Terms of Service
Date of last revision: 17th of May, 2018
THESE TERMS CONTAIN THE EXCLUSIVE TERMS AND CONDITIONS BETWEEN DIGITAL FABRIC OY (“ZADAA”) AND YOU (“USER”).
IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MUST STOP USING THE SERVICE IMMEDIATELY.
Acceptance of terms
By using or registering to the Zadaa service, including the Zadaa Application (“Application”) and the website www.zadaa.co (collectively the “Service”), you are bound to these Terms of Service. Please read the following Terms of Service carefully before using the Service
The Service is made available to its Users (“Users” or “you”) by Digital Fabric Oy (“Zadaa” or “we”), a company registered in Finland (business ID 2688054-4) with post address at Bulevardi 14 A 5th floor, 00120 Helsinki, Finland.
Description of the service
Zadaa is a platform that allows Users to sell, purchase and exchange clothes, accessories, cosmetics and other products (“Items”). These actions are hereinafter collectively referred to as “Transactions”.
Zadaa acts as an intermediary between the seller (“Seller”) and the purchaser (“Purchaser”) by providing a platform whereof the Seller and the Purchaser may independently carry out certain activities as further defined in these Terms of Service. The pickup of the Items is handled independently between the Seller and the Purchaser. Zadaa provides only the platform with certain functionalities, including the possibility to sell, offer and exchange Items to/with other Users of the Service.
Please note that Zadaa has no control over the quality, legality, morality, authenticity or safety of the items or content listed or the accuracy or authenticity of listings. Zadaa also cannot guarantee the ability of the sellers to sell items or complete a transaction or the ability of a buyer to pay for them.
By using the Service, you understand and accept that Zadaa does not actively verify the material submitted to the Service by the Users and Zadaa’s responsibility for such material is therefore limited to the fullest extent possible by applicable law.
Zadaa encourages you to communicate directly with potential Transaction partners through the tools available in the Application.
Who can use the service?
Only persons 16 years or older are permitted to use the Zadaa Service.
The Service is meant for private persons and therefore it is not allowed to use the Service for or in connection with any business activity. The Service may be offered for certain selling activities for companies. Such activities shall be agreed on separately with Zadaa.
Registration & User account
When registering to the Service, you must provide true and accurate information about yourself. You should keep the information submitted to Zadaa up to date. You are responsible for maintaining the confidentiality of your password and account. If you suspect someone has access to your account, contact Zadaa customer service immediately.
Responsibilities of the User
You are responsible for using the Service responsibly and in good faith.
The following rules and restrictions shall apply to all use of the service:
- You shall be responsible for the provision of accurate, authentic and valid information and data and for keeping your information up-to-date.
- You are not allowed to bypass or to attempt to bypass the Zadaa payment system integrated in the Service, or to bypass or circumvent Zadaa’s payment process or the service fee Zadaa is entitled to receive from the Transactions carried out in the Service.
- You are not allowed to use the Service in violation of applicable laws or third party intellectual property rights, business secrets, or privacy rights.
- You are not allowed to send messages within the Service that are of an advertising character, contain private contact details, contain viruses or swarms, are considered insulting, sexist or racist. Sending mass messages is also prohibited.
- You shall not to offer the Items you have listed for sale in the Service by the Seller in other channels during the time the Item is listed for sale in the Service.
- It is strictly prohibited to sell fraudulent products or items that are illegal, broken, counterfeit, unsafe or stolen.
Responsibilities of Zadaa
- Zadaa aims to protect the Users from frauds, identity thefts, bad transactions and other offenses and therefore may use the full range of lawful measures, at its sole discretion, to investigate any breach of these Terms of Service.
Using the service
When you decide to sell an Item, you must upload an accurate description and photo(s) of the Item. You are only allowed to list a single Item once, using only photos of the Item you have taken yourself or you are otherwise entitled to use for the said purpose. The Seller may withdraw or retract an offer to sell an Item through the Service at any time prior to its acceptance by a Purchaser.
Users of the Service are entitled to write comments about other Users with whom they have completed Transactions. You may only post feedback that is justified, honest and respectful. Submitting lies, insults and false information as feedback is strictly prohibited. Zadaa reserves the right to modify or delete any feedback posted through or within the Service.
Zadaa reserves the right to delete any Item from the Service in case the Seller has violated these Terms of Service or if the listing of the Item or the uploaded photos thereof are otherwise unclear, of bad quality or otherwise inaccurate.
Payment and service fee
Zadaa is entitled to receive remuneration for the Services according to the prices indicated in the pricelist, available at https://zadaa.co/app/pricelist (as updated from time to time). Purchasers of the Items are responsible for paying all shipping costs and all relevant sales, import, export, VAT and other taxes or duties whenever applicable. Zadaa’s service fee is deducted automatically from the purchase price.
Sellers are responsible for all income taxes associated with the purchase and sale of any items through the Service and making all necessary tax statements and notifications to relevant authorities. Please note that in most cases Transactions are carried out between private individuals and therefore no VAT is payable. However in certain cases the nature of the Transactions may be regarded commercial in the sense that VAT is applicable.
You may also use the Zadaa Package shipping option in which case Zadaa will deduct the shipping costs set out in the price list from the purchase price automatically.
Sellers can choose an option where a charity chosen by Zadaa will receive the payment instead of the Seller. The Seller may choose that a certain amount (the options are shown in the Service) of the purchase price or the whole purchase price is donated to charity. The Seller’s choice to donate the whole purchase price or a part thereof will be shown in the Item listing in the Service. In case the Seller has chosen that the whole purchase price or a part thereof is donated to charity, Zadaa shall direct the purchase price paid by the Purchaser or a part thereof to the charity organization chosen by Zadaa. If the Seller has chosen to donate part of the purchase price to charity, Zadaa shall deduct such part of the purchase price before making the payment to the Seller.
Transactions and shipping
Following the confirmation of a Transaction through the Service and payment of the required amount by Purchaser, Zadaa will notify the Seller, after which the Seller must ship the purchased Item within five days after confirmation of the Transaction. Purchaser must pick up the delivered Item within five days after the Item has arrived to be picked up. Upon receiving the confirmation of the delivery of the Item and after the Purchaser has reviewed the Seller, Zadaa will credit the Seller’s account in an amount equal to the purchase price received from the Purchaser, minus Zadaa’s service fee set out in the price list and possible donations to the charity. Zadaa shall credit the Seller’s account within 7 banking days from the time the Purchaser has reviewed the Seller. If Purchaser does not respond/submit a complaint within three days after the pick-up of the Item, the purchased Item will be deemed accepted. Any funds credited to Seller’s account may be redeemed by Seller through a permitted third party payment provider.
In case the Seller and the Purchaser opt for the Zadaa Package option for the delivery of the Item, the Seller packs the Item carefully after the payment has been made by the Purchaser. The Seller will thereafter receive a code / identification through the Service and take the packed Item with the code / identification to any drop point visible in the map included in the Service. The Seller is responsible of taking care that the packed Item is duly protected for the shipment and delivery, received and handed over to the right advocate (cashier) working for the logistics companies that Zadaa is co-operating with and that the packed Item has been noted and accepted as received by the logistics company following the instructions given in the Service. Zadaa will track the delivery and notify both the Seller and the Purchaser when the Item is ready to be collected from the service point chosen by the Purchaser. After the Item has been collected by the Purchaser, Zadaa will transfer the payment to the Seller.
The Purchaser hereby acknowledges that the provision of the delivery service offered by Zadaa in connection with the Zadaa package option will commence before 14 days has passed from the Purchaser’s request to provide the delivery service and therefore the Purchaser shall not have the right to cancel the order regarding the delivery service.
The Seller hereby acknowledges that the provision of the delivery service offered by Zadaa in connection with the Zadaa package option will commence before 14 days has passed from the Purchaser’s request to provide the delivery service and therefore the Purchaser shall not have the right to cancel the order regarding the delivery service.
The time during which the Purchaser has to pick up the package shall be defined in the notification the Purchaser receives from the logistics company. Please note that Zadaa does not provide any separate notification/reminder regarding the pick-up of the Item. In case the Purchaser fails to pick-up the Item during the time stated in the notification from the logistics company, the package shall be returned to the Seller. The Purchaser shall not be entitled to a refund of the purchase price or any other compensation in case the Purchaser fails to pick-up the package.
Although Zadaa is not a party to the Transactions, we aim to facilitate a unique and friendly experience for all Users. If the Item the Purchaser receives is wrong, faulty, fake or significantly differs from the description provided by the Seller, i.e. the Seller has breached its obligations set out in these Terms of Service, the Purchaser should notify our Community Support team using our contact form within three days (72 hours) after the Purchaser has confirmed the Item as received or in all cases within seven (7) days after the delivery of the Item. When such notification has been received, we will hold payments if they have been made via our Payment Services, while we encourage the Seller and the Purchaser to find an amicable solution. If such a solution cannot be found and the Seller requests the Item to be returned, the Seller must pay for all the fees accrued from the return process. The Purchaser must return the Item when requested by the Seller, or the refund is automatically dismissed.
If the Purchaser chooses to take an action to review the Seller after receiving the Item and before the time period set out above has ended, the Purchaser herby acknowledges that the sale shall be deemed accepted and closed and the Purchaser is not entitled to any refund of the purchase price or any other compensation by contacting Community Support or otherwise.
Zadaa Protection only applies when the Item is non-conforming compared to the description provided in the Service.
Zadaa Protection only applies for the delivery process if “Zadaa Package” or pick-up was used as the method of delivery. In all other cases if the Item is lost or destroyed or otherwise adversely affected during the shipping process, Zadaa Protection does not apply. Zadaa retains the right to decide, at its sole discretion, whether the payment is returned to the Purchaser or if the Transaction is to be considered final and the payment is forwarded to the Seller.
Third party services
You may register for the Service via third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your Zadaa experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties. Zadaa enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Personal data and privacy
As part of provding the Service, Zadaa processes personal data of Users.
Zadaa takes the protection of your personal data seriously. We are dedicated to complying with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR).
The Users are able to acquire Zadaa credits by e.g. inviting new Users to sign up to the Service to use their personal code to gain Zadaa credits. Zadaa has the unilateral right to determine the conditions applicable to granting credits and the validity thereof. Each User may use the sign-up bonus credits only once. Zadaa credits can be used as a payment method in the Service, but they cannot be exchanged to cash. Should Zadaa detect abuse of credits or that credits have been granted on incorrect grounds due to a technical defect in the Service, the credits shall be nullified and the payment made by using such credit shall be invoiced from the User.
Zadaa Users may buy certain Items with Zadaa credits or promo codes. In this case, the list price of the Item has to be 10 euros or higher (excluding shipping costs), i.e. shipping costs cannot be part of the total price when buying with Zadaa credits or promo code. Registered Zadaa Users can also use promo code or Zadaa credits for a maximum of 50% of the price of the Item at once (excuding shipping costs).
Zadaa Users are allowed to buy Zadaa credits to themselves or to other Zadaa Users as a gift. Additional requirements for using such credits may apply and these requirements shall be communicated to the User before purchasing credits or gifts.
Intellectual property rights
All intellectual property rights to the Service, including but not limited to software, technology, text, trademarks, logos and graphics and any modifications, derivations or adaptations thereof (collectively “Material”), shall be vested in and remain as the sole property of Zadaa or its licensors or partners with all rights reserved.
No license or other rights, including intellectual property rights or distribution rights to the software, technology, trademarks, data, graphics, or other rights (collectively “Material”), regarding the Services are transferred to the User.
Subject to Users compliance with these Terms of Service, Users are granted a personal, limited, non-exclusive, non-transferable and revocable right to use the Services.
All unauthorized use of the Material is prohibited. You must retain all copyright and other proprietary notices, as the case may be, contained in the original Material on any copy you make of the Material.
You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
You are not allowed to copy, modify, distribute, rent, sublicense, lease or otherwise make the Service available to third parties without prior written consent of Zadaa. You are not allowed to circumvent or try to circumvent, probe, scan, test the vulnerability, reverse engineer or decompile or access the source code of any functionalities of the Service except as permitted by law.
Users shall not upload, post or otherwise make available (or submit to Zadaa for uploading, posting or to be made available) on the Service any material protected by copyright, trademark or other proprietary right if such action constitutes an infringement of said proprietary right. Users shall be solely liable for any damage resulting from any infringement of intellectual property rights or any other harm resulting from such a submission.
By submitting any content to the Service, you hereby grant Zadaa a royalty-free, worldwide, perpetual, non-exclusive and transferable right and license to use, reproduce, modify, publicly display (in whole or in part) such content within the Service and for Zadaa’s marketing actions and other commercial purposes without your prior approval or the payment of any compensation. Users take full and sole responsibility for all content that they post on the Service and the consequences of posting such content. Users are responsible for obtaining all necessary rights to upload, post and distribute all content.
You acknowledge and agree that when you create a listing for an Item on Zadaa, you automatically grant Zadaa and its Users the right to display, edit, modify and otherwise use and reuse the photos you submitted with the listing (or any portions thereof) in any manner, in any medium now known or hereinafter created, for the purpose of relisting and reselling the same item on Zadaa.
Limitation of liability
You expressly agree that the use of the Service is at your sole risk. Neither Zadaa, its affiliates nor any of their respective employees, contractors, agents, third party content providers or licensors warrant that use of the Service will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Service, or (ii) the accuracy, reliability or content of any information, service or product (including products) provided through the Service.
The Service is made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
This section does not limit our statutory liability for defects in the Service in relation to our consumer customers or any liability that, by law, cannot be limited or restricted, or your statutory remedies for defects or delays under any applicable mandatory consumer protection laws.
Deleting an account
In case the User wishes to delete the account, User has to send Zadaa’s Community Support a message through the Application Contact Support from by clearly stating, “I would like to delete my account from Zadaa”. In case there is a Transaction process ongoing or the User has open payments and/or orders, the account is deleted after such Transaction process is closed in entirety.
Notwithstanding anything to the contrary herein, Zadaa shall have the right, exercisable at its absolute and sole discretion, immediately to terminate this Agreement and your Zadaa account and block your access to the Service at any time and for any reason. You may immediately terminate this Agreement at any time by discontinuing the use of the Service and terminating your Zadaa account, where applicable.
Governing law and dispute resolution
These Terms of Service will be governed by the laws of Finland, excluding its conflicts-of-law provisions.
Any disputes arising out of this Agreement will be referred to Helsinki District Court as the court of first instance. Consumers are entitled to bring action in the court of first instance of their domicile. In case of disputes, consumers may also resort to the Consumer Complaints Board (kuluttajariita.fi) or the Online Dispute Resolution service provided by the European Service fee (ec.europa.eu/odr).