Terms and Conditions
- By shipping or leaving your gown with us, you authorize Glamour Closet, LLC to provide the following services in accordance with the terms and conditions of this Agreement, to (i) receive and store the goods listed on page 2 of this Agreement (the “Goods”), (ii) display, offer and sell the Goods at Glamour Closet’s stores and website, (iii) deliver the Goods to the buyer, if any, (iv) collect the sales price from the buyer, deduct Glamour Closet’s sales fee and forward the remainder of the sales price to the Seller in accordance with the “Services” below.
- Binding Sales. Seller is obligated to complete the transaction with the buyer upon transaction completion, unless there is an exceptional circumstance, such as (a) the buyer fails to pay for the Goods, or (b) Glamour Closet cannot collect the payment.
- Return Policy. Glamour Closet and Seller acknowledges that all sales will be final and as-is. Upon sale to a customer, Glamour Closet be responsible for payment to Seller.
- Payment to Seller. As consideration for the Services, Seller agrees Glamour Closet will be entitled to collect a sales fee (“Sales Fee”) according to the following formula: fifty percent (50%) of the price for which the Goods are sold (the “Sales Price”). Following receipt by Glamour Closet of the Sales Price from the buyer, Glamour Closet is authorized by Seller to deduct the Sales Fee from the monies received and forward the remainder to Seller at the Seller’s address listed in this agreement, within forty-five (45) days from the end of the month in which the sale occurred. Glamour Closet will be responsible for collecting and remitting any sales taxes due, if any. Sales Price and Sales Fee are only calculated on the actual sale of the product and not on any additional services that may be sold separately, such as shipping, handling or alterations. Seller is responsible for keeping their contact information and mailing address current with Glamour Closet. Any checks that are lost or not cashed within 90 days will be subject to a reissue fee of $50 per check.
- Unsold Goods. Should the Goods fail to sell within six (6) months of receipt by Glamour Closet, Seller hereby authorizes Glamour Closet to (a) continue displaying the item for sale at Glamour Closet’s sole discretion, (b) donate/dispose such unsold Goods (“Unsold Goods”), or (c) return the items to Seller at Glamour Closet’s cost, provided Seller has provided appropriate instructions and contact information, all as indicated by Seller above. In the event Glamour Closet attempts to return the items to Seller but items are rejected due to out-dated address or contact information, Glamour Closet will make several additional attempts to contact Seller using information previously provided by Seller. If after 30 days from end of the initial 6 month period, Glamour Closet is still unsuccessful in reaching Seller and items are still in Glamour Closet possession, Seller hereby waives all rights of ownership to the items and they will become the property of Glamour Closet, who can donate or dispose of the items at their sole discretion.
- Bailment Relationship. The relationship between Glamour Closet and the Seller is that of bailor and bailee in which the bailee (Seller) deposits his personal property (Goods) with the bailor (Glamour Closet) for the purpose of displaying and selling the Goods to third parties through Glamour Closet. Nothing contained herein will be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
- Title and Risk of Loss. Title and risk of loss for the Goods remain with Seller until such time as the Goods are delivered to a buyer or a carrier for delivery to the buyer. Title and risk of loss will not transfer to Glamour Closet at any time. Title to Goods sold will pass directly from Seller to Buyer.
- Seller’s Warranty of Goods. Seller warrants that (i) Seller has all the necessary rights and authorization to produce and distribute the Goods and to permit Glamour Closet to offer, sell and deliver the Goods to any third party, (ii) the Goods and the rights hereunder do not infringe the proprietary rights of any third party, and (iii) the description of the Goods is truthful, accurate and complete. Seller represents and warrants that description of the Goods and the Goods will not: Be false, inaccurate or misleading; Be fraudulent or involve the sale of counterfeit or stolen items; Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; Be obscene or contain child pornography or content otherwise adult in nature or harmful to minors.
- Without limiting other remedies, Glamour Closet may immediately remove Seller’s Goods from Glamour Closet’s sales floors and/or website, temporarily suspend, indefinitely suspend or terminate the Services and refuse to provide future Services to Seller if (i) Seller breaches this Agreement, (ii) Glamour Closet is unable to verify or authenticate any information Seller provides to Glamour Closet, (iii) Glamour Closet believes that Seller’s actions may cause financial loss or legal liability for Seller, Glamour Closet’s customers or Glamour Closet, or (iv) Glamour Closet suspects that Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Goods or Glamour Closet.
- Seller agrees to indemnify and hold Glamour Closet and (as applicable) Glamour Closet’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due, connected to or arising out of Seller’s breach of this Agreement, or Seller’s violation of any law or the rights of any third party.
- Warranty Disclaimer. GLAMOUR CLOSET PROVIDES ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION AS TO THE SERVICES, EXPRESS, IMPLIED OR STATUTORY. GLAMOUR CLOSET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO SELLER. THIS WARRANTY GIVES SELLER SPECIFIC LEGAL RIGHTS AND SELLER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
- Waiver of Consequential Damages. IN NO EVENT WILL GLAMOUR CLOSET BE LIABLE TO SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION, REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER GLAMOUR CLOSET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
- Liability Cap. Glamour Closet’s liability, and the liability of its employees and suppliers, to Seller or any third parties in any circumstance is limited to one hundred dollars ($100). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Seller.
- Seller releases Glamour Closet and Glamour Closet’s officers, directors, agents, parent, subsidiaries, affiliates, joint ventures and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Services. IF SELLER IS A CALIFORNIA RESIDENT, SELLER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
- Glamour Closet and Seller agree that Glamour Closet will manage the resell process for a period of six (6) months. The term of this Agreement will commence upon the Effective Date and unless terminated earlier in accordance with the terms of this Agreement, will continue until all Goods accepted by Glamour Closet under this Agreement are sold and delivered, returned to Seller, or disposed of in accordance with Section 5, but in no event more than three-hundred sixty (360) days from the Effective Date. This Agreement may be terminated by Glamour Closet without notice, for any reason or no reason, at any time.
- Survival of Certain Terms. The following Sections will survive the termination of this Agreement for any reason: Terms and Conditions sections 5,6,7,8,9,10,11,12,13,14,16 and 17. All other rights and obligations of the parties will cease upon termination of this Agreement.
- This Agreement will be governed in all respects by the laws of the United States of America and the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. All notices or requests will be in writing and will be sent by email, or recognized commercial overnight courier. Notices will be deemed received upon receipt of written confirmation of transmission when sent by email, or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the parties at the address set forth above in this agreement. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and, in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement and the Exhibits hereto, constitute the entire Agreement between the parties with respect to the subject matter hereof. This Agreement supercedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof with the exception of any prior confidentiality agreements between the parties. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.