TERMS + PRIVACY

PLEASE READ THESE TERMS OF USE AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES.

Welcome to the Fishtoes website (the “Site). Fishtoes (“Fishtoes,” “we,” “us” or “our”) is an apparel resale business, providing quality secondhand women’s, men’s and children’s clothing, shoes, accessories and home decor. Fishtoes provides the Site as a service to our customers.  The following Terms of Use and Conditions establish a legally binding agreement (the “Terms”) between you and Fishtoes LLC and its affiliates, as well as any other services owned or operated by Fishtoes LLC, including fishtoes.com governing your use of our website(s), store, other services and/or content available through the foregoing (collectively, the “Services”). You also agree to and accept our Privacy Policy, which describes how we use the information you provide Fishtoes.

By purchasing items on the Site, using the Services, or otherwise indicating your agreement to these Terms, you consent to be bound by these Terms and you represent and agree that (1) you have read, understand, and consent to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) . If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any items on the Site.

These Terms govern how claims you and Fishtoes have against each other can be brought. These Terms will require you to submit claims you have against Fishtoes to binding and final arbitration on an individual basis. You will not submit claims as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.

Terms Of Use Updates

We can update or modify these Terms, our Privacy Policy, our policies, and/or the Services at any time. Your use of the Services after any change constitutes your agreement to follow and binds you to these Terms and Privacy Policy as edited. We will always post the most current version of our Terms here: Terms Of Use and our Privacy Policy here: Privacy Policy.

Privacy And Data Storage

Please read our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Services. If there is an issue between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. If you do not agree with our collection, storage and use of such personal information (as described in the Privacy Policy) do not use our Services.

Pricing, Purchasing And Product Descriptions

In order to make any purchase on the Site and while using the Services, you are required to have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method declines, we may collect fees owed using other collection methods. This includes, but is not limited to, charging a portion of the owed amount, charging other payment methods on file with us or using collection agencies. Fishtoes will store and update (e.g. upon expiration) your payment method on file to ensure uninterrupted service and to enable you to conveniently make additional purchases. If you choose to use a third party payment service offered by Fishtoes, including but not limited to PayPal, you are subject to their terms of use and privacy policies.

Our listing prices and inventory availability are subject to change at any time without notice. Pricing or typographical errors may happen. In response to when an item is listed at an incorrect price or contains incorrect information (based on an error in pricing or product information), Fishtoes reserves the right, at our sole discretion, to cancel any orders placed for that item.

Fishtoes has the right to cancel any sale, promotion, discount, coupon, gift card and/or incentive before its originally stated expiration date without notice and at our sole discretion. All prices are quoted in U.S. Dollars and all promotions may be limited to U.S. customers. Except when otherwise stated, the possibility of loss for all products you order passes to you upon our delivery to the carrier.

Fishtoes does not validate that product descriptions or other content of any Services is correct, complete, current or free of errors. Due to our items being secondhand, they do not uphold their original warranties or guarantees from the manufacturer. We do our best to display accurate colors and styles of our items. We cannot guarantee that your computer monitor’s display of any color or style will be correct.

Fishtoes Trademark

Please note that Fishtoes is an independent reseller of like-new clothing, accessories, furniture and home decor and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third party brand names and logos used in any commercial context by Fishtoes are trademarks and/or registered trademarks of their respective holders. Any such appearance does not imply any affiliation with or endorsement of Fishtoes.

In connection with your use of the Services, you shall not engage in or use any data mining, robots, scraping or any kind of data gathering or extraction methods. Any use of the Services other than as specifically stated herein is strictly prohibited. You agree not to duplicate, copy, modify content on the Site. Any rights that are not expressly granted herein are reserved by Fishtoes.

The entire content of the Site is copyrighted as a collective work under U.S. copyright laws. All Fishtoes logos, slogans and graphics that are displayed through the Services are trademarks of Fishtoes. You may not use, copy or imitate them, in whole or in part, without our permission and written consent.

Communications With Fishtoes

When you use our Services, contact us through the Site, send us emails, text messages, you agree to receive communications from us electronically. If you wish to opt-out of communications with Fishtoes, you may remove yourself from email communications by clicking the “Unsubscribe” link in the footer of our emails or by emailing us directly at [email protected].

Right To Access

The use of the Site or the Services is intended for adults over the age of 13 years old and is not intended for use by anyone under 13 years old. If you are under the age of 18 year old, you may use the site with consent from a parent or guardian, to whom is bounded by these terms regarding the minor’s use of the Site and the Services.

Disclaimer/Limited Of Liability

You agree that, to the fullest extent permitted by applicable law, neither Fishtoes nor our affiliates, partners, agents, employees or licensors are responsible or liable for any loss, theft, destruction, damage or modification of any sort.

Arbitration Agreement

In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by emailing us at [email protected].

If you cannot settle any Dispute through email communication, a dispute will be resolved through Binding Individual Arbitration, which binds you and all Fishtoes parties to settle your Dispute by an independent arbitrator, not through a judge or jury. All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. All facets of the dispute and arbitration agreement, proceeding, and any ruling and/or award by the arbitrator, will be strictly confidential.

Return & Refund Policy

Because Fishtoes is a small business, we do not currently accept returns or refunds of any kind. Except when otherwise stated, the possibility of loss for all products you order passes to you upon our delivery to the carrier.

You have a right to know about the information we collect from you. Our Privacy Policy describes the types of information about you that Fishtoes LLC. (“Fishtoes”, “we”, “us”, and “our”) collects, uses, and shares when you visit our website.

By using our Services, you agree to the terms set forth in this Privacy Policy.  If you have any difficulties acquiring the information in this Privacy Policy, please email us at [email protected]

The Information We Collect

The list of personal information we collect/have collected includes the following:

Personal Identifiers – such as your name, age, clothing size, self-identified gender, age, email address.

Online Identifiers – such as social media handles/usernames, mobile phone number, account credentials, shipping and billing address. operating system information, device information, IP address, as well as the date, time, length of stay and your browsing/search history, including the specific pages accessed during your interactions with the Services.

Financial Information – such as your credit card information (when completing an order),  purchasing history, product reviews, etc. 

Location Information – such as location retrieved from an IP address or data that specifies a city or postal code (when completing an order) to  deliver goods and services to you, market to you and personalize our goods and services to you.

Communication Information – such as when you reach out to us with questions or concerns, or when you voluntarily respond to our requests seeking your opinion and feedback.

Audio Information – such as when we collect voice recordings if you contact us for customer service.

Employment-Related Information – such as your employment and education history, resume, cover letter, transcript, writing samples, and references to consider you for job openings at Fishtoes.

From Communications You Create With Fishtoes

If you contact us in person, by phone, email, instant message, social media, reseller applications (such as Poshmark.com, Mercari.com, Grailed.com, etc.) or by some other means (either through our Services or through another entity), we may collect and keep a record of your information (as listed above).

Reasons Why We Collect And Use Customer Information

We may use all of your Personal Information (as listed above) to:

• validate your identity or verify your eligibility for some of our products, services, and promotions.
• gauge the effectiveness of our website, advertising and marketing.
• provide or enhance our Services and test quality assurance.
• offer you with additional services related to our Services and/or technical support.
• track, market and advertise our Services.
• answer requests or questions from you.
• respond to your comments.
• manage your purchases, submissions and refunds.
• personalize promotional emails and share new items, updates and promotions with you.
• contact you about Services or policy updates.
• research analytics and improve and update our products and services.
• oversee internal research and analytics.
• enforce our rights and/or enforce agreements (if we determine a policy violation has occurred).
• tax, legal, accounting, audit or other purposes.
• comply with laws, regulations, court orders and subpoenas or other requests for information by authorities.
• negate unauthorized access to our systems and use of our Services.
• protect the safety of our business, our Services and the customers who use our Services.
• aid us in fraud prevention or investigation.
• process your Fishtoes job application.
• conduct a background check, prior to hiring you as an employee with Fishtoes.

To Whom We Disclose Information

We may supply everything from the above list of Personal Information to our business partners, employees, commercial partners, agents and service providers (when needed) to allow them to carry out services, such as email marketing, order fulfillment, payment processing and website-related services on behalf of Fishtoes.

Everything from the above list of Personal Information could be shared if we go out of business, go through a change of control or go bankrupt. If an acquirer of our company alters how it uses or shares your Personal Information than the acquirer will provide prior notice of the new or changed practice as required by law, at the time of initial collection.

We will provide everything from the above list of Personal Information to government or law enforcement officials or private parties as we see fit when responding to claims and legal process, to protect our rights or the rights of our customers, as well as to ensure the safety of the public or any person, or to prevent or halt activity we may believe is illegal, unethical or legally actionable.

Data Retention

Fishtoes saves Personal Information for the reasons described in this Privacy Policy, we will securely store it or delete it.

Your Rights Are To:

• understand the above list of Personal Information that we have stored about you.
• the business or commercial purpose for collecting and storing your Personal Information
• access the specific pieces of Personal Information that we have stored about you.
• understand if we have disclosed your Personal Information for business purposes.
• understand the list of parties to whom we have given your Personal Information.
• ask us to delete your Personal Information.
• ask us to correct your Personal Information. 
• never be discriminated based on the exercising of these rights.

The above listed privacy rights are available to all of our customers. If you wish to exercise any or all of these rights request to (know, delete, or correct your Personal Information), email us at [email protected].  Once we receive your request email, we may ask for more information from you to verify your identity. If we are unable to verify your identity, we will not honor your request.