Terms of Service

These terms

These terms are the agreement between you and Curated Drops, LLC, a Delaware limited liability company trading as Drip Drops ("Drip Drops", "we", "us"). They govern your use of the Drip Drops app, this website, and everything we sell through them. Together we call those the Service.

You accept these terms when you create an account, when you tap to accept them at sign-in, or when you buy anything from us - whichever happens first. If you do not accept them, do not use the Service.

These terms contain an arbitration agreement and a class-action waiver. Section 22 explains what they mean for you and how to opt out within 30 days of first accepting these terms.

We may change these terms. If a change is material we will tell you before it takes effect, by notice in the app or by email, and we will move the effective date and version at the top of this page. Changes apply to orders placed after they take effect, never to orders already placed. When we publish a new version we will ask you to accept it the next time you open the app; if you do not accept it, stop using the Service and close your account under section 14.

You agree we may give you notices, disclosures and records of your orders electronically - in the app, on this site, or to the email address or phone number on your account. Keep them current; a notice we send to the details you gave us counts as delivered.

Who may use Drip Drops

Drip Drops is available in the United States only. You may use it if you are in the United States, you are 18 or older - or the age of majority in your state if that is higher - and you are using it for yourself and not on anyone else's behalf. We ship only within the United States and we pay out only to United States bank accounts.

Before you can open a box, add money, sell a piece back, or cash out, you must confirm your age. We record that confirmation with the date and the network address it came from. If you give us a date of birth it must be accurate; once recorded it cannot be changed. We may ask you to verify your age or identity at any time, and we may hold or close an account until you do. Confirming an age that is not yours is a breach of section 17.

You may not use the Service from outside the United States, and you may not disguise where you are in order to reach it. You may not use it if you appear on a restricted-party or sanctions list maintained by the United States government. We check location by network address.

Available in

United States only

Shipping

United States addresses only

Cashing out

United States bank accounts only

Minimum age

18, or your state's age of majority if higher

Your account

You need an account to buy anything. You can create one with Sign in with Apple or with Google. To have a piece shipped you will also need to verify a mobile number, and we may ask you to verify it again from time to time. Give us accurate information and keep it current - we ship to the address on your account and we send notices to the contact details on it.

One account per person. You are responsible for everything done through your account, including by anyone you let use your device. Tell us immediately if you think someone else has access to it. Closing an account and opening a new one does not reset anything that is counted once per person.

An account is a permission to use the Service, not property. You cannot sell it, rent it, or transfer it to anyone else, and it does not pass to anyone on your death except as the law requires.

What Drip Drops sells

Drip Drops sells sealed boxes of luxury-fashion pieces. Every box lists, before you open it, its price, its minimum fair market value, and the full assortment of pieces it can contain, grouped into five tiers - Common, Rare, Prestige, Mythical and Drippy - with the published odds for each tier and the value band it covers.

Which piece from that published assortment you receive is determined at random when you open the box. That is the nature of the product and you accept it when you buy. The published odds for a box version are fixed at the moment we publish it and cannot be altered afterwards; each opening records the material it was settled from, so any opening can be recomputed and checked against what was published.

The minimum fair market value on a box is a floor, not a forecast: it is the lowest fair market value in the assortment. It is not a prediction of what you will receive and it is not a representation that any piece will hold its value.

Pieces are genuine physical goods that we or our suppliers hold. We may change, restock, or withdraw an assortment at any time, and a box may be offered as a release with a fixed supply that can sell out. If we cannot fulfil an opening at all, we will reverse it and return what you paid.

What you are buying

Boxes are bought from the money in your Drip Drops balance, not by charging your card each time. You add money to your balance under section 7, and you spend from that balance to open a box.

When you open a box you receive one piece from its published assortment, together with the right to have that piece shipped to you or to sell it back to us under section 9.

Opening a box is final. The moment you open it the assortment has been drawn against, the result is recorded, and the sale cannot be reversed. Buying a box buys the opening; until a piece is in your possession you have no right to any particular piece.

Title to a piece passes to you when the box is opened. Risk of loss passes to you when the piece is handed to the carrier, if you ask us to ship it, and stays with us for as long as we hold it for you.

Nothing you buy from Drip Drops is an investment, and we do not offer it as one. We are not a broker, a dealer, an auction house or an adviser of any kind. Fair market values move; a piece can be worth less than the box cost, and often is.

Prices and taxes

Prices are shown and charged in United States dollars. If your payment method is denominated in another currency, your bank or card issuer sets the conversion rate and may add its own fee. We never see that fee and cannot refund it.

Prices can change at any time, but the price shown on a box when you open it is the price you pay for it. Prices exclude sales tax, shipping and any duty. Sales tax is added where we are required to collect it.

If a price or a fair market value is displayed with an obvious error, we may reverse any opening made against it and return what you paid, even after the money has left your balance.

Adding money

You add money to your balance by card or Apple Pay. We collect every payment through Stripe. Your card details go to Stripe directly - we never receive, see or store your card number, and no card number reaches our systems at any point. Your payment is also subject to Stripe's terms and to your card issuer's.

Stripe processes the payment; the sale itself is ours. Stripe is not the seller, is not a party to this agreement, and is not responsible for the boxes or pieces you buy. Anything to do with an order - a refund, a delivery, a piece that arrived wrong - comes to us, not to Stripe.

Minimum

$5 at a time

Maximum

$10,000 at a time

Currency

US dollars

Expiry

None - your balance does not expire

Money you add is for spending on the Service. It is not a deposit, we do not hold it for you as money in an account of your own, it does not earn interest, and - as section 12 explains - you cannot ask for it back once it is added. Add what you intend to spend.

By giving us a payment method you confirm you are authorised to use it and you authorise us to charge it for the amount you asked to add. If a charge is declined, reversed or charged back, we may suspend your account, hold any piece we are keeping for you, and recover what you owe from your balance.

If you think a charge is wrong, contact us first at support@dripdrops.co. Most problems are faster to fix directly than through a chargeback, and a chargeback raised without contacting us may cost you access to the Service.

Fair market value

Every piece carries a fair market value - the figure shown against it in the app, the figure the tier value bands are built from, and the figure every sell-back is calculated on. This section defines it, and it is the only definition:

• A fair market value is our good-faith estimate of what the piece would retail for new, in the condition we hold it, at the time we set the figure.
• We set it from the sources available to us - manufacturer and authorised-retailer pricing first, and recent resale data where no retail price exists.
• We may revise it. The figure that governs a sell-back is the one recorded against your piece, and we show you the exact amount you will receive before you confirm.

Fair market value is our estimate and nothing more. It is not an independent valuation, not an authentication certificate, not a guarantee of resale value, and not a promise that anyone else will pay that figure. We do not negotiate it.

Ship it or sell it back

Once a box is opened, the piece is yours and it sits in your collection until you decide what to do with it. You have two choices, and we show you what each is worth before you choose.

• Ship it. We send it to the address on your account for a shipping fee, shown to you before you confirm. See section 13. Asking us to ship a piece permanently closes the sell-back option on it, from the moment you ask - not from the moment it is dispatched.
• Sell it back. We take the piece back and add 90% of its fair market value to your balance as sell-back money, which you can spend on boxes or cash out under section 11. The exact amount is shown to you before you confirm. A sell-back is final and cannot be reversed.

The seven-day window

If you have not chosen within seven days of opening a box, we sell the piece back for you at the same 90% rate and add the money to your balance. To be clear about what that window is and is not: it is the point at which we act on your behalf, not a deadline after which you lose the option. You can sell a piece back at any time, including after the seven days have run, for as long as you still hold it.

Your balance

Your balance is the money you hold with Drip Drops. It comes from three places, and where it came from decides what it can do. None of it expires.

• Money you added under section 7. Spends on boxes. Cannot be cashed out, and cannot be handed back - see section 12.
• Sell-back money from section 9. Spends on boxes, and is the only money you can cash out to a bank account under section 11.
• Bonus money we gave you under section 15. Spends on boxes only. It has no cash value in any circumstances, and we may withdraw it.

When you open a box we spend in this order: bonus money first, then money you added, then sell-back money. That order is fixed and you cannot choose a different one - it is set up so the money you can cash out is the last to be spent.

Your balance is personal to your account. You cannot transfer it, sell it, or combine it with anyone else's. We may deduct from it anything you owe us, including a reversed payment or a chargeback.

Cashing out

Sell-back money can be cashed out to a United States bank account. Money you added and bonus money cannot, in any circumstances. Money you paid us does not come back out this way; only money from selling a piece back does.

Cash-outs are handled by Stripe. Before your first one you will complete Stripe's identity checks on Stripe's own pages - we do not see or hold the documents you give them. Stripe may decline to onboard you, and if it does we cannot pay you out.

Minimum

$5

Maximum

$1,000 at a time

Destination

US bank account in your own name

Timing

Up to 10 business days after approval

We review cash-outs. Most are approved automatically; larger ones and anything our checks flag go to manual review, which takes longer. We may hold, decline or reverse a cash-out where we are required to, where we reasonably suspect fraud or a breach of section 17, or while a payment on your account is disputed. If one fails or is returned, the money goes back to your balance.

Refunds

Two things on this page are final, and this is the section that says so plainly. An opened box is not refundable - the assortment has been drawn against and the piece is yours. Money you have added is not refundable either, whether or not you have spent it. Once money is on your balance it stays there until you spend it. Add what you intend to spend.

You can get money back in these cases:

• An opening we cannot fulfil. If we reverse an opening, the money goes back to your balance.
• A piece that arrives damaged, or is not the piece you were shown. Tell us within 7 days of delivery, with photographs, and we will replace it, credit your balance, or refund it - our choice, and we will tell you which.
• A parcel lost in transit. Tell us within 7 days of the expected delivery date. See section 13.
• A charge you did not make. Tell us and we will investigate.

Where we refund money rather than your balance, it goes back to the payment method you used. We aim to decide a request within 7 days of receiving what we need from you; your bank sets its own timing after that.

Nothing here limits a right you have under consumer law that cannot be limited by agreement.

Shipping and delivery

We ship within the United States only, to the address on your account. Check it before you ask us to ship - once a parcel is with the carrier we usually cannot redirect it.

Destinations

United States

Fee

Shown before you confirm - $15 per shipment at present

Carrier

Insured courier

Dispatch

3–5 days from your request

Transit

2–7 days after dispatch

A shipping fee applies to every shipment. We show you the exact fee before you confirm, and the fee you are shown is the fee you pay for that shipment. We may change it for future shipments; we will not change it on one you have already asked for.

Every piece is checked and photographed before it is packed. Pieces with a fair market value of $500 or more ship insured and require a signature on delivery.

Dispatch and transit times are estimates, not promises. Taken together a shipment normally arrives within 5 to 12 days of your request. Risk passes to you on handover to the carrier, but insured shipments are covered in transit: if a parcel is lost or arrives damaged, tell us within 7 days and we will pursue the claim and make you whole.

If a parcel is refused, or comes back to us undelivered because the address was wrong or nobody claimed it, we will hold the piece and contact you. A reshipment costs another shipping fee.

Closing your account

An opening cannot be cancelled once the box is opened. A shipment can be cancelled before it is dispatched; after dispatch, wait for it to arrive.

Your account. Close it any time from the app or by writing to support@dripdrops.co. Before we can close it, two things have to be settled:

• Anything we are holding for you. Ship it or sell it back first.
• Anything left on your balance. Spend it, or cash out whatever is cashable under section 11. We will not close an account that still has money on it, and we do not keep what is left when you go. If you ask us to close an account with a balance, we will tell you what is on it and what each part can do, and close the account once it is clear.

Bonus money is not yours to take and is forfeited on closure. Money you added cannot be paid out in cash - spend it before you go, because we cannot hand it back. Sell-back money can be cashed out and should be.

We keep a record of your account after closure - we have to, for financial and legal reasons - but you will not be able to sign in to it, and closing it does not entitle you to a fresh set of one-per-person benefits on a new one.

Promotions

From time to time we give money away - a complimentary box, a bonus on something you did, an offer we run for a while and then stop. Everything in this section is a gift, not a purchase.

Anything we give you arrives as bonus money under section 10: it spends on boxes, it is spent before your own money is, it never converts to cash, and it is forfeited if your account closes.

Each promotion is governed by these terms and by any rules published with it; where those rules conflict with these terms, they win for that promotion. Promotions are counted once per person, not once per account - closing an account and opening a new one does not earn a second run at them - and are limited to one per person and per household unless we say otherwise. We may change, suspend or end any promotion at any time, and we may withdraw a benefit and reverse money already given if it was obtained through duplicate accounts, automation, or anything else in section 17.

The app

We grant you a personal, revocable, non-exclusive, non-transferable licence to install and use the Drip Drops app on a device you own or control, for your own use, on these terms. That licence ends when your account or these terms end.

Keep the app updated. We support the current version and the one before it, and we are not responsible for what an out-of-date version shows you, including a stale fair market value or an assortment that has since changed.

The app is distributed through the Apple App Store, and Apple's terms apply to that distribution alongside these. Apple is not a party to this agreement, has no obligation to support the app, and is not responsible for anything you buy through it. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it.

Acceptable use

Do not:

• hold more than one account, or open a new one after we have closed yours;
• give us false information - including a false age - impersonate anyone, or use another person's payment method or bank account;
• use bots, scripts, or automation of any kind against the Service, or scrape it;
• use the Service from outside the United States, or disguise where you are by VPN or proxy;
• interfere with the Service or try to probe, breach, or reverse engineer it, including the way an opening is settled;
• buy from us to resell as a business, or represent yourself as affiliated with us;
• abuse a promotion, a refund, the sell-back route in section 9, or the cash-out route in section 11, including by coordinating with other accounts;
• use the Service for money laundering, sanctions evasion, or any other unlawful purpose;
• harass our staff, or anyone else, through the Service.

We may investigate anything we think breaches this section, and we may suspend or close an account, reverse an opening, reverse money, hold a cash-out, and report conduct to law enforcement. Where a breach has cost us money - a chargeback fee, a fraudulent payment, an abused promotion - we may recover it from your balance or from you.

Intellectual property

The Service - its software, text, photography, layout, and the look of it - belongs to us or to our licensors and is protected by copyright, trademark and other laws. "Drip Drops", our wordmark and our logo are our trademarks. Nothing here gives you a licence to use them.

You may use the Service as it is meant to be used. You may not copy, resell, frame, modify, decompile, reverse engineer, or build a competing product from any part of it, and you may not use it to train a machine learning model. Any rights we have not expressly granted, we reserve.

We are not affiliated with, endorsed by, or sponsored by the makers of the pieces we sell. Their names and marks belong to them, and appear on the Service only to identify what a piece is. Pieces we sell are genuine goods obtained through our own supply; we describe them by name because that is what they are.

Open-source components in the app stay under their own licences. If you send us feedback or a suggestion, we may use it for anything, without payment, attribution, or any obligation to keep it confidential.

Changes, suspension and termination

We may change the Service, add or remove features, and change or retire an assortment at any time. We may take the Service down for maintenance, and we may stop offering it altogether - if we do, we will give you reasonable notice and a way to ship or sell back anything we are holding and to cash out or spend what is on your balance.

We may suspend or close your account if you breach these terms, if we are required to, or if we reasonably suspect fraud or unlawful use. Except where telling you first would defeat the purpose or break the law, we will tell you why.

If we close your account for a breach: your licence to the app ends, bonus money is forfeited, and any piece we hold and any remaining balance are dealt with under section 14.

Sections that by their nature should survive - 5, 8, 10, 18, 20, 21, 22 and 23 - survive.

Disclaimers and limits on our liability

Physical pieces are covered by section 12 - if one arrives damaged or wrong, we fix it. This section is about the Service itself.

The Service is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any fair market value, estimate or piece of information on it is accurate or complete.

Colour, finish and detail vary between a photograph and a physical piece, and between one screen and another. We photograph pieces as faithfully as we can; we do not warrant that what you see matches what arrives in every respect.

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost opportunity, or any decline in the value of a piece - even if we were told such loss was possible. Our total liability arising out of or relating to the Service is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or $100.

Some states do not allow some of these exclusions. Where that is so, they do not apply to you and our liability is limited as far as that law allows. Nothing here excludes liability for fraud, for death or personal injury caused by our negligence, or for anything else that cannot lawfully be excluded.

We are not responsible for the acts or omissions of third parties - carriers, payment processors, app stores, or the makers of the pieces we sell.

Indemnity

You will indemnify Curated Drops, LLC, its affiliates, and its officers, employees and agents against any claim, loss, liability and reasonable legal cost arising out of your use of the Service, your breach of these terms or of any law, or your infringement of anyone's rights. We will tell you promptly of any such claim and may take over its defence at our own cost; you will not settle anything that admits fault on our behalf without our written consent. This section survives the end of this agreement.

Disputes

Talk to us first

Before starting anything formal, email support@dripdrops.co with your name, your account, what happened and what you want. We will do the same for a claim against you. Give us 60 days to sort it out - most things are resolved well inside that, and neither of us may start an arbitration until the 60 days have run.

Arbitration and class-action waiver

If we cannot resolve it, you and Drip Drops each agree that any dispute will be resolved by final and binding individual arbitration, not in court and not before a jury. You and we each waive the right to a jury trial and the right to take part in a class, collective or representative action. An arbitrator may not consolidate claims or preside over any form of class proceeding.

The Federal Arbitration Act governs this section. Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, in English, by documents or by video unless the arbitrator decides a hearing is needed, and in Delaware if one is. The arbitrator decides everything except whether the class waiver above is enforceable, which is for a court.

Opt out. You may reject this arbitration agreement by emailing support@dripdrops.co within 30 days of first accepting these terms, with your name and account. Opting out costs you nothing else in this agreement, and we will not close your account for it.

Either of us may still bring an individual claim in small-claims court if it qualifies, and either of us may ask a court for an injunction to protect intellectual property or to stop unauthorised use of the Service.

If the class-action waiver is held unenforceable as to a claim, that claim leaves arbitration and goes to court; the rest of this section still applies to everything else.

Time limit

Any claim must be brought within one year of when you knew or should have known of it, or it is barred - unless the law of your state does not allow that, in which case the shortest period it does allow applies.

Governing law

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by the federal law of the United States. Where a dispute is not arbitrated, the state and federal courts in New Castle County, Delaware have exclusive jurisdiction and we each consent to it. If your state's consumer law gives you rights a choice of law cannot take away, you keep them.

General terms

Entire agreement. These terms, the Privacy Policy, and any rules published with a promotion are the whole agreement between us about the Service, and they replace anything said before.

Assignment. This agreement is personal to you and you may not assign it. We may assign it to an affiliate or to a successor in a merger or sale of the business.

Severability. If any part of these terms is unenforceable, it is narrowed to the least extent needed to make it enforceable, or struck if it cannot be, and the rest stands.

No waiver. If we do not enforce something, we have not given it up.

Force majeure. Neither of us is liable for a delay or failure caused by something outside our reasonable control - natural disaster, war, civil disorder, epidemic, labour dispute, carrier or customs failure, utility or network outage, or a change in law.

No third-party rights. Nobody other than you and us may enforce these terms, except Apple under section 16 and the people we may indemnify under section 21.

Headings and language. Headings are for convenience and do not affect meaning. These terms are written in English; if we publish a translation and it differs, the English text governs.

Contacting us

Questions about these terms, or about an order, go to support@dripdrops.co or our support page.

Operated by

Curated Drops, LLC
a Delaware limited liability company
trading as Drip Drops

Address

800 Third Avenue FRNT A #1084
New York, NY 10022
United States

Email

support@dripdrops.co

Payments

Collected through Stripe