Terms of Use

TRENDEO TERMS AND POLICIES


LAST UPDATED 21 MAY 2018



Please read these Terms and Policies carefully before you start to use our Website or our mobile application. We recommend that you print a copy of these for future reference.

By using our Platform (namely our website www.TRENDEO.com (“Site”) or our mobile application (“App”) in any manner, including but not limited to visiting or browsing, you confirm that you accept these Terms and Policies (as defined at paragraph 2 below) and that you agree to comply with them regardless of whether you choose to register with us. If you do not agree to these Terms and Policies, you must not use our Platform in any way.

  1. Welcome to our marketplace platform, www.TRENDEO.com together with our application TRENDEO (together our "Platform"). The Platform is provided, owned and operated by TC Fashion Markets Limited [trading under the name TRENDEO] a company registered in England under company number 9999039 and whose registered office is at 2-8 Victoria Avenue Bishopsgate, London, EC2M 4NS, England ("TRENDEO", "us", "we" or "our" for short). "You" and "your" means you as the user of our Platform.
  2. We have set out the terms under which we are providing you with access to our Platform and any services we offer from our Platform. These include the terms and conditions that govern:
    1. your rights to use and link to our Platform (our "Platform Terms of Use");
    2. how we will use and protect information about you and our use of cookies (our "Privacy and Cookie Policy");
    3. your obligations when uploading comments or other contributions and content to our Platform (our “User Generated Content Policy”);

    (together or individually these may be referred to as our "Terms and Policies").

  3. TRENDEO is an online marketplace which connects registered sellers (together the “Sellers”) with potential customers (“Customers”) allowing certain fashion products (“Products”) to be listed for sale on our Platform subject to our Terms and Policies and the guidelines and standards we set for each Seller. TRENDEO is not directly involved in the sale and purchase between Sellers and Customers and as a result we have no control over and give no warranty over or in relation to the quality, standard, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ownership of Sellers or the ability of Customers to purchase the Products. However, we endeavour to ensure that all Products are in line with our high standards and the guidelines we set. TRENDEO wants all Customers to experience an exceptional Customer buying experience. We seek to enforce these high standards through our Seller agreements and our Terms and Policies which include an ability to suspend or block any Seller from selling via our Platform where they fail to reach our high standards. However, Customers should also be aware that we do not pre-screen content or information provided by Users and cannot ensure that the Seller or the Customer will complete a transaction or enforce either party to do so.
  4. TRENDEO has no legal ownership of any Products advertised for sale by Sellers on the Platform and cannot and does not transfer any legal or beneficial ownership of any Products to Customers.
  5. If you are not yet registered with us as a Customer but would like to be registered, please sign up at. Please note that TRENDEO reserves the right to accept or decline any such registration and in its sole discretion, may refuse to offer access to or the use of the Platform to any person or amend its registration criteria at any point without prior notice to any users. Anyway, registration is not necessary for purchasing.
  6. We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Platform. You should check these Terms and Policies regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to the Terms and Policies after you have been notified of the changes on our Platform and/or if you continue to access, browse or use the Platform, where the updated Terms and Policies will be available for you to view.

PLATFORM TERMS OF USE

LAST UPDATED 21 MAY 2018

Please read these Platform Terms of Use carefully before you start to use our Platform, as they apply to your use of our Platform. We recommend that you print a copy of these for future reference.

These Platform Terms of Use refer to the following additional terms which also apply to your use of our Platform:

By using our Platform, you confirm that you accept these Platform Terms of Use and that you agree to comply with them. If you do not agree to these Platform Terms of Use, you must not use or browse our Platform.

Within these Platform Terms of Use, the phrase “Terms and Policies” refers to any or all of the following policies: our Privacy Policy, our Cookie Policy, our User Generated Content Policy, these Platform Terms of Use, our Seller Terms of Service and our Customer Terms of Business.

  1. Use of the Platform
    1. These Platform Terms of Use set out how you may use our Platform. By accessing the Platform (either the website or our mobile application), you agree to these Platform Terms of Use. These Platform Terms of Use apply to whatever method you have used to access the Platform, including but not limited to the internet, digital television services and mobile phone.
    2. If you do not agree to these Platform Terms of Use, you should not use the Platform. You should read all of the Platform Terms of Use prior to using the Platform.
  2. Accessing our Platform
    1. Access to our Platform is made available free of charge and permitted on a temporary basis. We reserve the right to withdraw or amend our Platform (and any services offered on them) without notice. We will not be liable if for any reason our Platform or any part of it is unavailable at any time or for any period.
    2. We update our Platform from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Platform (or any part of it) at any time without notice.
    3. Materials and information posted on our Platform are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws.
    4. You are responsible for making all arrangements necessary to access and view this Platform and should ensure you have up to date anti-virus software on any device from which you access our Platform.
    5. You are responsible for ensuring that all persons accessing our Platform through your internet connection are aware of these Platform Terms of Use.
    6. You are responsible for keeping all your account information up to date including valid email address. In order to purchase Products on the Platform you must provide a valid postal address.
    7. Our site is directed to people residing in the United Kingdom, Germany, Italy, France, Spain, Austria, Italy, Netherlands and Ireland. We do not represent that Products available on or through our Platform are available for purchase in other locations. We may limit the availability of our Platform or any Products described on our Platform to any person or geographic area at any time. If you choose to access our site from outside the the serviced countries, you do so at your own risk.
  3. Misuse of our Platform
    1. You must not misuse our Platform by:
      1. knowingly introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so); and/or
      2. gaining or attempting to gain unauthorised access to the server on which our Platform is stored or any server, computer or database connected to our Platform; and/or
      3. attacking our Platform via a denial-of-service attack or a distributed denial-of-service attack.
    2. Breach of this clause might constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
  4. Users
    1. All visitors to the Platform will be able to view and browse both the Website and the App without signing up or registering as a Customer. However, you will need to set up an account and create a user profile as a Customer in order to access some of the content on the Platform such as creating a wishlist. By successfully creating a user profile you will become a “User”.
    2. Registration as a User will require you to provide some personal details (such as your full name, email address and password or provide access to a third party account such as Facebook (or another social network site) to create your log in details. You consent to the use of this information to create and manage your account and acknowledge that we rely on the information provided by you during the registration process being true, accurate, current and complete. You must notify us of any change to such information by updating your account details.
    3. Should a User proceed to purchase a Product, then additional personal information at checkout will be required (such as your billing address and shipping address) and it will be required to select a payment method available on the Platform. Merchants will receive all the customers’ data which is needed to ship the order, namely: full name, shipping and billing address, email and phone number.
    4. Our Platform and its services to Users and Customers are only available to, and may only be used by, individuals over the age of 18 and who are capable of entering into a legally binding contract under the laws of England and Wales. By registering as a User you are representing and warranting to both TRENDEO and to Sellers that you are over the age of 18.
    5. Any personal information that you provide to us in the course of becoming a User or after registration will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy, regarding GDPR requirements.
    6. We reserve the right to suspend or cancel membership to the Platform and/or withdraw any or all User's rights at any time, except the GDPR mandatory rights. When an account is cancelled, we will also delete all the personal data related to it. We shall not be liable for any loss or damages whatsoever arising from a User’s inability to access any pages on the Platform.
    7. You must use your log in details (namely your email address and password or via your social media account where you have registered via a social network) to access certain parts of the Platform (i.e. to create a wishlist or make a purchase). It is your responsibility to keep your log in details including your password secure. You are fully responsible for all activity, liability and any damage resulting from your failure to maintain your passwords or log in details confidentiality. Furthermore, you agree to indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who is utilising it, whether with or without your permission and agree to not provide your log in details or your username or password to any other party (other than with us to access the Platform) without our express written permission.
    8. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of any of our Terms and Policies.
    9. We cannot guarantee the true identity, age, and nationality of a User and encourage all Users to communicate directly regarding any potential transactions through the “Contact Shop” button available on the Platform. We strongly ask that you do not arrange to meet any Users from the Platform in person.
    10. If you know or suspect that anyone other than you knows your log in details or there is any breach of security, you agree to immediately notify us at support@trendeo.com.
  5. Purchases
    1. Users may browse the Platform, browse Products or create, save and amend wishlists on the Platform. This will create no obligation between the Seller and the User. However, each order placed by you, the Customer, with a Seller shall be deemed to be an offer by you to purchase the relevant Product(s) from the Seller and shall be subject to these Terms and Policies together with any terms and details provided for on the relevant Product page.
    2. Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within is subject to the Customer Terms and the applicable details on the product page. No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract for purchase of the Product(s) is solely between you and that relevant Seller and will relate only to that/those Product(s) notified in the email acknowledgement of order.
    3. All Product sales are legally binding on both the Seller and the Customer. The Customer is responsible for ensuring prompt payment is made to the Seller and that all payment details and postage details supplied are true and accurate to allow for prompt delivery.
    4. The Seller is responsible for prompt delivery of any Products purchased by the Customer in accordance with our guidelines and any delivery terms specified at time of purchase, subject to any exceptional circumstances.
  6. Payment
    1. Any Products purchased via the Platform may only be paid using the payment methods available on the Platform from time to time. Upon choosing a payment, a pop up window for payment of that third party site will appear to make the necessary payment to the relevant Seller.
    2. All Product prices shall be shown in UK pounds (GBP) or in Euro (EUR) and payment shall be made in the respective currency displayed.
    3. Customers accept that some banks may charge additional fees for certain transactions.
  7. Refusal of transaction
    1. The Seller reserves the right to refuse to process any purchase for any valid reason, at their discretion or at the request of TRENDEO. Neither the Seller nor TRENDEO will be liable to you or any third party as a result of either refusing to process a purchase or suspending any purchase after processing has begun.
  8. Delivery and returns
    1. Your shopping basket on the Platform shall display the Product(s) you have chosen to purchase from a Seller. The Seller’s delivery costs and details of postage and packing shall also be displayed alongside the Products in your shopping basket. The delivery costs and estimated date for delivery of Products may vary according to the delivery methods. Delivery costs for Products purchased from the same Seller may be combined.
    2. Any delivery times quoted are in working days (excluding weekends and public or bank holidays) and shall be in accordance with the standards and guidelines we set for Sellers.
    3. Where a Seller is prevented from or delayed in delivering Products in accordance with the delivery times set out in the confirmation email due to circumstances beyond our or the Seller’s control (including but not limited to acts of God, war, national emergency, riot, civil commotion, act of terrorism, fire, explosion, flood, lock outs, strikes or labour disputes, delays affecting suppliers, carriers, or delays and/or inability to obtain supplies) then the Seller’s obligation to delivery shall be deemed to be suspended for the period of time that such circumstances continue. Where such circumstance continues for a period of 14 days the Customer shall be entitled to a full refund and may apply to the Seller to request same.
  9. Returns
    1. Any exchange, refund or return of any Product will be managed by TRENDEO via the “Contact us” form at the bottom of our website. Any returns or refunds shall be made by the Seller in accordance with their statutory legal obligations and our Return Policy.
  10. Posting User Generated Content
    1. Users may post reviews or comments of a Product purchased via the Platform and any such reviews / comments / text or otherwise shall be User Generated Content (“UGC”) for the purposes of our Terms and Policies.
    2. Any UGC posted by you will be attributed to the username you provide but we will not publish your email address on the Platform unless you have consented to this via your privacy settings.
    3. We reserve the right to refuse to publish any UGC (or remove without notice any previously published UGC). We shall not be liable for any loss or damages whatsoever arising from such decision to refuse to publish (or to remove previously published) UGC.
    4. We also reserve the right to close your User account and/or ban you from being able to post UGC to the Platform if you persistently and/or seriously breach the terms of the User Generated Content Policy.
    5. Views and opinions expressed in UGC submitted by Users or other members of the public are those of the individual submitting the UGC, not those of TRENDEO and we accept no responsibility for the content of such UGC.
    6. However, if you find any UGC on the Platform to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at support@trendeo.com with the subject heading "Objectionable Content". On receipt of your complaint we may remove or block access to the UGC complained of.
  11. Intellectual property
    1. We expressly reserve all intellectual property rights in and to the Platform and all information, images, and other content displayed on the Platform (“Materials”). Our intellectual property in the Platform includes without limitation any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you. You hereby assign all current and future rights to such intellectual property, which we can use for any purpose relating to the Platform or our business.
    2. Unless we expressly agree otherwise, you shall not copy all or any part of the Platform for your own commercial purposes.
    3. Your use of the Platform and the Materials is subject to the following restrictions. You must not:
      1. remove any copyright or other proprietary notices contained in the Materials; and/or
      2. use any Materials from the Platform in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; and/or
      3. use, or cause others to use, any automated system or software to extract content or data from the Platform ("screen scraping"), except in cases where you or any applicable third party has entered into a written licence agreement directly with us that expressly permits such activity; and/or
      4. reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit the Platform and/or the Materials for any commercial purpose.
  12. Trademarks and other rights

    We expressly reserve all rights in and to the www.trendeo.com domain name and all related domains and sub-domains, the name " TRENDEO ", our logo, the look and feel of the Platform, service marks, trading names and/or trademarks (registered, pending or otherwise). Other trademarks, products and company names mentioned on the Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

  13. Linking to our Platform
    1. You may link to the homepage of the Platform, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
    2. You must not link to our Platform in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Platform.
    3. Our Platform must not be framed or be subjected to any other browser or border environment on any other site.
    4. You must not establish a link to our site in any website that is not owned by you.
    5. If you would like to link to our Platform for commercial purposes or any purpose not included above, please contact partners@trendeo.com.
    6. We reserve the right to withdraw linking permission at any time and without notice.
  14. Privacy, your personal data and cookies

    The privacy of your personal data is important to us. Please see our Privacy and Cookie Policy for details of how we will process your personal data, where it is provided to us, and how we use cookies. Any personal data processing will be made regarding GDPR requirements.

  15. Third party content and third party websites
    1. Our Platform may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.
    2. Our Platform and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such websites or the standard of goods or services available through or on such websites. Unless expressly stated otherwise, links do not imply that we are, or our Platform is, affiliated to or associated with such sites.
    3. Our communications with you may contain information sourced from third party websites. Material from a third party site will be marked as such and a link to the source website may be provided. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from our communications with you, or any use of personal data by such a third party.
    4. The inclusion of any link in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.
    5. Please remember that when you use a link to go from our Platform to another website, our Terms and Polices (including our Privacy and Cookies Policy) will no longer be applicable. Your browsing and interaction on any other website, including websites which are linked to our Platform, is subject to that website’s own terms and policies. Please read those terms and policies before proceeding.
  16. Our liability
    1. To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Platform. In particular, we do not represent or warrant that the Platform will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform.
    2. We do not accept liability for any failure to maintain the Platform.
    3. We do not accept any liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise (even if foreseeable) arising under or in connection with: (a) use of, or inability to use, the Platform; or (b) use of, or reliance on, any content displayed on the Platform, including the Materials, (c) the merchantable quality, standard or fitness for purpose of any Products offered for sale by Sellers (d) the delivery, lead time, condition, packaging, shipment or otherwise of the Products and (e) any other matters directly or indirectly related to the transaction between Customer and the Sellers. In particular, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
    4. Nothing in these Terms and Policies shall give rise to TRENDEO (or any parent company, subsidiary, officer, director, employee or supplier or otherwise) being held liable for any damages whatsoever, whether direct, indirect, compensatory, general, special, consequential, and/or incidental, arising out of or relating to the conduct of any user, Customer, Seller or anyone else in connection with the use of the Platform, any policies or agreements referred to herein, any services offered via the Platform, including without limitation, loss of profits, sales, business or revenue, injury, emotional distress, or any special, incidental or consequential damages.
    5. For the avoidance of doubt any liability of TRENDEO, or any of its officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount you have paid via the Platform in Product purchases in the 12 months prior to the action giving rise to liability, or (b) £100.
    6. Nothing in these Platform Terms of Use shall affect your statutory rights, and nothing in these Platform Terms of Use shall exclude our liability for death or personal injury arising through negligence, for fraud or fraudulent misrepresentation and/or anything else that cannot be excluded or limited by us under English law.
  17. Interactions between Users
    1. Customers cannot contact a shop directly; all communication is moderated by TRENDEO via the "Contact Us" form at the bottom of our website. A Seller has the ability to contact the purchaser of any Product. Messages are intended for communicating about Products, transactions and orders that are underway.
    2. Users are responsible for interactions with other Users. All parties agree to exercise caution and we strongly ask you not to arrange to meet any Users from the Platform in person.
    3. Where giving personal information to a User via messaging please ensure that such information is necessary for the transaction. Do not give any credit card or other bank details to any Seller, nor should a Seller request same via the messaging service.
    4. The availability of messaging service provided on the Platform should not be used to send spam, unsolicited emails, promotions, advertising or to harass, threaten or abuse any User. Please contact us at support@trendeo.com with the title “Messaging Abuse” should you receive unwanted, threatening or any messages which breaches our Terms and Policies.
    5. Any disputes between one or more users of the Platform, particularly between Customer and Sellers, should attempt to be resolved amicably and quickly between the parties, each party acting in good faith. Should the parties fail to resolve the matter within 14 days of the dispute arising, either party may notify us at support@trendeo.com and we, in our sole discretion, may seek to assist the parties to resolve the reported dispute. Each party acknowledges that TRENDEO is not directly involved in any transactions between the parties and therefore is under no obligation to resolves dispute and may choose to do so in good faith. In circumstances where TRENDEO agrees, acting in good faith, to assist in resolving a dispute they shall not offer any judgement and shall make no decisions regarding any claims, demands for payments or legal issues. Any disputes relating to financial transactions between Customers and Sellers shall be determined by the relevant financial payment service available on our Platform.
    6. All users of the Platform agree and acknowledge that any dispute, including but not limited to disputes between Customers and Sellers, are a matter for those parties and TRENDEO shall not be liable for and shall be released from any and all claims, damages (actual and consequential), statutory demands or other demand notices arising out of or in any way connected with such dispute.
  18. No Warranty

    Trendeo (together with our offices, director, employees) shall not be liable and give no warranty (whether express, implied or statutory) as to the title, merchantability, performance, fitness for a particular purpose and non-infringement of any Product. In addition, no advice or information of any kind (written or otherwise) obtained by you via the Platform shall create any warranty. Nothing in these Terms and Policies shall create any warranty or any condition (express, implied, statutory or otherwise) with respect to the Platform or its use thereof by any user, Customer or Seller.

  19. Indemnity

    You agree to indemnify and hold TRENDEO (including any parent company, subsidiaries, affiliates, officers, directors, agents, and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Policies or any other document, policy or otherwise incorporated by reference, or your breach of any law or the rights of a third party.

  20. No Agency

    Nothing in our Terms and Policies shall be deemed to establish any partnership, joint venture or agency, employee-employer or franchiser-franchisee relationship between any and each of TRENDEO, the users, Customers or Sellers of the Platform. Nor shall any part of our Terms and Policies authorise any party to make or enter into any commitments for or on behalf of any other party.

  21. Changes to our Platform Terms of Use

    We may change these Platform Terms of Use from time to time, in which case an up to date version will be available via the Platform. You should check these Platform Terms of Use regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to these Platform Terms of Use after you have been notified of the changes on our Platform and / or if you continue to access, browse or use the Platform, where the updated Platform Terms of Use will be available for you to view.

  22. Serviced Countries

    We operate the Platform from the United Kingdom and serve the following countries: United Kingdom, Germany, Italy, Spain, France, Ireland, Netherlands and Austria. We make no representation that the Platform is appropriate or available in other locations. If you access the Platform from other locations, you are solely responsible for compliance with local laws.

  23. Legal compliance

    You are responsible for and shall comply with all applicable domestic and / or international laws and regulations regarding your use of the Platform including but not limited to any offers to purchase Products via the Platform, an agreement to purchase Products and the subsequent payment of all applicable taxes upon the purchase of such Products.

  24. Applicable law

    The English Courts will have exclusive jurisdiction over any claim or dispute arising from or related to a visit to the Platform (including non-contractual disputes or claims). English Law will apply to these Platform Terms of Use.

  25. Contact us

    If you have any concerns or queries about material which appears on the Platform or if you have questions about your use of the Platform or these Platform Terms of Use please email us at support@trendeo.com.