Terms of service
Terms & Conditions
1. General Regulations
Dimitra Zavakou, sole proprietorship, located at Alt-Tegel 26, 13507 Berlin, Germany ("now used"), operates as a platform connecting fashion brands and fashion stores, offering a Website in the form of a marketplace (“Website”) for their interaction.
In these Terms and Conditions, "We," "Us," or "Our" refers to now used and Our Services, while "You," "Your," or "Yours" refers to any User, visitor, member, or partner of Our platform.
These Terms and Conditions establish the framework for the Services provided by Us under this Service Agreement, governing the relationship between Us and the User. Any deviations from these Terms are valid only if confirmed in writing by Us.
We reserve the right, at Our sole discretion, to modify, suspend, discontinue, or terminate the Services or any content, feature, or material provided on the Website. We are not liable for any unavailability of the Services at any time or for any duration. Periodically, We may restrict access to parts or all of the Services to Users. It is Your responsibility to stay informed about changes to Our Services.
If We modify these Terms and Conditions, We will provide reasonable prior written notice and post the changes on the Site or through the Application. By continuing to access or use the Services after such modifications, You indicate Your agreement to be bound by the revised Terms. If the revised Terms are unacceptable to You, Your only option is to stop using the Services.
Our Services are available only to individuals who are at least 18 years old. If You are acting on behalf of a company, You must have the legal authority to enter into business agreements on behalf of that company.
By agreeing to the Terms and Conditions during registration, You acknowledge and accept these Terms and all other referenced Terms and policies. If You do not agree to these Terms, You have no right to access or use the Services or Collective Content.
2. Account Registration and Use
To access Our Services, You must register and create an account. We offer two types of accounts:
Brand Account: This account is intended for fashion brands (product sellers; sellers). Sellers must register and apply to use Our Website. We reserve the right to reject applications. Required information includes basic company details (such as name, tax-related and financial information, and documentation) and personal information of the account holder. Setting up and maintaining a brand account is free of charge on Our Website.
Retail Store Account: This account is designed for fashion stores (product buyers; buyers). Buyers must create a Retail Store Account, providing basic company information (such as name, tax-related and financial information, and documentation) and personal details of the account holder. We reserve the right to reject applications and may also check Your credit history, which could affect Your credit score. Setting up and maintaining a retail store account is free of charge on Our Website.
For more details on how We handle data, please refer to Our Privacy Policy.
By registering for an account, You agree to provide accurate, up-to-date, complete, and correct information. You also commit to updating Your information if it becomes outdated. We reserve the right to pause or delete Your account if Your information is incorrect or incomplete.
You are responsible for keeping Your account secure, including safeguarding Your password to prevent unauthorized access. Any activities that occur under Your account are Your responsibility. You must promptly inform Us of any unauthorized use of Your account. We reserve the right to disable any Username or password at Our sole discretion, at any time and for any reason, including if We believe You have violated any part of these Terms.
When handling payments, We work with third-party payment providers. By providing payment details when registering for a retail store account or purchasing products, You agree to pay the brand(s) for the goods and any applicable taxes and fees. You authorize the brand’s designated payment provider to charge Your payment method and to credit it for any necessary adjustments. We reserve the right to correct any pricing errors.
The payment of the products is made directly from the buyer to the seller without Our intervention. The seller guarantees the security of the payment method he has chosen and of his transactions with the buyer. We have no responsibility for any error that occurs in the financial transactions between the seller and the buyer.
3. Approval and Granting Access to Our Website
When applying for approval, Users must provide their company information, billing details, and specify a contact person and region, along with their intention to use the Website for buying and/or selling. Brand accounts (sellers) compensate Us for Our Services through a commission on sales conducted via Our Website.
A second private contract in addition to these Terms and Conditions will be concluded detailing provision payment. Brands (sellers) will pay a commission to Us after a successful sale through Our Website. Brands (sellers) will be billed by invoice.
This commission must be paid by the supplier immediately upon invoicing, without any deductions, and inclusive of the applicable value-added tax at the current rate. The User consents to the storage of invoicing data for verification purposes and in compliance with statutory archiving requirements.
It is the User's responsibility to ensure that all information provided to Us and other Users is accurate and complete, especially during the approval application process. Users must promptly notify Us of any changes to the information provided.
We reserve the right to deny approval or restrict access if We suspect a User has violated Our Terms and Conditions. The User can prevent these actions by providing appropriate evidence to refute the suspicion, at their own expense.
4. Services Offered by Us
Our platform serves as a Website that links buyers (fashion retail stores) and sellers (fashion brands). Sellers have the opportunity to showcase and sell their products, while buyers can browse and purchase these offerings. Additionally, the Website provides a range of features to manage, market, promote, analyze, and oversee various business activities.
The transaction of products is solely between buyers and sellers. We, as Company and Service partner, do not own any products sold through it, nor do We ever take possession of the products being offered. We neither store the products in a warehouse nor act as an administrator or trustee for the products. As a result, We cannot be held responsible for any actions or omissions by buyers or sellers on Our Website. We disclaim all liability concerning the products offered, including but not limited to their authenticity, quality, trademarks, use of logos, distribution licenses, or product information.
Our Services include:
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Usage of Our Website after approval of the account
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For brands: to showcase and sell their products
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For retail stores: browse and purchase products displayed by brands
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Purchases over Our Website
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Payment Services via a third-party provider
We provide You with a limited, revocable, non-exclusive, and non-transferable right to use Our Website without any royalty fees. This right does not include the ability to sublicense. You are allowed to access the Services and view any content You are authorized to access, but solely for the purposes outlined in these Terms and Conditions.
Unless explicitly stated otherwise, the rights provided to You are subject to the following limitations:
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You are prohibited from licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise exploiting the Services or content for commercial purposes.
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You may not copy, reproduce, distribute, modify, adapt, create derivative works from, publicly display, perform, stream, broadcast, republish, download, disassemble, decompile, reverse engineer, store, post, or transmit any material or content from Our Services.
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You must not interfere with or bypass any features of the Services, including security measures or access controls, in whole or in part, except as allowed by these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us, Our licensors, or others, except as expressly provided in these Terms. If You infringe upon the rights of Us, Our licensors, or others, Your permission to use the Services will terminate immediately, and You must, at Our discretion, return or destroy any copies of the materials You have obtained.
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For our services, we apply a 20% commission from the seller. The percentage is based on the net sum of the order (excluding VAT). Order returns will not lead to a reduction of the commission. Our service is free for the buyer side, i.e., no commission will be applied for the buyer.
Rights Granted by User
As a User, You have the ability to post content on Our Website. By doing so, You grant Us a global, perpetual, non-exclusive, transferable, sublicensable, and royalty-free license to use, view, copy, adapt, modify, distribute, publicly display, and perform the content through Our Services or in connection with Our advertising, marketing, publicity, or other projects and events. While We have these rights, We do not claim ownership of any User-generated content. These Terms do not limit any rights You may have to use and profit from Your own content.
You acknowledge and agree that You bear full responsibility for the content You publish on Our Website. Consequently, You affirm and warrant that:
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You either own the content You post or have obtained all necessary rights, licenses, consents, and permissions to grant Us the rights to publish it as outlined in these Terms and Conditions.
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The content and any portion thereof (including its posting, uploading, publication, submission, or transmission), as well as Our use of the content, do not infringe on any third party's rights (including patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, rights of publicity, or privacy). The content also must not contain defamatory, misleading, unlawful, abusive, harassing, or obscene material, nor any computer virus or malware that could harm the operation of Our Website, nor result in any violation of applicable laws or regulations.
You agree not to use a false email address, impersonate any person or entity, or mislead Us or third parties regarding the origin of any content. You are solely responsible for the accuracy and legality of any content You create. We do not take responsibility and assume no liability for any content posted by You or any third party. Furthermore, You agree to indemnify Us according to the Terms outlined in the Indemnification section of these Terms.
5. Ownership of Content
Our Services and all User content are safeguarded by copyright, trademark, and other intellectual property laws of the European Union and other jurisdictions. You acknowledge and agree that, except for Your own contributions, Our Services and User content, along with all related intellectual property rights, are exclusively owned by Dimitra Zavakou, sole proprietorship, Our licensors, and other content providers. Except as explicitly granted in these Terms, no rights are implied or granted.
You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, or other proprietary notices that are incorporated into or accompany Our Services or content.
We retain sole ownership of all pending, registered, and unregistered trademarks, trade dress, and trade names that appear on Our Website, including Our name and logo, as well as all associated names, logos, product and service names, designs, and slogans. You agree not to use these marks without Our written consent. Any other trademarks, service marks, logos, trade names, and proprietary designations are the property of their respective owners.
6. Content From and for Third-Party Websites
Third-Party Content
Our Services may include content supplied by third parties, including materials from other Users. All statements and opinions expressed in these materials, along with all articles, responses to questions, and other content, other than content provided by Us, are solely the opinions and responsibility of the individuals or entities providing those materials. These materials do not necessarily reflect Our views. We are not responsible or liable to You or any third party for the content or accuracy of any materials provided by third parties.
Social Media Content
As a Brand, You may choose to link Your social media accounts to Our Website, granting Us permission to access Your social media accounts and their content for the purposes outlined in these Terms and Conditions. By doing so, You ensure that You are not violating any Terms and conditions governing Your use of those social media accounts. You authorize Us to access Your social media accounts without incurring any fees or being subject to usage limitations set by the social media service providers.
Should a social media account become unavailable, its content will no longer be accessible on Our Website. You retain the ability to unlink Your Brand Account from Your social media accounts at any time. Your relationship with the social media provider is solely governed by the agreements between You and that provider. We do not review any social media content for accuracy, legality, or non-infringement and are not responsible for any content from Your social media accounts. However, We reserve the right to screen, remove, disable, or block any social media content that violates Our Terms and Conditions or is otherwise inconsistent with Our company ethics.
We reserve the right to block external content if it is punishable under the applicable laws or clearly serves the purpose of preparation of criminal acts.
The User will exempt Us from all claims asserted by third parties against Us due to infringement of their rights or due to legal infringements resulting from offers and content posted by the User, provided that the User is responsible for them. In this respect, the User will also pay Our costs for legal defense, including all court and lawyer costs.
7. User Responsibilities
We retain the right to suspend or terminate accounts under the following conditions:
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If product information provided is incomplete.
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If the products offered violate statutory provisions, official regulations, or public morals within the relevant legal jurisdiction.
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Goods or Services that legally require proof of eligibility can only be offered or requested on Our Website if this proof is included in the description and provided at the time of transaction.
The User ensures compliance with all statutory data protection requirements for data received and indemnifies Us from all related claims, including those from public authorities.
8. Other User Responsibilities
The User must:
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Maintain data security and handle logins carefully.
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Notify Us immediately of any technical modifications in their system.
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Assist in identifying third-party attacks on Our Website.
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Conduct transactions on Our Website solely for commercial purposes.
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Avoid disrupting Our Website or accessing unauthorized data.
The User is liable for any damages resulting from non-compliance with these responsibilities.
9. Provisions and Conditions for the Sale of Products Between Sellers and Buyers
The seller is responsible for organizing the shipping of goods. The buyer is granted a payment period of 30 days from the date of invoice or receipt of goods (“Net 30” terms).
Our role is solely that of an intermediary. We are not accountable for the accuracy of products, their availability, or the shipment of products.
We reserve the right to remove products, suspend accounts, or terminate agreements if products infringe these Terms.
10. Unauthorized Use of Our Website and Services
Users must not:
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Poach other Users, avoid paid Services, or publish illegal or harmful content.
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Send malware or attempt unauthorized data access.
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Impersonate others or damage Our reputation.
Reports of copyright infringement can be sent to:
infringement@now-used.com
We reserve the right to investigate and cooperate with authorities regarding violations.
11. Processing Contracts Concluded on Our Website
Contracts formed on Our Website are the sole responsibility of the involved Users. We do not guarantee fulfillment or accept liability for defects or transactions between Users.
12. Liability of the Website Operator
We accept full liability for intentional misconduct and gross negligence. For minor negligence, liability applies only to essential contractual obligations.
We are not liable for factors beyond Our control, such as power outages or data loss preventable through regular backups.
13. Data Processing and Confidentiality
Our servers follow current security standards, but full confidentiality cannot be guaranteed during transmission.
We may store anonymized data for statistical and marketing purposes.
We handle confidential information with care and disclose data only if required by law.
For personal data, please refer to Our Privacy Policy.
14. Assignment and Offsetting
The User may not transfer rights under this contract to third parties. Offsetting against Our claims is only permitted for legally established or undisputed claims.
15. Contract Term
This contract is established for an indefinite period.
Either party may terminate it with a three-month notice period at the end of a month.
We may terminate immediately for good cause, including:
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Violation of Terms not remedied in due time;
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Fraudulent or illegal activity;
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Payment delays exceeding two months;
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Operational disruptions due to force majeure.
Termination must be made in writing.
16. Disclaimer
The Services are provided “as is” without warranties of any kind.
We do not guarantee uninterrupted availability, accuracy, or suitability for a particular purpose.
You are solely responsible for interactions with other Users.
17. Indemnities
You agree to indemnify Dimitra Zavakou, sole proprietorship, and associated partners or service providers against any claims or damages resulting from Your violation of these Terms or applicable law.
18. Limitations of Liability
To the maximum extent permitted by law, We are not liable for indirect, incidental, or consequential damages, including lost profits, data loss, or goodwill.
These limitations are essential elements of the agreement between You and Us.
19. Final Provisions
The laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, govern these Terms and Conditions.
The exclusive place of jurisdiction is Berlin, Germany.
If any provision is invalid, the remaining provisions remain in effect. The invalid clause shall be replaced by one reflecting its economic intent within legal limits.
Berlin, October 31, 2025
Dimitra Zavakou – Sole Proprietorship
Alt-Tegel 26
13507 Berlin, Germany