This document sets out the terms on which Reskinned Resources Ltd (“Reskinned” or “we/us/our”) will accept your unwanted items in exchange for a credit against future purchases of items from the same brand partner.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE RESKINNED PLATFORM – WHICH MAY EITHER BE ACCESSED ON THE https://takeback.reskinned.clothing DOMAIN OR MAY BE EMBEDDED IN A BRAND PARTNER’S WEBSITE  (“Reskinned Platform”) OR SENDING US YOUR ITEMS. BY USING THE RESKINNED TAKEBACK SERVICE OR RETURNING ANY ITEMS VIA THE RESKINNED PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS (“Terms”).

1. INFORMATION ABOUT RESKINNED

The Reskinned Platform is operated by Reskinned Resources Ltd, which is registered in England and Wales under company number 12214659. Our registered office is at Reskinned, Unit 5, Maskell Industrial Estate, 29 Bidder Street, London, E16 4ST.

We operate and maintain the Reskinned Platform and provide a service that enables consumers to return unwanted items of clothing and other products (each an “Item”) of a particular brand (“Brand Partner”) in a sustainable manner and to receive a credit (“Credit”) against the purchase of new goods from the Brand Partner in accordance with the Brand Partner’s specified “Credit Redemption Rules”, which are made available to you at the time of listing your Items.

We may provide links on the Reskinned Platform to the websites of third parties (including the website of the Brand Partner). Such third party websites are not our responsibility and we accept no liability for the availability, suitability, reliability or content of such third party websites.

2. REGISTRATION

To return Items via the Reskinned Platform you must register using the online registration form.

To register, you must be an individual who is:

(a) at least 13 years old;

(b) resident in the United Kingdom; and

(c) legally capable of entering into contracts in the United Kingdom,

and you acknowledge that we may conduct verification procedures in respect of the above.

The Reskinned Platform is not targeted at children under 13 years old. We do not knowingly collect or request any information from anyone under 13 years old, or knowingly allow anyone under 13 years old to use the Reskinned Platform. Children under 13 years old are forbidden to provide us with personal information. If we discover we have collected personal information from a child under 13 years old without the consent of their parent or legal guardian, we will delete any such personal information as soon as possible.

We have no obligation to accept your application to register and may reject you, or stop you from registering, in our sole discretion.

You hereby warrant that the information provided by you to us is at all times true, accurate and complete. You further warrant that you shall notify us promptly in the event of any change to such information.

You shall keep your registration details for the Reskinned Platform (“Login Details”) confidential and secure.

3. USE OF THE RESKINNED PLATFORM

You shall use the Reskinned Platform only for the purposes expressly envisaged by Reskinned, as set out on the Reskinned Platform, and in accordance with these Terms.

You further agree that at all times you shall:

1. not use your Login Details with the intention of impersonating another person;
2. not allow any other person to use your Login Details;
3. not create more than one account on the Reskinned Platform unless we agree otherwise;
4. not do anything likely to impair, interfere with or damage or cause harm or distress to any other user;
5. not engage in unlawful or illegal conduct, or infringe any rights of any third parties;
6. comply with all instructions and policies from us from time to time in respect of the Reskinned Platform;
7. co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
8. use the information made available to you on the Reskinned Platform at your own risk;
9. not use the Reskinned Platform if you have been suspended or banned from using it;
10. not modify, interfere, intercept, disrupt or hack the Reskinned Platform, or misuse the Reskinned Platform by introducing viruses Trojans, worms, ransomware or other malicious code that would harm the Reskinned Platform or any user of the Reskinned Platform;
11. not copy, adapt, vary, edit, distribute, disassemble, decompile, any part of the Reskinned Platform; and
12. not mine data, screen scrape or crawl any party of the Reskinned Platform.

We may monitor your use of the Reskinned Platform from time to time.

You are solely responsible and liable for your use of the Reskinned Platform. We shall use reasonable endeavours to help you resolve any dispute with a Brand Partner, however, we will not be responsible for any dispute between you and a Brand Partner on any matter related to the redemption of your credit and you hereby release us from all claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

We reserve the right, in our sole discretion, to make any changes to the Reskinned Platform including any functionalities and content therein or to discontinue a specific feature from time to time.

4. DEFINING YOUR TAKEBACK ITEMS

You shall provide to Reskinned all information about the Items you wish to return, as requested via the Reskinned Platform (“Item Information”).

By providing the Item Information, you warrant and undertake that:

1. you have full title to the relevant Item;
2. the Item Information is accurate, complete, honest and not misleading; and
3. you adhere and shall continue to adhere to all applicable laws, rules, regulations and government or industry guidelines.
4. You shall neither return, nor provide Item Information in respect of, any Item that is or that contains:
5. counterfeit clothing or accessories (e.g. a t-shirt with a brand name or logo on which was not made or authorised by the applicable Brand Partner);
6. any item that has been illegally replicated, reproduced or manufactured;
7. any material that infringes the rights of third parties, including any intellectual property right (including but not limited to copyright, trade marks and design rights;
8. any items that are not accepted by the applicable Brand Partner (and therefore unable to be selected through the returns process); or
9. stolen goods.

All Item Information provided to the Reskinned Platform by you shall be in the format required by us and shall relate strictly and solely to the Item(s) you wish to return. You acknowledge and agree that once you have submitted the Item Details and confirmed the return via the Reskinned Platform, you will have formed a binding contract with us and you will be required to comply with the terms herein.

5. RETURNING YOUR ITEMS

You must arrange the dispatch of each Item within 15 days of submitting the relevant Item Information. If you are unable to do this, you must inform us of the delay via the Reskinned Platform.

You must return the Items using the courier service selected by you via the Reskinned Platform, and in accordance with all instructions notified to you via the Reskinned Platform in connection with such return.

You must ensure that each Item is packaged in a robust manner at the point of dispatch and that the package meets the size and weight criteria notified to you via the Reskinned Platform.

6. YOUR OTHER OBLIGATIONS AS A USER

You shall comply with all our policies and guidelines, published on the Reskinned Platform from time to time.

You hereby indemnify us in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses arising as a result of any breach by you of these Terms, or of any claim or action brought in connection with the Item, the Item Information, deliveries, collections, infringement of Intellectual Property Rights or any right of a third party.

7. YOUR CREDIT AGAINST NEW PURCHASES

Provided that you return of the Items in accordance with these Terms, Reskinned will provide you with a Credit as detailed on the Reskinned Platform (and in accordance with the applicable Credit Redemption Rules) within a reasonable time following receipt of your Items.

We will use reasonable endeavours to provide you with the Credit within 5 working days of receipt of your Items by Reskinned at its processing centre, and within 10 working days of the date on which you dropped the Items at the dropping off point selected by you through the Reskinned Platform.  However, we will not be liable for any delay in delivery or processing of your returned Items.

Reskinned shall not provide you with a Credit in respect of any Items returned that do not match the Item Information submitted by you, or in respect of any Items not received by us within 30 days of submission of the Item Information.

8. WARRANTIES

Both you and we shall comply with all applicable legislation.

We take steps to ensure the accuracy of the information accessed via the Reskinned Platform but we don’t guarantee that all information will be accurate, up to date or complete. In particular, we do not guarantee that the Redemption Rules provided by each Brand Partner will be accurate or up to date.

The Reskinned Platform and its contents are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of such destructive features.

9. DATA PROTECTION

For the purposes of these Terms, “Data Protection Laws” means all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), the Data Protection Act 2018 (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications)..

We process personal data (as such term is defined in the UK GDPR) which we collect as a data controller (as such term is defined in the UK GDPR) in the course of providing the Reskinned Platform. Where data is processed by us as a data controller, such processing is carried out in accordance with our Privacy Notice: https://reskinned.clothing/legal/privacy-notice We process such categories of personal data as are described in the above referenced Privacy Notice.

10. SUSPENSION AND TERMINATION

In consideration for your compliance with these Terms, we shall use our reasonable endeavours to provide you with the Reskinned Platform at all times.

We shall be entitled in our own discretion and upon notice to you, to suspend the Reskinned Platform whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension on non-availability of the Reskinned Platform (whether wholly or partly).

We may suspend or terminate your access to the Reskinned Platform (wholly or partly) in the event that:

1. we believe that you or someone using your Login Details has failed to comply with one or more of these Terms;
2. we believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Reskinned Platform (in whole or in part); or
3. we believe that you have provided us with any false, inaccurate or misleading information.

In the event that we restrict, suspend or terminate your access to the Reskinned Platform, we may do so immediately on notice.  Where reasonably practicable, we will provide you with a statement of our reasons for doing so before the decision takes effect. This will set out the specific facts or circumstances leading to our decision, and the relevant grounds for that decision. We are not required to provide a statement of reasons where we can demonstrate that you have infringed our terms, or if we are subject to regulatory obligations which require us not to disclose information. You will have the opportunity to clarify the facts and circumstances of the decision via our complaints process.

Clauses 1, 2, 3, 6, 8, 11 to 18 inclusive, and all clauses required for their interpretation, shall survive termination of these Terms for any reason.

11. OUR LIABILITY

If we fail to comply with these Terms, we shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform our obligations. If our failure to comply with our obligations is not remedied following such reasonable opportunity then, subject to the remainder of this clause 11, our total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to £25.

We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Reskinned Platform available to you. Whilst we take all reasonable steps available to us to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Reskinned Platform shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Reskinned Platform as a result of our service providers.

Subject to the exceptions set out in the last paragraph of this clause 11, below, we shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:

1. consequential, indirect or special losses;
2. loss of profits, income or revenue;
3. loss of savings or anticipated savings, interest or production;
4. loss of business or business benefits;
5. loss of contracts;
6. loss of opportunity or expectations;
7. loss of goodwill and/or reputation;
8. loss of marketing and/or public relations time and/or opportunities;
9. loss of data; or
10. loss of management or office time or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. Nothing in these Terms shall limit in any way our liability:

• for death or personal injury caused by our negligence;
• for any person acting in their capacity as a consumer section 2(3) of the Consumer Protection Act 1987;
• for fraud or fraudulent misrepresentation; or
• for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

12. INTELLECTUAL PROPERTY RIGHTS

We and/or our licensors own all intellectual property rights in and to the Reskinned Platform.

We hereby grant you a non-exclusive, non-transferrable limited licence to use the intellectual property rights in the Reskinned Platform only for the purpose of using the Reskinned Platform in accordance with these Terms.

You are expressly prohibited from:

1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Reskinned Platform including without limitation, any information, articles, photographs, images or submissions made available to you using the Reskinned Platform; and
2. removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.

You shall indemnify us against, and reimburse in full and on demand in respect of, all costs, expenses, fines and all other losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any third party claim that one or more Items you have provided to us infringe such third party’s intellectual property rights.

13. NOTICES

All notices given by you to us must be given to Reskinned Resources Ltd using the contact details set out on the Reskinned Platform. We shall give notice to you by posting details on the Reskinned Platform, by using the e-mail or postal address you provided on registration, or such other e-mail or postal address as you notify to us in writing from time to time. Notice will be deemed received and properly served immediately when posted on the Reskinned Platform, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. SEVERABILITY

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole terms between you and us and supersede any previous arrangement, understanding or terms between you and us relating to the subject matter of these Terms. Each party acknowledges that, in entering into these Terms, (and the documents referred to in it), neither of them has relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.

Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

16. VARIATION OF THESE TERMS

We may amend these Terms at any time by providing you with notice in writing, by email or via a message displayed on the Reskinned Platform. We will provide at least 15 days’ notice before any changes to these Terms shall take effect. Your continued use of the Reskinned Platform (whether wholly or partly) after the end of the notice period shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms. If you do not agree with the changes to these Terms, you may terminate your agreement with us by notice in writing or by email, or by closing your Reskinned account.

17. FORCE MAJEURE

We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond our reasonable control, including but not limited to any of the following:

1. Acts of God, flood, earthquake, windstorm or other natural disaster;
2. epidemic or pandemic;
3. war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
4. terrorist attack, civil war, civil commotion or riots;
5. nuclear, chemical or biological contamination or sonic boom;
6. any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;
7. fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or adverse weather conditions;
8. interruption or failure of utility service, including but not limited to electric power, gas or water;
9. any labour dispute, including but not limited to strikes, industrial action or lockouts;
10. non-performance by Brand Partners or suppliers; and
11. collapse of building structures, failure of plant machinery, machinery, computers or vehicles.

18. MISCELLANEOUS

If we fail at any time to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

We reserve the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of our obligations under these Terms.

19. LAW AND JURISDICTION

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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