March 10, 2023
PLEASE READ THESE TERMS CAREFULLY.
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
1.1 Fast Refund Co Ltd, a company incorporated and registered in England and Wales under company number 13751491 whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“Ante”, “we”, “us” and “our”), publishes the platform accessible via our own website https://antereturns.com, the websites of our partners and on the Android and iOS app stores under the name “ANTE RETURNS” (being, along with any other website or application for web or smart devices published by Ante from time to time, the “Platform”).
1.2. The Platform provides an all-in-one returns and shopping service, allowing you to view and manage all of your online returns in one place and spend the balance of any refund quickly and easily.
2. WHAT ARE THESE TERMS?
2.1. The purpose of these terms and conditions (the “Terms”) is to set out the terms by which you, as a user who has created an Account (as defined below) on the Platform to use our services to manage your returns (“Customer”, “your” and “you”) are permitted to access and use the Platform, as well as to set out our rights and obligations.
2.2. These Terms are only applicable to you if you are a Customer. If you are a business and using the Platform as a merchant in respect of purchases made from your store or e-commerce platform (“Merchant”), please view our Merchant Terms and Conditions here.
3. BY USING THE PLATFORM YOU ACCEPT THESE TERMS
3.1. By using the Platform, you confirm that you accept these Terms without amendment and that you agree to comply with them.
3.2. If you do not agree to these Terms, you must not use the Platform.
4. THERE ARE OTHER TERMS WHICH MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of the Platform:
5. HOW TO CONTACT US
5.1. To contact us, please email firstname.lastname@example.org or telephone our customer service line on 0203 813 0283.
5.2. If we need to contact you, we will do so by telephone or by writing to you at the email address you provided to us when you registered an Account (as defined below) with us.
6. CREATING AN ACCOUNT
6.1. As a Customer, upon using the Platform for the first time you will be required to create an account (an “Account”) with us in order to use the Platform to view and manage your returns, purchase from Merchants and benefit from discounts and/or promotional offers made available by Merchants from time to time.
6.2. In order to create an Account, you will be required to enter your full name, email address and telephone number. At the point of creating an Account, you will be required to agree to these Terms. The email address you use to register should be the same email address you use to shop online.
6.3. By creating an account with us, you guarantee that:
(a) you are aged 18 or older; and
(b) the information you provide to us is accurate, complete and current at all times.
6.4. You will receive an email confirmation from Ante once your Account has been successfully created.
6.5. Ante does not use passwords. To login to the Platform, all you will need is the email address you used to sign up with. Upon entering your email address on the login screen, Ante will automatically send you an email with a secure sign-in link. Click on the link to gain access to your Account.
6.6. You are responsible for the security of your Account and/or login details associated with any relevant email account used to access your Account. Ante will accept no responsibility for any loss or damage suffered to any Customer as a result of them sharing any Account details, including but not limited to sharing or losing any relevant email account login details or any security breach related to such email account.
6.7. You must inform Ante immediately if you believe that your Account and/or login details associated with any relevant email account used to access your Account have been lost, stolen, misused or compromised in any way. You irrevocably authorise Ante to take any measures we consider appropriate in our sole and absolute discretion to protect your Account and/or the Platform.
6..8. We have no obligation to honour your request to create an Account and may elect in our sole and absolute discretion to refuse your request to do so without giving any reason.
7. MAKING A RETURN
7.1. Once you have registered an Account with us, Ante will automatically collate any orders you have made with participating Merchants that are available to return (an “Order”) using the email address you registered with. Orders will appear on the ‘Orders’ tab.
7.2. From here, you can begin processing a return for any unwanted item(s) to the Merchant by selecting the relevant Order and placing a return using our ‘Returns Checkout’ (a “Return”). Once a Return has been placed, you will be able to track the progress of the Return on the ‘Returns’ tab.
7.3. Once you have placed a Return via the Returns Checkout, you are responsible for sending the item(s) back to the relevant Merchant using your chosen method in accordance with the returns and/or cancellation policy issued by that Merchant from time to time (the “Merchant Returns Policy”). You must not return the items to Ante as we are not able to process return(s) and/or issue refunds on behalf of Merchants.
7.4. The features available on the Platform will allow you to search for and view in-app directions to your nearest drop-off point to return your item(s). Ante will email you with the QR Code which can be used to return the item(s) by sending the Return back to the Merchant in accordance with their Merchant Returns Policy and via an established courier service (“Carrier”).
7.5. You acknowledge that you are solely responsible for any item(s) returned to the Merchant by way of a Carrier and accordingly we shall not be liable for any item(s) lost or damaged in transit and/or undelivered, whether due to the fault of you or the Merchant.
7.6. The Return will be completed by taking the item(s) to the chosen Carrier drop-off point and having the Carrier scan the QR Code provided via the Platform.
7.7. A QR Code relating to a Return must be scanned within the returns deadline specified in the relevant Merchant Returns Policy for you to qualify for a Refund (defined below) (a “Return Event”).
7.8. Upon the occurrence of a Return Event, Ante will receive proof of postage and a tracking number for your Return and automatically share this with the Merchant and you, so that you may use the Platform to track the progress of your Return.
8. REQUESTING A REFUND
8.1. Subject at all times to the availability in respect of a particular Merchant, you may request either of the following in relation to a Return:
(a) a refund to the payment method you used to purchase the Order (a “Standard Refund”); or
(b) store credit at the Merchant you purchased the Order from (a “Store Credit Refund”);
(in each case a “Refund”).
8.2. Where you request a Standard Refund, you will only be entitled to receive the Standard Refund once the Merchant has received the Return at their warehouse or any other location it may designate from time to time and at its sole discretion in light of any item inspection carried out in line with its Merchant Returns Policy. The Merchant will issue the Refund to you using the original payment method you used to pay for the Order. This will typically be within seven (7) days of receiving your Return, but could be up to thirty (30) days depending on the Merchant.
8.3. Where you request a Store Credit Refund, Ante will issue an online store credit discount code (“Store Credit”) to you immediately upon a Return Event being completed, subject always to the applicable Merchant Returns Policy. Customers may view and spend Store Credit via the Platform by navigating to the ‘Wallet’ tab, selecting the relevant Store Credit and copying the relevant code at the in-app checkout of the relevant Merchant.
8.4. Ante does not charge Customers a fee for processing a Refund, however subject to the terms of the applicable Merchant Returns Policy (for example, if a Merchant does not offer free delivery and/or returns), you will be required to pay the relevant fees directly on the Platform via Stripe at the time the Return is requested (“Returns Fee”). Alternatively, any applicable Returns Fee, or any proportion of the Returns Fee not covered by the Merchant, be deducted via a payment card you have registered with us or via an e-commerce platform such as Shopify.
8.5. If, for any reason, a Return Event is not completed within the specified deadline and/or in breach of the Merchant Returns Policy, for example:
(a) if you return the wrong item and/or item(s); or
(b) a Return contains damaged, obviously worn and/or any missing item(s),
you acknowledge that you shall be solely responsible and liable to the Merchant in accordance with the relevant Merchant Returns Policy to settle any sums due in respect of any such item(s). This may result in any amount being deducted from the Refund balance prior to us returning the amount to you upon instructions from the relevant Merchant.
8.6. Ante, acting in its own capacity and in line with any Merchant Returns Policy, reserves the right to in our sole and absolute discretion:
(a) enforce any withholding of a Standard Refund or any part of a Standard Refund;
(b) rescind any Store Credit;
(c) allow the Merchant to charge your payment card in part or in full if any item is missing or returned in an unacceptable condition; and/or
(d) suspend and/or block access to your Account,
where you consistently fail to complete a Return for any of the reasons set out at clause 8.5.
9.1. Customers who have received a Refund via the Platform will be eligible to benefit from exclusive deals and discounts offered by our participating Merchants, including additional “Boost” discounts where you opt for a Store Credit Refund (a “Reward”). Ante shall have no liability to any Customer if any Merchant fails to provide or honour a Reward as described on the Platform.
9.2. All Rewards are subject to the availability and discretion of the Merchant and may be subject to stock limitations.
9.3. Unless agreed otherwise with a Merchant directly in writing, Rewards have no economic value and may not be exchanged for cash or a Refund in any circumstances. At the discretion of the Merchant, a Reward may be added as a bonus to any issued Store Credit.
9.4. Where a Reward requires a Customer to purchase goods or services from a Merchant in order to redeem the Reward, they shall not affect the consumer rights of the Customer in any way.
9.5. Each Reward is subject to the specific terms and conditions (if any) provided by the Merchant in respect of the Reward.
10. AVAILABILITY OF THE PLATFORM
10.1. The Platform is made available by Ante to Customers free of charge.
10.2. Ante does not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. We shall not be liable for any loss or damage caused by any inability to access the Platform, or any feature or functionality of the Platform.
10.3. Ante may amend, suspend, withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
10.4. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
11. YOUR USE OF THE PLATFORM AND ITS CONTENT
11.1. All information available and displayed on the Platform (the “Content”) and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Ante, unless specifically labelled otherwise.
11.2. You may access, view and use the Platform only in accordance with these Terms.
11.3. You are responsible for configuring your device in order to access the Platform and are responsible for implementing your own Virus (as defined below) protection software.
11.4. You undertake to comply fully with any and all local, national or international laws and regulations that apply to your use of the Platform.
11.5. You shall:
(a) provide Ante with:
(i) all necessary co-operation in relation to these Terms; and
(ii) all necessary access to such information as may be required by Ante;
in order for Ante to process and manage your Returns and otherwise provide you the services available on the Platform;
(b) without affecting your other obligations under these Terms, comply with all applicable laws and regulations while using the Platform;
(c) be, to the extent permitted by law and except as otherwise expressly provided in this agreement, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to Ante data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer’s network connections or telecommunications links or caused by the internet.
11.6. You shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us and except to the extent expressly permitted under these Terms:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; or
(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; or
(c) access all or any part of the Platform in order to build a product or service which competes with Ante; or
(d) use the Platform to provide services to third parties; or
(e) use the Platform in any way or for any purpose that is unlawful or fraudulent; or
(f) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Platform or any Content on it; or
(g) introduce or permit the introduction of, any worms, Trojan horses, viruses and other similar things or devices (each a “Virus” and together the “Viruses”) any Virus into Ante’s network and information systems.
11.7. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and, in the event of any such unauthorised access or use, promptly notify Ante.
12. CHANGES TO THESE TERMS
12.1. We may amend and update these Terms from time to time. We will notify you of any changes to these Terms by emailing you at the email address associated with your Account and/or by posting a notice on the Platform.
12.2. By continuing to use the Platform and/or by requesting or managing any returns or using any other service on the Platform after any change to these Terms has been notified to you in accordance with clause 12.1, you are deemed to have agreed to the amended Terms.
13. OUR RIGHTS TO END THESE THERMS
13.1. We may terminate these Terms and your access to the Platform immediately if you are in material breach of any of the provisions, clauses or terms contained in these Terms and either the breach is incapable of remedy or the breach is not remedied within a period of seven (7) days after we have given you written notice of it.
13.2. We may terminate these Terms and your access to the Platform immediately at any time by writing to you, for reasons including but not limited to, the following:
(a) if any information provided by you is found to be untrue, inaccurate, out of date or incomplete;
(b) if you act in any way that has brought, or could bring, Ante into disrepute;
(c) if you commit any criminal offence;
(d) if you consistently fail to complete a Return due to missing a relevant deadline, or where a Return contains damaged, obviously worn and/or any missing item, in accordance with our rights under clause 8.6 above; or
(e) if we are no longer able to provide the Platform to you.
14. DISCLAIMER, LIMITATION OF LIABILITY AND NO WARRANTY
14.1. We make all reasonable efforts to ensure that the Content contained on the Platform is complete, accurate and up to date. We make no warranties, representations or guarantees (express or implied) that this will always be the case.
14.2. Nothing in these Terms excludes or limits our liability for death or personal injury arising from negligence or fraud, or any other liability that cannot be excluded or limited by the laws of England and Wales.
14.3. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to any Orders, Returns, the Platform, or any Content on the Platform, whether express or implied.
14.4. In no event shall Ante, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to any Customer for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) the use of, or inability to use, the Platform;
(b) the inability to complete a Return and/or be issued a Refund for any reason;
(c) the provision of any Rewards offered by Merchants;
(d) any injury or harm to you caused by posting and/or delivering a Return; or
(e) the use of, or reliance on, any Content displayed on the Platform.
14.5. We supply the Platform for private use only. If you use the Platform for any commercial or business purposes, Ante, its shareholders, directors, officers, employees and/or agents will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
14.6. From time to time, you may use or access the services, promotions and websites of third parties (including, without limitation, Merchants) whilst using the Platform. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging to or operated by third parties.
14.7. You agree to indemnify and hold Ante and its related companies, and each of their respective shareholders, directors, officers, employees and agents harmless from and against any third party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Platform in breach of these Terms or your violation of any law or the rights of any third party.
14.8. You acknowledge and agree that we are not responsible for the accuracy of any information published on the Platform by Merchants and we do not warrant that any information appearing on the Platform is accurate, true or complete. If you believe that any information appearing on the Platform is incorrect, you should inform Ante of the information that you consider to be inaccurate, and we will seek to inform the Merchant who posted the information that you consider it to be inaccurate. Ante specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Platform.
14.9. You acknowledge that we are not the seller of any products purchased by you via a Merchant and/or returned using the Platform and have no liability for any act or omission of any Merchant, any defective products sold/and or any other matter relating to your Return. Ante specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of the acts/and or omissions of any given Merchant.
14.10. Please ensure that you have read the relevant Merchant Returns Policy in full prior to completing any Order and/or Return using the Platform. Although Ante encourages its participating Merchants to have in place clear and fair returns policies, it provides no warranty that any information provided by the Merchant is true and valid.
15. HOW WE MAY USE YOUR PERSONAL DATA
15.1. In this clause 15, “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the UK implementation of the General Data Protection Regulation ((EU) 2016/679) as implemented by the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and, to the extent that the General Data Protection Regulation ((EU) 2016/679) applies to the processing of any Personal Data, such legislation as in force from time to time.
15.2. Ante will comply with all Data Protection Legislation. This clause 15.2 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.
15.4. Ante is the data controller in respect of any personal data that you provide to Ante when signing up to and using the Platform.
15.5. The Merchant is the data controller in respect of any personal data that you provide directly to the Merchant when making an Order, redeeming a Reward or otherwise engaging with them on their platform.
16. WHO OWNS THE PLATFORM?
16.1. Ante and its licensor(s) are the sole owners of the Platform, which includes any software, domains, and Content made available through the Platform. The Platform is protected by UK and other intellectual property rights laws. All such rights are reserved.
16.2. Ante permits the Customers who have created an Account to use the Platform for their own personal and/or commercial use subject to these Terms and grants the Customers a limited and non-transferable licence solely for that purpose.
16.3. The Customers may not sell, export, license, modify, copy, distribute or transmit the Platform (or any part of it) without Ante’s prior express written consent.
16.4. Any unauthorised use of the Platform may result in the termination of the limited licence granted by Ante. Ante reserves the right to terminate the limited licence in respect of the Customer in its sole and absolute discretion.
16.5. Ante and its graphics, logos, icons and service names related to the Platform are registered and unregistered trademarks or trade dress of Ante. They may not be used without Ante’s prior express written permission.
16.6. All other trademarks not owned by Ante that appear in connection with the Platform are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Ante. Ante accepts no liability for any unauthorised use of any trademarks by any Customer, Merchant or third party.
17. WHAT SECURITY MEASURES DOES ANTE HAVE IN PLACE?
17.1. Whilst Ante has implemented commercially reasonable technical and organisational measures to secure the Customer’s personal data from unauthorised use, Ante cannot guarantee that unauthorised third parties will never be able to defeat those measures. Ante accepts no liability for any losses associated with any unauthorised use.
17.2. The Customer acknowledges that it provides personal and other information at its own risk.
17.3. By downloading, using and/or accessing in any way the Platform and/or material provided through the Platform, the Customer consents to receiving electronic communications and notices from Ante.
17.4. The Customer agrees that any notice, agreement, disclosure or other communications that Ante sends to the Customer electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. OTHER IMPORTANT TERMS
18.1. In providing you with access to the Platform, Ante reserves the following rights, and, in accessing, browsing or otherwise using the Platform, you grant to us and agree that Ante shall have the following rights:
(a) the right to refuse or withdraw your access to the Platform without liability, in accordance with applicable laws for any reason at any time (with or without notice) if, in Ante’s sole and absolute discretion, you violate, attempt to violate or breach any of these Terms or applicable law;
(b) the right to amend or update the Platform or these Terms from time to time;
(c) the right to without notice, remove Content or materials from your account for any reason whatsoever at our sole and absolute discretion, including without limitation Content which is unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, or where the account is used to propagate any such Content;
(d) the right to access your Account in order to respond to a request for technical support so long as we maintain reasonably appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and
(e) the right to terminate, without notice, your Account and delete any associated data from the Platform if your Account has been inactive or disabled for ninety (90) days or more.
18.2. The Platform is directed to people residing in the United Kingdom only. We do not represent that our Platform is appropriate for use or available in other locations.
18.3. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to terminate these Terms no less than seven (7) Business Days’ after we tell you about our intention to transfer.
18.4. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
18.5. These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.
18.6. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.7. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaching any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.8. Nothing in these Terms 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.
18.10. You agree that these Terms and any claim, dispute or controversy arising out of in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), the Platform, Ante’s advertising or any related transaction between you and Ante shall be governed by and construed in accordance with the law of England and Wales. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.