Pre O’Porter Designers Agreement


Pre-o-Porter web store, including its subpages are run by Pre Production OÜ. Pre Production OÜ is a limited liability company, incorporated under the laws of Estonia, registry code 14041340, address Tatari 64, 4th floor, Tallinn, 10134, Estonia (“Pre-o-Porter”, “us”, “we”).

To sell your apparel (“products”, “apparel”) through Pre-o-Porter web store please contact us at info@pre-o-porter.com.

OFFERING THE PRODUCTS THROUGH PRE-O-PORTER

Upon conducting a review and, if necessary, further negotiations, Pre-o-Porter may grant you access to sell your apparel through the Pre-o-Porter web store.  Please acknowledge that Pre-o-Porter has full discretion in deciding whether to grant you access to our services.

Once Pre-o-Porter has granted you access to our web-store you may start to make your apparel available for purchase to the customers of the web store. By selling your products through the Pre-o-Porter web store you acknowledge that you are an authorised and professional manufacturer of your offered products and you shall not use the web store for any illegal activity or in violation with this agreement.

In case of continuous complaints from the customers, visible lack of quality of the products or other infringement of this agreement we may at any time cease to provide you access to the Pre-o-Porter web store and our services.

We may remove any of your products from our web store if (i) the product information or pictures are incorrect, vague, misleading or otherwise do not correspond to the high quality of Pre-o-Porter web store; (ii) we suspect that the pictures accompanying your product breach third party copyrights; (iii) your product copies the design of a third party product or might be otherwise in breach with third party copyrights, design rights, trademarks or other intellectual property rights; (iv) we suspect that your product has already been produced before it has been ordered; (v) the product is otherwise in conflict with this agreement.

NB! You may offer a product on the Pre-o-Porter web store only if you are actually able to provide the product described in the time frame indicated. You may not sell products which are pornographic, libellous, and offensive or would violate any applicable laws.

If, for any reason, you cannot deliver the product(s) or the delivery will exceed the estimated timeframe, you must contact us at the earliest opportunity.

You are obliged to manufacture and deliver the product to the customer in the timeframe as specified in the customer order.

It is your obligation to organise the delivery to the customers. The delivery costs and estimated timeframe of delivery must be indicated by the product.

You acknowledge that you are responsible for possessing all necessary design rights, copyrights and other intellectual property rights and licenses for the apparel, pictures of the apparel and any other content you post on the Pre-o-Porter web store.

You may not use Pre-o-Porter web store for offering products, which have already been produced before they have been ordered.

The products delivered to the customers must be of high-quality and correspond to the materials, color, size and other characteristics described in the product info as well as the specifications indicated by the customer.

The products made available for purchase must contain product information, images of the products, delivery information and prices as well as a short description of the brand / manufacturer. The description in the product info on the website must be accurate; the pictures accompanying the product must depict the actual product, be of high-quality and not create a deceptive sense of the apparel.

THE FEE

After an order for your product has been submitted by customer, Pre-o-Porter shall collect the fee for the product (the Fee) and the delivery price as described in the product info.

Pre-o-Porter shall collect and pay the applicable value-added tax as well as deduct the Pre-o-Porter commission fee, which shall be 20 % of the Fee after VAT (e.g. if the product fee is 200€ and VAT is 20 %, you shall receive a total sum of 133.3€). You are responsible for paying any other taxes that apply to you.

The Fee, of which the Pre-o-Porter commission fee and VAT have been deducted, will be transferred to the bank account provided in your Pre-o-Porter profile. 50 % of your Fee shall be transferred to you once you have confirmed that the product is being manufactured. Rest of the Fee and the delivery price shall be transferred to you after you have indicated in your Pre-o-Porter profile that the product is being delivered to the customer and have provided us with the pertinent delivery tracking codes.

III. DEFECTIVE PRODUCTS

Customer may submit a claim to Pre-o-Porter, if a product you have sold through Pre-o-Porter web store has a shortage or defect that existed already at the moment of delivery of the product, or the product does not conform to the color, size or other specifications as described in the product/order info. In such case Pre-o-Porter will help to mediate the communication between you and the customer.

You are responsible to the customer if the customer has submitted an appropriate claim within 15 days of discovering the shortage and the shortage has not appeared due to wrong usage of the product or the product having physically worn off due to normal usage.

You hereby acknowledge that if the customer has submitted a legitimate claim regarding any shortages to your products:

you are obliged to repair or replace such product free of charge in the time frame indicated by Pre-o-Porter;

If the product cannot be repaired or replaced or if you refuse to repair or replace the product you are obliged to return the full Fee and the delivery price to the customer.

You act as an independent designer and manufacturer. Nothing in this agreement shall in any way be construed to classify you as an employee or representative of Pre-o-Porter. Pre-o-Porter acts as an agent between you and the customer.

Please note that you are liable to the customer for non-delivery of the product. If the customer does not receive the product you are obliged to replace the product or return the Fee plus delivery costs to the customer. Pre-o-Porter has the right to withhold any Fee you are due from us, until the product has been replaced or the customer has been reimbursed.

You are solely and exclusively liable for the timely delivery and the quality of your products offered through the Pre-o-Porter web store.

V. YOUR LIABILITY

Please note that the customer may withdraw from the order until the campaign has ended and you have started manufacturing the apparel.

In such case, if the sufficient number of orders is not reached your obligation to manufacture the products will terminate and customers’ money will be returned.

You may choose to sell apparel in campaigns, whereby you have the obligation to manufacture and deliver the apparel only if a sufficient number of products have been ordered in the stated time frame.

CAMPAIGNS

If, after the customer has submitted a legitimate claim, you do not repair or replace the defective products nor return the Fee to the customer, Pre-o-Porter has the right to withhold any Fee you are due from us, until the defect has been removed or the customer has been reimbursed.

You will remain liable for shortages of your products for two years from delivering the product to customer.

INDEMNIFICATION

You agree to indemnify and hold harmless Pre-o-Porter and our affiliates and directors, officers and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with (i) any claim arising due to your untimely delivery or shortages of your products offered through the Pre-o-Porter web store, (ii) your negligent, reckless or intentionally wrongful acts, (iii) your failure to perform any other of your contractual or lawful duties arising from this agreement or the agreement between you and the customers.

VII. LIMITATION OF PRE-O-PORTER’S LIABILITY

Pre-o-Porter provides the web store platform for offering apparel on an “as is” basis and without warranties of any kind.

Although Pre-o-Porter will strive to provide you as quality service as possible, we do not warrant that our website or services will be error-free and uninterrupted.

To the maximum extent permitted by applicable law Pre-o-Porter or our directors, employees, partners and agents, are not liable for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of Pre-o-Porter website and the web store as a platform for offering your products.

VIII. CHANGES

Pre-o-Porter reserves the right, at our sole discretion, to modify or replace any of these terms at any time by providing you at least 14-days notice prior to any new terms taking effect. By continuing to use the Pre-o-Porter web store after such revisions become effective, you agree to be bound by the revised terms.

SEVERABILITY

If any of the provisions of this agreement proves to be void or voidable, or is or becomes invalid in full or in part for any other reason, the remaining provisions of this agreement will continue to apply in full. Pre-o-Porter will replace the invalid stipulation by a stipulation that is valid and whose legal consequences, in view of the substance and purpose of this agreement, correspond as much as possible to those of the invalid stipulation.

GOVERNING LAW AND DISPUTE RESOLUTION

This agreement and the relationship between you and Pre-o-Porter shall be governed and construed in accordance with the laws of Republic of Estonia, without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related to using Pre-o-Porter web store shall be brought exclusively to courts located in Tallinn, Estonia and you consent to the exclusive jurisdiction of such courts.

CONTACT

In case of any questions, please contact us at info@pre-o-porter.com.