§ 1Scope
1.1These terms govern the relationship between Kseniia Chudina Art+Event (the Organiser) and participants in the FASHION REBORN market, including the online catalogue at fashionreborn.ch.
1.2Participants are sellers who list pieces in the catalogue and at the market, and buyers who reserve and purchase pieces.
1.3Registering in the catalogue, reserving a piece or taking part in the market constitutes acceptance of these terms.
1.4Separate general terms and conditions apply to the Frankenplatz forum.
§ 2Nature of the service
2.1The Organiser provides a venue and a service for sellers and buyers to meet. The Organiser is not the seller, the buyer, a commission agent or an intermediary in the transaction.
2.2Pieces listed in the catalogue and presented at the market belong to the sellers. The Organiser does not acquire ownership of them at any point.
2.3The contract of sale is concluded directly between the seller and the buyer. The Organiser is not a party to that contract and does not accept or hold buyers’ payments.
2.4The Organiser does not check the authenticity, origin, quality, condition or lawful provenance of listed pieces, does not carry out appraisals and does not issue authenticity opinions.
2.5Information in the catalogue is provided by sellers. The Organiser does not verify its accuracy and is not responsible for it.
What this means in practice: until it is sold, the piece belongs to its owner and the money goes to them. We are responsible for the venue, the day and the order of things, not for the contents of someone else’s wardrobe.
§ 3Seller’s obligations
3.1The seller confirms that they are the lawful owner of the listed pieces and are entitled to dispose of them.
3.2The seller confirms the authenticity of the listed pieces. Listing copies, replicas and goods that infringe trademark rights is prohibited. Stating in the description that a piece is a copy does not remove liability.
3.3The seller must describe the condition of the piece accurately, including all defects, signs of wear, damage and traces of repair. Hidden defects must be stated and photographed separately.
3.4The seller bears full responsibility towards the buyer and third parties for the authenticity, origin and condition of the piece and its conformity with the description.
3.5The seller undertakes to provide pieces in a clean state, fit for trying on and for sale.
3.6The Organiser may refuse to list a piece without giving reasons, including where there are doubts about authenticity or the condition does not meet requirements.
3.7The seller indemnifies the Organiser against any third-party claims relating to the pieces they have listed and reimburses the related costs.
§ 4Buyer’s obligations
4.1The buyer assesses the piece independently before purchase: examines it, checks its condition and asks the seller questions.
4.2The buyer understands that the Organiser does not guarantee the authenticity or condition of pieces.
4.3Reserving a piece in the catalogue creates no obligation to purchase it and is not an offer. Reservations are free.
4.4Claims regarding a purchased piece are made directly to the seller.
4.5The buyer pays the seller directly, in cash or by transfer. The Organiser takes no part in settlements between buyer and seller.
§ 5Seller participation: packages, recording deals and payment
5.1Seller participation is arranged under one of the packages described on the market page. Current prices are shown there.
5.2The participation fee is paid on registration and is non-refundable, except in the cases set out in § 6 and § 11.
Recording deals
5.3Each piece has a unique identifier and QR code. All deals are recorded in the seller’s personal account in one of two ways:
- an online reservation followed by confirmation of handover;
- scanning the piece’s QR code at handover at the market.
5.4In their personal account, the seller sees the status of each piece, the deal history and overall sales statistics in real time.
5.5The seller must ensure every deal is recorded in the system. Handing a piece to a buyer without scanning the QR code or confirming the reservation is not permitted.
5.6The personal account statistics form the basis for calculating commission.
Commission
5.7For each recorded sale, the Organiser charges commission at the rate shown on the market page. Commission is charged only on pieces actually sold.
5.8Commission is calculated automatically from the personal account data and shown there.
Payment
5.9The buyer pays the seller directly, in cash or by direct transfer. The Organiser does not accept or hold buyers’ payments and makes no payouts to sellers. The seller confirms receipt of payment in their personal account, and the commission is invoiced to them separately, within the period set out in 5.10.
Settlement
5.10The commission invoice is issued within 7 days of the end of the market and is payable within 14 days of the invoice date.
5.11In the event of a breach of 5.5, handing over a piece without recording it in the system, the Organiser may refuse the seller participation in future markets.
§ 6Fee refund guarantee
6.1If none of the seller’s pieces is sold over two consecutive markets, the participation fee is refunded.
6.2The guarantee covers pieces that meet both of the following conditions at the same time:
- supporting documents are available: a receipt, certificate, serial number, original packaging or authenticity card;
- the price is set in line with the Organiser’s recommendation.
6.3The seller may set any price. If the price is set above the recommended one, the guarantee does not apply to that item.
6.4The guarantee does not apply to pieces the seller withdraws from sale before the end of the market.
§ 7Catalogue, personal account and reservations
7.1The online catalogue is available at fashionreborn.ch and runs indefinitely unless stated otherwise.
7.2Reserving a piece holds it for the period shown at reservation. When the period ends, the reservation is released automatically.
7.3The Organiser may limit the number of simultaneous reservations per user.
7.4The Organiser does not guarantee uninterrupted availability of the catalogue and is not liable for technical failures.
7.5The seller’s personal account is available after registration and contains the catalogue of pieces, statuses, deal history and sales statistics.
7.6The seller is responsible for keeping their personal account access details secure.
§ 8Running the market
8.1The date, time and venue are shown on the market page.
8.2The Organiser provides the premises, the display of pieces, changing rooms and the organisation of the event.
8.3The Organiser may change the date, time or venue, notifying participants. If the market cannot take place, § 11 applies.
8.4The Organiser is not liable for damage to or loss of pieces during the market, except in cases of intent or gross negligence.
8.5Sellers are advised to insure pieces of significant value themselves.
§ 9Unsold pieces
9.1Unsold pieces may be collected on the day of the market before closing, or within seven days by arrangement.
9.2Pieces sent by post under the relevant package are returned at the Organiser’s expense.
9.3If pieces are not collected and return postage is not paid within 30 days of the end of the market, they become the property of the Organiser. The seller is notified of this before the period expires.
§ 10Organiser’s liability
10.1The Organiser’s liability is limited to cases of intent and gross negligence, to the extent permitted by applicable law.
10.2The Organiser is not liable for the authenticity, quality, condition or lawful provenance of pieces.
10.3The Organiser is not liable for the performance of obligations between seller and buyer.
10.4The Organiser is not liable for indirect damage or loss of profit.
10.5The limitations of liability do not apply in cases of harm to life and health.
§ 11Cancellation and postponement
11.1If the market is cancelled through the fault of the Organiser, participation fees are refunded in full.
11.2If the market is postponed, participation carries over to the new date. The seller may withdraw and receive a refund of the fee within 14 days of notification.
11.3If the market is cancelled due to force majeure, the Organiser refunds fees less the costs actually incurred.
11.4A seller withdrawing less than 14 days before the market is not entitled to a refund of the fee.
§ 12Data protection
12.1Personal data is processed in accordance with the Privacy Policy published at fashionreborn.ch.
12.2Photos and video may be taken at the market. Participants who do not wish to be filmed or photographed inform the Organiser accordingly.
§ 13Final provisions
13.1The Organiser may amend these terms. The version in force at the time of registration applies.
13.2The invalidity of any individual provision does not affect the validity of the others.
13.3Swiss law applies. The application of the Vienna Convention on Contracts for the International Sale of Goods is excluded.
13.4The place of jurisdiction is Baden, Aargau, unless applicable law provides otherwise.