Terms of Service

Welcome to Destash. We hope you enjoy Application to buy and sell clothing for your children, but please follow the terms documented in this policy.

Definitions

In all instances in this document where the words below appear, with a capital letter, they shall have the associated meaning:

• Marketplace. Means services offered by Destash including website, mobile application and functionality they provide.
• Our Services. Means services offered by Destash including website, mobile application and functionality they provide.
• Our Content. Means source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics making up Our Services.
• Your Content. Means content that you provide using Our Services.
• Your Actions. Means actions taken using Our Services.
• User. Means any natural person or legal entity using Our Services for non-commercial purposes regardless of whether they have an account. For the avoidance of doubt, a Buyer or Seller shall not be considered as a User within these Terms and Conditions.
• Buyer. Means any natural person or legal entity using Our Services to purchase Product(s) for non-commercial purposes.
• Seller. Means any natural person or legal entity using Our Services to list and sell Product(s) for non-commercial purposes.
• Product. Means any kind of product sold using Our Services. Unless otherwise specified, all products sold using Our Services are second-hand products.
• Payment Provider. Means MangoPay, our third party provider of financial services used by the Marketplace to provide secure e-Wallet and payment functionality.
• Terms. Means this document and all other associated policies referenced within it.
• Order. An order is one or more Packages that together make up a purchase by a single Buyer and one or more Sellers.
• Package. A package is one or more Products that are purchased by a single Buyer and a single Seller in a single Currency.
• Product. A product is a single item which is being sold by a Seller.
• Bundle. A bundle is a Package containing multiple Products.
• Posted. The Package has been confirmed as being in transit.
• Received Unconfirmed. The carrier / tracking states that the Package has arrived at its destination or the Package has been in a Posted state for a 14 day period. The Buyer has not yet confirmed that the Package has been received OK.

Agreement

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Small Trading Company Limited, doing business and hereafter known as Destash, located at 85 Lyal Road, London, E3 5QQ, United Kingdom (we, us), concerning your access to and use of the Destash Website as well our mobile app, and any other related services.

By accessing Our Services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you may not use Our Services.

Other Policies

The other referenced documents we mentioned.

• The Privacy Policy has useful information about the information that we collect.
• The MangoPay Terms and Conditions details our Payment Providers terms and conditions.

Your Account

To use Destash services you will need to create a Destash account. You must provide a phonenumber and an email address to create an account and they require verification before the account creation will be completed. Here are some terms you must agree to when creating an account.

You must not be a professional seller. Destash is for non-professional sellers, buying and selling second hand goods for themselves. Our Services must not be used by businesses or for commercial purposes.

You must select an appropriate username. We may remove or change a username you select if we determine that such user name is inappropriate.

You must be at least 18 years old. If you are under the age of 18, you are not permitted to use Destash services.

You must always provide accurate and up to date information about yourself. We may assume that any communication received from your account phonenumber and or email address has been made by you. We may assume that any sales or purchases made using your account were made by you. Account information must be up to date and complete at all times.

You are responsible for the security of your account. You are solely responsible for any usage of Destash services via your account. You agree to contact us immediately via support@getdestash.com if you believe your account has been compromised.

You must agree to our Payment Providers terms and conditions. To create and make use of an e-wallet you must agree and abide by our Payment Providers terms and conditions.

We may use your data for purposes described in our Privacy Policy. Your personal privacy is important to us. Our Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using Our Services, you consent to such processing and you warrant that all data provided by you is accurate.

We may verify information used to create your account. To ensure the security of our platform we may verify information that you have provided to us.

We may request additional information for your account. To ensure the security of our platform we may request for additional information from you. These requests will be reasonable and relevant at all times.

Our relationship. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of Our Services.

Account suspension. We may suspend account access to Our Services where information is incomplete or wrong.

Your Content

Content that you provide using Our Services is your content, which we will refer to as 'Your Content'. We do not make any claim to it and this includes anything you provide to Our Services (such as usernames, profile pictures, listing images, listing titles, listing descriptions, comments, reviews, etc).

You are responsible for Your Content. You warrant that any Your Content does comply with our Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. We are not responsible and accept no liability for any Your Content including any such content that contains incorrect information or is defamatory or loss of Your Content. We accept no obligation to screen, edit or monitor any Your Content but we reserve the right to remove, screen and/or edit any Your Content without notice and at any time. Your Content has not been verified or approved by us and the views expressed by other users using Our Services do not represent our views or values.

Your Content must be lawful. Content you provide using Our Services is subject to removal if it is obviously unlawful or does not meet our expected moral standards.

You give permission to use Your Content. By posting Your Content through Our Services, you grant Destash a license to use it. We do not claim ownership to Your Content, but we have your permission to use to to Destash function and grow. So doing, we will not infringe any rights you have to Your Conetnt and we can help to promote it. You understand and agree that your Your Content may be viewed by other users using Our Services, and that they may be able to see who has posted that Your Content.

Rights you grant Destash. You agree that we can use your Your Content for any other purposes whatsoever in perpetuity without payment to you, and combine your Your Content with other content for use within Destash Services and otherwise. We do not have to attribute your Your Content to you.

Reporting unauthorised content. If you wish to complain about Content which has been uploaded by other users and you believe is in breach of our Terms then please contact us at support@getdestash.com.

Unauthorised content. We have the right to remove any of Your Content you put provide through Our Services if, in our opinion, that Your Content does not comply with the Terms.

Your Actions

Actions that you take using Our Services will be referred to as 'Your Actions'. To use Our Services your actions must reasonable and responsible. Here are some terms you must agree to when using Our Services.

You have license to use Our Services. Provided that you are eligible to use Our Services, you are granted a limited, non-exclusive, non-transferable, and revocable licence to use Our Services.

You must not break the law by using Our Services. You agree to not violate any laws when using Our Services. You may not sell anything that violates any laws, you may not engage in fraud, theft, anti-competitive conduct or any other unlawful acts against Destash, another Destash user or one of our third parties.

You must not harm Our Services. You shall not try to gain unauthorised access to Our Services or any networks, servers or computer systems connected to Our Services.

You must not harm other Users. You shall not harass other Marketplace users, make disparaging, slanderous, defamatory, false, misleading, inaccurate, discriminatory or racist remarks or comments.

You must not steal Our Content. Unless otherwise indicated, Our Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on Our Services (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws. Except as expressly provided in these Terms, no part of Our Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You must not modify Our Content. You shall not make for any purpose including error correction, any modifications, adaptions, additions or enhancements to Our Services or Our Content, including the modification of the paper or digital copies you may have downloaded.

You are responsible for payment of fees to Destash. This includes collection and payment of any applicable taxes for any purchases or sales you make using Our Services.

Your communication with Destash. Visiting Our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on Our Services, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via Our Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Payments

Destash performs secure payments using a third party Payments Provider once you have created an E-Wallet.

Creating an E-Wallet. A Buyer must setup an E-Wallet to make Payments on the Marketplace. To create an E-Wallet you must provide your legal first and last names, your birthdate, nationality and country of residence. On creation the user enters into a contract with our Payments Provider. A User will be subject to KYC checks by our Payments Provider.

Your E-Wallet balance. E-Wallets show a 'Balance' and an 'Available Balance'. The 'Balance' show the total amount of money available to withdrawl plus any money in Escrow for item sales which are currently in progress. The 'Available Balance' shows the amount of money that is cleared and immediately available to withdraw.

Instruction of payments. The total price of an Order can be paid for using Debit Card or Credit Card once the Buyer has created their personal E-Wallet. On successful payment the Total Price minus any Service Fees is held in an Escrow wallet, the Service Fees are transferred to Destash.

Rejection of payments. The Payment method used must belong to the Buyer, the billing address of the payment method should match the delivery address used to setup your Destash account. Mismatches of billing and delivery addresses can result in rejection / cancellation of the payment. Suspected unauthorised use of a Debit or Credit card can result in rejection / cancellation of the payment.

Completion of payments. Payments are completed by transferring funds from an escrow E-Wallet to the Seller E-Wallet. Payment completion is processed separately for each Package within an Order. The SubTotal plus any Postage Fees are transferred from an Escrow E-Wallet to the Seller E-Wallet for the Package once the Buyer confirms that the Package has arrived and confirms that there are no issues with the Package.

Refunding of payments. Payments are refunded by transferring funds from an escrow E-Wallet back to the Buyers card if the whole Order is being cancelled. Payments are refunded by transferring funds from an escrow E-Wallet back to the Buyers E-Wallet if a specific Package within the Order is cancelled.

Withdrawls. Users are able to withdraw funds from their E-Wallet to their personal bank account.

Withdrawls can only be made to a bank account belonging to the E-Wallet account User.

Withdrawls can only be made to UK accounts in GBP currency.

Before withdrawls can be processed a User must add their bank account number. The first name, last name and address on file with the bank account must also match those provided when creating the E-Wallet.

Before withdrawls can be processed a User must provide documentation to prove their identity and in some cases proof of their address may also be required. These KYC checks are required and carried out by our Payments Provider for regulatory purposes.

Taxes. All prices are inclusive of any applicable VAT.

Buying

A Buyer enters into an agreement with a Seller when purchasing an item, not Destash. Buyers make purchases by putting products into their basket and creating an Order by completing the checkout process. Once the Order has been created the Buyer enters into an agreement with each Seller.

The parties acknowledge that a legally binding agreement between the Buyer and Seller is created on checkout completion. This agreement is based on the item description and photographs, any conditions agreed between the parties and the relevant conditions in this Terms of Service policy. The Buyer undertakes to pay for the item.

The Seller undertakes to transfer ownership of the item. For the avoidance of doubt Destash is not party to this agreement and consumer rights protection law do not apply to this agreement.

Destash does not pre-screen listed items. Therefore Destash cannot and does not make any warranties about the items you purchase, such as their condition, safety, authenticity and legality.

Service fees. Destash takes a Service Fee as part of a created Order.

Refunds

A Buyer has the right to a refund if the item is lost or damaged during shipping, if the item is significantly not as described or counterfeit.

Users must agree to the process for receiving refunds and to collaborate with Destash to enable Destash to make a ruling on any issue or dispute.

Users must inform Destash of any resolution that is agreed where the issue has already been raised to Destash.

Issues must be reported by the Buyer when the Package is marked as Posted or within 2 days of the Package being marked as Received Unconfirmed.

Postage fees. Postage fees will not be refunded for any Packages which have been marked as Posted by the Seller.

Service fees. Service fees will not be refunded.

Bundles must be returned as one. When you purchase more that one item for a Seller as a Bundle, and there is an issue with one or more of the Products in the Package, and you have been asked to Return for a Refund then you must return the whole Package in its entirety to the Seller to get a refund.

Significantly not as described. When you receive a Package that contains an Product which you believe to be 'Significantly not as described' then you must report it within the reporting period. The Seller is then given the option to provide a Refund, a Refund in exchange for return of the Package. It is always the Buyers responsibility to pay for the return postage. If the Buyer and Seller cannot agree then the Issue will be raised to Destash as a Dispute. The Buyer must provide proof to Destash to support their issue claims. Destash will then make a ruling on the Dispute. If the Issue raised by the Buyer is upheld then the Seller will be given additional time to choose a Refund or a Refund in exchange for return of the Package, however, if they do not select within the time period Refund will be automatically selected and no return will be required.

Damaged in transit. When a Package is damaged in transit it is the Buyers responsibility to contact and resolve the issue with the Carrier.

Lost in transit. When a Package is lost in transit it is the Buyers responsibility to contact and resolve the issue with the Carrier.

Refunds will not be given when:

• Destash determines that an item is not 'Significantly not as described'.
• Receiver fails to report an Issue within 2 days of the Package being marked as Received Unconfirmed.
• Item has been used, washed, worn or modified in any way by the Buyer.
• The Buyer has already confirmed that the item has been received 'Ok'.
• Sufficient proof has not been provided by the Buyer in within the required timeline.

Selling

Your must agree to these terms detailing your responsibilities as a Marketplace Seller.

Item category. Destash is a marketplace for childrens clothing. Any clothing listed must belong to category available in allowed product categories.

Ownership rights. The Seller must have the right to transfer item ownership. Selling the item must not violate the rights of any third party or violate any local, national or internation laws or regulations.

Representative description. The description must be representative of the actual item being sold.

Representative photos. You must provide one or more good quality photographs that show the actual item to be sold. In addition, the photos must represent the actual item at time of sale and reflect actual quality and appearance, including any faults, defects or alterations.

Timely dispatch. Sellers are obligated to dispatch items in a prompt manner.

Timely message response. You must respond to communications in a timely manner.

Direct dispute resolution with the Buyer. If you are not able to resolve a dispute then will may be able to assist you. For assistance please email support@getdestash.com.

Completion of order commitments. If you are unable to complete an order you must notify the buyer. You must refund the buyer.

Completion of order commitments. Listed items must comply with our Payment Providers term and conditions and associated list of prohibited and restricted items.

Indemnification

If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold Destash and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to your use of Our Services, Our Content, or your violation of these Terms.

Disclaimer & Limitation of Liability

Our Services You Use. Destash is dedicated to making Our Services the best they can be, but we are not perfect and sometimes things can go wrong.

We may update or change Our Services from time to time to reflect changes to our products, our users' needs and/or our business priorities.

We cannot guarantee Our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Our Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Our Services during any downtime or discontinuance of Our Services. We are not obliged to maintain and support Our Services or to supply any corrections, updates, or releases.

You understand that Our Services are provided on an as-is and as-available basis. You agree that your use of Our Services will be at your sole risk except as expressly set out in these Terms. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with Our Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

Our Content You Interact With. We reserve the right to change, modify, or remove the contents of Our Services at any time or for any reason at our sole discretion without notice.

There may be information on Our Services that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

We make no warranties or representations about the accuracy or completeness of Our Content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from Our Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Services by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms if such delay or failure is caused by an event beyond our reasonable control.

People You Interact With. You can use Our Services to interact with our people. However, you understand that we do not screen users of Our Services other than to meet legal obligations, and you release us from all liability relating to you interaction with our users of Our Services.

Items You Purchase. You understand that Destash does not produce, store or inspect any of the items sold using Our Services. Our Services provide an online marketplace to independent sellers to sell items. Destash cannot and does not make any warranties about the items you purchase, such as their condition, safety, authenticity and legality. Any legal claim related to items purchased using Our Services must be brought directly against the seller of the item. You release Destash from any claims related to items sold using Our Services.

Third-Party Services. Out Services and Out Content may contain links to third-party websites and / or services that we do not own or control. You may also need to use a third-party service to use Our Services. When you access third-party services, you do so at your own risk. You are required to accept their own terms or use. Destash is not a party to those agreements, they are solely between you and the third-party service provider.

Liability Limits. Our responsibility for loss or damage suffered by you are detailed as follows:

• Whether you are a consumer or a business user. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. If we fail to comply with these Terms, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using Our Services. Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £50 or (b) the amount paid, if any, by you to us for Our Services during the six (6) month period prior to any cause of action arising.

• If you are a consumer user. Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

Restriction, Suspension and Termination

Suspension by Destash. To ensure the security of Our Services we may temporarily suspend your access to them. Suspensions will be proportionate to any breaches of our terms of service. Repeated or serious breaches would lead to user account termination.

Termination by You. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at support@getdestash.com.

Restriction, Suspension and Termination by Destash. To ensure the security of Our Services we may restrict, temporarily suspend or completely terminate your access to them.

Restrictions may limit your ability to buy and sell items, move money to and from your e-wallet and message our users. Suspensions will temporarily disable your access to all of Our Services. Termination will permanently disable your access to all of Our Services.

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of Our Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of Our Services is in breach of these Terms or of any applicable law or regulation, we may suspend or terminate your use or participation in Our Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

If we suspend or terminate your account for any reason set out in Our Terms, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Our Payment Provider may report accounts to Destash whereby they have a reasonable suspicion that the account user has violated their Terms and Conditions. Violation of our Payment Providers Terms and Conditions would lead to account restriction and / or termination.

Discontinuation of Our Services. We reserve the right to change, suspend or discontinue all or part of the Services without notice at any time. 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.

Addition Legal Points

Entire agreement. These Terms and any policies or operating rules posted by us on Our Services or in respect to the Services constitute the entire agreement and understanding between you and us.

Governing Law. For consumers only - Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to Our Services please follow this link http://ec.europa.eu/odr.

Waiver, severability and assignment. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.

Changes to the Terms. We may make changes to these Terms at any time. The updated version of these Terms will be indicated by an updated "Last updated" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms to stay informed of updates. Your continued use of Our Services represents that you have accepted such changes.

Mobile Application. If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of this license.

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:

• The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;

• We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

• In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

• You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

• You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and

• You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Contact Information

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at support@getdestash.com or by post to:

Small Trading Company Limited 85 Lyal Road London, E3 5QQ United Kingdom