Terms & conditions

Welcome to Eskadi.com. Eskadi.com is brought to you by Eskadi.com LTD (referred to in these Terms as "we", "us", "our", and "Eskadi.com"). We are a company incorporated in England and Wales, with company number 13285581 and with a registered office at 86-90 Paul Street, London, EC2A 4NE.

These Terms & Conditions ("Terms") together with our Privacy Policy and Cookie Notice (which and Copyright & Trademarks Policy (which you can view by clicking here) (collectively, the "Terms") govern your access to and use of Eskadi.com's websites, mobile applications and other platforms Eskadi.com owns or controls and makes available to you (the "Services"), and any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by Eskadi.com in connection therewith (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

You are solely responsible for your use of the Services and for any consequences thereof. You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. When you purchase from one of our partner websites, you must abide by their terms and conditions, which are wholly separate from those of Eskadi.com. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organisation, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorised on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.

The Services that Eskadi.com provides are always evolving and the form and nature of the Services that Eskadi.com provides may change from time to time without prior notice to you. In addition, Eskadi.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Eskadi.com retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising byEskadi.com on the Services are subject to change. In consideration forEskadi.com granting you access to and use of the Services, you agree that Eskadi.com and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

2. Account Registration

In order to register, you are required to provide your email address. All personal details disclosed by you on the Services will be collected and processed in accordance with our Privacy Policy and Cookie Notice. You warrant that all the information you provide to us is accurate and complete.

You agree to register with Eskadi.com and access and use your account solely for personal use. You may not authorise others to use your account.

You are solely responsible for keeping your registration and other personal details for your account confidential.

You shall promptly notify Eskadi.com of any actual or suspected unauthorised third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party.

You warrant that all registration information and personal details provided to Eskadi.com are true and accurate.

3. Finding More Products Like This

We offer a service which allows you to request more product listings that are similar to one listed on our platform. You may request this through the item page. By using this service you agree to be contacted by email to receive these product recommendations, even if you have not consented to marketing notifications.

While we endeavour to send you these recommendations as quickly as possible, we make no guarantees about how quickly you will receive such an email or whether the items will be in stock when you visit the Partner website. The similarities between the product you have selected and our recommendations are subjective and provided to the best of our ability.

4. Buying Products Through Eskadi.com

Eskadi.com is an online intermediary which partners with some of the world's best known resale platforms to give you a wide array of pre-owned fashion items to buy.

When you select a particular product that you wish to buy, you will be taken directly to the third party Eskadi.com merchant (the "Eskadi.com Partner") website and asked to provide further personal details, which are likely to include your billing and delivery address, and payment card details. The personal details you enter on these Eskadi.com Partner websites will be collected, stored and processed in accordance with the terms and conditions and Privacy Policy of these websites. You must read and accept the terms and conditions and privacy and cookie policies of the Eskadi.com Partner website before purchasing your items from them. Eskadi.com is not responsible for the terms and conditions, privacy policies of and/or practices on other sites. Eskadi.com Partners are solely responsible for any and all issues related to products and services offered on their websites, including but not limited to issues arising from the processing of your transactions on the Eskadi.com Partner websites. We are only responsible for personal information collected on the Services. Please see our Privacy Policy and Cookie Notice for further information.

5. Payments

Eskadi.com Partner Websites

If you are making a payment on one of our Eskadi.com Partner websites, payment can be made by any card accepted by Eskadi.com Partner that delivers the product. You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from Eskadi.com Partner.

6. Taxes And Duties

Orders may be subject to additional taxes, duties and charges. Please be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for the delivery of your order.

7. Currency Conversion

8. Accessing The Services

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.

From time to time, we may restrict access to some or all parts of our Services.

You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.

9. Your Rights

Eskadi.com gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Eskadi.com, in the manner permitted by these Terms.

The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.

10. Eskadi.com Rights

All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Eskadi.com and its licensors. All such rights in the Services and related material are reserved.

Eskadi.com is a registered trade mark of Eskadi.com LTD. Both the trade mark and Eskadi.com logo are owned by us and cannot be used without our prior written consent.

Nothing in the Terms gives you a right to use the Eskadi.com name or any of the Eskadi.com trade marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Eskadi.com, or the Services is entirely voluntary and Eskadi.com will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.

You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you copy or download any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. Restrictions On Use Of The Services

You shall not use the Services:

• a) in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
• b) for any purpose that is not permitted by these Terms;
• c) in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights;
• d) to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;
• e) in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;
• f) in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
• g) in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;
• h) to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor's legal guardian);
• i) to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
• j) to access, tamper with, cause damage to, or use non-public areas of the Services, Eskadi.com's computer systems, servers or equipment or the technical delivery systems of Eskadi.com's providers;
• k) to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• l) in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;
• m) to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
• n) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services,
• o) for commercial purposes other than as expressly permitted in these Terms;
• p) to bypass measures used to prevent or restrict access to the Services;
• q) to solicit or provide unlawful services;
• r) to harvest or otherwise collect information about others without their consent;
• s) to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
• t) to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• u) to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or
• v) to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind; or
• w) in any way which would violate applicable UK, US or international trade sanctions law

Eskadi.com reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Eskadi.com, its users and the public.

While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

12. Retailer Partner Promotions terms and conditions ("Retailer Partner Promotion Terms")

From time to time, Eskadi.com may permit customers using the Eskadi.comsites to take part in competitions and promotions offered by our retailer partners ("Retailer Promotions"). Retailer Promotions will be subject to any specific terms and conditions set by the Retailer Partner and usually available on the Retailer Partner’s website. You should ensure that you read the specific promotion terms and conditions on the Retailer Partner’s website. From time to time, Eskadi.com may identify that a Retailer Promotion is ‘ending soon’ or is a 'limited time offer'. This means that the end date for the applicable Retailer Promotion falls within the next six days. Eskadi.comreceives such end date information from our Retailer Partners and takes reasonable steps to ensure that this information is accurate and up to date. Notwithstanding the foregoing, you should ensure that you read the applicable Retailer Promotion terms and conditions on the relevant Retailer Partner’s website for full details and to confirm the end date. By using a promotional code and/or taking part in a Retailer Partner’s promotion on the Eskadi.com sites you will be deemed to have read and understood the terms relating to the Retailer Promotions and agree to be bound by them.

For orders placed via a Retailer Partner’s website, we will provide a promotional code to be entered at the Retailer Partner’s checkout. You must ensure that the promotional code is correctly inputted at checkout to apply any discount to your order. For orders placed on the Integrated Checkout on our site, where a promotion is indicated, Eskadi.com will automatically apply the discount at checkout.

13. The Services Are Available "as-is"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.

Without limiting the foregoing, Eskadi.com AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.

Eskadi.com makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services. Eskadi.com will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. Eskadi.com makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained fromEskadi.com or through the Services, will create any warranty not expressly made herein.

We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you 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 the Services or to your downloading of any Content posted on it, or on any website or application linked to it.

We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).

14. Limitation Of Liability

THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Eskadi.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:

• (i) LOSS OF PROFITS, SALES OR CONTRACTS;
• (ii) LOSS OF INCOME OR REVENUE;
• (iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;
• (iv) LOSS OR CORRUPTION OF DATA OR INFORMATION;
• (v) LOSS OF ANTICIPATED SAVINGS;
• (vi) WASTED MANAGEMENT OR OFFICE TIME; OR
• (vii) ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,

ARISING FROM OR IN ANY WAY CONNECTED TO:

• (i) YOUR ACCESS TO OR USE OF THE SERVICES;
• (ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;
• (iii) THE FULFILMENT OF YOUR ORDERS FROM OUR Eskadi.com PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH Eskadi.com, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM Eskadi.com PARTNERS;
• (iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR
• (v) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES.

WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.

NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO £100.

NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

15. Your Liability

THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.

YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF Defence OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.

16. Termination

We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;

• (i) we have reasonable grounds to suspect unauthorised or fraudulent use of the Services;
• (ii) we reasonably suspect that you have not complied with these Terms; or
• (iii) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;

and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.

On termination of these Terms (for whatever reason) all licences and rights granted to you in relation to the Services shall immediately come to an end.

16. Waiver And Severability

The failure of Eskadi.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

17. Governing Law And Jurisdiction

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18. Entire Agreement

These Terms are the entire and exclusive agreement between Eskadi.comand you regarding the Services (excluding any services for which you have a separate agreement with Eskadi.com that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Eskadi.com and you regarding the Services. Other than members of the group of companies of which Eskadi.com is the parent, no other person or company will be third party beneficiaries to the Terms.

You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty, or undertaking not expressly incorporated in them.

If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at the address given below. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.

We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.

Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.

Eskadi.com may revise these Terms from time to time, the most current version will always be available here. If the revision, inEskadi.com's sole discretion, is material Eskadi.com will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Eskadi.com Ltd., 86-90 Paul Street, London, EC2A 4NE. If you have any questions about these Terms, please contact us.

This Agreement has been drawn up in the English language. In case of discrepancies between the English text version of this Agreement and any translation, the English version shall prevail.

Effective Date: 5 November 2021