Terms and Conditions
These Terms of Service set out the legal terms that apply to your use of our Website http://www.londiny.com and any mobile device application or desktop application developed by us or on our behalf and the other services that we provide (the “Services”).
When we refer to “LONDINY”, “we”, “us” or “our”, we mean LONDINY GLOBAL LIMITED. Where we refer to “you” or “your” we mean you, the person using the Services.
These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and sellers relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records.
Londiny is a marketplace that allows users to offer, sell and buy high-quality clothing, shoes, bags, and accessories in a variety of pricing formats and locations. Any actual contract for sale is directly between the applicable sellers and buyers. Londiny is not a traditional auctioneer. Please pay particularly close attention to our listing and purchase conditions and shipping policies.
2. About Us
We are LONDINY GLOBAL LIMITED and we operate the Website. LONDINY GLOBAL LIMITED is a company registered in OFFICE ROOM 77, 7/F, WOON LEE, COMMERCIAL BUILDING, 7 AUSTIN, AVENUE, TSIM SHA TSUI, KOWLOON, HONG KONG. Our registered company number is 3189370.
We provide the services to you through the Website. When you purchase products using the website, you are purchasing them from the third party (“Seller(s)”) named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Seller. We are acting as agent on behalf of the Sellers, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Sellers to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us or through us as your agent.
While we may help facilitate the resolution of disputes through various programs, Londiny has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Acceptance of Terms of Service
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Eligibility. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration. To use certain of the Services, you may need to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not:
- select or use as a username a name of another person with the intent to impersonate that person;
- use as a username a name subject to any rights of a person other than you without appropriate authorization; or
- use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to email@example.com.
When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Londiny in connection with our provision, expansion, and promotion of our Services.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
Londiny takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including Londiny users). You may use that content solely in your Londiny listings. Londiny may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Londiny is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any third party or User Content. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, including without limitation (x) with regards to product specifications, colors, textures, size, condition, value, origin, authenticity, functionality or appropriateness for use; or (y) that the Content on the Services reflects updated information in areas such as availability or market developments such as product recalls. We therefore encourage you to independently confirm with other sources any data, images, information, suggestions, guidance or other materials or Content made available on or through the Site or Services.
5. Listing Conditions
As part of the Services, you may choose to post a Listing to the Services. You hereby acknowledge and agree that:
- you are solely responsible for the accuracy and content of any Listing;
- we cannot guarantee exact Listing durations;
- User Content, including without limitation any Listing, that violates this Agreement may be modified or deleted at our sole discretion;
- we reserve the right in our sole discretion to delete any Content (including Listings) for any reason whatsoever without notice to you, including without limitation because we believe for any reason that a Listing may include replica (and not original) or counterfeit items or for editorial reasons;
- appearance or placement of Listings in search and browse results will depend on a variety of factors (for example, buyer’s or seller’s location, search query and history) and, as such, a Listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
- if you Accept Payment, you enter into a legally binding contract with the applicable buyer, pursuant to which (A) you agree to ship such goods to buyer in accordance with this Agreement and (B) title to and ownership of such goods automatically passes to that buyer upon your shipment of such goods; and
- we do not transfer legal ownership of applicable goods from an applicable seller to an applicable buyer and have no responsibility or liability in connection therewith.
6. Purchase Conditions
When buying an item on our Services (all goods included in Listings are provided by Londiny users and not Londiny), you agree that:
- you are solely responsible for reading the full item listing before commitment to buy;
- when you use the Services to commit to pay a certain amount of money to an applicable Seller for goods included in an applicable Listing, you enter into a legally binding contract with such Seller to attempt in good faith to purchase such goods; and
- we do not transfer legal ownership of items from the Seller to the Winning Buyer and have no responsibility or liability in connection therewith;
- your purchases through the Services are transactions between you and the applicable Londiny user and not with us or any of our affiliates;
- we do not in any instances make any representations, warranties or guarantees as to whether an applicable Seller will choose to Accept Payment or Reject Payment, and we have no liability to you with respect to any such choice;
- we are not a party to your payment transaction for such purchases;
- we do not design, manufacture, store, ship or otherwise control any goods or services made available for purchase by Londiny users and
- we do not make any representations or warranties with regard to any goods made available through the Services.
7. Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate, in each case as determined by us in our sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; impersonates any person or entity, including any of our employees or representatives; or includes anyone’s identification documents or sensitive financial information. You shall not:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- run any form of auto-responder or “spam” on the Services;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any Content from the Services; or
- otherwise take any action in violation of our guidelines and policies. You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (b) modify, translate, or otherwise create derivative works of any part of the Services, or (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of us, our users and the public.
8. Payments and Billing
Payment Processing. We do not process payments for goods included in Listings posted to the Services – that is handled by a Payment Processor. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor. For each good you purchase through the Services, you agree to pay the agreed upon payment amount for applicable for the goods. You hereby acknowledge and agree that the total charge for any purchase in the amount of an accepted offer or counteroffer in connection with an applicable Listing may include shipping fees and state and local sales tax, the amount of which varies (e.g., due to factors including the type of item purchased and the shipping destination). Each Londiny user shall be solely responsible for all applicable sales taxes, or other taxes, customs, import/export charges or similar governmental charges on orders shipped to any country.
Payment Method. The terms of any payment in connection with the Services will be based on the applicable payment method that you authorize through the Services (“Payment Method”) as may be determined or affected by agreement(s) between you and the applicable Payment Processor, financial institution, credit card issuer or other provider of your chosen Payment Method.
Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
Billing. We use a Payment Processor to bill you through a payment account linked to your account with the applicable Payment Processor, which account is linked to your Account on the Services (your “Billing Account”), for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE THE EMAIL ADDRESS OR ACCESS CREDENTIALS ASSOCIATED WITH YOUR ACCOUNT WITH AN APPLICABLE PAYMENT PROCESSOR), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD, WHETHER FOR YOUR ACCOUNT ON THE SERVICES OR WITH AN APPLICABLE PAYMENT PROCESSOR. CHANGES TO SUCH INFORMATION CAN BE MADE AT YOUR ACCOUNT PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
9. Orders, prices, payment and taxes
By completing the check-out process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the products from the relevant Seller(s) (and not directly from us). Your order for the products is subject to these Terms of Service which are incorporated into the contract between you and the relevant Seller. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price which is determined by the relevant Seller. After entering into the contract for the products with the Seller, the Seller will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Seller and/or Londiny (as applicable) until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.)
10. Londiny Money Back Guarantee
Most Londiny sales go smoothly, but if there’s a problem with a purchase covered by Londiny Money Back Guarantee, buyers can get their money back if an item didn’t arrive, is faulty or damaged, or doesn’t match the listing. You agree to comply with the policy and permit us to make a final decision on any Londiny Money Back Guarantee case.
If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or Londiny under the Londiny Money Back Guarantee, you authorize Londiny, or Londiny payments entities to collect the amount of the reimbursement from your current or future sales proceeds, linked financial account, or other payment method. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We may suspend the eBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
11. International Buying and Selling; Translation
Our Services are accessible to international Sellers and Buyers. Sellers and Buyers are responsible for complying with all laws and regulations applicable to any international sale, purchase or shipment of goods. We may offer certain features or functionality of particular interest to international Sellers and Buyers, such as local currency conversion services (which may be made available or provided by Third Party Sites). The accuracy and availability of any such currency conversion services are not guaranteed.
You authorize us to use automated tools to translate your eBay content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
12. Warranty Disclaimer
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Price update and other notification functionality in Londiny’s applications may not occur in real time. Such functionality is subject to delays beyond Londiny’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, in no event will Londiny (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Londiny was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using our Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by Londiny;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Londiny Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or from abusing against Londiny;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Terms of Service or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the eBay Money Back Guarantee up to the price the item sold for on eBay (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $500.
13. Agreement to Arbitrate
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION RULES AND PROCEDURES OF JUDICIAL ARBITRATION. THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Terms of Service.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.