Terms of Service

Last updated: May 19, 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of Restoked's marketplace platform ("Service"). By creating an account or using our Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, you may not use our Service. Your authorization to access and use Restoked's Service is intended for your individual use only. You may not assign, share, sell, or otherwise transfer your Account or access rights to anyone else. This permission is granted to you on a non-exclusive basis.

  • These Terms of Service represent the complete and exclusive agreement governing our relationship with you. All prior versions are superseded and replaced entirely by the latest version of these Terms of Service.
  • If any provision in these Terms of Service is found to be unenforceable, the rest of the Terms will continue to govern our relationship.
  • Should you violate these Terms of Service, our failure to act immediately does not constitute a waiver of any of our rights, and we reserve the right to take action at a later time.

Restoked is developed and maintained in Zurich, Switzerland. By using Restoked, you agree to comply with all local laws and regulations. All matters relating to these Terms of Service, including any disputes, will be governed by Swiss substantive law, excluding its conflict of law rules. For more information, refer to section 19.

2. Account Requirements

While anyone can browse and view listings on our Service, you must register and create an account with a valid email address and password to participate in marketplace activities such as buying, selling, or interacting with other users. When creating an account, we strongly recommend using secure passwords that combine uppercase and lowercase letters, numbers, and special characters to protect your account

Account Eligibility & Conditions:

  • Email verification is mandatory to create an account
  • You are required to have the legal authority to enter legally binding agreements in your jurisdiction
  • The minimum age to become a user of Restoked is 13 years old. We do not intentionally collect information from users under 13 years old, and if we become aware of any personal information collected from users under 13 years old, we will promptly remove it
  • Restoked can terminate your account at any time for any reason
  • Restoked can request additional verification to ensure compliance with our policies

Account Security and Verification:

  • It is your responsibility to keep your account login information secure and private.
  • Notify Restoked immediately if you notice any suspicious activity or believe your account has been compromised.
  • You are responsible for all activities conducted through your account

3. Privacy and Data Protection

We take your privacy seriously. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Service, you agree to our data practices as described in our Privacy Policy.

4. Marketplace Participation & Item Listings

Our platform connects individuals who wish to buy or sell second-hand items. Sellers are expected to showcase their items with truthful details and accurate photos. Each successful purchase forms a binding agreement between the buyer and seller.

Payment Handling:

  • All financial transactions are managed exclusively through our integrated payment system, powered by Stripe.
  • Sellers must register for a Stripe Account to receive payouts.
  • By engaging in sales, you accept Stripe&s user agreements and conditions (Including the Stripe Terms of Service and Stripe Connected Account Agreement)
  • When you take part in a transaction, you grant Restoked permission to process the payment through Stripe both during and outside of your active sessions
  • Transactions performed on Restoked are non-recurring payments
  • The final payment amount reflects the total of your selected items and applicable fees
  • Accurate and up-to-date personal or business details are required for payment setup.
  • Information you provide may be shared between Restoked and Stripe solely for transaction processing.

Transaction Guidelines:

  • Off-platform payments are not allowed.
  • Attempting to circumvent our payment process is strictly forbidden.
  • Should your Stripe account have a negative balance:
    • You are required to pay reimbursement for any amount owed to another user, or to Restoked if Restoked was required to pay out a reimbursement as a result of the negative balance in your account.
    • We may restrict your access to marketplace features
    • We may close your account if the issue is unresolved

Obligations of Buyers and Sellers:

  • Buyers and sellers are individually responsible for honoring each transaction.
  • Sellers have the freedom to determine their own pricing.
  • We encourage both parties to communicate directly to resolve misunderstandings.
  • Our support team may step in to help resolve disputes if needed.
  • Any item subject to age restrictions must be clearly identified by the seller, and buyers must adhere to these requirements.

Our Role and Service Boundaries:

  • We do not inspect or guarantee the condition, legitimacy, or safety of items listed for sale.
  • We do not verify the accuracy of the information provided by sellers (such as listing titles, descriptions, or images), or whether the seller has the legal right or ability to sell the item.
  • Completion of every transaction is not assured.
  • We are not responsible for disagreements or issues that arise between users.
  • Our involvement is limited to operating the marketplace infrastructure and facilitating user interactions.

All arrangements for the purchase of an item are exclusively between the buyer and the seller. Any complaints, inquiries, or claims concerning a Sale Item should be addressed directly to the seller

5. Prohibited Activities

  • Intentionally providing false or misleading information
  • Allowing unauthorized use of your account or allowing another person to use your account
  • Using the service while suspended or banned
  • Sending spam or repetitive messages
  • Engaging in illegal activities or encouraging, marketing, or offering to sell prohibited items
  • Interfering with or hacking the service
  • Introducing harmful software or code
  • Collecting data without authorization
  • Creating multiple accounts without permission
  • Posting offensive or unlawful, or otherwise inappropriate content
  • Attempting to influence, distort, or tamper with the way user ratings, reviews, or feedback are collected, displayed, or calculated in a manner that is dishonest, deceptive, or against the law
  • Infringing intellectual property rights or other rights of the owner
  • Selling items you don't own or have rights to sell
  • Using payment methods outside our platform
  • Circumventing our fee structure
  • Sharing private or confidential information about another user without their consent
  • Data mining or scraping
  • Reverse engineering the service
  • Unauthorized commercial use of Restoked content
  • Drop shipping without proper authorization

Prohibited Items:

  • Fake or Counterfeit items
  • Any item that breaches a person's rights
  • Any item that is prohibited by applicable laws
  • Drugs or items used for drug consumption
  • tobacco products or accessories associated with tobacco use
  • Weapons or items associated with violence
  • Items that promote or encourage gambling
  • Adult or pornographic content
  • Items that promote or encourage illegal activities

Inappropriate User Content:

  • Content that is illegal or promotes unlawful activities
  • Material containing nudity, sexually explicit imagery, or graphic violence
  • Posts that insult, bully, threaten, or harass others
  • Submissions that are false, deceptive, or intentionally misleading
  • Language or material that is vulgar, obscene, or profane
  • Content that defames, demeans, or unfairly attacks individuals or groups
  • Offensive remarks or content that could be considered derogatory or discriminatory

6. Rules of Acceptable Use

Account Maintenance:

  • Keep your contact information (e.g. email address) up-to-date and check it regularly
  • Maintain accurate account information

Unless applicable legal requirements or tax laws dictate otherwise:

  • You are responsible for all taxes related to your sales on Restoked
  • You comply with applicable tax laws and regulations
  • You will provide required tax information when requested to verify tax compliance
  • You will reimburse us for any costs incurred due to tax non-compliance

Consequences of Violations:

  • Non-compliance with the Rules of Acceptable Use and Prohibited Activities is considered a material violation of these Terms of Service and may lead us, at our sole discretion and with or without prior notice, to take any or all of the following measures:
    • Temporary or permanent account suspension
    • Removal of listings or other user content
    • Issuance of warnings
    • Legal action against you potentially including recovery of costs and damages caused by your actions or negligence
    • Notifyinh and disclosing information to law enforcement
  • We may investigate violations and take immediate action
  • We reserve the right to take any other appropriate action

7. Payment and Transaction Process

  • When a buyer accepts a seller's offer, the total amount (including fees and shipping costs) is reserved from the buyer's payment method
  • By clicking "Buy" on the payment page, a buyer accepts a seller's offer and the agreed transaction is binding
  • A transaction is concluded when the buyer confirms acceptance of the item, or after their two day return period has passed, as described in the transaction conditions (Section 11)
  • If the transaction is not completed within 7 days, the payment reservation will be held
  • Upon successful completion, funds are transferred to the seller within 30 days, minus applicable fees
  • If the seller fails to ship within 7 days, the payment reservation is cancelled
  • For returns:
    • Buyers must initiate returns within 2 days of receiving the item
    • Returns must be shipped with tracking within 3 days of initiation
    • Only shipping costs and service fees are charged if return conditions are met
    • Shipping costs are transferred to the seller, and fees are transferred to Restoked
    • For returns that are initiated but not shipped within 3 days, the transaction is considered to be completed as would have been the case if the buyer accepted the item
  • A payment processing fee will be subtracted from the paid by the buyer for each completed sale, as described in Section 8
  • Users are responsible for ensuring their credit card and any other chosen payment methods are valid and sufficiently funded when making payments. If a transaction is processed but payment is unsuccessful or incomplete, Restoked may issue an invoice for the outstanding balance. Users are required to reimburse Restoked in full for any expenses incurred as a result of late or unpaid amounts.

8. Fees and Charges

  • When a buyer confirms purchase of an item and the transaction is completed, 2% of the sale price is retained by Restoked as a service fee
  • Where applicable, VAT is as a fee collected in addition to Restoked's service fee and retained by Restoked on completion of each transaction
  • Fees and Charges are retained using services provided by Stripe
  • We reserve the right to adjust these fees at any time, with changes applying only to new transactions
  • Users are responsible for ensuring their payment methods are valid and have sufficient funds
  • Failed payments may result in additional charges to cover processing costs
  • The seller or buyer involved in a transaction my request receipt of Fees and Charges by contacting support@restoked.ch

9. Content Ownership & Intellectual Property

  • By submitting content to our platform—including but not limited to images, text, videos, product descriptions, reviews, and other materials—you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display such content solely for the purpose of operating, promoting, and improving the Service.
  • Our permission to use your user content does not impact your privacy rights, and we will handle any personal information strictly in accordance with our Privacy Policy.
  • You ensure you have rights to post content
  • We may moderate, remove, or modify content that violates our policies
  • All platform content, design, and software is owned by Restoked or used with permission
  • You may not use our trademarks, logos, or brand features without written permission
  • These Terms of Service grant you no rights or licenses to Restoked's intellectual property, materials, content, name, or trademarks, except as expressly stated herein.

10. Content Moderation and Reporting

  • User content is not reviewed or moderated by us prior to being posted on the Service. However, we reserve the right to review, moderate, remove, or reject any user content at any time if we determine it violates our Terms of Service or is otherwise inappropriate.
  • You agree that any user content you submit while using the Service will comply with these Terms of Service.
  • Even after user content is deleted from the Service we may retain copies as necessary, for example to fulfill legal requirements.
  • To the extent allowed by law, we are not responsible for any loss of User Content.
  • We reserve the right to modify or remove any of your content at our discretion, without prior notice or approval from you.
  • Anyone who believes that content on our Service violates their rights or does not adhere to our Rules of Acceptable Use may notify us by submitting an “Infringement Notice” to:
    • our email address: support@restoked.ch
    • our physical address: SwissMailBox - 418, 12 Rue Le Corbusier, 1208 Geneva, Switzerland
  • When submitting a notice to support@restoked.ch, include:
    • Your contact information
    • Description of the violation or infringement
    • Location of the problematic content
  • We will review reports and take appropriate action, and reply to your notice within a reasonable time with information about our decision and the action taken.

11. Transaction Rules

Transaction Process:

  • A seller's offer is accepted and a transaction begins and becomes binding when a buyer clicks "Buy" on the payment page
  • The buyer acknowledges the item description and commits to the purchase terms

Transaction Conditions:

  • The transaction is subject to two key conditions:
    • The seller must ship the item via tracked mail within 7 days of purchase
    • The buyer has 2 days after receiving the item to initiate a return
  • The transaction will be cancelled if The seller fails to ship within 7 days

Transaction Completion:

  • A transaction is considered complete when:
    • The 2-day return period has passed without a return request
    • The buyer manually confirms receipt of the item

12. Shipping and Delivery

  • Sellers are responsible for shipping items to buyers using a tracked delivery method.
  • Sellers must accurately specify shipping costs in the product listing; neither Restoked nor the buyer will cover any extra postage fees.
  • Buyers pay the shipping fees shown in the listing when they confirm their purchase at checkout.
  • All returns must be sent using tracked shipping. If a buyer request a return, they are respomnsible for the shipment and the associated costs.
  • An item is considered delivered or returned once the tracking service shows it as delivered.
  • In the event of loss or damage during shipping, any compensation for the seller is provided by the shipping provider, subject to their terms and acceptance of the claim. For details, please refer to the the shipping provider website.
  • Restoked is not liable for customs fees, import taxes, duties, or similar charges related to shipping or delivery. Sellers are responsible for determining if such charges apply and for reimbursing Restoked within 14 days of our request if the associated charges are billed to us by authorities.

13. Service Limitations and Liability

  • The decision to buy or sell an item rests solely with you.
  • We do not guarantee any aspect of the sold items, including their condition, delivery, or the accuracy of details such as price, description, or availability.
  • We are not responsible for ensuring that sellers honor inaccurate information or that buyers are able to complete their purchases for any items listed or promoted on our Service.
  • The service may experience interruptions for maintenance or technical issues. No assurances are made regarding the service&s performance or availability, or the content hosted on the servie&s performance or availability in these Terms of Service, and to the fullest extent permitted by law, we disclaim any implied or statutory warranties.
  • You acknowledge that the internet is not completely secure and that submitting user content or other information may involve security risks.
  • We provide the Service "as is" without warranties
  • Our liability is limited to the fees paid for the specific transaction in dispute, to the fullest extent allowed by applicable laws
  • We are not responsible for:
    • Third-party websites or services
    • Losses or damages that could not have been reasonably anticipated, nor are we responsible for any indirect, financial, business, or reputational losses, to the fullest extent allowed by applicable laws
    • Indirect or consequential losses
    • Damage or loss resulting from viruses, malware, or other software intended to disrupt or compromise the Service
    • Claims related to the service including disputes between users, accessed content, or user interactions—we accept no liability, except where the law prohibits us from limiting or excluding responsibility.

14. User Indemnification

  • You agree to cover our costs if legal claims arise from your actions or negligence
  • You agree to hold us harmless against any claims or demands that may arise from your conduct
  • Assist in defending such claims if requested
  • Not hold us responsible for disputes with other users

15. Dispute Resolution

  • In the event of a dispute with us, you agree to contact us first at support@restoked.ch to attempt to resolve the issue informally.
  • In the event of a dispute with a seller, from whom you have purchased an item, you agree to:
    • Report non-delivery disputes within 90 days of purchase by contacting us at support@restoked.ch
    • Provide proof of purchase of the item
  • If you can supply additional information and would like to pursue the reopen or appeal a closed dispute, you can us at support@restoked.ch

16. Termination

Ending Your Use of the Service:

  • You must stop using the Service if you no longer agree to these Terms
  • To deactivate your account, contact us at support@restoked.ch from your registered email
  • We may require verification of your identity for account deactivation requests

Our Right to Terminate:

  • We may terminate your access if you:
    • Violate the Rules of Acceptable Use
    • Break any important terms or conditions
    • Fail to comply with these Terms of Service
  • We reserve the right to withdraw the Service at any time and for any reason without notice
  • We are not liable for any losses resulting from service withdrawal

Consequences of Termination:

  • We may delete or modify your:
    • User content
    • Account information
    • Other stored data
  • You will lose any rights to access:
    • The Service
    • Your user content via our service
    • Our platform content
  • Some content may remain visible if it is still used by other users
  • No compensation will be provided for any losses
  • Any outstanding financial obligations towards Restoked remain due after account closure

17. Service Updates and Changes

  • We may update the Restoked'sService to improve functionality, add features, address technical issues, or comply with legal requirements
  • Changes may affect existing features or content, causing components to be added, modified or removed, which may affect your past activites on the service
  • You acknowledge that modifications will be made to our service, and this ongoing development is a fundamental condition of your access. By continuing to use the Restoked after updates are made, you indicate your acceptance of those changes. You may choose to stop using Restoked or close your Account at any time by emailing us at support@restoked.ch from the email address associated with your account.

18. Terms Updates

  • We may update these Terms of Service periodically. Any changes will become effective either three days after we send you a notification email or as soon as the updated Terms are published—whichever occurs first.
  • We will notify you of significant changes via email or through the platform
  • By continuing to use Restoked, you agree to be bound by the revised Terms
  • There are times when it is necessary to implement changes immediately to the Service, and in such cases, we may proceed without providing advance notice to you.

19. Governing Law

  • We may assign or transfer our rights and obligations under these Terms, in whole or in part, to another party at any time without notice
  • Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party
  • Restoked will not be liable for any failure or delay in fulfilling its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, strikes, labor disputes, government actions, or other force majeure events. In such cases, Restoked will be entitled to a reasonable extension of time to perform its obligations

20. Contact Information

  • Should you have any questions or concerns regarding these Terms of Service or any related documents, please reach out to us at support@restoked.ch
  • When you submit feedback, you acknowledge that you waive any rights to that feedback, allowing us and others to freely use it without limitations or compensation to you.
  • Email: support@restoked.ch
  • Address: Kennedy Technology
    SwissMailBox - 418
    12 Rue Le Corbusier
    1208 Geneva
    Switzerland

These Terms constitute the entire agreement between you and Restoked regarding the Service. If any part is unenforceable, the rest remains valid.

So what's this all about?

At Restoked, we connect surfers, skaters and snowsports lovers to make the best deals on used equipment and clothing. Support your sport's community and help protect the environment by buying and selling used gear!