TERMS & CONDITIONS
These Seller Terms and Conditions (“Seller Terms and Conditions”) govern your buying and selling of goods using services offered by Label Society, LLC (“Label Society” or “we” or “us”).
BY USING OUR SERVICES TO BUY AND SELL GOODS, YOU ACCEPT ALL OF THE PROVISIONS OF THESE SELLER TERMS AND CONDITIONS AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE SELLER TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE SELLER TERMS AND CONDITIONS, THEN YOU ARE NOT AUTHORIZED TO BUY OR SELL GOODS USING ANY OF LABEL SOCIETY’S SERVICES.
For purposes of these Seller Terms and Conditions, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Seller Terms and Conditions, and that you agree to these Seller Terms and Conditions on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
All users who sell goods using the Services must accept and comply with the terms and conditions set forth here. If you have any questions regarding these Seller Terms and Conditions, please contact us via email at firstname.lastname@example.org.
All items are final sale. Please contact email@example.com before purchasing if you have any questions regarding condition of an item or for additional photos, we are more than happy to provide that. We guarantee authenticity on every item, if there is a concern regarding authenticity please contact us. We make every effort to ensure the authenticity of every item we sell. However, if any item is ever proven to be inauthentic we will issue a full refund plus any shipping fees if purchased online.
These items are in pre-owned condition unless stated otherwise so minor imperfections are to be expected, we will list any major signs of wear in the item description. If any original packaging is provided with an item such as dust bag and/or box, it will be stated in the description.
Items are sold as is. We are not responsible for any damage occurring after an item is purchased. We thoroughly inspect all items but are unable to foresee the impact of future use. We do not honor any brand specific warranties.
- Buyout Items
- Price Quotes. You may submit to Label Society pictures and details of items for direct sale on our website (“Buyout Items”). After receiving your submission, Label Society will review your item. If Label Society determines in its sole discretion that your Buyout Item is acceptable for sale, Label Society will email you a price quote for your Buyout Item (“Buyout Offer”). If you accept the Buyout Offer, you must deliver your Buyout Item to Label Society for assessment and possible sale via shipping or store drop-off. Seller is responsible for shipping items in to us and insuring the package. We are not responsible for lost packages or packages/items damaged in transit.
- Offers are valid for (10) days, at which time they expire. Once an offer has expired, you may resubmit a quote request for a new offer.
- Assessment. Upon receipt of your Buyout Item, Label Society will review your Buyout Item to confirm that it is authentic pursuant to Section I.1 and that its condition is consistent with the description you provided in your original submission.
- Authentic Items in the Represented Condition. If Label Society determines that your Buyout Item is authentic and in the condition described in your original submission, Label Society will issue payment to you for the Buyout Offer.
- Authentic Items in Different Condition. If Label Society determines that your Buyout Item is authentic but not in the condition described in your original submission, Label Society will deliver to you an updated Buyout Offer. Accessories (straps, locks and keys, pouches, etc.) that were expected but not shipped by the seller may also result in Label Society delivering an updated Buyout Offer. If you accept Label Society’s updated Buyout Offer, then Label Society will issue payment to you for the updated Buyout Offer. If you reject Label Society’s updated Buyout Offer, then Label Society will return the Buyout Item to you.
- Unauthentic Items. In Label Society determines that your Buyout Item is not authentic, then Label Society will proceed with the cancellation procedures. You are responsible for return shipping cost and our authentication charge $35 ($150 Hermes) or your item is subject to disposal.
- Authenticity & Cancellation
- Authenticity. You represent and warrant that all items you submit for consignment sale (“Consignment Items”) and Buyout Items (collectively, “Sale Items”) are authentic, as determined in Label Society’s sole discretion. Sale Items are not deemed authentic by Label Society until received, reviewed, and approved by Label Society. Issuance of payment by Label Society for any Sale Item is not evidence of authenticity. If any Consignment or Direct Buy item is found to be a counterfeit, or not authentic, Label Society will return the item to the seller upon payment of Shipping Cost and Authentication Fee: $35, or $150 if the item is Hermes. Seller agrees to return ANY and ALL funds issued for such item(s) to Label Society.
- Consignment Items. All sales are deemed final at the time of sale. Notwithstanding the foregoing, in the event we determine that any Consignment Item is not authentic or you request that any Consignment Item be returned to you and not sold prior to the end of the Term, (i) you will immediately return to Label Society any and all payments issued to you for such Consignment Items, (ii) you will pay to Label Society an authentication fee of $35 or $150 for Hermes Consignment Items + 10% of item listing price. Label Society will return your Consigned Item at your sole expense; provided, however, that Consignment Items for which any Authentication Fee/Listing Fee has been left unpaid for sixty (30) days or more may be disposed of.
- Buyout Items. All sales are deemed final at the time of sale.
- Retention of Sale Items. We reserve the right to take any action permitted under the law to offset any costs incurred by Label Society in connection with your submission of unauthentic Sale Items, including but not limited to retaining any of your authentic Sale Items or referring the matter to a third party collections agency.
- Pricing; Fees; Discounts
- Pricing. Label Society reserves the right to determine prices for all Sale Items in its sole discretion based on comparable prices for items of the same or similar style and condition. Prices for Sale Items are not guarantees of future payment amounts. Label Society may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. We reserve the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error.
- Consignment Fees. Label Society will take as fees the following percentages from the proceeds of the sale of your Consignment Items:
Handbags or items with a selling price over $5000
Handbags or items with a selling price of $2500-$4999
Handbags or items with a selling price of $1000-$2499
Handbags or items with a selling price of $250-$999
Handbags or items with a selling price under $249
We may change these fees from time to time by posting the changes on the Website or by otherwise providing written notice to you of such changes.
- Discounts. Label Society reserves the right to discount the sale price of items that remain unsold after thirty (30) days. You will be notified before any changes are made.
- Term; Termination
- Term. These Seller Terms and Conditions will be effective upon your submission to Label Society of any Sale Item and will continue until terminated in accordance with these Seller Terms and Conditions (the “Term”). The Term of Consignment is 90 days.
- Early Termination. Early termination of a Consignment agreement will result in an authentication fee charged to the Seller of US $150 for Hermes Items or $35 for all other Items (each, an “Authentication Fee”).
- Payment Methods. For buyouts and sold consignment items you will be paid via PayPal or mailed check to address provided. Please specify when accepting offer.
- Payments. Subject to these Seller Terms and Conditions, Label Society will issue payment for the sale of a Consignment Item minus the applicable fees described in these Seller Terms and Conditions, to your payment method chosen in your consignment offer form; provided that Label Society will only issue payment after purchaser’s payment for such Sale Item has cleared and the Sale Item has shipped. Subject to these Seller Terms and Conditions, Label Society will issue payment for a Buyout Item once (i) Label Society has received, assessed and authenticated the Buyout Item and (ii) you have accepted Label Society’s final Buyout Offer, including updated Buyout Offers made after Label Society’s assessment. Label Society will issue your payment according to the payment method selected within your offer agreement. Payment methods include: Check, PayPal, or Label Society store credit. Payment methods cannot be changed for payments that have already been initiated.
- General Provisions
- Modifications. We may modify these Seller Terms and Conditions at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Seller Terms and Conditions. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the Website. However, it is your sole responsibility to review the Seller Terms and Conditions from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Seller Terms and Conditions. If you do not agree with the modifications to the Seller Terms and Conditions, then please do not access or use the Services to sell goods.
- Violations. If we believe you are violating these Seller Terms and Conditions, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Label Society and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Bee Cave, Texas before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Label Society’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.