Terms & Conditions
01_WHO WE ARE
02 _WHAT THIS AGREEMENT COVERS
This User Agreement and all policies posted on our sites set out the terms on which returned offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.
The entity you are contracting with is Returned Org, 1111 W. Mockingbird Lane Ste.# 920, Dallas, TX 75247 if you reside in the United States.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
03_USING RETURNED.ORG WEBSITE
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems;
- transfer your account and user ID to another party without our consent;
- distribute viruses or any other technologies that may harm returned.org or the interests or property of users;
- reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed returned.org, or that comes from the Services including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of returned.org and/or any other party holding the right to license such use;
- commercialize any returned.org application or any information or software associated with such application;
- harvest or otherwise collect information about users without returned.org’s consent and the user’s consent; or
- circumvent any technical measures we use to provide Services.
If we believe or discover that you are abusing returned.org in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Certain portions of returned.org’s website, allow users to post images, graphics, visual representations and written content. In posting such aforementioned content, you expressly authorize and agree to allow returned.org to display such content on its website, and to use such content for social media or promotional purposes without further permission being sought or granted from you by returned.org, and you further agree to release, indemnify and hold returned.org harmless from any and all liability, damage or loss in connection with same as delineated in full in the section hereafter entitled “Disclaimer of Warranties” and “Limitation of Liability.”
04_DISCLAIMER
Information on our website is provided for informational purposes only. You should read all product information carefully before purchasing. If you visit or shop on this site, you accept the terms and conditions listed in this section. If you are under the age of 18, you may not use this site unless under the supervision of a parent or guardian. While returned.org strives to maintain the highest standards in our site content and description, all information, products, and features on this site are subject to change without warning.
Currency conversion amounts displayed are for informational purposes and are approximate amounts that are updated once a day. Your card will be charged in USD and the converted amounts are not necessarily the exact amount which will appear on your card statement. While all care has been taken in making available and maintaining the currency conversion rates displayed on this site, such conversion rates are estimates only of currency conversions that may apply to a transaction. These rates are provided for information purposes only without express or implied warranty. The currency conversion rates should not be relied upon as actual currency conversion rates that may be applied to any particular transaction as such rates will frequently fluctuate over time and vary between various financial providers.
05_PURCHASE CONTRACT
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
06_PURCHASE PRICING & AVAILABILITY
While returned.org strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information, returned.org has the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, returned.org may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We aim to keep our prices stable but please be aware that costs of freight, delivery, insurance, and various expenses may be beyond our control and therefore are subject to change.
All prices are shown in the currency of choice, inclusive of relevant sales tax (if necessary) other taxes as appropriate.
Please note that delivery costs will be charged in addition. Such additional charges are clearly displayed where applicable and included in the “Total Cost.”
07_INTERNATIONAL BUYING AND SELLING; TRANSACTING ENTITIES
Our Services are accessible to international sellers and buyers. Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
When transacting in American Dollars (USD), the ensuing financial transaction is between the user and returned.org Incorporated (EIN 84 300 8178), a non-profit public benefit corporation in the United States of America with Section 501(c)3 tax exemption status.
08_ORDERS, DELIVERIES & FREIGHT
We aim to process your order within 2-5 business days of receiving your order. Please refer to the detailed product description for delivery information and approximate length of time until your order is due to arrive.
We will send you an email when your order is processed and your card debited or if there are any changes to your order that we wish to keep you informed of, in which case we will await your authorization before processing the order. We cannot accept responsibility of any orders for products that have become unavailable for any reason. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Cancellations for orders are only accepted prior to shipping.
09_REFUND POLICY
In the rare event that wrong products are received, the correct products will be re-shipped, and charges for the product value corrected, only if the received products are returned in an unopened, resalable condition. While returned.org uses quality packaging and delivery services, we are not responsible for damage in transit that is deemed, at our discretion, to be beyond our control.
10_CUSTOMER SERVICE CONTACT & COMPLAINTS
If you have a question or experience a problem with your transaction, contact us immediately and we will work with you to resolve the issue. We will make every effort to respond to all inquiries within 3 business days.
If you have a complaint, we similarly encourage you to contact us – we operate a complaints handling procedure which we will use to try to resolve disputes when they first arise.
All comments, problems or complaints should be directed to us via email.
11_PRIVACY
We value your privacy. returned.org is dedicated to keeping all personal information secure. All reasonable measures will be taken to ensure physical security, computer, and network security, communications security, and personnel security is properly managed and maintained. We reserve the right to retain personal information for our data base unless specifically requested not to. We will NOT sell or exchange your personal information. We will NOT release personal information about you to anyone else. Our Privacy Policy, as well as all notices, representations and agreements specified therein, is specifically incorporated herein by reference in full.
12+LINKING TO THIS WEBSITE
You may link to the home page of www.returned.org, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Further, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.
13_COPYRIGHT AND TRADEMARKS
The content of this site is owned by returned.org and protected under the United States Copyright Act of 1976. No part of this website may be reproduced, reused, retransmitted, adapted, published, broadcast, or distributed for any commercial purpose whatsoever without returned.org’S prior written permission unless expressly permitted under the above acts. All names, logos, and trademarks are property of returned.org or the third parties who have contributed to this site. Nothing on the site should be interpreted as granting any rights to use or distribute any names, logos, or trademarks, without the express written agreement of returned.org or the relevant contributor.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold any providers of our product catalog or us responsible for inaccuracies in the catalogs. The product catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
14_AUTHORIZATION TO CONTACT YOU; RECORDING CALLS
You agree to receive calls, including autodialed and/or pre-recorded message calls, from returned.org at any of the telephone numbers (including mobile telephone numbers) that we have collected for you, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
To contact you for reasons relating to your account or your use of our Services, or as authorized by applicable law;
To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out by contacting returned.org at [email protected].
We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the returned.org corporate family and/or our affiliates, for their use. Members of returned.org corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.
returned.org may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with returned.org or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with returned.org may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by returned.org, and returned.org does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
15_DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. The material displayed on this our website is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by the law, returned.org disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this site, or relying on any detail contained on the site or omitted from this site.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Availability of products is subject to change without further notice and we cannot be held responsible for the non-availability of ordered products.
To the fullest extent permitted by applicable law, we and any content providers, suppliers and advertisers hereby specifically and expressly exclude and disclaim all warranties of any kind, including but not limited to all express or implied warranties, terms and conditions including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
In addition, to the extent permitted by applicable law, we and our Related Entities (defined to include our subsidiary, affiliated, related and parent corporations, companies and divisions, professional corporations, members, partnerships, limited partnerships, limited liability companies, partners, limited partners, officers, directors, shareholders, board members, employees, managers, employers, associates, principals, independent contractors, administrators, agents, affiliates, experts, legal representatives and attorneys, agents for collections, other agents, representatives, insurers, trusts, trustees, beneficiaries, executors, joint venturers, heirs, predecessors, successors and assigns) are not liable, and you agree not to hold us or our Related Entities responsible for, any damages or losses including but not limited to loss of money, goodwill, reputation, profits or other intangible losses or any special, indirect, punitive, or consequential damages (hereafter, “Damages or Losses”), or any other grievances, allegations, demands, liabilities, debts, losses, obligations, promises, damages, injuries, costs, compensation, commissions, interest, penalties, expenses (including without limitation, attorneys’ fees), lawsuits, actions (in law, equity or otherwise), rights and privileges, and causes of action including but not limited to breach of contract, breach of implied in fact contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, negligence, fraud, negligent misrepresentation, intentional or negligent interference with contract or economic advantage, indemnity, statutory or common law unfair competition, invasion of privacy, and all other injuries of any nature, kind and description, in law, equity or otherwise whether not now known or ascertained – hereinafter collectively referred to as “Claims” – which result directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, shipping or other guidance provided by returned.org;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any returned.org Service;
- a suspension or other action taken with respect to your account or breach of these terms.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you if you reside in such a jurisdiction.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the price of the item purchased. Certain portions of the website allow entities and persons who are NOT employees, agents or representatives of returned.org (“Non-returned Posters”) to post written, visual or photographic content. returned.org expressly disclaims any responsibility or liability for content posted by Non-returned Posters, and reserves the right to remove such content or pages at any time, for any reason, in its sole determination and election
16_RELEASE
If you have a dispute with one or more users, you release us and our Related Entities as defined above, from all Claims as defined above, and from Damages or Losses as defined above as well as any other demands (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
17_INDEMNITY & REPRESENTATION OF USER
You agree not to carry on any activity in relation to returned.org website which might involve returned.org in liability. You further agree to indemnify and hold us and our Related Entities harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of returned.org’S Services or your breach of any law or the rights of a third party.
18_LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND returned.org HAVE AGAINST EACH OTHER ARE RESOLVED.
You and returned.org agree that any claim or dispute at law or equity that has arisen or may arise between us or our Related Entities which relates in any way to or arises out of this or previous versions of returned.org User Agreement, your use of or access to the Services, or any products or services purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
For the purposes of this Legal Disputes Section, returned.org will be defined to include all Related Entities.
- Applicable Law
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and returned.org, except as otherwise stated in the User Agreement.
- Agreement to Arbitrate
You and returned.org each agree that any and all disputes or claims that have arisen or may arise between you and returned.org relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to returned.org’S Services, or any products or services sold, offered, or purchased through returned.org’S Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relie
YOU AND returned.org AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND returned.org AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
19_GENERAL
GENERAL
Returned.org’s United States office is located at 1111 W Mockingbird Ln #920, Dallas, TX 75247, United States.
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.
Headings are for reference purposes only and do not limit the scope or extent of such Section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on our website. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an returned.org representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on returned.org website.
We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of our website.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and returned.org and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: all sections and provisions relating to contracts and copyrights, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
Last Updated: August, 2021