1. What is Rebake?
1.1. Who we are. We are Rebake ("we", "us" or "our"), registered under number 14975916 with the Registrar of Companies in the United Kingdom.
1.2. What we do. Rebake operates an online peer-to-peer resale marketplace for bakeware as an intermediary that allows Sellers to list and sell their items to Buyers using our mobile application("App") or website “www.rebake.co” . The App and the Website together constitute the online “Marketplace” and the services we will provide to you (the "Services")
1.3. Our Terms. The following terms and conditions and other requirements posted on our App and Website constitute the terms on which we provide the Services and our App and/or Website to you as a Seller or a Buyer, whether as a guest or a registered user (collectively "Terms") :
1.4.Acceptance of our Terms. By using our Services and the App and/or Website you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use our Services or the App or Website. Please read the Terms carefully before using our Services and the App or Website.
1.5. These Terms may be unilaterally changed by Rebake at any time. The amendments will not apply retroactively and will not affect any transactions that have been previously made on the Marketplace. If we do make changes, we will place a notice on our Website and App. You should check our Terms often to stay informed of any changes that may affect you. Your continued use of the Website and/or App and/or Services after we change the Terms constitutes your acceptance of the changes. If you do not agree to any of the changes, you must cancel your account and not use any portion of the Services.
1.6. WWho may use our Services. The Services are intended for use only by persons who are at least 18 years of age and are based in the United Kingdom. By using the Services you confirm that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Services. Parents/Guardians who grant permission to minor children to make use of the Services take full responsibility for the minor’s use of the Services and acknowledge that the Services are not intended for persons under the age of 18.
1.7. Rebake facilitates resale between users. Rebake provides the Marketplace to allow Sellers and Buyers to conclude sales directly by and between each other. Rebake does not monitor the quality of the items made available for resale and is not involved in the setting of prices – these are set entirely at the Seller'sdiscretion. The contract is formed on acceptance of sale on the Marketplace and is solely between the Seller and the Buyer.
1.8. Rebake is not a party to the contractual agreement between Sellers and Buyers. Except where Rebake is acting as a payment collect agent on behalf of the Seller, we do not act as an agent for either the Buyer or the Seller in any other capacity
2. Setting up your account and using the Services
2.1.Account creation. Both Sellers and Buyers must create an account to sell items on Rebake, by providing certain information such as name, contact details and billing information. We may also require additional forms of identification in order to verify your identity. You must provide accurate details about yourself when you create an account and not use any false details.
2.2. Passwords. You will be required to create a password for your account. You are responsible for maintaining the confidentiality of your account details (including passwords) and for any activities that occur under your account. If you have any concerns that your account has been misused or that your password has been compromised, please contact us at help@rebake.co straight away. You may be held liable for losses incurred by us or any other person due to another person using your account or password. You may not use other user's account or password at any time without the express permission and consent of the holder of that account or password.
2.3. Account deactivation. You may deactivate your account at any time by emailing help@rebake.co and requesting that your account be deactivated. Please include "account deactivation" in the subject line of the email.
3. Your right to use the Service and your content
3.1. SService content ownership. The materials and content comprising the Services excluding any Third-Party Materials and User Content (as defined below) belong to us or our third-party licensors and you agree that you have no rights in the Website, the App or any portion of the Service other than the right to use and access the Service in accordance with these Terms.
3.2. Unless expressly permitted by us, you agree:
(a) not to copy, or attempt to copy the Website, the App or any other portion of the Service;
(b) not to give or sell or otherwise make available the Website, the App or any other portion of the Service to anybody else;
(c) not to change, edit, modify or attempt to change, edit or modify the Website, the App or any other portion of the Service in any way;
(d) not to look for or access the underlying code of the Website or any other portion of the Service that we have not expressly published publicly for general use.
(e) not use any automated device, software, process or means to access, retrieve, scrape or index any portion of our Site or its content. Or otherwise engage in any scraping, data mining, gathering or extraction methods on our site.
3.3. In the event that the Website or the App include technical inaccuracies or typographical errors, we shall have no liability in connection with any such inaccuracies or errors, nor shall we have any obligation to identify and/or correct any such inaccuracies or errors.
3.4. Third-party links. If any links to third-party websites are provided, (“Linked Websites”), Rebake does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Rebake disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites.
3.5. Third-party materials. If any information or material on the Services is provided by third-party content providers (“Third-Party Materials”), Rebake has no editorial control or responsibility over such Third-Party Materials. Any opinions, statements, items, services or other Third-Party Materials are those of the applicable third party and we have no liability for such.
3.6. Third-party download terms. Where you download the App via the Apple app store ("Apple App Store") or via Google's Google Play ("Google Play"), you will be subject to the specific Apple App Store or Google Play terms (as applicable), governing your use of the Apple App Store or Google Play.
3.7. Uploading User Content. You confirm that any images, text or information that you upload to the Rebake Service, including any reviews that you post about other users or items (collectively, the "User Content") will meet Acceptable Use.
3.8. Ownership of User Content. Rebake does not claim ownership of your User Content, and ownership will remain with you and any third party whose content you upload to the Service. You grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Service (including allowing all users of the Service to view and use your User Content).
3.9. Rebake's licence to use User Content. You are solely responsible for ensuring that you have the necessary rights in all User Content to allow Rebake to use the User Content in accordance with section 3.8 above and shall be solely liable if any of your User Content violates or infringes the intellectual property or privacy rights of any third party.
3.10. We may monitor any User Content. We have the right to reject, refuse or delete any User or User Content at our sole discretion where we think that it breaks any provisions of our Acceptable Use Policy.
4. Seller specific terms
4.1. Item descriptions. All items must conform to any descriptions provided by you and you are responsible for ensuring that all items listed by you are fit for purpose and safe to use. Any damage to the item should be listed in the listing description and/or pictured in the item images.
4.2.Listing an item. Once your account is set up the Seller may begin to list items for resale. The Seller is fully responsible for ensuring that all information provided about an item is accurate. When the Seller submits a new listing, Rebake shall approve the category and the placing of the listing on the App and/or Website. Once approved, the listing shall appear on the Marketplace and shall enable the Seller to accept sale requests from Buyers and monitor payments. The Seller acknowledges and agrees that Rebake does not verify any listings (including price, quality, accuracy or fitness for purpose) and only checks a listing to ensure that it is placed in the correct category on the Website and/or App. Listed items shall appear on our Website and/or App and will be available to all Buyers to purchase.
4.3. Item images. Rebake requests that the Seller provide images of items that The Seller wishes to sell on the Service. All images must be the Seller’s and not infringe the intellectual property or privacy rights of any person. Sellers cannot use photographs found on the Internet and/or photos of a similar Item. The description and photographs of the Item must reflect the actual quality and external appearance of the Item, as well as any faults, defects or alterations affecting the Item. Rebake shall upload the images provided 'as is' and shall not have any responsibility or liability in respect of the images provided. Rebake have full discretion to showcase listings on the Website and/or App as it sees fit and based on its own internal algorithms. Rebake shall not have any responsibility or liability for the position of listings on the Website and/or App.
4.4. Modified listings. The Seller who has listed the Item may withdraw it or amend the price at any time, before entering into contract with a Buyer for the sale of the Item.
4.5. Repeat cancellations. Rebake reserves the right to "pause" accounts due to inactivity or repeated cancelled orders. In the event that the Seller wish to resume the account, the Seller can contact help@rebake.co
4.6. Seller's responsibilities. The Seller is responsible for ensuring that:
4.7.The Seller is responsible for setting the terms on which to sell an item to a Buyer ("Policy"). The Policy must include specific details relating to the item and also general details of sale, including the following:
4.8. Compliance with listing guidelines. Where the Rebake team determines that the Seller has not abided by the listing guidelines (including but not limited to inaccurate product description), the Seller shall receive a strike. In the event that a Seller has 3 strikes, the Seller may be barred from selling on the app.
4.9. Terms of sale. Once you have agreed the terms on which you will sell an item to a Buyer, the Seller must not amend those terms (including the Fee), unless the Buyer agrees in writing to those amended terms.
4.10. Holiday mode. Sellers may apply a “Holiday” mode to their Account by changing the relevant settings in their Account. When the Seller has set their Account to Holiday mode, items offered for sale by such Seller will be hidden from Buyers.
5. Postage
5.1. Postage. Rebake does not directly provide shipping services. However, Rebake facilitates shipping for users via Royal Mail. Buyers pay the shipping costs at checkout and Rebake buys the shipping labels and sends to the Seller. The sender will be liable to the other party for any loss or damage to items that occurred during postage (except where the Buyer is return shipping to the Seller further to clause 4.7(d)(a), in which circumstance liability during postage is with the Seller). Rebake is not liable for any such loss or damage.
5.2. Tracking. Rebake utilises Royal Mail's 48-hour tracked delivery service. In the event that the Buyer or Seller does not utilise Royal Mail's 48-hour tracked delivery service, Rebake may not be able to assist in resolving any disputes related to the sale.
5.3. The Seller is responsible for providing the Buyer with the tracking number once the item has been dropped off for shipping at the post office. Once tracking is provided, the recipient is responsible for being available for delivery on the expected delivery date. If the tracking information is not provided, Rebake may assume the item has not been sent, and the applicable fees may be chargeable.
6. Fees and payouts
6.1 .Sale Fees. The fees for sale of an item will be set out on the relevant listing page. Payouts are processed through Stripe and will also be subject to the Stripe terms and conditions of use.
6.2. If you are a Seller.
6.3.If you are a Buyer, Rebake applies a 10% service fee to the subtotal at checkout.
6.4.Right to charge payment method. If you fail to pay any applicable fees on time, Rebake shall be entitled to take payment from you via Stripe, if you do not respond to any relevant/related communication in respect of the due payment.
6.5. Tax. If you are a Seller, you are responsible for determining and fulfilling your obligations under applicable HMRC laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, including income or other taxes.
6.6. We may suspend access to the Services if any amounts remain unpaid. If, for whatever reason, we are unable to obtain payment from you and still have not received payment within 7 days after notifying you of the payment failure, Rebake may, in its sole discretion, suspend or temporarily disable all or part of your access to the Services (without any responsibility to you), and we shall be under no obligation to provide any or all of the Service while the amount concerned remains unpaid. This does not affect any other rights and remedies available to us or the other party by law. If you chargeback a payment that you were required to pay under these Terms, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.
6.7. Promotions and prizes. Any discount codes, prizes or other promotional considerations can be used on any relevant order and shall be applied to the final fee or purchase price. Any promotional considerations or prize draws may be subject to applicable terms and conditions.
6.8. Credit. If you are entitled to a refund for any reason, you have the option of receiving a full refund or you can receive credit on account which can then be put towards the purchase of another item on the Service.
7. Interaction and Messages
7.1 Private messages. The exchange of Private Messages between Users is solely for the purpose of exchanging information between Users regarding the Items for sale through the Service. If a User sends Private Messages to another User, he/she must ensure that he/she does not send:
7.2 Rebake may use automated software and algorithms to detect the content of Private Messages that are contrary to good moral standards and public security, or that indicate fraudulent behaviour. If the automated software detects any such content in a Private Message, without limiting other remedies available to Rebake,
7.3. Rebake’s use of such automated software shall not be interpreted as an undertaking to monitor, or an obligation to actively search for unlawful activities and/or content on the Service and, to the extent permitted by applicable laws, does not give rise to any liability for Rebake.
7.4. Exchange of feedback amongst Users. Once a Transaction has been completed, the Buyer and Seller can publish reviews about each other on the Site. No compensation is given to Users or to Rebake in exchange for online reviews. A User’s review on another User must always be fair and honest.
7.5. Rebake does not check reviews prior to publication on the Site by Users. If any review that has been published on the Site is inappropriate or abusive or otherwise does not comply with these Terms, Users may report the review to Rebake in accordance with the reporting procedure. Upon request of a User, Rebake will remove reviews if it conflicts with these Terms.
7.6. Rebake may block the account of any User, who provides a review that does not comply with these Terms. Only Users may write and post reviews on the Site.
7.7. Users must comply with the Terms and Conditions when utilising messaging. Users are responsible for the messages they post, and Users should not share any confidential or private information. Rebake is not responsible for messaging Content (or for what Users and Visitors do with such Content).
8. Notice and takedown policy
8.1. Infringement notices. Any person may contact us by sending us a notice if any content available on the Website and/or App or through use of the Service infringes their rights. The Infringement Notice should be sent by email to help@rebake.co Please provide the following information in the Infringement Notice:
8.2. How we deal with Infringement Notices. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
9. How we handle disputes
9.1. Disputes with Rebake. If you have a dispute with us relating to the Service, in the first instance please email us and we will attempt to resolve the dispute with us informally.
9.2. Disputes with other users. Rebake encourages all users to resolve any disputes directly with each other. If you are unable to resolve a dispute our Disputes Team will try and help you to resolve it. You can contact our Disputes Team by emailing us at help@rebake.co. You must provide the full details of the dispute together with sufficient evidence of any loss or damage suffered. Our Disputes Team will aim to be in touch 3-5 days from receiving notice of your dispute and do their best to resolve any such dispute but shall have no responsibility to conclude or resolve a dispute. Our Disputes Team operates during the hours of 9am to 5pm Monday to Friday and is closed on weekends and Bank Holidays.
9.3. Providing evidence of the dispute. You must be able to provide sufficient evidence of any loss or damage suffered by you as a result of use of the Service. If you are unable to provide sufficient evidence, Rebake will not be able to help you mediate or resolve any dispute.
9.4. Dispute timing. All disputes must be raised within 3 days of delivery of a sale item. Disputes must be raised by either party directly between themselves or by emailing help@rebake.co. Disputes raised after this period will not be considered.
9.5. Rebake's decision. Where Rebake steps in to assist, you agree to accept Rebake's final determination of any dispute and pay any amounts owed by you. Any decision made by us in relation to a dispute will not affect your contractual and statutory rights nor right to take legal action before a court of law.
10. Termination of use
10.1. If you do not agree to these Terms. If at any time you do not feel that you can agree to these Terms or to any changes made to these Terms or the Service, you must immediately stop using the Service.
10.2. Rebake's right to suspend the Services. We may immediately suspend or end your access to and use of the Service if you break or we reasonably suspect you of breaking the Acceptable Use Policy, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms.
10.3. Rebake's right to delete Urser Content. Should you or we suspend or end your use of the Service, we may delete your User Content, any other information that you have uploaded to the Service or any other information we hold about you. You will also lose any rights you have to use the Service or to access our content or your User Content. We shall not be liable to any losses you suffer as a result of the suspension or termination of your use of the Service (for whatever reason) and you should therefore ensure that you keep a copy of any information or content uploaded or hosted on the Service, including your User Content.
10.4. Outstanding payments become due on termination. The termination of your use of the Rebake Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us or any other user of the Service.
11. Our liability and responsibility to you
11.1. We are responsible for foreseeable losses only. If we fail to comply with these Terms, we are responsible for any loss or damage you suffered that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
11.3. We are not liable for business losses. Items sold via the Service are intended for domestic and private use. If you use the items for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
11.4. We do not carry out any verification checks on the items listed on the Service. As such, we do not warrant or guarantee (i) the quality, size or legality of any items listed on the Service or the legality of any User Content made available on the Service, the App and/or Website; or (ii) the truth or accuracy of the items listed for sale or User Content.
12. Other important terms
12.1. We cannot be held responsible for events that happen outside of our control. This includes outages or disruptions of the internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Service, the App and the Website.
12.2. Entire agreement. These Terms and any document referred to in them (as may be amended from time to time) constitute the entire agreement between you and Rebake relating to your use of our Services and supersede all prior understandings and agreements between parties. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
12.3. These Terms are between Rebake and the user and cannot be enforced by third parties.
12.4. Our right to assign these Terms. Rebake may assign or transfer our rights and obligations under these Terms at any time. We will inform you in writing if this happens and ensure to the extent possible that the transfer will affect your rights under the contract. Rebake users may only transfer their contract with Rebake with our prior agreement.
12.5. You may not enter into any contract on behalf of Rebake or that seeks to bind Rebake. These Terms are for the benefit of Rebake users only and do not extend to third parties.
12.6. English law governs these Terms. Any disputes that arise out of or in connection with these Terms, the, the App and Website or the Services shall be governed exclusively by the courts of England.
13. Contact Us and Feedback
13.1. How to Contact us. If you need to contact us in relation to these Terms or any other document mentioned in them, please email us at help@rebake.co.
13.2 Providing us with feedback. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have to your feedback so that Rebake may use and allow others to use it without any restriction and without any payment to you.