicly share the Website’s contents by using the buttons that can be found on the Website referring to external social networks, in accordance with these T&C. Those who publicly share Website’s contents take full responsibility regarding the content of their messages.]
- Withdrawal
14.1 Pursuant to art. 49, paragraph 1, letter (h) of the Consumer Code (as defined below), the Buyer has the right to withdraw from each Purchase Order of each Product, without giving any reasons, within 14 days from the day on which the Buyer or a third party (not the carrier) and appointed by the Buyer, obtains the physical possession of the ordered Product (hereinafter, the “Withdrawal Period”). If multiple Products are ordered with a single Purchase Order and delivered separately, the Withdrawal Period elapses from the day on which the the Buyer or a third party (not the carrier) and appointed by the Buyer, obtains the physical possession of the last ordered Product. In order to exercise the right of withdrawal, the Buyer shall send a notice of withdraw from these T&C in writing (e.g. by e-mail) to Dressmore Sarl , 22 boulevard princess Charlotte , 98000 Monaco, e-mail address info@dressmore.com. For this purpose, it is possible, but not compulsory, to use the standard withdrawal form which can be downloaded here. The Buyer may also complete and submit the withdrawal form or any other explicit statement on the Website https://www.Dressmore.com/t&c_withdrawalform. In such case, Dressmore will immediately send an acknowledgement of receipt by e-mail. In order to comply with the Withdrawal Period, the Buyer shall send the notice of exercise of the right of withdrawal before the expiry of the above period.
14.2 Following withdrawal from the Purchase Order, Dressmore shall reimburse all payments made by the Buyer in relation to the returned Products, including shipment costs, in any case no later than fourteen (14) days from the day on which Dressmore will learn of the decision to exercise the right of withdrawal. Such refunds shall be made using the same payment instrument used by the Buyer, unless otherwise agreed. In any case, the Buyer will not have to bear any costs as a consequence of such reimbursement.
14.3 Refunds may be suspended until Dressmore has received the returned Products or until the Buyer gives proof that the goods have been shipped. The Buyer must return all the Products to be returned without undue delay and in any case within 14 days from the day on which Dressmore is informed of the decision to exercise the right of withdrawal.
14.4 The Products must be returned correctly packaged in their original packaging, not damaged or dirtied and in a condition that allows the resale and equipped with all any accessories and the certificate of authenticity, if any, and the transport document sent with the original packaging, so as to allow Dressmore to identify the Buyer (name, surname, address and Purchase Order number). In case of loss of the original package, the Buyer shall, at its own expense, replace it. If the returned Product does not comply with the provisions of this article, the withdrawal will not be effective. The costs of returning the Products shall be borne by Dressmore provided that the Buyer uses the documents provided by Dressmore for the return and sends the goods to the country from which the delivery took place, otherwise the costs shall be borne by the Buyer. The Buyer is responsible for the reduction of the value of the Product due to use of the Product other than that necessary to establish the nature, characteristics and functioning of the Product itself.
- Tolerance
Tolerance of either party of a conduct of the other party in breach of the T&C does not amount to a waiver to the rights arising from the violated provisions, nor to the right to demand the fulfilment of all the terms and conditions envisaged in these T&C.
- Communications
16.1 All legal communications or requests from or on the Website or Dressmore Services can be made in writing and sent to Dressmore via e-mail (unless otherwise specified by Dressmore) to the following address: legal@Dressmore.com.
16.2 Dressmore shall provide all notices to the User at the e-mail address or physical address provided by the User during the registration process to the Website or to the address subsequently provided into the User’s Account by the User. The User is solely responsible for keeping that information current with Dressmore.
- Miscellaneous
17.1 If any provision of these T&C becomes invalid or non-binding, Dressmore and the User shall remain bound by all other provisions hereof. In that event, they shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these T&C.
17.2 The User may not assign these T&C or any interest the User have in such T&C without Dressmore’s prior written consent. Any prohibited assignment is null and void.
17.3 Headings used in these T&C are provided for convenience only and shall not be used to construe meaning or intent.
- Applicable law
18.1 These T&C have been construed and shall be governed and interpreted according to the courts of Monaco that shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
- Jurisdiction and dispute resolution
19.1 Any dispute relating to the interpretation, validity and implementation or in any way arising from these T&C and/or the activities related to the use of the Website and/or Dressmore Services shall be of the exclusive competence of the court of the city where the User has its residence or domicile, pursuant to art. 66 bis, of the Consumer Code.
19.2 Dressmore advises the User to first notify of any complaints by contacting Dressmore’s customer service available at info@Dressmore.com
19.3 The User irrevocably consent that the courts of Monaco shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
The User declares that it has read and expressly and specifically approves the following articles:
- Article 2 (General Terms and Conditions)
- Article 3 (Privacy)
- Article 4 (Performance of the Dressmore Services)
- Article 5 (User Account)
- Article 6 (Breaches)
- Article 7 (Purchase Order of Products)
- Article 8 (Failure of the Buyer to collect the Product)
- Article 9 (Dressmore’s liability)
- Article 10 (Disclaimer of warranties; Limitation of liability)
- Article 11 (User’s liability)
- Article 12 (Force majeure)
- Article 13 (Intellectual property rights)
- Article 14 (Withdrawal)
- Article 15 (Tolerance)
- Article 16 (Communications)
- Article 17 (Miscellaneous)
- Article 18 (Applicable law)
- Article 19 (Jurisdiction and dispute resolution)