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TERMS OF USE

Please read the following Terms of Use carefully before using any of Consignista LLC's services, tools and/or accessing www.consignista.com hereinafter referred to as ("the website"). All users of the website agree that access to, and use of, this website through any device are subject to the following Terms of Use and other applicable law. If you do not agree to these Terms of Use, please do not use and/or access the website. For the purposes of reference the term users shall hereinafter also be referred to as ("you").

 

Consignista LLC may modify these Terms of Use. You can review the most current version of it by clicking on the "Terms of Use" link located at the bottom of the website. The most current version will supersede all previous versions. By continuing to use the website and services of Consignista LLC after changes are made, you agree to be bound by such changes.

 

1. Age Eligibility

By using Consignista LLC's services, tools and/or website you represent and warrant that you are at least 18 years and you are able to enter into legally binding contracts under applicable law.

 

Individuals under the age of 18 must at all times use Consignista LLC's services, tools and/or website only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this and all cases, the adult is the user and is responsible for any and all activities.

 

Consignista LLC may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions. 

 

2. Privacy

Consignista LLC will not sell or disclose your personal information to third parties. Consignista LLC stores and processes content on computers that are protected by physical as well as technological security. You can review the most current version of our Privacy Policy by clicking on the "Privacy Policy" link located at the bottom of the website. The most current version will supersede all previous versions. By continuing to use the Consignista LLC Service after changes are made, you agree to be bound by such changes.

   


3. Use of Website

Consignista LLC does not promote, recommend or condone use of the Consignista LLC service, tools and/or website during certain activities, such as automobile driving, where there is significant risk of accident. You agree not to use the Consignista LLC service, tools and/or website during such activities.

 

You further agree that you will not use any robot, spider, scraper or other automated or manual means to access the website for any purpose. You acknowledge that harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Consignista LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not post spam, unsolicited or bulk electronic communications, pyramid schemes, chain letters or upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization. You will further not attempt to modify, circumvent, hack or access portions of the data contained within the website not explicitly presented to you and you will not distribute viruses or other technologies that may cause harm to Consignista LLC and/or the website.

You agree not to use the website in any manner that violates or proposes a transaction which would violate any laws, expose Consignista LLC to civil or criminal liability or violates these Terms of Use. For the avoidance of doubt, any activities that are illegally carried on within the website will be reported to the appropriate Federal, State or Local Authorities. 



4. Website Access

a. Creating an account

You may browse the website at no charge and without registration to it. However, by creating an account with Consignista LLC it grants you the facility to make/complete a purchase and/or consign with us at any time. When creating an account you represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain and update the accuracy of such information at all times. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Consignista LLC of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Consignista LLC cannot and will not be held liable for any loss or damage arising from your failure to comply with the above requirements.

 

You confirm you will not transfer, assign or sell your account and information contained therein to any third party.

 

b. License

Subject to the Terms, Consignista LLC grants you a limited, non-exclusive, non-transferable personal (i.e., non-commercial) license to access and use the Website and Services. The rights granted to you by the Terms will remain in force only for so long as the Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sub-license access to the Service to any third-party. You will not (nor will you cause any of your employees, contractors, agents and principals to) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of Company's technology. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the Terms. You agree not to use the Website or the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

c. Third-Party Offerings

You may be able to access websites, content, products or services provided by third-parties through links that are made available on the Website. We refer to all such websites, content, services and products as "Third-Party Offerings." For example, we may permit third parties to advertise their products and services on the Website, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that the Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.



5. Fees and Termination

a. Fees

Joining Consignista is free. All sellers pay a percentage of the sale price when their item(s) sell(s). Percentages of an item's sale price can be found in our Consignment Agreement.

 

Changes to Consignista LLC's Fees Policy are effective after Consignista LLC provides you with at least fourteen (14) days' notice by posting the changes on the website. However, Consignista LLC may choose to temporarily change the Fees Policy for promotional events (for example, certain designers); such changes are effective when Consignista LLC posts the temporary promotional event on the website. Consignista LLC may, at its sole discretion, change some or all of its services at any time. In the event Consignista LLC introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).



b. Right to Refuse Services & Termination

Consignista LLC reserves the right in its sole discretion to terminate, suspend or restrict your account and refuse all and any current or future use to the website and its services without notice and for whatever reason without divulging the reason for doing so.

 

6. Seller Listing & Sales 

Consignista accepts new or "as new" designer apparel, shoes and accessories for men, women and children. Designers that we accept can be found in our Directory of Accepted Designers. There will be no exceptions. You acknowledge and accept that we reserve the right reject and return any item initially accepted at your Premium Concierge Consignment Appointment to you if, after thorough inspection, the item is found to be damaged, counterfeit or cannot be listed for any other reason.  Consignista will notify you of its decision and will provide the reason for the item's return. We will arrange for any such items to be returned at our cost.

 

All sales are binding. The seller is obligated to ship the order to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. If you do not complete a transaction, your account and all listings will be suspended and removed from the Site, and may be reinstated at Consignista's sole discretion.

 

7. Buyer Obligations

As a buyer when you make a purchase through the website you are obligated to complete the transaction unless the transaction is prohibited by law or a typographical error exists in the listing information which materially affects the terms of sale.

You accept that all orders are processed between Monday 9.00am through to Friday 3.00pm EST.

 

8. Intellectual Property

The content on the website, except for Content by users, the trademarks, service marks and logos contained herein ("Marks"), are owned by and licensed to Consignista LLC. Materials provided on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Consignista LLC reserves all rights not expressly granted in and to the website and the materials. You agree to not engaged in the use, copying, or distribution of any of the Materials other than expressly permitted by Consignista LLC, including any use, copying or distribution of third parties' materials obtained through the website for any commercial purposes. If you download or print a copy of the materials for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable or otherwise interfere with security feature of the website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the website or the materials therein.

 

9. Data Transfer

By using one or more Consignista LLC’s Services, including without limitation the website, or conducting any business with Consignista LLC, you may be causing communications or information to be sent through computers and electronic networks in other locations in the United States. You agree that Consignista is permitted to take such actions where reasonably necessary to facilitate these interactions as part of its providing Consignista LLC Services to you.

 

10. Advertising

Certain Consignista LLC’s Services, including without limitation the website, may include advertisements, whether from Consignista LLC or third parties with whom Consignista LLC partners. This advertising may be targeted to information found within one or more Consignista LLC Services, whether submitted by you or by others. You consent to the placement, targeting and display of such advertising as consideration for your use of the Consignista LLC Services. In addition, Consignista LLC and/or its partners, affiliates or agents may, from time to time, send you pertinent information about the Consignista LLC Services or other offerings which may be of interest to you. You consent to receive such communications as part of using the Consignista LLC Services, including without limitation the website. However, you may "opt-out" of any such communications at any time.

 

11. Unsolicited Submission Policy

Unless expressly requested by Consignista LLC in writing, Consignista LLC will not consider, review or evaluate unsolicited ideas, "pitches," scripts, treatments, compositions, business models, product or service descriptions or any other confidential or proprietary information that you submit to Consignista LLC. This policy serves to avoid misunderstandings in the unlikely event that any of Consignista LLC’s business or creative activities have some coincidental similarities with the activities of another. If, in spite of this policy you still choose to submit any such items to Consignista LLC, then you specifically agree that: (1) your entire submission will automatically become the sole and exclusive property of Consignista LLC, and you will not receive any form of compensation for it; (2) Consignista LLC will have no obligation to return your submission or respond to you in any way; (3) Consignista LLC will have no obligation to keep your submission confidential or secret; and (4) Consignista LLC has a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display your submission for any purpose whatsoever.

 

Further, to the extent that you may choose to communicate such items to another user in the Consignista LLC community, you act completely at your own risk and Consignista LLC will in no way be responsible for ensuring that the recipient considers, reviews or evaluates your submission, or compensates you for them or preserves their confidentiality.

 

12. No Warranty & Liability Limit

CONSIGNISTA LLC PROVIDES ITS SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. CONSIGNISTA LLC 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 you. Consignista LLC assumes no liability or responsibility for any errors or omissions in the Consignista LLC service, tools or website; any failures, delays or interruptions in the Consignista LLC service; any losses or damages arising from the use of the Consignista LLC service, tools or website, including, without limitation, any damage to your mobile device; or any conduct by users of the Consignista LLC service, tools or website. We reserve the right to deliver the Consignista LLC service, tools or website in our sole and absolute discretion.

IN NO EVENT SHALL CONSIGNISTA LLC, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CONSIGNISTA LLC SERVICE OR THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

13. Indemnity

You agree to indemnify and hold Consignista LLC and its related companies, and each of their respective shareholders, directors, officers, employees, agents, suppliers and merchant partners 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 Consignista LLC service, tools or website or your violation of any law or the rights of any third party.

 

14. Disputes

a. Governing Law

YOU AGREE THAT THESE TERMS OF USE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND CONSIGNISTA LLC arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use, the Consignista LLC Service, Consignista LLC advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

 

b. Binding Arbitration

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND CONSIGNISTA LLC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Consignista LLC") arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Use), the Consignista LLC Service, Consignista LLC advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and Consignista LLC. NEITHER YOU NOR CONSIGNISTA LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

 

c. Limitations of Actions

Any claim or cause of action arising out of or related to your use of the Consignista LLC Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

 

15. Entire Agreement

These Terms collectively represent the entire agreement and understanding between you and Consignista and supersede any other agreement or understanding (written, oral or implied) that you and Consignista LLC may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

 

16. Force Majeure

Neither you nor Consignista LLC will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.

 

17. Severability

Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and Consignista LLC with respect to the subject matter hereof.

 

18. Notices

Both you and Consignista LLC may give notice to one another as follows: (i) electronic mail transmission; (ii) first class mail or certified mail, postage prepaid; (iii) or express courier, cost prepaid. Or, in your case, to the email address you provide to Consignista LLC (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Consignista LLC may give you notice by certified mail, postage prepaid and return receipt request, to the address provided to Consignista LLC. In such case, notice shall be deemed given three days after the date of mailing.

 

19. Assignment/Sublicensing

These Terms, and any rights and licenses granted hereunder, may not be transferred, assigned or sublicensed by you without Consignista LLC's express written consent. On the other hand, Consignista LLC may assign, sublicense or otherwise transfer these Terms or any individual Term, at its option, without restriction and without prior notice to you.

 

20. Third-Party Beneficiaries

No Term is meant or intended to benefit any third party.

 

Updated: April, 7, 2017