Terms of service

TERMS OF SERVICE

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Last Updated: November  2017


These terms of use constitute a legally binding agreement (the "Terms") between you and SellEz. and its affiliates ("sellez," "we," "us" or "our") governing your use of our website, mobile applications and other services or content available through the foregoing (collectively, the "Services").

These Terms govern how claims you and SellEz have against each other can be brought and will require you to submit claims you have against SellEz to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.

We may revise these Terms from time to time, and will always post the most current version on our website. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Introduction

SellEz is an apparel resale marketplace, offering a convenient option for shopping and selling quality secondhand women's and kid's clothing, shoes and accessories.

Please note that SellEz is an independent reseller of like-new clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services.

License Grant

SellEz is owner of website ("Website"). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above "Information"), and which is either owned or licensed by the Company. The Website contains both public and restricted areas. Only persons who have registered as members with the Company and who have been issued a user identification and password have a license to access the Website's restricted areas. Areas of the Website that are accessible by non-members are called "Public Area". Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in this Agreement. Accordingly, you hereby acknowledge and agree as follows:

You are hereby granted a non-transferable, non-sublicenseable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website ("License"). The scope of your License right and use of the Website's facilities is determined by the membership level for which you have registered. If it is intended that the Website and Information contained therein be used by users (whether persons or entity) other than you, you will require a separate License for each such said user.

Consent To Receive Emails

By creating an account, you agree that you may receive communications from SellEz, such as newsletters, promotions, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.

Transactions & Pricing

There is no fee to join SellEz or minimum monthly commitment. However, in order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, SellEz will store and update (e.g. upon expiration) your payment method on file.

The strikethrough price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, construction and material offered elsewhere in new condition. If more than one strikethrough price is shown, the highest-priced strikethrough price next to the item represents the estimated original retail price referenced above and the lower-priced strikethrough price represents the original listed price on thredUP. While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Our reference prices are set by a seasoned team of merchants who monitor market prices for the brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.

Unfortunately, at times pricing or typographical errors may occur. SellEz cannot confirm the price of an item until after you order the item. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, SellE zreserves the right, at our sole discretion, to refuse or cancel any orders placed for that item. Prices and availability are subject to change without notice.

To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Except as otherwise stated, all prices are quoted in U.S. Dollars.

For additional information on transactions and pricing, please visit our Support Center.

Product Descriptions

While we attempt to be as accurate as possible, SellEzvdoes not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor's display of any color or style will be accurate. If a product offered by SellEz is not as described, your sole remedy is to return it in unused condition.

For additional information on our products, please contact support@sellez.co

Payouts & Consignment

After your Clean Out Bag has been processed, SellEz will inform you whether any of your items qualify for listing on our Service and whether such listed items qualify for upfront payout or consignment. Any such determinations, including without limitation: (i) whether an item is accepted or rejected, (ii) whether an accepted item is listed for upfront payout or consignment, (iii) the upfront payout amount offered for an item or (iv) the listing price for a consignment item, will be made in SellEz's sole discretion and may be based on a variety of factors including seasonality and the composition of our existing inventory.

We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our Customer Service by email at support@sellez.co so that we can help you resolve the issue.

Consignment

SellEz will set the initial sale price for consigned items in accordance with our payout estimator. Please note that payout calculations are estimates and may be subject to change from time to time without notice. Unsold items must be re-claimed within 14 days after the listing has expired. Any consigned items which are not reclaimed shall become property of SellEz and you will not receive any further payout.

For additional information on payouts and consignment, please contact support@sellez.co

Return and Refund Policy

Shoppers

You have 7 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the refund method you choose, either in the form of SellEz credit or a refund to your original form of payment. If you chose to receive SellEz credit, then you will not be responsible for the cost of return shipping. If you chose to receive a refund in your original form of payment, a return shipping fee will be deducted from your refund amount. Original shipping charges will not be credited or refunded when returning items. To qualify for SellEz credit or a refund, all items must be in the same condition in which you received them.

For information on how to create an order return, please contact support@sellez.co 

Please note that handbags and final sale items are non-returnable. However, we do guarantee the quality and authenticity of handbags. If you have questions regarding a handbag or final sale item that was purchased, please contact support@sellez.co

Sellers

SellEz works with different organizations, wholesalers, thrifting companies, and charities who distribute, resell, and recycle unaccepted clothing. If you would like your unaccepted items returned to you, please add Return Assurance to your Clean Out Bag prior to sending it back to us. Unless you opt to add Return Assurance to your Clean Out Bag, SellEz will not return any unaccepted items.

Special Note on Authenticity

SellEz prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. If SellEzcannot verify the authenticity of an item in your Clean Out Bag, it will not be listed regardless of its condition. Please see our Acceptance and Quality Standards for more information.

 

Donations

SellEz may offer you the option to elect to donate all or a portion of the contents of your Clean Out Bag to one of our designated charity partners. By electing to donate, you authorize SellEzand/or its affiliates to receive your donation on behalf of the charity partner. At its discretion, SellEz and/or its affiliates may elect to purchase all or a portion of the contents of your Clean Out Bag from the charity partner whereupon the proceeds of such transaction will be transferred to the charity partner.

For additional information on donations, please contact support@sellez.co

Intellectual Property Rights

You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SellEz you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of thredUP, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software).

SellEz respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act. with our Designated

 

Electronic Communications

When you use our Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Restricted Activities

With respect to your use of the Services and Website, you agree that you will not:

  • impersonate any person or entity;
  • stalk, threaten, or otherwise harass any person, or carry any weapons;
  • violate any law, statute, rule, permit, ordinance or regulation;
  • interfere with or disrupt the Services;
  • post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  • use the Services in any way that infringes any third party's rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • "frame" or "mirror" any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
  • rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
  • link directly or indirectly to any other web sites;
  • transfer or sell your account, password and/or identification to any other party;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
  • cause any third party to engage in the restricted activities above;
  • use the Website and Services for any unlawful purposes;
  • sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
  • collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section "Communications and Other Content"];
  • adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
  • download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
  • use any meta tags or any other "hidden text" utilizing SellEzname or trademarks or any third party's name or trademarks without the express written consent of SellEzor the applicable third party.
  • publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
  • collude against another person in restraint of trade and competition;
  • create a hyperlink to the Website, or any page of the Website, without thredUP's express written consent; or
  • imply affiliation with or endorsement or sponsorship by thredUP, or cause confusion, mistake, or deception in connection therewith.

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Limitation of Liability and Disclaimer

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY SellEz ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SellEz MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SellEz DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. SellEz DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, SellEZ'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SellEz ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SellEz IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER NEW JERSEY LAW.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.