runway2street.com (the "Site") is owned and operated by FlavorCloud LLC, Inc. ("We" or "Our"). By visiting the Site, you are accepting and consenting to the practices described in these Terms and Conditions as may be amended from time to time in accordance with the below (the “Terms”)t. Access to and use of the Site and all of the Site’s content, services, functionality, databases, and systems are subject to and governed by these Terms and all applicable laws and regulations (including but not limited to any applicable export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, We may without advance notice; (a) supplement or make changes to these Terms and other rules or procedures, documentation, or security procedures for the Site and services offered thereunder; (b) change the Site’s system, information, or functionality; or (c) modify or withdraw any particular service or products referred to in or available through the Site or any of the Site’s databases, materials, services and/or systems. Any updates or revisions to these Terms shall be posted on the Site. You acknowledge your responsibility to review these Terms prior to accessing the Site on each occasion and to be aware of and abide by any such changes. We reserve the right to terminate or withdraw your access to the Site or take other actions that We reasonably believe necessary to comply with the law, enforce the Terms, or to protect Our rights or those of Our customers. Any access or attempt to access or use the Site or the services available thereunder for any unauthorized or illegal purpose is strictly prohibited.
The Site is a platform that permits Our users to display, offer, buy and sell products in accordance with the Terms. The Site is merely a facilitator between a prospective buyer and seller of permitted goods offered for sale through the Site (“Item(s)”) in accordance with the Terms and in accordance with any policies that We establish for the marketplace services offered through the Site from time to time. We do not own or otherwise have possession or control of the Items offered for sale and consequently, We do not transfer legal ownership of Items or possession from a seller to a buyer.
The users of the Site are not known to Us other than the information provided by a user upon registering with us and thus we do not know, and cannot guarantee, the true identity or accuracy of any purported identity of any of our users. You acknowledge and agree that We offer a platform and related services as described herein only and as such We are not responsible or liable for any content posted by users of the Website, including, you, nor are we responsible for any of the Items purchased or sold through the Site. Your access and use of the Site and your participation in any transaction to buy or sell Items through the Site is at your risk.
To use some of the services or features made available to you on the Site, you will need to register. The Site’s services are intended for, and may only be used by, people who are at least 18 years or older. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please modify the same online under your account preferences or call customer support.
To sell Items through the Site, you must provide and maintain valid payment information such as valid PayPal account. We reserve the right, in our sole discretion, to suspend or to cancel unconfirmed or inactive accounts and to refuse service to anyone, for any reason, at any time, in our sole unfettered and arbitrary discretion. We may further, change registration and/or account eligibility requirements at any time without notice.
The account password you provide should be unique and kept secure, and you must notify Us immediately of any breach of security or unauthorized use of your account. Although We will not be liable for your losses or damages caused by any unauthorized use of your account, you may be liable for Our losses or damages, or that of others, due to such unauthorized use.
The purchase of merchandise through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the local and national laws applicable to you.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the information provided.
The Site is available only to individuals and others who meet Our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Us, and who have authorized Us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. We reserve the right to restrict multiple quantities of Items being shipped to any one customer or postal address in our sole, unfettered and arbitrary discretion.
By making an offer to purchase an Item, you expressly authorized us to perform credit checks and, where We feel necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that We have received it. Unless you cancel your order, acceptance of your order will be perfected upon completion of shipping by the seller. Completion of the contract between you and Us will be perfected when you will receive a second email containing your tracking number, and confirming that your order has been dispatched by the seller.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or that you do not meet the eligibility criteria set-out within the runway2street. Additionally, you acknowledge that Items described on the Site may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, must be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries
For advance payment orders or pre-orders, please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems with sellers. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card or Paypal account within thirty days of being advised that merchandise has become unavailable.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Delivery dates cannot be guaranteed for pre-ordered Items due to unforeseen delays by the designer/manufacturers. Pre-order Items are sold on a first-come first-served basis and may at times have limited quantities. We will charge your card for the full amount when the order is placed including related shipping fees if applicable.
We will accept cancellations on preorder items, but for online credits only which can be used on future purchases. No refunds will be made on such cancellations. If for some reason We cannot fill your order we will issue a full refund to your credit/debit card or Paypal account. If a pre-order Item is returned, an online credit will be issued within 5 business days of receipt of returned items, a customer will be issued an online credit. Online credits are valid for one year from the date issued. Online credits can be used at checkout.
Prices are shown in USD for US/CA, GBP for UK, EUR for Europe and INR for India.
These prices are subject to change if the applicable currency exchange rate changes before your order is accepted. The final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction and depending on the credit/debit card currency denomination.
We shall act as a facilitator for the payment of any transaction. Accordingly, buyers shall make all payments to Us (including, without limitation, the Item sale price, shipping and applicable local, provincial/state and/or federal taxes), including international duties and value-added taxes directly to Us. runway2street will use reasonable efforts to calculate and collect Taxes due from each sale and makes it inclusive of product pricing.
We will provide sellers with notice upon our receipt of payment in full from a buyer, and seller shall thereafter promptly ship the Item. On or about the first and fifteenth day of each month, We shall provide sellers with a sales report of all amounts collected by Us from the sale of seller Items less the amounts owed to Us on account of Fees, which each seller hereby authorizes Us to deduct from each sale prior to remitting any payment to seller. Seller is responsible for paying applicable taxes in accordance with local, state and federal law.
A Seller shall maintain all contacts, and conduct all transaction for the sale of its Items with the buyers using the features available on and through the Site. A seller shall not at any time contact users of the Site using any means other than the methods provided and authorized by the Site.
Each seller acknowledges and agrees that We only provides the seller with the marketplace services in accordance with the Terms, and only and facilitate the sale with a buyer.
The Seller represents and warrants that its contract with the buyer for the sale of any Items shall be strictly compliant with all applicable law and legislation including without limitation, all legislation relating to consumer protection, data protection, intellectual property, and e-commerce and distance selling.
Each seller represents and warrants that all activities in respect of advertising and/or making the Items available on the Site for sale to buyers, including without limitation, the publishing of the content, Item descriptions, and listing on the Site:
Each seller acknowledges that We are not obliged to vet, review or verify any material that you upload to the Site nor are we obliged to determine whether any such material may result in any liability to any third party. Each seller acknowledges that We are not obliged to vet, review or verify any aspect of the manufacture or quality of any Items that you list for sale nor are we obliged to determine whether any such Items may result in any liability to any third party.
Each Seller further acknowledges that We shall not be liable in any way and for any reason for the behavior of any buyer or any comments made by the buyer in respect of the seller and/or the Items.
Payment can be made by Visa, MasterCard, American Express, Paypal and any other methods which may be clearly offered on the site from time to time. Payment will be debited and cleared from your account upon completion of your order by Us. You confirm that the credit/debit/Paypal card account that is being used is yours. All credit/debit card/Paypal account holders are subject to validation checks and authorization by the card or account issuer.
If the issuer of your credit/debit card, or Paypal, refuses to authorize payment to Us, we will not be liable for any delay or non-delivery. Occasionally, high demand causes Us to run out of certain Items. If Our sellers don't have an Item that you have ordered due to production or other problems, we'll notify you by email immediately.
We take reasonable care to make the Site secure. All credit/debit and Paypal account transactions are processed using a secure online payment gateway that encrypts your card or account details in a secure host environment. If you are a registered user of the Site, we will securely store your credit/debit card or account details on our systems. These details will be fully encrypted and only used to process card or account transactions which you have initiated. To help ensure that your shopping experience is safe, simple and secure We use Secure Socket Layer (SSL) technology.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. They can be suspended or terminated at any time without notice.
You warrant that:
Sellers must post the retail price and all applicable charges for the sale of an Item.
We reserve the right to review and approve or otherwise remove any Item or any content that is in violation of the Terms or for which We receive notice alleging that such Item or content infringes the rights of any third party or violates any applicable law, rule, or regulation. Additionally, We reserve the right to reject or remove any Item which we determine in our sole, unfettered, and arbitrary discretion does not meet our standards or requirements.
All sales are binding. The buyer and seller are each obligated to complete the transaction in a prompt manner. A transaction is commenced when a buyer completes the checkout process on our website and remits payment as indicated, and is completed upon shipment of the Item by the seller. The buyer is obligated to timely deliver appropriate payment for Items purchased, and the seller is obligated to timely ship the order after confirmation of buyer's payment thereof. Buyers and sellers will each receive an email notification from Us with information concerning the transaction and an order confirmation.
Sellers agree to ship products within two (2) business days of buyer's confirmed order of a product. It is up to each seller to monitor and update their inventory levels to ensure customers do not waste time purchasing an Item that is "out of stock."
NOTE: If Seller has technical issues and cannot update inventory they should immediately email Us at firstname.lastname@example.org with details so We can avoid the ordering of unavailable inventory.
All items are insured using our carrier’s insurance. We require a signature for any Items delivered, at which point responsibility for your purchased Items passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by the seller of the Item, and transfer of responsibility in the same way as if you had been the recipient.
Please note that the sellers are required to use best efforts to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch by sellers, and We are not responsible for any delays caused by destination customs clearance processes.
Making a return for a refund is easy using our International Returns service. All returns must be made within 10 days of receiving a shipment and must have a RMA number (return merchandise authorization). We will offer the buyer a credit for the full price of their product purchase, including tax and duties, which will be refunded directly to their credit card or other payment method.
All return shipping fees will be deducted from the total refund or credit of any Items returned in accordance with the Returns Policy. If an Item(s) are returned because the Item(s) was shipped with defects we will try to replace the item with another without additional shipping fees.
Buyers are encouraged to use the Return Shipping Label that has been provided by Us with each order. It is recommended that buyers insure their package if not using the Return Label.
Items should be returned new, unused, and with all our designer garment tags still attached and include all original packaging including boxes or dust bags. Returns that are damaged, soiled or altered may not be accepted and will be sent back to the buyer at their expense.
Please note that exchanges are not permitted. If you wish to exchange your Item for a different size or an alternative Item, we suggest that you return the Item in accordance with the Return and Exchange Policy, if permitted, for a credit and purchase the new Item separately.
FURTHER REQUIREMENTS FOR RETURNS
Items should be returned unused and unwashed with all garment tags still attached. Returns that are damaged or soiled in any way may not be accepted and may be returned to the buyer at the buyer’s own expense. Where provided, any included accessories and designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.
All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender at sender’s own expense.
All shoes should be tried on a carpeted surface before wear.
All swimwear should be tried over undergarments and the hygiene strip should not be removed.
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Site,, including Our software and all HTML and other code contained in or on the Site, shall remain at all times remain owned by Us and /or are shall remain the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on the Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by Us and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. We try to ensure that the information on the Site is accurate and complete. We do not warrant or represent that the Content is accurate, error-free or reliable or that your use of the Content will not infringe rights of third parties. Your use of the Site is at your risk. We do not warrant that the functional aspects of the Site or the Content will be error free or that the Site or Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or Content results in the need for servicing or replacing property, material, equipment or data, or any other losses or damage We are not responsible for those costs. Without limiting the foregoing, everything on the Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. We and Our suppliers make no warranties about the Content, software, text, downloads, graphics, Items, descriptions of Items, or links, or about results to be obtained from using the Site or purchasing any Items. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on the Site. We reserve the right to withdraw, temporarily or permanently, any Content from the Site at any time and for any reason. Removal may be immediate and without notice. You confirm that We are not liable to you or any third party for any such withdrawal.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of runway2street and we accept no responsibility for any such views expressed in any media.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the runway2street, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to resell, sublicense, rent, lease or otherwise publicly distribute any of Our information, services or database, or any part or parts thereof or information contained on our Site, or any access thereto solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on the Site to other websites or resources operated by parties other than Us including advertisers. We have not reviewed all of the sites linked to the Site and are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While runway2street will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the runway2street.
At our request, you agree fully to defend, indemnify and hold harmless runway2street immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the runway2street by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these runway2street and your use of the Site and the Services.
No Endorsement of Third Party Content
The information and opinions expressed on the Site are not necessarily Ours or Our service providers, affiliates, associates, subsidiaries or partners and We make no representations or warranties regarding that information or those opinions. Neither Us or Our service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided by users on the Site, including but not limited to those of buyers or sellers who use the Site and post content to the Site.
We hereby grant you a limited license to view on your computer, print, download and use any content made available on the Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property belonging to Us or any other party who owns or has proprietary rights to the content, information and materials provided on the Site.
Due to the nature of the Internet, it is not possible for Us to restrict access to its web site only to those jurisdictions in which We do business. Some or all of the Items and/or services offered on the Site may not be eligible for solicitation or provision in your jurisdiction. If you are accessing the Site from such a jurisdiction, you should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product or service from or through us or any seller. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
This agreement (the Terms) shall be governed by and construed in accordance with the laws of Washington State and you hereby agree to attorn to the jurisdiction of the courts of Washington. Any provisions of these Terms which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of the Terms. These Terms constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
In order to maintain an informative and valuable service that meets the needs of the users of the Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
(a) You may not post or transmit any message or listing which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
(b) You may not post or transmit any message, file, image, listing, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(c) You may not interfere with other users' use of the Site.
(d) You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
(e) You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Our intention to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however We reserve the right to take such action as We deem appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful or not in keeping with the nature of our Site.
(f) You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the Site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose and in compliance with the Terms.
(g) You may not use the facilities and capabilities of the Site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
(h) You may not post any e-mail or materials that would be considered a violation of any law. We will co-operate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any such e-mail or materials.
(i) You will not violate any laws, third party rights, or our policies.
(j) You will not interfere with other users' listings;
(k) You will not post for sale any Item that may not legally be sold;
(l) You will not post false, inaccurate, misleading, defamatory, libelous or obscene content or child pornography, or involve the sale of illegal, counterfeit or stolen Items.
You agree to indemnify Us and Our officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.