Stuffstr terms and conditions
LAST UPDATED: 06 SEPTEMBER, 2019
Stuffstr Limited is registered in England and Wales under company number 11285971, with its registered office at Waverley House, 2nd Floor, 7-12 Noel Street, London, United Kingdom, W1F 8GQ and with VAT number 292 8397 52 ("Stuffstr").
Stuffstr has engaged with adidas to offer adidas customers the right to sell certain used adidas products to Stuffstr in return for adidas gift cards ("Gift Cards") and Creators Club membership points (collectively, the "Service").
These terms and conditions (these "Terms") set out the terms on which you may access and use the Service. These Terms will be binding on you when you use the Service.
In these Terms:
when we refer to "we", "us" or "our", we mean Stuffstr;
when we refer to "you" or "your" we mean you, the person accessing and using the Service; and
when we refer to "adidas" we mean adidas (UK) Limited and its affiliates.
These Terms shall govern the relationship between Stuffstr and you. adidas is not a party to these Terms (or to any Contract formed pursuant to clause 2 below) and adidas does not provide the Service.
When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
adidas will use and make available to CompanyStuffstr your personal data which are necessary for CompanyStuffstr to provide the Service. For more info on how adidas uses your data and your data rights please see the adidas privacy notice, available here.
1.1 In order to access and use the Service you must:
1.1.1 have downloaded the official adidas app (the "App"); and
1.1.2 be a member of the adidas Creators Club (the "Creators Club").
1.2 The Service is only available through the App.
1.3 The Service and these Terms are only available in the English language.
1.4 Please note that your participation in the Creators Club is governed by separate terms and conditions (available here).
2. USING THE SERVICE
2.1 On the App you are able to see all the purchases of adidas products that you have made online through the UK-version of adidas’ official website www.adidas.co.uk (the "Website") or the App during the last five years, provided you were logged into the Website or App at the time you purchased them (the "Used Products").
2.2 Items exceeding the dimensions of 40cm x 30cm x 15cm are not eligible for the Service.
2.3 There will be on the App a specific price for each individual Used Product (the “Tentative Price”). If you would like to sell Used Products to us for the Tentative Price at that point in time, mark such Used Product for sale on the App and follow the order process.
2.4 adidas will provide you with the opportunity to identify and correct any input errors at the end of the order process, before submitting your order. In addition, adidas will give you the opportunity to cancel a pick-up after an order has been submitted, provided the cancellation occurs more than one hour before the scheduled pick-up.
2.5 If you select to sell us any Used Product following the process set out above, we are under no obligation to purchase it, and any such sale is conditional on us agreeing to purchase it at the Tentative Price. If we refuse to purchase that Used Product, you will be notified via an email. Once we agree to purchase such Used Products, we will procure that adidas issues you a Gift Card as described in clause 2.6.1 below, and the contract between you and us is concluded when we complete that procurement (the “Contract”). Each Contract shall incorporate these Terms. All Used Products you have elected to sell to us for the Tentative Price, and we have agreed to purchase pursuant to this clause 2.5, are deemed “Resale Items”.
2.6 In consideration for the sale and delivery of the Resale Item by you pursuant to these Terms, we shall procure that:
2.6.1 adidas issues you a Gift Card equal to the aggregate Tentative Buy-Back Price for the Resale Items, in accordance with clause 4 below; and
2.6.2 adidas credits an additional 200 membership points [per Resale Item] per transaction to your Creators Club account.
We shall only procure the issuing of the Gift Card and crediting of the membership points once your Resale Items have been delivered by courier or post to us and we have confirmed receipt of all the Resale Items.
2.7 We reserve the right to return any of the Resale items to you or, if agreed between us and you, amend the aggregate Tentative Price if:
2.7.1 the wrong items are returned;
2.7.2 some items are missing; or
2.7.3 the items are fraudulent.
We shall not procure the benefits set out in clause 2.6 for any Resale Items returned to you pursuant to this clause 2.7.
3.1 Delivery of your Resale Items is free, provided you are resident in mainland United Kingdom or Northern Ireland.
3.2 During the order process, and provided the aggregate Tentative Buy-Back Price for your Resale Items is above the minimum threshold indicated in the App, we will provide you with two delivery options for the relevant Resale Items, as set out below. In either case, we will not be responsible if we do not receive your Resale Items and you will not be entitled to receive your Gift Card or membership points.
Option 1: Pre-postage package/stamp
3.3 We can provide you with a postage-paid package (the “Mail-In Package”). You must place your Resale Items in the Mail-In Package and drop them off at an eligible drop-off location as instructed within the App or Mail-In Package. We strongly recommend you get proof of postage.
3.4 You must mail your Resale Items within fourteen (14) days of receiving the Mail-In Package, or your order will be cancelled.
3.5 All Resale Items must be included in the corresponding Mail-In Package. In the event any Resale Items are missing or incorrect, Stuffstr is entitled to adjust the aggregate Tentative Price accordingly.
Option 2: Courier
3.6 We can arrange for a courier to pick up your Resale Items if you live in an eligible post code. Eligible post codes can be found here, and may change from time to time.
3.7 All Resale Items must be included in the corresponding courier pick-up. ShouldIn the event any Resale Items beare missing or incorrect, Stuffstrthe CompanyStuffstr is entitled to adjust the aggregate Tentative Buy-Back Price accordingly.
4. GIFT CARDS
4.1 When adidas issues a Gift Card to you equal to the aggregate Tentative Price of the Resale Items, your use of that Gift Card must be in accordance with the adidas Gift Card Terms of Sale and Use excluding the following sections: Ordering Gift Cards, Delivery and Statutory right of withdrawal, cancellation and refunds. (available here).
4.2 Gift Cards will be in electronic form.
4.3 We will make electronic Gift Cards available by procuring that adidas emails them to you and messages them to you in the App, with a link that includes the number and pin code to use that Gift Card.
5. CLOSURE OF THE SERVICE
5.1 We reserve the right to close the Service (either on a temporary or permanent basis) on reasonable notice at any time.
5.2 The closure of the Service will not affect: (a) any Contracts formed prior to the closure of the Service; or (b) any of your rights to use the Gift Cards issued to you through the Service prior to the closure.
6. CANCELLATION RIGHTS
6.1 You are not, in relation to these Terms or any Contract, entitled to the ‘right to cancel’ granted to consumers in certain business-to-consumer distance contracts (for the UK, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. or the equivalent legislation implementing Directive 2011/83/EU in other EU member states).
7.1 You agree, and represent to us, that:
7.1.1 any Resale Items you sell to us pursuant to these Terms are authentic, original products manufactured and sold by adidas;
7.1.2 that you own all legal and beneficial title in any Resale Items you sell to us pursuant to these Terms;
7.1.3 that you have all rights to sell any Resale Items you sell to us pursuant to these Terms and you haven’t entered into any agreements that conflict with these Terms.
8.1 Nothing in these Terms excludes or limits our liability for:
8.1.1 death or personal injury caused by our negligence;
8.1.2 fraud or fraudulent misrepresentation; and
8.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
8.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Contract between you and us became binding.
8.3 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
8.4 We only supply the Service for domestic and private use. You agree not to use the Service for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.5 You acknowledge and agree that adidas is not a party to any Contract and is not liable to you for any losses, damages, costs, expenses or other liabilities that you may suffer or incur under any Contract.
8.6 Notwithstanding clause 8.2, and save as set out in clause 8.1, our maximum liability to you under these Terms in respect of any particular Contract will be limited to the value of the Resale Items.
9. CHANGES TO THESE TERMS
9.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms) but the Terms applicable at the time of your Offer will apply to that Contract. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Service.
10. OTHER IMPORTANT INFORMATION
10.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
10.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
11. GOVERNING LAW AND JURISDICTION
11.1 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Service, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the laws of England and Wales.
11.2 You may bring any dispute which may arise under these Terms to – at your discretion - either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of England.
11.3 As a consumer, if you are resident in the EU and we direct the Services to (or otherwise pursue our commercial or professional activities related to the Services in) the Member State in which you are resident, you will benefit from any mandatory provisions of the law. of the country in which you are resident. Nothing in these Terms, including clause 11.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
13. CONTACTING US
13.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Waverley House, 2nd Floor
7-12 Noel Street
London, United Kingdom
+44 7775 816147