Terms & Conditions

1. INTRODUCTION & ACCEPTANCE OF TERMS

WEARBY ("the Platform") is a curated online marketplace owned and operated by WEARBY DIGITAL SERVICES S.L., a corporate entity legally incorporated and existing under the substantive laws of Spain. The Platform acts exclusively as a specialized digital intermediary that enables verified public figures, creators, performers, and athletes ("Sellers") to list and sell authentic personal items from their private collections directly to registered end users ("Buyers").

By registering an account, accessing, browsing, or using the Platform, you represent that you have read, understood, and unreservedly agree to be legally bound by these Terms & Conditions. If you do not agree to these terms, you must immediately cease all use of the Platform.

2. ROLE OF THE PLATFORM AS INTERMEDIARY

WEARBY DIGITAL SERVICES S.L. operates strictly as an intermediary digital service provider. WEARBY does not take title to, own, inspect physically, hold possession of, buy, or resell any item listed on the Platform. Every transaction executed through the Platform constitutes a direct, legally binding contract concluded solely between the individual Buyer and the individual Seller. Consequently, the Seller remains exclusively liable for the descriptive accuracy, legal compliance, pricing, authenticity, and physical fulfillment of the item. WEARBY DIGITAL SERVICES S.L. disclaims all liability arising out of or in connection with transactions executed between users, except as expressly set out in Section 13 (Lost, Damaged, or Undelivered Shipments) below.

3. USER ELIGIBILITY & ACCOUNT MANAGEMENT

To access the Platform as a Buyer, users must possess full legal capacity to execute binding contracts and must be at least eighteen (18) years of age, or the age of legal majority in their jurisdiction of residence if higher.

WEARBY recognizes that many verified creators, athletes, and public personalities eligible to sell on the Platform are themselves minors. A prospective Seller who has not reached the age of legal majority may still be featured and verified as the creator behind a listing, subject to the following split of responsibilities:

• (a) Platform-level verification (handled by WEARBY): WEARBY verifies the minor's public identity as a creator, including their active social media presence, audience metrics, and platform-conforming media, in the same manner as any other applicant under Section 4.
• (b) Account, payout & legal onboarding (handled exclusively by Stripe Connect): The Seller account that is contractually bound to WEARBY, the linked Stripe Connect payout account, and the associated legal name, tax identification, and bank details must belong to a parent, legal guardian, or duly authorized legal representative of the minor ("the Account Holder"). This onboarding, including whether an Account Holder is permitted to operate a payout account on behalf of a minor creator, is carried out entirely on Stripe Connect's own infrastructure and is governed by Stripe's own KYC policies, eligibility rules, and identity requirements, which WEARBY does not control and cannot override. The Account Holder assumes full legal and financial responsibility for the account, including compliance with these Terms, tax reporting obligations, and any disputes.
• (c) How to start the process: Because this scenario requires linking a minor's verified creator profile to an adult Account Holder before Stripe onboarding can begin, the parent, guardian, or legal representative must first contact WEARBY at hello@wearby.co to request setup of a minor-creator account. WEARBY will confirm the necessary documentation and guide the Account Holder through platform verification before they proceed to Stripe Connect's own onboarding flow. Minors may not independently register, hold, or operate a Seller account, list items, or receive payouts in their own name.

Registration requires providing accurate, complete, and current information. Buyers may access and purchase items globally, subject to localized carrier coverage. Sellers (or, where applicable, their Account Holder) must operate as individual private sellers (particulares) and legally reside within a jurisdiction natively supported by Stripe Connect onboarding.

WEARBY reserves the absolute, discretionary right to approve, reject, temporarily suspend, or permanently terminate any user account at any time, without prior notice or liability, for any breach of these Terms or behavior detrimental to the platform community.

4. CREATOR VERIFICATION & LISTING APPROVAL

All prospective Sellers must successfully pass a manual verification protocol enforced by WEARBY prior to obtaining listing privileges. This process may include government-issued identity verification, evaluation of active public social media channels, and mandatory submission of platform-conforming physical media.

WEARBY maintains strict editorial control and reserves the absolute right to reject any seller application, de-list any item, or remove uploaded content that fails to satisfy quality parameters, internal safety standards, or platform aesthetics, without owing compensation or justification to the user.

Where the creator behind a listing is a minor, WEARBY's verification is limited to confirming the minor's public identity and social media presence; the Account Holder's identity, legal authority, and financial onboarding are verified separately by Stripe Connect as described in Section 3.

5. INVENTORY INTEGRITY, PHOTOS & AUTHENTICITY

Sellers are strictly prohibited from listing commercial items, wholesale inventory, commercial dropshipping products, or goods they have not personally owned and utilized. Every single item listed must be an authentic, pre-owned, personal asset from the creator's wardrobe or collection.

To ensure high listing integrity and absolute transparency, every listing must include a detailed, accurate textual description and exactly two (2) mandatory real photographs: (i) a high-resolution close-up capturing the exact condition of the physical item, and (ii) an explicit verification photo showing the verified creator holding or visibly wearing the item. Stock photos, internet renders, or third-party images are strictly banned.

6. SECURE DELIVERY, ANONYMITY & BUYER PRIVACY

To guarantee the personal safety, digital security, and residential privacy of our verified public figures and creators, WEARBY enforces a proprietary Secure Delivery protocol for all logistics. The physical shipping label generated automatically by the Platform will strictly conceal the Seller's private legal name, personal residential address, and contact details, replacing them with a neutral logistics fulfillment identity and address.

Buyers are explicitly notified and agree that they will not receive the private contact or residential address of the creator on their shipping labels or documentation. Bypassing this system to track, harass, contact, or uncover the identity or physical location of any platform user constitutes an immediate, irreversible breach of these Terms, resulting in permanent account termination and immediate referral to local law enforcement authorities.

7. CART ARCHITECTURE & ITEM RESERVATION TIMERS

Because items hosted on WEARBY are exclusive, unique, one-of-one pieces belonging to private individual collections, standard cart multi-allocation is mechanically impossible. Merely adding an item to the shopping cart does not isolate or reserve the item, which remains fully active and available for checkout by other users on the platform.

An exclusive temporary reservation is strictly initiated only when a Buyer progresses into the active checkout interface. This action triggers an automated, non-negotiable fifteen (15) minute countdown timer. If the buyer fails to successfully execute the secure payment authorization within this 15-minute window, the reservation instantly expires, the session terminates, and the item is automatically returned to the public marketplace pool.

8. FINANCIAL ARCHITECTURE & ESCROW MECHANISM

All platform payments are collected, processed, and disbursed through integrated secure Stripe Connect payment pathways. WEARBY DIGITAL SERVICES S.L. does not store or process payment card data. Sellers are required to establish, complete onboarding for, and maintain an active Stripe Connect account linked directly to their verified bank accounts.

When a transaction occurs, the transaction capital is securely captured and placed into an automated escrow hold. These funds are held securely and are not accessible to either party. The payout is automatically released and transferred into the Seller's linked Stripe account exactly forty-eight (48) hours after the designated logistics carrier marks the parcel tracking status as "Delivered" to the destination address, provided that no official critical dispute has been registered by the Buyer within that 48-hour confirmation window.

9. MARKETPLACE COMMISSIONS & MONTHLY STATEMENT CONSOLIDATION

WEARBY DIGITAL SERVICES S.L. charges a clean twelve percent (12%) digital marketplace intermediation commission on the final item sales price for every successfully completed transaction. There are no registration fees, monthly subscription fees, or upfront listing fees. The 12% fee is automatically deducted from the escrowed gross amount at the moment the 48-hour delivery confirmation window lapses. Sellers acknowledge that per transaction, they are responsible for the payment processing fees charged directly by Stripe Connect.

Sellers operate exclusively as private individuals (particulares) rather than commercial retail businesses. To facilitate compliant personal record-keeping, WEARBY will issue a consolidated automated monthly commission summary statement at the conclusion of each calendar month. This official statement itemizes all the 12% digital intermediation commissions retained by the platform during that month for that seller's records.

10. TAX REPORTING & REGULATORY COMPLIANCE (DAC7 DIRECTIVE)

In accordance with European Union Directive 2021/514 (commonly referred to as "DAC7") and its corresponding transposition into Spanish tax legislation, WEARBY DIGITAL SERVICES S.L. is under a strict statutory legal obligation to collect, verify, and report detailed fiscal and transactional data to Spain's tax authorities (Agencia Estatal de Administración Tributaria - AEAT) regarding Sellers operating within the European Union.

This mandatory reporting requirement applies automatically to any Seller who achieves thirty (30) or more successfully completed marketplace transactions, or collects total gross sales proceeds exceeding two thousand Euros (€2,000) within a single calendar year on the Platform.

Sellers explicitly acknowledge and agree to fully cooperate and provide all requested tax identification markers, individual NIF/NIE, verified legal physical addresses, and financial account certifications required to fulfill this reporting obligation through the integrated Stripe Connect onboarding gateway. Failure, refusal, or omission by a Seller to provide verifiable fiscal data within the legally prescribed timelines empowers WEARBY DIGITAL SERVICES S.L. to immediately execute administrative countermeasures, including the temporary freezing of payout distributions, suspension of active listings, or the permanent termination of the Seller's account.

11. BUYER LOGISTICS, ESTIMATES & SHIPPING FEES

Logistics costs are paid exclusively by the Buyer. Shipping fees are dynamically calculated and applied automatically at checkout based on the volumetric item weight category specified by the platform and the precise buyer destination address, including an operational adjustment fee to ensure secure logistics management. Any delivery timeframes displayed on the platform are non-binding estimates provided by third-party carriers.

Sellers are strictly legally required to drop off and dispatch the package using the platform-generated shipping label within a mandatory window of five (5) calendar days from the purchase confirmation date. Failure to ship within 5 days authorizes WEARBY to automatically cancel the transaction and issue a full refund to the Buyer.

12. INTERNATIONAL TRADE, CUSTOMS & TARIFFS

Cross-border shipments may be subjected to import duties, local customs clearance taxes, or administrative tariffs upon entry into the destination country. These charges are completely external to WEARBY and are determined independently by local border authorities. All customs compliance duties, tariff expenses, or clearance costs are the exclusive, sole financial and legal responsibility of the Buyer.

13. LOST, DAMAGED, OR UNDELIVERED SHIPMENTS

Because the Seller dispatches the item using the platform-generated shipping label, risk of loss or damage occurring after the parcel has been handed to the designated logistics carrier and prior to confirmed delivery is addressed through the following framework, rather than being left solely between Buyer and Seller.

If a parcel is confirmed lost in transit by the logistics carrier, or arrives visibly damaged in a manner inconsistent with normal handling, the Buyer must notify WEARBY within forty-eight (48) hours of the earlier of: (i) the carrier's official confirmation of loss, or (ii) delivery. WEARBY will place or maintain the transaction escrow hold, request supporting evidence (including photographs of damaged packaging and carrier correspondence), and directly liaise with the logistics carrier to resolve the claim.

Where the carrier confirms the loss or damage occurred in transit and the Seller has demonstrably complied with the platform's packaging and drop-off requirements, the Buyer will receive a full refund from the escrowed funds, and the Seller will not be penalized. Where WEARBY determines that damage resulted from inadequate packaging attributable to the Seller, WEARBY may hold the Seller responsible for the refund in place of, or in addition to, pursuing the carrier. This Section operates as a sub-category of the Critical Dispute Resolution Framework described in Section 15.

14. ABSOLUTE NO-RETURN & NO-CANCELLATION POLICY

Because WEARBY operates strictly as an intermediary platform facilitating private individual peer-to-peer sales (C2C) of unique, single-inventory, one-of-one personal items, all transactions are legally final. The standard right of withdrawal (derecho de desistimiento) or voluntary retail return policies do not apply under applicable consumer protection legislation for private peer sales.

We enforce an absolute zero-return, zero-exchange, and zero-cancellation policy. Returns or cancellations requested due to a change of mind, personal preference shifts, or sizing issues are strictly denied. Buyers are legally bound to thoroughly verify all listing specifications, measurements, condition descriptions, and verification photographs prior to executing a purchase.

15. CRITICAL DISPUTE RESOLUTION FRAMEWORK

A Buyer may file an official critical dispute within a strict, non-extendable window of forty-eight (48) hours following delivery tracking confirmation. Disputes will only be admitted under highly narrow, specific categories: (i) complete misrepresentation of item condition resulting in severe undisclosed defects, (ii) receipt of an entirely incorrect physical item, (iii) clear objective evidence of lack of authenticity, or (iv) loss or transit damage confirmed under Section 13.

Once a dispute is formally submitted with clear photographic and video evidence, the transaction escrow hold remains frozen. WEARBY will review the evidence objectively and mediate the case. The final arbitration decision made by WEARBY is legally binding and non-appealable by both parties as between Buyer and Seller, without prejudice to a Buyer's statutory right to pursue the out-of-court and judicial avenues described in Section 20. If no dispute is filed within 48 hours of delivery, the transaction is closed permanently, funds are un-escrowed to the seller, and no subsequent claims will be heard under any circumstances.

16. PROHIBITED ITEMS & CODE OF CONDUCT

Users are strictly prohibited from listing, buying, or promoting counterfeit merchandise, stolen property, illegal goods, hazardous elements, or items breaching third-party intellectual property rights. Users must communicate respectfully through platform-provided features. Any attempts to bypass the platform's financial structure, complete transactions off-platform, or solicit private direct contact details will result in immediate permanent banning and forfeiture of pending balances.

17. LIMITATION OF LIABILITY & PLATFORM INDEMNITY

WEARBY DIGITAL SERVICES S.L. provides its services on an "as-is" and "as-available" basis without warranties of any kind. WEARBY explicitly disclaims all liability for any indirect, incidental, punitive, or consequential damages, financial losses, or reputational harm arising from item defects, seller shipping delays, courier failures, platform downtime, or fraudulent user conduct, except as expressly provided in Section 13. Users agree to indemnify and hold completely harmless WEARBY DIGITAL SERVICES S.L. and its directors from any third-party legal claims. Nothing in this Section excludes or limits liability that cannot be excluded or limited under applicable mandatory law.

18. INTELLECTUAL PROPERTY

All software architecture, graphics, designs, source code, logos, brands, and digital text styling present on the Platform are the exclusive intellectual property of WEARBY DIGITAL SERVICES S.L. No user may copy, scrape, modify, or redistribute platform assets without prior express written authorization.

19. FORCE MAJEURE

WEARBY shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, labor disputes, internet or telecommunications failures, or disruptions affecting Stripe Connect, logistics carriers, or other integrated third-party infrastructure providers.

20. REGULATORY COMPLAINTS & OUT-OF-COURT DISPUTE SETTLEMENT

The European Union's Online Dispute Resolution (ODR) platform was discontinued by the European Commission as of July 2025 and no longer accepts complaints. EU-resident Buyers seeking an out-of-court resolution may instead consult the list of national consumer dispute resolution bodies maintained by the European Commission, or, in relation to complaints about WEARBY's conduct as an online platform, may contact an out-of-court dispute settlement body certified under Article 21 of Regulation (EU) 2022/2065 (the Digital Services Act). Nothing in this Section affects a Buyer's right to bring proceedings before the competent courts.

21. GOVERNING LAW & JURISDICTION

These Terms & Conditions, along with any external or internal disputes arising out of the use of the platform, shall be governed by, construed, and enforced in accordance with the substantive laws of Spain. Buyers and Sellers submit to the exclusive jurisdiction of the competent Courts of Madrid, Spain, to resolve any legal conflict, without prejudice to any mandatory consumer protection rights that a Buyer may have to bring or defend proceedings before the courts of their own country of residence under applicable European Union law.

22. CONTACT INFORMATION

For any formal legal inquiries, contract clarification, corporate feedback, or critical support resolution, please contact the platform administration directly via email at: hello@wearby.co