Terms of service

Effective:8 December 2022

Introduction
These terms of use ("Terms of Use") form a legally binding agreement between you and Ox Street Sdn. Bhd. ("Refash" or "We", or "Us" or "Our"), and govern your use of and access to the refash.my website ("Site") and services provided by Us whether through the Site, Our offline stores or otherwise ("Services"). These Terms of Use highlight your respective legal rights and obligations when using and/or accessing the Site and/or Services. Please read the Terms of Use carefully (including Our Privacy Policy) before using this Site and/or Services. By using and accessing this Site and/or Services, you agree to be legally bound by these Terms of Use (including the additional terms and conditions and policies referenced herein and/or made available by hyperlink).
These Terms of Use apply to all customers of the Site and Services, including without limitation:
customers who buy products sold by Us through the Site or otherwise; and
customers who give Us their unwanted garments in exchange for cash or credit payment upon Our acceptance of such unwanted garments.
General Use of the Site and Services
By using the Site and/or Services, you agree not to:
violate any applicable rule, law or regulation in connection with your access to or use of the Site and/or Services;
misuse the Site or Services;
deliberately interfere with or hamper the working and performance of the Site and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the Site and/or Services;
copy, modify, reproduce, adapt, or publicly distribute any materials or content on the Site;
collect, use, disclose or process personal data of other individuals on the Site without their prior express and valid written consent; and
attempt to obtain unauthorised access to the Site and/or the Services.
By using the Site and/or Services, you agree that:
any information or documentation you provide to Us is true, correct and complete, and you agree to immediately notify Us of any changes to such information; and
any breach of these Terms of Use may result in the suspension or termination of your Account (defined below) and right to use the Site or Services and possible legal action being taken against you.

Creation of Account
You may have created an account with Us ("Account") in the course of your use of the Services and the Site.
You shall be deemed to have read and accepted these Terms of Use as well as the Privacy Policy upon the creation of your Account. You are solely responsible for, and bear the risk of, all activities carried out under or pursuant to your Account, whether or not such use is authorised by you. We shall not be responsible for any losses that may be suffered by you or any third party as a result of any unauthorised use of your Account. To prevent any unauthorised use, you agree to take such actions as are necessary to maintain the security of your Account, including using a strong password, regularly changing your passwords, not re-using passwords across platforms, and keeping your password confidential. It is also your responsibility to ensure the information submitted by you in respect of your Account is true and accurate, and you agree to keep your information up to date by informing Us of any changes.

Buying with Refash
All items that We offer for sale through the Site ("Products") are items which are "like-new", second-hand or brand new with original tags intact, all of which are sold "as is", without any warranties express, implied or otherwise, and however arising.
Products may include images of the item, text descriptions, price, measurements, and other information. The colour of the Products as displayed on the Site may slightly differ from the actual colour, depending on lighting conditions and variances in computer screen displays. Please allow for a difference of 0.5 to 1" difference for the measurements stated for each Product on the Site.
You acknowledge and agree that in purchasing any Product, you have evaluated, reviewed, and considered the descriptions and display (including the accuracy, completeness, or reliability) of such Product on the Site before proceeding with your purchase.
In the event you seek any relief or remedy in respect of any non-conformity of any Product pursuant to the Consumer Protection Act 1999 or any other applicable law, any reduction in the transacted value of the Product (“Transacted Value”) or any refund of the Transacted Value or price thereof shall not prejudice or affect your liabilities to Us under these terms and you shall remain liable for the full amount of any other incidental costs and expenses in relation thereto as provided under these terms.

Selling with Refash
You can clean out your closet by passing to Us your unwanted garments ("Items") in exchange for cash or credit payment upon Our acceptance of the Items.
The terms, method, and information on selling your Items (including payout value and selling timeline) can be found on Our How to Sell guide.
Upon receipt of your Items, We reserve the right to reject such Items (i) if they fail to meet Our standards; (ii) if they appear to have missing and broken parts, with extensive wear and tear; (iii) if they do not conform to the categories of garments We accept; or (iv) for any reason, at Our sole and absolute discretion. In such a case, We will contact you to arrange for you to retrieve the Items from Us.
In the event you do not retrieve any rejected Items from Us within the stipulated and/or mutually agreed time, We shall attempt to contact you for retrieval of the rejected Items at another time. Notwithstanding the foregoing, in the event you fail to retrieve the rejected Items from Us within thirty (30) days from the first agreed time period, We shall have the right to dispose or otherwise deal with the rejected Items as We in Our absolute discretion deem fit, without any liability to you.
We reserve the right to determine the value of the Items received by Us, based on factors including but not limited to the Item's brand, condition, style, popularity, and trend. The Payout Estimator is intended merely as a guide and not the final and binding payout value for your Items. Our payout offer to you for the Items will be at Our sole and absolute discretion. Where We have notified you of Our offer for your Items (“Offer to Purchase”), you can choose to accept or reject the Offer to Purchase. In the event:
you reject the Offer to Purchase, you will be required to retrieve the Items from Us at such stipulated place and time, failing which the provisions of Clause 5.7 shall apply.
you accept the Offer to Purchase, ownership of your Items will pass to Refash and the payout offer amount as accepted by you will be processed according to your preferred mode of payment within the stipulated time.
Please note that where you are selling with Refash, ownership of your Items remains with you at all times, until such time (i) you accept the Offer to Purchase; or (ii) you retrieve the Items from Us, in the case where you reject the Offer to Purchase. For the avoidance of doubt, Refash shall not be responsible for loss or damage to Items incurred in transit or held in Our possession prior to your retrieval of the same.
By accepting the Offer to Purchase and giving to Us the Items in exchange for cash or credit payment, you warrant and represent that (i) you are the owner of the Items; (ii) you have the full authority to give to Us the Items (or where applicable and necessary, permission has been obtained by you to do so); (iii) the Items are not stolen or appropriated by any unlawful means.

Delivery and Self-Collection
The terms, method, and information for delivery or self-collection of your Product order shall be in accordance with Our Delivery & Self Collection Policy.
It is your responsibility to ensure (i) the place of delivery and contact details for delivery are accurate (in the case of local courier delivery), and (ii) that you collect your order within the stipulated time from the date We notify you (in the case of self-collection). The time for delivery shall not be of the essence, and We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. The ordered items are your responsibility from the time We deliver them to the address you gave Us, or from the time you collect them.
If you are not available to accept delivery of your order, We may contact you. We will attempt re-delivery and, in such case, you may be asked to contact the local courier or Our customer service team to arrange for re-delivery.
If you do not self-collect your order within the stipulated time notified to you, We will impose a daily late collection fee, which you must fully pay before you can collect your order.
If delivery or self-collection of your order fails due to your unreasonable refusal to accept delivery, or if you do not accept delivery (after re-delivery attempts have been made) or self-collect (after the stipulated time for self-collection has lapsed), We may (without affecting any other right or remedy available to Us), do either or both of the following:
charge you for any costs and expenses reasonably incurred by Us; or
cancel your order and not make available the Product(s) for delivery or self-collection, whereupon We will notify you of such cancellation. In such a case, We will refund to you the money paid to Us for your purchase via the same payment channel, less any applicable sums incurred by Us (including re-delivery attempts and/or any administrative charges arising from such cancellation).
We reserve the right to deduct all such costs incurred by Us from (i) the Refash credits that you may have in your Account (if applicable); or (ii) any cash or credit payment payable to you by Refash in exchange of Items accepted by Us (if applicable).


Shipping Services Provider
7.1 In order to provide the Shipping Services, you acknowledge that Refash may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Shipping Service Providers”) into the Platform and that Shipping Service Providers provide its shipping and delivery services subject to their respect Additional Terms. In order to use the Shipping Services, you agree to comply with such Additional Terms, as the same may be modified by the Shipping Service Providers from time to time, and other applicable Additional Terms.
7.2 Information required for Shipping Services: In order to use the Shipping Services, you must provide Refash, its related corporations and/or its Shipping Service Providers with accurate and complete information required for the Shipping Services including delivery information such as address and mobile number of the recipient. Refash and/or its related corporations use such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Pos Malaysia Berhad to process the delivery and shipment of packages and to manage the delivery information you have provided to us. You may add, delete, and edit the delivery information you have provided from time to time directly through the Platform, provided that no amendments may be made with regards to the order in process, once an order has been confirmed.
7.3 By providing the delivery information for a shipment, you represent and warrant, that you are legally authorised to provide such information to us. By using a particular delivery method, you are agreeing to the terms of service of the relevant Shipping Service Provider.
7.4 Unless otherwise agreed upon between the buyer and the seller, the buyer will bear all fees (“Shipping Service Provider Fees”) that may be charged by such Shipping Service Provider for the selected delivery method. The seller agrees that the Shipping Provider Fees (if any) applicable to each order (as stipulated during the order detail form) shall be deducted from the payment that is due to the seller from the buyer of the same transaction. The Shipping Service Provider and/or Refash reserves the right to adjust, amend and charge for additional Shipping Service Provider Fees (each, an “Additional Shipping Fee”) in the event of: (a) any late, incomplete or incorrect information required for the Shipping Services; (b) any breaches of the Additional Terms (as defined below); (c) any breaches of these Terms, in particular, Clause 16; or (d) a variance or discrepancy in the weight indicated and the actual weight of the shipment.
You agree to authorise Refash and/or its related corporations to:
process the Shipping Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 7;
freeze and hold the monies in your Balance and withdraw a sum from your Balance up to an amount equivalent to the Additional Shipping Fee so as to reimburse a buyer in connection with a Prohibited Transaction without advance notice to you;
compel you to pay the Additional Shipping Fee in full to the Shipping Service Provider and/or Refash (or its related corporations).

Returns and Refunds
The terms, method, and information for the return and refund of Product(s) you purchase from Us shall be in accordance with Our Returns & Refunds Policy.
If you are not completely satisfied with your purchase, you may return the Product to Us within the stipulated time. To be eligible for return, the Product must be unwashed and unworn, in good condition (unless return is due to a defect found in the Product as evidenced by the clear snapshot shared with Us), and with original Product tags still attached and intact (if Product is brand new).
We do not accept returns for Products that:
are purchased under "Buy 1 Get 1 Free" campaigns;
are purchased under any sale campaigns or promotional events held by Us from time to time;
are deemed to be non-refundable items due to hygienic purposes;
are purchased at any of Our offline stores or during any physical transaction (e.g. physical events);
are based on reasons of colour variance or measurement difference between 0.5 - 1";
are stated as non-refundable items at the point of purchase or as notified on the Site or at Our offline stores.
For avoidance of doubt, sale of the Products under categories as stated in this Clause 7.3 is final and cannot be returned, exchanged or refunded.
It is your responsibility to ensure the Product returned to Us is in the same condition as it was when received by you, packaged properly, and trackable (if return is done via courier). We shall not be liable for any returned Product lost, delayed, or damaged in transit, therefore We recommend you package the returned Products carefully and send it to Us via trackable carrier to ensure it reaches Us in good condition.
Returns outside of the stipulated time frames may be accepted at the sole discretion of Refash.
In the event We find the Product was returned to Us in an unsuitable condition and/or the Product was not returned in accordance with the process set out in this Clause 7, We may at Our discretion decide:
not to accept the Product or process your refund; and
to return the Product to you, upon which you may be required to pay all reasonable costs incurred by Us in returning the Product to you. We reserve the right to deduct all such costs incurred by Us from the Refash credits that you may have in your Account (if applicable).
In such a case, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

Personal Data Protection
You will be required to submit your personal data, payment information, delivery information, and other information as may be required to register an Account, process your transactions and payments, arrange for delivery, and any other related services. We take protection of your privacy and personal data seriously and We have provided Refash's Privacy Policy, to explain how We collect, use, disclose, process, and protect such information collected and received from you.

Intellectual Property
Any and all intellectual property rights embodied in or relating to or used in connection with the Site, the Services and all materials and works comprised in or relating thereto, including without limitation:
all trade marks, service marks, logos, trade names, information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, and/or other materials, produced and/or procured by Refash;
HTML, WML, Java, CGI scripts, JavaScript and/or all other forms of computer code employed in the design, creation and posting of the Site on the Internet, and all updates and derivative works thereto;
all computer programs, modules, algorithms and/or tools relating to the Site (including the source codes and the object codes, and all documentation, concepts, database, data and methodologies thereof);
the graphical user interfaces relating to the Site;
the compilation, collection, arrangement and assembly of all data, information and content on the Site;
all other information and content made available on the Site; and
any other proprietary designations or materials used in association with the Site and/or the Services,
(collectively “Refash Materials”), are the property of Refash, its licensors and/or its affiliates (each an “Owner”) and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. You agree and acknowledge that the use of the Site and the use of and access to any Refash Materials does not grant or transfer to you any rights, title or interest in relation to the Site or any Refash Materials.
You shall not in any way, without the prior written consent of the Owner:
copy in whole or in part any Refash Materials and/or the Site;
copy, reproduce, publish, modify, adapt, upload, post, transmit, distribute, commercially exploit, reverse engineer, disseminate, broadcast, or circulate any whole or part of the Refash Materials and/or the Site; or
breach any intellectual property rights arising from or in connection with the Refash Materials and/or the Site, including by altering or modifying any of the Refash Materials and/or the Site, causing any of the Refash Materials and/or the Site to be framed or embedded in another website, or creating derivative works from the Refash Materials and/or the Site.
Subcontracting by Refash
Refash reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the services necessary for providing the Site and Services as Refash deems appropriate.
Liability Disclaimer; Limitation of Liability
You acknowledge and agree that the Site, Services, Products displayed, and all information published on the Site are provided on an "as is" and "as available" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
We do not provide any warranty, condition, guarantee, term, or representation:
as to the reliability, accuracy, completeness of the content on the Site;
that the Products displayed on the Site are free of defects;
that the functions on the Site are and/or will be secure, uninterrupted, or error-free.
You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Site and/or Services is to request for termination of your Account and/or discontinue any use of the Site and/or Services.
In no event shall Refash or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Site and/or Services, or arising out of or in connection with your conduct in connection with the use of the Site and/or Services including without limitation damages for loss of profits, business, revenue, goodwill, anticipated savings, use, data, or other intangible losses, whether or not the damages were foreseeable and whether or not Refash was advised of the possibility of such damages.
Nothing in these Terms of Use shall apply to or in any way limit or exclude Refash’s liability for: (a) death or personal injury caused by its negligence; (b) dishonesty, deceit or fraudulent misrepresentation; or (c) liability which may not otherwise be limited or excluded under any applicable laws and regulations.
Indemnity
You agree to indemnify, defend, and hold harmless Refash, its subsidiaries, directors, officers, employees, shareholders, agents, and affiliates, from any and all actions, claims, proceedings, damages, losses, costs and expenses arising directly or indirectly from, as a result of, or in connection with: (a) any use of your Account; (b) your breach of these Terms of Use and Our Privacy Policy; (c) your violation of any applicable laws and regulations; (d) your violation of any rights of another person or entity.
Governing Law and Jurisdiction
These Terms of Use are governed by and shall be construed in accordance with Malaysia law. You agree to submit to the exclusive jurisdiction of the Malaysia courts over any dispute arising out of or in connection with these Terms of Use.
Changes to the Terms of Use
Refash reserves the right to modify, change, update or revise these Terms of Use at any time. Any amendment to these Terms of Use will apply and take effect immediately at the time they are published on the Site. You are responsible to remain updated on any changes that may be made to these Terms of Use. We will, if appropriate, notify you of any amendments by email. Your continued use of Our Site and Services constitutes your acceptance of the updated Terms of Use. We will not in any event be liable for any loss resulting from any amendment(s) or modification(s) to these Terms of Use.

Security
We will deploy reasonable security precautions intended to protect against unauthorised access to any data stored by Us in connection with your use of the Site and Services. We will exercise reasonable efforts to deploy corrections within the Site and Services for security breaches made known to Us. You may not circumvent or otherwise interfere with any user authentication or security of the Site and Services.
You acknowledge that, notwithstanding the security precautions deployed by Us, the use of, or connection to, the Internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the Site and Services and your data. We cannot and do not guarantee the privacy, security, integrity or authenticity of any information or data transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
General
Notices
Any notice, demand or other communication sent by Us shall be sent to the email address notified by you, and you shall be responsible for ensuring that the email address provided is correct and current.
Any notice, demand or other communication sent by Us shall be deemed to have been received by you:
if personally delivered, at the time of delivery;
if sent by post, two business days after the date of posting;
if by email, upon completion of transmission directed to the email address notified by you, unless We receive a non-delivery or error message indicating that the email was not successfully sent to the recipient’s mailbox or mail server.
Entire Agreement
These Terms of Use, the Privacy Policy, any additional terms and conditions and policies referenced herein and/or made available by hyperlink, constitutes the entire agreement between you and Refash in relation to your use of the Site and Services, and supersedes any prior agreements, undertakings, representations, and warranties in relation to the Site and/or the Services, whether written or oral.