G-STAR REWEAR GENERAL CONDITIONS OF USE
The General Conditions of Use define the contractual conditions of the relationship between “G-Star” and the Site “G-Star Rewear”, and the online users wishing to use the services offered on the Site.
The "Site" means the platform under the domain name G-Star Rewear, on which the services of G-Star are offered, namely the sale and purchase of second-hand items under the G-Star G-Star Rewear.
The services of the Site are reserved for persons residing in The Netherlands.
The Site is limited to natural persons and for the personal use of second-hand items from G-Star G-Star Rewear purchased or sold (the “Item” or “Items”). The Site can in no case be used to support commercial activity in any form whatsoever.
The General Conditions of Use are subject to change at any time according to changes in the Site and/or regulations.
The General Conditions of Use in force at the time of your Trade-in and/or your Purchase will be applicable to you.
For any request for information, and if you have not found the answer in these General Conditions of Use or in the FAQ section, you can contact our Customer Service directly from Monday to Friday from 9 h to 17h here.
1.1 Registration and Member Account
The services of G-Star Rewear are open to people duly registered on the Site. The registration is open to any person over 18 years old.
Any Member who wishes to register creates an account on the Site ("Member's Account") by first providing a valid e-mail address and a password. It is through the Member's Account that the Member will be able to use the Trade-In services.
All Members undertake to provide accurate information regarding their identity, address, and other data required to access and use the service and to update any changes in this information. To benefit from the services offered by the Site, all Members must be residents of the Netherlands.
The Member undertakes not to communicate his or her connection identifiers, and the Site cannot be held responsible if any damage results from the disclosure of his or her identifiers by a third party. In case of loss of password, the Member can click on the link "forgotten password," and his identifiers will be sent to the e-mail address he or she will have given during his/her registration.
The fact that a Member completes the registration form with one or more erroneous or incomplete data may result in the refusal of registration or the deletion of the account without notice or compensation and without any recourse on the part of the Member.
The Member undertakes to inform G-Star without delay of any illicit use by third parties of his/her identifiers.
A Member shall not:
- Offer counterfeit products.
- Create more than one account under any circumstances.
- Manipulate or intentionally break down the Site and the billing process.
- Distribute false information, defamatory information, slanderous information, and/or including personal information.
- Transfer his/her account and login information to another user.
- Copy, modify, or distribute Site content, Site services and tools, and the Site G-Star.
- Harvest or collect information about Members without their consent or without the consent of the Site.
- Harvest or collect information about the Site without the consent of the Site
- Hack, modify, deface or destroy Site data and access Site data that is not accessible or explicitly presented.
- More generally, use the Site in bad faith and/or fail to comply with any of the provisions of these Terms of Service.
- Post or disseminate in any form whatsoever information or content that has the effect of diminishing, disrupting, preventing the normal use of the services, interrupting and/or slowing down the normal flow of communications between Members through the services, such as software, viruses, logic bombs, mass mailing, etc.
- Disseminate viruses or any other technology that could harm the Site, the interests of the Members of the Site, or their property.
G-Star also reserves the right to close Member Accounts that have not been confirmed, as well as accounts that have been inactive for more than one year.
1.3 Continue as a Customer
If you only wish to use the Site to purchase an item, you do not necessarily need to create a Member Account. You can make the purchase as a "Customer".
2. Sell - Trade in Service
The Site offers a "Trade-in" service, open to all registered Members.
When a Member sends Items directly to the Site in exchange for a credit, it is called a “Trade-in”.
The "Credit" means the amount indicated on the Site for the Trade-in of an Item at the time of entry on the Site under the heading Trade-in.
2.1 Accepted Items
Items offered by a Member for sale on the Site, will be accepted for G-Star Rewear when being ready-to-wear G-Star Women's and Men's Items, released from 2017 onwards; with the exception of “G-Star exclusives” collections from former years, which may be accepted if fulfilling the conditions set below. G-Star products from current collections will not be accepted, nor items released before 2017. Any item offered for sale must be in one of the following categories:
- New condition: With original tag, never worn
- Excellent condition: Like new with no signs of wear or defects.
- Very good condition: With only minor wear and tear.
Items without a G-Star name or with a cut-off G-Star name label or without a G-Star inside label or G-Star wash & care label will not be accepted.
Under no circumstances may the Items be in any other condition (damaged, worn, out of order, stained, with holes, deformed, dirty…). It is the Member's responsibility to verify that the Item corresponds to the Trade-in criteria and that it falls within one of the 3 categories mentioned above. Upon receipt of the Item, G-Star will check if the category indicated is in accordance with the condition of the Item. The Trade-in amount will be reduced to reflect the actual condition of the Item, if it still falls into one of the categories listed above. However, no Trade-in amount will be granted if the Item has defects that do not allow it to be offered for sale on the Site. The Member acknowledges that the refused Items will not be sent back. They will be given to an association or will enter within the framework of an upcycling process.
Failure to comply with these rules may result in the suspension or even the deletion of the Member's Account.
The Site only takes back Items whose types and sizes are defined in the Trade-in module.
2.2 The different steps of a Trade-in
Step 1: The Member qualifies his/her Item from the Trade-in section and obtains an estimate of its Trade-in value thanks to the automatic calculator. The estimated Trade-in value is determined according to numerous criteria (type, material, condition, etc.) and is generated automatically. The Trade-in amount is confirmed by email within 10 working days from the date of receipt of the Item. This amount will not be subject to any negotiation with G-Star
By exchanging an Item, the Member declares :
- To be the owner of the Item.
- To have the legal capacity and all the necessary authorizations to propose the Item in Trade-in.
- To contractually commit to the truthfulness of the information given.
- Provide all necessary information on the quality and condition of the Item.
The Member remains the only one responsible for the Trade-in of an Item whose circulation will be prohibited, which would contravene the regulations in force, the public order, and good morals.
To undertake to respect morality, good order, and public order in the description of the Item.
Prohibition to trade counterfeit products: The Site reserves the right to verify the authenticity of a product and may refuse to accept it even if it turns out that the Item is not counterfeit. Members are reminded that it is forbidden to offer counterfeit products. Counterfeiting is an offense punishable by law and infringes the intellectual property rights of G-Star owners.
The Member shall communicate the original copy and/or a copy by electronic means of any element likely to justify the ownership of the Item, its origin, as well as its authenticity on simple request of the Site.
The authenticity of the Item is an essential quality for G-Star . In the event that G-Star takes back an item, which subsequently turns out not to have this quality, G-Star will consider itself the victim of an error on the substance within the meaning of article 1110 of the Civil Code.
Step 2: The Member ships the Items free of charge. The Member must print the parcel label generated by the Site and sent by G-Star to the Member via email, and stick it on the packaging of his/her Item. He/She uses his/her own packaging. The label must be legible. The package can be refused if the label is not legible, badly printed, badly stuck, or torn.
In order for the Item to be authenticated and eligible for a return, the Member must also print a "Transfer Voucher" to transfer ownership of the Item to G-Star . This Transfer Note will be sent to the Member by email, at the shipping stage of the Item. The Transfer Note contains the Member's name and the condition of the Item. It is mandatory that the Member has signed the Transfer Order. Otherwise, the Transfer Order will be null and void. After receipt, the Transfer Order is kept for 90 days (except in the case of a dispute, in which case it is kept until the expiration date).
The rules for packaging are as follows;
- Package dimensions: it is the Member's responsibility not to exceed the maximum dimensions (the sum of the length, width, and height must be less than 120 cm), indicated on the Site.
- Weight of the package: it must correspond to the weight of the advertised Item and must not exceed 20 kg.
The packaging of the parcel must secure the contents and allow for handling and movement without risk to its integrity, but also for the safety of the transport personnel.
In the event that a Member does not respect these packaging rules, the carrier may refuse the package at its sole discretion. In this case, the Member's package may also be blocked at the carrier's office, and its recovery will be at the Member's expense. The acceptance of a package by the carrier does not imply acceptance of the conformity of the packaging to the rules indicated above.
In the absence of compliance with these rules, a Member shall be liable to pay the additional cost and to collect the package at his/her own expense.
It is the sole and entire responsibility of the Member to enter correctly and in a complete, honest, and accurate manner the information that will allow the carrier to proceed with the shipment of the Item from the sending relay point to the deposit.
The Member deposits his/her parcel in one of the carrier's shipping points.
In case of a lost or damaged parcel during the transport operation, the insurance of DPD subscribed by Faume for the Netherlands will take care of the compensation of the Member.
The Member who has confirmed a Trade-in commits him/herself to come and deposit his/her Item within 15 days following the reception of the confirmation email. Failing to comply will render the transport note invalid, and the exchange will be canceled. Nothing prevents the Member from creating a new Trade-in.
Step 3: The Site receives the Items and checks each of them within 10 working days following the reception of the parcel. The Member receives a summary of the accepted or refused Items with their values of resumption by email at the address indicated on the Site at the time of its inscription. In the event that the actual condition of the Item does not correspond to the condition indicated by the Member, the amount of the credit shall be reduced proportionally, or if the Item is in an unacceptable condition, no credit shall be granted, as described in article 2.1.
The Site will then take care of the enhancement of the Items online
2.3 Credit and Voucher
The Member receives the amount of his/her credit on the Site, within his/her Member Account, in his/her electronic wallet. The amount is credited after the processing of the Items.
The Member can convert the amount credited in the e-wallet into a "Purchase Voucher" to purchase Items on G-Star’s website or convert it into a Purchase Voucher to purchase Items on G-Star Rewear and/or in one of the G-Star stores.
The voucher will contain a promotional code that the Member can enter at the end of the order to apply the discount.
The voucher is valid for a period of one year, on any order of Items, to pay the price of the Items and the associated delivery costs. If the value of the order is higher than the amount of the voucher, the difference must be paid by the Member by one of the other payment methods offered on the Site or in the store.
A promotional code cannot be used for an order already validated.
All vouchers have an expiration date specified on the voucher. Once generated, each voucher is valid for 12 months and must be used in one go. Only one voucher can be used for a given transaction: the accumulation of vouchers is not allowed.
All vouchers cannot be exchanged or refunded.
The Customer can add Items offered for sale on the Site to his/her virtual basket. He/She can then access the summary of his virtual basket in order to confirm the Items he/she wishes to order and make an "Order" by pressing the "Order" button.
The Customer will have to fill in an address, a delivery method as well as a valid payment method in order to finalize the Order and to effectively form the sales contract between him/her and G-Star Rewear. The finalization of the Order implies the acceptance of the prices of the Items sold, as well as the terms and conditions and delivery times indicated on the Site.
Once the Order is placed, the Customer will receive a confirmation by e-mail. This confirmation will summarize the Order as well as the relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between G-Star and the Customer.
3.2 Items and prices
3.3 Terms of payment
Unless otherwise agreed, all sales are payable in full at the time of placing the Order.
Payment can be made by :
Credit card via a secure connection, Apple Pay, Bancontact
The Order will be delivered to the address communicated by the Customer during the ordering process and in accordance with the carrier's procedures.
The delivery times indicated on the website and included in the shipping information must be considered as a commitment of means and are not opposable to G-Star Rewear .
The Items ordered by the Customer can only be delivered to addresses within the Designated Territory, including The Netherlands.
The risks of loss and/or damage become the responsibility of the Customer as of the receipt of the Order at the delivery address communicated by the Customer.
3.5 Right of revocation
The Customer has fourteen (14) days from the day of receipt of the Items ordered to exercise its right of revocation, without the need to provide any reason.
The Customer will inform G-Star Rewear of its decision to revoke by sending a clear, unambiguous declaration to email@example.com .
The Customer can use the model revocation form attached in the Annex to these Terms, but this is, however, not mandatory.
The Customer shall return the Items to G-Star Rewear immediately and in any case, at the latest fourteen (14) days after having communicated the decision to revoke. The Customer must return the Items in an unused condition, with all the original labels on, and at his own expense. The Customer will pay for the return.
To make the return, the Customer prints a return slip under the heading "My orders" in the customer area of the Site and sticks it on his parcel to send it back. The return must be deposited at a collection point of the carrier.
If the Customer does not use the return slip, the Customer will assume responsibility for the Items (including any risk of loss or damage) until they are delivered to the address specified on the return slip.
In case the aforementioned conditions are fulfilled and G-Star Rewear has received the Items, G-Star Rewear will refund the Customer the full sum of the Order, after deduction of the return costs. The return costs are identical to the original shipping costs that the Customer has paid when placing its Order.
The sum will be refunded within 14 calendar days of G-Star Rewear receiving the returned Items, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.
For this refund G-Star Rewear will use the same means of payment as the Customer used for the original transaction unless expressly agreed otherwise and in no event will the Customer be charged for this refund less the sales vouchers or discounts used to pay for the order. The Customer will be refunded in accordance with the procedures agreed with the bank which issued the card.
If a Member, as a Customer, has used a Voucher to pay for its Order, the Member's Account will be credited again.
The Customer shall be liable for any loss in value of the Items if such loss in value is due to having used the Items to an extent more than necessary to establish the nature, characteristics and the functioning of the Items.
Returns can only be accepted in the way described above and returns to our physical stores will not be accepted. Returns will be sent to the address indicated on the return slip.
It is not possible to exchange Items. If the Customer wishes to have another Item instead of the initial Order, the Customer can invoke the right of revocation as described above and subsequently place a new order for the desired Item.
3.6 Legal warranty
If the Item(s) ordered prove(s) to be defective or non-conforming, the Customer may contact the Customer Service via the contact form available under the "Contact" option, or via the e-mail address firstname.lastname@example.org.
The Customer is entitled to the one-year legal warranty on the conformity of the goods, as described below.
From the moment G-Star receives the defective Item(s), G-Star will repair the defect or replace the Item with a conforming Item (also called additional performance). Prior to providing a warranty, G-Star shall have a reasonable opportunity and time to perform said repair. G-Star may refuse the repair if it would result in disproportionate expense.
If the repair fails, the Customer may either obtain a price reduction in accordance with the statutory provisions or terminate the contract.
The right of withdrawal shall not apply if the delivered Items deviate only slightly from the agreed quality or if the contractual or standard use of the Items is only slightly affected.
Customers must contact Customer Service if they wish to invoke this warranty immediately and inform G-Star of the non-conformity found via Customer Service in writing and within two months of observing the defect.
The warranty does not apply in any case to Items that have been damaged intentionally or due to negligence on the part of the Customer, nor if the damage is due to weather, transport conditions, or incorrect use.
Customers may contact Customer Service with any questions regarding the above.
4. Intellectual Property
Intellectual Property Rights" for purposes of this provision means the G-Star Rewear " and G-Star marks, and all rights, copyrights, trademarks, designs, know-how, and registered domain names, including but not limited to the domain name G-Star " or G-Star Rewear or any translations and/or representations thereof or any related words, as well as texts, databases containing the data published on the Sites, the display, presentation and illustrations of the Sites, sales catalogs, photos, images, videos and music displayed on the Sites and protected by copyright, database rights, trademarks, patents, and all other intellectual property rights.
Any person using the services of the Site declares to be informed of the existence of these Intellectual Property Rights and undertakes to respect them at all times.
G-Star is and remains at all times the exclusive owner of these intellectual property rights.
The Intellectual Property Rights may not be reproduced, published, imitated, exploited, or used in any way or form without the prior written consent of G-Star. Such consent must be in writing unless G-Star has granted a right to share certain aspects of the Intellectual Property Rights via social networks. In that case, the grant of such rights is limited to the specific elements of the Intellectual Property Rights as determined by G-Star, the use and the social networks for which G-Star has authorized the sharing, and in any event such grant of rights remains non-exclusive.
Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express permission of G-Star will expose the offender to civil and criminal prosecution.
G-Star cannot be held responsible for the unavailability, whether temporary or permanent, of the Site, and although it uses its best endeavors to ensure that the service is always available, it may be interrupted at any time. In addition, G-Star reserves the right to voluntarily make the Site unavailable in order to perform any update, improvement, or maintenance operation. As previously stated herein, G-Star shall not be liable for any delays in delivery due to causes beyond its control, which are independent of its will, unforeseeable and irresistible, or for which it cannot be held responsible.
7. Governing Law and Jurisdiction
The Customer and Member acknowledge to be aware of the following information and details :
- the essential characteristics of the Item ;
- the price of the Items;
- the date or the deadline by which G-Star undertakes to provide the Service;
- information relating to the identity of G-Star (postal, telephone, electronic);
- information relating to the legal and contractual guarantees and their terms of implementation;
- the possibility of resorting to a conventional mediation in case of dispute;
- the information relating to the right of withdrawal (time limit, methods of exercise).