Terms of Conditions
Please read these terms and conditions carefully before using our services!
Kidsy is a resale marketplace, offering a convenient option for shopping and selling quality secondhand children’s clothing, shoes, accessories, toys, books, electronics. durables and furniture.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to Kidsy or the Services, are collectively referred to herein as “Content.” The submitting user retains ownership of Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user grants Kidsy a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable license to use, reproduce, modify, publish, translate, distribute, and display such Content (in whole or part) on the Services and for any other reasonable purpose. Without limiting the foregoing, such license shall extend to the use of any submitting user’s Content in marketing emails, share pages or other advertising materials that we may develop or distribute from time to time. Kidsy has not, and will not, review, monitor or edit the Content for accuracy, authenticity, timeliness, integrity or completeness. Kidsy shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or to be illegal or otherwise inappropriate for the Services. Kidsy, in its sole and absolute discretion, may preserve Content and may also disclose or otherwise use Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Kidsy, users of the Services or the public. Without limiting the generality of the foregoing, we advise you that the Services contain features that allow users to send non-public messages to each other and that any messages or other information sent between or among users using such features are considered Content hereunder. While it is not our policy to generally monitor or review user messaging activity, we advise you that we may review, disclose and use information contained in any such messages for any of the purposes described above. We may from time to time invite users of Facebook, Instagram or other social network sites to associate photos or other content posted to such sites with customized hashtags that we suggest (such as “#shopkidsy”) for the purpose of identifying photos or other content that may be relevant to users of the Services or for our promotional activities. By associating photos or other content with any such hashtag, you agree that such photos and other content will be deemed Content hereunder and subject to these Terms.
In order to maximize the user experience in using the Services, and avoid, eliminate or minimize some of the disruptive, disrespectful and nonproductive activity you often encounter at other websites and blogs, we ask you to follow these rules: (a) do not upload to, distribute through or otherwise publish through the Services any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) do not use the Services in any manner that could be offensive, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) only use the Services in a manner consistent with all laws and regulations and in accordance with these Terms; (d) do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose; (e) only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) do not violate, plagiarize, or infringe on the rights of third parties, including without limitation copyright, trademark, trade secret, privacy, publicity or other proprietary rights; and (g) do not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, affiliate marketing offers, link referral codes, junk mail, “spam,” chain letters or pyramid schemes.
FEES AND TAXES
Creating a user account with Kidsy and listing items for sale through the Services is free. Prices for items listed on the Services are always displayed to buyers with a shipping price listed near it. Sellers may offer free shipping or free pick up for items listed. The Services permit sellers to offer discounts on individual-item or multiple-item orders from a single buyer. "An “Order” refers an item or group of items purchased by a single buyer from a single seller in the single “Cart” checkout on the Services. When an Order is placed, we charge the seller of the Order a transaction fee equal to 5% of the aggregate Listing. The amount the seller makes for Order (the “Seller Proceeds”) is thus 95% of the aggregate Listing Price for the items in the Order. Unless otherwise stated, all fees are quoted in US Dollars (USD). Our fee policy is subject to change. We will post any permanent changes to our fee policy by updating these Terms in accordance with the first paragraph of the Terms. We may also choose to temporarily change the fees for certain services for promotional events; such changes are effective when we post the temporary promotional events on the Services or otherwise provide notice to you. We may waive or reduce our fees for certain users or groups of users in our sole discretion. We may, at our sole discretion, change some or all of our Services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service. In certain situations, including but not limited to a void or invalid transaction, we may issue a reimbursement of applicable fees to a seller. Orders are subject to all applicable state, provincial, or local sales and use taxes, and all similar transaction-based taxes (“Taxes“). The amount of Taxes may be based on a number of factors, including but not limited to the type of items purchased, the buyer’s designated delivery address, and/or the location of the seller. Taxes are not included in the list price for items listed by sellers on the Service, but will be displayed to buyers before confirmation of the Order. Buyers are responsible for paying all Taxes that Kidsy is legally required to collect. Buyers may use certain Kidsy promotions or credits, including Kid Credits or credit in a seller’s account, towards the purchase of items. Depending on the type of promotion or credit used, the amount of Taxes may be reduced. The application of the promotion or credit will be reflected in the Order upon checkout. Kidsy will collect Taxes from buyers on behalf of sellers where we are legally obligated to do so, including in those states that have enacted legislation requiring marketplaces, like Kidsy, to collect Taxes. In these states, the amount of Taxes collected will be submitted by Kidsy to the appropriate taxing authority on behalf of sellers. In those states where Kidsy does not collect Taxes on behalf of sellers, sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with all applicable state or local tax laws.
Sellers pay for shipping on Kidsy. As a seller, when listing an item, you should factor the cost of packaging and shipping before setting the Listing Price for the item. Sellers may combine multiple items purchased in a single Order into a single package and may offer discounts to buyers to account for reduced shipping cost associated with such combined packaging. All Orders must be shipped using a trackable shipping method offered by the U.S. Postal Service (“USPS”), United Parcel Service (“UPS”), Federal Express (“FedEx”) or another shipping service recognized by the Services. Sellers may also offer the option of picking up an item. Seller must confirm the Order by purchasing trackable postage for the Order (at USPS, UPS, FedEx or another approved shipping service) and entering the tracking number in the Order confirmation screen on the Services. SELLER PROCEEDS RESULTING FROM A SALE WILL NOT BE CREDITED TO THE SELLER’S ACCOUNT (AS DESCRIBED BELOW) UNTIL THE SHIPPING LABEL IS SCANNED OR THE TRACKING SERVICE USED OTHERWISE INDICATES THAT ORDER HAS BEEN SHIPPED. The seller must package the items in the Order, and print and affix the shipping label to the package, using the seller’s own printer, tape, and packing materials. The seller must then ship the package by dropping it off at a USPS Post Office or giving it to a USPS mail carrier. The seller of an Order must ship the Order (tracking must show the order as scanned in as shipped) within 7 calendar days of the date of purchase or the buyer can request a refund. If the order doesn’t have any tracking information, the buyer will automatically receive a full refund if the buyer requests it. If the seller has provided tracking information but the tracking shows the package hasn’t shipped, Kidsy will contact the seller to inquire about the order. The buyer will receive a full refund if the tracking status does not update to shipped within 2 business days of Kidsy contacting the seller. If you are a seller and unable to ship an item within 7 days of the date of purchase, please contact us.
PRIVACY AND DATA RETENTION
PURCHASES AND PRICING
RETURN AND REFUND POLICY
Except as otherwise stated, you have 3 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the refund method you choose, either in the form of Kidsy online shopping credit or in your original form of payment. If you choose to receive a refund in your original form of payment, a return shipping fee will be deducted from your refund amount. If you choose to receive Kidsy shopping credit, Kidsy will provide you with a prepaid return label. However, customers initiating more than one return per month will be responsible for the cost of return shipping. Items purchased with Kidsy shopping credit will always be refunded back as shopping credit. Original shipping charges will not be credited or refunded when returning items. Please note that we will only offer credit or a refund for items if they are returned to seller on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your returned item will be forfeited. We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact us.
While we ask all sellers to be as accurate as possible, Kidsy does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We ask sellers make every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that every seller will follow this and that your computer monitor’s display of any color or style will be accurate. If a product offered by a Kidsy seller is not as described, your sole remedy is to return it in unused condition.
ESTIMATED RETAIL PRICING FOR SECONDHAND ITEMS
The strikethrough price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, construction and material offered elsewhere in new condition. If more than one strikethrough price is shown, the highest-priced strikethrough price next to the item represents the estimated original retail price referenced above and the lower-priced strikethrough price represents the original listed price on Kidsy. While we acknowledge that pricing is not an exact science, we ask our sellers to provide fair and accurate pricing information. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.
Kidsy prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. Kidsy cannot verify the authenticity of an item and asks sellers to only list authentic items.
Please note that Kidsy is an independent reseller and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third party brand names and logos used in any commercial context by Kidsy are trademarks and/or registered trademarks of their respective holders. Any such appearance does not imply any affiliation with or endorsement of Kidsy.
FEEDBACK AND USER CONTENT
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. Kidsy reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of Kidsy if Kidsy should choose to use the User Content. Kidsy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Kidsy does include your User Content, or any part thereof, you are deemed to have granted Kidsy a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform. You acknowledge and agree that the User Content may be used by Kidsy, for marketing purposes, including without limitation, email, social media, direct mail, etc., or on any sites Kidsy owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services.You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify Kidsy, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company’s use of your User Content.You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kidsy for all claims resulting from User Content you supply. Kidsy has the right but not the obligation to monitor and edit or remove any activity or User Content. Kidsy takes no responsibility and assumes no liability for any User Content posted by you or any third party. Kidsy, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you. Kidsy reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Kidsy, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the Kidsy, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by Kidsy. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
By creating an account, you agree that you may receive communications from Kidsy, including, but not limited to newsletters, promotions, special offers, account reminders and updates.When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting us.
RIGHT TO ACCESS
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. For example, Kidsy does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE. RESTRICTED ACTIVITIES With respect to your use of the Services and Website, you agree that you will not impersonate any person or entity; stalk, threaten, or otherwise harass any person, or carry any weapons; violate any law, statute, rule, permit, ordinance or regulation; interfere with or disrupt the Services; post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services; rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; link directly or indirectly to any other websites; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, cause any third party to engage in the restricted activities above; use the Website and Services for any unlawful purposes; sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof; collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section “Communications and Other Content”]; adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof; download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant; use any meta tags or any other “hidden text” utilizing Kidsy name or trademarks or any third party’s name or trademarks without the express written consent of Kidsy or the applicable third party; publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website; collude against another person in restraint of trade and competition; create a hyperlink to the Website, or any page of the Website, without Kidsy’s express written consent; or imply affiliation with or endorsement or sponsorship by Kidsy, or cause confusion, mistake, or deception in connection therewith.
LIMITATION OF LIABILITY AND DISCLAIMER
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY KIDSY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KIDSY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIDSY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. KIDSY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, KIDSY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KIDSY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIDSY IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER NEW JERSEY LAW.
> You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms.
> YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.