§ 1 General

The following General Terms and Conditions (GTC) apply to all business relationships, including all orders by telephone, fax, Internet, e-mail or letter, between Secondhandbags AG , and its customers, hereinafter also referred to as "purchaser" or "buyer". The version of the GTC valid at the time of the order shall always apply. These shall therefore also apply to all future terms and conditions, even if they are not expressly agreed again. By placing an order, the purchaser recognises the following GTC.

Deviations from these GTC are only effective if Secondhandbags AG recognizes and confirms them in writing. The customer's terms and conditions of purchase shall not be binding, even if Secondhandbags AG does not expressly object to them. Counter-confirmations by the customer with reference to its terms and conditions of business or purchase are hereby rejected.

Secondhandbags AG is an independent reseller of authentic pre-owned luxury goods. It is not affiliated with, endorsed, sponsored, or authorised by any of the brands whose products it sells. All brand names, logos, and trademarks belong to their respective owners and are used only to identify and describe the products offered.

§ 2 Offer and conclusion of contract

The customer's order constitutes an offer to Secondhandbags AG to conclude a purchase contract. After receipt of the order, Secondhandbags AG shall inform the customer of the receipt of his order by e-mail (order confirmation). The order confirmation does not constitute acceptance of the customer's offer. The purchase contract is concluded upon acceptance of the offer by Secondhandbags AG. Acceptance is effected by the dispatch confirmation sent by e-mail or by delivery of the goods. Secondhandbags AG may accept the offer within two weeks of receipt of the customer's offer.

Secondhandbags AG only concludes contracts with legal entities and natural persons with unlimited legal capacity who have reached the age of majority. If the customer is not yet of legal age, then Secondhandbags AG is entitled to withdraw from the contract.

Secondhandbags AG is entitled to withdraw from the contract if Secondhandbags AG is not supplied correctly and/or on time by its suppliers. The customer shall be informed immediately of the non-availability of the goods. Any counter-performance by the customer shall be reimbursed immediately.

If an article is not available, Secondhandbags AG reserves the right to offer the delivery of a replacement item of at least the same price and quality. The customer is free to accept or reject this offer.

The information in the Secondhandbags AG sales documents or in the online store (illustrations, drawings, dimensions, weights, product descriptions, content specifications, prices and other services) is only to be understood as guidelines and does not constitute a guarantee of properties unless they are expressly designated as binding in writing.

§ 3 Prices and costs

All prices are in Swiss francs (CHF) and include Swiss VAT.

Secondhandbags AG delivers only within Switzerland and the Principality of Liechtenstein. Delivery is free of charge and insured.

Return shipping costs and any restocking fees are governed by § 4 and § 4a.

Vouchers and discount codes cannot be combined unless stated otherwise.

§ 4 Right of return

The right of return applies only to orders placed through the online shop. It is a voluntary service of Secondhandbags AG and not a statutory right of withdrawal. Purchases made in our office cannot be returned.

The customer may return an item within 7 calendar days of delivery or first delivery attempt for a full refund of the purchase price. The return request must be made in writing (info@secondhandbags.ch), stating the order number and the reason, within these 7 days. The item must arrive at Secondhandbags AG within the same 7 days. The postmark alone is not sufficient. Returns arriving after this period are not accepted.

The delivery date is the date shown as delivered or collected in the carrier's tracking, or the date of the first delivery attempt, whichever is earlier. Day 1 is the day after delivery or first delivery attempt. All days are calendar days. If day 7 falls on a Sunday or a public holiday in Zurich, the deadline is extended by 1 calendar day.

A return is accepted only if all of the following are met: the original Secondhandbags security tag is attached and undamaged; the item has only been tried on at home and not used or worn outside; its condition is identical to the condition at delivery; all accessories are included; and the item is carefully packed.

Secondhandbags AG documents every item before dispatch (photos, serial or date code, security tag number) and compares the return against this record. If a return does not meet the conditions in paragraph 4, no refund is issued and the item is sent back to the customer at the customer's expense.

Returns of items from CHF 8,000 must be requested in writing within 48 hours of delivery or first delivery attempt, and the item must arrive at Secondhandbags AG within 7 calendar days of delivery or first delivery attempt. The item must be completely unworn, with every accessory and the security tag attached.

Return shipping costs and risk are borne by the customer, unless the return is due to an error by Secondhandbags AG. Secondhandbags AG is not liable for loss or damage during return shipping. Insured, trackable shipping is strongly recommended.

After successful inspection, refunds are made to the original payment method, usually within 3 to 5 business days (up to 7 business days for items from CHF 8,000). For Klarna or PowerPay purchases, the refund is processed through the payment provider. Original shipping costs are refunded only if the return is due to an error by Secondhandbags AG.

The following cannot be returned: purchases made in our office, very rare or extremely limited pieces, or pieces sourced on request, marked as non-returnable before purchase.

Secondhandbags AG may refuse returns or future orders in case of repeated or improper use of the right of return, in particular more than 3 returns within 6 months, items used and then returned, or the return of an item other than the one delivered.

For detailed information, check our Return Policy.

§ 5 Purchase on account with installment facility (PowerPay AG)

MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. You can simply pay for your online purchase by invoice. If you choose not to pay within the specified time frame, you will receive a monthly invoice with an order overview in the following month.

Upon conclusion of the purchase contract, POWERPAY will assume the invoice claim and process the corresponding payment modalities. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our own (https://www.powerpay.ch/de/agb).

Deliveries are made in accordance with the shipping conditions valid at the time of the order. The ordered goods will be delivered to the address specified by the customer. Delivery times are not binding. Fixed delivery dates must be confirmed by Secondhandbags AG in writing. There are no shipping costs for ordered goods that are made available for collection. Items are usually dispatched within 1 to 3 working days after receipt of payment. For items stored at our partner warehouse, dispatch may take up to 8 working days. Delivery times are indicative and not binding unless confirmed in writing.

Secondhandbags AG shall not be held liable for any delays in delivery caused by force majeure or events that substantially hinder or prevent the fulfillment of its contractual obligations. Such events include, but are not limited to, strikes, lockouts, government orders, and similar circumstances, including those affecting Secondhandbags AG’s suppliers or subcontractors. This provision shall also apply where binding delivery dates or deadlines have been agreed upon. In such cases, Secondhandbags AG reserves the right to postpone delivery for the duration of the disruption, plus a reasonable period required to resume operations, or to withdraw from the contract in whole or in part with respect to any obligations not yet fulfilled. If the disruption continues for more than five working days, Secondhandbags AG shall be entitled to withdraw from the contract with respect to any unfulfilled obligations, following the expiry of a reasonable additional grace period. Any extension of the delivery period or release of Secondhandbags AG from its contractual obligations under these circumstances shall not entitle the customer to claim damages or compensation.

If the customer fails to accept delivery or culpably breaches any other obligation to cooperate, Secondhandbags AG shall be entitled to claim compensation for any resulting losses, including any additional costs incurred. The right to pursue further claims remains preserved. The risk of accidental loss of or damage to the purchased goods shall pass to the customer at the time the customer fails to accept delivery. Returns of purchases on account are governed by § 4. Refunds are processed through PowerPay AG.

§ 6 Terms of payment, retention of title

The purchase price becomes due upon acceptance of the order and issuance of the order confirmation by Secondhandbags AG. Payment must be made in accordance with the payment terms and conditions applicable at the time the order is placed. Discounts and deductions for early payments are not permitted.

All deliveries are made subject to retention of title. The goods shall remain the sole and exclusive property of Secondhandbags AG until the purchase price, including any additional charges and associated costs, has been paid in full.

The Secondhandbags AG reserves the right to exclude individual customers from purchasing on account without providing a reason. Any such restriction will be indicated on the website.

Invoices are issued by our partner PowerPay AG. PowerPay AG issues an order invoice by email on the day following the placement of the order. The invoice must be paid within 10 days of receipt.

PowerPay AG charges a billing fee of CHF 1.90.

 

§ 7 Cancellation policy

There is no statutory right of withdrawal. The voluntary right of return under § 4 remains unaffected.

The customer may cancel an order free of charge as long as it has not been dispatched, by writing to info@secondhandbags.ch. The purchase price is refunded in full.

Each item is unique. If an item becomes unavailable after the order, or does not pass the final authenticity and condition check, Secondhandbags AG may cancel the order. The customer is informed without delay and refunded in full.

§ 8 Limitation of liability and warranty rights

Items are pre-owned unless stated otherwise. Their condition is described on the product page. Signs of use described or shown there do not constitute defects.

If an item is defective, the statutory provisions apply, unless otherwise stipulated below.

The customer must report any defect in writing within 48 hours of delivery or first delivery attempt, stating the order number and including photos. Notification by email to info@secondhandbags.ch is sufficient. Receipt by Secondhandbags AG is decisive for meeting this deadline. This applies in particular to a wrong item, a defect not shown or described, transport damage, a missing accessory listed on the product page, or a parcel shown as delivered but not received. The security tag must remain attached. If the customer does not comply with these obligations, any warranty claims against Secondhandbags AG are excluded, unless the defect could not be discovered within this period, in which case it must be reported immediately upon discovery.

Since every item is unique, a replacement delivery is generally not possible. For a justified complaint, the customer may, at their choice, rescind the contract against a full refund of the purchase price, or keep the item with a reduction in the purchase price agreed with Secondhandbags AG. Where a repair or replacement is possible and agreed with the customer, it is provided without recognition of a legal obligation and does not restart the limitation period. If the defect is due to an error by Secondhandbags AG, it bears all shipping costs.

Secondhandbags AG guarantees the authenticity of every item. The conditions of the Authenticity Guarantee apply.

Secondhandbags AG is liable for damages in accordance with the statutory provisions, subject to the following: liability for simple negligence exists only in the event of default, impossibility of performance or breach of a material contractual obligation, and is limited to the reasonably foreseeable damage typical of the contract. It is further limited to the order value. No compensation is paid for loss of profit.

In all other respects, the statutory liability of Secondhandbags AG remains unaffected, in particular liability for intent, gross negligence, fraudulent concealment of a defect and any strict liability. Any liability arising from the assumption of a guarantee, including the Authenticity Guarantee, also remains unaffected.

The limitation of liability also applies to third parties included in the scope of protection of the contractual relationship. The legal representatives, employees, and vicarious agents of Secondhandbags AG are not liable beyond the liability of Secondhandbags AG itself.

§ 9 Purchase and commission

Secondhandbags AG only accepts bags that, at its sole discretion, are in good condition, belong to a designer listed in its current list of accepted brands at the time of evaluation, and whose authenticity can be verified through an authentication process. Items that do not meet these requirements or have defects that were not disclosed by the consignor will not be accepted and will be returned.

For bags found to be counterfeit, an authentication fee of CHF 80 (or CHF 180 for Hermès items) will be charged to cover costs of authentication, handling, and shipping. Secondhandbags AG reserves the right to take legal action and retain the item in cases where counterfeit good have been knowingly submitted.

The consignor’s pricing expectations will be taken into consideration when determining the selling price. Secondhandbags AG establishes fair selling prices based on its experience, expertise, and market research. Secondhandbags AG may adjust prices at any time within the agreed price range to facilitate a timely sale. Any price adjustments outside this range will be discussed with the consignor in advance, including by email.

The sale proceeds, minus commission, are paid to the consignor starting 14 business days after the sale, and payment is completed within a further 10 days. Once the payout is made, the sale is final for the consignor. If the item later comes back to Secondhandbags AG for any reason, including under § 4a, the item becomes the property of Secondhandbags AG, and the consignor has no further claim.

Secondhandbags AG uses its online store, existing customer base, and additional sales channels to sell consigned bags as efficiently as possible. Items must remain with Secondhandbags AG for a minimum period of three (3) months. If the consignor requests the return of an item before the end of this period, a handling fee of CHF 300 will apply. After the minimum consignment period has expired, the customer may request the item free of charge or leave it with Secondhandbags AG until it is sold.

Drop-off & shipping: Items can be handed over in person at our office by prior appointment only, which must be requested by email to info@secondhandbags.ch, or sent to us by insured shipping service with a shipping label provided by Secondhandbags AG. Items brought to our office without a confirmed appointment cannot be accepted. The consignor is responsible for ensuring that the item is properly packaged and prepared for shipment until the parcel has been handed over to the shipping carrier. Secondhandbags AG will confirm receipt of the bag by email.

While consigned bags are stored on its premises, Secondhandbags AG undertakes to handle and safeguard them with reasonable commercial care and to implement appropriate security measures. However, Secondhandbags AG shall only be liable for damage resulting from wilful misconduct or gross negligence. Secondhandbags AG accepts no liability for loss or damage caused by theft, burglary, fire, water damage, or other events beyond its control for which it is not at fault. The consignor is responsible for arranging appropriate insurance coverage if comprehensive protection is required.

§ 10 Data protection

Secondhandbags AG is committed to protecting customers' personal data and processes such information in accordance with applicable data protection laws.

Personal data collected in connection with purchases, consignment services, and other customer interactions is processed to fulfill contractual obligations, provide customer support, and manage our business operations.

Further information about how we collect, use, store, and protect personal data, as well as your rights regarding your personal information, can be found in our Privacy Policy.

§ 11 Complaints, applicable law, place of jurisdiction

All complaints must be submitted in writing to the registered business address of Secondhandbags AG.

These Terms & Conditions and any disputes arising from or in connection with the contractual relationship shall be governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This shall also apply to orders placed from abroad or deliveries made to destinations outside Switzerland, subject to any mandatory provisions of applicable law.

To the extent permitted by law, the place of jurisdiction for any disputes arising from the business relationship shall be the registered office of Secondhandbags AG.

 

§ 12 Customer ratings

By submitting a customer review, product review, or similar content on our online store or other publicly accessible platforms, you grant Secondhandbags AG a royalty-free licence to use, reproduce, publish, and otherwise distribute such content.

Secondhandbags AG reserves the right to review customer feedback before publication and, at its sole discretion, to decline to publish, edit, shorten, or remove reviews without prior notice or explanation. We may also determine how long a review remains publicly available.

Customer and product reviews reflect solely the opinions of the individuals who submit them and do not necessarily represent the views or opinions of Secondhandbags AG.

§ 13 Final provisions

All offers made by Secondhandbags AG are subject to change and non-binding.

Secondhandbags AG makes every effort to provide accurate product descriptions and images. As many of our products are unique, pre-owned luxury items, slight variations in colour and appearance may occur due to lighting conditions, photography, and individual screen settings. We strive to provide detailed and accurate descriptions of each item's condition, characteristics, and any visible signs of wear, ensuring that customers can make informed purchasing decisions.

Employees and sales representatives of Secondhandbags AG are not authorised to enter into verbal agreements or make verbal commitments that extend beyond the provisions of these General Terms & Conditions (GTC).

These GTC constitute the entire agreement between Secondhandbags AG and the customer. Any additional agreements, amendments, or modifications to these GTC, including changes to this provision, must be made in writing to be legally effective, subject to any mandatory provisions of applicable law.

This version constitutes the most recent edition of the GTC and supersedes all previous versions.

§ 14 Severability clause

If any provision of these General Terms & Conditions (GTC) is or becomes invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that reflects, as closely as legally possible, the original economic intent of the parties. The same principle shall apply to any omissions or gaps in these GTC.