These terms and conditions (together with the information and policies contained in the Privacy and Cookies Policy, “Customer Service” pages on the website, and all other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website Street Fetch, any mobile device application or desktop application developed by us or on our behalf (Website(s) or Site(s)), operated by or on behalf of Street Fetch d/b/a Street Fetch whose registered office, (“Street Fetch”, “we”, “us” and “our”), and the services that we provide or are provided by one or more of our third party providers, as more particularly detailed below in Section 3 titled Operation of Website and Services (“Services”).
You may not always be charged in the currency of your local area. To see all currencies in which you will be charged, please reference the country selection menu available on the Site. Your purchase of any of the products offered on the Site (Products) is subject to these Terms and Conditions and by placing an order for any Product you agree to be bound by them. You should print a copy of these Terms and Conditions for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
Street Fetch reserves the right to change any of the terms of these Terms and Conditions, including policies incorporated by reference herein (unless otherwise specified by Street Fetch in such policies), at any time and in our sole discretion. If we modify these Terms and Conditions, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the “Effective Date” at the top of these Terms and Conditions. Please review this page and these Terms and Conditions from time to time so you are aware of any changes. By continuing to access or use the Services after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.
2. Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. In order to use the Services you must be over 18 years of age.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that all registration details you provide to us are accurate and up to date. If you choose, or you are provided with, a log-on ID (such as a username and/or password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions or if any details you provide for the purposes of registering as a user prove to be false.
3. About Us and Operation of Website and Services
a. About us
We provide the Services, except for the Services outlined in section 3(b) below, to you through the Website. When you purchase Products using the Website, you are purchasing them from third-party consignors on our Site or from us. It is important that you understand certain contracts for the purchase of the products may be between you and the relevant consignor. In certain transactions, we are acting as agent on behalf of the consignors, which are the principals, and we are authorized by the relevant consignors to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, in relation to your purchase of the products are set out in sections 4 and 5 below.
Products, price and availability are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. We attempt to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. Please contact our Customer Service Advisors if you would like more information about a Product. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the Products.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions affect these legal rights except as otherwise expressly set forth herein and allowed by applicable law. The Products sold are supplied for your domestic and private use only. Street Fetch does not guarantee, warrant or endorse any product or service not manufactured or performed by Street Fetch, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Street Fetch. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access the Site.
Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Street Fetch or any of its directors, officers, employees, related companies, parents, subsidiaries, merchants, content providers, or Farfetch or any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers, or any other party involved in the creation or maintenance of this Site be liable for the following arising out of or in connection with the use of or inability to use this Site: indirect or consequential damages; loss of data, income or profit, loss of business; business interruption, or loss of business opportunity; loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Neither Street Fetch nor Farfetch assume any responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
5. Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. We may make a charge for delivery which will be shown prior to checkout and your purchase of the products. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Pay Now” button on the checkout page.
After placing an order, you will receive an order confirmation email from us acknowledging that we have received your order and giving you an order reference number. Please note that the receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Street Fetch reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Your order will be fulfilled by the delivery date set out in the order confirmation, unless there are exceptional circumstances or a force majeure event.
Your order will be delivered to the delivery address you specify when placing your order.
If your delivery address is geographically remote, for example certain isolated locations or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
Products within a single order cannot be delivered to different addresses.
Deliveries are made by third party carriers contracted by us or Farfetch. Please note that specific carriers may require signature upon delivery.
If you order Product(s) for delivery outside the United States, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return an item, the import duties will be refunded if they were originally included in the purchase price. If they were not included then you will responsible for reclaiming duty directly from your local customs office.
Please also note that you are responsible for complying with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
7. Risk and ownership
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
8. Price and payment
Prices include VAT where applicable, but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart, and have selected your chosen different delivery method.
Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount; however please note that Product pricing may vary based on consignor. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection. We reserve the right to cancel your order under these circumstances.
Payment for all orders must be made on the checkout page using an acceptable payment method as set forth on the checkout page.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and Product orders will not be fulfilled until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any such charge.
From time to time we may run promotions during which we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the Terms and Conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
9. Returns policy
Please see our Returns Policy for information on returns, exchanges, and for further information on cancelling your order under applicable law.
10. Product information
While we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order (see Contacting us).
11. What you are allowed to do
You may only use the Site for non-commercial use and only in accordance with these Terms and Conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.
12. What you are not allowed to do
Except to the extent expressly set out in these Terms and Conditions, you are not allowed to:
– ‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
– remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
– create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; or
– transmit or post any materials to the Site that are unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. We reserve the right to remove any links, transmissions, or posts you make to or on the Site in violation of the prohibitions above and to cancel any account without notice as determined in our sole discretion.
All rights granted to you under these Terms and Conditions will terminate immediately in the event that you are in breach of any of them.
13. Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Farfetch, Street Fetch or our licensors. Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms and Conditions), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
Street Fetch is a registered trademark in the United States and other countries. Street Fetch trademarks may not be used without the written permission of Street Fetch and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Street Fetch. All use of any Street Fetch trademark, both registered and unregistered, as well as all good will which arises from such use, inures to the sole and exclusive benefit of Street Fetch.
Any rights not expressly granted herein are reserved.
Copyright and proprietary rights
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Street Fetch, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Street Fetch.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Street Fetch. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Street Fetch’ copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, photographs, button bars, service marks and trade names which Street Fetch uses in connection with the Site shall remain the exclusive property of Street Fetch. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Street Fetch. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
14. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Street Fetch’ Copyright Agent with the following information in writing:
i. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Street Fetch’ designated Copyright Agent to receive notifications of claimed infringement is: Randy Friedberg, Esq., White and Williams LLP, 7 Times Square, Suite 2900, New York, New York, 10036; email: firstname.lastname@example.org. Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Street Fetch suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
15. Communications provided by user
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Street Fetch or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Street Fetch is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the Site, you assign all own all right, title, and interest by assignment to such content to Street Fetch. To the extent such assignment is ineffective for any reason you grant Street Fetch and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Street Fetch and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
You agree to defend, indemnify and hold harmless Street Fetch and its directors, officers, employees, agents, assigns and Farfetch and its directors, officers, employees, agents, and assigns against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and costs, arising from or related to your use of the Site or any material or content you post to the Site.
17. Content and Disclaimer
We may change the format of the Site and/or Content from time to time. You expressly acknowledge and agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
While we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any Content and, to the fullest extent permitted by law, Street Fetch disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose ,all implied warranties, conditions and other terms of any kind and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its Content. Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Street Fetch does not represent or warrant that the information or merchandise provided through this Site is accurate, complete or current.
We cannot and do not guarantee that any Content or anything on the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
18. External links
The Site may, from time to time, include links to external sites, which may include links to third party websites, offers and/or promotions. We are not responsible for the content of these third- party sites including without limitation, any link contained in these sites, or any changes or updates to these sites, or for anything provided by them and do not guarantee that they will be continuously available. We are not responsible for webcasting or any other form of transmission received from any of these sites. The fact that we include links to such external sites does not imply any endorsement of or association with any third-party sites or their operators or promoters.
19. Our liability
Except for any liability that, by law, may not be limited or excluded in no event shall we be liable to you for any losses and any liability we do have for losses you suffer arising from any order shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order that is caused by events outside our reasonable control.
Street Fetch reserves the right, in its sole discretion, to terminate your use of the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site for any or no reason in its sole discretion. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
21. Governing law; Arbitration
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles.
Any dispute or claim relating in any way to your use of the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise. Judgment on the award may be entered in any court having jurisdiction. If either Party brings any action or proceeding by reason of any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs) from the other Party. The term “prevailing party” means the Party obtaining substantially the relief sought, whether by compromise, settlement or judgment.
The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
All notices given by you to us must be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is found to be unenforceable, all other provisions shall remain unaffected.
These Terms and Conditions may not be varied except with our express written consent.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any order.