These are the terms under which Destashery offers you access to and use of our site. By registering and creating an account with Destashery, or by using our service to browse, buy and lit’s items, you agree to comply with these terms and conditions.

These terms and conditions are effective as of 1 March 2021.

1. Who we are

We are Destashery Ltd (‘Destashery’, the ‘Company’, ‘we’, or ‘us’), a company registered in England and Wales with company number 12860912. Our registered address is 71-75 Shelton Street, Covent Garden, London WC2H 9JQ. We can be contacted at hello@destashery.com. 

2. About the Destashery service

Destashery offers an online marketplace (‘the Marketplace’) on which registered users can buy or sell secondhand items for non-commercial purposes.

We do not have access to the advertised items and are not party to the sale transactions which take place between buyers and sellers. Agreements for sale are made between the relevant buyer and the relevant seller alone. 

Destashery has no visibility of, and makes no representations or guarantees concerning:

• the existence, quality, safety or legality of items listed for sale on the Marketplace;
• the accuracy of descriptions and other content posted by sellers on their listings or by any users as part of the review and feedback process;
• the rights and abilities of sellers to sell their particular listed items;
• whether buyers will pay as agreed, whether sellers will post items and whether buyers will receive their items (although we have a disputes procedure and PayPal’s dispute resolution service may also be available).

3. Your use of the Marketplace

As a user of the Marketplace, you agree:

• to provide accurate information when creating your account, keep your account secure by protecting your account password and login credentials, and not allow others to use your account (or use other users’ accounts without consent);
• not to use the Marketplace if you are under the age of 18 or otherwise are not capable of entering into legally binding contracts;
• not to finalise a sale outside the platform which derives from contact made in the Marketplace in respect of the advertised item in question;
• not to share or request external contact information prior to completing a sale, except for the purposes of determining shipping details;
• not to harvest or use data in relation to other users without their consent, or use other users’ contact details for any purpose other than in relation to specific transactions on the Marketplace;
• not to distribute to or access the Marketplace via viruses, robots, malware or other technologies that may harm the Marketplace or other users;
• not to infringe the intellectual property rights of Destashery or other users; 
• not to post any negative rating, comment or feedback on the basis of or influenced by gender, race, ethnicity, ability, disability, sexual orientation, age, or other protected category under applicable law.

When listing and/or selling, you agree:

• only to use the Marketplace if you are a private individual and not a business entity or selling for commercial purposes;
• that you are responsible for the legality, accuracy and content of your posts;
• that you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the Marketplace and that to the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to pay any such taxes, penalties or interest;
• that the cost of return shipping for an item that is not as described is your responsibility;
• not to sell items which are prohibited by law or in breach of any relevant government guidelines;
• not to reference your external contact information within the Marketplace or ask for a buyer’s external contact information prior to concluding a transaction within the Marketplace (and you agree that if you do so, you may be liable for the value of the transaction fee that would have applied if the transaction had been concluded via the Marketplace, regardless whether the item was in fact ultimately sold);
• not to post, list or upload content which is illegal, offensive, inappropriate, defamatory, false, misleading, inaccurate, contradictory to our terms and policies, and that any such content may be removed or amended at our discretion;
• not to advertise counterfeit goods or goods which infringe a third party’s rights (including but not limited to intellectual property rights), copyright or trademarks, and that any such content may be removed or amended at our discretion.

When buying, you agree:

• to carefully review the full details of any listing before making a commitment to buy;
• that once you have proceeded to checkout and buy an item, your PayPal payment will be authorised and you are bound to pay for the item unless the seller either rejects the transaction or fails to accept it within three days.

4. Your content

When providing us with content (including causing content to be posted using the Marketplace), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, copy, reproduce, modify, make available and distribute such material for the purposes of operating the Marketplace and advertising listings.

5. Improper use / restrictions on your use of the Marketplace

We reserve the right to close or suspend accounts that have been inactive for a long time. We may modify or discontinue the Marketplace and our services at any time, and/or not provide access to the Marketplace to anyone, for any reason, at our discretion. 

We may (i) limit, suspend or terminate your user account(s), close or remove your listings or content, and/or restrict or prohibit your access to the Marketplace, and (ii) take further legal action or pursue other available remedies, if:

• we think you are abusing the Marketplace platform or breaching its terms and conditions;
• we think you are abusing other users or Destashery’s team;
• we are unable to verify or authenticate information you have provided to us, despite reasonable efforts;
• you owe us fees or transaction commission which we have not been able to obtain from you.

Destashery does not examine or pre-approve listings. If you wish to complain about a particular listing, please use the contact form on the Marketplace. As described above, Destashery is entitled to remove or amend listings in certain circumstances.

6. Fees

The following fees currently apply when using the Marketplace:

• Enabling an account for selling/listing: no general access fees.
• ”Giveaway” listings: listing fee may be purchased for the fees indicated on this site at the time of purchase.
• On sale transactions, the following fees are deducted from the sale proceeds:
  • Destashery’s commission of 10% of the sale price, subject to a minimum commission of £1 for items priced under £10;
  • Paypal’s fees, which typically range from 2% to 5% (with a small fixed fee element, e.g. £0.30) depending on factors such as the respective countries of the buyer and seller, the seller’s monthly sales volume, and the currency PayPal receives. (For example, ‘domestic’ sales attract lower PayPal transaction fees than international sales. Please see PayPal’s website for further detail on transaction fees.) 

We may change Destashery’s fees, or introduce new fees, from time to time by updating these terms and conditions and making reasonable efforts to notify users including via messages within the Marketplace inbox and/or by email. 

7. Personal data

As part of the running of the Marketplace, Destashery has access to various information about users, including personal data (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the Marketplace (such as ratings, sales analysis or communication).

Via the Marketplace inbox and seller pages/messages, you may receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction).

To the extent that you are thereby deemed a data controller, you and Destashery shall process personal data received under and/or in connection with this agreement, each as a separate and independent controller (and in no circumstances as joint controllers or in a controller-to-processor relationship). As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.

You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.

You shall process personal data received from Destashery exclusively for the purpose(s) you received the personal data under and/or in connection with this agreement. You shall erase the personal data received under this agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).

Upon expiry of this User Agreement, we will delete the information you provided, or which was generated through your use of the Services from your eBay account. Regardless, we maintain this information after the expiry of the User Agreement if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the Services (e.g. statistics about sales in a category) upon expiry of the User Agreement.

Destashery only shares information about users with third parties if this is necessary for the provision of the Marketplace service or if Destashery is legally or contractually entitled or obliged to do so.

Please see our privacy policy for information regarding the processing of personal data and your rights as a data subject.

8. Disputes

You can use the functionality within the Transactions view of the Marketplace to raise a dispute in relation to a given transaction. Our team will then contact both parties, review the situation and make a recommendation as to how the situation should be resolved.

If our team recommends that the transaction be refunded, and the seller agrees to be bound by that, then the seller will be responsible for refunding the transaction to the buyer (and we will refund our commission fee for that transaction to the seller). Destashery does not have access to refund any monies to the buyer; this can only be done by the seller via the seller’s PayPal account.

Transactions paid via PayPal are usually eligible for PayPal’s buyer and seller protection scheme, subject to PayPal’s terms and conditions. We recommend making use of this scheme if a dispute cannot be resolved by means of the process set out above.

We recommend that sellers make use of a signed-for or trackable postal service when dispatching items to buyers, to minimise their risk of parcels going missing.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. Liability

Destashery (including our affiliates, directors, agents and employees) will not be liable for:

• any losses caused by unauthorised use of your account;
• your unlawful or offensive listings;
• disruption or delay to the Marketplace caused by backend technology issues, or delays beyond the control of Destashery and/or Sharetribe, our technology provider;
• loss or damage which is not reasonably foreseeable by us arising, directly or indirectly from:
  •   viruses or other malicious software obtained by accessing, or linking to, the Marketplace;
  •   glitches, bugs, errors, or inaccuracies of any kind in the Marketplace;
  •   damage to your hardware device from the use of the Marketplace;
  •   a suspension or other action taken with respect to your account; or
  •   your need to modify practices, content, or behaviour or your inability to sell items, as a result of changes to these terms or our policies.

In some jurisdictions, certain of these exclusions may not apply (particularly to consumers).

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Marketplace.

Destashery cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the price the item sold for on eBay and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.

Nothing in these terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

10. Compensation

You will compensate us in full for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this agreement, your improper use of the Marketplace or your breach of any law or the rights of a third party.

11. Disputes between you and Destashery

We would urge you to contact us with any complaints, using the Contact Us form on our website or by email to hello@destashery.com.

We will consider reasonable requests to resolve legal disputes through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this agreement shall be governed and construed in all respects by the laws of England and Wales. You and Destashery both agree to submit to the non-exclusive jurisdiction of the English courts and that this agreement shall be governed by English law.

If any provision of this agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

12. General

Headings are for reference purposes only and do not limit the scope or extent of such section. If we fail or decline to act with respect to a breach by you or others, such failure does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this agreement.

We may amend this agreement at any time by email, or via the messaging inbox within the Marketplace, or by posting the amended terms on the Marketplace website. The amended terms shall automatically be effective 30 days after they are initially posted. By continuing to use the Marketplace after the effective date of the amended terms you accept those terms.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party specified in this agreement or which exists or is available apart from that Act.

The agreement and policies posted on our site are the entire agreement between you and Destashery and supersede all prior understandings and agreements of the parties.

Legal notices shall be served by registered mail to Destashery Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. We shall send notices to you by email to the email address you provide to Destashery during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

We may assign our rights and obligations under this agreement without your prior express consent, provided that we assign the agreement on the same terms or terms that are no less advantageous to you.

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Sharetribe’s terms of use

Destashery's marketplace runs on the Sharetribe marketplace platform. The general terms of Sharetribe below apply also to the use of Destashery and can be found at https://www.sharetribe.com/terms/. (These largely govern how Sharetribe provides backend services to Destashery.) No guarantees are given regarding the functioning of the Sharetribe service and therefore the functioning of the Destashery website.