Terms and Conditions

Agreement between User and www.skorzie.com

Welcome to www.skorzie.com. The www.skorzie.com website (the “Site”) is comprised of various web pages operated by SKORZIE LLC (“SKORZIE”). www.skorzie.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.skorzie.com constitutes your agreement to all such Terms. Please read these terms carefullyand keep a copy of them for your reference.

www.skorzie.com is an E-Commerce Site.SKORZIE is an apparel resale and new apparel close-outs marketplace, offering a convenient option for shopping and for selling quality new and secondhand women’s sporting apparel and accessories.

Privacy

Your use of www.skorzie.com is subject to SKORZIE’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.skorzie.com or sending emails to SKORZIE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. not limited to, newsletters, promotions, special offers, account reminders and updates.

You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting our customer service department at info@skorzie.com

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SKORZIE is not responsible for third party access to your account that results from theft or misappropriation of your account. SKORZIE and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

CONSIGNMENT AGREEMENT

Upon consigning goods or products through SKORZIE, you will be deemed to have agreed to the termsof the consignment agreement (“Agreement”) which are binding upon you and SKORZIE. Either party may elect to terminate this Agreement at anytime.  You are responsible for reading, signing and returning the Consignment Agreement along with your consigned items you intend to sell through SKORZIE.

We welcome your email with any additional questions about consigning your merchandise at SKORZIE at: info@skorzie.com.

Children Under Thirteen

SKORZIE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.skorzie.com only with permission of a parent or guardian.

Refund Policy

Except as otherwise stated, you have 14 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the refund method you choose, either in the form of SKORZIE online shopping credit or in your original form of payment. Items purchased with SKORZIE shopping credit will always be refunded back as shopping credit. Original shipping charges will not be credited or refunded when returning items.

Please note that we will only offer credit or a refund for items if they are returned to SKORZE on a timely basis (within 14 days or receipt of item/s) and are in the same condition in which you received them. Tags must remain on the item. If you do not meet these requirements, your returned item will be forfeited.

Final sale items are non-returnable.

Ship returned items to along with a copy of your packing receipt to:

SKORZIE returns

930 S Andreasen Dr, Ste F

Escondido, CA 92029

We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact us at: info@skorzie.com so that we can help you resolve the issue.

Account Credits

Unless otherwise stated, all credit offered to you in consideration for accepted items will be non-transferable and available for shopping on the Website or to cash out after 14 days from issuance for a period of one (1) year. At SKORZIE’s discretion, any such credit remaining in your account for more than one (1) year may be converted into a SKORZIE gift card (a “SKORZIE” Gift Card”). A SKORZIE Gift Card will be issued electronically to the last customer email address on file.

Gift Cards

You may purchase SKORZIE gift cards through the Services (“Gift Cards”) via the website or other methods offered. Your purchase use or acceptance of any Gift Card constitutes acceptance of the Gift Card Terms. The Gift Card Terms constitute a contractual agreement between you and SomewhereWarm SMPC, a Woo Commerce Gift Card Extension Company (“Somewhere Warm”), which is the issuer and sole legal obligor of the Gift Cards.

Gift Cards can be redeemed solely for merchandise through our website and are not refundable or redeemable for cash except to the extent required by law. Risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or Somewhere Warm’s delivery to the carrier, whichever is applicable. Somewhere Warm is not responsible for lost or stolen Gift Cards, or for use without your or the recipient’s permission. SKORZIE reserves the right to close accounts or request alternative forms of payment if a Gift Card is fraudulently obtained or used. For complete terms and conditions applicable to the Gift Cards, please visit Gift Card Terms.

Product Descriptions

While we attempt to be as accurate as possible, SKORZIE does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. If a product offered by SKORZIE is not as described, your sole remedy is to return it in unused condition.

Comparison Pricing & Estimated Retail Pricing for Consigned (secondhand) Items

The estimated retail price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, construction and material offered elsewhere in new condition. While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Our reference prices are set by ourinternal research of market prices for the brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.

Authenticity

SKORZIE prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. SKORZIE’s authentication process is in-house and if SKORZIE cannot verify the authenticity of an item in your Clean Out Bag or it does not meet the authenticity standard, it will not be listed regardless of its condition and SKORZIE reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws. If Return Assurance was added to your Cash Out Kit, then all unaccepted items will be returned accordingly.

Most brands sold on the Website are not partnered or affiliated with SKORZIE in any manner. However, SKORZIE fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.

Links to Third Party Sites/Third Party Services

www.skorzie.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SKORZIE and SKORZIE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SKORZIE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SKORZIE of the site or any association with its operators.

Certain services made available via www.skorzie.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.skorzie.com domain, you hereby acknowledge and consent that SKORZIE may share such information and data with any third party with whom SKORZIE has a contractual relationship to provide the requested product, service or functionality on behalf of www.skorzie.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.skorzie.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SKORZIE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SKORZIE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SKORZIE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of SKORZIE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SKORZIE or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your SKORZIE account to third party accounts. By connecting your SKORZIE account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by SKORZIE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SKORZIE Content accessed through www.skorzie.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Feedback and User Content

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. SKORZIE reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of SKORZIE if SKORZIE should choose to use the User Content. SKORZIE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If SKORZIE does include your User Content, or any part thereof, you are deemed to have granted SKORZIE a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.

You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify SKORZIE, its shareholders, and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company’s use of your User Content.

You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SKORZIE for all claims resulting from User Content you supply. SKORZIE has the right but not the obligation to monitor and edit or remove any activity or User Content. SKORZIE takes no responsibility and assumes no liability for any User Content posted by you or any third party. SKORZIE, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.

SKORZIE reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. SKORZIE, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which SKORZIE, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by SKORZIE. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.

Indemnification

You agree to indemnify, defend and hold harmless SKORZIE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SKORZIE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SKORZIE in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SKORZIE agree otherwise, the arbitrator may not consolidate more than one person’s claimsand may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SKORZIE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SKORZIE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SKORZIE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKORZIE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SKORZIE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

SKORZIE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SKORZIE as a result of this agreement or use of the Site. SKORZIE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SKORZIE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SKORZIE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SKORZIE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SKORZIE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

SKORZIE reserves the right, in its sole discretion, to change the Terms under which www.skorzie.com is offered. The most current version of the Terms will supersede all previous versions. SKORZIE encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

SKORZIE welcomes your questions or comments regarding the Terms:

SKORZIE LLC

930 S Andreasen DR, STE. E

Escondido, California 92029

Email Address: info@skorzie.com

Telephone number: (442)277-4450

 

Effective as of April 10, 2020