ARTICLE 1.  GENERAL SCOPE OF GENERAL TERMS AND CONDITIONS

1.1       Welcome to Emily’s Department Store – Jutta Christ, (hereinafter, “We”, “Us” or “Our”) by means of our website www.emilysdepartmentstore.com, hereinafter the “Website”, we provides various services which allow an end user (hereinafter “User”, “You” or “Your”) access to a marketplace for sales of luxury resale items online, hereinafter the “Products”.  These present General Terms and Conditions (hereinafter “GTAC”) govern Your access to and use of Our Website at www.emilysdepartmentstore.com, hereinafter the Website.  Through Our Website We provide various services which allow Buyers and Sellers access to Our online marketplace for the marketing, sale and brokerage of luxury designer second-hand fashion, hereinafter the Service.   

BY CREATING AN ACCOUNT, ACCESSING OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ASSENT TO THESE GTAC, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE GTAC AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THESE GTAC (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY THESE GTAC, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS THAT APPLY YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY WAY.

1.2.      Intellectual Property:

            1.2.1    The User agrees not to reproduce duplicate, copy, sell, resell, or exploit any part of the Service, the use of the Service, or the access to the Service, or any sort of contact made on the Website which the Service is offered without Our express written authorization. 

            1.2.2.   Emily’s Department Store is the owner of the texts, images, and content of the Website. They are protected by copyright and other intellectual property rights. No part of the Website may be copied, reproduced, modified, distributed, viewed, posted, or transmitted without authorization. All brands, product names, names of companies, and logos present on the Website are the express property of their respective owners.

1.3       Errors or Omissions:   There may occasionally be information regarding our Website or in the Service which contains typographical errors, inaccuracies, or omissions which may pertain to the description of products, prices, promotions, offers, costs of shipping, delivery times, and availability. We reserve the right to correct eventual errors, inaccuracies, or omissions, to change or update the information, or to cancel orders if any information in the Service or on any relating website is inaccurate at any moment without prior notice. We do not assume any obligation to update, change, or clarify the information present in the Service, or on any relating website, including, without constraint, information on prices, except when required by the law.

1.4       Price:   The prices of our products are subject to change without prior notice. We reserve the right to change or interrupt the Service (or any part or content of it) at any moment without prior notice. We will not be responsible to the User or to third parties for any eventual change, price variations, or suspension or interruption of the Service.

1.6       Modifications to Terms and Conditions: Emily’s Department Store reserves the right to modify the GTACs without prior notice.  We reserve the right, at our exclusive discretion, to change or replace the present GTACs at any moment. What constitutes a substantial change will be determined at Our exclusive discretion.

ARTICLE 2. GENERAL USE OF THE EMILY’S DEPARTMENT STORE  WEBSITE

2.1       The Website, Emily’s Department Store, can be visited without registration.  However, purchases and sales can only be made by registered users.  The Website allows buyers and sellers to enter into legal contract for the items for sale displayed on the Website. 

2.2       Users can be both buyers and sellers for items on the Website.  As a buyer, Users registered with Emily’s Department Store, can view descriptions and images of items for sale and submit an offer to purchase the items as shown.  By special arrangement, items for sale can be inspected in the business premises of Emily’s Department Store prior to purchasing. 

2.3       In each individual sales process, Emily’s Department Store acts between the Users as a representative with power of attorney for the respective seller who is marketing their products for sale. 

2.4       The User must be at least 18 years of age and have full legal capacity to make purchases on the Website.

2.5       The User will not create or use accounts other than the initially created one, whether it be under their own identity or that of a third-party.

2.6       The User will not provide unreliable, false, or incorrect information or data during the registration process.

2.7       When You create an Account with Us and provide Your email address and/or mobile phone number and/or when You communicate with Us electronically, such as via email or through the Service, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US. These communications may include notices about Your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and Your relationship with Us.

2.8       The User also agrees to inform Emily’s Department Store in a timely manner regarding any fraudulent use of their personal data or of their username or password by a third-party, as soon as they become aware of it. In this regard, the User will commit to indemnifying Emily’s Department Store for any potential damages suffered or of the potential expenses incurred as a result of the usage of the data connected to the User themselves by any third-party that has had access to the Website, as much in the event that the User has authorized this usage, as in the event that they were unaware of it.

ARTICLE 3 BUYER – SELLER RELATIONSHIP

3.1       If an item for sale is presented and set on the Emily’s Department Store Website, this only represents an invitation to a potential buyer to submit an offer.

3.2       Buyer registered in Emily’s Department Store can add an item for sale to the shopping cart on Emily’s Department Store Website by clicking the "purchase" button to buy it. In a shopping cart there can be items for sale from one or different sellers, also from different commercial or private sellers. This intermediate step in the purchase process is not yet binding for either side. Before submitting a binding offer, the buyer has the opportunity to check all the data he has entered and the sales items placed in the shopping cart, to make corrections to the contents of the shopping cart and/or to remove sales items from it.  A binding purchase offer only comes about when you have submitted a payment and collected the item. Immediately afterwards, the buyer receives a confirmation that his purchase offer has been received. The issuance of this confirmation by Emily’s Department Store does not constitute a declaration of acceptance of the purchase offer on behalf of the seller. Emily’s Department Store reserves the right to reject the buyer's offer without giving any reason. In this case, Emily’s Department Store will inform the buyer accordingly.

3.3       Payment of the order by the Buyer will be made through one of the secure payment methods offered by Emily’s Department Store, as proposed from time to time on the Website or upon pickup, with approval from Emily’s Department Store.  The Buyer’s personal data pertaining to the order will be processed in accordance with applicable privacy laws.  For more information, the Buyer can consult the Privacy Policy and Cookie Policy here. 

3.4       Products:  All products present on Our Website, before being put on sale, are checked by Emily’s Department Store for authenticity.  Sellers must present a receipt or card of authenticity.  Authenticity is not guaranteed by Emily’s Department store or a third party.  If Buyer wishes to have product authenticated by a third party, please inform Us before purchase.  Cost of authentication will be borne by purchaser.

3.5       Cancellation/ Complaints/Returns/Reimbursement

            3.4.1    All products are sold “AS IS” based on the description given on the Website and does not provide any guarantees for the products sold.   

            3.4.2    Buyer has the right to inspect all items upon pickup.  Upon inspection at pickup, if Buyer has prepaid the item(s) and wishes to return or get reimbursed for the purchase(s), they can do so solely at this time.  Once an item leaves Emily’s Department Store, no refunds or reimbursements will be given. 

            3.4.3    If the seller has a complaint or would like to contact Emily’s Department Store, the buyer can be contacted at the following address:  jc@emilysdepartmentstore.com

            3.4.4.   After a complaint has been received by Emily’s Department Store, We will review the concern and provide an opinion to the Buyer.  If no agreement is reached between Buyer and Seller in this way, Emily’s Department Store will propose a resolution that could work for both parties but cannot guarantee an outcome satisfactory to both parties.  Beyond this mediation activity, Emily’s Department Store does not take any further responsibility for complaints from buyers.

3.5.      Notices:     All notices under this Agreement must be in writing (which includes emails).

If You have any questions or comments about the GTACs or the Service or wish to terminate this Agreement, please contact Us by email at: jc@emilysdepartmentstore.com

We will provide all notices to You at the email address that You have provided to Us. You are solely responsible for keeping that information current and accurate.

All agreements, notices, disclosures, and other communications that We provide electronically to You satisfy any legal requirement that such communications be in writing.

ARTICLE 4  LAW, CONTRACT LANGUAGE, JURISDICTION, AND MISCELLANEOUS

4.1       Contract language is in English only.

4.2       These terms and conditions as well as the purchase contracts concluded on the Emily’s Department Store Website are governed exclusively by Swiss law under the jurisdiction of Zürich, Canton Zürich, Switzerland.

4.3       Severability:    If a provision of these terms and conditions is wholly or partially invalid, the remaining provisions remain unaffected.

4.4       Privacy:           Emily’s Department Store observes the legal provisions for the collection, storage and processing of personal user data. Details are set out in the privacy policy. The data protection regulations form an integral part of these General Terms and Conditions.