Terms and Conditions
Terms & Conditions
These terms and Conditions ('these terms') apply to the entire contents of the Refashionable.com website (the 'Website') and to any correspondence by e-mail between us and the user (the 'user' or 'you'). By using the Website you agree to be bound by these terms regardless of whether or not you choose to register with the Website. Before you may register, you must read and accept all of these terms. These terms are issued by the proprietors of the Website ('Refashionable' or 'us').
1. INTRODUCTION
1.1 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you shall be deemed to have accepted these terms in full. If you do not accept these terms in full, you must leave the Website immediately.
1.3 Refashionable may revise these terms at any time by updating this posting. You should check the Website from time to time to review the then current terms, because it is binding on you. Certain provisions of these terms may be superseded by expressly designating terms located on particular pages at the Website.
2. LICENCE
2.1 You are permitted to print and download extracts from the Website on the following basis:
(a) no documents or related graphics and videos on the Website are modified in any way;
(b) no graphics or videos on the Website are used separately from the corresponding text;
(c) Refashionable's copyright and trade mark notices and this permission notice appear in all copies; and
(d) no documents, graphics or videos are used in any manner that is likely to cause confusion.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs, graphical images, logos, designs, page headers, button icons, scripts, service names and videos) are owned by Refashionable. For the purposes of these terms any use of extracts from the Website other than in accordance with clause 2.1 for any purposes is prohibited. If you breach any of these terms your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Refashionable's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. MEMBERSHIP AND REGISTRATION
3.1 Each registration is for a single user only. Refashionable does not permit you to share your user name and password with any other person nor with multiple users on a network. Only one membership may be affiliated with one email address at any one time.
3.2 Responsibility for the security of any passwords issued rests with you.
3.3 Trade, exchange or any transfer of your membership to another user or another party is strictly prohibited. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these terms.
3.4 Refashionable's services are available only to, and may only be used by, individuals who are of 18 years of age and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian.
3.5 Registration is free of charge.
3.6 Refashionable reserves the right to cancel, suspend or investigate your membership immediately and at any time without notice if your registration details appear to be incorrect or incomplete, you are suspected to have given false or incomplete information, you are in breach of any of these terms, you are suspected of, or are, practicing fraudulent or criminal activities on the Website or if you give any reasonable cause for Refashionable to do so.
4. AGENCY / STAGE
4.1 Refashionable acts as an agency and provides a stage for you and other users to offer, sell and buy certain goods within a fixed price format. Refashionable is not directly involved in any transaction between the buyer and the seller and has no control over the quality, safety, morality or legality of any aspect of the goods listed, the truth or accuracy of the listing, the ability of sellers to sell items or the ability of buyers to pay for items. Refashionable does not check users or the content or information provided by users. Refashionable cannot ensure that a buyer or seller will actually complete a transaction.
4.2 Refashionable does not transfer legal ownership of items from the seller to the buyer and cannot guarantee the true identity, age and nationality of a user. Refashionable encourages you to communicate directly with the potential transaction partners through the tools available on the Website.
4.3 You agree that Refashionable is a stage and as such is not responsible or liable for any content posted by you, other users or outside parties on Refashionable. You use the Refashionable service at your own risk.
5. TRADE
5.1 Refashionable allows you to trade only in pre-owned or new products that are made from recycled materials.
5.2 New products, bulk batches, end of line and factory second products are not permitted for trade on the Website without Refashionable's prior written permission.
5.3 Used swimwear, used undergarments and any items of a clear or overtly sexual nature are not permitted for trade on the Website without Refashionable's prior written permission.
6. VISITOR MATERIAL & CONDUCT
6.1 Other than personally identifiable information, which is covered under Refashionable's Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Refashionable shall have no obligations with respect to such material. Refashionable and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, videos, text and other things embodied therein for any and all commercial or non-commercial purposes.
6.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 You may not misuse the Website (including, without limitation, by hacking).
6.4 Refashionable shall fully co-operate with any law enforcement authorities or court order requesting or directing Refashionable to disclose the identity or locate anyone posting any material in breach of clause 6.2 or clause 6.3.
7. SERVICE ACCESS
7.1 While Refashionable endeavours to ensure that the Website is normally available 24 hours a day, Refashionable shall not be liable if for any reason the Website is unavailable at any time or for any period.
7.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Refashionable's control.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Refashionable has not reviewed any of these third party websites and does not control and is not responsible for these websites or their content or availability. Refashionable does not therefore endorse or make any representations about the material or any material found there or any results that may be obtained from using them If you decide to access any of the third party websites linked to the Website you do so entirely at your own risk.
8.2 If you would like to link to the Website you may only do so on the basis that you link to, but do not replicate, the home page of the Website and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Refashionable logo;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that Refashionable is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with Refashionable nor present any other false information about us;
(e) you do not otherwise use any Refashionable trade marks displayed on the Website without express written permission from us;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.3 Refashionable expressly reserves the right to revoke the right granted in clause 8.2 for breach of these terms and to take any action it deems appropriate.
8.4 You shall fully indemnify Refashionable for any loss or damage suffered by us for breach of clause 8.2.
9. LISTING & FEES
9.1 The seller is responsible for the payment of the listing fee. All sellers have the opportunity to review and accept the applicable fee before an item is listed.
9.2 Listing fees will be charges in British Pounds Sterling (GBP) and are inclusive of Value Added Tax (VAT) unless otherwise stated. For the avoidance of doubt this applies only to listing fees and does not reflect the contract between sellers and buyers.
9.3 Listing fees on the Website are charged at a standard rate of £1.00 GBP (including VAT)
9.4 There is no full or partial or pro-rata refund of the listing fee available once an item has been has been listed.
9.5 A listing may be cancelled once it has been submitted. The listing will remain on the Website for the seller's chosen maximum duration of the listing until it is either cancelled by the seller or until the item listed has been sold.
9.6 By listing an item you warrant that you and all aspects of the listed item comply with Refashionable's policies and these terms. You warrant that you may legally sell the item and that it has been accurately described. All items must be listed in an appropriate category and must accurately and completely describe the items being listed. The location of the item must not be misrepresented.
9.7 All sales are binding on the buyer and the seller. Upon the sale of a listed item, both parties are obliged to complete the transaction in a prompt manner.
9.8 The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for postage and packaging of the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.
10. RETURNS / REFUNDS
10.1 When listing an item the seller may choose to offer a returns policy. Such a policy should state the period within which the item may be returned and should be written in a clear and concise manner.
10.2 Once an item has been sold we will hold the proceeds of sale for a period of no more than 30 days. Once the 30 day period has elapsed the proceeds of sale will be distributed to the seller and/or a charity.
11. CHARITY DONATIONS
11.1 The seller may choose to donate all or part of the proceeds of sale to those charities included and listed on the Website.
11.2 Donations are made after the close of a listing and after the seller receives payment from the buyer. The chosen donation amount will then be processed and distributed by charities trust to the individual charities after gift aid has been claimed.
12. GIFT AID
12.1 Gift aid is tax relief on money donated to UK charities.
All donations from any sale proceeds by the seller (the donor) shall be made electronically via the website to a bank account which holds all donations that come from the website and which is controlled by the Charities Trust (Charities Trust Account). 21 days after the donation is received by the Charities Trust Account, the donor will have waived any entitlement to the donation.
12.2 Charities Trust will apply for Gift Aid to be added to donations where applicable.
12.3 The donation is made to a charity from the Charities Trust Account no later than the third week of the subsequent calendar month after the donation is received by the Charities Trust Account. Due to the process, the Gift Aid element will take longer and will be made as a separate payment.
12.4 In the event that a charity elects not to receive a donation, the donation will be distributed to a charity or charities of Refashionable's choice.
12.5 For the purpose of the application of Gift Aid the donor's details (where applicable) will be passed on to the processor of the Gift Aid application, Charities Trust, and used in accordance with their procedures.
12.6 The donor agrees that Refashionable may inform Charities Trust of a donor's identity and provide Charities Trust with such details of the donor as Charities Trust may require to process a donation to a chosen charity. Charities Trust will use your information for administration and analysis.
For more information on how your details are used please read our Privacy Policy.
13. DISCLAIMER
13.1 While Refashionable endeavours to ensure that the information on the Website is correct, it does not warrant the accuracy and completeness of the material on the Website. Refashionable may make changes to the material on the Website or to the products and prices for Refashionable's services at any time without notice. The material on the Website may be out of date and Refashionable makes no commitment to update such material.
13.2 The material on the Website is provided 'as is', without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Refashionable provides you with the Website on the basis that Refashionable excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purposes and the use of reasonable care and skill which, but for these terms, might have effect in relation to the Website.
14. LIABILITY
14.1 Refashionable, any other party (whether or not involved in creating, producing, maintaining or delivering the Website) and any of Refashionable's officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to the business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to circumstances that may infect your computer equipment, software, data or other property on account of your access to, use of, or borrowing the Website or your downloading of any material from the Website or any websites linked to the Website.
13.2 Nothing in these terms shall exclude or limit Refashionable's liability for:
(a) death or personal injury caused by negligence; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law
13.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
14. INDEMNITY
You agree to indemnify and hold Refashionable and Refashionable's affiliates, officers, directors, agents and employees harmless from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your violation of any law or the rights of a third party.
15. DISPUTE RESOLUTION
In the event of a dispute between you and other users of the Website or a third party you release Refashionable (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16. THIRD PARTY RIGHTS
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
17. PRIVACY
Except as provided in Refashionable's Privacy Policy Refashionable will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.
18. GOVERNIND LAW AND JURISDICTION
These terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.