This User Agreement is effective upon acceptance for those users who accept it through registration of a WOWDROBE account. 1. Introduction This User Agreement sets out the terms on which Wowdrobe offers you access to and use of our sites, services, applications and tools (collectively 'Services'). All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
You are entering into a contract with Kinetica Systems Limited, 160 City Road, Greater London, EC1V 2NX.
2. About Wowdrobe
Wowdrobe is a marketplace that allows users to sell and buy everything related to fashion.
Wowdrobe does not have possession of anything listed or sold through Wowdrobe, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Wowdrobe reviews all products listed. While we may help facilitate the resolution of disputes through various programmes, Wowdrobe has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Sellers must have a valid payment method on file with Wowdrobe at all times. You authorise Wowdrobe to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services. This includes, but is not limited to, amounts owed for Wowdrobe fees, Wowdrobe Money Back Guarantee reimbursements and postage labels. Wowdrobe will notify you of these charges. If payments or amounts owed to Wowdrobe cannot be completed through the payment method on file for any reason, you are still required to pay Wowdrobe for all unpaid amounts and Wowdrobe reserves the right to seek reimbursement through other means plus any additional costs incurred by Wowdrobe in seeking reimbursement. You can change your payment method in My Account or Store Manager at any time.
3. Using Wowdrobe
In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third-party rights or our systems or policies; sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties; use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services; fail to pay for items purchased by you, unless you have a valid reason as set out in a Wowdrobe policy, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller fail to deliver items sold by you, unless you have a valid reason as set out in a Wowdrobe policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer; manipulate the price of any item or interfere with any other user's listings; post false, inaccurate, misleading, defamatory, or libelous content; take any action that may undermine the Feedback or ratings systems transfer your Wowdrobe account (including Feedback) and user ID to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; use the contact information of other users for any purpose other than in relation to a specific Wowdrobe transaction on the Wowdrobe site (which includes using this information to send marketing materials directly to Wowdrobe users unless the user has given explicit consent to receiving these materials); distribute viruses or any other technologies that may harm Wowdrobe, or the interests or property of Wowdrobe users; use any robot, spider, scraper or other automated means to access our Services for any purpose; bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any Wowdrobe application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, " Intellectual Property Rights") that belong to or are licensed to Wowdrobe. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Wowdrobe or someone else; infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you; commercialise any Wowdrobe application or any information or software associated with such application; harvest or otherwise collect information about users, such as email addresses, without their consent; or circumvent any technical measures we use to provide the Services.
If you are registering with Wowdrobe as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Wowdrobe, you must comply with all applicable laws relating to online trading in the UK.
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Business users can cancel this User Agreement by visiting this
help page. We may recoup the cost of any Services provided up to the point of cancellation.
If (1) we believe you are violating the policy on Offers to buy or sell outside of Wowdrobe, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer's contact information in the context of buying or selling outside of Wowdrobe, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the Wowdrobe site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
4. Abusing Wowdrobe
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties; we think that such restrictions will improve the security of the Wowdrobe community or reduce our or another Wowdrobe user's exposure to financial liabilities; we think that you are infringing the rights of third parties; we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users; despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
We may change our fees, or introduce new fees from time to time by posting the changes on the Wowdrobe site.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Wowdrobe Services, even if sales terms are finalized or payment is made outside of Wowdrobe. In addition, if you are a seller and you offer or reference your contact information or ask for a buyer's contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the Wowdrobe site, even if the item does not actually sell.
You are required to have a payment method on file when selling on Wowdrobe. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
Seller fees don't purchase exclusive rights to item exposure on Wowdrobe whether on a web page, mobile app, or otherwise. We may display third party advertisements (including links and references thereto) or other content in any part of our Services, at our sole discretion.
6. Listing Conditions
When listing an item, you agree that:
you are responsible for the accuracy, content and legality of the item listed and agree to list. your listing may not be immediately searchable by keyword or category for up to 24 hours. Wowdrobe does not guarantee exact listing durations; when you create fixed-price listings, these will renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Your fixed-price listings will renew automatically once per calendar month until the quantities sell out or until you cancel the listing. The exact day of the month that the renewal takes place depends on the initial listing start date; you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the Wowdrobe site. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest; content that violates any of Wowdrobe's policies may be modified, obfuscated or deleted at Wowdrobe's discretion; we may revise product data associated with listings to supplement, remove, or correct information; we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyers' location, search query, browsing site and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, Wowdrobe policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer; listing upgrades may be paid-for benefits that can affect the appearance or placement of listings in the search and browse results. meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results; we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers; Wowdrobe may make additional services available to buyers such as warranty extensions and other insurance or assembly and installation services. You are permitted to offer your own additional services (such as guarantees or assembly and installation services) if you do so in accordance with this User Agreement and applicable laws. 7. Purchase Conditions
When buying an item, you agree that:
you are responsible for reading the full item listing before making a commitment to buy; you enter into a legally binding contract to purchase an item when you commit to buy an item. 8. Content
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub licensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works), and you authorize us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sub licensees or our assignees.
We may offer catalogue and/or product data (including images, descriptions and specifications) that are provided by third parties (including Wowdrobe users). You may use that content solely in your Wowdrobe listings during the time your listings are on Wowdrobe sites. That permission is subject to modification or revocation at any time at Wowdrobe's sole discretion.
We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that Wowdrobe is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all Wowdrobe policies. The catalog and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalog or product data or create any derivative works based on that data (other than by including the data in your listings).
The name "Wowdrobe" logos, designs and phrases that we use in connection with our Services are trademarks, service marks of Wowdrobe in the UK. They may not be used unless expressly authorised by Wowdrobe in writing.
9. Data protection and Privacy You and Wowdrobe shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Wowdrobe and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws. You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation "GDPR") and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from Wowdrobe exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies). Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension. As part of the Services, Wowdrobe has access to various information about users, including personal data. This includes information that users submit to Wowdrobe as part of the Services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Services (such as ratings, sales analysis or communication). Via My Account and, upon request, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your listings, which are partly related to the data of other users of the Services (such as number of impressions of a listing, conversion rate or return rate). Wowdrobe only shares information about users with third parties if this is necessary for the provision of the Services or if Wowdrobe is legally or contractually entitled to do so. Upon expiry of this User Agreement, we will delete the information you provided, or which was generated through your use of the Services from your Wowdrobe account. Regardless, we maintain this information after the expiry of the User Agreement if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the User Agreement. 10. Additional Terms Returns
Sellers can setup their own return policies.
When an item is returned, to refund the buye, you authorise Wowdrobe to reverse the refund amount from your account, or alternatively place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
The cost of return shipping for an item that is not as described is the seller's responsibility.
You authorise Wowdrobe to include return postage charges and auto-refunds on your seller invoice, which may be charged to your automatic payment method on file
When an order is cancelled and you choose to refund the buyer via Wowdrobe, you authorize Wowdrobe to reverse the refund amount from the seller's account, to the buyer.
We aim to keep Wowdrobe and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services and other notification functionality in Wowdrobe's Services may not occur in real time. Such functionality is subject to delays beyond Wowdrobe's control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
your use of or your inability to use our Services; pricing, postage or other guidance provided by Wowdrobe; delays or disruptions in our Services; viruses or other malicious software obtained by accessing, or linking to, our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of any Wowdrobe's Service; the content, actions, or in actions of third parties, including items listed using our Services or the destruction of allegedly fake items; a suspension or other action taken with respect to your account or breach of the Abusing Wowdrobe section; the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Wowdrobe cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Wowdrobe Money Back Guarantee up to the price the item sold for on Wowdrobe and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Wowdrobe's Services or your breach of any law or the rights of a third party.
13. Legal Disputes
If a dispute arises between you and Wowdrobe, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. Wowdrobe Customer Service is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Wowdrobe both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off any of the amounts held in Wowdrobe user accounts held or controlled by you with any fees, charges or other amounts you owe us. Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from a Wowdrobe credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the Message Center or by posting the amended terms on
wowdrobe.co.uk. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an Wowdrobe representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Wowdrobe site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User 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 User Agreement or which exists or is available apart from that Act.
The User Agreement and all policies posted on our site are the entire agreement between you and Wowdrobe and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement:
Fees (with respect to fees owed for our Services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Kinetica Systems Limited, 160 City Road, Greater London, EC1V 2NX, United Kingdom. We shall send notices to you by email to the email address you provide to Wowdrobe during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.