Last Updated: January 21, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.

A la Second is a dancewear resale marketplace, offering a convenient option for shopping and selling quality secondhand women’s, men’s and children’s dancewear. The following Terms and conditions constitute a legally binding agreement (the “Terms”) between you A la Second AB and its affiliates governing your use of our website(s). You also agree to accept our Seller Terms and Privacy Policy, which describes how we use the information you provide A la Second. The Seller Terms and Privacy Policy are both incorporated into these Terms and Conditions

Please read these terms carefully. By creating an account, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) . If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any products.

These Terms govern how claims you and A la Second have against each other can be brought and will require you to submit claims you have against A la Second  to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.

CHANGES

We may revise these Terms, our Privacy Policy, our policies, and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to these Terms and Privacy Policy as revised. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. Any changes or modifications to our Services and/or policies including but not limited to, Terms and  Conditions, Privacy Policy, Seller Terms, will be effective upon posting of the revisions. Your continued use of the Services after the date of any such changes or modifications will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions.

PRIVACY AND DATA RETENTION

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.

A la Second will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, A la Second will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. A la Second reserves the right at all times to disclose any information as A la Second deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

LICENSE GRANT

A la Second operates one or more websites and where the Services can be accessed (collectively, the “Website”). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed by the Company. Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in these Terms and Conditions. You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website.

ACCOUNT REGISTRATION

In order to use the Services, you must register an account with A la Second directly or through an authorized third party service. By enabling this access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your account. You can revoke our access by disconnecting your account via your A la Second account.

If you choose to register an account with the Services, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.

You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. A la Second reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.

SELLER TERMS

Please see our Seller Terms for more information on our Seller Services – including, but not limited to, Clean Out Bags and Payouts.

PURCHASES AND PRICING

In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, A la Second will store and update (e.g. upon expiration) your payment method on file. If you choose to use a third party payment service offered by A la Second, such as PayPal, you are subject to their terms of use and privacy policies.

Our inventory availability and listing prices are subject to change at any time without notice. In order to maximize the selection of items available for sale, A la Second reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, A la Second reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.

Except as otherwise stated, the risk of loss for all products you order passes to you upon our delivery to the carrier (Postnord).

For additional information on transactions and pricing, please contact us on contact@alaseond.com.

STRIPE

Credit card and A la Second Balance payments are processed via the electronic payment system Stripe.

When using Stripe, a separate contract is concluded between the user and Stripe in accordance with the Stripe Terms. By agreeing to these terms and conditions, the user automatically agrees to the former conditions as well as Stripe’s Privacy Policy that applies to processing of data collected by Stripe in for purpose of processing payments on the Site. Please visit www.stripe.com in order to access all applicable conditions.

When using our payment services, you agree with our provider’s conditions and terms. We shall not be liable for the acts or omissions of such third party payment service provider. You shall be solely responsible for the transmission of information connected to your credit or debit card and we hereby exclude all liability to the extent permitted by law.

Please note that additional terms may apply. Additional information such as full name, date of birth and billing address may be required among other things for a payout.

RETURN AND REFUND POLICY

A la Second does not accept return shipment if the item doesn’t fit.
If the item got damaged during the shipping process, clear pictures of the damaged good as well as its’ packaging will be asked.

You have 10 days after receiving your order to decide if you want to keep or return your damaged items. Returned items will be credited back to you for the full amount of the purchase price in the refund method you choose. If you choose to receive a refund in your original form of payment, a return shipping fee will be deducted from your refund amount.. Original shipping charges will not be credited or refunded when returning items.

PRODUCT DESCRIPTIONS

While we attempt to be as accurate as possible, A la Second does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate.

AUTHENTICITY

A la Second prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. A la Second authentication process is in-house and independent and if A la Second cannot verify the authenticity of an item from the “Seller’s form” or it does not meet the authenticity standard, it will not be listed regardless of its condition and A la Second reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws.

Brands sold on the Website are not partnered or affiliated with A la Second in any manner. However, A la Second fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.

TRADEMARK NOTICE

Please note that A la Second is an independent reseller of like-new clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third party brand names and logos used in any commercial context by A la Second are trademarks and/or registered trademarks of their respective holders. Any such appearance does not imply any affiliation with or endorsement of A la Second.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by A la Second you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of A la Second, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including the Software). Any rights not expressly granted herein are reserved by A la Second.

FEEDBACK AND USER CONTENT

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. A la Second reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of A la Second if A la Second should choose to use the User Content. A la Second shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If A la Second does include your User Content, or any part thereof, you are deemed to have granted A la Second a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.

You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify A la Second, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company’s use of your User Content.

You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify A la Second for all claims resulting from User Content you supply. A la Second has the right but not the obligation to monitor and edit or remove any activity or User Content. A la Second takes no responsibility and assumes no liability for any User Content posted by you or any third party. A la Second, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.

A la Second reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. A la Second, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the A la Second, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by A la Second. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.

ELECTRONIC COMMUNICATIONS

By creating an account, you agree that you may receive communications from A la Second including, but not limited to, newsletters, promotions, special offers, account reminders and updates.

When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You also understand that you can remove yourself from these communications by unsubscribing to your account.

RIGHT TO ACCESS

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. For example, A la Second does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE.

RESTRICTED ACTIVITIES

With respect to your use of the Services and Website, you agree that you will not:

1. impersonate any person or entity;
2. stalk, threaten, or otherwise harass any person, or carry any weapons;
3. violate any law, statute, rule, permit, ordinance or regulation;
4. interfere with or disrupt the Services;
5. post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
6. use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
8. “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
9. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
10. rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
11. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
12. link directly or indirectly to any other websites;
13. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
14. cause any third party to engage in the restricted activities above;
15. use the Website and Services for any unlawful purposes;
16. sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
17. collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section “Communications and Other Content”];
18. adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
19. download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
20. use any meta tags or any other “hidden text” utilizing A la Second name or trademarks or any third party’s name or trademarks without the express written consent of A la Second or the applicable third party.
21. publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
22. collude against another person in restraint of trade and competition;
23. create a hyperlink to the Website, or any page of the Website, without A la Second’s express written consent; or
24. imply affiliation with or endorsement or sponsorship by A la Second or cause confusion, mistake, or deception in connection therewith.

LIMITATION OF LIABILITY AND DISCLAIMER

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY A LA SECOND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. A LA SECOND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, A LA SECOND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. A LA SECOND DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES,A LA SECOND’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM A LA SECOND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

A LA SECOND IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.

You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.

DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

INFORMAL DISPUTE RESOLUTION

In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by contacting us on contact@alasecond.com.

If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

1. A la Second AB

c.o Camille Chanial

Jungfrugatan 48

114 44

Stockholm

Sweden

2. Or to you at: your last-used billing address or the billing and/or shipping address in your online profile.

You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

ARBITRATION AGREEMENT

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and A la Second expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. A la Second will provide such notice by email to your email address on file with A la Second and you must provide such notice by email to contact@alaesond.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Dispute. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. 

All aspects of any arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS

All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and A la Second agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and A la Second hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

TERMINATION

With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or A la Second. You agree that A la Second, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. A la Second may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that thredUP may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that A la Second shall not be liable to you or any third-party for any termination of your access to the Services.

A la second may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (A la Second, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which the A la Second may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to A la Second.

A la Second reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. A la Second may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day A la Second places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.

GENERAL INFORMATION

Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to A la Second during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

These Terms along with our Privacy Policy collectively set forth the entire understanding and agreement between you and A la Second with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or subsequent to these Terms, or are signed or acknowledged by any member of the Company parties.

If A la Second takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, A la Second shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.

To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.

QUESTIONS?

If you have questions about these Terms or the Services, please contact us on contact@alasecond.com