1. Definitions
For these Terms:
- “ZipThrifter,” “we,” “our,” and “us” refer to ZipThrifter, the operator of zipthrifter.com.
- “Platform” means the ZipThrifter website, mobile-web experience, and any related software or services.
- “Shopper” means a person who reserves or purchases items through the Platform.
- “Store” means a resale business that lists items for sale through the Platform.
- “Listing” means any item posted by a Store on the Platform.
- “Reservation” means a Shopper’s commitment to purchase a specific Listing, subject to in-store pickup within the applicable pickup window.
- “You” means any person who accesses or uses the Platform, whether as a Shopper, Store, visitor, or otherwise.
2. Acceptance of Terms
By creating an account, placing a Reservation, listing an item, or otherwise using the Platform, you confirm that you (a) are at least 18 years old or the age of majority in your jurisdiction, whichever is greater; (b) have the legal capacity to enter into a binding agreement; and (c) agree to these Terms and to our Privacy Policy, Refund & Cancellation Policy, and (if you are a Store) our Acceptable Use Policy. If you do not agree to any of these, do not use the Platform.
3. Nature of the Service
ZipThrifter is a venue that connects independent Stores with Shoppers. We are not the seller of any item listed on the Platform. Stores are independent businesses solely responsible for their inventory, listings, descriptions, photographs, condition representations, in-store handoff, and applicable warranties (if any). ZipThrifter does not take title to, store, ship, inspect, or guarantee the condition of any item.
The Platform is pickup-only. We do not ship physical goods. Every transaction concludes when the Shopper (or a person authorized by the Shopper) presents a valid pickup credential at the Store’s physical location during the Store’s posted hours.
4. Account Registration
4.1 Account Information
You must provide accurate, current, and complete information when creating an account and keep that information current. You may not impersonate any person or business, use a false identity, or create more than one account per person without our prior written consent.
4.2 Account Security
You are responsible for safeguarding your password and for any activity under your account. Notify us immediately at help@zipthrifter.com if you suspect unauthorized access.
4.3 Email Verification
Certain features (placing Reservations, messaging Stores, and creating Listings) require a verified email address. We may withhold access to features until verification is completed.
5. Reservations and Payments
5.1 Authorization
When a Shopper places a Reservation, the Shopper authorizes ZipThrifter (through its third-party payment processor, currently Stripe, Inc.) to place a hold on the Shopper’s payment method for the Listing price plus any applicable taxes and fees. The hold may be charged in full at pickup, partially captured on pickup of fewer items than reserved, or released if the Reservation is cancelled in accordance with our Refund & Cancellation Policy.
5.2 Pickup Window
Unless otherwise stated on a Listing, the Shopper has five (5) store-open days from the time of Reservation to inspect and pick up the item. Listings priced below the “manual-capture threshold” (currently $74.99) are charged in full at the time of Reservation and are final sale, subject to the Store’s posted in-person policies.
5.3 No-Show Fees
If the Shopper does not pick up a Reservation within the pickup window, a non-refundable reservation and restocking fee equal to twenty-two percent (22%) of the item price plus seventy-five cents ($0.75) may be charged to the Shopper’s payment method, and the Reservation will be cancelled and the item returned to inventory. Full details are in our Refund & Cancellation Policy.
5.4 Sales Tax
Where required by law, ZipThrifter or the Store will collect and remit applicable state and local sales tax. Sales tax compliance for marketplace facilitators in North Carolina is governed by NCGS § 105-164.4J and related provisions; ZipThrifter intends to comply with all applicable marketplace facilitator obligations.
5.5 Payment Processor Terms
Payments are processed by Stripe, Inc. By placing a Reservation, you agree to Stripe’s applicable terms (stripe.com/legal/end-users). ZipThrifter does not store full payment card numbers on its servers.
6. Pickup Obligations
Shoppers must present a valid pickup credential (the QR code or numeric code shown in their account) at the Store within the pickup window. A Shopper may authorize another person to pick up on their behalf by sharing the credential; possession of the credential is treated as proof of authority. The Store is entitled to refuse handoff to any person who cannot present the credential, who appears intoxicated, or whose conduct creates a reasonable safety concern.
Items not picked up within the pickup window are subject to the no-show fee in Section 5.3 and are returned to the Store’s available inventory.
7. Listings and Store Conduct
Stores are responsible for the accuracy of their Listings, including title, description, photographs, condition, and price. Stores must comply with our Acceptable Use Policy, which prohibits, among other things, the listing of stolen goods, counterfeit merchandise, hazardous materials, firearms, controlled substances, and items that infringe a third party’s rights.
ZipThrifter reserves the right, but assumes no obligation, to review, edit, or remove Listings or terminate Store accounts that violate these Terms, the Acceptable Use Policy, or applicable law.
8. User Content
8.1 What Counts as User Content
“User Content” includes any text, images, video (including Hype Rack posts), reviews, messages, or other material you submit to the Platform.
8.2 Your License to Us
By submitting User Content, you grant ZipThrifter a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, perform, modify (for technical purposes such as resizing or compression), publish, and distribute that User Content on or in connection with the Platform and our marketing of the Platform. This license terminates when you delete the User Content from the Platform, except for copies retained for legal compliance, backup, or analytic purposes as permitted by our Privacy Policy.
8.3 Your Representations
You represent that (a) you own or have all necessary rights to the User Content you submit, (b) the User Content does not infringe the rights of any third party, and (c) the User Content complies with these Terms and applicable law.
9. Prohibited Conduct
You will not:
- use the Platform to violate any law, regulation, or third-party right;
- post false, misleading, fraudulent, defamatory, harassing, threatening, or hateful content;
- reserve items without intent to pick them up;
- scrape, crawl, or use any automated means to access the Platform, except as expressly permitted by our robots.txt;
- reverse engineer, decompile, or attempt to extract the source code of the Platform;
- circumvent rate limits, content filters, payment flows, or other technical or security measures;
- create multiple accounts to evade enforcement actions;
- impersonate any person or business; or
- introduce malware, viruses, or other harmful code.
10. Intellectual Property
The Platform, including its design, brand, code, content (other than User Content), and underlying technology, is owned by ZipThrifter and is protected by United States copyright, trademark, trade secret, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purpose. All rights not expressly granted are reserved.
“ZipThrifter,” the ZipThrifter logo, and related marks are trademarks of ZipThrifter. You may not use them without our prior written consent.
11. DMCA: Copyright Infringement Notices
If you believe content on the Platform infringes your copyright, send a notice to our Designated Agent that includes the elements required by 17 U.S.C. § 512(c)(3):
- your physical or electronic signature;
- identification of the copyrighted work claimed to be infringed;
- identification of the material claimed to be infringing and its location on the Platform (URL);
- your contact information (address, phone, email);
- a statement that you have a good-faith belief that the use is not authorized;
- a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Send notices to: help@zipthrifter.com. We will respond in accordance with the DMCA, including by removing or disabling access to allegedly infringing material and terminating repeat infringers.
12. Disclaimers
THE PLATFORM AND ALL CONTENT, LISTINGS, AND TRANSACTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, ZIPTHRIFTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
ZipThrifter does not warrant the accuracy, completeness, or reliability of any Listing; the conduct of any Shopper or Store; or that the Platform will be uninterrupted, secure, or error-free. You acknowledge that ZipThrifter is not the seller of any item and is not responsible for the condition, legality, or fitness of any item.
Nothing in this section limits any rights you have under the North Carolina Unfair and Deceptive Trade Practices Act (NCGS Chapter 75) or under any other consumer protection law that cannot be waived by contract.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ZIPTHRIFTER, ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, ANY LISTING, OR ANY TRANSACTION BETWEEN A SHOPPER AND A STORE.
ZIPTHRIFTER’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID TO ZIPTHRIFTER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion of certain damages or the limitation of liability, so some of the above may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless ZipThrifter and its officers, employees, agents, and affiliates from any claim, demand, loss, liability, or expense (including reasonable attorneys’ fees) arising out of (a) your use of the Platform, (b) any content you submit, (c) your violation of these Terms or any applicable law, or (d) your violation of any third party’s rights.
15. Termination
You may terminate your account at any time by contacting help@zipthrifter.com (a self-service deletion endpoint is in development). We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, our policies, or applicable law, or if your continued use poses a risk to ZipThrifter, other users, or third parties.
Upon termination, your right to access the Platform ceases immediately. Sections that by their nature should survive termination (including Sections 8, 10, 12, 13, 14, 16, and 17) will survive.
16. Governing Law and Venue
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. The federal Arbitration Act, federal arbitration law, and (subject to Section 17 below) the federal and state courts located in Durham County, North Carolina, govern the interpretation and enforcement of these Terms.
17. Dispute Resolution
17.1 Informal Resolution
Before filing any claim, you agree to attempt to resolve the dispute informally by contacting help@zipthrifter.com and providing a description of the dispute and the relief you seek. We will attempt in good faith to resolve the matter within thirty (30) days.
17.2 Binding Arbitration
If the informal process does not resolve the dispute, any claim arising out of or related to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, if the AAA is unavailable or declines to administer, by JAMS under its applicable consumer rules), except that either party may bring a claim in small-claims court if it qualifies. The arbitration will take place in Durham County, North Carolina, or remotely at the parties’ agreement, and the arbitrator’s decision will be final and binding.
17.3 Class Action Waiver
You and ZipThrifter each waive any right to assert claims on a class, collective, or representative basis. Claims may only be brought in your individual capacity.
17.4 Opt-Out
You may opt out of arbitration and the class action waiver in Section 17.2–17.3 by sending written notice to help@zipthrifter.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.
17.5 Waiver of Jury Trial
Except for claims properly brought in small-claims court or an action to enjoin the infringement or misuse of intellectual property, you and ZipThrifter each waive any right to a trial by jury and to have disputes resolved in court. Disputes will instead be decided by a neutral arbitrator as set out above.
17.6 Severability of This Section
The Federal Arbitration Act governs the interpretation and enforcement of this Section. If the Class Action Waiver in Section 17.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court of competent jurisdiction under Section 16, while all other claims will still proceed in individual arbitration. If any other provision of this Section 17 is found unenforceable, the remaining provisions will continue in full force and effect.
18. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will post the updated Terms here with a new “Last updated” date and, where reasonable, notify you by email or in-app notice. Your continued use of the Platform after the effective date of the updated Terms constitutes acceptance.
19. Miscellaneous
Entire Agreement. These Terms, together with our Privacy Policy, Refund & Cancellation Policy, and (for Stores) Acceptable Use Policy, are the entire agreement between you and ZipThrifter regarding the Platform and supersede all prior agreements.
Severability. If any provision is found to be unenforceable, the remaining provisions will remain in full effect.
No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely.
No Agency. Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between you and ZipThrifter.
20. Contact
Questions about these Terms? Contact us at help@zipthrifter.com.