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Terms and Conditions

The current T&C came into effect on 14.03.2024

The present User Agreement (the Agreement) governs the relationship between NOLD, on the one hand, and the individuals and entities (the Sellers and Buyers, jointly referred to as the Users) on the thenold.com website (the Website), on the other.

Please read the published Agreement in its entirety before using the information and services offered on the Website.

This document contains information about the activities of NOLD and the general conditions for using the services provided by NOLD to the Users.

Confirmation of the Agreement is a necessary and mandatory condition for creating an Account and using the Website.

By accepting this Agreement, Users agree to have their personal data processed on the basis of the contract concluded between them and NOLD.

Users personal data is processed according to NOLD’s Privacy Policy, which can be found here (link).

 

NOLD Ltd. is a company registered under the law of the United Kingdom of Great Britain and Northern Ireland, with an address: 124-128 City Road, London, England, EC1V 2NX, email address: hello@thenold.com, telephone number: +44 20 7019 9006

NOLD is an online marketplace. Our platform allows our users to connect and trade items between them.

NOLD owns none of the items displayed or sold on the Website. Therefore, NOLD is not a party to the legal relationship between Buyers and Sellers.

NOLD does not participate in any of the money transactions that are part of the payment procedure for the goods or the delivery of the goods, sold on the Website.

 

  1. Definitions

For the purposes of this Agreement, the following concepts should have the following meaning:

Website – thenold.com and all its subpages and all BRH (brand resale hubs) driven by NOLD LLC. See the full list here.

Seller Services – services, provided by NOLD via the Website, which services allow Sellers to conclude contracts for the sale of goods with Buyers

Seller – any individual or a company which uses the Seller Services provided by NOLD

Buyer – any individual who uses the Website to buy goods, offered by Sellers

Agreement – this Seller Agreement, and any related documents, which include, but are not limited to: cookies policy, privacy policy, registration and delivery policies, voluntary dispute resolution, contract cancellation and exchange forms, list of forbidden goods, and any other legally binding information found on the Website

Personal data – information that relates to an identified or identifiable living individual, e.g. name, date of birth, location data

Good(s) – movable material property of the fashion industry, with the exceptions provided for in the applicable law; the term includes second-hand items (sold by Sellers) and items in unused condition (samples, factory seconds and items from old collections – sold by Partners)

Sales contract – a contract under which a Seller transfers or undertakes to transfer the ownership of goods to the Buyer and the Buyer pays or undertakes to pay the price for them

Partner – a brand which shares its product databases with NOLD

Brand Resale Hub – a module on the marketplace which only displays items of a particular brand

Partner database – a database, containing visual elements (images, graphics), text, tables etc. related to a product of a Partner brand 

Sale price – price for an individual item determined by the Seller

Store credit – credit amount, which is offered by a Partner and is subject to the Partner’s terms of use. 

Fee – the amount of money which is due for the service of the platform. You’ll find details of our Selling Fees in this table.

Collection – a group of all of the listings a Seller

 

  1. Services provided

NOLD and its Website serve as a marketplace, which allows Buyers and Sellers to enter into contracts for the sale of goods.

The goods offered by Sellers through the Website are intended for individuals and/or legal entities.

NOLD may test and optimise content on the Website, including all Seller listings.

NOLD offers marketing tools and services to qualified Sellers.

NOLD may modify or cease providing services to its users at its discretion.

 

  1. Account

In order to use the Website and the Seller Services provided by NOLD, Users must register an Account. Creating an Account is currently free of charge.

By registering an Account, Users confirm that they accept this Agreement and that they will act in accordance with its provisions.

NOLD Accounts are currently available to individuals and legal entities in the European Union and the United Kingdom of Great Britain and Northern Ireland.

The only person allowed to use the Account is the person whose name this account is in.

Each individual or legal entity is allowed to register a single Account.

The Account registration is a multi-step procedure which includes User verification and User approval.

In order to create an Account, users must provide the following information:

  • name
  • account name
  • email address
  • date of birth
  • delivery address
  • bank account details

NOLD may request additional information to be provided at its discretion.

NOLD also allows Account registration via Facebook or Google. By using this option, NOLD requests and receives the information described above directly from Google or Facebook.

NOLD shall have the right to refuse to open an Account at its discretion.

NOLD bears no responsibility for losses arising out of or related to the use or access, or lack thereof, of an Account.

By registering an account on NOLD, Users gain access to the main marketplace, as well as all Brand Resale Hubs. The current list of active Brand Resale Hubs can be found here: (link).

With the addition of new Brand Resale Hubs, Users automatically gain access to those.

Creating and maintaining Accounts necessitates the processing of personal data. This is done in accordance with NOLD Privacy Policy, available here (link).

 

  1. Listing

Sellers use the Website interface to create a listing for the goods they offer.

  1. Automatic listing – a type of listing which utilises the information in a Partner database. In order to create an automatic listing, the Seller scans a QR code or an ID label available on their item. The Seller then selects their item from the provided list with suggestions. The selection automatically fills in the relevant information available in the Partner database. The information includes original product photographs, description, material and composition, colour, size (if applicable) and recommended retail price (RRP). The Seller has to upload current photographs of the item, photos of proof of origin/purchase or authenticity (if available), fill in information about the current condition of the item and possible defects, any comments they might have, and their desired Sale price.

           

  1. Searchable listing – a type of listing which also utilises the information in a Partner database, but is used for items which lack a QR code or an ID label. In order to create this type of listing, the Seller searches through the Partner database using filters and keywords. The Seller again has to select their item. The selection automatically fills in the relevant information available in the Partner database. The information includes original product photographs, description, material and composition, colour, size (if applicable) and recommended retail price (RRP). The Seller has to provide current photographs, photos of proof of origin/purchase or authenticity (if available), the item’s current condition and information about possible defects, any comments they might have, and their desired Sale price.

           

  1. Manual listing – a type of listing which does not utilise a Partner database (the item lacks a QR code or an ID label, is not available in a Partner database) or NOLD does not partner with this brand. The Seller provides all the required information, including photographs, proof of origin/purchase or authenticity (if available), size, an approximate or exact RRP, item condition, material and composition, details, comments, and Sale price, by themselves. The Seller is guided through this process by prompts on the listing page.

 

 

All listings are subject to final approval by NOLD.

Any changes made by a Seller to an already existing listing are subject to approval by NOLD.

Sellers are solely responsible for all of their Seller listings, including those created with the help of a Partner database and approved by NOLD.

Sellers must ensure that the content in their listings is complete, accurate, true and up-to-date.

Sellers must ensure that they own the necessary rights to use the content (outside of the Partner database content) in their listings.

Sellers must ensure that their listings include all legal notices and disclosures (such as health-related warnings, use restrictions, fees and taxes, etc.) if required by the applicable law.

More specifically, prices on the Website must include VAT, where applicable.

NOLD shall have the non-exclusive, royalty-free, irrevocable, transferable right to use the content of all listings on the Website in its commercial activities.

 

The following list contains the goods that are currently forbidden for sale on the Website.

The list is non-exclusive – items that are prohibited or restricted by the applicable law are forbidden on the Website in general.

NOLD has the right to modify the list of forbidden goods at its own discretion.

 

The current list of forbidden goods is:

  • Counterfeit items
  • Items infringing on third-party rights (e.g. model items)
  • Items which are not intended for resale (e.g. uniforms)
  • Items by brands which do not authorize resale
  • Items in a condition that violates the commonly accepted standards of hygiene

 

  1. Ratings and Reviews

Sellers and Buyers are subject to the rating system and the review system of the Website.

Ratings are numerical scores on a scale from 1 to 5, which represent users’ satisfaction with a specific trade and the communication with the other party.  Each User individual rating is formed as an average from the sum of all received ratings. 

Reviews are written opinions by users, evaluating their interaction with the other party and the trade itself.

Ratings and reviews are an inseparable part of each user Profile and are publically available.

Reviews and ratings are only available for completed orders and are available in the chat or in the profile section of the user. 

Ratings and reviews are under the moderation of NOLD.

Reviews containing one of the following shall be immediately deleted:

  • Misinformation, deception and fraud
  • Hate speech
  • Personal data or privacy violation in general
  • Bullying and/or harassment
  • Statements of intent to commit violence, including self-harm and violence against animals
  • Intellectual property violations

 

  1. Order

Ordering goods by the Buyer is a multi-step procedure:

 

  1. The Buyer selects an item by clicking the “Request” button on the product page or in the chat system interface.
  2. The Buyer selects a shipping method and accepts the terms of service of NOLD and of the chosen courier company.
  3. The Buyer orders the payment.
  4. Within a period of two days, the Seller decides to Cancel or Confirm the Order:
  1. If the order is Cancelled, the Buyer receives a message informing him of the cancellation; the money is never transferred from their bank account to Stripe and the product is available on the Website again;
  2. If the order is Confirmed, the money is transferred to Stripe, and the Seller uses the Chat system to generate a shipping label
  1. The Seller has 3 days to fulfil the order.

 

The list of courier companies currently available and the respective shipping fees is available here: (link)

Buyer accounts are currently available to individuals and legal entities in the European Union and the United Kingdom of Great Britain and Northern Ireland.

The contract for the sale of goods is considered concluded from the moment the order is confirmed by the Seller.

Although NOLD owns none of the items displayed and sold on the Website, and NOLD is not a party to the contract for the sale of goods between the users, NOLD has the right to terminate already confirmed orders, made in violation of the present Agreement.

 

  1. Product verification – will be available soon

Product verification is a paid service offered by NOLD for selected goods in partnership with Legit Grails.

The service could be purchased at check-out with the order of the product that the Buyer wishes to verify.   

If the verification procedure returns a negative result, NOLD reimburses the verification fee and the sale price for the item to the Buyer. The item that is subject to the verification is then deleted from the platform.

By using the Website, Users agree with the terms of service of Legit Grails.

If a seller lists more than two items, proven to be counterfeit by Legit Grails verification procedure, NOLD holds the right to temporarily suspend or delete the Seller Account.

 

  1. Chat System

In order to facilitate the process of sale, NOLD offers a chat system which connects Sellers with Buyers.

The chat system is available separately for each individual listing and Buyers who initiate the conversation or Request to buy.

Sellers agree to only use the chat system for the purpose of executing the individual order.

Discussing individual orders outside of the chat system deprives Sellers from their rights under the present Agreement, including receiving and leaving reviews and ratings, customer support etc.

Within the two-day period under 4., the product is unavailable to other Buyers.

NOLD has the right but not the obligation to moderate the chat messages between Users.

NOLD has the right to delete chat messages at its discretion.

Chat messages containing one of the following shall be immediately deleted:

  • Misinformation, deception and fraud
  • Hate speech
  • Personal data or privacy violation in general
  • Bullying and/or harassment
  • Statements of intent to commit violence, including self-harm and violence against animals
  • Intellectual property violations

 

  1. Fulfilment

Goods sold on the Website are delivered by a logistics company chosen by the Buyer at checkout from a list provided by NOLD.

The current list of logistics companies used by NOLD includes:

  • Evri

 

The list of logistics companies used by NOLD falls entirely within the discretion of NOLD and is subject to change.

After an item is ordered by the Buyer and the Seller confirms the order, the Seller uses the interface of the Chat system to generate a shipping label.

Sellers have 3 (three) business days (counted from the moment when the shipping label is generated) to transfer possession of the goods to the courier for the purpose of the delivery.

All delivery fees are at the expense of and prepaid by the Buyer.

If the address provided by the Buyer is incorrect and/or cannot be located at their address by the delivery company, all return fees are at the expense of the Buyer and deducted from the refund the Buyer receives.

For international deliveries, the Buyer is solely responsible for all applicable fees and duties, and customs-related obligations and documents.

By creating an Account and using the Seller Services, Sellers agree with the terms of use of the courier.

 

  1. Payment

Payment for the goods sold on the Website is facilitated by NOLD with the help of a third-party payment processing provider, which acts as an escrow.

Currently, the only third-party service NOLD uses for this purpose is Stripe.

By using the Website, Sellers agree with the terms of service of Stripe.

NOLD urges Sellers to get acquainted with the terms of service of Stripe, which are available on their website: https://stripe.com/

By using the Website, Sellers agree that the information, relating to them, including personal data, to be provided to Stripe. This information is limited to the information required by Stripe for using their payment processing services. This information is also subject to the terms of service of Stripe.

Money sent as a purchase price for goods sold by the Seller is held in an escrow account.

Escrow funds are not used or spent by NOLD.

Escrow funds are held by NOLD until the order is confirmed and completed.

Payments in currency, which is different from the display currency of the item, are subject to the currency conversion rules, fees and taxes of the credit card operator.

When the order is complete, the Seller chooses their preferred form of payout, and immediately receives it. 

The currently available forms of payout are cash payout and store credit (for NOLD Partners).

An order is considered complete, when the following conditions have been met:

  • The goods have been delivered by the courier.
  • The dispute period has expired.

 

  1. Dispute

Dispute is a period of time in which a Buyer has the right to raise a concern regarding an order they have made.

The option to initiate a dispute is available for any order with a confirmed payment by the Buyer.

The current dispute period for all goods on the Website is 3 (three) days (counted from the moment the goods have been delivered by the courier/marked as delivered).

After a dispute has been raised, the Buyer has to:

  1. Contact NOLD at the following email address: email address, describing the issue in detail;
  2. Contact the Seller in the Chat of the order in question.

Sellers agree to make their best effort to resolve the dispute amicably.

If a Buyer has initiated a dispute, the dispute period is extended until:

  • the Buyer decides to mark the dispute as resolved; or
  • NOLD issues a decision on the dispute, if the dispute has been referred to NOLD.

Users agree to accept the decision made by NOLD as final and binding.

Decisions rendered by NOLD fall entirely within its discretion.

NOLD is not a party to the legal relationship between the parties and has no legal obligation to participate in dispute resolution.

Grounds for dispute under the present terms are:

  • receiving a counterfeit item; or
  • receiving an item in a condition substantially different than the condition presented in the listing.

Shipping costs for returning a counterfeit item are at the expense of NOLD.

Shipping costs for returning an item in a condition substantially different than the condition presented in the listing are at the expense of the Buyer.

If the parties have agreed, or NOLD has decided, for the item to be returned, the payment amount is returned to the Buyer.

The buyer has 3 days after that to send the item back to the Seller and provide NOLD and or the seller with a tracking Number.

If the Seller doesn't receive the item back, he has the right to raise a dispute with NOLD regarding the Buyer. The dispute follows the same procedure and is subject to the rules above.

 

  1. Discounts

Discounts for the goods offered on the Website can be provided by NOLD or by Sellers, who participate in the “Discount ladder” service.

NOLD may provide discounts for the goods offered on the Website. Those discounts do not affect the price determined, and therefore received, by the Seller. Those discounts only affect the price paid by the Buyer.

Discount ladder

Sellers may opt-in to the “Discount ladder” service offered by NOLD. The Discount ladder is a promotional service which allows Sellers to automatically adjust the price of the goods they offer, by gradually reducing it at predefined time intervals. The service works in the following manner:

  1. The Seller opts in the Discount ladder service by clicking the button associated therewith;
  2. The Seller selects the minimum amount of the price they are willing to accept;
  3. The NOLD algorithm determines the appropriate price reduction amounts and time intervals and automatically applies them.

 

  1. Payout and Sales fees

Each completed sale on the Website is subject to a fee.

The current amount of the sales fee is determined by the form of payout the Seller chooses to receive.

The current forms of payout are the following:

  1. Payment in currency - cash;
  2. Payment in store credit.

Payment in store credit is only available for products of Partner brands or NOLD.

The current amounts of sale fees are as follows:

  1. For payments in currency – 15% of the sale price + 0.00% Stripe transaction fees described in this table;
  2. For payment in store credit – 0% of the sale price.

The Stripe transaction fee amount provided above is for convenience purposes only. Stripe transaction fees are subject to change. Although we try to keep our Agreement up-to-date, Sellers are responsible for the entire amount of the Stripe transaction fees associated with their sales.

By choosing to receive payment in store credit, Sellers accept the terms of use of the Partners' first-hand website, as well as all the obligations related to using the store credit.

NOLD has the right to change the available forms of payment and the applicable fees at its own discretion.

 

  1. Cash Payout

Cash payout is paid to the Sellers' bank account.

Sellers provide details about their preferred bank account in their profile page.

Currently, NOLD can only offer cash payout with no minimum to bank accounts in banks, located in The United Kingdom of Great Britain and Northern Ireland, and member states of the European Union.

Cash payout to bank accounts in banks, located outside of the countries above, must be for the amount of at least 300 Euro and are subject to an additional fee of 2%.

 

  1. Store credit

Payment in store credit is available for sales of items carrying the brand of selected Partners only. The store credit is available for selection after a sale is finalised (i.e. the dispute period has expired).

Once selected as a payment method, a store credit cannot be substituted with a cash payout.

The store credit is in the amount of up to 110% of the Sale price and is not subject to any fees by NOLD.

The store credit might be different for the various brands available on the marketplace and/or the Brand Resale Hubs.

The store credit can only be used on the website of the Partner, which owns the brand of the item sold, or on the NOLD marketplace.

The store credit has a term of validity of 1 (one) year.

 

  1. Marketing Services – available soon

The current marketing services offered by NOLD are:

  1. Collection promotion on the Website - via the Collection Promotion section on the profile page of the Website;
  2. Instagram promotions.

Collection promotion is conducted via display in the Collection Promotion section, which is available on the homepage of the Website.

Instagram promotions are Instagram posts and/or stories, available on the NOLD Instagram account.

The fee for marketing services is determined for each individual service and is payable by card only.

Additionally, NOLD has the right to promote any and all content available on the Website, including all images and content created and/or uploaded by Users, and the User profile themselves.

NOLD has the right to promote the aforementioned content on any website or platform via any type of advertisement at its own discretion.

Lastly, and unrelated to any marketing services offered by NOLD, Sellers have the right to independently use the listings created by them and the Partner database data contained therein for marketing purposes.

 

  1. Indemnification

Users are solely responsible for all state and municipal fees, duties and taxes, and their calculation, collection and reporting, related to listings created by them and sales executed on the Website.

More specifically, Buyers are solely responsible for all obligations related to customs and customs handling of the goods.

Sellers are solely responsible for goods conformity, contract withdrawal rights, guarantees, return and refund rights, and any and all related consumer rights or consumer protection obligations, or any other claims Buyers have in relation to sales executed on the Website.

Users are solely responsible for all liabilities resulting from incompliance with the obligations described above or any legal obligations Sellers have in relation to the sale of goods on the Website.

Users agree to indemnify NOLD from any and all claims arising out of or in relation to sales of goods executed on the Website, including but not limited to all obligations set out in this Agreement, the terms of use of Partners and third parties, and the applicable law.

Specifically, Users agree to indemnify NOLD from any and all claims arising out of or in relation to state-level obligations, including but not limited to fees, duties and taxes, their calculation, collection and reporting, consumer protection, personal data protection, any and all related penalties.

Goods that have not been received by the Buyers because of a failure to perform any of the obligations described above are still considered to be delivered and are therefore ineligible for reimbursement under no circumstances.

 

  1. Intellectual Property

The intellectual property rights on all materials and resources located on NOLD's Website (including the available databases) are subject to protection under the applicable law, belong to NOLD, or its Partners, or to the respective designated person who assigned the right of use to NOLD, and cannot be used in violation of current legislation.

In the case of copying or reproduction of information beyond what is permissible, as well as in case of any other violation of intellectual property rights on NOLD's resources, NOLD has the right to claim compensation for the direct and indirect damages suffered in full.

Except in cases where it is expressly agreed, the Seller may not reproduce, change, delete, publish, distribute, or publicise in any other way the information resources published on the Website.

NOLD undertakes to take due care to provide the Seller with an opportunity for normal access to the Services provided.

NOLD has the right, but not the obligation, at its discretion to delete information resources and materials published on its site.

Sellers agree that all intellectual property that belongs to the Seller and is hosted on the Website, and does not constitute personal data, can be used for marketing purposes by NOLD.

Sellers agree that all intellectual property that has been used for marketing purposes in the manner described above, can remain in use for marketing purposes, even after the Seller account has been terminated, regardless of the reason for the termination.

 

  1. Termination

Unless otherwise specified in the Agreement, both Parties have the right at their discretion to unilaterally terminate the Agreement, with an immediate effect upon notice to the other Party.

In case NOLD finds that the services provided are used by the Seller in violation of the Agreement, NOLD has the right to unilaterally and with no prior notice:

- limit or suspend some of the functionalities of the Seller’s account, and/or

- limit or suspend some or all of the Seller’s benefits, or

- terminate the Seller’s account completely

 

  1. Survival provision

The provisions of the Agreement that by their nature are intended to survive, shall survive and remain in effect between the Parties after the termination of the Agreement itself.

In the event that any of the provisions of the Agreement is found to be invalid, this will not invalidate the entire Agreement. The invalid clauses will be superseded by the mandatory rules of law or established practice.

 

  1. Amendment of the Agreement

NOLD undertakes to notify Sellers of any changes in the present Agreement immediately by posting them on the Website.

NOLD undertakes to additionally notify Sellers of any changes in the Fees, Payments, Account or other sections of the Agreement that NOLD deems important via email.

By creating an Account, the Seller accepts the current Agreement with NOLD.

Unless otherwise specified, the Agreement that is applicable to each order is the Agreement that was published on the Website at the time the Seller received an order.

 

  1. Applicable law

The provisions of the current legislation of the United Kingdom of Great Britain and Northern Ireland shall apply to all matters not settled by this Agreement.