Get Your Designer Bag

Terms and Conditions Get Your Designer Bag

Article 1 About

Get Your Designer Bag (GYDB), located at Postbus 75056, 1117 ZP Schiphol, the Netherlands (No visiting address).

The address of our website is http://www.getyourdesignerbag.com

 You can reach GYDB in the following ways:

• E-mail: info@getyourdesignerbag.com
• Facebook: http://www.facebook.com/getyourdesignerbag
• Instagram: https://www.instragram.com/getyourdesignerbag
• Via the contact form on our website

Chamber of Commerce number: 88655776

Get Your Designer Bag only sells second-hand designer items and clearly describes the condition of each bag as accurately as possible, including any defects or damages.

Our website consists of two platforms:

• A classic sales platform: a permanent catalogue on which second-hand designer items are offered for sale and;
• An auction platform on which Get Your Designer Bag organizes auctions during which numerous designer items are put up for sale.

Article 2 Definitions

General definitions

We would like to explain some definitions to you that occur more often in these terms and conditions.

With the terms we, us and our, we mean

• Get Your Designer Bag, as described in article 1 of these terms and conditions and/or’
• The third part(y)(ies) appointed and/or hired by Get Your Designer Bag.

We are the owner and user of these general terms and conditions.

When we talk about you and your, we mean you as our dear customer. You are the legal – or natural person, whether or not acting in a profession or business, who would like to buy something in our (Web)shop or auction (our buyer) or you are the seller who would like to sell one or more items to us via direct sale or auction.

 With parties, we mean you and us together. 

A day means a calendar day and not a working day.

Written is for us on paper, by e-mail, WhatsApp.

By the right of withdrawal, we mean the possibility for you as consumer to withdraw/cancel your distance contract within a period of 14 days, the so-called reflection period. This distance contract is a contract concluded by parties within the scope of an organised system for distance selling products and/or services (our Webshop), whereby exclusively use is made of one or more technologies of distance communication up to conclusion of the contract. The right of withdrawal is only applicable to consumers (consument) and not to you as our business clients.

An offer includes all offers and/or quotations in the broadest sense of the word.

Definitions related to our auctions

Acceptance is the moment at which the allocated Lot(s) are delivered to the buyer.

When we talk about the bidder, we mean the individual who has registered with Get your Designer Bag and who wants to be able to participate in an Auction, organized by Get your Designer Bag.

A bid is an amount, bid by a bidder for a lot or a combination of lots, to be increased by taxes and fees, including but not limited to auction fees.

The lot is the item being auctioned by Get Your Designer Bag.

The amount of the highest bid increased by commissions and extra costs is the purchase price

The buyer is the bidder to whom allocation has been made.

An online auction is the online auction of a lot through the platform.

The individual who instructs Get Your Designer Bag to auction (a) lot(s) is called the seller.

The allocation is the statement form Get Your Designer Bag to the bidder.

When we talk about auction fees, we mean those fees owed by a bidder to Get Your Designer Bag after allocation.

Article 3 Applicability

These general terms and conditions apply to all our offers, to all agreements that we conclude with you as well as to all our auctions. These general terms and conditions also apply in the event of additional work or a follow-up assignment. Before the agreement is concluded (distance contract), we will provide you with these conditions, of course free of charge.

We also make sure you will have the opportunity to store these terms and conditions on your own computer so you will always have the possibility to consult them whenever you like.

Deviation from these terms and conditions is only possible if the parties explicitly agree in writing. If the parties agree, the deviation only applies to the agreement for which the deviation has been agreed. You cannot rely on this deviation for other (future) agreements with us.

If separate terms and conditions apply to a specific product/service, we will inform you specifically. However, our own general terms and conditions remain unaffected.

We may unilaterally amend or supplement these general terms and conditions. In case of applicable changes during the term of an offer, the most favorable provision will prevail for you.

Our general terms and conditions also apply if the services of third parties are used for the execution of the agreement.

If one or more provisions of these general terms and conditions are at any time partially or completely void or annulled, the other provisions will remain fully applicable. The parties will consult to agree on new provisions to replace the annulled or voided provisions. The purpose and scope of the original provisions will be respected as much as possible.

If we do not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply or that we would in any way lose the right to demand strict compliance with the provisions of these general terms and conditions in other cases.

Article 4 Options for sellers

We offer two options for selling your items:

• Direct sale to Get Your Designer Bag for our catalogs;
• Submission of a lot for auction.

The benefits of direct sale are as follows: you receive your money into you account after receipt and inspection. When you sell your items via auction, you have a change of achieving a higher selling price.

You are obliged to provide us with the clearest possible description of the item you wish to sell to us. Based on this, discussions will be held to determine the best approach for sale and at what price.

An agreement will be drawn up based on these agreements and our general terms and conditions. 

Article 5 Our offer

The offer in our Webshop is provided with all the necessary (detailed) information, so that you know exactly what you choose for and what you pay for. More specifically, this concerns:

• The price including taxes;
• The term for accepting the offer, or the term within which we guarantee the price;
• If applicable: components/ ingredients of products;
• If applicable: damage and or details about which you must be informed in advance;
• The expected delivery time;
• The possible costs of delivery / shipping;
• The way in which the agreement will be concluded and which actions are required for this;
• Whether or not the right of withdrawal applies to products/services;
• The method of payment, delivery and implementation of the agreement;
• Whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by you;
• How you can reach us when you have a question or a complaint;
• The necessary information relating to any aftersales or warranty;
• The way in which you, before concluding the agreement, can check and, if desired, restore the data you have provided to us.

Next to that we use the following guidelines with regard to our items:

• Like new: never worn;
• Excellent: fantastic preloved condition;
• Very good: lightly used with a few noticeable flaws;
• Good: flaws or signs of use;
• Worn with love: obvious flaws and signs of use.

When we use images, these are always indicative. We can never guarantee that the displayed colors exactly match the real colors of our products.

In principle, our entire offer is without obligation. If an offer is of limited duration and/or in case we attach certain conditions to our offer, we will explicitly inform you about this.

If there is an obvious mistake or error in our offer, we are not bound by this. If you have any doubts as to whether something is correct or not, please feel free to contact us.

Article 6 Agreement, confirmation and duration

When you buy in our webshop, the agreement is concluded:

• after you accepted and confirmed our offer and our general terms and conditions in writing and;
• you met the (possibly) set conditions and;
• you received a written confirmation from our side;
• unless the offer is revoked by us within 5 days after your acceptance.

We will send you a confirmation of your order as soon as possible and by email. Please check your spam folder, just in case. As long as your order has not been confirmed by us, you have the possibility to cancel the agreement.

We are allowed, and of course within the limits of the law, to gather information about your ability to fulfil your payment obligations. If we would have sound reasons for not concluding the agreement, we are lawfully entitled to refuse your order or to attach special conditions to agreement. When this is the case and although we are not obliged to do so, we will provide you with a motivated explanation. 

We will keep you informed about any change(s) or update(s) with regard to your order, until you have received your order.

Unless the parties agree otherwise, the agreement ends after all parties have fulfilled their (mutual) obligations under the agreement.

Unless explicitly agreed otherwise in writing, an agreement is entered into for an definite period.

All agreements are entered into under the suspensive condition (s) of (sufficient) availability of the desired product.

Article 7 Execution of the agreement, delivery, warranty and shipping

We take the greatest possible care when processing and shipping your order.

We may use (the services of) third parties in the execution of the agreement.

We execute the agreement on your behalf. Third parties cannot derive any rights from (the content of) our services/products delivered by us, under whatever name or title.

If you placed an order in our Webshop, you will receive a (digital) confirmation of receipt from us as soon as possible.

If it turns out that we are not able to deliver your order or in case we are only able to partially deliver your order, we will notify you and when available, we may offer you an alternative.

You also have the right to cancel the order, free of charge. If you have already made a payment, we will refund it to your bank account within 30 days after your cancellation. This is the same account number with which you also paid the order.

If we communicate certain delivery terms to you, then these delivery terms are always indicative, unless the parties explicitly agree otherwise.

We shall execute accepted orders with convenient speed but at least within 30 days unless parties already agreed on another delivery term.

The (place of) delivery details , as provided by you, will be used for delivering the order.

The risk of damage and/or loss of products lies with us until the products have been delivered to the address you provided.

If the package gets lost by the carrier, we will start an investigation with the carrier. This normally takes up to 10 business days.

We have a best efforts and delivery obligation. We cannot therefore guarantee that our products and / services will meet your expectations. After all, expectations are personal and tastes can differ. You are therefore not entitled to (damage) compensation if our services / products do not meet your expectations.

We guarantee you that your products/services comply with the contract, with the specifications/details listed in the offer and with reasonable requirements or usability and/or reliability.

Shipping your items to us

You are requested to ship the item as soon as possible to our office.

When shipping your item, keep the following in mind:

• Always ship with a valid tracking information, including valid track & trace. We highly recommend only using registered and/or insured shipping appropriate to the value of your item. You are responsible for the risk of damage and/or the loss of your item during shipping, until we received the delivery;
• It is your responsibility to make sure that your item is well prepared and carefully packaged and that the item receives in good condition at our office;
• Utilize shipping insurance to protect your item during transit;
• If during an inspection we determine that an item is fake, we have the right to charge an authentication fee (25 euros). In addition, the shipping costs to return the item to you will also be at your expense.

Delivery of auction items

The delivery of purchased items will occur within the specified timeframe after receipt of payment, unless otherwise agreed upon.

Article 8 Right of withdrawal

If you placed an order in our Webshop, you (consument!) have the right to cancel a purchase contract for a product, within 14 days (reflection period) and without giving any reason(s). This reflection period starts:

• on the day after you (or the representative announced to us in advance), received the product/service or products together;
• In case you ordered several products in one order, the day you received the last product(s).

We expect you to handle the product(s) and packaging(s) with care during the reflection period. You will only unpack and/or use the product to the extent necessary to (be able to) assess whether you wish to keep the product(s) or not.

If you wish to make use of the right of withdrawal, you can notify us within 14 days of receipt using our return form. We will provide you with the correct return receipt. You will then be requested to return the product (complete, thus if applicable with all delivered accessories) within 14 days after notifying. If we don’t receive the product within 14 days, the right of withdrawal expires and the purchase is irrevocable.

If you make use of the right of withdrawal, you will return the product together with the return form to us in its original condition and packaging as much as possible. Please follow the instructions given to you by us. The risk and burden of proof for the correct and timely exercise of the right of withdrawal are your responsibility and on your behalf.

If we did not inform you about your right of withdrawal in time and/or if we did not send you the return form, the reflection period expires 12 months, after the end of the original reflection period.

Article 9 Costs and refund in case of withdrawal

The costs for the return are for your account.

If we have received the product(s) on time, undamaged and according to the given instructions, we will refund you within 14 days. The refund will be made by us via the same payment method that you used at the time of purchase, unless you give permission for a different payment method.

In the event of damage or if you have handled the product (s) carelessly, you are liable for any decrease in value.

Article 10 Exclusion of the right of withdrawal

We are allowed to exclude the following products and/or services from the right of withdrawal. We will notify you in time before concluding the agreement in case the right of withdrawal is excluded.

Auction items

Items obtained through our auction are explicitly excluded from the right of withdrawal. As a result, if you buy an item through the auction, you cannot invoke your right of withdrawal

Article 11 Prices and payment

Unless explicitly stated otherwise, all prices are:

• Including VAT;
• If applicable, exclusive of any shipping / delivery costs;
• Excluding any other government levies;
• Excluding any costs that we have to incur in carrying out the assignment;
• Exclusive any auction commissions or auction fees.

All prices are determined based on the condition, brand and model of the item.

We have the right to adjust our prices. Without a legally valid agreement, you cannot derive any rights from a published price and/or other product information published on our website and/or webshop.

In our webshop, we offer you various payment options via a secure online payment environment. We have the right to ask for a down payment.

You will receive our invoices digitally.

Our maximum payment term is 14 days.

If you do not pay in time, we will point this out to you. Then you will be given a further period of 14 days to fulfill your payment obligation. If you still have not paid by then, you will owe us the statutory interest on the outstanding amount after the expiry of those 14 days until you pay the amount. We also charge you for the extrajudicial collection costs incurred by us.

These (collection) costs amount to a maximum of:

• 15% on outstanding amounts up to € 2,500.00
• 10% on the subsequent € 2,500.00
• 5% on the next € 5,000.00
• Each time with a minimum of € 40.00

As long as you have not yet paid the total amount owed to us, or have not paid in full, we retain full ownership (retention of title) for all goods delivered and to be delivered. Any damage and / or destruction of these goods are entirely at your risk and your expense.

Payment auction items

You, the buyer of one or more auction lots, are required to make full payment within 72 hours (3 days) of winning the auction or placing an order via the “buy now” button.

Payments can be made through the available payment methods on the website.

In case the item is sold via our auction, you, the seller will receive your payment (sale price minus the 18% commission) within 72 hours after we processed the buyer’s payment.

Article 12 Responsibility and Guarantee

We cannot be held responsible for:

• Your errors and / or shortcomings in the information, (address) data that you have provided to us;
• Misunderstandings, errors or shortcomings with regard to the performance of the agreement, if these are caused or caused by your actions;
• Damage caused by you;
• Certain results and / or expectations of you (best efforts obligation!);
• Failure to comply with any instructions or regulations we have given you;
• Exposing the products supplied by us to abnormal conditions;
• Inaccuracies in the product descriptions;
• Providing information or assistance when you wish to resell an item after purchase;
• Any defects on auction items.

Shortcomings in the performance of the agreement cannot be attributed to us if they are not due to our fault, nor are they my responsibility under the law, the agreement or generally accepted beliefs (force majeure).

In view of the fact that the bags sold by us are not new, there is no warranty after purchase with the exception of the legal guarantee for consumers. No supplier warranty applies. If one of our products has on or more damages or defect(s), we will explicitly indicate this in the product description.

We are not always informed and or aware whether an item has had a repair or maintenance in the past. If we have received it form the former owner of the item, we will communicate it to you in the item’s description.

We guarantee that all items are 100% authentic. All items go through an authentication process and will be analysed by either in-house or third-party experts.

Please feel free to contact Get Your Designer Bag if you have any doubts about the authenticity of any item bought on Get Your Designer Bag. After sending it to our office, the item is checked again for authenticity. The costs of this are borne by the customer.

Sometimes the word ‘non-branded’ is in the product description to refer to an accessory that is not from the designer. Such as a chain, strap, insert or dust bag.

Article 13 Privacy policy and website security

We think your privacy is very important and we therefore handle your data with care. You can read how we do this in our privacy statement on our website.

Your data will only be stored and used for the implementation of the agreement.

In order to guarantee the security of the website as well as possible, we take the necessary measures and we will carry out the necessary updates or have them carried out in a timely manner.

Article 14 Complaints

If you have a complaint about the execution of the agreement, we would like to be informed. We have a complaints procedure for such cases.

It is your responsibility to report a complaint to us in writing within a reasonable time after you have discovered a defect. You must describe your complaint completely and clearly.

You will receive feedback from us within 14 days after we received your complaint.

You must in any case give us four weeks to resolve a complaint in mutual consultation with you. If it is not resolved after this period of four weeks, a dispute arises.

Article 15 Special Provision for purchases by us

Get Your Designer Bag transfers the agreed payment to the seller within 14 days after receiving the item when the item matches the description.

When the description of the item does not match or when accessories are missing, Get Your Designer Bag has the right to cancel the purchase.

The costs for returning the item are for the seller.

The sale cannot be reversed after the payment has been made.

Article 16 Special Provision for payment in installments

Upon request, we offer you the option to pay in installments.

This method of payment is applicable to all items in our shop, starting 48 hours after publication of the item.

After signing the layaway-agreement, you make a downpayment within 24 hours and of 20% of the total purchase price. The remainder of the total purchase price must be paid in full within a maximum of 60 days.

Once the full purchase price has been paid to us, the item(s) will be shipped to you.

You have the flexibility to choose between multiple small payments or one substantial payment at the end.

Failure to complete the full purchase price in time will result in cancellation of your order. In that case, there will be no refund with regard to your downpayment.

No additional costs will be charged for this method of payment.

Items which have been purchased using the instalment payment plan, cannot be returned or exchanged. The purchase is irrevocable.  

Payment in installments is not applicable to items which are offered via our auction platform.

Article 17 Other provisions

Copyrights: This website contains material owned by Get Your Designer Bag. Unauthorized use of the content on Get Your Designer Bag is not allowed. The work published by Get Your Designer Bag is our intellectual property. You are not permitted to copy, reproduce or distribute content form our website without our explicit and written permission.

Get Your Designer Bag reserves the right to modify the content of any product shipped to our office.

Disclaimer: Get Your Designer Bag is not affiliated with any of the brands listed on this page. All copyrights reserved to the original brand holders.

Minors

If you use our online website as a minor, meaning you have not yet reached the legal age in the country where you reside, we assume (and may rely upon) that you have created an account with the permission of your parent(s) or legal guardian. We advise minors to obtain the consent of a parent or legal guardian before using our platform and conducting transactions.

Article 18 Special Provision for Auctions

The other provisions of these general terms and conditions also apply to the auctions, unless this special provision explicitly deviates from the other provisions of these general terms and conditions.

Auctions in general

If you place an order or in case you participate in an auction on our website, you agree to our General Terms and Conditions.

We act as an intermediary in the sale of second-hand designer items. We act as a mediator between the seller and the buyer.

We do not ow the offered item(s).The seller retains the ownership of the offered item(s) until the sale is completed and payment is received.

Commission for sellers

When you sell your second-hand designer item(s) through our auction platform, we reserve the right to charge a commission to you. The commission amount is 18% of the selling price of the item.

The commission will be automatically deducted from the selling price before the payment is made to you.

Commission for buyers

When purchasing second-hand designer items through our auction platform, we reserve the right to charge a commission to the buyer of a lot. The commission amount is 8% of the selling price of the item.

The commission is automatically added to the selling price during checkout.

Highest bidder

The highest bidder of a lot or a combination of lots at the end of the auction is considered to be the buyer of the lot or the combination of lots.

Minimum Prices

In consultation with you as the seller, we set a minimum price for the item. A minimum price is the lowest price at which our seller is willing to sell an item in the auction. If the minimum price is not reached at the end of the auction, the item will not be sold.

You then have the possibility to:

• extend the auction period with 2 days or;
• to start the auction process from the beginning, however, with a lower minimum price than the original minimum price or;
• the item(s) will be sent back to you. The shipping costs are entirely at your risk and expense.

Closing of Auctions

Auctions run for a specified period of time and close when the time expires. On the auction page, you can see how much time is left for bidding. If you use the ‘buy now’ option, the auction closes as soon as you have paid for the item.

Lot Time and Auction Extension

Each lot has a specific duration during which bids can be placed, as indicated on our website. After each bid on a lot, the remaining time is extended by 3 minutes. This extension of the lot time allows other interested bidders to place a counterbid and ensures a fair chance for all participants in the auction.

Return Policy

Returning won auction items is not possible. By participating in an auction and winning an item, the buyer agrees to accept the item as described and acknowledges that there is no right to return it. It is the customer’s responsibility to read the detailed description and photographs of the products. No refund will be granted in the event of negligence on the part of the customer with regard to the description of the products. Returns are only possible when the received item significantly deviates from the provided description. The right of withdrawal for auction items is explicitly excluded.

Binding Nature of Bids and ‘Buy Now’ Option

Every bid or purchase made through the ‘Buy Now’ option on our online sales platform is binding. This means that you cannot retract your bid or use of the ‘Buy Now’ option, and if you are the highest bidder or have successfully used the ‘Buy Now’ option, you agree to pay for the item (including any other costs such as Buyer Protection fees and shipping costs).

We assume that you are the sole user of your account. This means that we assume that any bid placed through your account is placed by you.

Supervision by Independent Notary

Our auctions are supervised by an independent notary, who ensures that our (general) terms and conditions are adhered to.

Article 19 Disputes

Dutch law exclusively applies to agreements between you and us to which these general terms and conditions apply. The law determines which court is competent to hear a dispute.

The Vienna Sales Convention does not apply.

Version 1.4, April 2024