Terms & Conditions
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies reffered to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
WHAT IS PU.RIST?
The ethos of pu.rist is to provide a platform to support emerging and established designers. pu.rist is a fashion and lifestyle website which provides a platform for designers to present and sell their own label.
pu.rist exists to meet the needs of a very specific customer segment by providing a place to discover unique, original and high quality products from emerging and established designers. We reserve the right to remove sellers that do not fall within this framework at any time.
pu.rist champions the importance of quality and uniqueness. pu.rist supports independent labels that are small businesses; and supports multi-brand stores that may possibly have their own store and are looking to diversify their selling options. In essence we support sellers that have a legitimate business and are taking fashion and lifestyle seriously.
pu.rist supports creativity and small businesses. pu.rist champions sellers that physically own their stock and utilises original content, pictures and media to present a brand led experience.
We do not support the drop shipping business model . If a seller is thought to be running their business as a drop shipper then pu.rist at its own discretion may remove that seller’s account(s) from the site without notice or prior warning to the seller and shall take any measures it deems necessary to ensure that subsequent drop shipping accounts are not opened on the Site.
pu.rist permits sellers to list mobile phone cases and selected stationery/lifestyle items to complement their clothing and/or accessory ranges. Designs must be appropriate to pu.rist obsessive to detail customer. The Marketplace Review Team reserve the right to remove any listing which they feel does not meet this criteria. Phone cases: If making reference to third parties intellectual property rights, you must ensure that their intellectual property rights are used only where it is necessary to indicate the intended purpose of the mobile phone case, in accordance with intellectual property law.
PU.RIST IS A VENUE
pu.rist acts as a venue to allow users, who comply with this agreement. pu.rist 's policies to offer, sell and buy certain fashion and lifestyle goods within a fixed-price format. pu.rist is not directly involved in the transactions between buyers and sellers. As a result, pu.rist has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. pu.rist does not pre-screen content or information provided by users. pu.rist cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, pu.rist cannot and does not transfer legal ownership of items from the seller to the buyer.
pu.rist cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.
You agree that pu.rist is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on pu.rist. You use pu.rist service at your own risk.
Age: pu.rist’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.
You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
pu.rist may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by pu.rist's policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by pu.rist, each of which is incorporated herein by reference and each of which may be updated by pu.rist from time to time without notice to you:
- Copyright Policy
In addition, some services offered through the Site may be subject to additional terms and conditions published by pu.rist from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Seasonal Phasing: pu.rist reserves the right to temporarily remove brands at any time should products be deemed by pu.rist unsuitable for the current season.
Don’t worry, pu.rist will first consult and discuss with you before removing your brand for such reasons and will also discuss how and when to reinstate your brand at a later date. If pu.rist has made reasonable attempts to contact you to discuss removing your brand without success, it may remove your brand without further notice.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.
You agree to immediately notify pu.rist of any unauthorised use of your password or any breach of security. You also agree that pu.rist cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than pu.rist without pu.rist's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on pu.rist you must provide and maintain a valid PayPal business account and postal address.
Account Transfer: You may not transfer or sell your pu.rist account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Account Ownership: pu.rist DESIGNERS may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the DESIGNERS must request prior written permission from pu.rist. pu.rist reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Feedback: pu.rist Marketplace takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Marketplace team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
Right to Refuse Service: pu.rist reserves the right to refuse service to anyone at any time. pu.rist 's services are not available to temporarily or indefinitely suspended pu.rist members. pu.rist reserves the right, in pu.rist's sole discretion, to cancel unconfirmed or inactive accounts.
Launch within 90 Days: If your application to become a seller on pu.rist is approved, you must launch your brand within 90 days of submitting your application. Failure to do so will result in your account being deemed inactive. If you wish to launch your brand after this time you will need to re-apply and start the application process again regardless of previous application success.
FEES AND SERVICES
pu.rist charges a percentage of the sale price when the item sells. pu.rist's Features and Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for pu.rist’s services are effective after pu.rist provides you with at least thirty (30) days' notice by posting the changes on the Site. However, pu.rist may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when pu.rist posts the temporary promotional event on the Site. pu.rist may decrease the fees as stated in the Features & Fees with no notice to you. pu.rist may, at its sole discretion, change some or all of pu.rist's services at any time. In the event pu.rist introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in EURO.
Seller accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. Commission on Stripe-funded orders is deducted at point of sale. In the event that a seller’s product count falls to zero their seller storefront will no longer show on site. A seller account can be closed or downgraded at any time and it is the responsibility of the seller to manually terminate their status from their Account Status page.
All fees are inclusive of GERMAN VAT where applicable. In certain circumstances fees will not be subject to GERMAN VAT but you may be liable to indirect taxes in your own country. pu.rist recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from EU sellers who are VAT-registered. EU sellers are liable to notify pu.rist of any change in VAT status.
Fees and Termination: If pu.rist terminates a listing or your account, if you close your account, or if the payment of your pu.rist fees cannot be completed for any reason, you remain obligated to pay pu.rist for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact pu.rist.
LISTING AND SELLING
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with pu.rist's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within the agreed period, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items.Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding pu.rist transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on pu.rist outside of the pu.rist site, such as directly through PayPal or other third-party providers. This may also constitute fee avoidance.
Site Currency Conversion Tool: We provide a currency converter tool to allow you to see an approximate cost in selected currencies. The currency data is regularly updated from multiple sources to create one guideline rate. This guidance rate may differ to that offered by PayPal or your card provider. The correct billing amount in EURO will always be displayed before you enter your payment details.
Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s brand only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their brands and/or pu.rist. If the Seller is found to be selling promotional codes this may constitute fee avoidance.
Badge use: If a Seller would like to use the“Find me on pu.rist”badge to advertise and promote their listing on pu.rist, they will need to pu.rist’s prior written permission to do so. Please contact your account manager for more information.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to pu.rist and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on pu.rist Copyright Policy.
Restricted Activities: Your Content and your use of pu.rist:
- Must not be false, inaccurate or misleading
- Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, rist's Copyright Policy)
- Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Must not contain items that have been identified as hazardous to consumers
- Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including pu.rist staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
- Must not modify, adapt or hack pu.rist or modify another website so as to falsely imply that it is associated with pu.rist;
- Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on pu.rist.
By uploading Content to pu.rist you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that pu.rist receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate pu.rist for any loss suffered. pu.rist reserves the right to remove any such Content immediately.
By uploading brand images to pu.rist, you agree that pu.rist has the right to use your images to promote pu.rist and/or your store in any external press as well as across all pu.rist social media channels.
Re-Posting Content: By posting Content on pu.rist, it is possible for an outside website or a third party to re-post that Content. You agree to hold pu.rist harmless for any dispute concerning this use. If you choose to display your own pu.rist-hosted image on another website, the image must provide a link back to its listing page on pu.rist.
Idea Submissions: pu.rist considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and pu.rist shall not be liable for the disclosure or use of such Material. If, at pu.rist 's request, any member sends Material to improve the site (for example to customer support), pu.rist will also consider that Material to be non-confidential and non-proprietary and pu.rist will not be liable for use or disclosure of the Material. Any communication by you to pu.rist is subject to this Agreement.
You hereby grant and agree to grant pu.rist, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING
Users are solely responsible for interactions with others. Users understand that pu.rist does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with other pu.rist members. It’s essentially email, but purely for pu.rist members. Messages are primarily intended for communicating about transactions and orders that are underway.
- You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not pass on email addresses or any other information on to third parties.
- Spamming other sellers in order to ask them to ‘follow’ your own store will not be tolerated.
- Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
- You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
- If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
- You must not use Messages to interfere with a transaction. This means…
- You must not contact another member to buy or sell an item listed on pu.rist outside of the pu.rist site. This may also constitute fee avoidance.
- You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact The Marketplace Team who will review account activity and enable your account if spam-free.
pu.rist does not control the Content provided by users that is made available on pu.rist. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretences.
Additionally, there may also be risks dealing with international trade. By using pu.rist, you agree to accept such risks and that pu.rist(and pu.rist's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on pu.rist. Please use caution, common sense, and practice safe buying and selling when using pu.rist.
Other Resources: pu.rist is not responsible for the availability of outside websites or resources linked to or referenced on the Site. pu.rist does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that pu.rist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and pu.rist, please contact pu.rist.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the Federal Court of Justice (Bundesgerichtshof, BGH). Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release pu.rist (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
pu.rist, for the benefit of users, may try to help users resolve disputes, at their request. pu.rist does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that pu.rist attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.
For transactions completed by PayPal: pu.rist will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.
For transactions completed by Stripe: pu.rist will not make judgements regarding legal issues or claims. pu.rist will only intervene when a seller does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.
PU.RIST'S INTELLECTUAL PROPERTY
pu.rist, and other pu.rist graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of pu.rist plc and its subsidiaries. pu.rist 's copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, pu.rist may, without notice, and without refunding any fees, delay or immediately remove Content, warn pu.rist's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- pu.rist is unable to verify or authenticate any of your personal information or Content
- pu.rist believes that a user is acting inconsistently with the letter or spirit of pu.rist's policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with pu.rist or the actions may cause legal liability or financial loss to pu.rist's users or to pu.rist.
PU.RIST, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE PU.RIST'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PU.RIST, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PU.RIST SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL PU.RIST, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PU.RIST’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
PU.RIST’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PU.RIST'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PU.RIST IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) 100.
YOU AGREE TO INDEMNIFY AND HOLD PU.RIST AND (AS APPLICABLE) PU.RIST’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
pu.rist does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside pu.rist 's control or otherwise.
LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any pu.rist service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and pu.rist are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
CHOICE OF LAW
This Agreement shall in all respects be interpreted and governed by the laws of Germany.
Sections What is pu.rist Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release, pu.rist's Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, pu.rist Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by post to pu.rist; FURSTENWALL 145, 40215 DUSSELDORF, GERMANY or, in your case, to the email address you provide to pu.rist (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, pu.rist may give you notice by post to the address provided to pu.rist. In such case, notice shall be deemed given three days after the date of posting.
Please note that pu.rist will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe .
For issues with intellectual property, please provide the notice as specified in pu.rist’s Copyright Policy.
The services hereunder are offered by pu.rist e.K, commercial registration number: HRA25489 located at Furstenwall 145, 40215 Dusseldorf, Germany