Terms and Conditions

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1. Introduction

These Terms of Service apply to the online platform dotte (“Website”) and to the associated app (“App”) (the Website and the App are jointly referred to as the “Platform”).

This Platform is owned and operated by dotte Ltd, a company established in England (company number 12671379) with its registered offices at PO Box 75987, London, E11 9GX). dotte is a trading name of dotte Limited. All references to ‘our’, ‘us’ or ‘we’ within this policy are deemed to refer to dotte.​

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We operate a peer-to-peer marketplace which allows you to become a “Buyer” or a “Seller” of children’s clothing, shoes or accessories using our Platform. You must do this via the creation of an “Account” and by becoming a “User”. You can search for “Items” in the “Catalogue”, log-in to your profile and view other profiles (each Account has a unique and public URL) via the Platform.

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These are the terms and conditions (“the Terms”) which apply to the use of this Platform by you. You use this Platform entirely at your own risk. We accept no liability whatsoever for any loss or damage arising from the use of this Platform whether directly, indirectly or otherwise. Please read these Terms carefully. They set forth the terms and conditions under which you may use the Platform. If you agree with these Terms, you will be able to use our Platform as a User, and you will have the opportunity to be a Buyer and a Seller of Items on the Platform. If you do not agree with these Terms, you are not authorised to use the Platform.

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2. Platform usage

Our Platform acts as an intermediary between Buyers and Sellers. We are fully responsible for the Platform we provide, within the limits of its commitments and under the conditions provided in these Terms. We charge a 15% fee to Sellers for use of the Platform across all transactions.

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If you are a Visitor of the Platform (any individual who visits the Site or App, but who has not created an Account), you can search and view Items in the Catalogue, and read Content provided by us. However, you will not be considered a User and you will not be able to use the Services. 

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3. Individuals rights

Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you. You should also read our Cookie Policy to understand how we use cookies within the Platform.

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4. Your right to use the Platform

4.1. The contents of this Platform are protected by copyright under the relevant intellectual property laws, including the Copyright, Designs and Patents Act 1988, associated EU law, international law and is owned by dotte ltd.​ We give you permission to use the materials and content comprising the Platform for the sole purpose of using the Platform in accordance with these Terms of Service. The domain name www.wearedotte.com is the property of dotte ltd.

4.2. Your right to use the Platform is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Platform does not stop us from giving other people the right to use the Platform.

4.3. Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “dotte” name, or any of the “dotte” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to dotte ltd..

4.4. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of dotte’s materials and content, the Platform, dotte name and/or trademarks, other than as set out in these Terms of Service.

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5. Obligations and rules

5.1 Your obligation to us: We take every effort to ensure that Users can use the Platform safely but keeping this environment safe and secure is also dependable on the Users and their behaviour. For this reason, when using the Platform, Users undertake to follow the rules stipulated in these Terms.

5.2 Our right to block, deactivate and delete Accounts and Users

We consider a breach of the Users obligation to dotte as a serious breach of these Terms of Service. We reserve the right (with or without notice and at our own discretion) to permanently or temporarily withdraw your right to use our Platform, to remove any of your Content, Account details or Items in the Catalogue, to restrict your Account and access to the Platform, to issue a warning to you, to investigate thoroughly, to disclose your information to law enforcement authorities if necessary. These actions are not limited or exhaustive and we reserve the right to take alternative action if we deem it necessary. 

5.3 In circumstances referred to above, we will provide the User with a written notification stating the reasons for the restriction or blocking of their Account, unless it is deemed to infringe on applicable laws.

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5.3 dotte’s rights and obligations to the User

5.3.0 All Users are fully liable for any information they post on the Platform as well as for the Items they offer, sell or transfer to other Users. The Buyer alone must decide whether to proceed with a Transaction or purchase of an Item. We make no commitments regarding any information around the Items including the quality or delivery of the Items, the price, description and availability or any Items promoted or available through our Platform.

5.3.1 There may be occasions when the Platform may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of equipment. We are unable to promise that your use of the Platform will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Platform in these Terms of Service. 

5.3.2 The User accepts that the internet may be subject to breaches of security and that the submission of User Account details or other information may not be secure. We are not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Platform.

5.3.3 You may be able to access third party links/websites/products via the Platform. We are not responsible or liable for any third party links/websites/products which may be accessed by you at your own discretion and risk.

5.3.4  We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.

5.3.5 We may enhance or alter the Platform at any time to make it more user-friendly. Such changes will not lead to disadvantages for the Sellers.

5.3.5 We may, at any time, launch competitions, campaigns, games or promotions or exclusive offers to Users on the Platform. Special conditions may apply. Certain features or functionalities of the Platform may be temporarily altered or disabled during or in connection with a Promotion. We reserve the right to discontinue any Promotion at any time, without notice to Users.

5.3.6 We are not responsible for any tax liabilities or reporting obligations that might arise to Users from their activities within the Site. For the purpose of the Transactions undertaken on the Platform, the Users themselves are solely responsible for any taxation reporting duties, if any would arise under applicable legislation.

5.4.7 We and our selected business partners may provide advertising to the User through the Platform or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy. We may use advertising cookies to provide such advertising and you can read our Cookie Policy here.

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6. Setting up an account

6.1 To buy or sell items in the Catalogue via our Platform, and use our services, you must register for an Account with us and become a User, with a password.

6.2 Through the registration process, Users will be asked to provide (directly in the registration form or, if you so wish by sharing your Apple ID profile) an email address and a password to enable the Platform to identify you each time you access the Platform. You will be asked to verify your identity via 2 step authentication.

6.3 The Platform is not directed to persons under 18 and we do not knowingly collect personal information from minors under 18. Minors under 18 years of age are prohibited from providing any personal information to the Platform. If you become aware that your child has provided us with personal information without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate the child’s account.

6.4 You are responsible for maintaining the confidentiality of your login details.

6.5 If Users believe that any profile pictures, profile content or shop name that have been published on the Platform are inappropriate or abusive or otherwise does not comply with these Terms, Users may report the User to our Customer Care team where it will be reviewed or block them directly.

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7. Selling Items on the Platform

7.1 Only Items that meet all of the following conditions may be listed on the Platform:

5.1.1 The Item must be an item of genuine children’s clothing, children’s shoes and children’s accessories, from the ages of 0 to 12 years.

5.1.2 The Seller must have the right to transfer the ownership of the Item.

5.1.3 The sale, use or possession of the Item must not violate the rights of any third party (including any intellectual property rights) and must not violate any local, national or international applicable law or regulation. The Item must be safe and cannot be counterfeit.

7.2 The Seller can sell their items through our Platform by publishing photographs of the Item they want to sell. When a User of the Platform purchases such Item, they become a Buyer. The Seller who has listed the Item may withdraw it or amend the price at any time before this point.

7.3 The Seller must complete the Platform form, which includes selecting a category and brand that most accurately represents the Item and uploading at least one good quality photograph. The description and photographs of the Item must reflect the actual quality and appearance of the Item, as well as any faults, defects or alterations affecting the Item. We do not allow imagery of any persons (children included) to be uploaded onto the Platform. 

7.4 When a Seller lists an Item in the Catalogue and the listing is published on the Platform, this constitutes an offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer.

7.5 In order to list an item for sale on dotte, you must use our third party payment processor Stripe, and register for a Stripe Connect account which will be linked to your dotte Account. You will be subject to the Stripe Connected Account Agreement and the Stripe Services Agreement.

7.6 Requesting, making or accepting payment for an item in any other way is a serious breach of the Terms of Service and may result in us suspending or terminating your access to the Platform.

7.7 Users may apply a “Holiday” mode to their Account. When the User has set their Account to Holiday mode, Items offered for sale by such User will be hidden from other Users.

7.8 Once an Item has been purchased by a Buyer, the Seller enters into an agreement with us for the provision of the dotte fee. The dotte fee is added to every purchase made using the “Buy now” button on the Platform. Please see here for more information about the fees we charge Sellers for using our Platform.

7.9 Any agreement for and/or purchase of an Item is made solely between the Buyer and the Seller. We may from time to time include functionality for suggesting more effective selling, such as discounting Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to an Item should be directed to the Seller. Where Users cannot resolve issues relating to a Transaction between themselves, we will attempt to help mediate such disputes through our Customer Care team.

7.10 We do not provide shipping services. The seller is responsible for the shipment of the Item to the Buyer. We may, at any time, add, suspend or remove shipping providers from the list of choices available to Users. Users are responsible for reviewing and agreeing with the terms and conditions of the shipping provider that they select. The Buyer will choose a shipping option during the Checkout process and the Seller must use this shipping option chosen by the Buyer, otherwise the Transaction will be cancelled. 

7.11 As soon as the Buyer has used the Buy now button, the transaction is initiated and the payment is captured and held by Stripe, our payment processor. The Seller will be notified by dotte to Accept or Decline the order. The Seller will have 7 calendar days to Accept or Decline the order. In the instance that they fail to respond, the initiated transaction will be cancelled and the captured payment will be reversed.  This will not appear on the Buyer’s bank statement as a refund because the payment was only captured not processed. If the Seller uses the Decline button, the initiated transaction will also  be cancelled and the captured payment will be reversed.  If the Seller uses the Accept button, they commit to shipping the Item to the shipping address given by the Buyer within a reasonable timeframe.

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8. Your content

8.1 We do not check or moderate any Content or Items before they are added to the Platform by Users. We reserve the right to moderate, edit, delist or remove from the Platform immediately, without prior notice, any Items or Content which: is obviously unlawful or contrary to applicable regulations (e.g. counterfeit Items); is contrary to good moral standards or public security;contains any imagery of persons or otherwise breaches these Terms. Users can report any listing which breaches these terms to our Customer Service team to review.

8.2 In publishing Items to our Platform, Sellers grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Platform or for any purpose in connection with the operation of our business.

8.3 Our right to use Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.

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9. Buying Items from the Platform

9.1 Buyers can buy Items on the Platform by using the “Buy now” button Both the Buyer and the Seller acknowledge that completion of the Checkout process by the Buyer creates a legally binding agreement between the Buyer and the Seller based on (i) the description and photographs of the Item, (ii) the conditions agreed upon between the Buyer and Seller and (iii) the relevant conditions included in these Terms. The Buyer undertakes to pay for the Item and the Seller undertakes to transfer ownership of the Item. For the avoidance of doubt, dotte is not a party to this agreement. 

9.2 The Seller undertakes to send the item tracked in order to qualify for the Customer Protection Scheme.

9 .3 Our 3rd party payment processor Stripe captures payments made using an Integrated Payment System and to store information relating to the credit cards, debit cards, and any other payment method offered on the Platform. In order to use the Integrated Payment System, the User will enter into a contract directly with Stripe, and the User will accept their terms and conditions. Users will be asked to confirm this during the Checkout process or if and when they choose to save their Payout details in their Account settings.

9.4 Payment of the Total Price can be made by credit or debit card or any other payment method that may be introduced on the Platform. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a User on the Platform, the User may be required to provide additional proof that a credit or debit card or other payment method does belong to a User.

9.5 The Total Price is captured by Stripe, our payment service provider, once a Transaction is initiated and as soon as the Buyer authorises the payment by using the Buy now button. Stripe captures these funds from the Buyer on behalf of the Seller and holds those funds until the Transaction is deemed complete. We, dotte, do not provide any payment processing services for Users. Users are solely responsible for the provision of accurate information associated with credit cards, debit cards, and any other payment method offered on the Platform and dotte hereby disclaims any responsibility and all liability for User-provided information to the full extent permitted by applicable law. 

9.6 The Shipping fees are set by the Seller and paid by the Buyer, in addition to the Item price. The applicable shipping fees will be clearly indicated to the Buyer before any purchase. They may vary from one order to the other, depending on factors such as parcel size, shipping provider and potential discounts. 

9.7 The Transaction is deemed as complete only after the Seller has used the “Accept” button after the Transaction is initiated and the Item has been received and is as described i.e. no dispute has been raised.

9.8 Once the Transaction is completed, the purchase price of the Item and also the shipping fee minus the dotte fee, will be held by Stripe until the 28th of every calendar month. The Seller will then receive the purchase price of the Item, and all other Items sold within the payment timeframe as outlined by us in the dotte FAQs.

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10.0 User Protection and Disputes

10.1.0 Buyer protection scheme: Under our Buyer Protection Schemes Buyers are guaranteed a full refund if: the Item doesn’t arrive, if the Item is significantly not as described (as deemed by us), or if the Item was not available at the time of the Buyer’s purchase (i.e. the Seller had sold it elsewhere but not removed the Item from the Catalogue).

10.1. 1 In order to be covered by our Buyer Protection Scheme, the Buyer must purchase children’s clothing via the Platform using the ‘Buy now’ button and report any issues to us within 90 days.

10.1.2 The Buyer is not covered by the Buyer Protection Scheme if: The Item was not purchased using the ‘Buy now’ or ‘Submit ORDER’ button on the Platform, the Item was not  made on the Platform (e.g. in person transactions), the Item does not adhere to our Platform listing rules i.e. the Item is no  children’s clothing or shoes or accessories (e.g. pushchairs or event tickets), the Item is not as expected, but are as described, the Item arrived later than expected, the Buyer changed their mind about the purchasing the Item, the Buyer has returned the item to the Seller without providing tracking information (and keeping proof of postage and delivery), the Item has been tampered with, washed, used, tested or modified in any way whatsoever by the Buyer

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10.2.0 Seller protection scheme: Under our Seller Protection Scheme, the Seller will be protected against any disputes or chargebacks. The Seller is  covered under dotte’s Seller Protection Scheme if the Seller: reports any issues to us within 90 days of the dispute being raised by the Buyer, lists and sells Items of children’s clothing, children’s shoes or children’s accessories via the Platform, has dispatched the order to the shipping address provided by the Buyer, has sent the Item using tracked postage that confirms the delivery to the Buyers address and can provide  proof of postage and delivery when requested, has dispatch the Item within 14 days of purchase, responds to us within any given timeframes, has described the Item accurately (including representative photos) but the buyer changed their mind.
10.2.1 The Seller is  not covered by our Seller Protection Scheme if they sold the Item outside of the Platform.

10.3 If the Seller or the Buyer reports an issue about an Item by contacting our Customer Care team, we will investigate the issue and make a final decision.

10.4 We reserve the right to process a refund of the total cost of the Item, inclusive of our fee, to the Buyer, if the Seller does not provide sufficient evidence and information in contrary to the Buyer dispute. This refund will be processed in accordance with our Privacy Policy, using our 3rd party payment processor Stripe. 

10.5 All final decisions made by us in relation to refunds and disputes will be final and binding.

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11. Messaging and interaction on the Platform

11.1 The exchange of Private Messages between Users is solely for the purpose of exchanging information between Users regarding the Items in the Catalogue. Messages should not contain spam, inappropriate language, harassment, or requests for information or imagery unrelated to the Items in the Catalogue. Users should not advertise competitive sites or propose or suggest that transactions are carried out away from the Platform. We reserve the right to monitor Private Messages and block or restrict messages and/or Users who do not comply with these rules.

11.2 Exchange of reviews. Once a Transaction has been completed, the Buyer and Seller can publish reviews about each other on the Platform. They will have 7 calendar days after the Transaction to leave a review. After this point, it is no longer possible to leave a review. No compensation is given to Users or to dotte in exchange for online reviews. A User’s review on another User must always be fair and honest. Lies and insults are forbidden. We do not check reviews prior to publication on the Platform by Users. If any review that has been published on the Platform is inappropriate or abusive or otherwise does not comply with these Terms, Users may report the review to our Customer Care team where it will be reviewed. Only Users may write and post reviews on the Platform. 

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12. Privacy

12.1 Please read our Privacy Policy which tells you, for example, how we use the information which you provide to us: our Privacy Policy.

12.2 Please read our Cookies Policy which tells you, for example, how we collect information about your computer, IP address and browser to record aggregate statistical information about visitors to our website, their use of our website and also how they use the internet through the use of cookies i.e. files which are held on your computer’s hard drive: our Cookies Policy.​

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13 Changes to our Platform

We are constantly updating and improving the Platform to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.

13.0 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Platform, or feature relating to the Platform. These changes to the Platform may affect your past activities on the Platform, features that you use and your User Content. Any changes to the Platform could involve services being deleted or reset.

13.1 You agree that a key characteristic of our Platform is that changes to the Platform will take place over time and this is an important basis on which we grant you access to the Platform. Once we have made changes to the Platform, your continued use of the Platform will show that you have accepted any changes to the Platform. You are always free to stop using the Platform or deactivate your Account.

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14. Changes to these Terms of Service

14.0 We may revise these Terms of Service from time to time. The revised Terms of Service will be accessible here.

14.1 Changes will usually occur because of new features being added to the Platform, changes in the law or where we need to clarify our position on something.

14.2 We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.

14.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

14.4 By continuing to use our Platform you will be deemed to have agreed to any changes which we make to the Terms, Privacy Policy and the Cookies Policy. We recommend, therefore, that you do review the Terms, Privacy Policy and the Cookies Policy on a regular basis.​

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15. Applicable law and jurisdiction - dispute resolution 

English law will apply to the Terms regardless where you are based. You irrevocably agree that the English courts will have exclusive jurisdiction to settle any dispute which may arise in connection with the Terms. For the avoidance of doubt, you irrevocably submit all disputes arising from the Terms to the exclusive jurisdiction of the English courts.

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