Sales Terms
Valid from 1 November 2024
SALES SERVICE
Emmy Clothing Company Oy (Business ID 2693438-9) (hereinafter “Emmy”) sells used products to adult private individuals. Used products are sold on a commission basis, where the owner of the product (“Seller”) is another private individual, but the buyer (“Buyer”) makes the purchase with Emmy.
By delivering products for sale to Emmy, the Seller accepts these Sales Terms. Emmy sorts, photographs, prices, and stores the products for the duration of the sale. Emmy takes care of delivering purchased products to the Buyer, handling possible returns, collecting payments, customer service, and transferring sales proceeds to the Seller.
For the sale of used goods, we apply the margin taxation procedure as defined in the Value Added Tax Act (AVL 79 a §). As a result, the VAT on used products is 0%. However, for other possible products, products from business sellers, and shipping costs, the VAT is 25.5%.
We reserve the right to make changes to these terms, including pricing, sales periods, and sales revenue shares.
DELIVERY OF PRODUCTS
Emmy accepts for sale used branded clothing, shoes, accessories, sunglasses, and bags for women, men, and children, as well as outdoor products from Finland and Estonia. The products must be in saleable condition (intact, clean, odorless, up-to-date, brand label in place). Check brand suitability here
Products for sale can be delivered to Emmy in several different ways:
- By ordering the Emmy home pickup service
- To Emmy's sales boxes located in public places and to partner sales points
- As a postal package to a Posti parcel locker or service point
- As a Matkahuolto parcel via a parcel locker or service point
- By bringing them yourself to Emmy's location (Hemmolankatu 19, 08150 Lohja)
Products must be packed in durable packaging and sealed so that they cannot open. When sending by post, the maximum package size is 100 x 60 x 60 cm and 35 kg. For Matkahuolto, the maximum package dimensions are 70 x 50 x 47 cm. For Emmy home pickup, the maximum dimensions for one box are 80 x 60 x 50 cm and the maximum weight is 20 kg. With all the above methods, one package is one sales batch. The Seller can deliver several sales batches at the same time.
When delivering to Emmy sales boxes, products can also be packed in reusable bags or durable plastic bags. A package of about 60 x 30 cm fits through the opening of the sales box. When leaving products in sales boxes, one sales batch can include several packages.
Before delivery, the Seller must fill out Emmy's electronic sales dispatch form. The EMMY identifier received from the sales dispatch must be clearly written on each package to be delivered. The choices made on the sales dispatch apply to all packages in that batch, except for the payout method. The chosen payout method for sales proceeds will apply to all sales batches the Seller has for sale. The Seller can therefore have only one payout method in effect at a time, which will apply to all sales batches currently for sale.
The Seller is responsible for ensuring that the information provided by the Seller is correct and does not infringe the rights of any third party. The Seller is always responsible for ensuring that they have the right to sell and send the products they supply to Emmy for sale.
Emmy is not responsible for sales batches that lack an EMMY identifier or are not packed appropriately.
Leaving products in Emmy's sales box is at the Seller's own risk. Emmy is responsible for handling and storing the products from the moment they are received at Emmy's location. Emmy's sales boxes are lockable and are always placed, whenever possible, in indoor areas monitored by cameras or otherwise supervised, with several people nearby during opening hours. The boxes also have a structure that prevents pilfering.
Emmy's liability for damages is in all cases limited to direct damages and a maximum of 50% of the fair market sales value of an individual product.
SALES PERIOD
Emmy commits to selling products for 6 months. By accepting the Seller Terms, the Seller agrees to give their products to Emmy for sale for a period of 6 months.
SALES CHANNELS
Products are primarily sold in online stores managed by Emmy. Within the Sales Period, Emmy has the right to list products for sale in other channels as well, such as online auctions, forums, electronic marketplaces, or the online stores of Emmy's partners. Emmy may also sell products directly from the warehouse, at events, and at its own or partners' sales points.
PRODUCT ASSESSMENT AND LISTING FOR SALE
Emmy assesses the condition and saleability of each product and decides whether to put it up for sale. The assessment of a product's saleability follows the current clothing and packaging guidelines as well as Emmy's own discretion regarding the saleability of products, i.e., the conditions under which products can be sold. As a rule, the product must be among the brands sold by Emmy, intact, clean, odorless, and up-to-date in order to be accepted for sale. Emmy does not accept furs, underwear, jewelry, watches, or toys for sale at all. Even a small hole, a ripped seam, or a similar defect will generally lead to the product being rejected. Stains, wear, and being out-of-date are also the most common reasons for rejection.
For each product delivered for sale, Emmy may decide not to put it up for sale. Unless the Seller has selected in the Sales Dispatch to have unsellable products returned to themselves, these products will be transferred to Emmy's ownership free of charge. Emmy will forward the products for further processing. Products that are usable but not part of Emmy's selection will be delivered to Emmy's domestic partner for further sale or charity. Unsellable products will be forwarded for further processing as textile waste. In this case, the Seller can no longer get the products back. If the Seller has requested unsellable products to be returned, the products will be sent back to the Seller immediately after processing and evaluation. The return is subject to a fee, see section “Returning products back to the seller”.
Emmy notifies the Seller with each sales batch when their products have been sold. We recommend that the Seller check the details of the products put up for sale on their seller page at that time and promptly report any errors or deficiencies they notice to Emmy customer service (info@emmy.fi).
PRICING
Emmy sets the selling price for products to be sold, which Emmy estimates to best correspond to the market price at which the product will sell at any given time. The selling price decreases gradually through automatic discounts. In addition, Emmy may at any time change the selling prices of products and set promotional campaigns that affect the final sale price.
UNSOLD PRODUCTS
Products that do not sell within the sales period will become the property of Emmy after the sales period ends, unless the seller redeems the products they want back through their seller page within the specified time. Redemption is subject to a fee, see section "Returning products back to the seller". If the seller does not redeem the products, they will be delivered to Emmy’s domestic partner for further sale. Emmy receives compensation for the products from its partner. The seller will be credited €1 for each unsold product delivered for further sale.
RETURNING PRODUCTS BACK TO THE SELLER
Products unsuitable for sale:
On the Sales Dispatch Note, the seller has the option to choose whether they want products unsuitable for sale to be returned to them.
If products unsuitable for sale are returned to the seller, this will happen immediately after processing and evaluation. A Return Fee of €15.90 will be charged for the return.
The return fee is not invoiced separately from the seller; it is deducted from the seller’s sales proceeds. The return fee is always deducted from the first payable sales proceeds, and the choice cannot be changed afterwards.
The sales account balance may be negative due to costs. A negative balance is not collected from the seller, but when sending the next Sales Batch, the calculation of Sales Proceeds will take the negative starting balance into account.
Unsold products:
After the sales period (6 months), the seller will be notified by email if they have any unsold products. The seller can then redeem the unsold products they want from their Seller page for a Service Fee of €12.90. In addition, a shipping fee will be charged for the shipment according to Emmy’s current price list and the chosen delivery method, if the products are sent to the seller. Products can also be picked up from Emmy’s service point, in which case no shipping fee will be added. Redemption must be done within 2 weeks of receiving the message. After this, the products will become the property of Emmy without compensation.
SELLER’S PROCEEDS
Emmy pays the seller a share of the sales proceeds (“Sales Proceeds”) from the final sale price of each sold product, and retains the remainder as commission. The sales proceeds are calculated separately for each sold product. Sales proceeds are paid according to the currently valid sales proceeds table. Any campaigns and discounts set by Emmy affect the final sale price and thus also the amount of Sales Proceeds.
The seller can choose whether the Sales Proceeds are paid in cash or as gift cards from Emmy or Emmy’s partner companies. If desired, the seller can also donate their sales proceeds to Emmy’s charity targets, or leave them unclaimed, in which case Emmy will use these proceeds for the development of its services.
Emmy will only pay out possible sales proceeds to the Seller once payment has been received in full from the Buyer. Sales proceeds are paid and gift cards are issued once a month, at the end of the month following the sale. This ensures the Buyer has sufficient time to receive the products and the statutory 14-day right of return.
If the Sales Proceeds accumulated in a one-month period are less than €10, they will be held and included in the next month's Sales Proceeds. All unpaid Sales Proceeds will be paid out no later than after the end of the Sales Period, on the last day of the following month. The minimum amount for final settlements is €1. Amounts smaller than this will not be paid to the account or issued as a gift card.
HANDLING AND TRANSPORT COSTS
Emmy deducts €6.90 in handling and transport costs from the Seller's first Sales Proceeds for each sales box or batch left at a partner's store, and €6.90 per package sent via Posti, Matkahuolto, or Emmy home pickup (hereinafter "Transport Cost"). If the Seller delivers the clothes directly to Emmy's office, no Transport Cost is deducted. Both the Transport Cost and the Return Cost are deducted from the Sales Proceeds before they are paid to the Seller's account or transferred to a gift card.
For all products added for sale, we charge a publication fee of €1 per published adult product and €0.50 per published children's product. The handling and publication fee is deducted from the sales proceeds. If the sales proceeds are less than the fees to be charged, the sales proceeds will be €0. The Seller never has to pay a negative balance to Emmy under any circumstances.
Emmy also has the right to charge the Seller reasonable additional costs arising from the Seller's actions if the Seller does not follow the given instructions when submitting goods for sale (e.g., a large number of products unsuitable for sale).
LIMITATIONS OF LIABILITY AND FORCE MAJEURE
Emmy is not liable for delays or damages caused by an obstacle beyond its control, which it could not reasonably have foreseen or whose consequences it cannot avoid. Force majeure includes, among other things, industrial action, staff illness, fires, natural disasters, import and export bans, and disruptions in transportation.
The operation of the online store may be interrupted for reasons beyond Emmy's control. Emmy cannot guarantee continuous, uninterrupted, or secure access to and use of the online store. The online store is provided "as is", "as available", and with all faults.
OTHER
In the event of a payment default, Emmy or its partner will initiate a collection process and cover any costs that may arise from the collection. In the event of a credit loss, the Sales Proceeds for the product in question will not be paid out at all.
Any disputes and disagreements may be submitted by the Seller to the Consumer Disputes Board for resolution. If the dispute or disagreement ends up in court, it will be handled in the District Court of Helsinki.