The Michael Kors Pre-Loved Resale Program (hereinafter referred to as the “Program”) offers an online platform, currently accessible at Pre-Loved Site (referred to as the “Pre-Loved Site” or the “Site”), where individuals can buy and sell pre-owned Michael Kors products. This marketplace primarily facilitates transactions between individual buyers and sellers. The Program, the Pre-Loved Site, and all associated services are collectively termed the “Services”.
These Services are operated by Michael Kors (USA), Inc. (“Michael Kors”, “we”, “us”, or “our”), with the assistance of third-party service providers, notably our “Resale Service Provider,” currently Recurate, Inc., who act on our behalf.
It is crucial to thoroughly read these Michael Kors Pre-Loved Resale Program Terms (“Program Terms”), along with our Website Terms and Conditions (“Site Terms and Conditions”) and our Privacy Policy (“Privacy Policy”). These documents are integral to and incorporated into these Program Terms by reference. The Program Terms are designed to complement both the Site Terms and Conditions and the Privacy Policy, providing specific terms and conditions applicable to the Services. Collectively, the Program Terms, relevant sections of the Site Terms and Conditions, and the Privacy Policy constitute the “Terms,” which govern your access to and use of the Services.
IMPORTANT NOTICE: SECTION 10 OF THESE PROGRAM TERMS INCLUDES AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THIS PROVISION IMPACTS HOW DISPUTES BETWEEN YOU AND MICHAEL KORS ARE RESOLVED. For any queries or concerns regarding these terms, Michael Kors Customer Service is available to provide assistance.
1. Agreement to Terms. By utilizing our Services, whether as a Seller, Buyer, or visitor (“you,” “Seller,” or “Buyer,” as applicable), you are agreeing to comply with these Program Terms. You also acknowledge that your access and use of the Pre-Loved Site are subject to these Program Terms and the pertinent sections of the Site Terms and Conditions. In case of any inconsistency between these Program Terms and the Site Terms and Conditions, these Program Terms will take precedence concerning the Pre-Loved Site. If you disagree with any part of these Terms, please refrain from using the Services. Should you require clarification on any aspect, please contact Michael Kors customer service for support.
2. Privacy Policy and Pre-Loved Site Account. To engage with the Services, you must be at least 18 years of age, or the age of majority in your jurisdiction. Individuals below this age are not permitted to access or use the Services. We gather information from and about you concerning your Pre-Loved Site account, your involvement in the Program, and your use of the Services. Our practices regarding the collection, use, and disclosure of your information, along with your related rights, are detailed in our Privacy Policy, which is incorporated into and is a part of these Program Terms. You commit to providing accurate, current, and complete information and accept full responsibility for all activities under your Pre-Loved Site Account. We are not obligated to verify the identity or authority of any user of your Pre-Loved Site Account. We reserve the right, at our sole discretion and without prior notice, to suspend or terminate your Pre-Loved Site Account or restrict your access to the Services, in whole or in part, for any reason. For account-related support or queries, Michael Kors customer service is available to assist you.
3. Modifications to these Terms or the Services. Michael Kors may periodically update these Program Terms at our sole discretion. We will notify you of any updates by posting the revised Program Terms on the Pre-Loved Site and/or through other forms of communication. It is important to review the Program Terms each time we update them or when you use the Services. Continuing to use the Services after we post updated Program Terms signifies your acceptance and agreement to these changes. If you do not agree with the Program Terms at any point, you should discontinue using the Services. We reserve the right to terminate, modify, suspend, restrict, or discontinue any part of the Services (or your Pre-Loved Site Account) at any time if we believe you are in violation of these Program Terms, the Site Terms and Conditions, or any applicable law, or for any other reason at our discretion. For questions regarding changes to terms or services, please contact Michael Kors customer service.
4. Program Operation.
(a) Buyers. Anyone is eligible to make purchases on the Pre-Loved Site. To buy from our Pre-Loved Resale Program, select an item from the resale collection on the Site, add it to your shopping cart, and proceed to checkout, similar to purchasing a new item. Note that items in your MichaelKors.com cart must be bought separately. Currently, we only ship to addresses within the 50 United States for purchases from the Pre-Loved Site. Buyers are charged for items upon order placement on the Site. After purchase, the individual seller receives a pre-addressed shipping label to send the item to the buyer’s shipping address provided in the order. We will provide you with the tracking number for your order. Upon receiving the item, you will get an email to confirm if the item’s condition matches the listing description. For any issues during purchase, Michael Kors customer service is ready to help.
(i) Dispute Resolution. If you indicate “No” regarding the item’s condition, you will be directed to an online dispute form to provide details about the discrepancy. Our customer support team may contact you for further information to help resolve the issue. Michael Kors customer service is dedicated to ensuring buyer satisfaction.
(ii) Waiver of Dispute Right. Failure to confirm the item’s condition within 72 hours of delivery means you forfeit your right to dispute the item’s condition, and the condition will be considered accepted as is. For support with disputes, please contact Michael Kors customer service promptly.
(b) Sellers. To sell an item, Sellers must create an account on the Pre-Loved Site. Currently, only members of Michael Kors’ KORSVIP Program can create accounts and list items. Employees of Michael Kors and its affiliated entities are not allowed to create Pre-Loved Site Accounts or list items for sale. Michael Kors may occasionally list items for sale on the Site, which will be clearly marked. Non-KORSVIP members will be directed to create a KORSVIP Account at www.michaelkors.com before setting up a Pre-Loved Site account. The email used for the Pre-Loved Account must be the same as the KORSVIP Account email. Once a Pre-Loved Site Account is set up, Sellers can choose items from their eligible past KORSVIP order history to list. We may limit the KORSVIP order histories available to Sellers. For assistance with account setup, Michael Kors customer service is available.
(i) Item Listing Process. To list an item for resale, Sellers need to input item details into the online form on our Pre-Loved Site. By providing item details, including text, photos, and other content (“Item Details”), you warrant that these details are accurate and grant us and our Resale Service Provider (acting on our behalf), along with our respective parent companies, subsidiaries, affiliates, agents, partners, licensees, successors, and assigns, a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free license. This license includes the right to sublicense through multiple tiers, to use, copy, modify, create derivative works, distribute, and publicly display and perform such Item Details in connection with: (a) displaying the Item Details on our Site as part of the item listing; (b) including Item Details in communications with Seller and Buyer; (c) using Item Details for insights and analytics; (d) using Item Details in marketing and promotion of our Services or any lawful purpose, including in marketing emails, newsletters, and other media; and/or (e) any use permitted under our Site Terms and Conditions not violating our Privacy Policy. For guidance on listing items, Michael Kors customer service can provide support.
(1) Unless specifically requested, we do not solicit or wish to receive any confidential, secret, or proprietary information from you. Any information, proposals, creative works, photos, documents, ideas, suggestions, comments, reviews, ratings, feedback, or other materials submitted through the Services, including Item Details or via “Contact Us” sections or forums (“Submitted Materials”), will be considered non-confidential and may be used by us in any manner consistent with these Program Terms. By submitting Submitted Materials, you warrant that (A) they are original to you and no other party has rights to them, or (B) you have all necessary permissions to use and submit them for our use, according to these Program Terms and any purposes described with the Services, and that any “moral rights” are waived. We are not responsible for maintaining, and may delete or destroy, any Submitted Materials. You warrant that your Submitted Materials comply with these Program Terms and agree to provide supporting documentation upon request. For queries about submitted materials, Michael Kors customer service can offer assistance.
(2) When providing Submitted Materials, you agree to adhere to the guidelines and restrictions in the Site Terms and Conditions. We are not obligated to screen, edit, or monitor Submitted Materials and assume no liability for them. However, we may remove Submitted Materials, in whole or in part, with or without notice, at any time and for any reason. For concerns about content guidelines, Michael Kors customer service can provide clarification.
(ii) Listing Approval and Pricing. After submitting Item Details, Sellers will receive a confirmation email. Following review by Michael Kors or our Resale Service Provider, approved listings will appear in the resale collection on the Pre-Loved Site. Rejected listings will be accompanied by reasons for rejection, and we may offer an opportunity to resubmit. Michael Kors or its Resale Service Provider may suggest a list price for reference, but Sellers set their own prices. We reserve the right to suspend, reject, or cancel any listing for any reason, including if the price is deemed unreasonable. For pricing or listing inquiries, Michael Kors customer service is available for support.
(iii) Shipping Items. Upon sale, Sellers receive a prepaid shipping label via email to send the item to the Buyer. Sellers are required to ship the item using this label and are encouraged to ship within 3 days of order acceptance. The Program sends automated shipping reminders. For shipping label issues or questions, Michael Kors customer service can assist.
(iv) Delivery and Buyer Confirmation. Once delivered, Buyers have 72 hours to confirm the item’s condition. Inaction within 72 hours implies acceptance. If a Buyer reports that the item’s condition is not as described, we may gather more details and contact the Seller. If our customer support team determines the item is not as described, we may withhold payment to the Seller. For delivery confirmation support, please contact Michael Kors customer service.
(v) Seller Payout. After the Buyer confirms the item’s condition (or after 72 hours post-delivery), we will issue an electronic Michael Kors gift card for 80% of the sale price, redeemable at MichaelKors.com or participating Michael Kors stores, subject to the gift card terms. Gift cards are emailed within approximately 24 hours to the KORSVIP account email. Michael Kors gift cards cannot be used on the Pre-Loved Site currently. For payout inquiries, Michael Kors customer service can provide assistance.
5. Shipping Policy.
(a) Shipping Responsibility. Michael Kors Pre-Loved resale items are shipped by individual Sellers, who are KORSVIP members selling on their own behalf via the Pre-Loved Site. Michael Kors and the Resale Service Provider are not Sellers of items on the Site, unless explicitly stated. All shipments using Site-provided labels should use USPS Priority Mail. For shipping policy questions, Michael Kors customer service is available.
(b) Shipping Timeframes.
(i) Purchases are shipped directly by the Seller, encouraged to ship within 3 days of order acceptance. While Sellers aim for quick dispatch, please allow extra time for unforeseen delays. For shipping timeframe concerns, Michael Kors customer service can offer assistance.
(ii) Tracking information should be emailed to you once USPS receives the item. Delivery typically occurs within 4-5 days post-shipment, but we do not guarantee delivery times due to potential shipping delays. For tracking issues, please contact Michael Kors customer service.
(iii) If tracking shows delivery but you haven’t received the package, contact [email protected] for help. We are not liable for lost/missing packages marked as delivered to the order address. For undelivered package inquiries, Michael Kors customer service is your point of contact.
(c) Order Cancellation. All Pre-Loved Site orders are FINAL and cannot be canceled. For clarification on order cancellations, Michael Kors customer service can provide information.
(d) Post-Delivery Actions. Upon delivery, you’ll receive an email to confirm and rate the item. Confirm delivery and item condition within 72 hours. If satisfied, rate your Seller. If not, report issues within 72 hours via the delivery confirmation email link. Michael Kors customer service is ready to assist you.
(e) Order Issues. All Pre-Loved Site orders are managed by our Resale Service Provider. For assistance, contact [email protected]. Michael Kors customer service is dedicated to resolving your concerns.
6. Returns and Refunds.
(i) Unless stated otherwise in the item listing, all Pre-Loved Site orders are FINAL SALE, except if the item is not in the condition described in the Seller’s listing. As mentioned, Buyers will receive an email to confirm item condition upon delivery. If “No” is selected, leading to the dispute form, a dispute can be initiated within 72 hours of delivery. If we confirm the item was misrepresented, a refund will be offered, and return instructions provided. For return and refund process queries, Michael Kors customer service can guide you.
(ii) Refunds will typically appear in the Buyer’s payment account within 7 business days. For refund status inquiries, please contact Michael Kors customer service.
(iii) Our Resale Service Provider covers all return shipping costs if a return is necessary. For questions about return shipping, Michael Kors customer service can assist.
(iv) For assistance, reach out to [email protected], including your order number and purchase date. Michael Kors customer service is your resource for return and refund support.
7. Disclaimer of Warranties; Liability Limitation. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MICHAEL KORS NOR ITS SERVICE PROVIDERS, INCLUDING THE RESALE SERVICE PROVIDER, INVOLVED IN PROVIDING THE SERVICES, AND ALL ASSOCIATED CONTENT, FUNCTIONS, DOWNLOADS, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTY REGARDING INFORMATION, AUTHENTICITY, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MICHAEL KORS AND OUR RESALE SERVICE PROVIDER BOTH DISCLAIM ALL SUCH WARRANTIES, WHETHER EXPRESS OR IMPLIED. For warranty-related questions, Michael Kors customer service can offer clarifications.
NEITHER MICHAEL KORS NOR OUR RESALE SERVICE PROVIDER GUARANTEE THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED PROMPTLY OR AT ALL. WE DO NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS IN WHOLE OR IN PART. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MICHAEL KORS, OUR RESALE SERVICE PROVIDER, OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED HEREIN (OR IN INCORPORATED POLICIES). NEITHER MICHAEL KORS NOR OUR RESALE SERVICE PROVIDER ASSUME RESPONSIBILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THE SERVICES, OR FROM DOWNLOADING OR UPLOADING ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO IN CONNECTION WITH THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO STOP USING THE PROGRAM. For technical issues or service disruptions, Michael Kors customer service can provide support.
NEITHER MICHAEL KORS NOR OUR RESALE SERVICE PROVIDER ENDORSE, SUPPORT, OR AGREE WITH ANY OPINIONS, RECOMMENDATIONS, CONTENT, LINKS, DATA, LISTINGS, OR ADVICE EXPRESSED OR IMPLIED WITHIN THE SERVICES. BOTH MICHAEL KORS AND OUR RESALE SERVICE PROVIDER EXPRESSLY DISCLAIM ALL LIABILITY RELATED TO ITEMS, PRODUCTS, CONTENT, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE SERVICES CREATED OR PROVIDED BY USERS OR THIRD PARTIES, INCLUDING ITEMS OFFERED FOR SALE BY SELLERS (EXCEPT ITEMS WHERE MICHAEL KORS IS THE IDENTIFIED SELLER), ITEM DETAILS PROVIDED BY USERS, OR USER CONDUCT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR LIABILITIES, SO SOME LIMITATIONS MAY NOT APPLY TO ALL USERS. For concerns about user-generated content or listings, Michael Kors customer service can address your inquiries.
YOU ACKNOWLEDGE THAT PURCHASING ITEMS VIA THE PRE-LOVED SITE MEANS YOU ARE BUYING USED ITEMS FROM INDIVIDUAL SELLERS, NOT FROM MICHAEL KORS OR OUR RESALE SERVICE PROVIDER, UNLESS EXPRESSLY NOTED. MICHAEL KORS AND OUR RESALE SERVICE PROVIDER DISCLAIM ALL WARRANTIES REGARDING ITEMS SOLD BY USERS THROUGH THE RESALE COLLECTION, INCLUDING MERCHANTABILITY, AUTHENTICITY, CONDITION, FITNESS FOR A SPECIFIC PURPOSE, OR ABSENCE OF DEFECTS. IF YOU BELIEVE A PURCHASED ITEM’S CONDITION DOES NOT MATCH THE SITE LISTING, YOU MAY DISPUTE THE CONDITION AS DESCRIBED EARLIER. For authenticity concerns or item condition discrepancies, Michael Kors customer service is available to assist.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MICHAEL KORS NOR ITS RESALE SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUES, SAVINGS, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR SUBSTITUTE SERVICE COSTS ARISING FROM OR RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES. THIS APPLIES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MICHAEL KORS OR ITS RESALE SERVICE PROVIDERS WERE ADVISED OF POTENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF MICHAEL KORS OR THE RESALE SERVICE PROVIDER ARISING FROM OR RELATED TO THESE TERMS OR SERVICE USE EXCEED THE LESSER OF AMOUNTS PAID OR PAYABLE BY YOU FOR SERVICES OR $100 USD, ESPECIALLY IF NO PAYMENT OBLIGATIONS EXIST. ALL USERS AGREE THAT THESE LIMITATIONS REFLECT A FAIR RISK ALLOCATION AND ARE ESSENTIAL TO THESE TERMS. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIABILITY LIMITATIONS, SO SOME MAY NOT APPLY TO ALL USERS. For liability questions or concerns, Michael Kors customer service can provide further information.
8. Indemnification. You agree to indemnify and hold Michael Kors and its Resale Service Provider, along with their officers, directors, employees, and agents, harmless from any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal and accounting fees, arising from your access to or use of the Services or any violation of these Terms. For indemnification inquiries, Michael Kors customer service can offer support.
9. General Provisions.
(a) Proprietary Rights. The Services are operated by Michael Kors and its providers, including its Resale Service Provider. Michael Kors exclusively owns all Services design, text, graphics, logos, icons, images, audio clips, content, materials, and their arrangement, as well as all related intellectual property rights. The compilation of all Services content is the exclusive property of Michael Kors and its providers and is protected by U.S. and international copyright laws. All software used in connection with the Services is owned by Michael Kors or its providers and is protected by copyright laws. Permission is granted to electronically copy and print parts of the Services materials for personal use in accessing the Program. Any other use, including reproduction, modification, distribution, or republication, without prior written permission from Michael Kors and the Resale Service Provider is prohibited. You agree not to remove or alter any proprietary rights notices in the Services. For copyright or intellectual property concerns, Michael Kors customer service can provide guidance.
(b) Trademarks. Trademarks, logos, service marks, and trade names displayed in connection with the Services (including KORSVIP, MICHAEL KORS, etc.) are registered and unregistered trademarks of Michael Kors and others (“Trademarks”). They may not be used without express authorization. Nothing in the Services grants any license or right to use any Trademark without written permission from us or the relevant third-party rights holder. For trademark usage inquiries, Michael Kors customer service can assist.
(c) Entire Agreement. The Terms constitute the complete agreement between Michael Kors and you regarding the Services. If any provision is unenforceable, it will be enforced to the extent permissible, and the remaining provisions will remain in effect. You may not assign these Terms without Michael Kors’ written consent, except where legally permitted. Michael Kors and the Resale Service Provider may freely assign these Terms. The Terms are binding on and benefit the parties, their successors, and permitted assigns. For contract-related questions, Michael Kors customer service can provide clarifications.
(d) Governing Law/Jurisdiction. Where arbitration is not mandatory, these Program Terms are governed by New York law, excluding its conflict of law rules. You consent to the exclusive jurisdiction of courts in New York County, New York. The Services are intended for U.S. users. We control the Services from our U.S. offices and do not represent that they are appropriate for use in other locations. Users accessing the Services from other locations are responsible for local law compliance. Services software is subject to U.S. export controls and may not be exported to embargoed countries or restricted parties. By using Services software, you warrant you are not in any such restricted location or on any restricted list. For legal jurisdiction inquiries, Michael Kors customer service can offer general information.
(e) Notices. Michael Kors and the Resale Service Provider will provide notices via email or by posting on the Services. Email notices are deemed received on the transmission date. For notice-related questions, Michael Kors customer service can assist.
(f) Waiver. Failure to enforce any right or provision of these Program Terms is not a waiver of that right. Waivers must be in writing and signed by authorized representatives of Michael Kors and the Resale Service Provider. Exercising any remedy under these Terms does not prejudice other remedies. For waiver-related inquiries, Michael Kors customer service can provide information.
10. Dispute Resolution. If disputes arise regarding the Program and cannot be resolved through customer service, these Program Terms outline the dispute resolution process. Michael Kors customer service is your first point of contact for dispute resolution.
PLEASE READ CAREFULLY – THIS SECTION SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND JURY TRIAL. It involves MANDATORY BINDING ARBITRATION and a CLASS ACTION WAIVER.
You agree to resolve any dispute from your Services use through binding arbitration, not in court, except for small claims court if eligible. The Federal Arbitration Act applies to these Program Terms. For arbitration process questions, Michael Kors customer service can provide initial guidance.
Arbitration involves no judge or jury, and court review is limited, but an arbitrator can award the same remedies as a court and must follow these Program Terms.
Arbitration will be administered by JAMS under its Streamlined Arbitration Rules & Procedures. A single neutral arbitrator will conduct proceedings, typically by phone, unless an in-person hearing is requested in your county of residence. JAMS Minimum Standards for Consumer Arbitrations apply where they conflict with this agreement. Disputes may be referred to another arbitration organization by written agreement or an arbitrator under the Federal Arbitration Act. To start arbitration, serve a Demand for Arbitration on Michael Kors as per JAMS instructions. Michael Kors will cover your initial filing fee. For initiating arbitration, Michael Kors customer service may direct you to appropriate resources.
Dispute proceedings will be individual, not class, consolidated, or representative actions. Jury trials are waived if court proceedings occur instead of arbitration. Intellectual property rights infringement suits may be brought in court. For class action waiver or jury trial waiver questions, please consult legal counsel. For general queries about dispute resolution, Michael Kors customer service can offer limited assistance.
