Terms of Use

We are Rummage App LLC (“Rummage,” ”Company,” we,” “us,” “our,” “Rummage App”), a company registered in Utah, United States at 4730 N Mt Nebo Dr, Eagle Mountain, UT 84005, USA

We operate the website http://rummageapp.co and http://app.rummageapp.co used interchangeably as (the “Site), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

We provide an online marketplace for users (“you,” “your,” “user”) to buy and sell pre-owned children’s clothing.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Rummage App LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

We will provide you with notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by support@rummageapp.co, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. 

Persons under the age of 16 are not permitted to use or register for the Services. If you are under the age of 16, you are not permitted to submit or post any information or material on the Services or provide such information to Rummage, including personally identifiable information. Users of the Services may choose to submit information about their children. Please consult our Privacy Policy, available for review at http://rummageapp.co/legaldocs, for further details on your options and our handling of this information. Rummage does not knowingly collect personal information from children under the age of 16.

United States Users Only:

Rummage is tailored specifically for users within the United States, offering a seamless experience for buying and selling children's clothing. As such, our services are available exclusively to customers residing within the US. Orders with addresses outside the US will be automatically canceled and promptly refunded. We apologize for any inconvenience this may cause and appreciate your understanding as we focus on providing the best possible service to our US-based community.

We recommend that you print a copy of these Legal Terms for your records. 

• Our Services

Rummage is an online platform that enables users to: (1) list children’s apparel and other items for sale by sharing photos and related content, (2) explore, search, and purchase such items, (3) engage in an online community centered around children’s fashion, and (4) participate in related activities such as shipping items to buyers via a third party shipping platform. A user who purchases one or more items through the Services is referred to as a "buyer," while a user who lists one or more items for sale is referred to as a "seller." A user may serve as both a buyer and a seller. Users may also include Rummage licensors, employees, and/or third parties wanting to participate on the Platform. For additional information on buying and selling apparel and other items, please refer to the FAQs available on the Rummage Site.

2. Changes to Terms

We reserve the right to modify or update these Terms of Use at any time without prior notice. Your continued use of the Services after any changes constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically for any updates.

3. Privacy

Your privacy is important to us. All data collected on the Services is governed by our current Privacy Policy. Rummage commits to handling your personally identifiable information in line with the provisions of our Privacy Policy, which is included and forms an integral part of these Terms for all intents and purposes. By utilizing the Services, you acknowledge and agree to all measures undertaken by us regarding your information, adhering to the Privacy Policy. You can those at rummageapp.co/policies 

4. User Accounts

You will be required to create an account to access certain features of the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You can also establish an account with us by linking the Services to a third-party social networking service (like Facebook and Google) and granting us permission to access and utilize your information from that service, as allowed by the service's terms. Additionally, you authorize us to store your login token for that service.

You agree to promptly inform us of any unauthorized access to or use of your account, or any security breaches. You also commit to logging out of your account after each session. Exercise caution when accessing your account from public or shared computers to prevent others from viewing or recording your password or personal information.

If Rummage, after investigation, reasonably suspects that a user's information is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate that user's current or future use of the Services. We also retain the discretion to deactivate any username, password, or other identifier, whether chosen by you or provided by us, at any time and for any reason, including if, in our judgment, you have violated any provision of these Terms.

We retain the authority to modify or alter the Services, as well as any service or material offered through the Services, at our sole discretion, with or without prior notice. We shall not be held liable if, for any reason, all or any part of the Services becomes unavailable at any time or for any duration. Periodically, we may limit access to certain sections of the Services for users, including registered users.

5. User Content

You retain ownership of any content you post or submit to the Services ("User Content"). By posting or submitting User Content, you grant Rummage a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content (in whole or part) worldwide in any media including the Site and for any other reasonable purpose. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials, whether publicly posted or privately transmitted to Rummage or through the Services, are collectively referred to as “Content.” The Services may include message or comment pages, email functionality, blogsite, and other interactive features enabling users to post, submit, publish, display, or transmit ("post") Content on or through the Services to other users or individuals.

You confirm and assure that: (a) you possess or control all rights to your Content and have the authority to grant us and our affiliates and service providers, as well as our and their respective licensees, successors, and assigns, the licenses specified herein; and (b) all of your Content complies with these Terms.

You acknowledge that you are accountable for any Content you submit or contribute, and you, not Rummage, bear full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We are not liable to any third party for the content or accuracy of any Content posted by you or any other user of the Services.

Without restricting the above, this license includes the right to use any user-submitted Content in marketing emails, share pages, or other advertising materials that we may create or distribute periodically.

Occasionally, we may encourage users of Facebook, Instagram, or other social networking sites to link photos or other content posted on those platforms with specific hashtags we suggest. This is done to identify photos or content that may interest users of the Services or for our promotional efforts. By linking photos or other content with any suggested hashtag, you consent to consider such materials as Content under these Terms and subject to them.

All information provided on or through the Services, including the Content, is intended solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility for any reliance on these materials by you or any other visitor to the Services, or by anyone informed of its contents.

You are accountable for your posts or uploads: By submitting content or making contributions through any part of the Services, or by linking your account to any social networking accounts, you:

• Confirm that you have read and agree to our "Prohibited Conduct," and will not post any content that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
• Waive any moral rights to such submissions and/or contributions to the extent permitted by applicable law;
• Warrant that your submissions and/or contributions are original or that you have the necessary rights and licenses to submit them, granting us the specified rights, and that you have full authority to do so;
• Warrant and represent that your submissions and/or contributions are not confidential information.

You are solely responsible for your submissions and/or contributions and agree to indemnify us for any losses incurred due to your violation of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We reserve the right to remove or edit your content: While we are not obligated to monitor contributions or submissions, we have the authority to remove or edit any contributions at any time without notice if we reasonably deem them harmful or in violation of these legal terms. If we remove or edit any such contributions, we may also suspend or disable your account and report you to the authorities.

6. Selling, Listing and Shipping 

By listing an item on the Services, you affirm that the item and all aspects of its listing comply with these Terms. You also affirm that you have the legal right to sell the item. It is your responsibility to accurately describe the item and its terms of sale on the Services. Your listings should only include relevant text descriptions, graphics, pictures, and other content related to the sale of the item, and all items must be listed in an appropriate category.

While using the Services, you may not: (i) use another user's account without permission, (ii) change an item's price after it has been sold, (iii) attempt to arrange direct payment methods with a buyer or seller other than those approved through the Services, or (iv) take any action intended to bypass, reduce, or manipulate Rummage transaction fees. Failure to adhere to these rules may result in the immediate termination of your ability to use the Services.

Sellers are responsible for covering shipping costs on a third-party site, and funds from a sale cannot be used to buy a shipping label. When listing an item, sellers should consider packaging and shipping costs when setting the Listing Price. Sellers can combine multiple items bought in a single purge into one package. All orders must be shipped using a trackable method offered by USPS, UPS, or FedEx.

Once a buyer places an order, the seller must package the order, purchase a shipping label from a third-party site, and update the tracking information on the Service. The seller is responsible for packing the items in the order for shipping, purchasing a shipping label from a third party, printing and attaching the shipping label to the package using their own printer, tape, and packing materials, updating tracking information on the Service. The package should then be shipped by either dropping it off at a USPS Post Office or handing it to a USPS mail carrier, or dropping off at UPS or FedEx stores. 

If the package exceeds the label's weight limit or fails to meet USPS, UPS, or FedEx requirements, the buyer may need to pay extra postage or the package may be returned. If you've paid extra postage and seek reimbursement, contact us at claims@rummageapp.co or open a claim through the “my purchases tab” on the site within 48 hours of delivery. If the buyer decides to pay the extra postage amount, the discrepancy will be taken from the seller payout and distributed to the buyer. Sellers are responsible for reimbursing buyers from their payout.

Seller proceeds from a sale will be distributed to the seller 48 hours after the package is marked as delivered by the postal service, provided no claim has been opened by the buyer. The minimum payout amount is $25. Rummage will hold your funds until your total sales reach the $25 minimum, at which point the payout will be processed accordingly.

The seller must ship the order within 3 business days of purchase, with tracking showing the order as shipped. If there's no tracking, the buyer gets a full refund upon request. If tracking shows the package hasn't shipped, Rummage contacts the seller. If tracking doesn't update within 2 business days after contacting the seller, the buyer gets a full refund. Sellers unable to ship within 3 business days should contact us at support@rummageapp.co .

Rummage is a one-click "Buy Now" platform, meaning that when you click the "Buy Now" button during a live purge or in the marketplace, your card is immediately charged for the item. By clicking "Buy Now", you are committing to purchase the item. Refunds will not be issued for accidental clicks, including but not limited to instances where a user inadvertently selects an item during a live purge or marketplace sale. Please review all items carefully before confirming your purchase to avoid unintentional transactions.

7. Taxes and Fees 

Creating an account on Rummage and creating a “purge(sale)” is a free service. 

When creating a listing, sellers must factor shipping costs into the item's price. The listing price, displayed at the time of the transaction, cannot be altered up to 17 minutes before a purge is scheduled to begin and/or after a buyer has made a purchase.

A "Sale/Order" refers to one or more items bought by a single buyer from a single seller during a "purge" on the Services. When an order is placed, we charge the seller a transaction fee equivalent to 10% of the combined listing price of each item in the sale/order. Therefore, the seller proceeds, totaling 90% of the aggregate listing price for the items in the order, are earned. The seller will purchase a shipping label for the order through a third-party site. It's important to note that funds from the sale cannot be used until 48 hours after the item has been delivered, as they are not distributed immediately.

A "Purchase" refers to one or more items bought by a single buyer from a single seller during a "purge" on the Services. When an order is placed, we charge the buyer a transaction fee equivalent to 5% plus .30  of the combined listing price of each item in the sale/order. Therefore, the buyer agrees to pay the posted listing price + 5% and .30 + any applicable taxes for the order. This fee ensures the provision of a buyer package protection program and supports a tailored, unique experience on the platform.

All fees are quoted in US Dollars (USD) unless stated otherwise. Our fee policy may change, and any permanent changes will be updated in these Terms. Temporary fee changes for promotional events will be effective upon posting on the Services or providing notice. We reserve the right to waive or reduce fees at our discretion and may change some or all of our services at any time. New service fees become effective upon launch.

Orders are subject to applicable state, provincial, or local sales and use taxes ("Taxes"). Tax amounts may vary based on factors like item type and buyer's delivery address. Taxes are not included in item prices but are displayed to buyers before order confirmation.

Buyers are responsible for paying all Taxes that Rummage is required to collect. Rummage promotions or credits may reduce Taxes, with adjustments reflected at checkout.

Rummage collects Taxes from buyers where legally obligated, remitting them to the taxing authority. In states where Rummage does not collect Taxes, sellers are responsible for compliance with tax laws.

If your gross sales exceed $5000 in a year, IRS reporting is required. You must certify your taxpayer identification number and other tax information to Rummage. Failure to provide this information may result in account restrictions or backup withholding from future payouts. You can submit tax information by emailing support@rummageapp.co with the subject heading IRS TAX INFORMATION

8. Purchases and Payment

You agree to provide current, complete and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment information, and payment card expiration date so that we may complete your transactions and contact you as needed. Sales tax will be added to the prices of the purchases as deemed necessary and required by law. 

You agree to pay all charges at the prices then in effect for your purchases and you authorize us to charge your chosen payment method for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing even if we have already requested or received payment. 

9. Prohibited Conduct

You agree not to use the Services for any unlawful purpose or in any way that violates these Terms of Use. Prohibited conduct includes, but is not limited to:

• Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Interfering with or disrupting the operation of the Services or servers or networks connected to the Services;
• Attempting to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services through hacking, password mining, or any other means;
• Collecting or storing personal data about other users without their express consent;
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services.

10.Return Policy

By agreeing to the terms of use you agree to the return policy as written. You can find it at rummageapp.co/policies 

11. Credit Card and Banking Transactions 

When making a purchase on the Services using a credit card, you must have a valid credit card on file. Your credit card information, including expiration date and billing address, may be stored by us or a third-party credit card processor. We will verify this information but will not charge your credit card unless you perform an activity on the Services that requires payment. By agreeing to pay with your credit card, you authorize us to charge it when necessary.

12. Payouts 

To receive your payout, you must provide your bank account information: bank account name, account number, routing number, and account type (checking/savings and personal/business). Your payout will be processed 48 hours after item delivery (pending any claims), based on the provided information. 

The reason for the delay in payment is so that buyers can be issued a refund if a seller does not ship within 3 business days, or if the item is not as described. We believe that it is important to provide buyers with a positive experience, which, in turn, can result in more sales for our sellers. 

Please ensure accuracy, as funds cannot be retrieved once sent. Payouts will be made electronically via ACH transfer, covering the total purge or per item. Rummage will handle the transfer; no action required from you. Transfer cancellation is not possible. Minimum transfer amount is $25.  Alternative withdrawal methods may be introduced in the future. Cashouts may be canceled, suspended, or delayed for fraud prevention. Payouts do not accrue interest.

13. Intellectual Property

The Services and all content and materials available on or through the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, source code, databases, functionality and  website designs are the property of Rummage or its licensors and are protected by copyright, trademark, and other intellectual property laws.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the  “Marks). 

14. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RUMMAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitation of Liability

IN NO EVENT SHALL RUMMAGE OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF RUMMAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws provisions.

17. Dispute Resolution

Any dispute arising out of or relating to these Terms of Use or the Services shall be resolved exclusively through arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Utah County, Uyah, and the arbitrator's decision shall be final and binding. 

Any legal action or claim related to these Terms or the Services must be initiated WITHIN ONE (1) YEAR after the cause of action arises. Otherwise, the claim is permanently invalid.

18. Complete Agreement

The Terms represent the complete agreement between each user and Rummage, governing their use of the Services, and replacing any prior agreements. These Terms, along with the relationship between users and Rummage, are governed by the laws of the State of Utah, with both parties subject to the exclusive jurisdiction of the courts in Utah County, Utah. Rummage operates the Services from its offices in the State of Utah, USA, intending them for use only within the United States. We do not assert that the Services are suitable or available for use outside the United States. Accessing the Services from other locations is at the user's own discretion and they are responsible for compliance with local laws. If any provision of the Terms is deemed invalid by a court, the parties agree that the court should strive to uphold their intentions, while the remaining provisions of the Terms remain in effect. These Terms do not establish any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between Rummage and any user.

19. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at support@rummageapp.co 

Return Policy

Thank you for shopping with us! We strive to provide you with high-quality products and excellent customer service. Please read our return policy carefully to ensure a smooth shopping experience.

All Sales Are Final:

• Except in specific cases where the item is not as described in the listing, all sales are final. We do not accept returns or offer refunds for change of mind or buyer's remorse.

Damaged or Incorrect Items:

• If you receive a damaged or incorrect item, please contact us immediately. We will assess the situation and provide further instructions on how to proceed.

Claims Process:

• In the event of receiving a damaged or incorrect item, customers must file a claim within 48 hours of delivery, including weekends and holidays. Claims filed after this period may not be accepted.
• To file a claim, please head to your Rummage account, go to “My Purchases” and file your claim through the link provided on your item. Please be sure to include
  1. Description of the issue
  2. Clear photos showing the problem

Resolution:

• Upon receiving your claim, we will review it and respond within [3] business days with further instructions. Depending on the situation, we may offer a refund.

Contact Us:

• If you have any questions or concerns about our return policy, please don't hesitate to contact us at support@rummageapp.co We're here to help!

Policy Last Updated: 5/1/2024