Date of last revision: September 22, 2018
Welcome to Reetzy! We’re so glad you’re here. Reetzy is here to help you enrich your life with fashion! Make yourself comfortable and have a great time, but please follow our house rules.
Acceptance of terms
This Agreement is effective on January 19, 2016, for current users and upon acceptance by new users. We may change the Agreement from time to time, with or without notice to you and at our sole discretion, and your continued use of the App, website or any Services constitutes acceptance of these changes. It is your responsibility to review this Agreement when using the App, website, or our Services. Any user who is found to be in violation of the following Agreement and any other policies posted on the Website, App or Services may be banned, at the sole discretion of Reetzy, from using the Services. If legal action is required to compensate for the loss that a user creates by violating this Agreement, Reetzy has the legal right to pursue their benefits in the legal course of action.
Reetzy’s Service Overview
Reetzy is a social consumer to consumer online marketplace. Reetzy will only facilitate transactions, thus users that list and sell items (the “Sellers”) and users that views and purchases items (“Buyers”) are entirely responsible for the sale of goods or services (“goods”, “products” or “items”), including without limitation the listing of goods and any applicable goods and product warranties. This means that the actual contract for sale is directly between the Seller and the Buyer.
- Reetzy does not sell or purchase any goods, take possession of any goods, or fulfill orders either for itself or on behalf of users or others.
- Reetzy provides payment processing services through third party service providers for items listed on its marketplace.
- Users can pay with and accept payments by credit card, debit card, Paypal, and Sellers may have funds from sales deposited into the sellers’ designated bank account.
- The App, website and Services are licensed, not sold to you, and you may use the Service only as set forth in the Terms.
- Reetzy provides customer support services related to the website, App and payment processing.
- Also, Reetzy is not responsible for any user-generated content and accounts. Content submitted express the views of their author only.
Your Account with Reetzy
To access most features of the Service, you must create an account with Reetzy. Reetzy users provide their real names and information, and we need your help to keep it that way. Here are some rules and commitments you make to us relating to registering and maintaining the security of your Reetzy account:
- You will not provide any false personal information on Reetzy, or create an account for anyone other than yourself without permission.
- You must be 13 years or older to use our Services. If you are under the age of 18, you must at all times use our services under the supervision of a parent or legal guardian who is at least 18 years of age. Service is available only to individuals who can form legally binding contracts under applicable laws and regulations.
- You have not previously been suspended or removed from the Service.
- Your registration and your use of the Service are in compliance with any and all applicable laws and regulations.
- Be honest with us. Provide accurate information about yourself. Make sure your submitted registration information (“User Information”) is accurate, updated and truthful. You may NOT impersonate any person or entity, or use false information or misrepresent your affiliation with a person or entity. (including use of similar names, email addresses, profile photos of a person who you are not, nicknames, or creation of false accounts or any methods of deceits) You may be required to provide us with information of yourself (such as your name, address, date of birth, social security number, and/or a copy of your driver’s license) when you register for an account or use certain Service features. We may verify your User Information with a third party vendor. We may additionally request you to send us additional documents or information to verify your identity. If we are unable to verify your identity, your use of the Service may be restricted or prohibited.
- Whether you are an individual or a business entity, you may only register for one account.
- You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, you may not transfer, pledge, sell, lend, rent, assign, sublicense, or otherwise allow another party to access or use your Reetzy account.
- You must keep your account information (“User Information up-to-date and accurate at all times, including a valid email address and phone number. To sell items on Reetzy and receive your seller earnings, you must also provide and maintain valid payment information, such as a valid PayPal account and bank account information. Also, to continue selling items on Reetzy, you must limit your listings to items you currently have physical possessions of.
- Provide accurate and updated Payment Instrument information when you make a purchase. If you make purchases through the Service, you will be asked to provide information about your Payment Instruments(s). Payment Instruments may include a credit card, debit card, Paypal account or other payment method permitted by us which may be stored with us for future use. We may validate that your Payment Instrument is in good standing with your Payment Instrument issuer.
- Protect your password. You are solely responsible for any activity on your account, so it’s very important to maintain the confidentiality of your password and account. if any of the suspicious activities (including a login or usage that isn’t your own) occur under your account or password, you agree to: (a) immediately notify Reetzy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. You also agree that Reetzy will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your Reetzy user login and password information in combination to any other party other than Reetzy without Reetzy’s explicit written permission.
- Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Reetzy.
- If you select a username or similar identifier for your account or username, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Content that you post using our Services is your content (We will refer to it as “Your Content”). You retain copyright and any other proprietary rights that you may hold in the Content you post to the Service. Content includes anything you post using our Services (like usernames, messages, photos, videos, images, texts, opinions, profile pictures, listing photos, listing descriptions, reviews, comments, and other types of works).
- Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights and license to Your Content and that you’re not infringing or violating any third party’s rights and license by posting it. This means that by posting or publishing your Content on Service, you are solely responsible for your Content and the consequences of posting and publishing your Content. By posting your Content, you represent, warrant, and affirm that you are the creator and owner of, or have the necessary rights, permissions, licenses, consents to use and authorize Reetzy and users of the Service to use and distribute your Content. This means that your Content does not and will not infringe, violate, or misappropriate any third party right, including but not limited to any copyright, trademark, patent, moral right, trade secret, right of publicity, and any other intellectual property or proprietary right. Also, by posting or sharing your Content, you represent, warrant and affirm that your Content does not violate any law or regulation, cause Reetzy to violate any law or regulation, and defame invade the right of privacy, publicity or property rights of any other person. If in Reetzy’s sole discretion determines that you breach any of the warranties and representations, or your Content is otherwise inappropriate, Reetzy reserves the right to Terminate, Suspend your access to the Service, and remove the Content with or without notice to you.
- Limited License You grant to Reetzy. By posting Your Content through our Services, you grant Reetzy a worldwide, irrevocable, sub-licensable, non-exclusive, royalty-free right and perpetual license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, use, modify, and distribute your Content in whole or in part, in any media formats and through any media channels, including across any Reetzy Services or third-party website or advertising medium (now existing or hereafter developed). We don’t claim any ownership to Your Content, but we have your permission to use it without compensation to you, to help Reetzy function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your success. Also, for any content you publish on Reetzy, it is possible for a third party (including people off of Reetzy) to access and use that information, and to associate it with you (i.e., your name and profile photo) and you agree to hold Reetzy harmless for any disputed concerning this usage.
- That sounds like a lot, but it’s necessary for us to keep Reetzy going. Consider these examples: if you upload a photo of a listing on your Reetzy page or group, first, we have permission to display it to buyers, and second, we can resize, redesign it so it looks good to a buyer using our App or website; and if you post a beautiful photo of your latest purchased handbag, we can feature it on our homepage and social media pages, in one of our blogs, or even on a billboard to help promote your business and Reetzy’s.
This also means that Reetzy can remove and discard any items or content within the Service, for any reason, including, without limitation, sold items, lack of use for a period of time, or if Reetzy in sole discretion believes that you have violated or acted inconsistently with in-house rules of these Terms of Service. Important: Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities.
- Reporting Unauthorized Content. Reetzy has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us through email at [email protected] If your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
- Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Reetzy’s Services (for legal reasons or otherwise). You agree that you will not post and send (in message) any content that is abusive, libelous, racially hateful, pornographic, threatening, defamatory, obscene, vulgar, or otherwise offensive, or in violation of our Prohibited Items Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
- When you delete your content, it is deleted in a manner similar to emptying the recycle bin on a computer or a smartphone. However, you understand that removed content may remain in backup copies for a reasonable period of time (but will not be available to others).
Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft, or any other crimes against Reetzy, another Reetzy user, or a third party.
- No Counterfeits. We take this very seriously. You may not list, or sell, or buy designer replicas or derivatives – including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented in or on the item.
- Pay Your Bills. You are responsible for paying all fees that you owe to Reetzy. Additionally, Reetzy can make changes to our fees at any time, without notice and in our sole discretion, and any changes are effective upon the posting of such changes. Reetzy also reserves the right to cancel any promotion, discount, coupon, or similar incentive before its originally stated expiration date. In the event Reetzy introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are also solely responsible for reporting, collecting and/or paying any applicable local taxes for any purchases or sales you make through our Services in a timely manner with a valid payment method. You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.
- Don’t Steal Our Stuff. The contents including the photos, videos, written scripts or any other form of contents that are on Reetzy’s Service are intangible assets that Reetzy owns as intellectual property. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer, copy, disassemble, modify, create a derivative works of the Service, any updates, attempt to obtain the source code of the Services. You also may not distribute these contents to reuse it on places other than Reetzy’s Service itself. The only boundary of right you have to reuse our contents is by the features we provide to share the contents to your social network or through message or email.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code. You also agree not to manipulate, display, or access the Website or any materials or information found thereon using “framing,” “deep linking.” or similar techniques that bypass or circumnavigate the intended architecture and layout of the Website.
- Don’t Try to Harm Our Members. You agree not to harass, bully, intimidate, annoy, defame, stalk, harm, threaten, or otherwise engage in abusive behavior towards others, including contacting, advertising to, or soliciting any other user without prior explicit consent, or using an automated system to send comments or messages to others. You will not post content that is hate speech, objectionable, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You also agree to refrain from posting or communicating with unauthorized advertisement, promotional materials, commercial communications, junk mail, spam, contests, pyramid schemes, sweepstakes, or any form of solicitation.
- Follow Our Trademark Policy. The name “Reetzy,” and the other Reetzy marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks of Reetzy in the U.S. and other countries.
- Carefully Use Images and Videos You Have Posted on Reetzy Elsewhere. If you choose to display your own Reetzy-hosted image or video files on another website, the image or video must provide a link back to its listing page on Reetzy, either in file itself or description linked to the files.
- Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Reetzy (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Talk to Us Online. Reetzy will provide you with certain legal information in writing. We can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and your electronic agreement is the same as your signature on paper.
Reetzy may contact Users to verify user’s information if Reetzy suspects any prohibited activities or conducts have occurred in or in relations to user’s account. Reetzy may refuse a user access or suspend a user from all or part of the Service until verification has been completed. Also, Reetzy will not be obligated to refund any payments or provide any compensation in connection with acts taken by Reetzy in accordance with this Agreement.
- Violates any law or government regulation, or promotes or facilitates such action by third parties;
- We take this very seriously. You may not list or sell or buy designer replicas or derivatives – including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented in or on the item;
- Is fraudulent, deceptive, unfair, or predatory;
- Causes or threatens to damage Reetzy’s reputation;
- Results in or creates a significant risk of chargebacks, penalties, damanges or other harm or liability;
- Violates the terms of any card or electronic funds transfer network;
- Or involves any of the Prohibited Items in the FAQ.
Buying and Selling
By listing an item for sale on the Website, and in your communication with Reetzy users, you warrant and represent that (a) you and all aspects of the item comply with the Agreement; (b) you have the legal right to sell the item; (c) your item falls under the category that Reetzy allows for sale; (d) you will not arrange for any swap or trade items with other members on Reetzy; (e) the description and depiction of the item, including any damage, is complete, truthful, and accurate; and (f) the item is listed in the appropriate category. Your listings may only include text descriptions, graphics, photos, images, videos, and other content relevant to the sale of that item. (g) Each unique item must have its own listing.
You need to understand that all sales are binding. The seller is responsible for accurately listing and communicating about their items, and the buyer is responsible for reading the item description, and asking the seller about details before making a purchase. The seller is obligated to ship the order within 7 days of buyer’s purchase to complete the transaction with the buyer unless there is an exceptional circumstance. The buyer is obligated to deliver the appropriate payment for items purchased unless there is an exceptional circumstance.
If you do not complete a sale or purchase, your account and all listings may be suspended, restricted, and removed from the Website and Service at Reetzy’s sole discretion. You may request your account and listings to be reinstated, which Reetzy may do in its sole discretion.
Let’s be fair. The price stated in each item listing description must be an accurate representation of the sale. Sellers may not alter the item’s price during or after a sale for the purpose of avoiding Reetzy transaction fees, misrepresent the item’s location, or use another user’s account without permission. If under Reetzy’s sold discretion, buyer or seller manipulates price for avoidance of Reetzy transaction fees, the user may be referred to appropriate law enforcement authorities.
Offers to buy or sell outside of the Website are a potential fraud risk for both buyers and sellers and are not protected by Reetzy’s buyer/seller protection programs. Additionally, these offers may be an attempt to avoid Reetzy transaction fees. This is unfair to other sellers and violates the Agreement, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee. You may not manipulate the price of any item or fees owed to Reetzy when using the Website, App, or Services.
Upon completing a sale, sellers will have access to the buyer’s full physical address. As a seller, you are strictly prohibited from using this personal information for any purposes other than completing the sales.
Reetzy, in its sole discretion, may place a hold on any earnings based on certain factors, including but not limited to, the sale of an expensive item, designer brand item, for up to thirty days after the delivery date to ensure the buyer’s satisfaction and to protect the buyer from replica sales or other misrepresentations by the seller (including but not limited to condition, color, size, and style as displayed in the item description, photos, videos, and messages on the listing on our Website). The seller’s funds will automatically be released after the holding period if Reetzy is not alerted to any issues with the purchased item.
A seller shall not purchase a product Seller themselves has listed.
A buyer (Purchaser) shall not
1) place an order without the intent to purchase
2) Purchase goods for a commercial purpose (e.g. resale), or
3) Place any order that is determined by Reetzy to be fraudulent, illegal, and not following Reetzy’s Terms. Reetzy reserves the right to cancel or suspend any transaction or account it suspects may be fraudulent, otherwise illegal or is the result of unauthorized access to the Service.
Sales contract Formation:
A sales contract for a product will be formed with the Seller when the Buyer (Purchaser) completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Purchaser. The Seller and Purchaser shall not assign to a third party, provide as security, or otherwise disposes of their rights and obligations arising under such sales contract.
Payment by Buyer (Purchaser) and Shipping
If a sales contract is formed, the Buyer (Purchaser) shall pay the total amount of the product price and any applicable fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price, and if the shipping will be paid by the Buyer (Purchaser), the product will be shipped after the Buyer (Purchaser) pays the product price and shipping fee. A seller shall ship a product after the Buyer (Purchaser) has completed her/his payment.
Cancellation of a Transaction
As all sales are binding, cancellation of a transaction is not permitted once the product has been ordered by a Buyer (Purchaser), except as required by applicable law or regulation. However, Reetzy may allow the cancellation of an order if the Buyer (Purchaser) does not make a payment or does not pay in time, the Buyer (Purchaser) receives an item that is not as described in the listing, is sent the wrong item, is sent a damaged item, or for other reasons Reetzy in sole discretion deems appropriate. If a Buyer (Purchaser) receives an item that’s not as described in the listing or is sent the wrong item, the Buyer (Purchaser) must report the problem to us within 3 days of delivery, or within such longer time period as required under applicable law or regulation, through Help Center Section. In such a case, the Buyer (Purchaser) must NOT rate the Seller. Items may be returned to the Seller, as Reetzy permits, for a refund. Sellers accept that Reetzy in sole discretion can approve the return request, and in these ‘item not as described in the listing’, ‘wrong item sent’ or ‘damaged item received’ cases, will take returns of your order.
Purchases and Payment Procedure
Any payment by a Buyer (Purchaser) in connection with the Service shall be made through Reetzy and its payment processor and the details of such payment or settlement shall be subject to the rules and policies set forth in the Help Center Section.
By agreeing to these Terms, you authorize Reetzy and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. When Purchaser requests to make a purchase, Reetzy processes such transaction on behalf of the Seller, and Buyer (Purchaser) authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Purchaser’s Payment Instrument.
Seller agrees that Reetzy and its designated payment processor act as agents for the Seller in processing payments for purchases. A Purchaser’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by Reetzy of the purchase price (except for Purchaser’s obligations in the event of a chargeback or other payment reversal).
You, as a Buyer (Purchaser), agree that your purchases made through the Service are transactions between you and the Seller, not with Reetzy or its affiliates. You also agree that Reetzy shall not have any liability to you for any payments made through Reetzy’s designated payment processor. Payments to Sellers shall be made through Reetzy.
When user ratings by both a Buyer (Purchaser) and a Seller are complete, Reetzy and its designated payment processor will process the payment to Seller. Reetzy will make commercially reasonable efforts to credit Seller’s earnings balance with Reetzy within ten (10) days of receipt of the settled payment proceeds by Reetzy. Receipts may not be issued to users for payments made or received on the Service, except as required by applicable law or regulation.
When a Seller purchases products related to shipping (shipping insurance and signature confirmation), cost related to these products will be deducted from the amount released to the seller at the time of transfer. Seller understands that when they purchase shipping insurance and signature confirmation on Reetzy, they are not purchasing from Reetzy, but are purchasing product and services from third party services that provides those services. Reetzy has partnered with those services to provide these services on Reetzy’s website, App and Services. The Terms related to those Services can be found below.
Reetzy uses Paypal for payment processing services. By using the Paypal services you agree to the Paypal Services Agreement, and the applicable bank agreements.
Once a product has been received by a Buyer (Purchaser), the Buyer (Purchaser) shall promptly rate the Seller. Once the Purchaser has rated the Seller, the Seller shall promptly rate the Purchaser.
Sellers agree to pay Reetzy the applicable “Sales Commission”, which is defined in the Help Center Section, when the transaction for the goods is complete. If applicable, the Sales Commission amount is displayed when Seller lists a product. If the Seller chooses to use the shipping label provided by Reetzy when listing a product, the Seller also agrees to have buyers pay for the applicable “Shipping Fee” to Reetzy. In return, Reetzy will provide Seller a pre-paid USPS shipping label to ship seller’s item.
Redeeming Earnings; Earnings Limitations
After a transaction is complete and goods have been delivered to the Buyer (Purchaser), and after both the Seller and the Buyer (Purchaser) have rated each other, Seller may request to redeem his or her earnings balance. Reetzy or its processors or banks may impose additional limitations on the dollar amount or frequency of redemptions of earnings; these limitations are subject to change without notice.
Ratings need to be provided by the Buyer (Purchaser) and the Seller in order for the Seller to receive his or her earnings. Reetzy shall transfer earnings to Seller’s bank account upon Seller’s request. Reetzy may ask for Seller’s User Information to secure the transfer, and may retain the earnings until Seller’s User Information has been verified and confirmed.
A Seller whose User Information has not been verified and confirmed by Reetzy may not complete a sale through the Service that would result in an Account earnings balance in excess of $2,500 (two thousand five hundred dollars) on any day, as calculated by Reetzy in its discretion.
Reetzy and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with Reetzy. You assign to Reetzy the right to earn interest on earnings or other funds maintained with Reetzy and its bank, in consideration of your use of the Service.
Reetzy gives 4-day window for buyers to request a return of their purchase on Reetzy (only for items not as described as in the listing), and 3 additional days to ship the item to the seller, if a buyer wins the case. If these dates for return are not followed, Reetzy reserves the full right to deny return service to the buyer.
In order to maintain Reetzy a safe and trustworthy marketplace, we try our best to screen each item for its authenticity, appropriate information, and category. If we need additional photos from seller to verify item’s authenticity and the requirements for appropriate listing, we will ask the seller to provide additional photos and the seller must respond within 1 day after the request has been sent. If seller does not respond to our request within 1 day, Reetzy reserves the full right to restrict a listing or delete it from Reetzy’s Services, and cancel any related transactions. That being said, if you try to sell a counterfeit item on Reetzy, we reserve the right to restrict, or suspend your account without any notice to you. In addition, items Reetzy determines are counterfeits will not be returned to the seller, but will be destroyed at our will. Also, if you have sold a counterfeit item on Reetzy and we have already released your earning, we reserve the right to take money out of your bank account as well as Reetzy’s store credit to cover the cost of your buyer’s purchase price. By selling on Reetzy, you agree that your item is authentic and you give us the right to follow our procedures listed above to ensure we have a clean and safe marketplace.
Reetzy reserves the rights to refrain from certifying listed items should we believe we will not be able to authenticate or evaluate the item. Although very rare, there may be a circumstance where an item on Reetzy is inauthentic. In this case, Reetzy cannot and does not make any warranties about listed item’s quality, safety, authenticity, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Reetzy from any claims related to items sold through our Services, including for defective items, inauthentic items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
When purchasing an item, you agree that: (a) you are responsible for reading the full item listing before committing to purchase; (b) you are responsible for contacting the seller to review any missing details on listing about an item (c) you enter into a legally binding contract with the seller to purchase his or her items when you commit to purchase the item; and (d) Reetzy is not a party to the contract and does not transfer legal ownership of the item from seller to you.
To ensure that Reetzy stay a safe marketplace platform, Reetzy will not have access, therefore, is not responsible for any transactions (both financial and item) that occur outside of Service. As we strive to best serve activities on our website, we require that you will sell your items that are listed on Reetzy only through Reetzy’s payment gateways. As buyers, you also agree that you will not ask personal information (including, but not limited to email address, phone number, physical address [before purchase has been made through Reetzy], social media accounts [Facebook, Twitter, Pinterest, WhatsApp, etc] from seller. This means that as Reetzy member, you will not communicate outside of our Service to buy and sell the item listed in our Service, and also that you will not personally meet each other to purchase and sell your item. We, therefore are not responsible for any disputes or transactions that occur outside of our Service. To make Reetzy a safe marketplace and community for all members, we reserve the right to terminate, restrict, or suspend an account in our sole discretion, if we suspect any signs of asking personal information or attempt to communicate and transact through any external means.
Third Party Services and external linked websites
Termination by You: We hate to see you go, but you may terminate your account with Reetzy at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Terminating your account also means you will no longer be able to use your remaining Reetzy credit on your account. Another important issue: You still have to pay any outstanding bills and fees, if any, relating to your use of the Service incurred prior to termination.
Termination by Reetzy: We may terminate, restrict, or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice or any refunding fees. This means that Reetzy reserves the right, in its sole discretion, to terminate, suspend, restrict accounts that Reetzy suspect are: 1) Unconfirmed or inactive accounts; 2) Is in breach of, or are attempting to breach, or are acting inconsistently with the terms and spirit of this Agreement; 3) Unable to verify or authenticate any of your personal information or any inputs or contents that you have submitted; 4) show activities on or in relation to the Website may violate applicable law; 5) have failed to pay a fee; 6) may cause legal liability or financial loss to Reety’s users or to Reetzy; 7) any other reason at any time. This means that our Services are not available to temporarily or indefinitely suspended Reetzy users. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy, or use any services on our website. If you or Reetzy terminate your account, you may lose any information associated with your account, including your Contents. If Reetzy terminates a listing or your account, if you close your account, or if the payment of your Reetzy fees cannot be completed for any reason, you remain obligated to pay Reetzy for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel or charging any payment method associated with your account).
Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional Reetzy policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.
We May Discontinue the Services: Reetzy reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival: The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability
Items You Purchase. You understand that Reetzy does not manufacture, store or physically inspect any of the items sold through our Services. We provide the venue and open marketplace; the items in our marketplace are produced and sold directly by independent sellers, so Reetzy cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Reetzy from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive, deceptive, inaccurate, or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Reetzy, or all Reetzy affiliates, is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Service to interact with other individuals, only online. You may also be involved with risks of dealing with an underaged person, acting under false pretense. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
|Warranties. Reetzy is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (expressed or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
REETZY, INC. is NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. REETZY, INC. HAVE NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
Liability Limits. To the fullest extent permitted by law, neither Reetzy, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Reetzy’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Reetzy in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
We hope this never happens, but if Reetzy gets sued because of something that you did, you agree to defend and indemnify us. That means you will defend Reetzy (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of Reetzy’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Sellers agree to resolve any disputes directly with the Purchaser according to our Seller Policy and Terms. In the event that a dispute is escalated to Reetzy, we reserve the right to issue a refund to a Purchaser if a transaction is found to be in violation of Reetzy’s Terms.
In the event that a Buyer (Purchaser) submits a chargeback, Reetzy will respond to the credit card networks as the merchant of record on behalf of the Seller involved in the transaction; the Seller agrees to provide any requested information to us within five calendar days of the request. Reetzy reserves the right to recoup funds associated with Buyer (Purchaser) chargebacks or refunds through any legal means.
Returns of prohibited items to Sellers are not allowed. Buyers (Purchasers) may be eligible for refunds after the goods are destroyed. Sellers will not be reimbursed for prohibited items.
Reetzy reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Website or Services. Reetzy will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion, but ultimately, the problem shall be resolved by such users at their own cost. We will not make judgments regarding legal issues or claims. Reetzy may join the discussion at its discretion. After a transaction is processed, Reetzy is the final arbitrator for disputes between users and Reetzy shall not bear any liability related to such disputes. Reetzy has no obligation to resolve any disputes, and you agree to release Reetzy, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages (actual and consequential) for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more users, or an outside party. Although we provide rules for user conduct, we do not control or direct users’ actions on Reetzy and thus are not responsible for the content or information users transmit or share on Reetzy. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Reetzy. We are not responsible for the conduct, whether online or offline, of any user of Reetzy. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Article, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Article or Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Article. The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Reetzy, Inc. Attn: Copyright Agent, 1290-B Reamwood Avenue, Sunnyvale, California, 94089.
For claims under $10,000, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place at a mutually-agreeable location or, if user and Reetzy are unable to agree, in Santa Clara County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Reetzy user to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Article.
Disputes with Reetzy
If you’re upset with us, let us know, and hopefully, we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
- Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
- Arbitration. You and Reetzy agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Reetzy are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
- Forum. We’re based in Sunnyvale, California, so any legal action against Reetzy related to our Services must be filed and take place in Sunnyvale. That means the seat of any arbitration shall be Sunnyvale. For any actions not subject to arbitration, you and Reetzy agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California, or the United States District Court for the California.
Third Party Services
You may register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your Reetzy account, enabling a richer Reetzy experience and personalized service. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Reetzy shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance and agreement of the updated Terms. If you do not agree to the modified Terms, your sole and exclusive remedy is to terminate your Account and you may no longer use the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Some Additional Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Reetzy regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Modifications to Service: Reetzy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Reetzy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.