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Terms & Conditions
By visiting, using, or otherwise accessing the Website operated at https://rewear.hm.com (the “Website”) and the services offered through the Website, you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms and Conditions (the “Terms” or “Terms and Conditions”) of H&M Canada, doing business as H&M Rewear (“us”, “we” or “our”), in all respects with respect to the Website and the services offered thereupon.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
Section 1Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
means an account required to access and/or use H&M Rewear and the Website;
means a User who makes a purchase on H&M Rewear;
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, the Website;
means the delivery service provided by H&M Rewear’s shipping and delivery partners;
means a listing posted on the Website that advertises an item or items for sale;
means the payment service provided by H&M Rewear’s Third Party Payment Service Provider partner;
means a User who sells or offers items for sale on the Website;
“Third Party Payment Service Provider”
A payment processor partner selected, from time to time, by H&M Rewear to provide processing services to Users with respect to transactions conducted on the Website. Current partners include Stripe;
means a fee for the use of the service, calculated as a percentage of the selling price for each item sold through H&M Rewear, exclusive of shipping fees and any applicable taxes;
means any Content posted to the Website by a User;
Section 2 Nature of H&M Rewear Platform, Relationship of Parties
H&M Rewear is an online platform that allows customers to resell, donate or recycle their past purchases from H&M Canada. H&M Rewear is provided solely as an online venue for individual Buyers and Sellers of pre-owned fashion items to connect and do business with each other. All of the items listed for sale on H&M Rewear are offered and sold by Users of the Website; not by H&M Canada or any of its affiliated companies. We are not a party to any transactions or other relationships between Buyers and Sellers and have no responsibility or liability for any items bought, sold, or advertised for sale.
You hereby acknowledge and agree that:
- Buyers are not making purchases from Us and are not entering into a contract with Us. A Buyer’s purchase is from the Seller in question, and their contract is with that Seller;
- We may, in our sole discretion, pre-screen Sellers and items that are advertised in Listings on H&M Rewear, but are under no obligation to do so. We may accordingly remove any Listings that infringe upon our policies, best industry practice and any laws or regulations; and
- You are required to comply with these Terms, which include provisions covering important matters such as payment methods, processing times, and delivery methods.
- Your use of the site is at your risk. the information, materials, content and services provided on or through the site are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We will not be liable for any damages of any kind arising from the use of the Website, including but not limited to direct, indirect, incidental, punitive, and/or consequential damages, even if we are expressly advised about the possibility of such damages.
Section 3 Access to and Use of the Website
- Users may access and browse the Website free of charge.
- It is your responsibility to make any and all arrangements necessary for the Internet access required to access the Website.
- Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Website (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if The Website (or any part of it) is unavailable at any time and for any period.
- Links to other websites may be included on the Website. Unless expressly stated, these Websites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party Websites. The inclusion of a link to another Website on The Website is for information only and does not imply any endorsement of the Websites themselves or of those in control of them.
Section 4 Accounts
- Certain parts of Our Website (including the ability to buy and sell through the Marketplace) require an Account in order to use them.
- You may not create an Account if you are under 18 years of age.
- When creating an Account, the information you provide must be accurate and complete. If any of your Account information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
- You must choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.
- It is your responsibility to keep your password safe. Do not disclose your password to anyone.
- If you believe your Account is being used without your permission, please contact Us immediately at email@example.com. We will not be liable for any unauthorized use of your Account.
- You must not use anyone else’s Account.
- All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Section 22
Section 5 What Can and Cannot be Sold on H&M Rewear
- H&M Rewear permits the listing and sale on the Website of fashion garments in excellent condition – excluding swimwear, lingerie, face masks and hair accessories.
- The following are not permitted on H&M Rewear:
(a) Any items other than fashion garments in excellent condition;
(b) Any swimwear, lingerie, face masks, and hair accessories
(c) Any counterfeit or non-genuine items;
(d) Any items that have been created by the seller or altered from the form in which the item was originally purchased;
(e) Any items that have not been acquired legally or the sale of which is otherwise contrary to law.
- We reserve the right to remove any Listing that breaches the provisions of this Section 5 or that are not in line with our policies, best industry practice and any laws or regulations. We may suspend or terminate a Seller’s Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
Section 6 Descriptions Policy
When selling on H&M Rewear, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible). Sellers agree that all Listings submitted by them will comply with the following:
- If an item is not new, it must not be described as such;
- If an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;
- You warrant that the item is not counterfeit and does not infringe upon any third party’s intellectual property rights;
- Photographs uploaded and posted by Seller must be of the actual physical item you are selling;
- You must not use in your Listings any Content that belongs to other parties without their express permission (please refer to Section 8 for more information on intellectual property rights);
- Your Listing must not advertise alternate means, locations or platforms from or through which your listed items can be purchased.
Section 7 User Content
- You agree that you are solely responsible for any User Content that you may post to or communicate through the Website. Specifically, you agree, represent and warrant that you have the right to post or communicate the User Content and that it will comply with our policies, these Terms and all applicable laws.
- You agree that you are liable to Us for any breach of the warranties given by you under sub-section (1), above. You will be responsible for any loss or damage suffered by Us as a result of such breach and will, to the fullest extent permissible by law, indemnify Us for any such loss or damage, including reasonable legal and administrative expenses.
- You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you post to Our Website and all the intellectual property rights in that User Content. However, by submitting User Content to Our Website, you grant Us an irrevocable, unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-license your User Content for the purposes of operating and promoting Our Website.
- If you wish to remove User Content, you may do so by going to your customer account and deleting any information you wish to remove. We will use reasonable efforts to ensure that any such User Content is fully removed from the Website, any User accounts and our servers; however, please note that the content you removed from your Account or Listing may continue to exist temporarily in caches, back-ups and other links or references to your User Content on our Website and supporting platform. In addition, we will be unable to erase or remove User Content that has been copied to other systems or sites that are outside of Our reasonable control.
- We may reject, reclassify, or remove any User Content from Our Website where it violates Our policies, or if We receive a complaint from a third party about it and determine, in our sole discretion, that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.
Section 8 Smart Pricing Feature
The Website now offers a smart pricing feature (the “SP Feature”) for all Listings posted by Sellers. Effective as of June 24th, 2022, all existing Listings on the site shall automatically be opted-in to the SP Feature; all Sellers have the right to opt-out by Going to “My Account – Items on sale”. Upon submitting a new Listing, Sellers have the option to opt-in to use of the SP Feature, and may turn if off at any time thereafter, in their discretion, by following the instruction above. No Sellers shall be forced to use the SP Feature.
The SP Feature operates as follows:
- Seller posts a Listing at their chosen price (“Initial Price”);
- If the Listing has not sold within two (2) weeks, the SP Feature automatically lowers the Initial Price by 10%;
- If the Listing has not sold within four (4) weeks, the SP Feature automatically lowers the Initial Price by 15%;
- If the Listing has not sold within six (6) weeks, the SP Feature automatically lowers the Initial Price by 20%;
The SP Feature shall not lower the Initial Price by more than forty (40) percent.
Section 9 Inactive Listings
In addition to, and without limiting, the use of the SP Feature set forth above, the you shall be notified by email if a Listing is deemed inactive as set forth herein. For the purposes of this Section, “Inactive” shall mean a Listing which has neither sold nor been updated (i.e., changing the price, picture, description, etc.). Seller may respond to any individual email notification confirming that Seller is actively seeking to sell the Listing.
- Notification 1 shall occur if a Listing is Inactive for four (4) weeks;
- Notification 2 shall occur one (1) week after Notification 1, if Seller has not responded or taken any action to confirm the Listing is active;
- Notification 3 shall occur one (1) week after Notification 2, if Seller has not responded or taken any action to confirm the Listing is active;
If We receive no response to Notification 3 within three (3) calendar days, the Listing shall be automatically archived.
Section 10 Intellectual Property Rights
- With the exception of User Content, all Content included on Our Website and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us from third parties. All Content, including User Content, is protected by applicable intellectual property laws and treaties.
- Subject to Section 8(3) below, you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content (including User Content) from Our Website unless given express written permission to do so by Us or the relevant User.
- You may:
(a) access, view, and use Our Website in any web browser (including, but not limited to, in-app web browsers);
(b) download Our Website (or any part of it) for caching;
(c) print pages from Our Website for personal use;
(d) download extracts from pages on Our Website for personal use; and
(e) save pages from Our Website for later and/or offline personal viewing.
- The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.
- You may not use any Content (including User Content) printed, saved, or downloaded from Our Website for commercial purposes without first obtaining a license from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Website for general purposes whether by business users or consumers.
- Sellers and Buyers must, at all times, respect the intellectual property rights of H&M Rewear. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
- If you feel that another User has infringed your intellectual property rights in any way, please contact Us at firstname.lastname@example.org.
- If another party contacts Us accusing you of listing a counterfeit item or infringing their (or another third party’s) intellectual property rights:
(a) We will contact you to inform you of the complaint;
(b) We may remove the User Content that is the subject of the complaint;
(c) if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
(d) you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.
Section 11 Rules and Acceptable Usage Policy
- When using H&M Rewear, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Section 9. Specifically:
(a) you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) you wish to sell);
(b) you must not use H&M Rewear in any way, or for any purpose, that is unlawful or fraudulent;
(c) you must not use H&M Rewear to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
(d) you must not use H&M Rewear in any way, or for any purpose, that is intended to harm any person or persons in any way;
(e) you must always provide accurate, honest information about yourself and any and all items that you are selling on H&M Rewear;
(f) as a Seller, you must state the price of an item accurately and clearly, and must not change it in order to avoid paying the applicable Transaction Fee; and
(g) you must not engage in any form of price fixing with other Users (including Sellers and Buyers).
- When using H&M Rewear, you must not post anything (including, but not limited to, material in a Listing or any communication with another User, H&M Rewear or its partners) or otherwise do anything that:
(a) is sexually explicit;
(b) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
(c) promotes violence;
(d) promotes or assists in any form of unlawful activity;
(e) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
(f) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
(g) is calculated or is otherwise likely to deceive;
(h) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
(i) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this Section 9(2));
(j) implies any form of affiliation with Us where none exists;
(k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
(l) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- We reserve the right to suspend or terminate your access to H&M Rewear and the Website if you materially breach the provisions of this Section 9 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
(a) removing your Listing(s) from H&M Rewear;
(b) removing any offending material from H&M Rewear;
(c) issuing a written warning to you;
(d) legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
(e) further legal action against you as appropriate;
(f) disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
(g) any other actions which We deem reasonably necessary, appropriate, and lawful.
- We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.
Section 12 Selling and Purchasing and Transaction Fees
- When making a purchase from a Seller, the Buyer expressly agrees that:
(a) you have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply to the Listing;
(b) you will pay for the item(s) purchased in full (including the Transaction Fee and any shipping charges) and on time, using an accepted payment method via Our Payment Service; and
(c) you have provided complete and accurate delivery details.
- The Buyer and Seller may elect to complete a transaction by meeting up in person at a mutually agreed upon location. Buyer and Seller do so at their own risk, and such sale remains subject to these Terms, including, but not limited to, limitations of liability, indemnification, and the Transaction Fee and Payment terms set forth below. For in-person sales, please follow the recommended safety guides found in our FAQ
- A Transaction Fee of 15% of the price of each item sold will be added to each sale, payable by the Buyer. Transaction Fees are calculated based on the listed price of an item and do not include shipping fees.
- We will not make any Buyers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
- Any and all actions designed to avoid the payment of any fees described in these Terms are strictly prohibited.
Section 13 Payment Service
- All Payments, other than the Seller Payments set out in Section 12, on H&M Rewear must be made through the Payment Service provided by Stripe, Our Third Party Payment Service Provider.
- By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on H&M Rewear with the Third Party Payment Service Provider.
- The Payment Service works with the following payment methods: Visa, Mastercard, Amex.
- If We receive notice from the Third Party Payment Service Provider that your use of H&M Rewear or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on H&M Rewear, and/or the suspension or termination of your Account on Our Website.
- The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
- For in-person sales, Buyers and Sellers may be required to take one or more additional steps to complete the transaction, including exchanging a secure code given to the Buyer upon submitting the purchase on the Website. All payments for in-person transactions shall be electronic; cash is not permitted.
Section 14 Payments to Sellers
- All payments made to Sellers, consisting of the selling price paid by each buyer, are processed within 15 days of the confirmation of the sale via e-mail. The payout will be transferred on the Seller’s bank account, provided the Seller has updated his bank account details in his H&M Rewear account.
- We will not make any Buyers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
Section 15 Taxes
- H&M Rewear will calculate, collect and remit all applicable taxes on any sales made through H&M Rewear, including HST, or GST and PST, as applicable.
- The individual seller] am not a registrant for purposes of the Goods and Services Tax / Harmonized Sales Tax (GST/HST) or Quebec Sales Tax (QST).
Section 16 Shipping and Delivery Options
- The Seller may (i) choose our third-party Delivery Services to ship their item, or (ii) elect to meet with the Buyer in-person to complete the sale. Unless the Buyer and Seller elect to meet in person, the Seller must choose their preferred shipping option when creating the post and act accordingly once the item has sold. If the Seller chooses our third-party Delivery Services, the cost of the shipment will be charged to the Buyer. If the Seller chooses to arrange shipment on their own, they will bear the cost of shipping (but can set a higher price to cover this). Meeting in person shall remove the need for any shipping fees.
- Details respecting the process, terms and conditions for the use of our third-party Delivery Services are available here], along with instructions for preparing items for shipping through these services.
Section 17 Problems with Transactions and Buyers’ Rights
- Sellers must provide items in excellent condition that match the description provided in the Listing as well as any other representations made by the Seller to the Buyer prior to the purchase. Items must be provided within a reasonable time after purchase by the Buyer.
- If items received by a Buyer do not conform with the requirements set out in sub-section (1), above, such as exhibiting undisclosed defects, damages or stains, the Buyer may follow the complaints and cancellations procedure set out below in order to return the item and obtain a refund from the Seller.
- Please note that Buyers will not be eligible to claim a refund in the following circumstances:
(a) The Buyer wishes to return the item due to any characteristic of the item that was adequately disclosed by the Seller, prior to the sale, in the listing or other written communication with the Buyer;
(b) the Buyer has purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to the Seller and the problem has resulted from the Buyer’s use of the item(s) for that purpose; or
(c) the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
- Within 48 hours of receiving an item purchased through the Website, a Buyer may lodge a complaint regarding that item, including requesting the cancellation of the transaction, by completing the relevant cancellation / complaint form on Our Website https://www.hmrewear.com If a Buyer exercises their right to request a cancellation or lodge a complaint during the above period, The complaint and request will be sent to Rewear Customer Support who will liaise with the Seller and, as necessary, the Buyer, for resolution.
- If Rewear Customer Support accepts the return request, Buyer will receive a pre-paid shipping label to send back the item to the Seller and provide proof of postage/shipping of the item to the address of the Seller.
- In such a case, within 15 days of receipt of the returned item, in satisfactory condition, Rewear will reimburse the Buyer for all charges paid, including the price, applicable taxes and delivery charges paid on the original order, as well as the fees paid to return the item to the Seller.
- All decisions of Rewear Customer Support respecting Buyer complaints, including return and refund requests, are final and binding on the Buyer and the Seller.
Section 18 Account Cancellation Rights
- You may close your Account and cancel your agreement with Us at any time by going to My Account, My profile and click on “Close My Account” to send an email to customer support.
Section 19 Liability
- We are not a party to any transactions or relationships between Buyers and Sellers. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety or legality of any item(s) purchased from Sellers on H&M Rewear.
- To the fullest extent permissible by law, We will not be liable to you for any loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
- We use all reasonable skill and care to ensure that Our Website is free from viruses and other malware. However, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Website or any other Website referred to on Our Website.
- We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Section 20 Viruses, Malware and Security
- We exercise all reasonable skill and care to ensure that Our Website is secure and free from viruses and other malware. We do not, however, guarantee that Our Website is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Section Section 21.
- You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Website.
- You must not attempt to gain unauthorized access to any part of Our Website, the server on which Our Website is stored, or any other server, computer, or database connected to Our Website.
- You must not attack Our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-sections (3) to (5) of this section, you may be committing a criminal offence. Any and all such behaviour will be reported to the relevant law enforcement authorities. Your right to use Our Website will cease immediately in the event of such a breach.
Section 21 Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Section Section 20 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
(a) We will inform you as soon as is reasonably possible;
(b) Our obligations under these Terms will be suspended and any time limits that We may be bound by will be extended accordingly;
(c) We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary;
Section 22 Disclaimers and Legal Rights
- Nothing on Our Website constitutes advice on which you should rely. Information and other materials on Our Website are provided for general information purposes only.
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- We make reasonable efforts to ensure that Our Content on Our Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
- We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
Section 23 Communication and Contact Details
- We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an “Unsubscribe” link. If you opt out of receiving emails from Us, it may take up to 10 days for Us to comply with your request. During that time, you may continue to receive marketing emails from Us. Note that after unsubscribing from marketing emails, you may continue to receive other messages from us, such as those described in sub-section (1).
- If you wish to contact Us with general questions or complaints, you may contact Us by email at email@example.com.
- For matters relating to H&M Rewear including, but not limited to, these Terms, transactions, Buyers, and Sellers, please contact Us by email at firstname.lastname@example.org.
- For matters relating to cancellations, please contact Us by email at email@example.com or refer to the relevant Sections above.
Section 24 Data Protection
- All personal information that We may use will be collected, processed, and held in accordance with applicable privacy laws.
- You must only use the personal information of other Users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via H&M Rewear, and/or to respond to messages from them, unless you have obtained the consent of such Users, in compliance with applicable laws, to engage in other activities. Without limiting the generality of the foregoing, you may not add any User to a mailing list, use their data for marketing, or retain any payment details without the explicit consent of that User. You may only use another User’s personal information for additional purposes with their consent.
Section 25 Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
- If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
- In the event of any conflict between the current version of these Terms and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.
- We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms are to your material disadvantage, you may cancel as set out in sub-Section Section 17.
Section 26 Law and Jurisdiction
- These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Canada.