AGREEMENT TO TERMS
as well as any mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
NDC is a technology platform that provides an online second hand premium and luxury apparel marketplace in which consumers and boutiques can list and sell their fashion items; buyers can browse and purchase items. A user may be both a seller and buyer. All purchases are made directly between the buyer and seller. Next Door Closet is not an auctioneer, seller or carrier. The Service includes pricing before tax and shipping charges. We will also help facilitate the resolution of disputes between our Sellers and Buyers. Next Door closet has no control or liability over, does not guarantee 1) the quality, safety, authenticity or legality of items advertised, 2) the truth of accuracy of sellers contents or listings, 3) the ability of sellers to sell items through Next Door Closet within shipping windows 4) the ability of buyers to pay for items purchased through Next Door Closet or 5) a buyer or seller will actually complete a transaction, coordinate a seamless delivery and shipping. Third Party Services
You may create your account by connecting through a third party service such as Facebook or your email. You are authorizing us to use public information from that connected account to help complete your Next Door Closet profile. We collect and store this information and use it to help you connect to our Site. Connecting your NDC account to a third party service is optional, and you will have the opportunity to grant permission when you attempt to connect. Please remember that the manner in which the Third Party Service uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that Third party service including its privacy and data gathering practices. Next Door closet 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. In addition, Next Door Closet is not responsible for the reliability, accuracy or availability of any information, content, goods, data, opinions or advices made in connection with the third party services. Registration and obligation
Through your account settings, you may access and edit the following information: name and password, shipping address, billing address, and email address. You are responsible for maintaining the confidentiality of your password and account including all activities that occur under your account.Security
When you access Next Door Closet App through a mobile device, your service carrier standard charges, data charges and other fees may apply. Not all mobile services with all carriers or devices may work. You agree and acknowledge that your use of NDC must be in accordance the usage rules established by your mobile device platform and carrier provider. Use License
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 Next Door Closet. Next Door Closet reserves the right to investigate and take appropriate legal action against anyone who, in Next Door Closet'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 Next Door Closet, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Next Door Closet 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; orviolate any applicable local, state, national or international law, or any regulations having the force of law;engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.
; or any similar consumer protection, anti-spam, data protection, or privacy legislation in any jurisdiction;further or promote any criminal activity or enterprise or provide instructional information about illegal activities; orobtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the ServicePayments:
Buyers may pay items using credit cards, visa debit, (wechat pay?) If you submit your payment information through Next Door Closet, then you authorize NDC to store that payment information and charge your payment method for any item you purchase. Return, Refunds, Disputes
Next Door Closets does not allow any returns or refunds. No cancellation is available as all items are deemed as final sale. Final sale is considered once buyer places the order. Exception will be made if there is an issue with the product. If there is a dispute between you and NDC, NDC will have no obligation to pay any payout or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. NDC may withhold any payout earnings due to you (including any due for sold items of Property not subject to the dispute) in full or partial satisfaction of any amounts you owe to NDC. You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with Next Door Closet will have no liability or responsibility with respect thereto. Next Door Closet reserves the right but has no obligation, to become involved in any way with disputes between you and another other user of NDC. Payment remittance:
Once your item is sold and the buyer approves the satisfaction of the item within 72 hours, you’ll receive your payout in your account after 14 business days. Your payout will be based on the final selling price excluding taxes, processing fees that may incur. Payouts may be adjusted accordingly if your item is purchased using a discount offer. Payout calculations may be subject to change from time to time without notice. Liability
YOU UNDERSTAND AND AGREE THAT NEXT DOOR CLOSET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSESPrivacy and Confidentiality
We collect your personal information in order to provide and continually improve our services, We may collect and may not be limited to includes:Your name and email address when signing up to create an accountYour credit card information when completing an orderYour shipping and billing address when completing an orderIdentifier and other technical information, such as your browser information, operating system information, device information, IP address, and the date, time, length of stay and specific pages accessed during your interactions with the Services We maintain our databases to store your personal information and may retain it as reasonably required to serve you and operate the Services. Personal information that we collect depends on how you use the Services. Providing your personal information to us is your choice. If you choose not to provide us with certain personal information, you may not be able to take advantage of many features of the ServicesWe may aggregate your personal information with information collected from other users to (i) provide you with a better experience, (ii) improve the quality and value of the Service and (iii) analyze and understand how our Services are used. Opting Out
If you decide you do not want to receive marketing emails, you can select to “opt-out” by following the unsubscribe instructions in the email. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through Next Door Closet or to respond to your specific request, such as password recoveryTermination
You agree that Next Door Closet, in its sole discretion, may suspend or terminate your account or any part thereof or use of the Service and remove and discard any items or content within the Service for any reason, including, without limitation, for lack of use or if Next Door Closet believes that you have violated or acted inconsistently with the letter or spirit of these Terms. 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. Next Door Closet may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Next Door Closet may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Next Door Closet shall not be liable to you or any third-party for any termination of your access to the Service.Referral Program
Registered Next Door Closet members may earn a maximum $25 credit towards their following Next Door Closet purchase by referring new customers to Next Door Closet through our referral program. If you are a registered NDC member you must agree to these terms. You will be assigned to a referral link/ or code which can be shared to first time users who have not previously signed up for an NDC account. Each new customer you refer who clicks on your personal referral link will receive a Referral Credit prior to the Referral Credit’s expiration date. You will receive the amount specified on our referral page at the time of the referral credited to your NDC account (“Referral Credit”) after a referred customer has completed their first Qualifying Action. To qualify for a Referral Program and to earn Referral Credit, the referred customer must be a new NDC customer and must use a Referral Program link to make a first-time purchase. . A referred friend may only use one referral link. If a referred friend receives referral links from multiple NDC users, only the corresponding NDC user of the referral link and corresponding promo code used by the referred friend will receive credit
This Referral Program is subject to restriction, modification, suspension or termination at any time upon notice to you in NDC’s sole discretion. NDC may suspend or terminate the Referral Program or your ability to participate in the Referral Program at any time for any reason. If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these Terms or posting a change to our referral program page. All Referral Credits are voided immediately upon termination of our referral program. We reserve the right to suspend accounts or remove credits if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals as deemed fair and appropriate. We can update these Terms at any time without prior notice.Buyers:
You are responsible for reading the full item listing before making an offer. When your purchase is accepted, you have a contract with the seller. If an item shipped with a label is lost, damaged or arrives later than expected or wrong item, Next Door Closet have no obligation to you however please report the issue to us through our customer support email within 72 hours of delivery of the purchased item.Sellers
Once your items have either been photographed or uploaded on our NDC App, NDC will then approve or deny your items following the guidelines and brands allowed on our platform prior to listing on our platform. Once approved, your items will be listed for sale. Listing prices are determined by many factors, including the estimated retail price, brand, seasonality, and quality of each item. Once your item is listed and approved you can change the listing price of your item at any time no lesser than x dollar value. You will continue to own and have title to each item of Property that we have accepted until that item is “sold
“. An accepted item will be considered sold when: an item is sold by NDC Seller to a customer and not returned to NDC within the buyer satisfaction approval window. You acknowledge and understand that Next Door Closet is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. Next Door Closet cooperates fully with law enforcement and brands seeking to track down the source of counterfeit itemsYou are responsible for ensuring the authenticity of all Property you provide to us Next Door Closet authentication process is proprietary and independent. If Next Door Closet cannot verify the authenticity of an item or it does not otherwise meet our authenticity standards, we reserve the right in our sole discretion to refuse to accept the item. Next Door Closet reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws. You acknowledge and agree that any item determined by Next Door Closet to be counterfeit will not be returned to you and will be destroyed
Sellers are responsible for paying Next Door Closet’s commission and processing fee as well as all taxes imposed or measured by Seller’s next income, net profiles, income, profits, and or revenues associated with the sale of any items through the service.Sellers have the right to sell the items that you make available for sale once approved. You must describe your item including original price and all terms of sale in your listing truthfully, accurately and completely. Indemnity
You agree to release, indemnify and hold Next Door Closet and it affiliates and their employees harmless from any and all losses, damages, expenses including attorney fees, rights, claims, actions of any kind, injury including death arising out of or relation to your use of Next Door Closet including any sale or purchase of any items, user content, your connection to the service, your violation of these terms or your rights of another. You will have no obligation to indemnify, hold harmless any indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such indemnitee. Notwithstanding anything to the contrary in the Arbitration Agreement, the Arbitration Act
British Columbia International Commercial Arbitration Centre (“BCICAC”). If there is an inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.these Terms shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the provincial courts in Vancouver, British Columbia and waive any objection to such jurisdiction or venue.English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the notification.