PRIVACY AND DATA RETENTION

Please review our Privacy Policy, which is incorporated into these Terms and Conditions and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms and Conditions, the Terms of Use govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.

Resell Rack will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, Resell Rack will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Resell Rack reserves the right at all times to disclose any information as Resell Rack deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

LICENSE GRANT

Resell Rack operates one or more websites and related mobile applications  where the Services can be accessed (collectively, the “Website”). The website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “information”), and which is either owned or licensed by the Company. Your use of this website and access to the information is expressly conditioned upon your agreement that all such access and use shall be governed by the in these “Terms and Conditions.” You are hereby granted a non-transferrable, non-sublicensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website.

ACCOUNT REGISTRATION

In order to use the Services, you must register an account with Resell Rack directly or through an authorized third party service (each, a “TPS”) such as Amazon or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at anytime by disconnecting your TPS account via your Resell Rack account.

Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and Resell Rack shall have no liability or responsibility for the privacy practices or other actions of any TPS that maybe enabled within the Services.

If you choose to register an account with the Services (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.

You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Resell Rack reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.

SELLER TERMS

The Seller Terms is a contract between you and Resell Rack Inc. (“Resell Rack”) if you supply goods to Resell Rack, Our Terms and Conditions, which address your dispute resolutions rights, are incorporated by reference.

HOW WE WORK

Resell Rack inspects the items you mail to us or that we have collected from you in order to list your accepted items for sale through our Services (collectively, the “PROPERTY”). After your clothes box has been processed, Resell Rack will inform you whether any of your items have been accepted for sale on our Services. Resell Rack reserves the right to purchase your items before they are listed. Learn more about the payout process.

ACCEPTANCE CONDITIONS

Resell Rack only accepts items that meet our strict acceptance standards. Each item will be evaluated to determine, in our sole discretion, whether the item: (a) is in excellent, new or like-new condition, and if needed, that has been freshly laundered and completely dried; (b) is free from stains, pilling, holes, odor, and any other signs of excess wear; (c) is in-season and on trend; and (d) is authentic; and (e) for which the representations and warranties you make in the “Your Representations, Warranties, and Indemnification” section below are true. Learn more about acceptable conditions here.

RETURN ASSURANCE

You may choose to add Return Assurance for additional fee for each Resell Box kit you request (other than Resell Donation). If you select Return Assurance, Resell Rack will return items that we do not accept to your address on file.

UNACCEPTABLE ITEMS BECOME PROPERTY OF RESELL RACK

If Return Assurance I not selected, any unacceptable items will immediately and irrevocably become Property of Resell Rack and will not be returned. Resell Rack reserves to the right to sell unacceptable items to third-party textile recyclers or through its other proprietary commercial channels (see Resell Rescues) without any obligation to compensate you for such unacceptable items. If you do not agree to the foregoing, please select Return Assurance or consider the foregoing prior to using our Resell Box.

YOUR REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include counterfeit goods; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.

RECLAIMING ACCEPTED ITEMS

You may first reclaim an item 7 days after the item is listed through our Services or other third-party platforms. If your item doesn’t sale within it’s listing window, you may reclaim your item within 14 days after the consignment period ends. After 14 days, the item becomes Property of Resell Rack.

COUNTERFEIT AND STOLEN ITEMS

You acknowledge and understand that Resell Rack is subject to laws and regulations relating to claims that consigned items are counterfeit, have been stolen, or otherwise violate applicable law. Resell Rack cooperates with law enforcement and brands seeking to track down the source of counterfeit items.

You are responsible for ensuring the authenticity of all Property you provide to us. Resell Rack’s authentication process is proprietary and independent. If Resell Rack cannot certify the authenticity of an item in your Resell Box or it does not otherwise meet our authenticity standards, we reserve the right in our sole discretion to refuse to accept the item. Resell Rack 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 Resell Rack to be counterfeit will not be returned to you and will be destroyed unless Return Assurance is selected. Please see our Acceptable and Quality Standards for more information.

TITLE OF PROPERTY

You will 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: (a) Resell Rack buys your item and (b) an item is sold by Resell Rack to a customer and not returned to Resell Rack within the then current return window.

PAYOUT AND OTHER DISPUTES

If there is a dispute between you and Resell Rack, Resell Rack 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. Resell Rack 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 Resell Rack.

PAYOUTS

Once your item is sold and the buyer keeps the item beyond the eligible return period, you’ll receive your payout in your account. Your payout will be based on the final selling price excluding multiple distribution center fees buyers may incur. You may cash out as soon as the 14-day return window has passed. However, if the item is returned, your consignment window will start where it left off so that your item has more time to sell, and you will be paid out as soon as the item sells for the second time.

Payouts maybe adjusted accordingly if your item is bid on or purchased using a discount offer. Payout calculations maybe subject to change from time to time without notice.

CASH OUT

You may use your earnings as Resell Rack online credit or you may cash out your earnings via the options listed on the cash out page.