You must be 18 years old or otherwise legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians, who must be atleast 18 themselves. If you do not qualify, please do not use the Site. In any event, you affirm that you are over 13 years old, as the Site is not intended for children under 13. We may refuse our services to anyone, or limit use of the Site at any time, for any reason, at our sole discretion. If you are eligible to use the Site, you may subscribe to it. Upon acceptance of your subscription by ReFashioner, you hereby authorize ReFashioner to obtain an initial credit authorization of your credit card.
License to use the site
Sales taxes are the sole responsiblity of the seller, and ReFashioner does not admit any liability for sales or use taxes. Please consult your local tax authority for more information.
By listing an item for sale on the Site, you warrant that you are legally authorized to sell it. All items listed must be clean, in good condition (new or gently worn), and free from defects, which include rips and stains. All listings must be limited to text containing an accurate description of the item (including minor faults, if any), a story connected with the item (optional) and up to 5 photographs of the item. Text or other content not related to the item is not permitted. You acknowledge and agree that ReFashioner may, at its sole discretion, reject the posting of any item on the Site.
You may select your own selling price for any item that you are uploading, but if you leave the price box blank, then ReFashioner will advise a suggested price (the "Suggested Price") for any item based on its original sale price, resale, auction and other market data, the quality and condition of the item and various other factors, prior to the item being posted. In the event that you disagree with the suggested price, you may amend it. If you agree to the suggested price, you will notify your approval to ReFashioner, and the Site will post the item. ReFashioner will not be liable for any inaccuracy in pricing any item. Once an item is posted, it may not be removed for a period of 60 days from its posting, unless it has been sold. Thereafter, it may be removed by contacting ReFashioner. ReFashioner will attempt to remove the item within two business days from receipt of such notice. However, ReFashioner will not be liable in any way for its failure to remove the item within such time limit.
All items listed must be in material compliance with the listing description. You are solely responsible for any items posted to your account and/or shipped by you. You acknowledge that ReFashioner may limit the maximum number of days that an item or any other content will be retained on the Site. You agree that ReFashioner has no responsibility or liability for the deletion of, or failure to store any item or other content on the Site..
You are required to subscribe to the Site in order to transact items. Listing and bidding on items is currently free, but we charge a fee of 22% to the Seller for each transaction, reduced to 15% if the Seller spends the proceeds elsewhere on the Site. We will automatically deduct the amount from the Seller’s PayPal account that we have on file. Paypal, our payments processor, charges additional fees (currently 30c and 2.9% of transaction value per item). If a Purchaser’s payment method fails, we may collect fees owed using other collection methods, including charging or deducting other accounts you have on file with us, retaining collection agencies and/or retaining legal counsel. Any such failure will result in the immediate suspension of your use of the Site. Pursuant to the above, you hereby authorize ReFashioner to obtain an initial credit authorization of your credit card when you subscribe to the Site.
You agree that you will not in any way interfere with the operation of the Site, so as to cause actual or perceived damage to the site, the company, or any of our users. You agree therefore not to interfere by way of spamming, hacking, uploading any viruses, time-bombs or other malicious code or in any other manner to interfere with any transaction made through the Site, the operation of the Site by ReFashioner or the availability of the Site to any individual who wishes to access any part of the Site. You will not circumvent or manipulate the fee structure or the account or billing process of the Site or in any way manipulate the price or listing information of any item. You will not take any action that could compromise the Site’s feedback system. You will not take any action that imposes an unreasonable or disproportionately large load on the site's infrastructure. You will not use any "robot", "harvesting bot", "spider", "deep-link", "scrapers" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content (as defined below). You will not engage in unlawful marketing, and/or fee avoidance, which includes contacting another Site user to buy or sell an item listed on ReFashioner off the Site. In the event of any such interference, or perceived interference as ReFashioner may determine at its sole discretion, ReFashioner will have the right to terminate your right to use the Site and to use all legal actions available to ReFashioner against you.
Copyright and Intellectual Property Ownership
You acknowledge that the Site contains information, visual interfaces, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, artwork and other material, and all copyrightable or otherwise legally protectable elements of the Site including the design, structure, selection, "look and feel" and arrangement of such content, (collectively "Content"), that is either owned, controlled or licensed by ReFashioner and that all Content on the Site is protected by copyrights, trademarks, trade dress or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted by ReFashioner or its affiliates as a collective work under U.S. copyright laws, and ReFashioner or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, non-commercial use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under U.S. copyright laws (eg 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way, Content which is protected by copyright, or other proprietary right, without obtaining prior permission of the owner of the copyright or other proprietary right.
The Site acts as a venue only. It is intended as a venue to allow individuals and businesses to purchase and sell fashion items. ReFashioner facilitates these transactions, but while its officers, directors, employees and agents may participate on the site, the company does not engage in principal transactions. As a result, ReFashioner has no control over and does not represent or guarantee: (i) the quality, safety or legality of the items offered or user information posted; (ii) the truthfulness, accuracy or reliability of the listings; (iii) the ability of a Seller to offer, ship or otherwise deliver any item; or (iv) any party's (as Seller or Purchaser) ability to complete a transaction. ReFashioner does not endorse any opinions expressed by users on the Site. In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Because authentication on the Internet is difficult, ReFashioner cannot and does not confirm that each user is who they claim to be. You assume all risks associated with dealing with other users and/or others with whom you come into contact through the Site. You also acknowledge that any reliance on any material posted by other users will be at your own risk. In the event that you have a dispute with one or more users, you release ReFashioner (and its officers, directors, employees and agents) from claims, demands and damages (actual and consequential, direct and indirect) 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.
Account, Password and Security
To trade through the Site, you will be required to open an account. You are responsible for maintaining the confidentiality of any account information (including any password) you are given to access the Site, and are fully responsible for all activities conducted by your account. You will not provide any false personal information when opening your account, and will keep your contact information accurate and up-to-date. We reserve the right to remove or refuse any username. You will not solicit login information, access an account belonging to someone else or do anything that may jeopardize the security of your account. You agree to notify ReFashioner immediately of any unauthorized use of your account. ReFashioner is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information. However, ReFashioner will not be liable for any inaccuracy or any other error in connection with your account.
Links to Other Websites
The Site provides links to websites and access to content, products and services from third parties, including users, advertisers, recommended photographers or wardrobe consultants, affiliates and sponsors of the Site. You agree that ReFashioner is not responsible for the availability of, or content provided on, third party websites. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that ReFashioner is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that ReFashioner is not responsible for: (a) the quality of third party products or services, including without limitation any photography services or wardrobe services recommended by ReFashioner; and (b) fulfilling any of the terms of your agreement with the seller/service provider, including delivery of products or services and warranty obligations related to purchased products or services including without limitation, any photography services or wardrobe services recommended by ReFashioner. You agree that ReFashioner is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
Purchases, Services and Other Terms and Conditions
ReFashioner does not guarantee that any products or services offered on the Site will still be available. ReFashioner may, at its sole and absolute discretion and without further notice to you, make changes to products or services or the applicable prices for such services or products.
The receipt of an email order confirmation is simply notification that we have received your requested order, and does not constitute an offer to sell. ReFashioner reserves the right to limit the quantity of any item sold, or prohibit a sale altogether.
Control of Site
ReFashioner may, at any time, at its sole discretion, modify or discontinue any or all of the Sites on a temporary or permanent basis without notice or liability to you or any other user of any of the Sites. We may also impose limits on certain features and services and restrict access to all or any portion of the Site without notice or liability to you. ReFashioner does not endorse any submissions by users or any opinion, recommendation, or advice expressed therein, and ReFashioner expressly disclaims any and all liability in connection with users’ submissions.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS. REFASHIONER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. REFASHIONER MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY USE OF THE SITE AND ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. REFASHIONER WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
REFASHIONER RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
Limitation of Liability
To the full extent permissible under the applicable law, neither we nor our officers, directors, employees, owners, agents, sub-agents, subsidiaries, affiliates, suppliers or service provider shall be liable for damages of any kind (whether for negligence, tort or breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, lost profits, revenues or data arising out of or in connection with the Site, the inability to use the Site or resulting from any goods or services purchased, traded or obtained or the non-fulfilment of such purchases or trades or for messages received or transactions entered into through the Site. Your sole remedy shall be to discontinue using the Site.
Public and Private Communications
You acknowledge that transmissions to and from the Site are not confidential and you accept that we are not your fiduciary, nor are we responsible for keeping any such information confidential, nor shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to ReFashioner, its officers, directors, employees or its agents via the Site will be considered public and non-proprietary. ReFashioner will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.
Infringement of Copyright
If you believe that content residing on or accessible through the Site infringes your copyright, please send a notice of copyright infringement by regular mail (not email) to ReFashioner Corp, Attn: Legal Department, at 278 President St, Brooklyn, NY 11231. The notice must be in compliance with the Digital Millennium Copyright Act 1998 ("DCMA")(a copy of which can be found at http://www.copyright.gov/legislation/dmca.pdf and must contain the following information:
*A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
*Identification of works or materials being infringed;
*Identification of the content that is claimed to be infringing including the exact URL of the page containing the information and/or such other information so that Refashioner is capable of finding and verifying its existence;
*Your contact information including address, telephone number and, if available, e-mail address;
*A statement that the you have a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
*A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright owner or authorized to make the complaint on behalf of the copyright owner.
Once ReFashioner has received the above, ReFashioner may remove or disable access to the infringing content and notify the content provider that it has removed or disabled access to the content. Please note that any person who knowingly misrepresents material on the Site is infringing his/her copyright and may be subject to liability.
In the event that ReFashioner notifies you that ReFashioner has received proper infringement notification about your content, you may elect to send ReFashioner a counter notice. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf To file a counter notification with ReFashioner, you must provide the following items to us in writing:
*The exact URL of the page containing the content that ReFashioner has removed or to which ReFashioner has disabled access;
*Your name, address, telephone number, and email address;
*A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person; and
*The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
The signed notification should be sent to the following address: ReFashioner Corp, 278 President St, Brooklyn, NY, 11231 Attn: DMCA Counter-Notification or alternatively email it to: email@example.com..
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must notify us within ten (10) days that he/she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on ReFashioner. If we receive such notification we will not display, distribute or otherwise exploit the material. If we do not receive such notification, we may elect to do so.
Users outside the United States of America
Access to the Site from outside of the United States of America is subject to local laws which are the responsibility of the website user. In any event, all website users agree to comply with all applicable laws relevant to website use in the location of such user and website use. Refashioner will not be responsible and makes no representation that objects for sale on any of the Site and their associated intellectual property rights are available for use in locations outside of the United States of America.
Void or Unenforceable Provision
Headings used in this user agreement are for convenience only and are not to be relied upon.
Binding Effective Agreement
This policy was last updated on June 22 2012.