Introduction & Scope
The Service provides a mobile and online social marketplace for fashion items in which consumers and boutiques can upload photos of, list and sell their fashion items, and buyers can browse and purchase such items.
In addition, FashionStash is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third parties. As such, FashionStash is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third parties.
If you register as a Member, you represent and warrant to FashionStash that: (i) you have the capacity to form a binding contract; (ii) you will provide FashionStash with accurate, current and complete registration information.
When you create an account, you will create, or be issued with, a username and password. You shall be responsible for all use of the FashionStash Site by means of usernames and passwords issued to you. It is your responsibility to safeguard your usernames and passwords and keep them confidential, and to avoid use of usernames and passwords on public computers or in any manner that would allow a third party to access your account. Your use of your username and password authenticates your identity as Member, and FashionStash is entitled to act on transaction instructions received when your username and password is used, regardless of whether their use is authorized by you.
Usage of FashionStash.com
Limit 1 account per household.
While using the FashionStash Site, you agree that you will not:
• use the FashionStash Site, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the FashionStash Site;
• under any circumstances, create more than one account per household;
• seek compensation for items you explicitly send to a buyer and for which you do not receive compensation
• request the return of items you send to a buyer;
• claim that you did not receive an item that was actually delivered to the address in your account or the address shared with the seller;
• sell fake, “look alike,” or counterfeit items" If a trademark holder asks us to remove your item, we will do so and you agree that you will not re-post items that have been so removed;
• misrepresent the status and/or condition of an item for sale or purchased;
• circumvent or manipulate the fee structure, the billing process, or fees owed to FashionStash in any way, including but not limited to listing items on FashionStash and collecting payment through any medium other than the official channels provided by the FashionStash platform;
• post false, inaccurate, misleading, defamatory, or libelous content, including personal information;
• transfer your FashionStash account (including feedback) and Member ID to another party;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm FashionStash, or the interests or property of FashionStash members;
• copy, modify or distribute any content or materials from the FashionStash Sites, any FashionStash services or tools, or any of FashionStash's trademarks;
• harvest or otherwise collect any information about members, including email addresses, mailing addresses, or member preferences without their or our consent; or
• hack, modify, circumvent or otherwise attempt to access portions of data contained within the FashionStash Site that are not explicitly presented to you.
• Utilize FashionStash shipping labels for anything other than shipping bona fide items sold through FashionStash in an arms
Conditions of Use
User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by FashionStash. FashionStash reserves the right to investigate and take appropriate legal action against anyone who, in FashionStash's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of FashionStash, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose FashionStash or its users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or
information through any means not intentionally made available or provided for through the Service.
The Service is only a Venue and FashionStash is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on FashionStash's marketplace:
The Service acts as an open marketplace for users to interact with other users to buy and sell fashion items. FashionStash only provides a service, is not involved in any transaction between buyers and sellers who use the Service, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions. FashionStash is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on FashionStash's marketplace. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not FashionStash. FashionStash does not control the behavior of users of the Service or the information or other content provided by other users that is made available through the Service. As a result, FashionStash does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, FashionStash does not guarantee the ability or intent of users to fulfill their obligations in any transactions. FashionStash reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting FashionStash and its users from illegal or wrongful activities.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.
You must have the legal authority to sell the items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and reasonably completely. If you accept an offer, you shall complete the transaction with the buyer unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. You are also responsible for payment of the commission to FashionStash as set forth in the Fee Policy. An offer to sell may be retracted at any time prior to its acceptance, but not after.
If you agree to purchase an item through the Service and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller (e.g., with respect to the listing price), unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below.
Upon the confirmation of any purchase and sale transaction through the Service and payment of the required amount by the buyer, FashionStash will send to the seller's address indicated in the seller's account information a pre-paid shipping label for seller to ship the purchased item to the buyer. The seller must ship the purchased item to the buyer using the shipping label (and corresponding shipping method) required by FashionStash within 3 days after receipt of such shipping label. If the seller does not ship the purchased item within the required time period, then the seller will be notified that the order will be cancelled unless it is shipped within the time period required in such notice. Upon receipt of confirmation from the buyer that it has satisfactorily received and accepted the purchased item, FashionStash will credit seller's account in an amount equal to the purchase price received from the buyer, minus a commission to be retained by FashionStash, as described by our fee schedule. The buyer must confirm its acceptance within 3 days after receipt of the purchased item; if the buyer does not respond within such time period, the purchased item will be deemed accepted. Any funds credited to seller's account may be redeemed by the seller through a permitted third party payment provider (e.g., by ACH from FashionStash's chosen financial institution) or used by seller to purchase items listed by other sellers through the Service. FashionStash’s shipping labels may not be used for shipping any items other than the items sold through FashionStash and associate with the particular shipping label. Violation of this may result in account suspension or termination and may result in confiscation of any funds held by FashionStash, as well as any other legal remedies available to FashionStash.Your shipping address must reflect your receiving address and not the address of any other individual, group or business
We do not support returns or offer refunds. Your use of FashionStash is entirely at your own risk. However, if the item you ordered is received and is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue to FashionStash within 3 days after delivery of the purchased item. Report missing, damaged or incorrect items to email@example.com with a description of the item, the seller and the complaint so that customer service can work to address your complaints when possible consistent with our policies.
FashionStash and the member community work together to keep our site and services working properly and safely. Please report problems, offensive content, and policy violations to us.
Fees and Services
There is a membership fee to join FashionStash. This membership fee may change from time to time in the sole discretion of FashionStash. The current membership fee is the fee displayed to users on FashionStash and any changes to such fees become effective immediately upon their display to You through FashionStash. We charge a commission fee for using our services. Our fee schedule, may change from time to time and it is your responsibility to educate yourself about such changes. Such changes to our fee schedule become effective immediately upon posting on FashionStash. Additionally, we may charge fees for shipping. These shipping fees will be displayed at the time of purchase but may be modified by FashionStash at any time. Finally, we may change this fee policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to these terms of service. We may choose to temporarily reduce fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Without notice and at our sole discretion, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date.
Our goal at FashionStash.com is to provide a trusted and transparent marketplace for our members to buy and sell gently used clothing and accessory items. Unfortunately, at times pricing or typographical errors may occur. FashionStash.com shall reserve the right, at our sole discretion, to cancel any orders placed for an item if we believe an error has occurred or these policies have been violated.
Unless otherwise stated, all prices are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method, as indicated on the FashionStash Site.
FashionStash may from time to time offer credits to existing users that refer new users to the Service using the invite code provided by FashionStash to such existing users. FashionStash may also make certain credits available to such new users using that invite code. The amount and requirements to earn such credits will be determined, and may change, from time to time in FashionStash's sole discretion and such program may be terminated by FashionStash at any time, in each case with or without notice to you. Furthermore, FashionStash reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service and she must be using a device (not the web) for sign-up and the device being used must not be associated with an existing FashionStash account. You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by FashionStash; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by FashionStash at any time for any reason without liability to FashionStash, if FashionStash believes in its sole discretion that such credits resulted from fraud or other misuse of the Referral program or the Service. If your account has been suspended (see "Termination" below), you will not be able to use such credits during the duration of your account suspension.
FashionStash Credits are not redeemable for cash or cash equivalents, are non-transferable and may not be applied toward prior purchases. If your account has been suspended you will not be able to use FashionStash Credits during the duration of your account suspension. Other restrictions may apply. We reserve the right to rescind at any time any credits that you may receive a result of referral or other promotional programs, subject to reasonable notice to you.
Ownership of Materials on the FashionStash Site.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the FashionStash Site, excluding any Member Content (as defined below) (collectively, the “Site Content”) are proprietary to us or to third parties. All software used on the FashionStash Site is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
The marks “FashionStash” and the FashionStash logo are registered or unregistered trademarks of FashionStash, and they may not be used in connection with any service or products other than those provided by FashionStash, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FashionStash. Any use of such marks, or any others displayed on the FashionStash Site, will inure solely to the benefit of their respective owners. Other trademarks or service marks used on this FashionStash Site are the property of their respective owners and may not be used without permission.
Limitation of Liability and Disclaimer
Without limitation of the foregoing, FashionStash makes no representations or warranties of any kind regarding the FashionStash Site, the Site Content or the Member Content. The FashionStash Site, Site Content and Member Content are provided in “AS IS” condition, and FashionStash EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE FASHIONSTASH SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES OR WEBSITE, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND BY A COURT OF COMPETENT JURISDICTION, OR BY AN ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES, TO BE LIABLE FOR ANY OTHER MEMBER'S CONTENT, ACTIONS OR INACTIONS, OR ITEMS THAT THEY SEND THROUGH THE SERVICE, OR FOR ANY OTHER MATTER OR THING IN CONNECTION WITH THE FASHIONSTASH SITE, OUR LIABILITY TO YOU SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE FIRST INSTANCE OF THE EVENT OR ACTION GIVING RISE TO THE LIABILITY, AND (B) $100. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH LIABILITY BY FASHIONSTASH.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM FASHIONSTASH ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE, SITE CONTENT OR MEMBER CONTENT, EVEN IF FASHIONSTASH HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
If you have a dispute with FashionStash, you release us (and our officers, directors, employees, agents, subsidiaries, joint ventures and each of their officers, directors, employees, and agents) from and against any and all claims, demands, causes of action, liabilities, losses and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or the use of the FashionStash Site.
Access and Interference
The information and Site Content on the FashionStash Site is updated on a real-time basis and is proprietary to FashionStash or is licensed to FashionStash by our members or third parties. You agree that you will not use any robot, spider, scraper or other automated or manual means to access the FashionStash Site for any purpose without our express written permission by letter or email executed by an authorized officer of FashionStash.
Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any Site Content or Member Content (except for your own Member Content) from the FashionStash Site without the prior express written permission of FashionStash, by letter executed by an authorized officer of FashionStash, and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the FashionStash Site, or any activities conducted on or with the FashionStash Site; or
• bypass other measures we may use to prevent or restrict access to the site, services or tools.
Modifications to Service
FashionStash reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FashionStash shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served at www.FashionStash.com or to the email address you provided to FashionStash during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given seven days after the date of mailing as evidenced by the earliest postmark on the envelope.
Digital Millennium Copyright Act
FashionStash complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the FashionStash Site you may contact our Designated Agent at the following address:
1901 S. Bascom Ave
Campbell CA 95008
Any notice alleging that materials on this FashionStash Site infringe intellectual property rights must include the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the FashionStash Site;
(d) your address, telephone number, and email address;
(e) (e) a statement by you that you have a good faith belief that the use of the materials on the FashionStash Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the FashionStash Site has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:
(g) a physical or electronic signature of the subscriber;
(h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which FashionStash may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
Resolution of Disputes
If a dispute arises between you and FashionStash, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and FashionStash agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against FashionStash must be resolved exclusively by a state or federal court located in San Francisco, California.
Improperly Filed Claims - All claims you bring against FashionStash must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, FashionStash may recover attorneys' fees and costs up to $1000, provided that FashionStash has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. If you do not agree with the amended terms, you should cancel your membership before the end of the 30 day notice period. If you continue your membership after the end of the 30 day notice period, you will be deemed to have accepted the revised terms.