Terms & Conditions
By accepting the Terms and Conditions you are agreeing to abide to all the clauses below as follows:
1.1 Shopperbird.Ltd and the User agree that the terms of this Agreement shall commence on its submission date and shall continue until the existence of this account.
2.0 Appropriate use:
2.1 The User will use the app with the sole scope to buy on-demand and sustainable clothes through fashion designer services. The term "On-demand services" means that the customer receives a unique and one-of-a-kind product (A.K.A prototype) and is therefore different from any retail and ready-to-wear products.
2.2 Abuse and misconduct are not tolerated, including, but not limited to: (swear words, religious discrimination, gender discrimination, and more). Any of the following must be reported from both customers and designers or will consequently get your account blocked permanently and irreversibly.
2.3 It is against the hereby agreement to redirect a conversation outside the app with outbound links or by sharing personal information (email, phone number, social media, and more). Any conversation and therefore deals made outside the app are not protected nor covered by our refund policy and any dispute will not be settled according to this agreement.
3.0 Materials of production:
3.1 All materials used in the application are sustainable, alternative, or recycled, all customers must comply with this decision by requesting materials within our list: (e.g. Organic/Recycled Cotton, Hemp, Linen, Tencel/Lyocell, Econyl, Modal, Bamboo, Cork, Deadstock, EcoVero, Piñatex, Qmilk, Spiber, recycled water bottle cotton, peace silk, vegan leather, and any recycled/upcycled materials).
3.2 Customers are encouraged to report any designer who uses or tries to sell unsustainable materials that do not match our materials list, some examples are brand new "Wool; Polyester; Nylon; Denim; Spandex; Fur; Leather" or reselling existing stocks of products. We encourage all users to contact our help chat for any queries or clarifications regarding materials.
4.0 Quality standard:
4.1 All fashion designers working in the app are strictly tested and selected towards our sustainable criteria and values. They must provide a test garment of their production to us before accepting any orders from customers. Our acceptance rate is on average between 5% - 15% (as for the past 6 months). We run the following tests: "ripping, stretching, waterproofing, stitching & seam, measurements, fabric analysis". The standard is calculated from the average production quality of all the designers already using our platform.
4.2 We may request more than one sample to evaluate if production quality stays linear throughout time and categories (e.g. trousers, shorts, jackets, shirts). The final product must be in line with the design given to customers. It is the designer's responsibility to gather as much information as needed to deliver the best quality to customers. Designers are liable for shipping products without proper quality checks or appropriate product testing once accepted in the app. The brand has the right to fully refund customers upon a dispute.
4.3 At the end of every quarter (Q1, Q2, Q3, Q4) we evaluate designers towards chats taken, ratings, and feedback from customers. Designers with a rating below 3 stars will be reevaluated as per clause [5.1] and can be removed from the platform for as long as it takes until their production quality meets the standards again.
5.0 Requests & Orders:
5.1 The designer is the sole one responsible for closing a deal and getting an order. The Brand has no involvement in the modus operandi of each designer unless it breaches this agreement. Orders are fulfilled by notifying the customer via chat upon completion of the production. Tracking and shipping methods will be settled between the customer and designer on the chat page. If the designer does not process the order after proof of payment is shown from the Brand, the designer is in breach of the contract and the brand can fully refund the customer. By processing an order, the Designer accepts all brand’s terms & conditions outlined in this agreement.
6.0 Packaging and Labelling:
6.1 Designers are encouraged to limit plastic wrappings and packaging by using recycled paper pouches or using alternative and more sustainable packaging. The designer can brand packages, products, and labels as per their brand as long as it doesn't contain any other product but just clothes (e.g. sweets, consumables).
7.0 Shipping & refund policy:
7.1 The designer will ship the final labeled and packaged product directly to the address provided by the customer. Tracking and shipping methods will be settled between the customer and designer on the chat page. International shipping may be subject to customs charges (at checkout).
7.2 Instead of returning items. you can contact us for a full refund. Why? Returns run counter to our emphasis on sustainability: every return has a carbon footprint. Tell us what went wrong at our on-app help service, send along a picture and/or video, and we'll refund you in full.
8.0 Billing & Membership:
8.1 The app will remain free to use for 6 months after the official beta testing launch date. After this month all customers will be asked to subscribe to a monthly membership of £2 and will have 1chat/available. The membership helps us for maintaining the app and the community alive reaching new creative designers. Membership is required to chat with fashion designers and it can be canceled at any time.
9.1 All payments are safely held and managed by the app, to avoid fraudulent activity, and will be released 24 hours after receiving the product. Customers can raise a ticket and dispute an issue within this time. In case of doubt, all users are encouraged to reach out to help support verify whether a payment has been successfully made or not.
10.1 All customer payments are collected in your designer account and will be therefore released as a monthly payout equal to the amount earned minus transaction fees. The app uses third-party software that charges a 2% transaction fee to ensure smooth and safe payouts for designers. We are developing a "wallet" feature where designers can withdraw money from their accounts whenever they wish.
11.0 Sales and Tax:
11.1 The Designer agrees that it is his/her/their sole responsibility to collect, report and remit all taxes to the correct tax authority for all business transactions, sales, or revenue stemming from the sales made in the app. The Brand is not responsible for the Designer tax collection and it is exempt from the involvement of any legal case (if it may arise) due to missed tax payments or evasion.
12.0 Termination account:
12.1 If the Designer does not process an order after proof of payment is shown, the Brand can terminate their account with immediate effect and process a full refund to the Customer.
12.2 If the Customer does not comply with the agreements regarding the appropriate use of the app [2.0] we will terminate their account with immediate effect.
13.0 Confidential Information:
13.1 Designer and Customer must not provide any sensitive or private information related to the designer’s business or customer’s personal life (or vice versa). Such confidential information may include: "personal or company email"; "phone number" and anything else that can disclose private information.
14.0 Copyright & IP
14.1 All images of all designs and products including images on the brand’s website are the exclusive property of the Brand. No other use or distribution is permitted. The Brand reserves all rights and has its trademark, logo, and name registered on 05/07/2021 by Tim Moss Comptroller General of Patents, Designs and Trade Marks Intellectual Property Office.
15.1 Shopperbird.Ltd is registered in England and Wales under the following registration number (No. 13474893) listed with Companies House and incorporated on 24/06/2021. Hereby Agreement is governed by the laws of The United Kingdom. The Parties agree to resolve any disputes that may arise from this Agreement or ensure amicably. The Brand reserves the right to modify any of the terms of this Agreement with prior notice to users.