Last Updated: December 28, 2015.
Within this agreement these terms have the following meanings:
the Service: Any service provided on www.suitshare.com by Suit Share.
User: Any person using any service provided on www.suitshare.com.
Registered User: Any User who has registered by creating an account through the sign-up page.
Seller: A Registered User who has posted a Listing.
Buyer: A Registered User who has provided payment details and either shown the intention to purchase a Seller’s Item or paid for a Seller’s Item.
User Content: Any images, text, or other media posted or uploaded by a User through the Service.
Listing: Any Item uploaded by a User to sell.
Wallet: Earned USD currency available for a Seller to withdraw once it exceeds 100 USD.
Transaction: The transfer of ownership or currency of any product through the Service.
ABOUT THE SERVICE
The Service provides Users with a digital platform to search, sell, and purchase qualified Items. Users may search Listings for information and may register to buy these Listing products. Registered Users may post Listings in order to offer or sell Items.
To offer to sell an Item on Suit Share, Registered Users may use the form provided on the submit listing page. Only the listed clothing options are allowed to be posted to sell. Any Item to be listed must be explained with as much information as possible including, but not limited to, warranties offered, product defects, sizing information, shipping details, and accurate photographs. Sellers may modify or retract a Listing at any time before it is purchased.
Sellers must use a shipping company that provides an online shipping tracking number which can be provided to the Buyer. If a Seller’s Listing is purchased by a Buyer, that Seller is obligated to have the Item shipped or in transit within 7 days of the time of purchase. The Seller must upload the shipping provider, a valid tracking number, and estimated delivery date once the Item is shipped. Failure to provide a valid shipping provider, tracking number or estimated delivery date within 7 days of the initial time of purchase may result in a refund for the Buyer (see terms outlined under “Payments”) or a ban of the Seller’s account. If Suit Share has reason to believe a Seller has misrepresented a sold Item, the Seller may be denied payment (see terms outlined under “Payments”) at the sole discretion of Suit Share. 7 days after the initial date of purchase, if all other Seller obligations are met, the amount of purchase will become available in the Seller’s Wallet (see terms outlined under “Payments”).
A Buyer may accept a Seller’s offer and pay for the Item in compliance with the terms outlined under “Payments”. A Buyer confirms their shipping address is current when accepting a Seller’s offer. Within 7 days of the initial purchase the tracking number, and estimated delivery date in order for the Buyer to track their Item. If the Buyer does not receive this shipping information through email or in their account on the website within 7 days, the Buyer will be refunded for the full the amount of the initial purchase. If the Buyer receives an invalid tracking number, the Buyer must click the “Invalid Tracking Number” button on the “My Purchases” page within 7 days of the initial purchase. If Suit Share deems the tracking number to be invalid, 7 days after the initial purchase date the Buyer may request a refund for the full amount of the initial purchase. If the Buyer does not receive their Item within 3 days of the estimated delivery date the Buyer should click the “Didn’t Receive Item” button on “My Purchases” and should contact the shipping provider for details. Suit Share may withhold the payment for the Seller until the Buyer receives the Item. If the Buyer receives an item that is excessively defective, faulty, or counterfeit the Buyer must click “Defective Item Received” button on the “My Purchases” page within 3 days of the estimated delivery date. Suit Share will make a reasonable attempt to communicate with the Buyer and the Seller in order find a solution.
Use of the Service is at the risk of the User. Suit Share acts solely as a marketplace for Registered Users to offer, buy, and sell Items. Suit Share does not obtain legal ownership of any Item and does not transfer ownership between any party. Items are not screened and Suit Share can not guarantee the quality, authenticity, size, or any other aspect of a Listing. Suit Share is not liable for any content or Items posted through the Service.
Suit Share is entitled to a commission on each Item sale conducted through its service. The exact amount of commission is outlined at www.suitshare.com/pricing. Suit Share will make a reasonable attempt to notify Users of any change in commission prices. The commission will be subtracted from the total listing price of a Listing (price plus shipping cost). The amount after commission deduction, rounded down to the nearest cent, is what will be available to the Seller. If all the Seller obligations outlined above in “About the Service” are met, the amount after commission deduction will become available 3 days after the estimated delivery date in the Seller’s Wallet. Once a Seller’s Wallet has reached 100 USD, they may withdraw the money to an eligible bank account free of charge. Suit Share uses a third party payment processor to process Wallet withdraws, see “Third Party Services and Disclosures” below. If a Seller has not met their obligations outlined above in “About the Service” they may not be eligible to receive payment for their Item.
All purchases through Suit Share are made with credit cards. You must use a valid credit card in order to purchase an Item. Suit Share uses a third party payment processor (See “Third Party Services and Disclosures” below) to store and verify your credit card. Your credit card will not be charged unless you purchase an Item, at which time you agree to let Suit Share charge your credit card. If a Buyer is eligible for a purchase refund consistent with the terms outlined in “About the Service”, that refund will be refunded to the original credit card of the purchase. Under no circumstances will refunds be issued to credit cards that did not pay for the original Transaction.
THIRD PARTY SERVICES AND DISCLOSURES
POSTING RESTRICTIONS AND CONDUCT
You are solely responsible for any User Content you post, upload, link, or provided access to. Suit Share acts only as a means for you to publish and distribute your content. You agree not to post information that is factitious, malicious, or otherwise misleading. You agree you are solely responsible for any activity that occurs from your signed in account. You understand that you are solely responsible for any damages, losses, or liabilities that result from your User Content as Suit Share is not liable for any User Content posted through your account. Suit Share reserves the right to remove or modify any User Content on the Service at its sole discretion.
All information including opinions, offers, guidance, and assertions post by Users as User Content through the Service remain that of their authors. Suit Share does not screen User Content and does not make any guarantee of the legitimacy, accuracy, or legality of any such content. Suit Share assumes no responsibility for any circumstances arising from such content. Suit Share has the right, but no obligation, to monitor, modify, or remove any User Content on the Service at its sole discretion, with or without notice, that it deems violates this agreement, violates any law, or could be considered offensive to other Users. Users should contact Suit Share support if they become aware of any misuse of the Service.
LICENSE GRANT FOR USER CONTENT
By posting and or providing any User Content, you expressly grant, and represent and warrant that you have a right to grant, to Suit Share a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, list information regarding, edit, translate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
By using the Service you agree that to receive electronic communications from Suit Share to the email address provided upon registration. You agree that all notices, disclosures, agreements, or other communications provided to you through electronic communication will satisfy any of the legal requirements that would be satisfied by non-digital writing.
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. SUIT SHARE EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUIT SHARE MAKES NO WARRANTY THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE FULL RESPONSIBILITY FOR ANY LOSSES OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THE SERVICE OR CONTENT OBTAINED THROUGH THE USE OF THE SERVICE.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SUIT SHARE, ITS DIRECTORS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, (A) THE DISCLOSURE OR DISPLAY OF ANY USER CONTENT, (B) YOUR INABILITY TO USE THE SERVICE, (C) ANY INTERACTION BETWEEN YOU AND SUIT SHARE OR YOU AND ANY USER. IN NO EVENT SHALL SUIT SHARE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SUIT SHARE HEREUNDER OR USD $100, WHICHEVER IS LESSER.
If any part of this agreement is deemed unenforceable or invalid, that part of the agreement will be construed consistent with applicable law. All remaining parts or sections will remain fully enforceable. Any failure on the part of Suit Share to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Suit Share must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.