Terms and Conditions
Terms and Conditions
1. GENERAL INFORMATION
We, Continued ApS, Reg no. 38958895, Slotsgade 2, 3th., DK-2200 Copenhagen N, would like to familiarise you with our standard Terms and Conditions (hereafter referred to as the ”Terms”), which govern our Services (as defined below). Through the <https://gestuz.continued.fashion> website provided on the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
Any reference to ”you” or ”your” means you in your capacity as a User of the Platform, and any reference to ”we”, ”us”, or ”our” means Continued.
2.1. We offer Platform Users an opportunity to (i) register Gestuz fashion goods, (ii) sell Gestuz fashion goods, (iii) purchase pre-owned Gestuz fashion goods (goods are referred to as “Items”) directly from other customers who have decided to sell through the Platform, and (iiii) add Items to a Watchlist that connects Buyers and Sellers when there is a clothing match.
2.2. Access to and use of the Platform
2.2.1. In order to use the Platform Services you must be registered as a User and create a Platform Account (an “Account”). Once we have processed and accepted your request, you will receive an email with your login information to the Platform.
2.2.2. Users must be at least 18 years of age.
2.2.3. Sharing Account- or login information or giving third parties access to your Account is prohibited.
2.3. Services on the Platform
2.3.1. The provided Services of the Platform include the following (“Services”) (not all Services will be available to you at all times):
– Purchase of Items (the Purchase Option as defined in clause 3)
– Register and list your Items (the Sell Option as defined in clause 4)
– Add Items to Watchlist (the Watchlist Option as defined in clause 5)
2.3.2. A binding contract (the “Contract”) is formed when you receive a confirmation of your order request in relation to the Purchase Option in accordance with clauses 3-4.
2.3.3. The Gestuz PRE.LOVED Service may only be used to ship Items that Gestuz PRE.LOVED and its business partners have issued shipping labels for.
2.3.4. The Services of the Platform are delivered in Denmark only.
2.4. Passing of Title
2.4.1. Items acquired under the Purchase Option (clause 3) remain the Seller’s property until full payment of the Purchase Price (as defined below) has been made by you/a Buyer.
2.5. Right of Withdrawal
2.5.1. All sales are final and returns are not accepted. Instead, Buyers can always re-list a purchased Item for sale on the Gestuz PRE.LOVED Shop.
2.5.2. In the event that a Seller has misrepresented the Item you purchased, you have two (2) days to notify us about the issue and request a refund. The 2-day time period starts when you receive the Item and is determined by the Gestuz PRE.LOVED Service through the provided tracking information.
2.5.3. You confirm receipt and acceptance of the Item, either by affirmatively notifying us or failing to notify us within two (2) days of delivery (as determined by the tracking information).
2.6. Refund Policy
2.6.1. When you receive an Item you have purchased on the Gestuz PRE.LOVED Shop, you have two (2) days to notify us if the Item has been misrepresented. You can reach out via email or register your claim through your order list on your profile. Hereafter, you must follow the email instructions sent to you for your claim to be resolved. If no claim has been registered two (2) days after your order has been delivered, we will automatically release the payment to the Seller. Once this happens, you can no longer claim a refund.
2.6.2. You accept that the Gestuz PRE.LOVED Service determines the accuracy of Item conditions and has the sole authority to determine whether a refund is or is not warranted. Buyer and Seller understand and agree that they will abide by any final determinations made by the Gestuz PRE.LOVED Service in respect to any issues and return requests.
2.6.3. If the Gestuz PRE.LOVED Service agrees that the Item has been misrepresented, we will email you a shipping label to return the Item to the Seller. You have six (6) days to ship the Item after which you will receive a refund. The refund corresponds to the price paid for the item. Shipping costs and other fees paid in relation to the purchase are your own responsibility.
2.6.4. Sellers must generate a shipping label and pay the return costs in the event that an Item has been misrepresented or the Continued Customer Service Team resolves an order issue or claim by making a cancelation.
2.7. Refund Eligibility
2.7.1. If any of these apply to your purchase, please contact our Customer Service Team immediately:
– Undisclosed damage
– Incorrect or missing Item
– Not an authentic Gestuz Item
2.7.2. We cannot offer returns or exchanges if the Item does not fit or if you regret a purchase. Instead, you can always re-list the Item for sale on the Platform.
2.7.3. In case you have exercised your right of withdrawal in accordance with clause 2.5, you will receive a refund of the charged Purchase Price for the Item on the payment card you used for the purchase.
2.8. Purchase Price
2.8.1. Users must pay for Products using payment methods approved by us. We will receive payments from Users on behalf of Buyers and Sellers.
2.8.2. All prices on the Platform are stated in DKK unless otherwise stated.
2.8.3. The purchase price of an Item (“Purchase Price”) will be found on the Platform and stated in the payment process. The Purchase Price will also appear on your Account when you have made an order request.
2.8.4. When you make an order request for a Purchase, you hereby authorize us to reserve the Purchase Price and other related charges and/or fees on your payment card, i.e. shipping costs. The reservation is valid up to seven (7) days or until a Seller accepts your order request, drops off the package in a parcel shop and you receive and accept the ordered Item(s). If the Seller does not meet the shipping deadline which is indicated on the deal, the reservation will lapse in your bank account.
2.8.5. The Purchase Price and other related charges and/or fees will be withdrawn from your chosen payment card when you have received and accepted the goods (the goods are automatically accepted if no claim has been made two (2) days after delivery).
2.9. Seller Payout
2.9.1. The Seller’s Payout will be issued upon the successful completion of an order request as the net of any and all transaction and commission fees that We apply to an Item. The Seller’s net Payout amount (issued in the form of store credit/online voucher (if applicable) or a cash transaction to bank account) will be stated prior to the Seller’s acceptance of a listing and order request. No Item is sold without the Seller's acceptance of the current Payout Value in cash or Store Credit/Online Voucher Value which will be issued.
2.9.2. The Seller’s store credit/online voucher, if applicable, can be redeemed on the official Gestuz webshop and is both issued and subject to the Gestuz Partner Conditions which can be found on the official Gestuz website.
2.10. Means of Payment and Payouts
2.10.1. You can use Mastercard, Visa, Visa Electron, and Dankort for payment and Payout on the Platform.
2.10.2. We reserve the right to check the validity of the credit or debit card, how much credit there is in relation to the payment amount, and whether your address information is correct. Any order may be rejected depending on the outcome of this check.
2.10.3. Continued uses Stripe for payments and financial services.
Paying out money is complicated by stringent regulations that vary by country. Stripe Connect shifts payments KYC obligations from Continued to Stripe. Under the hood, Connect offers card data tokenisation to help with PCI compliance, provides verification systems to manage KYC checks, leverages Stripe’s licences around the world, and more.
3. THE PURCHASE OPTION
3.1. In this clause, you find the specific terms that apply when you purchase an Item from another customer who has decided to sell it through the Platform (hereafter referred to as “Purchase” or the “Purchase Option”).
3.1.1. Through anonymous matchmaking between Sellers of a particular Item and Watchers (i.e. potential Buyers), a Buyer can make an order request that is valid for 48 hours. Within this time, all Sellers of the Item have the option to either accept or reject the order request. On a first come, first served basis, a Seller can win the order by being the first to accept the order request. If the order request is accepted, the Buyer must purchase the Item from the Seller, and the trade is binding for both parties (clause 2.3.2).
3.1.2. Users are kept anonymous during the order request flow. Names and delivery addresses will, however, appear on the shipping labels and payment receipts when a Seller has accepted an order request. The shipping label will be sent to the Seller, while the receipt will be sent to both parties in the trade (Buyer and Seller) via the email provided on the given Platform Accounts.
3.1.3. You may choose to purchase Items on the Platform, where applicable.
3.1.4. All Items on the Platform will not be available to Purchase. Continued gives no guarantee that Buyers are able to exercise the Purchase Option. If an Item is listed, it will appear to be available for purchase on the Platform. The final sale is, nevertheless, determined by a Seller's acceptance of an order request. If no Seller accepts an order request within 48 hours, the order request will be canceled.
3.1.5. When purchasing an Item that is secondhand/pre-owned and/or pre-used you understand and accept that the condition and state of the Item may not be as new. The secondhand/pre-owned and/or pre-used Items that are listed for sale on the Platform are in good to mint condition but should be expected to be used.
3.1.6. You bear the responsibility to read and review the Item listing before making an order request. The purchase contract is between you (the Buyer) and the Seller, not the Gestuz PRE.LOVED Service.
3.2.1. Buyers must purchase requested Items from Sellers, and this is considered a binding contract. When purchasing an Item, a Buyer is obligated to remit payment for the Item to us including any shipping or additional fees noted. The Gestuz PRE.LOVED Service is not an auctioneer, nor is it a Seller or carrier.
The Service includes pricing, listing, and shipping assistance but Gestuz PRE.LOVED is neither a Buyer nor a Seller of Items.
3.2.2. The Gestuz PRE.LOVED Service may delay any Purchase for purposes of fraud detection or to protect Users from any illegal or wrong activity. All Item purchases are final with no returns, refunds, cancelations, or retractions allowed, except if the purchase is canceled and explicitly permitted by the Gestuz PRE.LOVED Service or where the Seller has misrepresented an Item or failed to ship it within the deadline of 72 hours (Clause 2.5).
3.3. Delivery and return of Items
3.3.1. Once you have placed an order request on the Platform, you will receive a confirmation on the email provided on your Account.
3.3.2. We will inform you if your order request has been accepted and awaits a Seller's shipping action or has been rejected and will be canceled.
3.3.3. We will inform you when the Item has been shipped. Your Item is considered delivered when it has reached the delivery address specified in your order (home delivery) or it has been picked up in a parcel shop (delivery to parcel shop).
3.3.4. Your order will be shipped to you via your chosen distribution partner and can be picked up at your nearest parcel shop or delivered to your address. Notifications will be provided via email. Please ensure that you pick up your parcel within 7 days. By failing to pick up your order in time, it will be returned to the Seller.
3.3.5. Once you have received your order, please look your Item over carefully and ensure it is as described. If everything is ok, accept the order. If you have any concerns, please contact our Gestuz PRE.LOVED Customer Service Team within two (2) days of delivery. We will refund you if your Item never ships or has been misrepresented by the Seller (Clauses 2.5 to 2.7).
3.3.6. When a Buyer has received and accepted an Item, the ownership is transferred to the Buyer, and a payment receipt with both parties (Buyer and Seller) will be sent to each email provided on the given User Accounts.
4. THE SELL OPTION
4.1. In this clause, you find the specific Terms that apply when you request to register, list, and sell Items purchased from Gestuz through their website or through other sales channels via the Platform (hereafter referred to as “Sell” or the “Sell Option”). The Gestuz PRE.LOVED Service only allows the registration and sale of 100% authentic Gestuz Items in well-kept condition. Products that are not searchable via the Gestuz database cannot be registered, listed, or sold on the Platform.
4.2. Use your Register Referral Link as directed by Gestuz or find your Item through our search page to register with the option to resell on the Platform. If your request to register and/or list a Gestuz Item is accepted by us, you will receive a confirmation email. Your Item will immediately be registered on your Account and/or listed for purchase on the Platform.
4.3. By choosing the Sell Option, you confirm that we may list your Item for resale on the Platform and contact you in the event that a Buyer makes an order request. You give Power of Attorney (POA) to Continued to list your item on Gestuz PRE.LOVED.
4.4. Sell Value
4.4.1. The value of the Sell Items (“Sell Value”) will be determined directly via the Platform, once you register the Item on the Platform and describe its condition (only Gestuz Items in well-kept condition are eligible for resale using the Gestuz PRE.LOVED Service).
4.4.2. The Sell Value is exclusive of shipping costs, as shipping fees for orders will be the Buyer’s expense.
4.4.3. The current Sell Value (Payout in Store Credit/Voucher Value or cash) will be displayed to you immediately upon registration for sale and before you accept an order request.
4.4.4. The Sell Value reflects a current recommended price based on data about the Item, including the type of Item and its original retail price. Users cannot adjust this price which is dynamic and subject to change over time. When receiving an order request, Sellers will always see the current price and Payout Values before accepting the order. Further, the current Sell Value of a Seller's listed Items is listed on the individual Seller's User Account on the Platform (see Listed Items).
4.5.1. Creating a User Account on the Gestuz PRE.LOVED Service is free. Gestuz PRE.LOVED Service charges a fee when a sale has been made. In general, Gestuz PRE.LOVED Service charges a 30% fee (i.e. the Seller keeps 70%) of the purchase price paid by a Buyer for Items listed by you if you choose to get your Payout in cash. If you choose to get your Payout in store credit/online voucher, there is no fee. The charged fee reflects Services such as providing pre-filled shipping labels, processing payments and exercising customer support.
4.5.2. Your current net Payout amount (issued in the form of store credit/online voucher or a cash payment to your credit card) will be shown to you prior to your acceptance of a Listing and before you accept an order request.
4.6. Fee Modifications.
4.6.1. We may change or discontinue, temporarily or permanently, some or all fees of the Service. Such changes will be effective upon our revision of these Terms.
4.7. Stating the condition of the Item
4.7.1. When you place your request for the Sell of an Item (i.e. List an Item) via the Platform, you must accurately state the condition of the Item. We only accept Items in well-kept condition. A well-kept Item may have been used but shows no defects and is overall well maintained and in excellent secondhand condition. For example, we do not accept Items that have major rips, stains, or missing/broken buttons or zippers. You will be guided through a simple Conditional form both as you list your Item and as you accept an order request.
4.7.2. If your Item does not meet all requirements in the conditional form, you will be offered a Deposit Value corresponding to the Recycle Value of the Item. We encourage you to sell on other resale marketplaces or repurpose the Item in other ways if you are not interested in the offered Recycle Value.
4.8. Your Representations, Warranties, and Indemnification
4.8.1. When using the Sell Option, you represent and warrant that (a) you have good and marketable title to the Items in question and have the right to sell the Item(s); (b) none of the Items is subject to any liens or other encumbrances; (c) the Items are not counterfeit goods; and (d) the Items do not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary rights of any third party, any state or federal law, or any administrative regulation.
4.8.2. Even though trade flows on the Gestuz PRE.LOVED Service are anonymous, we do monitor sales records of individual Sellers to prevent any attempt to misuse the Service. In the event that a Seller fails to ship sold Items, ships counterfeit Items, or misrepresented Items repeatedly, the Seller's Account will be permanently closed. We take the safety of Buyers very seriously and have zero tolerance towards abuse.
4.9. Remove Listings
4.9.1. You can at any time remove your listings from your Account on the Platform.
4.10. Accepting or Rejecting an Order Request
4.10.1. Sellers have the opportunity to respond to an order request that is valid for 48 hours. Within this time, all Sellers that have listed the Item have the option to either accept or reject the order request. On a first come, first served basis, a Seller can win the sale by being the first to accept the order request. If a Seller wins an order, the Buyer must purchase the Item. The trade is binding for both parties (clause 2.3.2).
4.10.2. Users are kept anonymous during the order request flow and until a Seller has accepted an order request and is provided with a pre-filled shipping label with the Buyer’s delivery address. We prepare a payment receipt with both parties (Buyer and Seller) listed. The receipt will be sent to each party when the sold/purchased Item has been delivered to and accepted by the Buyer.
4.11.1. When an order request has been accepted, the Gestuz PRE.LOVED Service will provide the Seller with a prepaid and pre-addressed shipping label (a “Label”) to ship the Item to the Buyer.
4.11.2. When the shipping label is received, the Seller must ship the Item within three (3) business days. If the Seller fails to ship the Item before the deadline, the order will be canceled. Sellers must use the provided shipping label for the shipment and must only use it to ship the exact Items that have been ordered via the Gestuz PRE.LOVED Service. The Seller is fully responsible for the content of a shipped parcel and that it complies with all Terms and Conditions of the shipping carrier.
4.11.3. Sellers should make sure that sold Items are ready to wear and freshly laundered before shipment. Shoes and bags should be clean, and nothing should be left in bags or pockets. We encourage Sellers to take a couple of images or record a video of their sold Items together with a handwritten note with their name, the date of the sale and the word Gestuz PRE.LOVED. Documenting the shipment in images is also highly recommended.
4.11.4. If a Buyer fails to collect an order in the pickup window, the item will be returned to the Seller, and the order will be canceled. In this case, all shipping fees are the buyer's responsibility, meaning that the shipping fee paid for the delivery will not be refunded, and the shipping fee paid for the return will be deducted from the refund (i.e. the price paid during checkout).
4.12. Transfer of Ownership and Settlement
4.12.1. Ownership of the Item is transferred to the Buyer upon receipt and acceptance of the goods (Clause 2.5). Once a Buyer confirms receipt and acceptance of the Item, either by affirmatively notifying us or failing to notify us within two (2) days of delivery (as determined by tracking information), the Gestuz PRE.LOVED Service will issue the Payment of the Item to the Seller. It can take up to ten (10) business days for the Payout to be visible to the Seller.
4.12.2. If the Seller has chosen store credit/online voucher as payment, it will be sent to the email provided on the User Account. The store credit/online voucher can be redeemed in the official Gestuz webshop. Users of Gestuz PRE.LOVED allow us to share their information with Gestuz. The Privacy Policies of Gestuz, Gestuz PRE.LOVED and Continued apply.
5. THE WATCHLISTS OPTION
5.1. In this clause, you find the specific Terms that apply when you create a search or add Items to your Watchlist on the Platform (hereafter referred to as the Watchlists Option). Watchlists are part of your trade-kit. What do you pick from the latest and past collections from Gestuz? Build your Watchlist to track the Items you want and be notified whenever there is a match between you and a Seller!
5.2. When using the Watchlists Option, you confirm that we may list your watched Items on your Platform Account and contact you via email in the event that there is a match between you and a Seller.
5.3. You can edit your Watchlist and remove Watchlist Items from your Account at any time.
6. USE OF THE PLATFORM
6.1. The Platform is developed, maintained, operated, and powered by Continued ApS, Reg no. 38958895, Slotsgade 2, 3th., DK-2200 Copenhagen N, in accordance with the data processing agreement between Continued ApS and Partner Brands. Continued ApS takes full responsibility for all payments made via the Platform. This responsibility includes refunds, chargebacks, cancelations, and dispute resolutions regarding payments.
6.2. Colors, Sizes, and Warranty on Items
6.2.1. We use our best endeavor to display the properties of all Items as accurately as possible, however, the color of an Item shown on the Platform depends on your computer system and we make no guarantee that your computer will display the colors accurately. We do our best to state the sizes of all Items as precisely as possible, in order to give you an impression of the Item’s model and fit, however, we provide no guarantee of the correctness of the information provided by us. The product images do not reflect the actual Item that you can buy. All Items will be shipped from private Sellers and may be pre-used.
6.3. Restrictions on Right of Use
6.3.1. Information, data, and illustrations constituting all or part of the Platform may not be shared with third parties or otherwise used to operate a directly or indirectly competing business, including reselling Items, which were purchased on the Platform, outside the Platform.
6.3.2. We reserve the right, without notice, to block your access to the Platform in whole or in part, if we have reasonable ground to believe that you are violating these Terms.
7.1. The use of the Platform is at your own risk and we do not give any direct or indirect guarantee that the information is correct, nor do we accept any responsibility for errors and omissions of any kind. We are not liable for indirect losses or consequential damages arising from use of the Platform, including operating loss, loss of profit, loss and/or restoration of data, loss of goodwill, and other forms of consequential loss. We are not liable for any losses incurred as a result of the fact that you have not had the opportunity to use the Platform, for whatever reason, and regardless of whether we have been advised of the possibility that such a loss could occur. We are not liable for any purchases or actions that you do as a result of misbehavior.
7.2. We disclaim any responsibility for any loss or damage that may be attributable to your own connection to the Platform, including the lack of Internet access, system crashes, or other issues related to your IT equipment, software, browser, etc.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All of the intellectual property rights relating to the Platform, including copyrights, belong to Continued ApS, and may not be copied or used in any other context without Continued ApS’s permission. The content on the Platform, such as pictures of clothes, etc., belongs to us or Gestuz.
8.2. Service is provided by Continued on behalf of our Brand Partner (Gestuz). Gestuz PRE.LOVED and Gestuz tag lines, logos, images, and product names are trademarks or registered trademarks of Gestuz, CVR no. 24431118, La Coursvej 6, 7430 Ikast, Denmark in the EU and other countries.
8.3. You may freely link to the Platform. This means that if you want to refer to the front page of the Platform, or to a specific sub-page, e.g. because you would like to share this with others, this must be done in such a way that it is clear that the reference is made to the Platform. However, it is not allowed to link to the Platform in such a way that the Platform appears as part of another website or platform unless you are the Brand Partner.
9. FORCE MAJEURE
9.1. Except for the payment of financial claims, we are not liable to you for matters beyond our control and which we should not have taken into account, avoided, or overcome (“Force Majeure”). Issues with our suppliers are considered Force Majeure if there is a corresponding obstacle for the supplier, and the supplier should not have avoided or overcome this, possibly by using an alternative supplier.
10. PERSONAL DATA
11.1. Governing Law and Jurisdiction
11.1.1. The Terms and all Contracts entered are subject to Danish law. Disputes that may arise in connection to the Terms or any Contract are subject to the Danish courts. The court of the first instance shall be the City Court of Copenhagen.
11.2.1. Contact our Support Team for more information about the Platform, its features, and these Terms, or if you need help with your Account. You can email us at firstname.lastname@example.org.
11.3.1. If any provision in the Terms is found to be invalid, unlawful, or unenforceable, the validity, legality, and enforcement of all other provisions in the Terms shall remain in full force and effect.
12. UPDATES OF OUR TERMS
12.1. We reserve the right to update the Terms and the Platform. You should, therefore, regularly access the Platform to familiarise yourself with our Terms as you are subject to our Terms when you use the Platform.
These Terms were last updated on 11-07-2022.