TERMS AND CONDITIONS
Last Updated: October 6, 2015
Please carefully read the following, as it contains important information regarding your legal rights and remedies.
HauteTrader is an online community in which third-party Trade-Offer Initiators and Trade-Offer Recipients may trade fashion items and the site's virtual currency, Haute-Points. A trade can consist of an item-for-item exchange or a Haute-Points-for-item exchange of our Haute-Points. A Member may be a Trade Initiator, a Trade Recipient or both. HauteTrader is the merchant of record and processes transactions for all trades from your account, including relevant shipping charges. HauteTrader does not charge for listing fees. You warrant and represent that you have the right and ability to trade the listed item and that you have provided accurate and complete details of the listing. By entering into a Trade Agreement, or posting a listing for trade, you agree to complete the transaction as described in this Agreement. Any action or inaction may be legally actionable by HauteTrader and other parties.
2. ELIGIBILITY TO TRADE
Enrollment in the HauteTrader community requires that you: (1) agree to these Terms of Service; (2) provide accurate information and identification details, and (3) submit any form of authentication requisite to the enrollment, identification and authentication process, under HauteTrader’s sole and absolute discretion. By accessing the Site, utilizing any of the Services or registering with us, you have opted in to receive e-mail communication from us.
This Site and our Services are available only to Members who can form legally binding contracts under applicable law. By using this Site and/or Services, you represent and warrant that you are at least eighteen (18) years of age and that you are authorized to use the chosen payment method (including, and without limitation to, credit cards) for the purpose of the Site and/or Services as described herein. You represent and warrant that you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. HauteTrader may, within its sole and absolute discretion, refuse to offer access to, or use of, the Site and/or Services to any person or entity, and reserves the right to change its eligibility criteria at any time.
3. MEMBER ACCOUNTS
In order to access features of this Site or use Services found at this Site, you will be required to create a Member Account. You represent and warrant that all information submitted when you create your Member Account is accurate, current, complete, and truthful; and that you will keep your Member Account information accurate, current, complete, and truthful. You are solely responsible for updating and correcting the information you have provided to HauteTrader by updating the information on the Member Account you establish on the Website.
We encourage you to maintain the confidentiality of your account and password, and to restrict access to your account. We cannot guarantee that our security measures will ensure the security of the account or of your information. You are solely responsible for the activity that occurs on your Member Account, whether or not it has been authorized by you. You must notify HauteTrader immediately of any breach of security or unauthorized use of your Member Account. Please e-mail firstname.lastname@example.org with any inquiries or to report unauthorized use of your Member Account. HauteTrader will not be held liable for any loss incurred during the unauthorized use of your Member Account. HauteTrader, within its sole and absolute discretion, reserves the right to refuse service or to terminate your Member Account.
4. YOUR USE OF THE SITE AND SERVICES
You acknowledge and agree that:
- Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not impersonate or misrepresent another person, including, and without limitation to, another Member, an employee of HauteTrader or any other person or entity.
- You only hold only one account with HauteTrader.
- You will not use this Site or the Services found at this Site in a manner (as determined by HauteTrader within its sole and absolute discretion) that is, including, and without limitation to, illegal, defamatory, harassing, threatening, abusive or otherwise objectionable, vulgar, offensive, obscene, pornographic (including child pornography); neither will you use it to transmit hate speech, hate crimes or violence; spam or other unsolicited bulk e-mail; nor to conduct computer or network hacking or cracking, or make any attempt to interfere with the operation of this Site or the Services found at this Site; nor will you install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, harming or limiting the functionality of any software or hardware; or contains false or deceptive language, or unsubstantiated or comparative claims, regarding HauteTrader or HauteTrader’s Services; or promotes or encourages any of the aforementioned.
- You will not transmit via the Site or through the Services any information, data, text, images, files, links, or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us.
- You will not copy, distribute, tamper with or obtain access in any medium to any part of this Site or the Services found at this Site, except where expressly authorized by HauteTrader.
- You will not harass, embarrass, cause distress or discomfort to, breach any duty of confidentiality to, invade the privacy of, or violate any personal or proprietary right (including intellectual property rights) of any Member, employee of HauteTrader or other individual or entity.
This is not an exhaustive list of the activities that may result in our exercising the right to refuse you access to our Site or Services, terminate your Member Account, or edit content on your Member Account (referred to herein as Member Content). You may not export anything from this Site or our Services, in any way, in violation of United States law. You also agree to indemnify, hold harmless and defend HauteTrader and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense resulting directly or indirectly from a claim by a third party that is based on your use of this website in violation of these terms
5. USE OF HAUTETRADER CONTENT
We acknowledge that there may be inaccuracies, delays, omissions or typographical errors regarding the content on this Site and the Services found at this Site (“HauteTrader Content”). HauteTrader reserves the right to make changes to document names, content product specifications, and other information without obligation to notify any person of such changes. We will undertake reasonable efforts to update the Site and our Services upon written notification of any errors. HauteTrader reserves the right to make changes to document names and content product specifications, or other information without obligation to notify any person of such changes. Use of the Site and HauteTrader Services do not constitute any right or license, by grant, implication, estoppel or otherwise, except as expressly permitted with the prior written permission of HauteTrader. All HauteTrader Content is owned by or licensed to HauteTrader in perpetuity, and is subject to copyright, trademark, trade secret and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.
6. MEMBER CONTENT
One of the features of HauteTrader is our online marketplace community. You acknowledge that you are responsible for any Member Content, including, and without limitation to, postings, pictures and descriptions you may submit through the Site or Services, including the legality, reliability, appropriateness, originality and copyright of any such submissions. You agree to grant HauteTrader, for any purpose within our sole and absolute discretion, perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use your Member Content under any personal or proprietary right (including intellectual property rights) or to create derivative works based upon your Member Content, name, image, voice or likeness. HauteTrader is under no obligation to review any Member Content and assumes no responsibility or liability relating to any such Member Content. By using this Site or our Services, you expressly release HauteTrader from any and all liability arising from your use and our use of your Member Content.
7. ITEM LISTING
7a. Listing Prohibitions:
HauteTrader prohibits the listing or trading of any item of which you do not have legal authority or possession, or which is illegal or counterfeit under any applicable law, statute, ordinance or regulation. You must describe your item listing truthfully, accurately and reasonably with relation to its current and present-day condition.
7b. Item listing tier values:
HauteTrader assigns a tier value to each designer whose garments are eligible for trading via this website. HauteTrader reserves the right to amend the tier value attributed to a designer. We will make all possible efforts to avoid changing the associated value; however, in the instance that we amend the tier value assigned to a particular designer, any affected item in your closet will be reassigned with its new Haute-Points-Only purchase value.
Tier-1 items are valued at 100 Haute-Points
Tier-2 items are valued at 200 Haute-Points
Tier-3 items are valued at 300 Haute-Points
Tier-4 items are valued at 400 Haute-Points
7c. Premium Listings
When you list a Tier-4 garment, you have the option of listing it as a Premium Item. You'll send your item to HauteTrader HQ, where our fashion team will inspect the item and verify its authenticity before forwarding it to the recipient. We highly recommend this service for bags and purses.
Premium Items incur a $50 trade fee for the lister. The corresponding trader pays the normal trade fee except in the case that the item she's offering is also a Premium Item.
If we have reason to believe that the received item is inauthentic, we will cancel the trade, and send the item to the local authorities.
A Trade-Offer comprises up to 3 options from your Trader-Closet that you are willing to trade in exchange for an item from our marketplace. Upon submission of a Trade-Offer, we will pre-authorize your credit card for $25 (or $50, if your offer contains a Premium Item). Because we cannot predict which option the recipient will select, the pre-authorization charge is based upon the option of the highest possible value contained within your offer.
While the Trade-Offer is pending, the listing will not be available to other traders. The corresponding trader will have 24 hours to accept your offer and to select their desired option, or to decline the entire Trade-Offer. If the Trade-Offer is accepted, both traders are expected to ship said fashion item(s) within 3 working days. Trade-Agreements may not be retracted. If the Trade-Offer is declined, the pre-authorized hold will be released and a processing fee of $2.50 will be deducted. The trade initiator’s Trade-Fee will be released to HauteTrader only if the Trade-Offer is accepted.
9a. Item for item
In an item-for-item trade, one or more fashion items are offered in exchange for another fashion item. Members will receive Haute-Points as a reward for successfully completing a trade of this type.
9b. Item plus Haute-Points for item
In an item-plus-Haute-Points-for-item trade, a fashion item is combined with Haute-Points and offered in exchange for another fashion item. The Haute-Points included in the offer are transferred to the offer recipient upon successful completion of the trade. (Please note: Neither party will receive Haute-Points as a Trade-Reward upon successful completion of this type of trade.)
In a Haute-Points-Only trade, a fashion item is purchased by the initiating trader with only Haute-Points. Upon listing an item on HauteTrader, you thereby give full consent to allow your item to be purchased with the site's currency, Haute-Points. After an Haute-Points-Only trade agreement has been made, you may not retract or deny this trade.
10. HAUTE-POINTS USAGE
10a. Haute-Points Usage:
Haute-Points are HauteTrader's virtual operating currency. They are specific to, and (patent pending) intended to be used only on HauteTrader. Upon successfully completing an item-for item trade, both parties are rewarded with Haute-Points. The tier value of the traded item determines the amount of Haute-Points awarded for completing the trade. Haute-Points remain valid for 6 months after you receive them. By using this Site or our Services, you expressly release HauteTrader from any and all liability arising from your use of any Haute-Points. We reserve the right, within our sole and absolute discretion, to change the value of Haute-Points; remove a Member’s Haute-Points; award Haute-Points during promotional initiatives ; and to exclude or deny, for any reason, the use of Haute-Points. As a member of HauteTrader, you are required to recognize the validity of our currency and to accept payment in only Haute-Points whenever offered in exchange for your listed item.
10b. Tier Values in Haute-Points
Tier-1 items = 100 Haute-Points
Tier-2 items = 200 Haute-Points
Tier-3 items = 300 Haute-Points
Tier-4 items = 400 Haute-Points
11. TRADE FEES
Standard items incur a Trade-Fee of $25. Trades that are listed as Premium incur a $50 Trade-Fee. HauteTrader's Fee Policy, which is subject to change, is incorporated into this Agreement by reference. Unless otherwise stated, all fees are quoted in US Dollars (USD). Trade-Fees are inclusive of delivery and shipping costs. As a general rule, the offer initiator will be charged a trade fee only once the Trade-Offer has been accepted. We reserve the right to change the terms of this section, under our sole and solute discretion, in the future and without prior notice to you, and any change shall be effective immediately after the date of such change. If purchasing an item with only Haute-Points, the trade initiator may add Premium trade protection at the time of offer submission.
Upon confirmation of, and payment for, any agreement transaction, HauteTrader will issue a prepaid shipping label addressed to the appropriate location. if the item is listed as standard, the item will ship to the corresponding member's address; if the item is listed as Premium, it will ship to HauteTrader HQ.
Traders must ship the respective items to one another using the designated shipping labels and method within 3 days of receiving said shipping label. Once both members have confirmed receipt of the traded items, HauteTrader will release the related Haute-Points to their respective accounts. The Trade-Reward is calculated according to the tier value of the item's designer, as assigned by HauteTrader. In the case that a member fails to respond within the specified 3-day period, the trade delivery is automatically confirmed by the system and the item will be marked as having met the recipient's satisfaction, and the relevant member forfeits the right to raise a dispute.
Shipping Label Deactivation:
Due to third-party USPS label policy restrictions, a shipping label may be potentially active, even after the HauteTrader cancellation announcement date. HauteTrader policy withstanding, it is against the HauteTrader terms of agreement for a member to use this label after notice of trade cancellation.
13. TRADE AGREEMENT FORFEITURE
All items must be shipped within 7 days of trade agreement:
13a. If an Haute-Points-Only trader fails to ship the item within the agreed-upon time period of 7 days, the trade agreement will be canceled and the shipping label shall be considered null and void. The relevant trade fee will be forfeited, and the member who has failed to ship the item shall receive an automatic negative review.* The relevant Haute-Points will be returned to the account of the Haute-Points-Only trade initiator.
13b. If BOTH traders fail to ship the items within the agreed-upon time period of 7 days, the trade agreement will be canceled and the labels shall be considered null and void. The related trade fees will be forfeited and no Haute-Points will be issued as a Trade-Reward.
13c. If ONE trader fails to ship her item(s) within 7 days, HauteTrader will issue a reminder asking her to send it within the next 8 days. If she fails to ship the item before the extended deadline, HauteTrader may expel her from our community or launch legal action to retrieve said item(s). The member who has not received her item(s) is be refunded her Trade-Fee and is given the item's allocated Haute-Points value as compensation for her lost item.
14. POST TRADE REVIEWS
HauteTrader reserves the right to remove the below mentioned reviews
- Reviews that do not represent a user’s personal experience .
- Reviews unrelated to the actual reservation (ex: political, religious, or social commentary).
- Content that endorses or promotes illegal or harmful activity or violence, or is profane, vulgar, obscene, defamatory, threatening, or discriminatory.
- Content that violates another person’s or entity’s rights, including intellectual property rights and privacy rights (ex: publishing another person’s full name, address or other identifying information without permission).
- Content that is proven to be used as extortion.
- Content that refers to an HauteTrader investigation.
15. TRADE DISPUTE
If you should receive a damaged or faulty item, the wrong item, or the item is not as described, or any items are missing, please report the issue within 3 days of receiving the delivery. HauteTrader will strive to resolve the trade dispute within 5 days. Our dispute resolution team will investigate the matter and deem the trade good or bad. If the trade is deemed bad, you and the corresponding trader will each be issued a new shipping label and HauteTrader will consider the matter to have been resolved. Under such circumstances, Haute-Points will not be rewarded or transferred. In some cases Disputes may be upgraded to High Conflict. In this case disputes shall be facilitated through HauteTrader HQ.
16. LINKS TO THIRD PARTY WEBSITES
We have no control over, and assume no responsibility for, the content or practices of any third-party websites. Any third-party website accessed from HauteTrader’s Site or Services is independent from HauteTrader, and no third party nor any product or service provided by a third party shall be construed as having been approved or endorsed by HauteTrader. By using this Site or our Services, you expressly release HauteTrader from any and all liability arising from your use of any third-party website.
17. COPYRIGHT INFRINGEMENT
We take very seriously the infringement of intellectual property rights, and we ask that our Members do the same. You understand and accept that it is our policy to: (a) remove access to or remove the infringing material that we believe in good faith to be copyrighted material; and (b) terminate your Member Account, edit content on your Member Account or your Member Content.
If you believe that your intellectual property rights have been violated, please provide the following information, in writing, to our Copyright Agent:
- a signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a detailed description of the infringed work(s);
- specific documentation of the material that is to be removed, access to that which is to be disabled on our Site, and a description of where that material is located;
- your contact information (including address, telephone number, and e-mail address);
- a statement by you that you have good reason to believe that the use of the infringing material on our Site is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
c/o HauteTrader LLC
31 East 31st Street New York, NY 10016
18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED BY HAUTETRADER, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND ITS THIRD PARTY PROVIDERS AND LICENSORS, IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING, AND WITHOUT LIMITATION TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BY WAY OF EXAMPLE, BUT WITHOUT LIMITATION, HAUTETRADER DOES NOT WARRANT THAT: (I) THE CONTENT IS FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SERVICES OR THE SERVER ARE FREE FROM HARMFUL COMPONENTS OR VIRUSES. HAUTETRADER SHALL NOT BE HELD RESPONSIBLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY SUCH THIRD-PARTY MATERIALS, CONTENT, SERVICE OR POLICY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED BY HAUTETRADER, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND ITS THIRD-PARTY PROVIDERS AND LICENSORS, IS NOT, AND SHALL NOT BE, LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICES, INCLUDING, AND WITHOUT LIMITATION TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, MULTIPLE, EXEMPLARY (EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, USE OF OR INABILITY TO USE THE SITE OR OUR SERVICES, EVEN IF HAUTETRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE AND RELEASE HAUTETRADER, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND ITS THIRD PARTY PROVIDERS AND LICENSORS FROM ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE USE OF MEMBER CONTENT, MEMBER ACCOUNT, USE OF SITE AND OUR SERVICES, OR TO ANY ACT OR OMISSION BY MEMBERS, BY HAUTETRADER OR THIRD PARTIES. HAUTETRADER'S TOTAL LIABILITY TO YOU (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR SERVICES, NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), SHALL NOT EXCEED US$500.
You agree to indemnify, hold harmless, and defend HauteTrader, its subsidiaries, affiliates, partners, agents, licensors, consultants, experts, directors, officers, employees and other parties with which HauteTrader is under contract, and their respective officers, directors, employees and agents free and harmless whether directly or indirectly from and against any claims, damages, losses, liabilities, all costs and expenses of defense, actions and demands, including without limitation, any legal and accounting fees resulting from: (i) your use of and access to this Site or the Services found at this Site; (ii) your violation or misuse of any provision of this Agreement or the policies or agreements which are incorporated herein; (iii) a dispute with a Member; (iv) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; or (v) your Member Content. You expressly agree that your use of the Site or Services or any decision or trade resulting therefrom is solely at your risk. You shall not settle any claim without prior written approval of HauteTrader.
20. GOVERNING LAWS AND ARBITRATION
Notwithstanding, all other disputes shall be resolved by arbitration in the County of New York, in the State of New York, in accordance with the commercial arbitration rules of the American Arbitration Association. You agree to waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration. Any claim must be commenced within one (1) year after the claim arises. The parties shall bear the expenses of the arbitrators equally, except the prevailing party shall be entitled to an award of reasonable attorneys’ fees and arbitrators’ fees incurred in connection with the arbitration. All decisions of the arbitrator shall be final and binding on both parties.
21. FORCE DE MAJEUR
HauteTrade is, and will be, excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of HauteTrader. HauteTrader will provide the option of deferring shipment or receiving a refund of your charges if HauteTrader is temporarily unable to ship to you an item because of such an event.
22. MODIFICATION AND NOTIFICATION OF CHANGES
You acknowledge and agree that HauteTrader may, in its sole and absolute discretion and without notice, modify, revise, add or remove any portion of these Terms of Service at any time and in any manner, for any reason. You may not amend or modify the provisions of this Agreement under any circumstances. We encourage you to check this page periodically for any changes. Your use of the Site or Services after any change, regardless of whether you were notified of such a change, indicates acceptance of, and agreement to, any such change.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.
24. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
The representations and warranties, indemnities, limitations of liabilities and obligations shall survive any termination or expiration of this Agreement.
25. CALIFORNIA RESIDENCES
Under California Civil Code Section 1789.3, users of the Service from California have entitlement of the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California, Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
26. HOW TO CONTACT US
If you have any questions about this Agreement, please contact us via e-mail at email@example.com or by mail at the following address:
31 East 31st Street
New York, NY 10016
When you register at Haute-Trader.com, we ask you to provide us with your personal information. Required information includes your first name, last name, address, e-mail address, and password. Your personal information is collected in accordance with applicable law. This information is held in our secure server.
Please exit this site immediately if you do not accept this policy, or if you are accessing the site in a country or other territory where use of this site is not permitted by law.
We may need to update this policy from time to time. We recommend that you regularly check this page to ensure that you have read the most recent version.
E-MAIL/ MEMBERSHIP REGISTRATION
You may sign up for Haute-Trader membership or our newsletter by entering your e-mail address in the module found at the center of this page. We don’t send e-mails to customers or registered visitors unless you have expressly registered for membership. All e-mails contain an unsubscribe link, in case you should wish to opt out of receiving e-mails.
Haute-Trader will not disclose your details to any third-party companies besides the companies involved in the payment and fulfillment of your order. We may disclose your information to any relevant regulatory body when there is a legal obligation to do so. We may offer links to other websites. If you follow a link to any of these websites, please note that these websites will have their own privacy policies. We do not accept any responsibility or liability for these websites.
NOTIFICATION OF CHANGES
CONTROLLING YOUR INFORMATION
You can log in to your personal account with your e-mail address and password to view or change your personal information before and after we launch the site. Please send an e-mail to firstname.lastname@example.org if you want us to remove your personal data from our database.
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