Grailed, Inc. Terms of Service
Welcome to Grailed! We love having you here and cannot wait for you to discover all the treasures, or "grails", we have to offer. What follows are some ground rules all Grailed users must agree to:
- What is Grailed?
Intro. You are entering into these Terms of Service (the "Terms") with Grailed, Inc. with its principal office located at 131 Spring Street, Floor 6, New York, NY 10012 ("Grailed," "we", "us" or "our").
The Grailed services, including the website located at www.grailed.com and the Grailed mobile apps (collectively, the "Services") are a marketplace where users can offer, sell, buy, and discover products ("Products"). Users who purchase Products are called "Buyers", and users who sell Products are called "Sellers". When using the Services, Buyers and Sellers enter into a contract for the sale and purchase of Products directly between themselves, and Grailed is not a party to such sale or purchase.
- Accepting the Terms of Service
Agreement. These Terms are a legally binding contract between you and Grailed and apply to your use of all Services. By creating an account or by using our Services in any manner, you agree to these Terms and any other policies that we may publish from time to time, each is incorporated by reference, and each may be updated from time to time.Buying, selling, or just browsing is how you agree to be bound by these terms. You can only use Grailed if you agree to these terms. These terms protect Grailed from legal risk but also provide protection for you and set out ground rules that help Grailed stay a safe and friendly place.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
Arbitration Notice. PLEASE READ THE MANDATORY ARBITRATION PROVISION (TO THE EXTENT LEGALLY ALLOWED IN YOUR JURISDICTION) IN SECTION 20, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 20.This is a heads up that these Terms have a provision where you agree to resolve all disputes with Grailed through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. Section 20 explains how you can opt out from this.
- Who Can Use Grailed?
Minimum Age. You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a legal guardian who agrees to be bound by these Terms. If you are a legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.You cannot use Grailed if you're under 16 (or older in some countries). If you're under 18 — your parent is responsible for your actions on Grailed and is legally bound by these terms.
Use on Behalf of Another. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Users Outside of the U.S. If you are using the Services from a country embargoed by the U.S. or are on the U.S. Treasury Departmente's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions or conduct any commercial activities through the Services.You cannot use Grailed if you or your country are prohibited from doing business with the U.S.
- Accounts and Account Security
You may need to register for an account to access our Services. You must provide accurate account information and update your email address and physical address if it changes. You also must maintain the security of your account and notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims in those usernames.
You agree that your account is not transferable and that in the event of your death, incapacity, or unavailability, we may terminate any rights to your account or User Content (defined below).It is important that the information associated with your Grailed account is accurate. If you ever forget your password, are victim to cyber-attack, or have any other issues with your account — updated account information helps us recover accounts and contact you.We also ask you to help us fight bad actors by letting us know of suspicious activity
- Additional Terms and Modifications
We may change or update these Terms from time to time. We will notify you of material changes. We reserve the right to determine the form and means of providing notification to you and you agree to receive legal notices electronically. Changes will be effective upon the posting of the changes unless otherwise specified. Your use of the Services following the changes constitutes your acceptance of the updated Terms. If you do not agree to the amended Terms, you must stop using our Services.As Grailed grows and evolves, we might have to make changes to these Terms. When we make major changes, we will let you know. If you do not agree to the new Terms, please stop using Grailed.
- Services Generally
License to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your own personal use.
Inherent Risk. You assume certain risks in using a marketplace service such as Grailed. Grailed is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Products. You as a Buyer and/or Seller assume, agree, and understand you bear all of the risks in selling or purchasing Products on the Services.Unfortunately, we cannot control all user conduct on a marketplace like Grailed. We take all issues seriously, but you still might run into bad things before we have a chance to address them.
Off-Site Activity. For your safety, we discourage off-site transactions and the sharing of contact information, including email addresses and phone numbers, prior to completing a transaction through the Services. Initiating conversations regarding a Product purchase outside of the Services, completing purchases outside of the Services, and soliciting users to Grailed competitors or attempting to circumvent Grailed fees by completing transactions initiated on Grailed off-site, are considered off-site activities. If you choose to engage in off-site activities, Grailed makes no representations or warranties of any kind, express or implied, about the reliability, accuracy, suitability, safety, or authenticity of communications or transactions performed off-site or the individuals involved in such transactions. All off-site activity is strictly at your own risk. Moreover, transactions conducted outside of the Services are not eligible for any protection provided by Grailed or the Grailed Purchase Protection (defined below). Grailed reserves the right to suspend or terminate your access to the Services for any reason in accordance with these Terms, including in the event of unsafe off-site activity, as determined solely by Grailed.For more information about off-site activity go here.
- Seller Specific Terms
When you sell Products through the Services, you are considered a Seller and you agree to the terms in the following provisions.
Product Listings. To sell a Product through the Services, Sellers must publish pictures and information about the Products ("Product Listing"). To list a Product for sale on Grailed, Sellers must first connect a verified PayPal account to their Grailed account, unless otherwise permitted by Grailed. Thereafter, Grailed may offer Sellers the option to choose which third party payment processor (a "Payment Processor") to accept payments through. For more information on Payment Processors see Section 14.This section describes how to list a product on Grailed. You can find helpful tips on how to list a product here.
As a Seller, you agree that: (a) you are solely responsible for the accuracy and content of any Product Listing, including its lawfulness; (b) you agree that you have all rights necessary to sell your Products; (c) you will not list or sell any counterfeit Products; (d) we cannot guarantee exact Product Listing durations; (e) we may modify Product Listings at our sole discretion; (f) we reserve the right to delete any Product Listings for any reason upon notice to you; and (g) a Product Listing is not guaranteed to appear or not appear in any particular search and browse results.We ask sellers to be responsible for their items, follow the law, and not mislead buyers. Unfortunately, issues with listings come up, so we need to be able to remove problematic listings.We do our best to market items sold on Grailed and to ensure search results turn up what buyers want to see. But we cannot guarantee specific advertising or search result placement to our users.
The Services may include functionality for suggesting more effective selling, such as discounting Products and Product price suggestions, but Sellers have sole discretion to set prices.
Offer and Acceptance. Buyers can buy Products from you immediately at the listed price. You cannot accept further offers on Products sold through the "Purchase" option. Alternatively, Buyers can negotiate the price of a Product with you. We will notify you if a potential Buyer makes an offer on your Product Listings. If you receive an offer, you can accept, counter, or decline that offer. Non-binding offers are offers made through PayPal guest checkout, Stripe ("Grailed Payments"), or if both you and the Buyer are located in the E.U. or another jurisdiction that does not allow automatically binding transactions. Binding offers are all other offers. If you accept a binding offer, you enter into a legally binding contract with the applicable Buyer, pursuant to which the Buyer has to initiate funds transmission and you agree to ship the applicable Product (as it is described in the Product Listing) to such Buyer for the price that you accepted. If you accept a non-binding offer, the Buyer must initiate fund transmission to you. Once funds transmission is initiated, you enter into a legally binding contract with the applicable Buyer to ship the Product. If you counter or decline an offer, we will notify the Buyer.For a summary of the offer and purchase process, including details about what makes offers binding please visit the Selling and Buying sections in our Help Center.
Shipping. Eligible Sellers may use our "Grailed Labels" service to select a shipping rate, download a shipping label, and track their package; see here for more details and applicable terms. Grailed reserves the right to discontinue providing Grailed Labels to any or all users at any time and for any reason. All Sellers must ship Products within seven (7) calendar days after a binding offer for a Product is accepted or after fund transfer is initiated by the Buyer for non-binding offers. If Seller does not ship the Product within the provided timeline, the order will be automatically canceled, and the Buyer refunded. Seller is responsible for the contents of their parcels and must comply with all terms and conditions of the shipping carrier. Once Seller ships and attaches applicable tracking information to the Product Listing or when the Product is delivered (in Grailed's sole discretion), Seller's account will be credited with the amount equal to the purchase price, minus taxes, Grailed's commission, Grailed Labels costs, and any applicable fees. The remitted amount may be redeemed by Seller through Grailed's permitted third party Payment Processor. Notwithstanding, in the event Grailed determines that a shipment was not fulfilled (including if the tracking information provided appears to have been fraudulent), Seller is required to refund the applicable Buyer, regardless of Seller return policies. If Seller is unable to timely refund the Buyer, Grailed may refund the Buyer on the Seller's behalf in which event Sellers' accounts located in jurisdictions that allow automatic debits will be automatically debited by Grailed for the refund amount. Seller hereby agrees to such automatic debiting. If Seller is not eligible for automatic debits, Seller is required to promptly repay Grailed for this amount and a debt will be created for the amount that Seller owes us for the refund. Whilst the debt remains outstanding, Grailed may suspend or terminate your access to the Services in accordance with these Terms.If you sell through Grailed, you are responsible for shipping the products. Sellers must ship and provide tracking information within 7 days of when buyer submits payment, otherwise the order will be canceled, and buyer refunded. Once shipped or delivered (depending on the current Grailed shipping policy), we will release the payment to you minus taxes, commission, and any other fees.Details about when a buyer is obligated to transfer funds can be found in the Selling and Buying sections in our Help Center.More info on shipping timelines can be found here.
Seller Promotions and Seller Generated Offers. Grailed may grant certain Sellers the ability to choose to offer promotions specifically for their own shops and/or Product Listings through Seller-generated discounts on the listing price(s) by a percentage or an amount. Sellers may be able to discount a single Product Listing or multiple Product Listings at once. Discounted prices are public and will be displayed to all Buyers. Grailed may also grant certain Sellers the ability to offer a discounted price on Product Listings that is only sent to the users that have favorited a specific Product Listing. On occasion, Grailed may (in its sole discretion) aggregate Seller discounts and promote them through our websites, apps, and emails. When a Seller runs a promotion or discount, Seller is obliged to follow all laws (including consumer protection rules) that apply. Sales and coupons may not be used for fee avoidance.Sometimes sellers will be given the ability to offer discounts and promotions in their shops.
Seller Initiated Refunds. Sellers may choose to reimburse or refund a Buyer. If a Seller agrees to reimburse or refund payment to Buyer, Seller must do so through their PayPal account for transactions completed through PayPal. For payments completed through means other than a Seller PayPal account, Grailed will refund the Buyer and then the Seller must reimburse Grailed. Sellers' accounts located in jurisdictions that allow automatic debits, will be automatically debited by Grailed for the reimbursement amount. Seller hereby agrees to such automatic debiting. If Seller is not eligible for automatic debits, Seller is required to promptly repay Grailed for this amount and a debt will be created for the amount that Seller owes us for the refund. Whilst the debt remains outstanding, Grailed may suspend or terminate your access to the Services in accordance with these Terms.We want our sellers to build their own customer service experience, so we let you be the first point of contact with dissatisfied buyers and choose to issue refunds. If a seller does not have an eligible account connected to their Grailed shop, we will process a refund on the seller's behalf. If we can't automatically debit a seller for the refund we issued, the seller must pay us back.
Seller Protection. If a Buyer (1) falsely claims that they did not receive a Product Seller shipped or the Product they receive is not as described on the Services, and (2) the payment dispute claim they filed with the applicable Payment Processor is successful, Grailed may reimburse the Seller. Seller may report the issue through the Services or by emailing email@example.com within ninety (90) days from the day of purchase. The seller protection program is only applicable to transactions through the Services, through PayPal, or Grailed Payments. Grailed will determine in its sole discretion whether to issue Seller a credit after an investigation. If the Seller's claim is eligible, Grailed will reimburse the Seller the amount that the applicable Buyer was able to recover through the applicable Payment Processor.For more information on the Grailed Purchase Protection go here.
Buyer Data. You (as a Seller) and Grailed are independent controllers of Buyer data. To the fullest extent permitted by the laws of the E.U. and United Kingdom, we are considered separate and independent data controllers of the personal information of Buyers. As such, we each independently determine the purposes and means of processing Buyer data and therefore are not responsible for your use of Buyer data. You must comply with the applicable data protection laws with respect to your use of Buyer data. If we are found to jointly control such Buyer data and we are held responsible in any way for its use by you, you agree to indemnify us.
- Buyer Specific Terms
When you buy Products through the Services, you are considered a Buyer and you agree to the terms in the following provisions.
Buyer Responsibilities. Prior to purchasing products from a Seller, you are advised to independently verify the applicable information and read any applicable Seller's sales, legal and privacy policies. Although we may choose in our sole discretion to intervene or attempt to resolve a dispute between you and other Grailed users, you agree that we have no obligation to do so and that all transactions are ultimately solely between you and the applicable Grailed users. Any agreement for and/or purchase of a Product is made solely between Buyer and Seller. Complaints, questions, and claims related to a Product should be directed to the applicable Seller.
Purchase Conditions. You may submit an offer to buy Products included in a Product Listing through the Services. You hereby acknowledge and agree that: (a) you are solely responsible for reading the full Product Listing before offering a bid or commitment to buy; (b) when you use the Services to commit to pay a certain amount of money to an applicable Seller for a Product included in an applicable Product Listing and you are notified through the Services that such Seller accepts such offer, you agree to purchase such Product; and (c) we do not transfer legal ownership of Products from the Seller to the Buyer and have no responsibility or liability in connection therewith; and (d) we do not in any instances make any representations, warranties or guarantees as to whether an applicable Seller will choose to accept your offer, and we have no liability to you with respect to any such choice by Seller.Do not make offers or attempt to buy something if you do not intend to pay the agreed-upon price.
Binding Purchase. When a Seller accepts an offer for the purchase of a Product, the Buyer is obligated to pay for that Product. When you make an offer for a Product, YOU ARE COMMITTING TO PURCHASE THE PRODUCT, YOU ACKNOWLEDGE THAT PAYMENT FOR THE ACCEPTED OFFER PRICE BECOMES DUE AND PAYABLE AND WILL BE TAKEN FROM YOUR PAYMENT METHOD OR YOU WILL BE DIRECTED TO COMPLETE THE CHECKOUT PROCESS (AS APPLICABLE IN YOUR JURISDICTION). You hereby acknowledge and agree that the total charge for any purchase in the amount of an accepted offer or counteroffer in connection with an applicable Product Listing may include shipping fees and state and local sales tax, the amount of which varies (e.g., due to factors including the type of item purchased and the shipping destination).
Product Listing Disclaimers. Any prices of Products included in any Product Listing are set by the applicable Seller that provides the Product and are subject to change. The colors of Products included in Product Listings may depend on the settings of your monitor or screen, and therefore the color of Products on your display may differ from the Products that you receive. Although we try to display updated Product Listings on the Services, the availability of goods on the Services may change at any time, without notice.Sellers choose the price and description of their products. We do our best to encourage sellers to follow our listing guidelines, but not everyone follows them. Sometimes items get sold before that can be reflected on our platform.
Shipping. Buyers are responsible for any shipping costs incurred with respect to their purchased Products. Sellers will initiate shipment of the applicable Products to the address of the Buyer (or their indicated recipient) within seven (7) calendar days after Buyer initiates funds transfer for a winning offer. If a Seller does not initiate shipment within seven (7) calendar days, the transaction will be automatically canceled, and the Buyer will be refunded for the applicable Product.
Returns/ Grailed Purchase Protection. All purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where expressly allowed by Sellers, by us, or under applicable law. If the Product you receive is not as described on the Services, then you may request a return by first contacting the applicable Seller in accordance with their return policy. If the Seller is unwilling to return/ issue a refund for the Product, if you purchased through PayPal you may then contact PayPal to dispute a charge. Thereafter, if a Buyer is unable to get resolution from the applicable Seller and PayPal (if applicable), Grailed may offer a buyer protection program for eligible purchases, to ensure that Buyers get their money back ("Purchase Protection"). For clarity, for purchases not made through PayPal, you may try to invoke Purchase Protection directly after failing to get resolution from the applicable Seller. You may report the issue through the Services or by emailing firstname.lastname@example.org within ninety (90) days from the day of purchase. The Purchase Protection is only applicable to Buyer transactions through the Services, through a Buyer PayPal account (PayPal guest checkout is not eligible for the Purchase Protection), or Grailed Payments. Grailed will determine in its sole discretion whether to refund a purchase under the Purchase Protection after an investigation. If the Buyer claim is eligible under the Purchase Protection, Grailed will reimburse the Buyer the amount owed on the Seller's behalf.For more information on the Grailed Purchase Protection go here.
Promotions. Grailed may sometimes furnish an alphanumeric code that can be used for promotions or discounts for purchases through the Services. These promotional or discount codes may be sent via email to our registered users, presented through our Services or circulated at events and through other means and are subject to applicable promotional or discount terms.
- User Content
User Content. Our Services may allow you and other users to create, post, store and share content, including Product Listings, photos, comments, links, and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Grailed, you retain all rights in and to your User Content.If you post any content on Grailed, it still belongs to you.
License to User Content. You grant Grailed a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username or likeness provided with your User Content in all media formats and channels without compensation to you and to perform automated scanning of the User Content to improve targeted searching and advertising. You understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.If you post content on Grailed, we can show it to other people (including through advertising), make it shareable, and use it in other ways to grow the business.
Right to Share Other's User Content. Occasionally, the Services will expressly allow you to “share,” your User Content and User Content of other users, for personal, non-commercial use, such as through your social network account, blog, or email. When User Content is authorized for sharing, we will clearly identify the User Content that you are authorized to share and the ways you may do so, usually by providing a "share" button. We may revoke this authorization at any time. Additionally, if you share User Content, you must be able to edit or delete it, and you must edit or delete it promptly upon our request.
You understand that we may use everything you post, submit, or otherwise communicate to us about Grailed or our Services (collectively, "Feedback") for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You understand that Grailed may treat Feedback as non-confidential.We can use your suggestions to improve and change our services.
The Grailed name (in still and animated version), the Grailed "G", and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Grailed and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.Please respect our trademarks and brands.
- Prohibited Conduct
Conduct Prohibitions. You will not (and will not permit any third party to) violate any applicable law, contract, intellectual property right or other third-party right or commit a tort. You will not (and will not permit any third party to):
Be nice, be respectful to others and Grailed, and be lawful as you use Grailed. Do not do anything you would not want someone to do to you or to your business. For our Code of Conduct go here.
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user's account without authorization from that user and Grailed;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use our Services, except as expressly permitted by us under these Terms;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
User Content Prohibitions. You may also post or otherwise share only User Content that is non-confidential and that you have all necessary rights to disclose. You may not (and shall not permit any third party to) create, post, store or share any User Content that:
Don't post porn, spam, offensive stuff, or unlawful stuff.
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party's consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Grailed or others to any harm or liability of any type.
Enforcement. Enforcement of this Section is solely at Grailed's discretion. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.Grailed will choose when to act based on the above rules. Enforcement can come in many forms such as a warning, taking down content, suspension of an account, or cancellation of an account.
Parental Controls. Please note that parental control protections (such as computer hardware, software, or filtering services) may be commercially available to assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections should be available here (last checked on August 16, 2022).
- Third-Party Content
We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Grailed does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
- Payments and Billing
Payment Processors. Payments for transactions will be processed by a third-party Payment Processor we have engaged for the Services, in accordance with their terms of service, and not by us. You hereby explicitly consent to our use of such third-party Payment Processors, the outsourcing of services to them, and the related transfer and processing of data. We reserve the right to add or change available Payment Processors from time to time. We will notify you of any new Payment Processors, and your continued use of any payment features upon receipt of such notice constitutes acceptance of such addition or change as well as your acceptance of the Payment Processors' terms of service. We are not responsible for errors made by the Payment Processors.Grailed does not process your payment transactions. We hire reputable third parties to process payments for transactions done through Grailed. Please read the terms of service of the payment processor and comply with them.
Taxes. As a Seller you are responsible and agree to collect, pay, report, and remit any and all local, state, provincial, federal, or international taxes (including VAT and sales tax) that may be due by you, and as a Buyer you agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due by you. You agree that Grailed is not responsible for reporting, collection, or payment of any taxes on your behalf except for jurisdictions where Grailed is required to as a marketplace facilitator. You agree to provide Grailed with all relevant tax information which Grailed may provide to any tax authority in connection with Grailed's tax liability and where applicable further authorize Grailed to release that information to such tax authority or other competent governmental body. Your account may be suspended for failure to provide Grailed with all relevant tax information.You are responsible for paying your own taxes. We do however collect taxes that we are required by law to collect. If we need any information from you to file our taxes, you agree to give it to us.
International Buying and Selling. The Services are accessible to certain international Sellers and Buyers. Grailed may (but is not obligated to) provide access to certain features and tools to international Sellers and Buyers, such as estimated local currency conversion and integrated international shipping, customs, and tax tools. Sellers and Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of Products.
Modifications; Holds; and Maintenance. To the extent permitted by applicable law, Grailed may (a) modify, update, suspend, or discontinue any aspect of a payment feature; (b) impose limits on certain features and services; or (c) restrict your access to or use of parts or all of the payment features, in each case at any time and without liability or other obligation to you. Further, to protect ourselves from risk of liability for your actions as a Seller, we may at times recommend that an applicable Payment Processor restrict a Seller's use of that Payment Processor's services based on certain factors, which may result in such Payment Processor imposing such restrictions. Grailed will use reasonable commercial efforts to ensure that the payment features are available and functional. However, Grailed is not obligated to provide any maintenance, technical support, or other support for the payment features. Grailed makes no guarantees to you in relation to the availability or uptime of the payment features.As Grailed grows and evolves, our offering and features on the website may change too (including payment features), so we may get rid of some features or add new ones and make them available to a small population of users for testing. If we suspect you are doing bad things, we can report you to the payment processors.Since we are not the payment processors, we cannot provide payment support to you or guarantee payment features. Please reach out to the applicable payment processor with questions, concerns, or support issues.
Payment Disclaimers. In addition to the disclaimers listed in Section 15 below, you agree and acknowledge that with respect to any purchases of Products (a) the sale is solely between Buyer and Seller and Grailed is not a party, unless Grailed directly lists a Product Listing; (b) Buyers and Sellers are responsible for investigating and resolving disputes (including returns and refunds of any Products purchased); (c) Grailed is not and will not be responsible for the acts or omissions of any Payment Processors, including any failure or refusal by them to process a transaction; and (d) Grailed will not be liable for any unauthorized or failed transactions (Grailed's enablement of a transaction does not mean that a Buyer has sufficient funds, or that the transaction will be authorized or processed).
- Warranty; Disclaimers; Release
Grailed Authentication. Our digital Product authentication process, where applicable, is independently conducted by the Grailed moderators. Brands identified on or through the Service: (a) are not involved in the authentication of the products being sold through the Services, and (b) do not assume responsibility for any products purchased from or through the Services. Brands sold on or through the Services are not partners or affiliates of Grailed in any manner. However, we fully cooperate with brands seeking to track down the source of counterfeit items, which may include, when required by court order or directive of law enforcement, revealing the contact information of consignors submitting counterfeit goods. More information on our processes is available here.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, GRAILED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, GRAILED MAKES NO WARRANTY THAT (A) YOU WILL BE ABLE TO SELL OR PURCHASE ANY PRODUCTS THROUGH THE SERVICES OR THAT THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Release. To the fullest extent permitted by applicable law, you release Grailed from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users (including Buyers and Sellers) and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. If we discontinue providing all or portions of the Services, we will, where reasonably possible, give you advance notice and a chance to access and move your content and data. You also have the right to stop using our Services at any time and may cancel your account by sending a request through our Contact Form. We are not responsible for any loss or harm related to your inability to access or use our Services. On termination of these Terms, all related rights and obligations under these Terms immediately terminate, except that you will remain responsible for performing your obligations in connection with transactions entered into before termination (including payment for accepted offers on Products and shipment of Products to Buyers that have initiated funds transfers for them) and for any liabilities that accrued before or as a result of termination.As Grailed grows and evolves, we might have to make changes to the features we offer. When we make major changes, we will let you know in advance.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Indemnification This describes who is responsible if Grailed gets sued by a third party for something that you did or you control. We ask businesses using Grailed to take on the responsibility for all claims that result from their action or inaction, products, or anything else provided by them. For individual users, we ask that you take on the risk for violation of others' rights by your products or content.Business User Indemnity. If you are entering into these Terms on behalf of an entity, to the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Grailed and our officers, directors, agents, partners and employees (individually and collectively, the "Grailed Parties") from and against any third-party losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); (e) sale of Products and the Products you sell; or (f) your conduct in connection with the Services.
Individual User Indemnity. If you are entering into these Terms as an individual (non-business) user, to the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Grailed Parties from and against any Claims arising out of your violation, misappropriation, or infringement of any intellectual property or privacy rights of another.
Process. You agree to pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Grailed Parties will have control of the defense or settlement, at Grailed's sole option, of any Claims.
- Liability Limitation
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GRAILED AND THE GRAILED PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF GRAILED OR THE OTHER GRAILED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF GRAILED AND THE OTHER GRAILED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (I) $2000.00 OR THE AMOUNT WE HAVE ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PRODUCTS THROUGH THE SERVICES IN THE TWELVE MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY THE SERVICES, OR FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OF GRAILED OR THE OTHER GRAILED PARTIES. We do not however exclude or limit our liability to you to the extent it is unlawful to do so under the laws applicable to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
- Governing Law
The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the U.S. of America. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to these Terms or the Services. For consumers based outside of the U.S. (including E.U. based consumers) whose mandatory consumer protection rules provide that the laws of the country of your residence apply, such other laws will apply.You have to sue us in NYC. If you are in any country other than the U.S., this applies if you are a business. If you are an individual not using Grailed for a business outside the U.S., and your country requires it, then you can sue us in your home courts.
- Arbitration and Class Action Waiver
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GRAILED AND LIMITS THE WAY YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.If things go really wrong, this is the process we will use to litigate the issue instead of going to court. You have to agree to this process to use Grailed, or you must opt out using the procedure in this section.You agree to first contact us and try to resolve the dispute with us informally. After that, arbitration is a more informal way to resolve our disagreements than a lawsuit in court.Although the process is more informal, arbitrators can award the same damages and relief that a court can award. We ask that you read these sections especially carefully to understand what rights you are giving up and what to do if this does not apply to you (hi E.U. users). If you have any questions, please contact email@example.com.
No Representative Actions. YOU AND GRAILED AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND GRAILED AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
Arbitration of Disputes. Except for small claims disputes in which you or Grailed seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Grailed seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, YOU AND GRAILED WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY OTHER DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, INCLUDING CLAIMS RELATED TO PRIVACY AND DATA SECURITY, (COLLECTIVELY, "DISPUTES") RESOLVED IN COURT. Instead, for any Dispute that you have against the Company you agree to first contact Grailed and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Grailed by email at firstname.lastname@example.org. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Grailed cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 20, a "consumer" means a person using the Services for personal, family or household purposes. You and Grailed agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
Process and Remedy. You and Grailed agree that these Terms affect interstate commerce, and that the enforceability of this Section 20 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
Costs of Arbitration. You and Grailed agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Grailed will pay the remaining JAMS fees and costs. For any arbitration initiated by Grailed, Grailed will pay all JAMS fees and costs. You and Grailed agree that the state or federal courts of the State of New York and the U.S. sitting in New York, New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Time Limit on Dispute Filing. ANY DISPUTE MUST BE FILED WITHIN ONE YEAR AFTER THE RELEVANT CLAIM AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND GRAILED WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
E.U. Users. For E.U. users only, if a Dispute is unable to be resolved through the Notice process set out above, instead of arbitration the Dispute may be referred by either party to the Centre for Effective Dispute Resolution ("CEDR") for mediation. The parties agree to enter into mediation to settle a good faith Dispute and will do so in accordance with the CEDR's mediation procedures. Unless otherwise agreed between the parties within fourteen (14) days of Notice of the Dispute, the mediator will be nominated by CEDR. Payment for any and all reasonable CEDR filing, administrative, and arbitrator fees will be in accordance with the CEDR rules. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
Opt-Out Right. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION 20 BY EMAILING email@example.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
Severability of Arbitration Provisions. If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 20 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 20 will be enforceable.
Modifications to Arbitration and Class Action Waiver. If we make any changes to this Section 20 after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Grailed prior to the date the changes became effective. Grailed will notify you of substantive changes to Section 20 at least thirty (30) days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Grailed a written notification (including email) or cancel your account within those thirty (30) days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Grailed in accordance with the provisions of this Section 20 as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your canceled account or create a new account, you agree to be bound by the current version of the Terms.
- Copyright Complaint Policy (Copyright Infringement Policy)
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of taking down Product Listings and User Content of users who infringe the intellectual property rights of others and of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Grailed's designated agent as follows:Designated Agent:Grailed Designated
DMCA AgentAddress:131 Spring Street, Flr. 6
New York, NY 10012E-Mail Address:
Please see 17 U.S.C. § 512(c)(3) as well as the Grailed DMCA Copyright Policy for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Grailed for certain costs and damages.We respect copyright. If anything is wrong, please send an email with all the details to firstname.lastname@example.org.
- Transfer and Processing of Data
For us to provide our Services, you agree that we may process, transfer and store information about you in the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
Severability. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Misc. The failure of Grailed to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word "including" will be interpreted to mean "including without limitation." Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Apple Device and Application Terms. In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "Application"), the following shall apply: (a) you acknowledge that these Terms are between you and Grailed only, and not with Apple, and that Apple is not responsible for the Application or its content; (b) you will only use the Application in connection with an Apple device that you own or control; (c) you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (d) in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; (e) upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; and (f) you agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these terms, Apple will have the right to enforce these Terms against you as the third party beneficiary hereof.When you use the Grailed iOS app, Apple asks us to let you know that it is not responsible for our app or what goes on with it.
- Geographic Specific Provisions
The Geographic-Specific Provisions apply to certain jurisdictions. Please review the link if you are in California or not located in the U.S. The Geographic-Specific Provisions will override the main Terms in the event of any inconsistency between the two.If you live in California or countries outside of the U.S., different terms may apply to you.
Effective Date of Terms of Service: August 23, 2022