Terms of Service
(Effective as of January 1, 2024)

Welcome to Rewear by Malaika! We are Again Recommerce, Inc., (also known as, The Again Co.). We’ll refer to ourselves and our subsidiaries as “The Again Co.” or just “we”, “our”, or “us”. We operate this store on behalf of Malaika.

Every member of our community is expected to follow certain rules to ensure that our store remains safe, respectful, and fun. Those rules are outlined in this document, and the various other documents that are referenced below, which we’ll refer to collectively as the “Terms”.

These Terms form a legally binding contract between you and us. They set out your rights and responsibilities when you visit or use our store and the various other services we provide, which we’ll refer to collectively as our “Services”. Please read these Terms carefully. By using any of our Services, you’re agreeing to these Terms. If you don’t agree with these Terms, you may not use our Services.

Please note that Section 11 contains an arbitration clause and a class action waiver. By agreeing to these Terms, you agree to resolve all disputes by final and binding arbitration on an individual basis (and not on a class-wide or consolidated basis), and you are waiving your right to have those disputes decided by a judge or jury.

1. Your Privacy

Your privacy is important to us. Our Privacy Policy describes how your information is collected, used, shared, and otherwise processed when you use our Services. By using our Services, you agree that we can process, transfer, and store your information according to our Privacy Policy.

2. Your Account

You’ll need to register for an account to use our Services. There are a few rules that you have to follow in order to create (and keep) an account.

A. You must be at least 18 years old to use our Services. If you are 13 through 18 years old, you are permitted to use our Services through an account owned by your parent or legal guardian so long as you have their permission to do so and you are under their supervision when using the account. Children younger than 13 years are not allowed to use our Services. As the parent or legal guardian of a child younger than 18 you are fully responsible for all activity on your account by your child.

B. You must provide complete and accurate information about yourself when we request it. You agree to provide complete and honest information to us and our service providers, including when registering for an account with us or applying for an account with one of our service providers (such as our payments processor). You also agree not use false information or impersonate someone else through your account. You must promptly update your account information, if it changes.

C. In order to provide our Services, we need to share certain information about you. You agree that we may use your personal and transactional information and share it with our partners, Malaika, and sellers, in order to provide our Services to you. You recognize our legitimate interest in using your personal information, according to these Terms, to the extent necessary to provide our Services.

D. You must be legally permitted to set up your account. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to these Terms on behalf of that business. You may only set up one account.

E. You are responsible for your account. You are solely responsible for all activity in your account. If you provided someone else’s financial information in your account (such as credit card information when making a purchase), then the person whose financial information is used will ultimately be responsible for that activity. You may not transfer your account to another person or entity.

F. You must protect your account credentials. Please notify us immediately if you discover or suspect that someone has accessed your account without your permission.

3. Use of Our Services

A. Our Services are owned by us, and are protected under US and international laws. Except as expressly stated in these Terms, all rights in, and to, the Services are reserved by us. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to these Terms and the rules outlined below.

B. Don’t use our Services to break the law. You agree that you will not violate any laws while using our Services, including any local, state, federal, and international laws that apply to you. This includes not engaging in fraud, theft, anti-competitive behavior, threatening conduct, or any other unlawful acts against us, our community, or a third party.

C. Don’t steal from us or from third parties. You agree not to crawl, scrape, spider, extract, or harvest any part of our Services, reverse engineer our Services, attempt to obtain the source code of our Services, or attempt to bypass measures we employ to prevent or limit access to any part of our Services. You also agree not to copy, reproduce, distribute, publicly perform, or publicly display any portion of our Services, including our content or content that belongs to third parties (including trademarks and copyrighted works).

D. Don’t try to harm us. You agree to use our Services solely for their intended purposes and not in any manner that could interfere with, disrupt, or negatively affect others from enjoying our Services. This includes not engaging in any behavior that could damage, disable, overburden, or impair the functioning of our Services or any networks connected to our Services.

E. Don’t use our trademarks without permission. The names “The Again Co.” and “Again Recommerce”, and the other marks, phrases, logos, and designs that we use in connection with our Services (collectively referred to as “Our Marks”) are trademarks, service marks, or trade dress of The Again Co. Our Marks may not be copied, imitated, or used in any manner without our prior written permission. All other trademarks, service marks, product names, company names, and company logos displayed on our Services are the property of their respective owners. The appearance of third-party marks, product or company names, or logos does not constitute or imply our endorsement, sponsorship, or recommendation.

F. Be a nice person. You agree that you will not engage in harassing, threatening, intimidating, hateful, predatory, or stalking conduct. We have a zero tolerance policy towards such behavior. If you’re found to be engaging in this kind of behavior, we will close your account.

G. Pay what you owe us and others. You agree to pay all undisputed fees that you owe to us (such as fees for selling through our Services), as well as any undisputed fees that you owe to other members of our community (such as fees for buying items through our Services).

H. We may use your feedback. We love feedback and suggestions for making our Services better. Any ideas, comments, suggestions, or feedback about us or our Services that you submit to us (excluding Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those materials for any purpose, without compensation to you.

4. Your Content

A. Content that you post using our Services (such as photos or videos you upload and listing descriptions your write) belongs to you. We’ll refer to that content as “Your Content”. Except for the license you grant to us described below, you retain all rights in Your Content, and we don’t make any claim to it. Although we have no obligation to screen, edit, or monitor Your Content, we may delete or remove any portion of Your Content at any time and for any reason without notice.

B. Your Content is your responsibility. You agree that you are solely responsible for Your Content. You represent that you have all the necessary rights to Your Content, and that you’re not infringing or violating any third party’s rights by posting it or by granting us the license below. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling or removing the infringing content. If you are found to be a repeat infringer, we will close your account.

C. You grant us certain rights to use Your Content. By posting Your Content, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, store, and display in any format and through any channel, including across our Services, our partners, and third-party websites or advertising mediums. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using Your Content, according to these Terms, to the extent Your Content contains any personal information.

D. You may not post inappropriate, false, or misleading content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, hateful, or otherwise offensive or in violation of these Terms. You also agree not to post any content that is false or misleading, or that uses our Services in a manner that is fraudulent or deceptive.

5. Shopping in Our Store

A. Our store features products sold by Malaika and third parties. While we facilitate the transaction between a shopper and a seller, we are not part of that transaction. When you make a purchase in our store, you are buying directly from Malaika. or the third party that listed that item for sale, and not from us. We may not review listings, and we therefore do not guarantee or endorse any of the items listed for sale in our store. However, we are here to help address any violation of our policies, and to help resolve concerns. Each listing will identify the seller.

B. Items cannot be returned. All purchases are final, and cannot be returned. However, purchases from third parties (but not those from Malaika) are subject to our Purchase Protection Program, and a refund may be issued in accordance with the terms of that program.

C. If your order was never shipped or delivered, we will automatically issue you a refund. If your order does not ship within the timeframe specified in our shipping policy, or we discover that the shipment was lost in transit, we will automatically cancel your order and issue you a refund.

D. We offer a Purchase Protection Program for purchases made from third parties. Our Purchase Protection program is designed to ensure that you get what you purchased. In the event that you run into an issue with your purchase from a third party, we will step in to help resolve it as best we can, which may include cancelling your order issuing you a refund. If you wish to file a claim, you must do so by rejecting the item in question within two (2) days after it is delivered. If you do not reject the item within that time, the item will be automatically accepted and your right to reject it will be forfeited. The option to reject the order can be found in the purchase history section of your account or in the delivery confirmation email that you will receive. You will be required to provide supporting information to file the claim – please be as clear and thorough as possible. Your claim must be based on one of the following reasons:

The item you received is not as described in the listing (for example, it is the wrong size or color, or in a poorer condition than described in the listing);
The item you received is different from the one described in the listing (for example, you ordered a shirt but received pants);
The item you received was damaged during transit; or
The item you received is not authentic.

The information you provide to us will be shared with the seller. The seller will have two (2) days to respond. The seller’s response will be shared with you. If the seller does not respond in time, your claim will be automatically decided in your favor.

If we decide in your favor, you will receive a full refund of the purchase price, including taxes and shipping. As a condition to receiving your refund though, you must ship the item back to the seller within two (2) days after we issue our decision. At that time, we will provide you with a pre-paid shipping label – you must use this shipping label when shipping the item. When the item is delivered to the seller (we’ll track it), your refund will be issued. If you do not ship the item on time, our decision will be reversed and you will forfeit your refund. If, however, we decide in favor of the seller, the sale will remain in place and you will not receive a refund.

Items that are altered, used, or damaged after being received, or that were purchased through a method other than our checkout system, are not eligible for our Shopper Protection Program.

6. Selling in Our Store

Our store allows you to resell your pre-owned Malaika products to buyers in the U.S. We want to make sure that everyone has a positive experience, which is why we created certain rules that you must follow in order to sell in our store.

A. You must abide by our rules regarding what may be sold in our store. You may only list or sell authentic Malaika products that you lawfully own. No third-party products are allowed. The photos and videos you upload must be your own – no stock media, renderings, or photos or videos taken by other sellers or sites are allowed. You must honestly and accurately describe the product you are selling. By listing a product for sale in our store you understand and agree that you are responsible for complying with all applicable laws and regulations. We assume no responsibility for the accuracy, labeling, or content of your listings. Even if your listing otherwise meets our rules, you may not list any item that is listed below (we call this list our “Prohibited Items List”):

Alcohol, tobacco, drugs, drug paraphernalia, or medical drugs
Counterfeit or replica items
Items that are not manufactured or sold by Malaika
Items that pose health and safety concerns, dangerous items, hazardous materials, recalled items, or weapons
Items that promote, support, or glorify hate or violence
Items that are illegal, or that promote or encourage illegal activity
Items that are intangible, digital in nature (such as NFTs), services, advertising, or solicitations
Items intended for adult use, or that contain explicit sexual content
Animals, animal products, or human or animal remains

Keep in mind that we may remove any listing that violates our rules, policies, or these Terms. We also reserve the right to take additional action as we deem necessary for severe or repeat offenses.

B. You must maintain an account with our payment processor. We partnered with Stripe to facilitate payment processing, disbursement of funds to sellers, and compliance with various regulations. If you don’t already have a Stripe account, you must sign up for one through Stripe. By signing up, you enter into an agreement with Stripe. We are not a party to that agreement, and are therefore not responsible for the services provided by Stripe. You must provide all required information truthfully and completely, and complete all the required steps for compliance purposes. You must keep all of your information current. We may share your personal or transactional information with Stripe for purposes related to payments processing and regulatory compliance. Stripe must accept your application before you can receive sales proceeds through our Services. If Stripe rejects your application, or if you don’t enroll for a Stripe account within 60 days after completion of your first sale, then you may forfeit your right to receive payment. If we receive notice that Your Content or activity in our community violates Stripe’s service agreement, we may at our sole discretion take action against your account to comply with Stripe’s policies. Such actions may include canceling a transaction, disabling a listing, or suspending or terminating your selling privileges.

C. You agree to ship your items promptly and safely. We allow you to sell items anywhere in the United States. Buyers are required to pay for shipping. When you make a sale, we will send you a prepaid US Postal Service shipping label – you must use this shipping label. You must ship your item within three (3) business days (i.e., Monday - Friday, excluding US holidays) of the sale, though we may allow for additional time when we believe the situation warrants doing so. Failure to ship the item on time may result in the cancellation of the sale. Packages can only be shipped via the US Postal Service. Pack the item securely in the smallest box possible — the more it moves, the more likely it is to break. Don’t use boxes marked for another carriers (such as UPS or FedEx) because the US Postal Service may reject the package. Make sure to seal the box securely so it doesn’t open during transit. You must comply with all applicable US Postal Service shipping regulations and other applicable shipping laws.

D. You will get paid once the buyer accepts delivery. A sale is considered completed when the buyer accepts the delivered item. At that point, your account will be credited for your sale proceeds less our transaction fee. Buyers have two (2) days to accept delivery. A delivery will be deemed accepted if the buyer does not accept (or reject) it within that timeframe. If the buyer rejects delivery, we will step in to help resolve the issue to the best of our ability in accordance with our Shopper Protection Program. You may transfer your sales proceeds to your bank account account at any time after they are credited to the bank account that you specify in your account. Alternatively, you may redeem your proceeds in the form of Malaika credits, which can be used to purchase new products directly from Malaika. If you choose to redeem your account balance as a gift card, we will email you a gift card equal to your account balance plus any bonus offered by Malaika. This gift card can be used when checking out of Malaika’s e-commerce store. Keep this gift card safe. We are not responsible for lost or stolen gift card, and we cannot issue a replacement gift card.

E. You must help us resolve disputes with buyers in good faith. A buyers may reject delivery of your item within two (2) days of delivery in accordance to our Shopper Protection Program. If that happens, the buyer is required to provide documentation to support the claim. We will provide you with that information and ask for your response. You must respond to our request within two (2) days. Once we receive your response, we will make a final determination as to claim. If we decide in your favor, the sale will be allowed to stand and the proceeds form the sale (less our fee) will be credited to your account. If we decide in favor of the buyer, or if you fail to respond to our request for your response on time, we will cancel the sale and issue the buyer a refund. However, as a condition to receiving the refund, the buyer must ship the item back to you using a pre-paid shipping label that we will provide. The cost of the shipping will be charged to you. We reserve the right to refund buyers and recoup such refunded amounts from you when we determine that a dispute should be resolved in favor of a buyer.

F. You agree to pay us a transaction fee. When you make a sale in our store, you will be charged a transaction fee, which will be the fee in place at the time you listed your item for sale. Currently, that transaction fee is equal to the greater of $2.49 or 20% of sale subtotal (excluding tax and shipping). The transaction fee covers our cost for operating the store, facilitating the payment collection on your behalf, managing sales taxes on your behalf (if applicable), disbursing your proceeds to you, and insuring each of your shipments for $50.00. Transaction fees are automatically deducted from your sales proceeds. A summary of your earnings and fees is available in your account.

G. You are responsible for collecting and paying any taxes applicable to your sales. However, if we determine that we have a legal obligation to collect and pay taxes on your behalf in a given state, we will do so based on the buyer’s location in the United States.

H. You are responsible for reporting your income to the applicable tax authority. Where legally required, we will report your personal details and details of your transactions to relevant governmental authorities. Internal Revenue Service regulations require that we file a Form 1099-K to report unadjusted annual gross sales information for sellers located in the United States. An electronic copy of your filed Form 1099-K will be available in your account by the required deadline set by the Internal Revenue Service.

I. You are responsible for protecting the personal information that you receive. As part of completing a sale in our store you will receive the buyer’s personal information including the buyer’s name, addresses, and telephone number. You must keep this information private and secure, and you must comply with all applicable legal requirements regarding personal information. The information you receive may only be used to complete sales made through our store. You may not use the information for any other purpose without the buyer’s express consent, including, adding the information to your email or physical mailing lists, using the buyer’s identity for marketing, or obtaining or retaining any payment information. If we are sued, fined, or otherwise made to incur expenses because of your misuse of this information, you agree to indemnity us for those expenses.

J. From time to time, we may impose limits on your ability to sell through our Services. As a security measure, we may impose limits relating to the value of any transaction or the cumulative value of all transactions in a given period. We may also impose limits relating to the number of transactions in a given period. We will not be liable to you if: (i) we do not proceed with a transaction that would exceed any limit we set; or (ii) if we permit a buyer to cancel a transaction. We reserve the right to decline or refund transactions that we believe to be high risk, fraudulent, in violation of trade sanctions, result from our determination in favor of a buyer’s claim against you, or violate these Terms.

K. We may earn interest (or other compensation) from the balances in our bank accounts. These balances results from timing differences between our receiving payment from buyers and sellers redeeming their proceeds. You will not be entitled to receive any interest (or other compensation) on any account balance you hold with us.

7. Suspension and Termination

A. You may terminate your account at any time. You may do so from your account. When you terminate your account, Your Content will be automatically removed from the Services. However, purchases or sales that were made prior to the termination must still be completed, and all of the fees associated with those transactions (including our fees and fees owed to sellers) will remain due and must be paid.

B. We may suspend or terminate your account. If we have reason to believe that you, Your Content, or your use of our Services violates these Terms, we may suspend or terminate your account. We will try to notify you that your account has been suspended or terminated, unless we are legally prohibited from doing so, or you’ve repeatedly violated these Terms. If your account is suspended or terminated, you will no longer have the right to continue to use our Services. As we mentioned above, if your account is terminated, you may lose Your Content, and any obligations relating to sales and purchases made prior to the termination must be fulfilled.

C. We may discontinue providing our Services. We reserve the right to change, suspend, or discontinue as part of our Services at any time and for any reason. We will not be liable to you for the effect that any changes to our Services may have on you, including your income or your ability to generate revenue from our Services.

D. These Terms will remain in effect after your access to the Service is terminated or your use of the Services ends.

8. Assumption of Risk

A. We do not store or inspect any of the items sold through our Services. We cannot and do not make any warranties about the quality, safety, or authenticity of the items being sold in our store. Any legal claim related to an item you purchase must be made directly against the seller of the item. You release us from any claims, demands, and damages related to items purchased through our Services, including for defective items, misrepresentations by sellers, or items that caused injury.

B. We do not review listings. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted to the Services, and are not responsible for the accuracy, legality, or decency of content that you access through the Services. You release us from all liability relating to that content.

C. We do not screen members of our community. You may use the Services to interact with other individuals online. However, you understand that we do not investigate, verify, or otherwise screen individuals using our Services other than to meet certain compliance and legal obligations. You release us from all liability relating to your interactions with other users.

D. Our Services may contain links to third-party websites or services that we don’t own or control. You may need to use a third party’s product or service in order to use some features of our Services. These third parties may require that you accept their terms of service. Those agreements are between you and that third party. We are not a party to those agreements. When you access those third-party services, you do so at your own risk.

9. Disclaimer and Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE, NOR OUR EMPLOYEES OR DIRECTORS, SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE SERVICES OR THESE TERMS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

If we get sued by a third party because of something that you did, you agree to defend, indemnify, and hold us (and our employees and directors) harmless from any claim, demand, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) that arise from your actions, your use of our Services, your breach of the Terms, or your infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us.

11. Disputes with Us

If you have a dispute with us, you agree to first contact us at legal@theagain.co so we can work together to resolve the dispute informally. If we can’t, then you agree that any dispute or claim relating to these Terms will be settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with the AAA Rules. Judgement on the arbitration award may be entered in any court that has jurisdiction.

Arbitrations may be filed where you reside, or in Santa Clara County, California. Any in-person hearings will be held at a location that is reasonably convenient for both parties. Arbitrations for disputes alleging damages of less than $10,000 may be conducted telephonically or via video conference.

Any arbitration under these Terms will take place on an individual basis. You understand that by agreeing to these Terms, we are each waiving the right to trial by jury or to participate in a class action lawsuit. Notwithstanding the foregoing, each of us has the right to bring an action in a court of proper jurisdiction for injunctive or other equitable relief, pending a final decision by the arbitrator. You may assert your claim in small claims court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

We each agree that for any arbitration that you initiate, you will pay the filing fee and we will pay the remaining AAA fees and costs, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For any arbitration that we initiate, will pay the filing fee as well as the remaining AAA fees and costs.

Any claim arising out of, or related to, these Terms or our Services must be filed within one (1) year after that claim arose; otherwise, the claim is permanently barred.

If we make any changes to this section after the date you last accepted the Terms, those changes will not apply to any claims initiated prior to the date the changes became effective. However, new claims made after the date the changes became effective will be subject to those changes.

12. Miscellaneous

A. These Terms are governed by the laws of the State of California, without regard to its conflicts of laws rules. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state courts sitting in Santa Clara County, California, or the federal courts of the United States sitting in San Francisco County, California.

B. We may modify these terms from time to time. If we believe that the changes are material, we will provide you with notice of such changes, which may include sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Changes will be effective upon posting, unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

C. You may request that your content be removed. If content that you own or have rights to has been posted to our Services without your permission and you want it removed, please notify us promptly at legal@theagain.co. Your notice must include all of the information specified in 17 U.S.C §512(c)(3).

D. A few more legal terms. If any portion of these Terms is unlawful, void, or unenforceable, that portion is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for your and our benefit, and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and us. These Terms (including all of the policies that make up the Terms) supersede any other agreement between you and us regarding the Services. We may assign any of our rights and obligations under the Terms. If you have questions about these Terms, please email us at legal@theagain.co.

Terms of Service (Effective as of January 1, 2024)