DESCRIPTION OF SERVICES
In this Site, Consignment4kids provides users with access to sales of high brand fashion resale items online and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
LICENSE AND SITE ACCESS
Consignment4kids grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party. Any unauthorized use by you shall terminate the permission or license granted to you by Consignment4kids.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration and purchase form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Consignment4kids has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Consignment4kids has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof).
PLACING AN ORDER
1. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items you put into our shopping cart, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped.
In addition to any other remedies available to it, Consignment4kids may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Consignment4kids returns policy.
2. Pricing Information; Availability
Consignment4kids cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Consignment4kidsny Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Consignment4kids reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Consignment4kids. Consignment4kids may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
3.Shipping Method and Timing of Shipment
After we received and confirmed availability of the items you purchased, items you purchased will be shipped to an address provided and designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Consignment4kids Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Purchased items pass to you upon delivery of the Purchased items to the carrier. Each shipment shall be insured by the carrier. We are not responsible for any delay of delivery due to the carrier caused delays, non-delivery and wrong delivery.
4. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
SHIPPING AND DELIVERY
The Purchased items will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Consignment4kids Sites. Shipping shall generally be arranged by the end of date you made a purchase. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Purchased items pass to you upon delivery of the Purchased items to the carrier. If you require additional insurance on your purchased items, please let us know of it. We will arrange insurance at your cost.
Delivery of items purchased from the Consignment4kids Sites to addresses outside the United States is limited. Some Purchased items also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when the items are purchased and the destination of the Purchased items.
PACKING AND SHIPPING
Buyers are responsible for all shipping costs and fees. We will, at the buyer's expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by the buyer in order to facilitate such services for items purchased from Consignment4kids.
RETURN AND REFUND POLICY
All sales are final. We will not accept any return or grant a refund if you have changed your mind about a particular purchase, so please choose carefully. Under quite limited circumstances we will accept return and refund the payment to you, please immediately notify at: Consignment4kidsinfo@gmail.com. If you believe you have encountered the following situations:
If the goods are faulty, vastly damaged, large difference from the description of the goods on our Site, the shipment of the goods is vastly delayed, the goods were shipped to the wrong address, and you did not receive your purchased items, in all those cases we will accept return and issue refund of your purchase price.
We will refund based on questions of authenticity. If available, confirmation or proof from a recognized authority is appreciated. The item must be postmarked for return within 48 hours. The 48 hours begins on the date the item is received via UPS documentation, or the date you pick it up in the store. Items must be returned in the exact condition they were sent. We will investigate the case and provide a refund for the item and the shipping costs if it is proven to be faux.
AUTHENTICATION AND BRANDS
You acknowledge and agree that Consignment4kids’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the purchased items being sold, and none of the brands sold assumes any responsibility for any purchased items purchased from or through the website. Brands sold on the Site are not partnered or affiliated with Consignment4kids in any manner.
DISCLAIMER OF WARRANTY
ALL CONTENT, PURCHASED ITEMS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PURCHASED ITEMSERVICE, OR OTHER CONTENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONSIGNMENT4KIDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONSIGNMENT4KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You will indemnify and hold harmless Consignment4kids from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Consignment4kids and such parties, and shall defend Consignment4kids and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Consignment4kids will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Consignment4kids.
Consignment4kids shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Consignment4kids. In the event that Consignment4kids is temporarily unable to ship to you a purchased item because of such an event, Consignment4kids will give you the option of deferring shipment or receiving a refund of your charges.
MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
Any dispute or claim relating in any way to your use of Consignment4kids Service, the Site, or to any purchased items or services sold or distributed by Consignment4kids or through Consignment4kidsny.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these TOS as a court would.
We each agree that any arbitration will be conducted only on an individual basis between You and Consignment4kids and not in a class, consolidated or representative action or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If part of this provision is unenforceable, the remainder remains in effect.
The Site, Service or third parties may provide links to other websites or resources. Because Consignment4kids has no control over such sites and resources, you acknowledge and agree that Consignment4kids is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, purchased items or other materials on or available from such websites or resources. You further acknowledge and agree that Consignment4kids shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
MODIFICATION AND NOTIFICATION OF CHANGES
If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Consignment4kids may offer special promotional offers which may or may not apply to your Consignment4kids account. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and Consignment4kids will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Consignment4kids agree to submit to the personal jurisdiction of the federal and state courts located in the County of San Francisco in the State of California with respect to any legal proceedings that may arise in connection with these TOS. The failure of Consignment4kids to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Consignment4kids does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Consignment4kids and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and Consignment4kids with respect to the Site or Service.
Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is the buyer's responsibility to ascertain and pay all taxes due. Buyers claiming exemption from sales tax must have the appropriate documentation on file with Consignment4kids prior to the release of the property.
We display an "Estimated Tax" to be collected at Check Out when confirming an order. The amounts displayed as estimated tax may then be updated later when your order is finalized and completed.
HOW TO CONTACT US
If you have any questions or comments about these TOS or this Site, please contact us by email at: email@example.com.