Terms of Service 

Last updated 20th February 2024

1. Welcome to Nearly New Crew

Nearly New Crew is a marketplace for nearly new items.

1. Nearly New Crew can be accessed our website and soon to be released app (the Service)
2. The Service is operated by Nearly New Crew Limited (currently a trading name of SDW Recruitment Ltd, registered in England and Wales under company number 05215892 and with its registered office at Azets, 3 Eastwood Court, Broadwater Road, Romsey, Hampshire, England, SO51 8JJ (weour or us).

2. Your relationship with us

These are our terms. Make sure you understand and agree to them before using Nearly New Crew. Let us know if you need help in understanding what they mean for you.

1. These terms are the rules that govern your access to and use of the Service (the Terms of Service). 

2. By setting up an account and/or using the Service, you agree you will be bound by the Terms of Service. If you do not agree to the Terms of Service, please do not use the Service. 

3. If there is anything in the Terms of Service that you do not understand, please contact us via email hi@nearlynewcrew.com or call 023 80336633 so we can help.

3. Information about you and your privacy

Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share your information.

4. Who can set up an account with us?

Anyone aged 13 or over can use Nearly New Crew. You can use Nearly New Crew for business purposes but some of the provisions in the Terms of Service will apply differently to you and your business.

1. To use our Service, you need to register with us by setting up an account with a username and password (your Account). You must provide us with accurate and complete information so that the Service can operate properly. If any of your details change, you must update your information by logging into your Account. We also ack you to upload a valid copy of Photo ID and proof of address, as part of our user validation process, keeping the platform safe and ensuring good intentions form all users, whether buying or selling.

2. Children under the age of 13 are not allowed to use Nearly New Crew. You’ve got to be at least 13 years old to use the Services or at least over the age at which you can provide consent to data processing under the laws of your country, if that is older than 13 years old. 

3. If you want to use Nearly New Crew for commercial purposes (meaning wholly or partly for the purposes of your trade or profession) you will be a Business User and you and your includes you and the business or entity on behalf of which you are accessing or using the Services. If you’re a Business User:

The person using the Business User’s Account must be an authorised representative of that business or entity with the authority to bind the business or entity to the Terms of Service.

By opening an Account, you agree to the Terms of Service on behalf of the business or entity.

5. Keeping your account details safe

Keep your account details to yourself. If you think anyone else knows your details, let us know so we can take steps to keep your account secure. 

1. Keep your password, or any other piece of information you have been given or chosen as part of our security procedures, confidential and do not share with anyone else.

2. If you know or suspect that anyone other than you knows your password, let us know as soon as possible by contacting us via email hi@nearlynewcrew.com or call 023 80336633.

6. How does Nearly New Crew work? 

Nearly New Crew platform enables users to buy and sell items from other third-party users (peer-to-peer). 

1. Our Service enables you to buy and sell items from other Nearly New Crew community users.

2. We want our Service to be a positive experience for our community of users. You must honour the commitments you make to other users when you use the Service and only list items that comply with the Terms of Service and our Policies.

3. If you are: 

  • Purchasing an item, the agreement for the purchase is made solely between you and the seller. 
  • Selling an item, the agreement for the sale is made solely between you and the buyer.  

4. Sellers are responsible for making sure items are fit for purpose, safe, legally compliant and match the description provided in the listing. It is important that you point out any wear marks or defects.

5. You are also responsible for making sure that any age-restricted items are marked clearly with the applicable age restriction (as required by law). Buyers agree that they will not buy an item if they are younger than the advertised and legal age restriction. 

7. What are the rules for using Nearly New Crew?

We want Nearly New Crew to be a safe space for everyone, so you must follow our rules. 

1. You may only use the Service to: 

  • Sell items that you have the right and title to sell to buyers.
  • Upload User Content that complies with our Terms of Service. User Content is any content that you post using our Services, including usernames, shop bios, photos, videos, descriptions, comments, messages, links and other materials.  
  • Browse and purchase items listed on the Service. 

2. You may not use the Service to: 

  • Do anything illegal or which is in breach of applicable law.
  • Do anything for improper purposes. 
  • List or sell any item on the List of Prohibited and Restricted Items.  
  • Post any User Content that does not comply with these Terms of Service or any of our Policies. 
  • Do anything that is fraudulent or deceptive or post any User Content that is false or misleading. 
  • Use or share another user’s User Content without their consent
  • Modify, interfere with, intercept, disrupt or hack the Service, mine data, scrape or crawl the Service, including any internal software capabilities used to offer our Service (e.g. an application programming interface), or use any bots or other third party software on the Service.
  • Test, circumvent, monitor or breach the security measures of our Service.
  • Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s equipment.
  • Collect any data from the Service other than in accordance with the Terms of Service.
  • Use any photographs, images, text, music or video that belongs to someone else without their permission, post content that does not belong to you.
  • Make use of the materials and content making up the Service for any other purpose than using the Service in accordance with the Terms of Service. 
  • Transfer your right to use the Service to another person or to sell, gift or transfer your Account to another person. 
  • Post any commentary about another person without that person’s permission. 
  • Post any private or confidential information relating to you or another person. 
  • Offer to sell an item that you do not possess (also known as drop shipping), unless you have personally designed it. 
  • Bully, threaten, defame, abuse, spam, harass, behave inappropriately towards or otherwise violate the rights or interests of others.
  • Support, praise, glorify, represent or depict terrorist or extremist organisations, or known members of such organisations.
  • Link to any third party websites, apps or platforms. 
  • Coordinate pricing with other sellers.
  • Create more than one Account, unless we agree otherwise. 
  • Permit another person to use the Service under your name or on your behalf (unless you are a Business User, in which case section 4.3 of these Terms of Service will apply).
  • Interfere with or manipulate any ratings system or user feedback system. 

3. Failure to comply with the Terms of Service or any of our Policies will be treated very seriously by us and may result in us:

  • Temporarily or permanently removing any User Content (including the removal of items listed on the Service). 
  • Temporarily or permanently withdrawing your right to use the Service and/or temporarily or permanently deleting your Account.  
  • Taking legal action against you. 
  • Disclosing information to law enforcement authorities if we reasonably feel it is necessary or we have a legal obligation to do so.

8. How are items paid for on Nearly New Crew?

All items purchased on Nearly New Crew must be paid for using Our Payment Gateway via Stripe or Bank Transfer to our account  

1. Payment for transactions must take place via Stripe, which accepts payment by major credit or debit cards, Apple Pay, Google Pay. We also accept Bank Transfer directly to our account which buyers must clearly state order number as the reference,

2. If we need to reimburse a buyer you will be required to repay us for this amount and a debt will be created for the amount that you owe us for the refund.

8. Requesting, making or accepting payment for an item in any other way (known as an off platform payment) is a serious breach of the Terms of Service and may result in us suspending or terminating your access to the Service in accordance with section 7.3 of these Terms of Service. 

9. Please see below the fees we charge sellers & buyers for using our Services:

Sellers Fee15% (including VAT) of your sale as a fee, this allows you to enjoy the benefits of our platform without compromising your earnings. This contributes towards essential aspects of our platform such as visibility, secure transactions & dedicated customer support.

Buyers Fee – 10% (including VAT) on all purchases. By paying a small buyer’s fee you’re allowing us to invest this in creating a secure & safe platform for everyone, from secure transactions to reliable customer support.

10. We will provide buyers & sellers with an invoice detailing the Fee paid for each transaction.

11. For sellers, our Fee will be deducted directly from the final sale price of the item, showing your net earnings in your dashboard where you can request a payout to your chosen bank account.

12. For buyers, our Fee will be added to the cost of the item, payable at time of purchase.

10. If we suspend or terminate your access to the Service (in accordance with section 7.3 of these Terms of Service), we may withhold any amounts that have not yet been paid out to you for 180 days from the applicable transaction date, or such other period where required by law enforcement or in compliance with sanctions rules.  

9. Shipping, delivery & collection

1. As a buyer you may need to pay an additional amount on top of the item price for shipping or delivery. Shipping services can be offered via postal or courier service, or by Nearly New Crew’s own local collection & delivery service.

2. Sellers are responsible for packing and shipping items to buyers. As a seller you agree to:

  • Dispatch your item to the buyer’s address as soon as possible and in accordance with any timelines set out in your shop policies.
  • Provide mutually convenient times for collection by the buyer if you have offered this option on the item listing.
  • Provide mutually convenient times for collection by an employee of Nearly New Crew if the buyer has opted to utilise our local collection & delivery service.
  • If sent by postal or courier service, provide valid proof of tracked shipping in case the item does not arrive with your buyer. Valid proof of tracked shipping must show that the item was actually dispatched and sent to the buyer’s address. 

10. Your content

We can use any content you post on Nearly New Crew to provide the service or operate our business. 

1. You own all the rights in, and are solely responsible for, your User Content. You represent that you have all necessary rights to all parts of your User Content and that you’re not infringing or violating any third party’s rights by posting it.

2. By posting your User Content, you grant us a worldwide, non-exclusive, irrevocable, sub-licenseable, perpetual and royalty-free licence to use, display, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, store, licence, sub-licence, assign, transfer, prepare derivative works, and exploit your User Content (including any intellectual property rights included in the User Content) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business, including for marketing purposes. You agree not to assert any moral rights or rights of publicity against us for using your User Content. You also recognise our legitimate interest in using it, in accordance with the scope of this licence, to the extent your User Content contains any personal information.

3. If you delete your User Content:

  • It may continue to appear on our Service, if you have shared your User Content with other users. 
  • It’s possible that search engines will continue to find and display your User Content as part of their search results, if you made your User Content available through other companies’ services.

4. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.

5. We may refuse to post, moderate, reject, remove, or delete any User Content if we think that it breaches (or risks breaching) these Terms of Service or any of our Policies, or otherwise creates risks for us or our community. If we do so, we will inform you that your User Content is in breach of our Terms of Service or Policies, and the action we have taken up to and including the termination or suspension of your right to use the Service as set out in these Terms of Service.

6. User Content removed from the Service may continue to be stored by us, including in order to comply with legal obligations, or where your User Content has been shared by others. For more information about what happens to your User Content if our relationship ends, see section 14 of these Terms of Service. 

11. Reporting unauthorised content

Let us know if you think any content on Nearly New Crew infringes your rights or does not comply with these Terms of Service and we will take action, as appropriate. 

1. We have great respect for intellectual property rights and committed to following appropriate legal procedures to remove infringing content from the Service. If you think that any content available through our Service infringes your rights or fails to comply with these Terms of Service, you can let us via email – hi@nearlynewcrew.com  

We will take the action that we believe is appropriate depending on the nature of the infringement and will aim to respond to you within a reasonable period of time on the action we propose to take.

12. If you want to end our relationship

If you don’t want to use Nearly New Crew anymore, you can do this on the platform or by contacting us to deactivate your account.  

1. If you would like to end your use of the Service by closing your Account, you can do so by following the steps below:

  • You can close your Account in the user settings.
  • You can request closure of your Account by emailing hi@nearlynewcrew.com with your full name & username. 

2. If a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the user in question.

3. Closing your Account will not affect any outstanding payments you have with us.

13. If we want to end our relationship

We can end your use of Nearly New Crew on notice or if you are in breach of our Terms of Service. Make sure you backup any content you value as we cannot guarantee it will always be available. 

1. We may terminate your Account or your right to access or use all or any part of the Service without cause by giving to you not less than 45 days’ notice.

2. We may terminate your Account or terminate your right to access or use all or any part of the Service if you have failed to remedy a breach of the Terms of Service within 30 days, unless we can demonstrate that you have repeatedly been in breach or if there is a real risk of loss or harm were you to continue to use our Service in which case notice to terminate will be effective immediately. 

3. We may terminate or suspend your Account (and any Accounts Nearly New Crew determines are related to your account) and your access to or use of the Services based on a risk or reasonable belief that you, your User Content, or your use of the Services violates or may violate the Terms of Service. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy via our website or to create a new Account. Generally, Nearly New Crew will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated the Terms of Service or we have legal or regulatory reasons to not notify you. 

4. If we terminate or suspend your right to access or use the Service, or we find that your User Content is in breach of our Terms of Service or Policies, we will provide a statement of reasons at the time notice is given. No statement of reasons will be given where: 

  • We are subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds. 
  • Notice to terminate is given and we can demonstrate that you have repeatedly infringed the Terms of Service.

5. If you or we end your use of the Service, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. As we do not guarantee the permanent availability of User Content, we encourage you to maintain your own backup of your User Content. You agree that you will not rely on the Service for the purposes of User Content backup or storage. 

6. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.

14. Our liability/responsibility to you

We try to make Nearly New Crew the best service we can, but we can’t promise it’s perfect and there are certain things that Nearly New Crew won’t be liable for. 

Whether you are a consumer or a Business User:

1. We provide the Services with reasonable care and skill.

2. We do not accept responsibility for any loss or damage:

  • That was not caused by our breach of the Terms of Service. 
  • That was not, at the time you agreed to the Terms of Service, a reasonably foreseeable consequence of us breaching the Terms of Service. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Terms were entered into, both we and you knew it might happen. 

If you are a Business User:

4. We make no warranty or representation to you with respect to the Services other than what is expressly set out in the Terms of Service. In particular we do not represent or warrant to you that:

  • Your use of the Services will meet your requirements.
  • Your use of the Services will be uninterrupted, timely, secure or free from error. 
  • Any information obtained by you as a result of your use of the Services will be accurate or reliable or free from error. 
  • Defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

5. Subject to 15.2 above, we will not be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Terms of Service or the provision or receipt of the Services for any:

  • Loss or harm caused by viruses, worms or other programmes designed to impair the Service. 
  • Loss of profit, goodwill, opportunity, data, business or business reputation. 
  • Business interruption. 
  • Indirect or consequential losses, including where such loss or damage is of the type listed above.

6. Our total aggregate liability whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with the Terms of Service is limited to the Fee payable in connection with that sale transaction.

15. Your responsibility to us if you are a Business User

If you’re a Business User and a third party brings a claim against Nearly New Crew because of something your business has done on Nearly New Crew, you have to pay our fees and costs.

1. If you are a Business User, you agree to defend, indemnify, and hold harmless Nearly New Crew, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and all claims, liabilities, costs, damages, losses and expenses (including legal fees and expenses) arising out of or in connection with: 

  • A sale transaction including in relation to the terms of sale, or any other claim that may arise between a buyer and a seller. 
  • Any actual or alleged infringement of a third party’s intellectual property rights in connection with an item or your use of or activity on the Service. 
  • Any sales, use, value added, excise, business or other taxes or fees, or any customs or duties charges levied on any sale transaction you make on the Service.

16. Resolving Disputes

If you have a dispute with us, please contact us by email hi@nearlynewcrew.com so we can try and sort things out. If you’re a Business User, we  can also offer mediation.

Disputes with us: 

1. If you have a dispute with us relating to the Service, in the first instance please contact us via email hi@nearlynewcrew.com  and we will try to resolve the issue informally.

2. We prefer to resolve any disagreement through the internal complaint handling system as this offers the quickest and most cost-effective solution to everyone involved.

3. If you are a Business User and you are not satisfied with the outcome of our internal complaint handling system, you may refer your dispute to the Centre for Effective Dispute Resolution (CEDR) for mediation. Should the parties agree to enter into mediation they will make reasonable attempts to resolve the dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.

Disputes with other users relating to a transaction: 

4. Sellers are ultimately responsible for the items sold to buyers on Nearly New Crew. Whilst Nearly New Crew can provide support in resolving disputes between users, buyers should engage with sellers directly to resolve disputes.

6. To raise an issue or dispute with another Nearly New Crew user, follow the steps below: 

  • For items that have not arrived. Buyers should raise a dispute via email to hi@nearlynewcrew.com stating order number and summary of the dispute. Sellers will receive a notification if their buyer has raised a dispute and Nearly New Crew will only step in if the issue cannot be resolved between buyer and seller.
  • If you’ve received an item which isn’t as described or for all other issues. You’ll need to open a case directly with Nearly New Crew by emailing hi@nearlynewcrew.com detailing in full the issue.

7. If a dispute is escalated to Nearly New Crew, or a case is opened, Nearly New Crew will attempt to help you resolve disputes in good faith and based solely on our interpretation of our Policies, in our sole discretion. We will not make judgments regarding legal issues or claims. Users must comply with all timelines set by Nearly New Crew whilst we attempt to resolve your dispute. Nearly New Crew has no obligation to resolve any disputes however, as a seller, you agree that Nearly New Crew may resolve a dispute or case on your behalf, which may include (but is not limited to) issuing a refund to the buyer and recouping funds from your earnings from sold items.

17. Changes and limitations to the Service 

Now and then we make changes to our Service. We try to make sure Nearly New Crew is always up and running but occasionally this isn’t possible.

1. We are constantly updating and improving the Service. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service. These changes to the Service may affect your past or current activities on the Service, features that you use and your User Content.

2. You understand that it is important for us to be able to make changes to our Service and this is an important basis on which we give you access to the Service. 

3. You also understand that our Service will not always be available or be uninterrupted. Although it is our intention that our Service is available as much as possible, there may also be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. We will do our best to let you know if the Service is going to be interrupted but there may be times we cannot do so, for example if we need to make emergency repairs.

18. Changes to the Terms of Service

We may need to update the Terms of Service from time to time and we’ll give you notice if we believe the changes are material. You can see when we last made changes at the top of this page. 

1. We may update the Terms of Service to: 

  • Reflect changes in our services or how we do business, for example, when we add new features. 
  • Take account of changes in the law. 
  • Address a security risk or prevent abuse of our Services.

2. If we make a material change to the Terms of Service, we’ll provide you with reasonable advance notice, except in urgent situations, such as to address a security risk or if we are responding to a legal obligation placed on us. If you don’t agree to the updated terms, you should stop using the Services and terminate your account. 

3. Every time you use the Services, please check the Terms of Service to ensure you understand the terms that apply at that time. You will be able to see when the Terms of Service last changed by looking at the “effective date” at the top of this page.

19. General terms

These are important legal terms about how the Terms of Service work as a contract. Let us know if you need any help in understanding what they mean for you.

1. The current version of the Terms of Service and our Policies contain the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service or our Policies will no longer apply to our relationship and will be completely replaced by the current version.

2. If a court or relevant authority finds part of the Terms of Service illegal, the rest will continue in force. Each of the paragraphs of the Terms of Service operate separately, so if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs remain in full force and effect. 

3. If you do not comply with the Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

4. The Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and Nearly New Crew.

5. The Terms of Service are between you and us. No other person shall have any rights to enforce any of its terms.

20. The law and venue that apply to the Terms of Service

1. The Terms of Service (and any related disputes) are governed by the laws of England. These laws will apply no matter where in the world you live.

2. The English courts will have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising from or related to your use of the Service. If you live outside of England, you may be able to bring legal proceedings in respect of the Services we provide you under the Terms of Service either in the English courts or in the courts of your country of residence.

21. Contact, feedback and complaints

If you need to contact us, please contact us via email hi@nearlynewcrew.com

1. If you need to contact us about the Terms of Service or any other document mentioned in them, please contact us on the email address above.

2. We value hearing from our users and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

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