BASIC SALES PACKAGE AGREEMENT

BASIC SALES PACKAGE AGREEMENT

IF SELLER WISHES TO SELL ITEM(S) TO BUY GOWN INC. THEN THE SELLER MUST READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND BY CLICKING "AGREE" THE SELLER CONFIRMS THAT THEY HAVE CAREFULLY READ, FULLY UNDERSTOOD, AND TOTALLY AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TERMS OF SERVICE. BUY GOWN’S TERMS OF SERVICE LOCATED AT WWW.BUYGOWN.CO/TERMS, ARE INCORPORATED BY REFEENCE AND MADE A PART OF THIS AGREEMENT TO WHICH SELLER IS AGREENG, AND SUCH TERMS OF SERVICE ADDITIONALLY APPLY TO ANY OF SELLER AND OUR ACTIVITIES UNDER THIS AGREEMENT. ONCE SELLER AGREES TO THIS AGREEMENT (LOCATED AT WWW.BUYGOWN.CO/BspA), IT WILL REMAIN IN EFFECT AND GOVERN ALL TRANSACTIONS BETWEEN SELLER AND BUY GOWN UNTIL SELLER OR BUY GOWN TERMINATE IT PURSUANT TO CLAUSE 4 OF THIS AGREEMENT.

PLEASE READ THIS AGREEMENT CAREFULLY. THE TERMS AND CONDITIONS IN THIS BUY GOWN DIRECT PACKAGE AGREEMENT (THE “AGREEMENT”) CREATE A CONTRACT BETWEEN SELLER (“SELLER” OR “YOU”) AND BUY GOWN INC. (“BUY GOWN”, “US” OR “OUR”) collectively referred to as the "Parties."

 

1. DEFINITIONS
1.1 Seller: The individual or entity who owns the Item(s) and is listing them for sale on BUY GOWN.

1.2 BUY GOWN: BUY GOWN INC., a New York corporation, that provides a platform for the Seller to list and sell their Item(s).

1.3 Buyer: The individual or entity who purchases the Item(s) from the Seller via BUY GOWN.

1.4 Sale: A Sale is defined as the date when BUY GOWN receives 100% payment from a Buyer.

1.5 Net Selling Price: The price at which an Item is sold, less applicable fees, discounts, promotions, and excluding taxes and shipping.

1.6 Pre-loved Item(s): Items that have been previously owned or worn but remain in good to excellent condition suitable for resale.

1.7 Secure Return Tag: A tag attached to items sold through BUY GOWN to prevent the use of the item before the return period expires.

1.8 Business Day: Any day other than a Saturday, Sunday, or a legal holiday in the State of New York.

1.9 Commission: The amount to be paid by BUY GOWN to the Seller.

 

2. ELIGIBLE ITEMS

2.1 Branded new or pre-loved wedding and evening gowns with a retail price of $1,500 or more.

2.2 Branded new or pre-loved children's dresses with a retail price of $1,000 or more.

2.3 Branded new or pre-loved bridal capes with a retail price of $1,000 or more.

2.4 Branded custom-made gowns by emerging designers with a retail price of $1,500 or more.

3. DESCRIPTION OF LISTED ITEMS

3.1 The Seller agrees to list the Item(s) for sale as per the guidelines of this Agreement. The Seller warrants that they have full legal ownership of the Item(s) and the right to list them for sale on BUY GOWN.

 

4. TERMS AND TERMINATION

4.1 This Agreement shall commence on the date first above written and continue until terminated by either party with thirty (30) days' prior written notice.

4.2 BUY GOWN may terminate this Agreement without providing any explanation in the event of a breach by the Seller, non-compliance with terms, Seller’s misbehavior, or if BUY GOWN determines that the Item(s) do not meet the required standards. Termination will be effective on the date of such notice.

4.3 Upon termination, BUY GOWN shall return any unsold Item(s) to the Seller within fourteen (14) days. All outstanding payments for sales proceeds, transaction fees, refunds, storage or handling fees, and inspection fees shall be settled by the Parties.

4.4 BUY GOWN reserves the right to accept or reject any Item(s) for any reason.

 

5. RESPONSIBILITIES OF THE PARTIES

Seller Duties:

5.1.1 Ensure Item(s) are authentic and provide accurate descriptions.

5.1.2 Maintain ownership rights until the Item(s) are sold.

5.1.3 Pay a non-refundable fee of $7 per item at the time of listing submission.

5.1.4 Retain possession of the Item(s) until they are sold and ensure they remain in the same condition.

5.1.5 Ship the sold Item(s) to BUY GOWN within three (3) business days after receiving written sales notice from BUY GOWN. Item(s) must be in the same condition as presented in the listing.

5.1.6 If the Seller decides not to sell the Item(s) or if the Item(s) are damaged, not in possession of the Seller (sold, lost, etc.), or for any other reason when the Seller is unable to provide the Item(s), the Seller must immediately inform BUY GOWN.

5.1.7 Make efforts to provide all available original purchase receipts, labels, and packaging of the Item(s).

5.1.8 Provide full and correct contact and payment information, including name, address, phone number, email, payment account details.

5.1.9 Respond and communicate with BUY GOWN in a timely manner.

 

BUY GOWN Duties:

5.2.1 Market and facilitate the sale of the Item(s) through designated channels.

5.2.2 Provide regular updates to the Seller on the sale status of their Item(s).

5.2.3 Handle customer interactions and transactions.

5.2.4 Inspect the Item(s) upon receipt to ensure they meet the description, condition, and authenticity before sending them to the Buyer.

5.2.5 Respond and communicate with Seller in a timely manner.

5.2.6 Provide its services and keep the Item(s) listed as long as Seller is in full compliance with this Agreement.

 

6. CONDITION OF LISTED ITEMS

6.1 The Seller warrants that all items listed are in pristine condition, absolutely neat, clean, with functioning zippers (if applicable), and free from any damage or odors. All Item(s) shall be in one of the following states:

  • Brand new with tags.
  • Brand new without tags.
  • Pre-loved in perfect condition.
  • Pre-loved in medium condition.

 

7. PRICING AND PAYMENT

7.1 The Seller is free to set their own price for the items. However, to sell items more quickly, BUY GOWN advises the following price range:

  • Brand new with tags: 60% of retail price
  • Brand new without tags: 50% of retail price
  • Pre-loved in perfect condition: 35% of retail price
  • Pre-loved in medium condition: 25% of retail price

7.2 The Seller will receive a commission of seventy-five percent (75%) of the Net Selling Price the Item(s) was listed and sold for on www.buygown.co, less any applicable transaction fees. For example, if the Item(s) is sold for $1,000, the Seller receives $750.

7.3 Payments will be made to the Seller within thirty (30) business days after the Item(s) is sold.

7.4 Payment methods include Zelle, Venmo, PayPal, and Cash App.

 

8. SHIPPING AND INSPECTION

8.1 The Seller retains the item until it is purchased by a buyer. Once the payment clears, BUY GOWN will notify the Seller, who must ship the item within 3 business days using the provided FedEx or UPS Ground label.

8.2 Upon receiving the item, BUY GOWN will conduct a final inspection to verify the item's condition, description, and authenticity.

8.3 If the item fails inspection, it will be returned to the Seller within 7 business days, and the Buyer will receive a full refund.

 

9. AUTHENTICITY VERIFICATION

9.1 BUY GOWN's Authenticity Verification Department will inspect each item for fabric quality, stitching, logos, labels, tags, hardware, and overall construction to confirm authenticity.

9.2 The Seller warrants that each item listed is authentic and agrees to indemnify BUY GOWN against any claims arising from the sale of counterfeit goods.

PLEASE READ CAREFULLY OUR AUTETHICITY VERIFICATION PROCEDURE (located at www.buygown.co/authenticity)

 

10. SELLER’S PROTECTION

10.1 SECURE RETURN TAG: All items shipped to Buyers will include a Secure Return Tag to prevent usage before the return period expires. Damaged or removed tags will render the item ineligible for return.

10.2 Inspection of Returns: Returned items will be inspected for signs of use or damage. If an item shows signs of use, the return will be rejected, and the Buyer will be held responsible for any discrepancies.

 

11. ACCOUNT SUSPENSION

11.1 BUY GOWN reserves the right to suspend the Seller's account if two or more Item(s) listed by the Seller do not meet the description, if their authenticity cannot be established, or if the Seller does not provide the sold Item(s) within 3 days as required.

 

12. RISK OF LOSS AND INSURANCE

12.1 BUY GOWN accepts the risk of loss or damage to items only when BUY GOWN takes physical possession of the Item(s) or when the Seller uses BUY GOWN’s approved shipping label and method.

 

13. SELLER’S REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

13.1 The Seller represents and warrants that:

  • The Seller is at least 18 years of age.
  • The Item(s) are authentic, free from any liens or encumbrances, and meet the conditions specified in this Agreement.
  • No Item(s) are counterfeit goods or infringe upon any trademark, copyright, or other intellectual property.
  • No Item(s) are from, or the result of, illegal activity, including theft or fraud.
  • The Seller will indemnify and hold BUY GOWN harmless from all damages, suits, litigation, awards, and costs, including but not limited to reasonable attorneys’ fees and costs, incurred by BUY GOWN as a result of or arising in any way out of BUY GOWN’s display or sale of the Item(s), including but not limited to, civil or criminal suits over authenticity or ownership of the Item(s).

 

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 This Agreement, or the breach thereof, and all claims relating to or arising out of this Agreement will be governed exclusively by the laws of the State of New York.

14.2 Any dispute between the Parties will be resolved exclusively in the state or federal courts of New York, sitting in Kings County, New York City.

14.3 The Parties waive their right to a jury trial, and any dispute shall be resolved through binding arbitration, except for claims pursued in small claims court.

 

15. MISCELLANEOUS PROVISIONS

15.1 Amendments: BUY GOWN may update or change any terms and conditions of this Agreement upon thirty (30) days’ notice, except as set forth in “Pricing and Payment” which may be changed without notice.

15.2 Entire Agreement: This Agreement, including our TERMS OF SERVICE, sets forth the final, complete, and exclusive agreement between the Parties.

15.3 Force Majeure: Neither party shall be liable for any failure or delay in performance arising out of circumstances beyond its control, including but not limited to acts of God, war, terrorism, epidemics, or government actions.

15.4 Severability: If any term of this Agreement is found to be void or unenforceable, the remainder of this Agreement will remain valid.

15.5 Headings: Headings used in this Agreement are for convenience only and will not be used to construe meaning or intent.