Terms of use marko easysell

1. Scope and Definitions

1. These Terms of Use (“Terms”) govern the marko EasySell service (“marko EasySell”) provided by Marko Switzerland AG, a company incorporated under the laws of Switzerland with its registered office in Zurich (“marko”, “we”, “us”, “our”). These Terms apply specifically to marko EasySell. To the extent the Seller also uses the marko marketplace, the general marko Terms of Service apply to that use. In the event of a conflict between these Terms and the general Terms of Service, these Terms shall prevail with respect to marko EasySell.
2. By sending items in an EasySell bag (“EasySell Bag”, term also used for other packaging) to marko and/or using the service, the seller (“Seller”, “you”, “your”) accepts these Terms in the version applicable at the time of dispatch. These Terms form a binding agreement between the Seller and marko.
3. The Service is available exclusively to natural persons aged 13 or older who are resident in Switzerland or Lichtenstein and capable in your country of residence of entering into a legally binding agreement to use our Service and who act in a private (non-commercial) capacity. marko reserves the right to refuse use of marko EasySell at its sole discretion.
4. Legal qualification: marko acts as a service provider under a mandate relationship (Auftrag) within the meaning of Art. 394 et seq. of the Swiss Code of Obligations (“CO”). marko processes, photographs, lists, stores, and fulfils orders for Items on behalf of the Seller. The Seller remains the selling party vis-à-vis the buyer at all times; marko does not sell Items in its own name. The contractual relationship between marko and the Seller constitutes a mixed contract (Innominatvertrag) combining elements of mandate (Art. 394 CO), storage (Art. 472 CO), and fulfilment services, with the mandate provisions governing as the dominant element. marko is not the Seller’s employee, partner, or legal representative for any other purpose.
5. Key definitions:
   (a) “Items” means the clothing, accessories, and other goods sent by the Seller in an EasySell Bag.
   (b) “Accepted Items” means those Items that meet marko’s acceptance criteria (Section 3) and are listed for sale on the marko platform.
   (c) “Unaccepted Items” means those Items that do not meet marko’s acceptance criteria and are therefore not listed for sale.
   (d) “EasySell Kit” means the kit sent by marko to the Seller, containing an EasySell Bag, a prepaid shipping label, and a marko tag.
   (e) “Listing Window” means the period of sixty (60) calendar days during which an Accepted Item is listed for sale on the marko platform, commencing on the date the Item is first published.
   (f) “Return Request Period” means the period starting at expiry of the Listing Window and ending two (2) calendar days after the last day of the Listing Window, during which the Seller may request a return of unsold and Unaccepted Items.
   (g) “Selling Price” means the final price at which an Item is sold to a buyer on the marko platform, after any applicable discounts or promotions.
   (h) “Buyer Return Window” means the period of forty-eight (48) hours following delivery to the buyer, during which the buyer may return a purchased Item.

2. Easy Sell Kit and Shipping

2.1 Ordering and Receiving the Kit

1. After signing up and providing the required account details, marko will send an EasySell Kit to the Seller’s registered address free of charge.
2. The EasySell Kit includes: (a) an EasySell Bag, (b) a prepaid shipping label, and (c) a marko tag for home pickup identification.

2.2 Packing and Sending Items

1. The Seller fills the EasySell Bag with Items, closes it securely, and affixes the prepaid shipping label. The Seller may send the EasySell Bag to marko by either: (a) home pickup by Swiss or (b) drop-off at a local post office.
2. Risk of loss: The items are only in marko’s posession once Swiss Post has scanned the EasySell Bag shipment as delivered to marko’s warehouse location. Until that point, the risk of loss, theft, or damage remains with the Seller. marko strongly recommends placing the bag in a safe location when using home pickup.
3. The Seller must ensure the bag is properly closed. If the EasySell Bag is not completely full, the Seller should fold the top down to ensure a tight closure. Overfilled or loosely closed bags may be damaged in transit; marko shall not be liable for damage caused by improper packing.

3. Acceptance Criteria and Ineligible Items

1. marko reserves the sole and absolute discretion to determine whether an Item meets its acceptance criteria. Items may be rejected for any reason, including but not limited to quality, brand, condition, seasonality, demand, or resale value. The Seller acknowledges that not all Items will necessarily be accepted.
2. Minimum resale value: Only Items with an estimated resale value of at least CHF 7.00 are eligible for listing.
3. Due to low resale value, marko generally does not accept Items from certain brands: SHEIN, C&A, H&M, Fashion Nova, Forever 21.
4. marko may update the acceptance criteria and ineligible brand list at any time. The version in effect at the time of processing the EasySell Bag shall apply.
5. The Service is limited to women’s and men’s fashion in good condition. The following categories of Items are generally ineligible:

4. Processing, Listing, and Pricing

4.1 Processing

1. Upon receipt of the EasySell Bag at marko’s warehouse, marko will inspect, process, photograph, and prepare Accepted Items for listing. Processing and listing typically takes up to eight (8) business days after receipt of the EasySell Bag, though this may vary depending on volume.

4.2 Listing and Pricing

1. Accepted Items are listed on the marko platform for the duration of the Listing Window (60 calendar days from first publication).
2. Dynamic pricing: Listing prices are determined and managed by marko in its sole discretion, using a dynamic pricing system. marko may gradually reduce listing prices during the Listing Window to maximise the likelihood of sale. The Seller cannot manually adjust listing prices.
3. marko reserves the right to offer promotions, discounts, or bundle deals on listed Items. Any such reduction in the Selling Price will be reflected in the Seller’s payout.
4. marko reserves the right to list Items on third-party platforms in addition to or instead of the marko platform, in order to maximise the chance of sale. Payout terms remain unchanged regardless of where an Item is sold.

4.3 Storage

1. During the Listing Window, all Items (both Accepted and Unaccepted) are stored at marko’s warehouse. marko shall exercise the duty of care of a diligent mandatary (Sorgfalt eines ordentlichen Beauftragten, Art. 398 CO) in the handling and storage of Items but shall not be liable for damages or deterioration resulting from normal handling, storage, or the photographic process.

5. Sale and Buyer Returns

1. When an Accepted Item is sold, marko collects the Selling Price from the buyer on behalf of the Seller. The sale contract is concluded between the Seller and the buyer; marko acts solely as a fulfilment intermediary. Ownership of the Item transfers from the Seller directly to the buyer upon completion of the sale and expiry of the Buyer Return Window without the buyer exercising a return. The Seller bears the statutory warranty obligations (Gewährleistung) towards the buyer; marko handles warranty communications and returns operationally on the Seller’s behalf but assumes no independent warranty liability.
2. Buyer Return Window: Buyers may initiate a return of purchased Items within forty-eight (48) hours of delivery. If a buyer returns an Item within the Listing Window, marko will re-list the Item for the remainder of the Listing Window. The sale is reversed and no payout is owed to the Seller for the reversed transaction.
3. Post-window buyer returns: If a buyer returns an Item after the Listing Window has expired (e.g., the Item was sold near the end of the Listing Window and the Buyer Return Window extends beyond the Listing Window), the Item is treated as unsold. The sale is reversed, no payout is owed, and the Item is subject to the disposal provisions of Section 7.

6. Seller Payout

1. Standard payouts (CHF 5.00 or more): When the Seller’s earnings from a single sold Item amount to CHF 5.00 or more, the payout is processed immediately after the Buyer Return Window has expired without a return. The Seller will typically receive the funds in their bank account within two to three (2–3) business days.
2. Combined payouts (below CHF 5.00): Individual earnings below CHF 5.00 per sold Item are accumulated and paid out in a single combined payment at the end of the Listing Window. The Seller will typically receive this combined payout within seven (7) calendar days after the Listing Window has ended.
3. Payouts are credited exclusively to a Swiss bank account designated by the Seller in their marko account.
4. marko may withhold, offset, or deduct any payout amounts to the extent that amounts are owed by the Seller to marko (e.g., return shipping fees, outstanding balances, or claims under Section 9).
5. The Seller’s payout for each sold Item is calculated as a percentage of the Selling Price according to the following tiered schedule:

7. Return, Donation, and Disposal of Unsold and Unaccepted Items

7.1 Return Request

1. During the Return Request Period (i.e., two (2) calendar days after the Listing Window ends), the Seller may request the return of all remaining unsold Accepted Items and all Unaccepted Items by responding to the notification email sent by marko or by contacting marko through the designated customer service channel.
2. No partial returns: The return request applies to all remaining Items collectively. It is not possible to request the return of individual Items.
3. Return fee: A flat return handling and shipping fee of CHF 15.00 applies per return request. This fee will be invoiced separately to the Seller.
4. If a return has been requested within the Return Request Period and the CHF 15.- fee has been paid, marko will dispatch the returned Items within fourteen (14) calendar days of the return request. Items are shipped via standard mail to the Seller’s address on file. The Seller may update the return address at the time of the return request.

7.2 Donation, Recycling, and Disposal

1. If the Seller does not submit a return request during the Return Request Period, all remaining unsold and Unaccepted Items become the unrestricted property of marko upon expiry of the Return Request Period Window. The Seller hereby irrevocably waives any further claims to such Items and acknowledges that no compensation is owed.
2. marko will endeavour to give unclaimed Items a second life by donating them to charitable organisations or recycling them, provided their condition and material allow for it. Where neither donation nor recycling is feasible, marko may dispose of Items at its sole discretion. marko makes no guarantee as to the specific handling of any individual unclaimed Item.

8. Seller Representations and Warranties

1. By using marko EasySell, the Seller represents and warrants that:
   (i) The Seller is the lawful owner of all Items sent to marko, or is duly authorised to sell them, and no Item is stolen or subject to any lien, encumbrance, or third-party claim.
   (j) All Items are authentic. The Seller bears full responsibility for the authenticity of all Items. marko reserves the right to destroy Items it deems counterfeit in accordance with applicable law, without any obligation to compensate the Seller or return such Items.
   (k) No Item contains hazardous materials, contains security sensors, violates any applicable law or regulation, or infringes upon any third party’s intellectual property rights.
   (l) All Items are clean, free from significant defects, and in a condition reasonably suitable for resale, consistent with marko’s acceptance criteria as published from time to time.
   (m) The Seller is acting in a private capacity and not as a commercial dealer. If the volume or frequency of the Seller’s use of marko EasySell exceeds private-scale selling, the Seller is solely responsible for any resulting tax, social security, commercial registration, or regulatory obligations.
   (n) All information provided by the Seller to marko (including account details, address, and bank account information) is accurate and up to date. The Seller will promptly update any changes.

9. Liability and Indemnification

1. marko shall perform the marko EasySell service with the care of a diligent mandatary (Art. 398 CO). marko’s liability for slight negligence (leichte Fahrlässigkeit) is excluded to the maximum extent permitted by Swiss law. Nothing in these Terms limits marko’s liability for intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit).
2. To the maximum extent permitted by Swiss law, marko’s aggregate liability to the Seller under or in connection with marko EasySell (whether in contract, tort, or otherwise) shall not exceed the total payout amounts actually credited to the Seller in the twelve (12) months preceding the event giving rise to the claim.
3. marko shall not be liable for indirect, consequential, or incidental damages, including but not limited to loss of profit, loss of opportunity, or loss of goodwill.
4. marko shall not be liable for loss of or damage to Items: (a) occurring during transit before Swiss Post has delivered the shipment to marko; (b) caused by improper packing by the Seller; or (c) caused by events beyond marko’s reasonable control (force majeure), including but not limited to natural disasters, fire, flood, pandemics, government orders, strikes, or disruptions to postal or transport services.
5. Indemnification: The Seller shall indemnify marko and hold it harmless against any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from or in connection with: (a) a breach of the Seller’s representations and warranties under Section 8; (b) claims related to counterfeit, stolen, or infringing Items; or (c) any tax, social security, or regulatory liability arising from the Seller’s use of marko EasySell.

10. Marko’s Rights

1. marko reserves the right to purchase Items from the Seller directly (at the price marko would otherwise list) before or during the Listing Window.
2. marko may refuse, suspend, or terminate any Seller’s access to marko EasySell at any time without prior notice where marko suspects fraudulent activity, counterfeit Items, a material violation of these Terms, or any other reason.
3. marko fully cooperates with law enforcement authorities and brand owners investigating counterfeit or stolen goods. The Seller acknowledges and consents to the disclosure of Seller data to such authorities where required by law or reasonably necessary to protect marko’s legitimate interests.

11. Intellectual Property

1. marko retains all rights in and to the photographs, descriptions, and other content it creates in connection with listing Items (“Listing Content”). The Seller grants marko a non-exclusive, irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide licence to use the Listing Content for marketing, advertising, and operational purposes, including after the Items have been sold, returned, or disposed of.
2. The Seller shall not reproduce, distribute, or otherwise use the Listing Content without marko’s prior written consent.

12. Amendments

1. marko may amend these Terms at any time. Any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such amended Terms.
2. Any EasySell Bags already in processing at the time of termination shall continue to be governed by the Terms in effect at the time of dispatch.

13. Term and Termination

1. These Terms apply from the date the Seller first uses marko EasySell and remain in effect as long as the Seller maintains an active marko EasySell account or has Items in marko’s possession.
2. Either party may terminate the contractual relationship at any time with fourteen (14) calendar days’ written notice. Termination does not affect EasySell Bags already in processing; such Items will continue through the Listing Window under the applicable Terms.
3. marko may terminate the Seller’s access immediately and without notice in cases of suspected fraud, counterfeit Items, or material breach of these Terms. In such event, marko reserves the right to withhold any payouts pending investigation and resolution.

14. Miscellaneous

1. Severability (Salvatorische Klausel): If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.
2. marko’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
3. These Terms, together with the Terms and Conditions, Privacy Policy and any specific terms communicated by marko (including the acceptance criteria published on the marko website), constitute the entire agreement between the Seller and marko with respect to marko EasySell and supersede any prior agreements or understandings.
4. The Seller may not assign or transfer any rights or obligations under these Terms without marko’s prior written consent. marko may assign its rights and obligations to any affiliate or successor entity without the Seller’s consent.
5. Communications under these Terms shall be in writing (email is sufficient). Notices to marko shall be sent to [email protected]. Notices to the Seller shall be sent to the email address or postal address on file in the Seller’s marko account.

15. Governing Law and Jurisdiction

1. These Terms are governed by and construed in accordance with the substantive laws of Switzerland, excluding the Swiss conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the City of Zurich, Switzerland, subject to any mandatory statutory provisions establishing a different place of jurisdiction (e.g., Art. 32 CPC for consumer disputes at the consumer’s domicile).