Terms & Conditions


Terms and Conditions

Welcome

1.1 Welcome

Welcome to Again with Love! Again with Love referred to as 'Again' hereafter, operates a social marketplace which allows the user to buy and sell clothes and accessories using our website, pop up shops and social media channels, which we make available via againwithlove.com . Access to or use of our website or the Again application and Pop Up service, which constitute “The Service”, (which includes our blog and any page that is enabled for use by a mobile device) are subject to you accepting the Terms and Conditions.

1.2 Your Consent

This document and any documents referred to in this document consist of the Terms and Conditions of your relationship with us. It is important that you read and understand all documents and policies before using the The Service. If there is anything within them that you do not understand, then please contact us at hello@againwithlove.com to discuss further.

By accessing and using The Service and/or setting up an account with us you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions please do not browse or otherwise access or use The Service.

We may revise these Terms, our Data Protection, Privacy Policy and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to the Terms of Use and Privacy Policy as revised. We will always post the most current version on our website. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

1.3 Information about us

The Service (defined below) is run by Eileen Dunbar trading as Again or Again with Love (“we”,”us” or “our”). Again is incorporated in Ireland with its registered offices at Riverchapel, Courtown, Gorey, Co. Wexford. For the purposes of the Data Protection Act 1998, Again is the data controller.

1.4 Information about you

Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you.

1.5 Access to and use of The Service

By providing us with your email address, you consent to our using that email address to send you Service related notices, including any notices required by law, in lieu of communication by post. This will include notifications about leaving feedback on completion of a transaction as feedback is an integral part of the Service; this specific notification is not available for opting out. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.

  1. You must be at least 16 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service.
  2. You may connect to our Service with third-party services approved by us (e.g., Facebook) and you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.
  3. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account or your payment details may have been misused, you should contact us at hello@againwithlove.com straight away to let us know.

1.6 Restrictions on right to use

You agree that you shall not (and you agree not to allow any third party to):

  1. Modify, adapt, translate, or reverse engineer any portion of the Service;
  2. Remove any copyright, trade mark or other proprietary rights notices contained in or on the Service and/or in or on any Content or other material obtained via the Service;
  3. Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service
  4. Access, retrieve or index any portion of the Service and/or for purposes of constructing or populating any database;
  5. Collect any information about other users or users of the Service and/or (including User Identifiers) for any purpose other than to use the Service for the purposes of responding to advertisements or to use the mobile application and the Service in the manner intended by us;
  6. Reformat or frame any portion of the web pages that are part of the Service;
  7. Create user accounts by automated means or under false or fraudulent pretenses or create multiple log ins;
  8. Create or transmit unwanted electronic communications such as ‘spam’ to other users of the Service or otherwise interfere with other user's enjoyment of the Service;
  9. Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  10. Use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  11. Copy or store any Content offered on the Service for other than your own use;
  12. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  13. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  14. Use the Service, intentionally or unintentionally, to violate any applicable law;
  15. Collect or store personal data about other users in connection with the prohibited activities described in this section of the Terms and Conditions;
  16. Engage in or promote any of the following (or what we deem similar): surveys, contests, pyramid schemes, chain letters, get rich quick promotions, profit sharing promotions, unsolicited emailing or spamming via the mobile application and the Service;
  17. Impersonate any person or entity;
  18. Upload, post, email, transmit or otherwise make available using the mobile application and the Service any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights;
  19. Attempt to gain unauthorised access to the Service, its facilities and/or services or any accounts, computer systems and networks connected to any Again application, its facilities and/or services through hacking, password miming or any other means;
  20. Post or use any material that is obscene, defamatory, seditious, indecent, offensive, incite racial hatred or incite a crime, or is scandalous or inappropriate;
  21. Harvest of otherwise collect by any means any programme material or information from the Service unless authorised under the Terms and Conditions or to monitor, mirror or copy any content of the Website and the Service without our prior written consent;
  22. Identify or speculate as to the identity of any anonymous or pseudonymous user; or
  23. Solicit passwords or personally identifying information for commercial or unlawful purposes.
  24. We reserve the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any Content posted or submitted by you at any time and without notice to you. We reserve the right to monitor and to review all Content submitted to us, accessed on or published on the Service at any time.

 1.7 Again with Love and Website (The Service)

Again with Love allows you to buy and sell new and pre-loved women's clothing and accessories

It’s the new way to manage your style. Clear out your closet, to make money and more space.

You can find out more information about our Service and its features by visiting the website where a detailed list of Frequently Asked Questions are available.        

  1. You can sell your items through our Service by publishing pictures of the item you want to sell.
  2. As a buyer, items must only be purchased using Again’s approved methods of payment and all purchase and sales transactions must take place within the Service.
  3. As a part of the Service, Again offers you a secure method for purchase and sales transactions using Shopify Payments, a globally renowned payment processor.
  4. Please note that Again, through the use of 'Again with Love is an independent reseller of like-new clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third party brand names and logos used in any commercial context by Again are trademarks and/or registered trademarks of their respective holders.
  5. To safeguard the interests of our users, you are not permitted to sell or purchase an item by making direct arrangements with the buyer or the seller or to use a payment method other than the approved methods available through the Service. Please note that selling or purchasing an item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service.
  6. We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the sale or purchase of an Item.
  7. Any purchase you make of an item is solely between you and the seller. Complaints, questions and claims related to an item should be directed to the seller. Where users cannot resolve issues relating to a sale transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process.
  8. We have no obligation to monitor or moderate any user's activity or use of the Website and the Service, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with the Terms and Conditions or otherwise.
  9. You understand that, except for information, products or services clearly identified as being supplied by us, we do not operate, control or endorse any information, products or services on the Internet in any way. Except where identified otherwise, all information, products and services offered through the Website and the Service or on the Internet generally are offered by third parties that are not affiliated with us. You also understand that we do not guarantee or warrant that files available for downloading through the Website and the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website and the Service for the reconstruction of any lost data.
  10. We advise all users to the Service to read in full the Tutorials and Frequently Asked Questions Categories and its contents or articles, outlined in the Help section of the Again Application, for clear understanding of how the system and market is operated.  

 1.8 Your Content

  1. You confirm that images, sounds, text or information that you submit or create whilst using the Service will meet the Rules of Acceptable Use. (See 1.9 below)
  2. You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the “User Content” (User Content/Content includes items listed by users and content contributed by users), anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
  3. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.
  4. We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of Again.

1.9 Rules of Acceptable Use

  1. In addition to the other requirements within these Terms, this clause describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
  2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
  3. When using the Service you must not:
    1. create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise;
    2. give any false or misleading information in your Account details;
    3. permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you;
    4. use the Service if we have suspended or banned you from using it;
    5. send junk, spam or repetitive messages;
    6. engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of items (including import and export rules and illegal products);
    7. modify, interfere, intercept, disrupt or hack the Service;
    8. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;
    9. collect any data from the Service other than in accordance with these Terms and Conditions;
    10. submit or contribute any User Content (including comments and descriptions relating to Items) that contains nudity or violence, is abusive, threatening, harassing, obscene, misleading, untrue, offensive, derogatory or uses bad or rude language;
    11. unfairly or unlawfully interfere or manipulate any ratings system or user feedback system;
    12. submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or
    13. offer to sell or buy any of the items we list as prohibited items; or
    14. purchase or sell an item by making direct arrangements with the buyer or the seller to use a payment method other than the approved payment methods available through the Service;
    15. take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us;
    16. submit or contribute any information or commentary about another person without that person's permission.
  4. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms, and may result in our taking all or any of the following actions (with or without notice):
    1. immediate, temporary or permanent withdrawal of your right to use our Service;
    2. immediate, temporary or permanent removal of any User Content (including the removal of Items listed on the Service);
    3. issuing of a warning to you;
    4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as may be required by Law.
  5. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Items listed on the Service) without notice to you.

 1.10 Responsibility

 You are personally responsible for the Content appearing in any of your advertisements and for the goods sold following advertisement. We are not responsible for the goods appearing on the Service or the Service that you advertise or purchase, nor are we responsible for the Content appearing in any of the advertisements. To the extent permitted by law we disclaim all liability and responsibility arising from any reliance placed on the content of any advertisement by any user of the Service. Please see 1.34 for responsibility relating to the use of our Consignment Service.

The Service is only a Venue and Again is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on Again's marketplace: The Service acts as an open marketplace for users to interact with other users to buy and sell fashion items. Again is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on Again'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 Again. Again does not control the behaviour 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, Again 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. Where an item is sent for a Free authentication we will ensure the item is as described and will guarantee authentication. We cannot assure that all transactions will be completed. Again reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Again and its users from illegal or wrongful activities.

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SERVICE, 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. 

 1.11 Your interaction with other users

  1. We have no obligation to monitor material provided by any users when they are connected to the Service.
  2. Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.
  3. We accept no responsibility for transactions that take place on the Service. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
  4. As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.
  5. When users are involved in a transaction, information such as each other's username, email address, postal information and financial information may be exchanged between the users. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
    1. You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
    2. Again transaction related purposes that are not unsolicited commercial communications;
    3. using services offered through Again; and
    4. other purposes that a user expressly agrees to.
    5. Although we cannot monitor the conduct of its users off-line, it is a violation of the Terms and Conditions to use any information obtained from the Service in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or person without their prior expressive consent.

1.12 Seller commission

The seller of any item will pay us a commission on the total transaction amount received by the seller (including VAT, if any, and shipping costs) in respect of any sale transaction.

Our commission charge ensures that we are able to have a support team that can assist our community. Our goal is to make Again a place where buying and selling is easy for our users and they do not have to worry about the technicalities when a transaction is made.

Consignment commission is based on a payout schedule set on the range applicable on sale of an item. See our FAQs for more information on this service.

1.13 Intellectual, Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this mobile application and Service remains the property of Again or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Again and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. 

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Again or its licensors. Again and Againwithlove.com is the trade mark belonging to Eileen Dunbar. No licence or consent is granted to you to use this trade mark in any way, and you agree not to use this trade mark or any mark which is colourably similar without the written permission of Again. 

1.14 Prohibitions

You must not misuse this Service. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Service. Again will report any such breach to the relevant law enforcement authorities and disclose your identity to them. 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Service or to your downloading of any material posted on it, or on any website linked to it. 

The use of automated systems or software to extract data from this mobile application for commercial purposes, ('screen scraping') is prohibited without license.

1.15 Notice and Takedown Policy

  1. Any person may contact us by sending us an "Infringement Notice" if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent to our support desk:hello@againwithlove.com. Please provide the information described below in the Infringement Notice:
    1. your name and contact details;
    2. a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
    3. a link to or such other means of identifying the problematic content.
  2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

1.16 Ending our relationship

  1. If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to the Terms and Conditions or the Service, you must immediately stop using the Service.
  2. If you wish to end your use of the Service, please contact us at hello@againwithlove.com from the email address linked to your account and ask us to deactivate your Account.
  3. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms we set for accessing and using the Service including these Terms and Conditions.
  4. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your User Content.
  5. If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. Some personal data will be held for a period of 6 years, due to to current tax and accounting regulations. 
    • Disclaimer of Liability
  1. Again provides the mobile application and the Service on an ‘as is’ basis only. You should not rely on any Content and/or other material on the Service and/or the Again Service to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Content and/or materials by any user of the Service, or by anyone who may be informed of any of the Content. We accept no responsibility for keeping the information in the Service up to date or complete or liability for any failure to do so.
  • The Content and other material displayed on the Service is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Service or in connection with the use, inability to use, or results of the use of the Service, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • Nothing in the Terms and Conditions shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by the negligence of Again or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
  • We shall not be liable for any failure to perform any of our obligations under the Terms and Conditions caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Service.
  • Although we make all reasonable endeavours to ensure that the Service is free from viruses and defects, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.
  • We do not guarantee the security of the online services or any systems connected with the use of the Service (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Service or any systems used in accessing our services will be continuous or virus or error free.
  • Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the Terms and Conditions.

 

1.18 Indemnity

You agree to indemnify and hold Again and Again with Love, our parent (if any), subsidiaries, officers, directors, shareholders, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, legal and accounting costs resulting from, or alleged to result from, your access to or use of the mobile application and the Service or the Content in a manner that breaches or is alleged to breach the Terms and Conditions, or the infringement by you, or any third party using your user identification name or password, of any intellectual property or other right of any person or entity.

1.19 Disclaimer of endorsement

Content on the Service referring to any products, process or service by trade name, trade mark, manufacturer or otherwise, does not constitute or imply its endorsement, recommendation or validation by us. We have not independently verified the accuracy of any description of any goods or services advertised on the Service. The views, opinions and other Content posted by users on the Service are not ours, shall not be attributed to us by you and shall not be used by you for any advertising or product endorsement purposes unless we expressly authorise it.

 

1.21 Links to the Service

You may link to the Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission or in order to directly compete with the Service and redirect traffic from it. You must not establish a link from any website that is not owned by you.

We reserve the right to withdraw linking permission without notice. The Service (in whole or in part) must not be framed on any other website or in any other way altered or displayed in a different manner to the manner which we display it.

If you wish to make any use of material on the Service other than in the manner that is in the Terms and Conditions, including as set out above please contact us.

1.22 Links from the Service

Where the Service contains links to other websites and resources provided by Banner Advertisers, advertisers using the Service or other third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites you leave the Service and do so entirely at your own risk.

1.23 Contact from Us

In the course of providing you services and in respect of your use of the Service, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your order and necessary for the normal functioning of the Service, including emails which help inform users about functionality of the Service.

1.24 Privacy Policy

We respect your right to privacy and we comply with our obligations under the Data Protection Acts 1988, 2003 and 2018, as amended. The purpose of the Privacy Policy is to outline how we deal with any personal data you provide to us while visiting the mobile application and the Service, and it forms part of the Terms and Conditions. Naturally, if you are not happy with the Privacy Policy you should not use the Service.

Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

1.25 Governing law and jurisdiction

The Terms and Conditions shall be governed by, and construed in accordance with the Laws of the Republic of Ireland and any dispute which may arise out of or in connection with the terms or the legal relationship established by them, shall be subject to the exclusive jurisdiction of the Irish Courts, although we retain the right to bring proceedings against you for breach of the terms in your country of residence or any other relevant country. The rights and remedies contained in the terms are cumulative and not exclusive of rights or remedies provided by law.

1.26 Waiver

A failure to exercise or delay in exercising a right or remedy provided by the Terms and Conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by the terms or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.

1.27 Severability

In the event that any clause or any part of any clause in the Terms and Conditions is declared invalid or unenforceable, by the judgment or decree by consent or otherwise of a court of competent jurisdiction from whose decision no appeal is or can be taken, all other provisions contained in the terms shall remain in full force and effect and shall not be affected by such findings.

1.28 Contact, feedback and complaints

  1. If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us at hello@againwithlove.com
  2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
  3. You are solely responsible for your interactions with other users of the Service. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
  4. We will make all reasonable endeavours to respond to complaints received as soon as possible, however, please note that from time to time it may take longer than one working day to deal with complaints.

1.29 Dispute Resolution

If you have a dispute with us relating to the Service, in the first instance please contact us at hello@againwithlove.com, where we will attempt to resolve the issue informally.

 

We will exercise our sole discretion when evaluating a report about a transaction. If we find in favour of the buyer, we may reverse the initial sale transaction to refund the buyer.

If you report the item as 'not as described', we may require the buyer to send the item in dispute, at the buyer's expense to the seller, us or a third party designated by us.  

Whether you are a buyer or a seller of an item, you must co-operate with us throughout the dispute resolution process. You must provide any information relating to the dispute to us that we reasonably request. You must respond to any request for such information made within 48 hours of the request being made. If you fail to respond we may not continue with the investigation and may determine that the investigation is resolved in favour of the other party. The investigation may be closed and may not be reopened. Any response received after the 48 hours has expired will only be considered by us at our sole discretion.

1.30 Modification of terms

We reserve the right in our sole discretion to change and update the Terms and Conditions at any time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions of use that apply to your use of the mobile application and the Service. Any such changes will take effect immediately when posted on the mobile application and the Service. By continuing to access, browse and use the Service, you will be deemed to have agreed to any changes or updates to the Terms and Conditions of use. We reserve the right to change these Terms and Conditions of Use or policies regarding the use of the Service at any time and to notify you by posting an updated version of the terms of use on the Service. Please check the Terms and Conditions from time to time as your continued use of the Service means you accept the Terms and Conditions on the Service at the time of your use.

1.31 Changes to the Service

  1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
  2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("changes to the Service"). These changes to the Service may affect your past activities on the Service, features that you use and your User Content. Any changes to the Service could involve service elements being deleted or reset.
  3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your account by contacting us at hello@againwithlove.com

1.32 Advertisements on the Service

We and our selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy.

 

 

1.34 Consignment

After your Clean Out Bag has been processed, Again will inform you whether any of your items have been accepted and listed on our Services and whether such listed items qualify for consignment payout. Any such determinations, including without limitation: (i) whether an item is accepted or rejected, (ii) whether an accepted item is designated for consignment payout, (iii) the listing price for a consignment item, will be made in Again's sole discretion and may be based on a variety of factors including seasonality and the composition of our existing inventory. Again reserves the right to adjust its criteria for consignment payout eligibility at any time without notice.

We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our Customer Service by email at hello@againwithlove.com so that we can help you resolve the issue.

Consignment Payouts

Items that are accepted and listed on the consignment payout method are items that are generally in good condition and deemed saleable. Such items remain listed on the Website/mobile platform for consignment for up to 90 days. After the initial 7 days the item is listed, you may reclaim the consignment item if it has not sold or is not in a customer's shopping cart. After 90 days, your unsold listing will expire and you will have 14 days to reclaim your item. After the 14 day reclaim period, any unsold items will automatically become property of Again and you will not receive any further payout.

Again will set the initial listing price for consigned items in accordance with the market value, condition of the item and the suggested range received on the consignment form. You many not set the price higher than the estimated retail price. 

Once your consigned item is sold, you will be credited with your consignment payout according to our payout schedule, as described in our FAQ. 

For additional information on payouts and consignment, please visit our website footer for FAQs. All additional detail provided in the FAQs on consignment stands as a term and condition of use and it is the user's responsibility to ensure these FAQs are read fully. 

 

Return and Refund Policy Only

 

Secondhand items are final sale items and are non-returnable. 

Classification of final sale items are at Again’s sole discretion and can change without prior notice.

Consign Closet Return Assurance (Clean Out Bags)

You may choose to add Return Assurance for an additional fee for each Clean Out Bag you request. If you select Return Assurance, Again will return items that we do not accept. If you do not add Return Assurance to your Clean Out Bag, Again will not return unaccepted items and dispose accordingly. All accepted items will be listed and stored until sale, reclaim or post reclaim period, if not reclaim is made, become the property of Again. 

 

Shipping Policy

Dressup, its officers, directors, employees, affiliates, agents and/or representatives, shall not be liable for any loss or liability resulting, directly or indirectly, from delays, interruptions and/or inability to provide you access to the Website and/or Services, for any cause not within the control of Again, including without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes. Again shall have no responsibility to provide you access to the Website and/or Services, while interruption of the Website or Services due to any such cause shall continue. Any Clear Out Bag lost in transit en route to a Again's Consignment Centre is the sole responsibility of the seller/owner, we use trusted courier services to assist the seller and this information will be provided for hand over. Again will acknowledge receipt of a Clear Out Bag via email only on receipt at the Consignment Centre.

 

Transactions and Pricing

In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. 

While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Our reference prices are set by a seasoned team of merchants who monitor market prices for the brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.

Our inventory availability and listing prices are subject to change at any time without notice. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Dressup reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.

To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion.

Special Note on Authenticity for Consignment

Again prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. If Again cannot verify the authenticity of an item in your Clean Out Bag, it will not be listed regardless of its condition. If the authenticity is mistakenly established and listed, where this turns out not to be the case, Again will arrange to solve the issue with a solution within reason, that solution is at the sole discretion of Again. Please see our Acceptance and Quality Standards in the FAQs for more information.

Items Listed on Third-Party Platforms

Again reserves the right to list and sell any items on third-party platforms (including online auctions, omnichannel retail partners and other relevant distribution channels). Any seller payouts for items sold on third-party platforms will be consistent with our published payout schedule regardless of whether any surcharges are applied.

Estimated Retail Pricing for Secondhand Items

The estimated original retail price is based on a comparable item of the same quality, construction and material offered elsewhere in new condition. While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing. Our reference prices are set by a seasoned team who monitor market prices for the brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.

Authentication and Brands

You acknowledge and agree that Again's authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with Again in any manner. However, Again fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of users or consignors submitting counterfeit goods.