Professional Seller Agreement
This Professional Seller Agreement (the "Agreement") applies to any user who sells, or offers to sell, on Anew in the course of a trade, business, craft or profession (a "Professional Seller"). It supplements the general Terms & Conditions; where the two conflict for Professional Sellers, this Agreement prevails. It reflects, among other things, the EU Platform-to-Business Regulation ((EU) 2019/1150), the Digital Services Act ((EU) 2022/2065) and DAC7 ((EU) 2021/514).
1. Professional status & verification (DSA Art. 30)
You confirm you are acting as a trader and must register as a Professional Seller. Before you can trade, you must provide and keep up to date: your legal name, address and contact details; your trade-register and, where applicable, VAT number; the payment-account identifier used for payouts; and a self-certification that you will only offer goods that comply with EU law. We verify this information on a best-efforts basis using official databases or supporting documents, and may suspend your ability to trade until it is complete. Your trader identity may be displayed on your listings.
2. Commission & fees
Anew charges a commission of [7%] of the item sale price on each completed sale by a Professional Seller (the "Commission"). The buyer-protection fee is separate and is paid by the buyer. Private sellers pay no commission; this Commission applies to Professional Sellers only.
The Commission is calculated on the item price excluding the buyer-protection fee, and is deducted at settlement so that your payout = sale price − Commission − any applicable payment-provider charges passed through. We will make available a statement/invoice for Commission charged, including VAT where applicable. Optional paid features (e.g. "Boost", subscription tiers if introduced) are priced separately and shown before purchase.
3. Payments, escrow & payouts
All payments run through our regulated payment provider, [Mangopay / the appointed PSP]. Buyer funds are held in escrow and released to you, net of Commission, on the completion trigger (handover code for local pickup, or delivery/again the applicable window for shipped goods). You must complete the provider's onboarding and KYB checks to receive payouts. Refunds, chargebacks and disputes are handled as set out in the general Terms; a refund reverses the corresponding Commission.
4. Your obligations to consumers
As a trader you are solely responsible for complying with consumer law towards your buyers, including:
- Pre-contract information and the 14-day right of withdrawal (Directive 2011/83/EU), including providing a withdrawal form and honouring returns/refunds.
- The legal guarantee of conformity of at least two years (Directive (EU) 2019/771).
- Product safety and compliance, including the EU General Product Safety Regulation ((EU) 2023/988) and any labelling, CE-marking or documentation duties for what you sell.
- Transparent pricing, including prior-price rules for reductions (Omnibus Directive (EU) 2019/2161) and correct VAT treatment.
- Acting with professional diligence and not engaging in unfair commercial practices.
5. Tax and DAC7 reporting
You are responsible for your own taxes (including VAT registration and remittance where required). As an EU platform, Anew must collect certain seller information and report qualifying Professional Sellers' identity and income to the tax authorities under DAC7. You agree to provide your tax identification number (TIN), VAT number and any other data we reasonably need, and to keep it accurate. We may withhold payouts or suspend selling where required information is missing, as DAC7 permits.
6. Storefront, boosts & ranking transparency (P2B)
You may present a storefront (shop name, tagline) and use paid promotion ("Boost"). The main parameters determining ranking are relevance to the buyer's query and filters, recency and distance; paid Boost and editorial curation also affect placement and are disclosed as such, in line with the Platform-to-Business Regulation. We do not give your own listings preferential ranking without disclosure.
7. Prohibited practices
You must not: mislabel your trader status; post counterfeit, unsafe, recalled or illegal goods; divert buyers off-platform to avoid protection or fees; manipulate reviews or rankings; or breach the listing rules in the general Terms. Breach may lead to restriction, suspension or termination under Section 10.
8. Data protection
Where you receive buyers' personal data to fulfil an order, you act as an independent controller and must comply with the GDPR (lawful use, security, honouring buyers' rights). Anew and you are each responsible for your own processing; where one processes on behalf of the other, the parties will put an appropriate data-processing arrangement in place. See our Privacy Policy.
9. Liability & indemnity
You are responsible for the goods you sell and your compliance with the duties above. To the extent permitted by law, you will indemnify Anew against third-party claims, fines or losses arising from your breach of this Agreement, your consumer-law or product-safety obligations, or the goods you supply. Nothing limits liability that cannot be limited by law.
10. Term, changes & termination (P2B)
This Agreement applies for as long as you hold Professional Seller status. We may change it, giving you at least [15] days' prior notice (or longer where required), during which you may terminate; changes needed for legal reasons may take effect sooner. Either party may terminate on [30] days' notice. We may restrict or suspend your account for breach or legal reasons, giving you a statement of reasons and access to our internal complaint-handling system as required by the Platform-to-Business Regulation and the DSA. Open transactions and statutory record-keeping survive termination.
11. Governing law, disputes & mediation
This Agreement is governed by the law of [country of the operating entity — e.g. Belgium] and disputes fall to the competent courts of [the operator's seat]. In line with the Platform-to-Business Regulation, before litigating you may raise complaints through our internal complaint-handling system, and we identify the following mediators for out-of-court settlement: [names of at least two mediators].
Acceptance: by registering as a Professional Seller you accept this Agreement. Contact: [pro@shopanew.eu] · [Operator legal name and registered office].