Terms of Service

By accessing or using the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are accessing the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Electronic Communications Consent. By creating an account, you consent to receive electronic communications from DWCO, including emails, push notifications, and in-app messages regarding your account, transactions, platform updates, and promotional offers. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

To buy or sell on DWCO, you must create an account with accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether or not authorized by you.

Each individual may maintain only one account. Creating multiple accounts for any purpose, including to circumvent account restrictions, manipulate reviews, or abuse promotional offers, is strictly prohibited and grounds for immediate termination of all associated accounts.

You agree to notify DWCO immediately at admin@desiwardrobe.com if you suspect unauthorized access to your account. DWCO is not liable for any loss or damage arising from your failure to protect your account credentials.

DWCO is a peer-to-peer marketplace that connects buyers and sellers of fashion and apparel. DWCO acts solely as a marketplace facilitator and is not a party to any transaction between buyers and sellers. DWCO does not own, possess, inspect, authenticate, or control the items listed on the Platform.

DWCO makes no representations or warranties regarding the quality, safety, legality, authenticity, or accuracy of any listing, item, or user content on the Platform. All transactions are conducted at the sole risk of the buyer and seller.

DWCO reserves the right, but has no obligation, to monitor, review, or remove any listing, user content, or account at any time and for any reason, without notice.

DWCO as Limited Payment Collection Agent. By listing an item for sale on the Platform, the seller appoints DWCO as the seller's limited agent for the sole and exclusive purpose of accepting payment from buyers on the seller's behalf. DWCO's receipt of a buyer's payment (whether directly or via a payment processor engaged by DWCO) constitutes payment made directly to the seller and fully satisfies the buyer's obligation to pay the purchase price, regardless of whether or when DWCO subsequently remits those funds to the seller. This limited agency is created solely for purposes of payment collection and does not extend to any other aspect of the transaction — the underlying sale of each item is a direct transaction between the buyer and the seller.

Not a Bank, Money Transmitter, or Financial Institution. DWCO is not a bank, money transmitter, money services business, trust company, escrow agent, or other regulated financial institution. DWCO does not take legal title to items listed on the Platform and does not take ownership of funds received from buyers. To the extent DWCO or its payment processors hold funds between a buyer's payment and the seller's payout, such funds are held solely in DWCO's capacity as the seller's limited payment collection agent and remain the property of the seller (net of amounts properly owed to DWCO under these Terms).

Payment Processors. DWCO uses one or more third-party payment service providers (each, a “Payment Processor”) to process buyer payments and remit payouts to sellers. DWCO's current Payment Processor is Stripe; DWCO may add, replace, or designate additional Payment Processors (including, without limitation, Braintree, PayPal, or their affiliates) at any time and without prior notice. Each Payment Processor acts as DWCO's and/or the seller's service provider or sub-agent for the limited purpose of processing payments, and buyers and sellers agree to be bound by the applicable Payment Processor's terms of service as a condition of using the Platform.

When you purchase an item on DWCO, you enter into a transaction directly with the seller. You are responsible for reviewing all item descriptions, photographs, condition details, and seller information before completing a purchase. All prices are listed in United States Dollars (USD).

By completing a purchase, you authorize DWCO and its Payment Processor to charge the payment method you provide for the total amount, including the item price, applicable shipping costs, and any taxes. Payment is processed at the time of checkout.

Discharge of Payment Obligation. You acknowledge and agree that DWCO accepts your payment in its capacity as the seller's limited payment collection agent (see Section 3). Your obligation to pay the seller for your purchase is fully and finally discharged at the moment your payment is successfully received by DWCO or its Payment Processor. You are not required to make any additional payment to the seller for the item purchased, and the seller may not pursue you for payment of any amount that has been received by DWCO on the seller's behalf, even if DWCO has not yet remitted those funds to the seller.

Once an order is confirmed, the seller is responsible for shipping the item. If you do not receive your order or it arrives in a condition materially different from the listing description, you may contact DWCO; however, resolution is at DWCO's sole discretion as described in Section 9 below.

As a seller, you represent and warrant that: (a) you have legal title to and the right to sell every item you list; (b) each listing accurately describes the item's condition, size, brand, materials, and any defects; (c) all photographs are authentic and depict the actual item being sold; and (d) your items comply with all applicable laws and regulations.

You are solely responsible for packaging and shipping sold items promptly and in the manner specified in the listing. Failure to ship within the agreed timeframe may result in order cancellation, account penalties, or suspension.

DWCO provides the platform for you to reach buyers, but you are solely responsible for the items you sell, including their authenticity, quality, legality, and compliance with these Terms. You agree to indemnify DWCO against any claims arising from the items you sell or your use of the Platform as a seller.

Express Appointment of DWCO as Limited Collection Agent. By listing any item for sale on the Platform, you irrevocably and expressly appoint DWCO as your limited agent for the sole and exclusive purposes of (a) accepting payment from buyers on your behalf, (b) engaging one or more Payment Processors and other service providers to facilitate such payment collection, and (c) remitting the net proceeds (after deducting the Platform Fee and any other amounts owed under these Terms) to your designated payout account in accordance with Section 6. This appointment is limited to these payment-collection purposes and does not make DWCO your agent for any other purpose, including the underlying sale itself, which remains a direct transaction between you and the buyer. You acknowledge and agree that a buyer's payment to DWCO (or to its Payment Processor) constitutes payment to you and discharges the buyer's purchase-price obligation, and you waive any and all claims against the buyer for any amount DWCO has received on your behalf.

To receive payouts for sales on DWCO, you must complete the identity verification and account setup process required by DWCO's then-current Payment Processor. DWCO's current Payment Processor is Stripe; DWCO may designate additional or alternative Payment Processors (including, without limitation, Braintree, PayPal, or their affiliates) at any time. As a seller, you agree to be bound by the applicable Payment Processor's terms of service and connected-account or payee agreement (for example, Stripe's Connected Account Agreement), as each may be modified from time to time. The Payment Processor acts as DWCO's and/or your service provider or sub-agent for the limited purpose of processing payments and remitting your payouts.

Payout Timing. Payouts are settled to your designated payout account on a schedule set by DWCO and its Payment Processor, typically within a commercially reasonable period following the later of (a) the item's confirmed delivery to the buyer and (b) the expiration of the applicable return window under Section 9. Actual settlement timing may vary based on Payment Processor cycles and banking institutions. DWCO is not liable for delays caused by third-party Payment Processors or banks to the extent outside DWCO's reasonable control.

Payout Withholding. DWCO holds buyer payments on your behalf as your limited payment collection agent (see Section 3). DWCO may withhold, offset, or recoup all or part of a pending payout only in the following enumerated circumstances: (a) to deduct the Platform Fee and other amounts properly owed by you to DWCO under these Terms; (b) to fund refunds, returns, chargebacks, or other buyer remedies relating to your transactions; (c) pending a good-faith investigation of suspected fraud, material violations of these Terms, or legal process; (d) as required to comply with applicable law, court order, tax withholding obligations, or legitimate regulatory or law enforcement requests; or (e) upon suspension or termination of your account under Section 12, in which case pending funds may be held for a reasonable period (not to exceed 180 days) to satisfy potential buyer claims, refunds, or chargebacks. Except as expressly provided in this Section, DWCO will not withhold funds it holds on your behalf as payment collection agent.

Tax Obligations & 1099-K Reporting. You are solely responsible for all tax obligations arising from your sales on DWCO, including income tax, sales tax, and any other applicable taxes. You acknowledge that DWCO or its designated Payment Processor may be required to report your earnings to the Internal Revenue Service (IRS) on Form 1099-K if your gross sales meet or exceed the applicable reporting threshold, and you agree to provide accurate tax information (including your legal name, address, and Social Security Number or Employer Identification Number) to DWCO or its Payment Processor on request. Failure to provide required tax information is a material breach of these Terms and may result in payout suspension until the information is provided.

Listing items on DWCO is currently free. When an item sells, DWCO charges a commission on the sale price (the “Platform Fee”). The current Platform Fee is 10% of the item sale price and is automatically deducted before the seller's payout is calculated.

DWCO reserves the right to modify its fee structure, introduce new fees, or change existing fees at any time and without prior notice. Updated fees will be posted on the Platform and will apply to transactions occurring after the date of posting. Your continued use of the Platform after any fee change constitutes your acceptance of the updated fees.

When promotional discounts or coupon codes are applied to a transaction, the discount is absorbed by the Platform Fee first. If the discount exceeds the Platform Fee for a given order, DWCO may, at its discretion, apply the remaining discount against the seller's payout or absorb the difference.

The seller is solely responsible for shipping sold items to the buyer at the address provided at checkout. The buyer is responsible for providing an accurate and complete shipping address. DWCO is not liable for orders lost, delayed, or undeliverable due to incorrect address information provided by the buyer.

Risk of Loss. Title to and risk of loss for purchased items passes from the seller to the buyer upon delivery to the carrier (i.e., at the point of shipment). DWCO is not responsible for items lost, stolen, or damaged during transit.

Sellers should use trackable shipping methods and provide tracking information. DWCO may, but is not obligated to, assist in resolving shipping disputes between buyers and sellers.

All sales on DWCO are generally final. Each listing specifies the seller's returns policy, which may be either “No Returns” or “14-Day Returns.” Buyers should review the seller's returns policy before making a purchase.

DWCO may, in its sole and absolute discretion, issue refunds or credits in cases where an item is materially not as described, counterfeit, or not received. DWCO is under no obligation to issue any refund and its determination on refund requests is final and binding. Refunds, if issued, will be processed to the original payment method and may take up to 10 business days to appear.

Order cancellations are permitted only before the seller has shipped the item and are subject to DWCO's approval. DWCO reserves the right to charge a cancellation fee at its discretion.

Buyer-Seller Disputes. If a dispute arises between a buyer and seller, we encourage both parties to attempt to resolve it directly. If direct resolution is not possible, DWCO offers a dispute resolution process through which our team will review the case and make a determination. DWCO's determination on any buyer-seller dispute is final and binding on both parties.

Disputes with DWCO — Mandatory Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any transaction on the Platform that cannot be resolved informally shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall take place in the State of California, and the arbitrator's decision shall be enforceable in any court of competent jurisdiction.

Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST DWCO.

Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

The following items may not be listed or sold on DWCO:

• Counterfeit, replica, or knock-off goods
• Stolen merchandise
• Items that infringe on intellectual property rights
• Hazardous materials, chemicals, or weapons
• Items that violate any applicable law or regulation
• Used undergarments or intimate apparel unless new with original tags attached
• Items subject to product recalls

The following conduct is prohibited on the Platform:

• Manipulating reviews, ratings, or feedback through fake accounts, incentivized reviews, or any other means
• Circumventing or attempting to circumvent Platform fees by conducting transactions outside of DWCO
• Creating multiple accounts to evade restrictions, bans, or limits
• Harassing, threatening, or abusing other users
• Interfering with or attempting to interfere with the proper functioning of the Platform, including through automated scripts, bots, or scraping
• Misrepresenting your identity or affiliation with any person or entity

DWCO reserves the right to remove any listing and immediately suspend or terminate the associated account without prior notice if prohibited items or conduct are detected.

DWCO may, in its sole discretion and without prior notice, suspend, restrict, or terminate your account and access to the Platform for any reason, including but not limited to: violation of these Terms, suspected fraud or illegal activity, anti-money-laundering (AML) concerns, excessive disputes or chargebacks, or for any other reason DWCO deems appropriate.

Effect of Suspension. If your account is suspended: (a) all active listings will be hidden from the Platform; (b) you will be unable to create new listings or make purchases; (c) pending payouts may be delayed or withheld pending investigation; and (d) you may not create a new account.

Effect of Termination. Upon termination: (a) your right to use the Platform ceases immediately; (b) any pending payouts may be withheld for up to 180 days to cover potential refunds, chargebacks, or claims; (c) DWCO may retain your account data as required by law or for legitimate business purposes; and (d) provisions of these Terms that by their nature should survive termination shall remain in effect.

Reinstatement of a suspended account is at DWCO's sole discretion. You may appeal a suspension by contacting admin@desiwardrobe.com.

All content on the DWCO Platform — including the name, logo, design, text, graphics, software, and compilation thereof — is the property of Desi Wardrobe Clean Out LLC or its licensors and is protected by United States and international intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any Platform content without our prior written consent.

User Content License. By listing an item or posting content on DWCO, you grant DWCO a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, display, distribute, and create derivative works from your content for any purpose related to operating, promoting, or improving the Platform.

DMCA Takedown Notices. If you believe your copyrighted work has been infringed on the Platform, please send a written notice to our designated DMCA agent at admin@desiwardrobe.com with: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Platform; (c) your contact information; (d) a statement of good faith belief that the use is unauthorized; and (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf.

Counter-Notification. If you believe your content was removed in error, you may submit a counter-notification with: (a) identification of the removed material; (b) a statement under penalty of perjury that removal was a mistake; (c) your consent to jurisdiction in California; and (d) your contact information.

Repeat Infringers. DWCO will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

You agree to indemnify, defend, and hold harmless Desi Wardrobe Clean Out LLC, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “DWCO Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform or any transaction conducted thereon
• Any item you list, sell, or purchase on the Platform
• Your violation of these Terms or any applicable law
• Your infringement or violation of any third-party right, including intellectual property, privacy, or publicity rights
• Any content you post, upload, or transmit through the Platform
• Any dispute between you and another user of the Platform

This indemnification obligation will survive the termination of your account and these Terms.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DWCO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, ANY TRANSACTION CONDUCTED THEREON, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF DWCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DWCO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO DWCO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

DWCO IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR AUTHENTICITY OF ITEMS LISTED BY SELLERS. ALL TRANSACTIONS ARE BETWEEN BUYERS AND SELLERS, AND DWCO DISCLAIMS ALL LIABILITY ARISING FROM SUCH TRANSACTIONS.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Subject to the mandatory arbitration provision in Section 10, any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of California, and you hereby consent to the personal jurisdiction and venue of such courts.

DWCO reserves the right to modify, amend, or replace these Terms at any time and at its sole discretion. Changes are effective immediately upon posting to the Platform. DWCO is under no obligation to provide advance notice of changes, although we may choose to do so for material modifications.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Platform following the posting of any changes constitutes your binding acceptance of the modified Terms. If you do not agree to the updated Terms, you must discontinue use of the Platform and close your account.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver. DWCO's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and DWCO regarding your use of the Platform and supersede all prior agreements, representations, and understandings.

Assignment. DWCO may freely assign or transfer these Terms and its rights and obligations hereunder without your consent. You may not assign or transfer these Terms or any rights or obligations hereunder without DWCO's prior written consent.

Force Majeure. DWCO shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications failures, or third-party service provider outages.

Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.

If you have questions about these Terms, please contact us: