TERMS & CONDITIONS
Dream Closet By Sira
This document was last updated on May 5, 2022
We may change our services and/or the terms of this agreement (including fees/commissions), from time to time, with or without notice to you and at our sole discretion, and your continued use of the website/apps or any services after such changes to this agreement have been posted constitutes acceptance of all such changes. it is your responsibility to regularly review this agreement when using the services. if you do not agree with any changes, you should cease using the services.
III. General Terms
2) Ownership of a Sold Item Transfers to Buyer. Legal ownership of items purchased on Dream Closet is transferred by the seller to the buyer upon delivery of the item to the buyer.
3) Dream Closet is not liable for User-Supplied Content. Dream Closet requires that a user provide accurate information in its user profile and may take action (including terminating an account) against an account that is found to include false or misleading information. However, we are unable to and do not guarantee the true identity, age, nationality, or other features disclosed in a user's profile. Dream Closet does not control the User Submissions (defined below) made available on the Platform.
4) Accounts and Registration. To access some features of the Service, you must register for an account (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, address, email address, billing information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you must immediately notify us by contacting customer service at firstname.lastname@example.org.
5) Legal Age. You represent and warrant to us the following. By using our Services, registering with our Website/Apps, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old and legally able to make a contract in your place of residence; (b) all registration information you submit is accurate and truthful; and (c) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to the Agreement.
6) Authenticity. Dream Closet is most trusted source for authenticated luxury consignment, only carries merchandise that is authentic, second-hand. Dream Closet holds a strict authentication verification control process, a Fashion Expert verifies the conditions and authenticity of the products before these are listed on the platform. Please be aware that even such products are not entirely free of workmanship errors, including occasional missing threads and similar defects. Products subject to distressing as part of the styling are also subject to increased chance of defect and do tend to wear out faster than normal.
7) Condition of Products. USED GOODS ARE SOLD IN AN AS IS, UNDERSTANDING IS AS THE CONDITION. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS FOR IMPLIED, AS TO THE NATURE, QUALITY OR CONDITION OF THE GOODS, OR ITS SUITABILITY FOR ANY USE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS EXPRESSLY AGREED UPON IN WRITING BETWEEN THE PARTIES. SELLER WILL HAVE NO LIABILITY TO BUYER HEREUNDER OR IN CONNECTION WITH THE GOODS, INCLUDING WITHOUT LIMITATION, FOR LOSS OF PROFIT, LOSS OF INCOME, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES.
8) Purchasing process. Online purchases , the Buyer must select the goods to be purchased, as well as provide the following information: Name, Email, Address for billing and shipping. Additionally, the Buyer must select the payment method, under any of the modalities established on these Terms and Conditions and provide, where appropriate, the data required to make the payment. Once the information has been provided and the payment method chosen, DREAM CLOSET will send an email to the Buyer, confirming that the corresponding order has been received detailing the products which would be conditioned on availability; once payment and availability has been confirmed an email with shipping instructions will follow. To make a purchase, it will be optional for the Buyer to register on the Website by opening an account with a password that will allow them to facilitate the purchase process in the future by automatically filling in forms with their previously captured data.
9) General Payment Terms. Before you pay any fees for items you’d like to purchase (“Products”), you will have an opportunity to review and accept the fees that you will be charged.
a) Price. Dream Closet reserves the right to determine pricing for Products. Dream Closet will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Dream Closet may change the fees for any Product at any time. Dream Closet, at its sole discretion, may make promotional offers with different features and different pricing to any of Dream Closet's users. These promotional offers, unless made to you, will not apply to your offer or these Terms.
b) Shipping Charges; Shipping Restrictions. We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information.
c) Delivery. Dream Closet will attempt in good faith to deliver your items in accordance with your order, but Dream Closet will not be responsible or liable for any delays or failure in such delivery. Dream Closet expressly reserves the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at Dream Closet's discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. Dream Closet will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Dream Closet's reasonable control. In such cases, Dream Closet will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
d) Tax Authorization. You authorize Dream Closet to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Dream Closet may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal.
e) Payment Processing. Dream Closet has partnered with certain third-party payment processors to process payments you make via the Service. Third-party payment processor Paypal or Shopify Payments facilitates and processes some of Dream Closet's orders. By choosing to place your order to be shipped outside the United States, you agree to Paypal/ Shopify Payments terms and conditions which may be found at: https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and https://www.shopify.com/legal/terms-payments-us.
All sales are final, and Dream Closet does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
V. Right to Refuse/Suspend/Terminate Service.
Our Services are not available to temporarily or indefinitely suspended Dream Closet users. Dream Closet reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Dream Closet reserves the right to refuse service to anyone, for any reason, at any time. In addition, if you violate any provisions of this Agreement or any other policies posted on the Website or our Apps, we have the right at our sole discretion to suspend you from using the Platform, to terminate your Dream Closet account, and/or exercise other remedies we may have under law and this Agreement. In addition, if your account is terminated by us, you are not allowed to open a new account under a different name.
VI. Personal Information and Privacy.
1) You may cancel your account at any time by contacting our team via email at email@example.com. You are responsible for paying any fees owed to Dream Closet upon termination of your account, and if you are a seller and fees/commissions are owed to us, Dream Closet also has the right to offset funds from your pending sales or to withdraw/debit funds from your linked accounts (e.g., bank). You should use or withdraw any credit balance before deleting your account.
2) Dream Closet may restrict, suspend, or terminate your use of or access to the Services, without notice or liability to you and in its sole discretion, and without refunding any Earnings, if Dream Closet has reason to believe that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with, this Agreement or of any Dream Closet policy; (b) your activities on or in relation to the Platform may violate applicable law; (c) you are unable to verify or authenticate any of your personal information or User Submissions; (d) you have failed to pay a fee owed to us; (e) you may cause legal liability or financial loss to Dream Closet's users or to Dream Closet; (f) you have violated our Code of Conduct, or (g) you have used another person's account. Our remedies include: cancelling any unverified accounts or inactive accounts, warning Dream Closet's community or relevant third parties/groups of a user's actions, temporarily or indefinitely suspending a user's account privileges or terminating a user's account (including all affiliated or associated accounts and including all usernames under which that user operates on the Platform), prohibiting access to the Platform/taking technical or legal steps to keep a user off the Platform and refusing to provide Services to a user, and any other rights permitted to us by law or this Agreement. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement/ any additional Dream Closet policy, may be referred to appropriate law enforcement authorities or other third parties.
VIII. Intellectual Property.
All content on the Platform is owned by or licensed to Dream Closet; however, Dream Closet is expressly not responsible for any content which constitutes User Submissions. All rights not expressly granted herein are reserved to Dream Closet and its licensors. Other than as required to view and use the Platform and/or as expressly permitted herein, you may not reproduce, distribute, modify, sell, or otherwise use any materials or content on the Platform, and all such content is provided on an AS-IS basis.
The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Platform (collectively “Marks and Designs”) are owned by Dream Closet and/or its affiliates or their third-party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Dream Closet's Marks and Designs, without our prior written permission in each instance. All goodwill generated from the use of Dream Closet intellectual property will inure to our exclusive benefit.
IX. Complaint Procedures and DMCA Takedown Requests.
Dream Closet respects the legal rights of others and complies with the Digital Millennium Copyright Act and equivalent laws in the jurisdictions in which the Platform is available. It expects you to do the same. If you believe another user has violated the Agreement or your intellectual property rights, please complete the procedure set forth in this section.
We respond to notices of alleged copyright infringement in accordance with the provisions of the United States Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dream Closet with the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Platform; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows: Dream Closet, Inc. 2721 Executive Park Drive, Suite 4, Weston, FL, USA 33331 Attention: DMCA Enforcement or via email at firstname.lastname@example.org. If you become aware that material appears on this site in violation of a copyright please notify us by mail at the aforementioned address or by email at email@example.com. We maintain a log of DMCA notices, act on same, and have adopted and implemented a policy that provides for notification to Platform users of claims of infringement and for the termination of users who are repeatedly and credibly accused of copyright infringement.
Dream Closet is a platform that facilitates actual transaction between Buyers and Sellers; we also offer products through our Our Own Accounts. Our goal at Dream Closet is to maintain our Platform and related tools, in a manner that is safe, secure, and functioning properly in order to provide an effective environment to sell and buy high-quality fashion and accessory items. You acknowledge that we cannot guarantee the continuous operation of or access to our Platform. You further acknowledge that operation of and access to our Platform may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Platform at your own risk, and that the Platform is being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
1) Limitation of Liability. DREAM CLOSET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE, LOSS OF DATA, OR INTANGIBLE LOSSES), EVEN IF DREAM CLOSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM OR OTHERWISE ARISING FROM ANY TRANSACTION RELATED TO OR ARISING OUT OF THE SERVICES OR THIS AGREEMENT.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR GUARANTEES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY OR GUARANTEE CANNOT BE EXCLUDED, DREAM CLOSET’S LIABILITY FOR BREACH FOR SUCH WARRANTY OR GUARANTEE IS LIMITED TO A REFUND, REPAIR, OR REPLACEMENT (AT DREAM CLOSET'S ELECTION) OF THE GOODS OR PAYMENT OF THE COST OF REPAIR OR REPLACEMENT OF THE GOODS.
IF DREAM CLOSET IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE DREAM CLOSET TRUST PROMISE NOT TO EXCEED THE PRICE FOR WHICH THE ITEM SOLD ON THE PLATFORM (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO DREAM CLOSET IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100 USD.
2) Indemnification. You agree to defend, indemnify, and hold harmless Dream Closet and its affiliates, and their directors, officers, employees, parents, subsidiaries, and agents (“Released Parties”), from and against all claims, demands, liabilities, costs, taxes, losses, and expenses, including reasonable attorneys' fees, arising from your use of the Platform in violation of this Agreement or your breach of the Agreement, including any dispute with another user, the collection, payment or failure to collect or pay taxes if applicable, or any claim from a third party. Dream Closet may elect to assume the defense and control of such claim, and, in such case, you agree to cooperate with Dream Closet in the defense of such claim and to reimburse Dream Closet for all reasonable expenses and fees incurred in the course of defending such claim.
3) No Guarantee. Dream Closet does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside Dream Closet's control.
Dream Closet is not responsible for the acts or omissions of users of the Platform (including those of buyers or sellers). You expressly agree to release Dream Closet and the Released Parties from any and all actions, claims, or causes of action or suits, at law or in equity, known or unknown, disclosed or undisclosed, matured or unmatured, which you may have against the Released Parties, and from any and all losses, damages, costs or expenses, including court costs and attorneys' fees, which you may incur, which arise out of or relate in any way to a dispute of any kind you may have with another seller, buyer, or Platform user. You further waive, to the extent legally permissible, your rights under Section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," and any similar law of any applicable jurisdiction.
XI. Choice of Law.
All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement and the exhibits and schedules hereto shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida.
XII. Venue Jurisdiction.
This Agreement shall be governed by Florida law. Any litigation that may be brought by either party involving the enforcement of this Terms and Conditions or the rights, duties, or obligations under this Agreement, shall be brought exclusively in the State or federal courts sitting in Miami, Dale County, Florida.
XIII. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Platform and, if applicable, purchase, solicitation of offers to purchase, and sale of items.