TERMS AND CONDITIONS OF BUSINESS

These terms and conditions govern and apply to anyone accessing or using the website located at www.d-railed.org and any other website(s) owned and/or operated by D:RAILED Ltd. (including any of its subsidiaries or corporate affiliates, collectively, "D:RAILED," "we," "us" or "our") and any of their associated web pages (collectively, our "Services").

Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the England and Wales or another applicable jurisdiction.

Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.

Access To and Use of the Services

D:RAILED reserves the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these Terms and ensure you understand them before making a purchase.

Any access or use of the services by you after the changes go into effect shall constitute and be deemed your agreement to these terms. If you do not want to be bound by these Terms, do not use or access any part of the Services. D:RAILED may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorised to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

We reserve the right to refuse service to anyone, for any reason, at any time.

Unless authorised in writing by D:RAILED, you may use the Services solely for your personal and non-commercial use. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:

modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services, including without limitation, engage in the practice of "screen scraping," or any other similar activity; hack into the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services; damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services; violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of D:RAILED.

For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

Conditions of garments supplied by You

The D:RAILED team have high quality standards in regards to items that are accepted or rejected.

On average, 40-50% from each bag doesn’t quite meet the required expectations. We always offer our customers the chance to collect their items, however, we are always more than happy to ensure the unsuitable items are responsibly recycled or donated to one of our charity partners.

Any unaccepted items will never be featured on our website.

Accepted items must be:
- Clean, freshly washed or dry-cleaned
- From a named brand or retailer
- Less than 5 years old
- Free of tears, stains, or rips (unless part of the original design)
- In very good condition

Unaccepted items are:
- Missing labels or sizes
- Pilling or fading
- Missing or broken parts i.e. zips or buttons
- Tears, rips, or holes from damage or general wear
- Stains and odours
- Shrunk, stretched, or altered
- Tailored items including formal gowns or specialty items

Intellectual Property

The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Services are the property of D:RAILED and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall D:RAILED be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.

The Services as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the England and Wales, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by D:RAILED, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.

Content

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogues, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by D:RAILED and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. D:RAILED reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on D:RAILED in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. You acknowledge and agree that D:RAILED is not responsible or liable for any loss or damage of any sort incurred as a result of accessing a third-party website, or any dealings with any third-party website, operator thereof, or any third-party content, products or services.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by D:RAILED, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.

Limited License; Personal, Business, and Non-Commercial Use Limitation of the Content and Services

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorised to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.

You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorised by D:RAILED. Use of any of D:RAILED’s trademarks as metatags on other networks is also strictly prohibited.

Unauthorised Use of the Website

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.

You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorised uses of the Services, including, but not limited to, unauthorised framing of or linking to the Services or unauthorised use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Linking to the Services

If D:RAILED authorises you to deep-link your website or a service offered by your website to the Services, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) D:RAILED has no obligation to continue to provide or make the service or the Services available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to D:RAILED and its technology and Content, including all ownership rights, remain the exclusive property of D:RAILED; (4) you will be solely responsible for the data and content that you publish on your website; and (5) D:RAILED may terminate your access to the Services at any time in its sole discretion.

D:RAILED reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in D:RAILED’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Services, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Services.

Terms of Sale; Risk of Loss

By placing an order with D:RAILED, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorised user of the payment method provided. The receipt by you of an order confirmation does not constitute D:RAILED's acceptance of an order. We retain the right to refuse any request made by you.

Prior to D:RAILED's acceptance of an order, verification of information may be required. D:RAILED reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from D:RAILED, for any reason whatsoever. D:RAILED reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, D:RAILED shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, D:RAILED shall credit your account in the amount of the incorrect price.

All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colours of our products that appear on the Web site; however, the actual colour you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colours. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in ‘D:RAILED web credits’ or ‘credits’ or ‘Pounds Sterling’

Please see our Customer Care webpage and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. D:RAILED reserves the right to restrict delivery to addresses within or outside of the United Kingdom. Shipping and handling fees and applicable sales tax will be added by D:RAILED as necessary.

The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.

Excessive Returns

D:RAILED monitors returns to identify potential misuse or abuse of our return policies. We flag customers who meet our criteria for excessive returns. Customers who are flagged may be subject to our review, and revocation of standard customer return policies. We reserve the right to refuse service to anyone.

Reporting

If you see objectionable content or have any questions about these Terms, please contact D:RAILED at the address noted below.

D:RAILED, 4 Northcroft, Shenley Lodge, Milton Keynes, MK5 7BE

Offline Conduct

Although D:RAILED cannot monitor the conduct of its users of this Services, it is a violation of these Terms to use any information obtained from our Services in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Violation of These Terms

You agree that monetary damages may not provide a sufficient remedy to D:RAILED for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

Liability and Indemnity

We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.

You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.

Modification/Termination of Services

In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. D:RAILED shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.

General Legal Provisions

These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.

If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. D:RAILED’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of D:RAILED’s right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright

All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by D:RAILED, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of D:RAILED. Any rights not expressly granted herein are reserved by D:RAILED.

Copyright Policy

D:RAILED’s policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:

• an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• an identification of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on or through our Services;
• your address, telephone number, and e-mail address;
• a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Trademarks

D:RAILED and RE:USED and all other related names, logos, product and service names, designs and slogans are trademarks of D:RAILED or its affiliates or licensors. Such marks cannot be used without the prior written permission of D:RAILED.

All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.