STYLESWAP BUYER TERMS AND CONDITIONS (“TERMS”)

1. About StyleSwap

Welcome to StyleSwap. StyleSwap is operated by the London Style Network Limited, with registered address at 75 Netherwood Road, London, England, W14 0BP and with number 12213084 (“StyleSwap”, “we” or “us”). We operate a social media-inspired marketplace which uses artificial intelligence to suggest relevant sellers and items to you, based on your preferences and other information submitted to us, and which allows you to buy items listed on our website https://www.styleswapuk.com/ (the “Platform”).

2. Acceptance of terms

These terms together with the Privacy Policy together with any other documents referred to in these terms, set out the basis on which you can use the Platform, whether as a guest or registered user (“Terms“). We may update these Terms (and the documents referred to in them) from time to time and we will notify you of any material changes to these Terms by posting a notice on the homepage. By using the Platform, you agree to be bound by these Terms. Please do not use the Platform, if you do not agree to the Terms.

If you need to contact us in relation to these Terms or any other document mentioned in them, please contact us on [email protected]. We are always looking for ways to improve the Platform, so if you provide us with feedback on our Platform, 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. Your relationship with us

StyleSwap does not sell any items itself, but provides a platform through which buyer and sellers can agree to buy and sell clothing directly between themselves (“Products”). StyleSwap does not control Products and therefore  does not give any commitment relating to the existence, quality, safety, or genuineness of such items, the truth or accuracy of any picture or description of the Products or any other content made available by users, the ability of sellers to sell Products, the actions or non-actions of buyers and sellers, and StyleSwap has no liability in this respect. This disclaimer does not affect any statutory rights you may have against a seller (if they are a business).

StyleSwap’s Platform is for private users not acting in any business or professional capacity, and you confirm that you shall not use the Platform in any business or professional capacity (unless otherwise agreed by us in writing).

Any agreement for and/or purchase of a Product is made solely between you and the seller. Complaints, questions and claims related to a Product should be directed to the seller.

4. Your Account

You can view the Platform without creating an account but in order to make a purchase through our Platform, you must register with us and set up an account with a username and password (your “Account”). Our Platform is aimed at users over the age of 18 and StyleSwap does not knowingly collect or solicit any information from anyone under the age of 18. If it is clear to us that we have collected personal information from an under 18 without parental consent, we will delete that information as quickly as possible. You may connect to our Platform with third-party services approved by us (e.g., Instagram) and in such circumstances you give us permission to access and use your information from that Platform as permitted by that service, and to store your log-in token for that Platform as set out in our Privacy Policy.
You must keep your login details secure and you are responsible for any activities that occur under your Account. To report any suspicion that your Account has been misused, you should contact us at [email protected].

You may not sell, gift or transfer your Account to another person.

5. Payment

StyleSwap currently processes payments via Stripe and accordingly, you hereby consent and authorize StyleSwap and Stripe to share any information and payment instructions you provide in order to complete payments via the Platform to the seller from whom you have chosen to purchase a Product.

In the interests of user safety, you are not permitted to purchase Products by making direct arrangements with the seller to use a payment method other than the payment methods offered via the Platform.

6. Our rights in the Service

All intellectual property rights in the materials and content comprising our Platform, including but not limited to images, written content and designs, belong to StyleSwap or we have permission from the owner to use them in the Platform. StyleSwap gives you permission to use the materials and content comprising the Platform for the sole purpose of using the Platform in accordance with these Terms. You are not granted any other rights other than as set out in these Terms.

You are not given permitted to use the “StyleSwap” name, or any of the “StyleSwap” trademarks, logos, domain names and other distinctive brand features, unless otherwise agreed with us in writing.

7. Your content

You hereby agree that all images, sounds, text or information that you input into our Platform (“Your Content”) will comply with our House Rules under section 8.

You agree that we may use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit Your Content anywhere, any time and in any form, without compensation for the purposes of providing our Platform or for any purpose in connection with the operation and promotion of our business, provided that we comply with our Privacy Policy.

We do not and are not obliged to check Your Content before it is added to the Service, but we reserve the right to later check, moderate, reject, refuse or delete any of Your Content if we think that it breaks any of the House Rules or these Terms.

You should maintain your own backup of Your Content and not rely on the Platform for the purposes of Your Content backup or storage – we do not accept any liability for the inability to restore Your Content or failure to back it up.

8. House Rules

You shall not modify, interfere, intercept, disrupt or hack the Platform or knowingly introduce viruses, or other material which would harm the Platform or any user. Not shall you mine data, scrape or crawl any part of the Platform or disassemble, decompile or reverse engineer any part of it.

You shall not:-

• Submit any false or misleading information in relation to your Account;
• allow another person to use the Platform under your Account;
• send junk, spam or repetitive messages through our Platform;
• post or send any content to another user which is unlawful, contains nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive or defamatory;
• without the permission of the content owner, post any content that is not yours.
• purchase a Product by making direct arrangements with the seller to use a payment method other the ones available via the Platform.

9. Consequences of breaking our House Rules or these Terms

If you break our House Rules or these Terms, we may (at our discretion and with or without notice to you) temporarily or permanently ban your use of the Platform, and/or remove any of Your Content. We may take legal action against you and you will reimburse any of our costs related to such breach by you. We may also report you to law enforcement authorities as we see fit.

10. Ending your relationship with us

If you want to close your Account, then you may do so at any time by emailing us at [email protected] from the email address linked to your account.

StyleSwap may also withdraw the Platform for any reason, without notice, at any time and without any liability to you.

At the end of our relationship, we may delete Your Content and Account and any other information relating to you. Even if your Account is deactivated, some of your data may persist and appear within the Platform, for example where you have commented on other users’ content.

11. Our liability/responsibility to you

Nothing in these Terms excludes our liability for fraud, or death and/or personal injury caused by our negligence.

It is solely your decision whether to purchase a Product. Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, these techniques are not perfect, and StyleSwap makes no promises regarding any Product, any seller, or any information posted by the seller in relation to the Product.

StyleSwap intends that the Platform is available as much as possible, but there may be interruptions from time to time for maintenance (scheduled and emergency) and you accept that the Platform is provided to you on an “as available” and “as is” basis. You accept that the internet may be subject to breaches of security and that the submission of Your Content or other information may not be secure. We are not responsible or liable for any loss or harm caused by viruses designed to impair the Platform.

We do not accept any liability for any third-party links/websites that are contained in the Platform and you accept that you access such third-party links/websites subject to the terms and conditions of those third-party websites.

We do not accept any liability in relation to any content you access via the Service, or any other user you interact with.

StyleSwap never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time these Terms are entered into between us, we both knew it might happen.

Subject to the above paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the price you paid in relation to the Product giving rise to the liability.

12. Your responsibility to us

If a third party makes a claim against StyleSwap due to an action or inaction by you (including a breach of these Terms) then we may request that you hold us harmless from any legal claim and cover all our costs associated with such claim. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.

13. Changes to the Service

The Platform is constantly developing and improving so we may improve the experience for our users. Sometimes we may need to update, stop offering or supporting a particular feature of the Platform. You agree that a key characteristic of our Platform is that changes to the Platform will take place over time and this is an important basis on which we grant you access. When a change to the Platform has been made, your continued use of the Platform will show that you have accepted any changes to the Platform. You are always free to stop using the Platform and/or deactivate your Account.

14. Changes to these Terms

StyleSwap may update these Terms from time to time, generally where new features are added, there are changes in the law or we need to clarify our position on something. Any changes will take effect on the date set out in the communication we send you notifying you of the update, or at the time the revised Terms are posted. Where you continue to use the Platform then we shall assume you have agreed to the updated Terms.

In the event of a significant change to the Terms, StyleSwap will try to give you advance warning of any such changes. We may contact you through the Platform(for example by asking you to accept the changes before you continue to use the Platform) or via a separate email. The current version of the Terms are the only terms and conditions that apply to our relationship with you.

15. General legal provisions

1. If part of the Terms cannot be enforced then the remainder of the Terms will still apply to our relationship.
2. If you do not comply with these Terms and we don’t take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
3. We may assign any of our rights and obligations under these Terms.
4. No third party or (except, where applicable, the permitted assign of StyleSwap) is entitled to the benefit of these Terms under the Contracts (Rights of Third Parties) Act 1999 or any other law.
5. StyleSwap is registered in England and therefore English law will apply to all disputes relating to and the interpretation of these Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Platform. These Terms do not exclude any mandatory legal rights you may have in your country of residence, if local law does not allow us to exclude or limit such rights.
6. We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance of our obligations under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.