Seller Terms and Conditions
Last Revised 08/07/20
BY USING THE SERVICES TO 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 SELL GOODS USING ANY OF FASHIONPHILE’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 herein. If you have any questions regarding these Seller Terms and Conditions, please contact us via email at [email protected]
- Buyout Items
- Price Quotes. You may submit to Fashionphile descriptions and pictures of items for direct sale on our website (“Buyout Items”). After receiving your submission, Fashionphile will review your submission. If Fashionphile determines in its sole discretion that your Buyout Item is acceptable for sale, Fashionphile will email you a price quote for your Buyout Item (“Buyout Offer”). Otherwise, Fashionphile will notify you that your Buyout Item is not acceptable for sale. If you accept the Buyout Offer, you must deliver your Buyout Item to Fashionphile for assessment and possible sale.
- Quotes are valid for thirty (30) days, at which time they expire. Once a quote has expired, you may resubmit a quote request for a new quote. We request that you do not submit the same item more than one time in a 30 day period, regardless of which account you use.
- Assessment. Upon receipt of your Buyout Item, Fashionphile 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 Fashionphile determines that your Buyout Item is authentic and in the condition described in your original submission, Fashionphile will issue payment to you for the Buyout Offer.
- Authentic Items in Different Condition. If Fashionphile determines that your Buyout Item is authentic but not in the condition described in your original submission, Fashionphile will deliver to you an updated Buyout Offer. Accessories (straps, locks and keys, pouchettes, etc.) that were expected but not shipped by the seller may also result in Fashionphile delivering an updated Buyout Offer. If you accept Fashionphile’s updated Buyout Offer, then Fashionphile will issue payment to you for the updated Buyout Offer. If you reject Fashionphile’s updated Buyout Offer, then Fashionphile will return the Buyout Item to you.
- Unauthentic Items. In Fashionphile determines that your Buyout Item is not authentic, then Fashionphile will proceed with the cancellation procedures for Buyout Items described in Section II.2(b).
- 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 Fashionphile’s sole discretion. Sale Items are not deemed authentic by Fashionphile until received, reviewed, and approved by Fashionphile. Issuance of payment by Fashionphile 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, Fashionphile will return the item to the seller upon payment of an Authentication Fee of $75, or $125 if the item is an Hermes Birkin or Kelly. Seller agrees to return any and all funds issued for such item(s) to Fashionphile.
- 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, subject to the terms of Section 4 below, 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 Fashionphile any and all payments issued to you for such Consignment Items, (ii) you will pay to Fashionphile an authentication fee of US $125 for Hermes Birkin or Kelly Consignment Items or US $75 for all other Consignment Items (each, an “Authentication Fee”), and (iii) Fashionphile will return to you such Consignment Item at your sole expense; provided, however, that Consignment Items for which any Authentication Fee has been left unpaid for sixty (60) days or more may be destroyed.
- Buyout Items. All sales are deemed final at the time of sale. Notwithstanding the foregoing, in the event Fashionphile determines that your Buyout Item is not authentic or you request that any Buyout Item be returned to you and not sold prior to the end of the Term, (i) you will immediately return to Fashionphile any and all payments issued to you for such Buyout Items, (ii) you will pay to Fashionphile an Authentication Fee of US $125 for Hermes Birkin or Kelly Consignment Items or US $75 for all other items, and (iii) Fashionphile will return to you such Buyout Item at your sole expense; provided, however, that Buyout Items for which any Authentication Fee has been left unpaid for sixty (60) days or more may be destroyed.
- Retention of Sale Items. We reserve the right to take any action permitted under the law to offset any costs incurred by Fashionphile 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. Fashionphile 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. Fashionphile 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. Fashionphile will take as fees the following percentages from the proceeds of the sale of your Consignment Items:
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.
- 30% of the sale price up to a sale price of US $3,000; and
- 15% of the sale price for the portion of a sale price in excess of US $3,000.
- Discounts. Fashionphile reserves the right to discount the sale price of items that remain unsold after thirty (30) days.
- Term; Termination
- Term. These Seller Terms and Conditions will be effective upon Fashionphile’s receipt of any Sale Item and will continue until terminated in accordance with these Seller Terms and Conditions (the “Term”). The initial term of Consignment shall be 90 calendar days and, upon the expiration of such initial term, will automatically renew for successive 90-day periods.
- Early Termination. Early termination of a Consignment agreement within 180 days of the Term will result in an authentication fee charged to the Seller of US $125 for Hermes Birkin or Kelly Items or US $75 for all other Items (each, an “Authentication Fee”)
- Payment Methods. You must maintain a payment method on file when selling through the Services. You acknowledge and agree that all information you provide with regards to your payment method, including, without limitation, credit card, debit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.
- Payments. Subject to these Seller Terms and Conditions, Fashionphile 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 on file; provided that Fashionphile 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, Fashionphile will issue payment for a Buyout Item once (i) Fashionphile has received, assessed and authenticated the Buyout Item and (ii) you have accepted Fashionphile’s final Buyout Offer, including updated Buyout Offers made after Fashionphile’s assessment. Fashionphile will issue your payment according to the payment method selected within your user account. Payment methods include: wire transfer (subject to a $50 fee per transfer), direct deposit, check, Neiman Marcus Gift Card or Fashionphile store credit. Neiman Marcus Gift Card and Fashionphile store credit payments will enjoy an additional 10% bonus in value. You may change your payment method at any time; however, changes will apply to future payments only. Payment methods cannot be changed for payments that have already been initiated.
- Neiman Marcus Gift Cards. As a Seller to Fashionphile selecting Neiman Marcus Gift Cards as payment method, Seller acknowledge that Fashionphile, and not Neiman Marcus, is the merchant and/or distributor of Neiman Marcus Gift Cards and that Neiman Marcus has no liability to the Seller arising out of the Seller's participation in Fashionphile's Buyout, Consignment, or BuyBack Programs, and that Fashionphile is solely responsible for these Programs. More information can be found regarding Neiman Marcus Gift Card terms and conditions here.
- 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.