Fashion Constellate, includes its fashion resale marketplace (“Marketplace”) and its research archive (“Archive,” collectively with Marketplace, “Services”) through its websites (collectively, “Website”). Topics covered below will refer to business owners selling fashion on the Marketplace (“Seller”), products listed for sale and/or sold on the Marketplace (“Product”), people buying clothing on the Marketplace (“Buyer”) and people using the Archive for research (“Subscriber,” collectively with Seller and Buyer, “User”).
Fashion Constellate General Requirements
Users will conduct themselves with integrity and should be respectful to and of other Users and/or Fashion Constellate staff at all times.
Prohibited Use of Services
Prohibited Shop Names & User Names:
Knowingly taking someone else’s shop name to prevent them from conducting business on Fashion Constellate is prohibited.
Shop names and or user names containing or implying words or actions promoting vulgarity, hate, bigotry or sexual content are prohibited.
Falsely identifying yourself or your business as a trademarked entity is prohibited.
Prohibited Actions & Behaviors:
Any action or behavior that promotes or glorifies hate speech or hate groups.
Any action or behavior that promotes or glorifies discrimination or bigotry.
Any action or behavior that promotes or glorifies illegal activity.
Any action or behavior that purposely harms and/or sabotages another User and/or their business.
Any action or behavior that is meant to threaten, intimidate, bully, insult or harass another User
Fraudulent, dishonest or illegal actions or behaviors of any kind.
Any use of profanity, hate speech, racial slurs, verbal abuse or bigoted language of any kind.
Any comments about a model, of any kind, no matter the intent.
No User should infringe upon the rights or experience of other Users at any time.
Reverse engineering, decompiling, disassembling, modifying or creating derivative works of the Services.
Circumventing any technology used by Fashion Constellate to protect the Services.
Using any other person’s username or password.
Allowing another user to use your account by providing them with login information.
Using any means (including bots, scrapers and spiders) to view, access or collect information from the Services.
Any action that negatively affects the Users of the Services.
Posting hateful, racist or otherwise offensive imagery is prohibited.
Posting nudity or sexually explicit imagery is prohibited.
Engaging in prohibited Use of Services will result in Fashion Constellate, at their sole discretion, taking action against the User’s account, which may include: account restrictions, penalties, fines or removal from Fashion Constellate.
Limit of Liability
If you submit a suggestion to Fashion Constellate regarding any of our Services, we may use your idea without any obligation to you.
You are solely responsible for protecting and securing your confidential username and password.You understand that you are responsible for all use, including any unauthorized use, of your username and password on the Services. If your username and/or password are lost and/or stolen, or if you believe that someone has had unauthorized access to your account, you must notify Fashion Constellate immediately and change your password as soon as possible.
Please contact our customer support team here.
We will do our best to respond to all customer inquiries within a reasonable timeframe, but we can make no guarantee that all customer inquiries will receive a reply within a designated timeframe and/or that we will be able to answer all customer inquiries.
Fashion Constellate: Marketplace Requirements
Fashion Constellate is a Marketplace
Fashion Constellate is a Marketplace for Buyers to find and purchase products from professional Sellers. If you make a purchase on the Marketplace, you are not making a purchase from Fashion Constellate. By completing a transaction on Fashion Constellate, you understand that you are completing a purchase with one of the many Sellers who use the Marketplace to conduct business.
Fashion Constellate pre-screens Sellers. This does not mean we are able to guarantee or endorse any product sold on our website. Content posted by Sellers does not necessarily represent the views or approval of Fashion Constellate or its staff.
Merchandise Permitted, Prohibited, or Restricted on the Marketplace
Permitted Products Include:
Fashion products of any kind with the majority being at least 20 years old or having a designer label.
Prohibited Products include, but are not limited to:
Illegal Products, Illegal Materials, Counterfeit Products, Hazardous Materials, Weapons, Illegal Animal Products, Illegal Furs, Illegal Skins, Hides or Leathers of any kind.
Products that promote hate speech, hate groups, discrimination or bigotry.
Fashion Constellate may, at its sole discretion, remove any products that it deems offensive or sensitive.
Fashion Constellate Fees
Sellers will be charged $0.05 when they publish a listing
Sellers will be charged $0.05 when they renew a listing
Fashion Constellate listings expire after 1 month unless scheduled to auto renew.
Listing fees are not refundable if the product hasn’t sold
If the listing has a product quantity greater than 1, the seller will only be charged for 1 listing.
The seller will be charged 10% of the Product sale price when a Product sells.
There are no transaction fees on the cost of shipping. If sellers attempt to avoid transaction fees by inflating or misrepresenting shipping costs, they will be removed from the Marketplace.
Users that violate any of the Policies set forth by Fashion Constellate risk being fined, penalized or removed from the Fashion Constellate Website.
Fashion Constellate will, at its sole discretion, determine the monetary cost of the fine based on the severity of the violation and the history of the User.
Fines must be paid in full before a User can regain access to Services.
Fee Avoidance is Prohibited
Engaging in fee avoidance is prohibited and will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Fee Avoidance includes, but is not limited to:
Inflating shipping costs to avoid transaction fees
Pressuring buyers to purchase products outside of Fashion Constellate
Any attempt to avoid paying transaction fees or listing fees
Product Listing Policies:
Product Listing Content & Creation Requirements:
Fashion Constellate is a marketplace for fashion and fashion related Products only. 98% of each Seller’s listed Products must be fashion or fashion related and at least 20 years old or fashion that has a designer label.
Listings shall not violate intellectual property rights by including content for which the buyer does not have authority to use. All listing content must be written by the shop owner or an employee of the shop selling the Product. Using listing content from other sellers or sources, even if permission is granted, is prohibited.
Information provided in listings should be accurate, comprehensive and truthful.
Listings can be published for one of three things:
A shipping or service upgrade
A Reserve Listing for a Buyer that wants to Reserve a Product (please see our Reserve Process Policies below)
Creating multiple listings for a single product is prohibited and will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
The exception to this rule is products being sold using the Reserve Process. Please see the Reserve Process Policies below.
All Products for sale must be in the seller’s possession. Drop shipping is strictly prohibited.
Deceptive listing practices of any kind are prohibited.
Engaging in prohibited listing practices, of any kind, will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Product Images & Photography
Engaging in prohibited product photography practices, of any kind, will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Using images from other Sellers or businesses, even if permission is granted.
Models must not be photographed nude or in a sexually explicit way.
If your product contains nudity or sexually explicit imagery, it must be censored.
Stock photos of any kind, rights-free images, public domain images, and/or images not of the item listed are prohibited.
Photos with added text, logos, web addresses, watermarks or photos used as messages are prohibited.
Editing images in a way that is misleading to the Buyer
Images that are not in focus, have excessive shadows, grain, noise or other artifacts due to interpolation, compression or automatic/default camera settings.
Content violating any of the Fashion Constellate policies may be deleted at its sole discretion.
Aspect ratio should be as close to square as possible.
sRGB color space is preferred.
Distracting props, backgrounds or other non-product information or context included with your listing images is discouraged.
Limit editorial photos to 1 of 10 images used within the listing or a maximum of 2 images of 15 total.
Shop owners must own the copyrights to any image they upload. Fashion Constellate does not condone or tolerate copyright infringement.
File format must be jpg/jpeg.
Product Photography must be a minimum 1500 pixels at 72dpi on the smallest side, but larger will be accepted.
Shop Banner Image is 1130x161 pixels
Shop Icon Image is 164x145 pixels
Listing images should be focused on documenting the item for sale in a neutral environment.
A minimum of 5 Product images must be uploaded to publish a listing. A maximum of 15 images can be accepted.
Products must be in focus, well lit and shown from multiple angles.
A neutral background.
Consistent styling, background and forms throughout the shop.
Product images must spotlight the Product, not the model, props, accessories or background.
The entire garment should be visible in the first image with the exception of pant suits which can be shown from the knee up.
If the Product has a label, signature or other defining maker’s mark, it must be shown in the Product images.
If there are any flaws, they should be shown in the Product images when possible.
All Product images must be taken by the Seller or an employee of the business selling the Product.
All product images must show the actual product for sale.
Products may be pinned or clipped to show proper fit.
Crinolines, hoops, slips and petticoats not included for sale may be used to show proper style.
Accessories not included with purchase may be used to show styling options, but they must not alter the true style of the garment.
Styling or photographing a garment in a way that purposely hides its flaws or alters its true style or silhouette is considered deceptive and is prohibited.
Choosing a Returns Option:
There are two options in the Returns dropdown menu: Yes & No
If the Seller does not accept returns, they must choose the option No.
If the Seller accepts returns, they must choose the option Yes.
If the seller chooses to offer returns, they must comply with the Fashion Constellate Return Policy
If the Seller chooses to accept a return for a product that Fashion Constellate declares non-returnable, Fashion Constellate will not be able to provide Seller support for a return dispute. The Seller will be responsible for accepting the return.
If a Seller accepts returns, they must adhere to the Fashion Constellate Return Policy provided by the Marketplace.
If a Seller offers returns, failing to adhere to the Fashion Constellate Return Policy will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Choosing Product Era:
Products must be dated accurately. If the Seller is unsure of the era, the Product era can be marked as “Unknown”.
If your Product is on the cusp of two decades, choose the decade that is most indicative of the Product style.
If your Product is made to look like it’s from a different era, choose the era in which it was made. Sellers must be clear on when the Product was produced if/when referring to an era the Product is emulating.
Maliciously misdating Products is prohibited and will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Using terms, like "80s does 50s" that may confuse Buyers is prohibited and will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Sellers must adhere to the Fashion Constellate Condition Chart.
Information provided about product condition should be detailed and accurate.
Description of any and all flaws must be located in the Condition Details section of each listing.
Adding Product flaws in the Description section, providing false condition information, or attempting to mislead the Buyer about the actual Product condition is prohibited and will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
If the Product has a label, signature or maker’s mark, it must be included in Product images.
Title, Description and Label entry should only contain information representing the actual label, signature and/or maker’s mark on the Product.
Falsely using designer, label, shop, style, brand or maker names and/or spamming the search function with inaccurate information and/or attempting to mislead a Buyer in any way is prohibited and will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Approximate Size & Universal Size Charts:
Sellers must adhere to the Fashion Constellate Size Chart.
Some Products may be suitable for more than one size and sellers may select multiple sizes only if they apply.
Sellers should use their best judgement for Products with unique measurements or unusual styles that are difficult to size.
False or misleading size information is prohibited and will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
All measurements must be entered in inches.
All standard measurements must be added in the measurements section.
If there is more than one custom measurement, the additional custom measurements can go in the Description section.
Seller Responsibilities & Requirements
Fashion Constellate Universal Seller Charts & Policies
Sellers must adhere to the Fashion Constellate Condition Chart provided by the Marketplace.
Sellers must adhere to the Fashion Constellate Size Chart provided by the Marketplace.
Sellers offering returns must adhere to the Fashion Constellate Return Policy provided by the Marketplace.
Failing to adhere to the Fashion Constellate Condition Chart, Fashion Constellate Size Chart and/or Fashion Constellate Return Policy will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Customs Documents: Altering or falsifying customs documents is prohibited. Customs fraud occurs when internationally shipped goods are imported in such a way as to avoid payment of the proper import duties. This may include undervaluing goods, misclassifying goods, or various other forms of fraud. Such activities are specifically forbidden within transactions through and relating to the Marketplace. In the event that it learns that a Marketplace transaction has involved customs fraud, Fashion Constellate may, at its sole discretion, report the fraud to appropriate authorities.
Once a transaction has been completed, Sellers may not request any additional funds or payment from a Buyer to ship the product.
The exception to this rule is products being sold using the Reserve Process, please see Reserve Process Policies below.
Sellers can have more than one shop if each shop is selling different products.
Each new shop must get approved by Fashion Constellate. If you are already approved under a different shop name, include that information with your application.
All products should be shipped within the handling time designated on the listing. If shipping is delayed for any reason, the Seller should notify the Buyer immediately.
Products must be packed in a way that protects the Product from the hazards of transit.
Products must be shipped using the service the customer paid for.
Shipping upgrades are permitted at the sole discretion of the Seller.
Shipping downgrades are prohibited.
Sellers may add extra services at their discretion, including, but not limited to: Insurance, upgraded shipping, signature confirmation and tracking.
If a seller chooses to add services or shipping upgrades after the transaction is complete, the buyer will not be charged.
If a buyer requests that services be added, the buyer will be charged.
Buyer Responsibilities & Requirements
Prior To Purchase
Ask all questions before you complete a purchase. This includes questions about the Product, shipping and/or returns.
Request special shipping services prior to purchase. Not all specialty services are available to all Sellers or for all Products, requests made after purchase may not be fulfilled.
Make sure your ship-to address is accurate. This cannot be changed after purchase.
Completing a purchase through Fashion Constellate confirms that you:
Have read, understand and agree to the entirety of the Product listing contents
Approve of and understand the entirety of the Product Condition Description
Have reviewed the Product measurements and verify that they are suitable for your needs
Have read, understand, and agree to the entirety of the Fashion Constellate Guide to Buying Vintage & Pre-Owned Fashion
Each Buyer is responsible for:
Providing a current and accurate ship-to address.
Determining fit using the measurements and other information provided within each listing.
Understanding any allergies they might have to textiles, scents and/or any other remnants of a Product’s past life including, but not limited to: animal dander, tobacco products, perfumes & mold.
Tracking their shipment and for communicating with their postal service or customs office regarding:
Proper procedure for delivering packages if there is no one at the delivery destination.
Picking up products that may be at the post or customs office.
Paying any fees or taxes associated with imported goods or customs.
Understanding there may be delays in shipping due to: unforeseen events, holidays, natural disasters, global pandemics, postal strikes, inclement weather, war or other events not noted here.
Buyers are responsible for communicating with the Seller regarding their purchase if:
Their package has not been shipped in a timely manner.
Their package has not been received and/or the postal service has no record of it.
Their package was damaged upon receipt.
Their package has been sent back to the seller for any reason.
International Buyer Responsibilities (for packages shipped outside of the United States)
Each Buyer is responsible for assuring that Products they purchase through the Marketplace can be lawfully imported to the country where shipment has been requested.
International orders may be subject to import taxes, customs duties, and/or other fees charged by the country in which the order is received. Such fees are charged once a shipment reaches the Buyer’s country and are the sole and exclusive responsibility of the Buyer. Fashion Constellate nor the seller controls or is responsible for predicting or paying such fees. Customs fees and policies vary from country to country and are regularly updated. Contact your local customs office for additional information. Clearance of customs may cause delays beyond the delivery estimate that may be provided to you by the seller or shipping service provider.
Asking a seller to falsify customs information is illegal and strictly prohibited. Fashion Constellate may, at its sole discretion, report the fraud request to appropriate authorities.
Contacting a customs office to locate a package is never the responsibility of the seller. Requesting that a seller contact your country’s customs department is prohibited.
Fashion Constellate only accepts payments through Stripe. No other payment method is approved or allowed.
To complete a purchase with a Seller, payment must be completed at checkout. Sellers will not ship an item until the payment has cleared.
Incomplete payments will not result in a purchase.
Credit Card fraud services will review and grade every transaction. It is at the discretion of the Seller and/or Fashion Constellate to approve or deny transactions based on information presented by Fraud Protection Services.
You are responsible for collecting and paying any taxes associated with using and making sales through Fashion Constellate’s Services.
Fashion Constellate will issue 1099-K forms to certain sellers to comply with IRS and State requirements.
As of August 2020 State and Local Tax (SALT) collection requirement thresholds throughout the US are currently above the transaction revenues being generated at Fashion Constellate. Therefore at this time (August 2020) there are no requirements for SALT collection. Upon revenue thresholds approaching SALT requirements for specific states or localities, taxes will be collected at the appropriate rate and submitted as per required by law for every transaction occurring within that state or locality until every threshold is approached at which time all transactions will be properly taxed as required by law.
Each buyer is responsible for assuring that products they purchase through the Marketplace can be lawfully imported to the country where shipment has been requested.
Products must be shipped to the address on file with the credit card. Sellers cannot edit the shipping address after purchase.
For address change requests after purchase has been completed, buyers will need to first contact the seller and request that they not ship the package. Buyers will then need to contact Fashion Constellate regarding the address and potential fraud protection. If the product(s) has already been shipped, there is no way to alter the shipping address. Packages shipped to incorrect addresses due to buyer mistake are not the responsibility of the seller or Fashion Constellate.
If a buyer requests a change and the seller changes a shipping address without contacting Fashion Constellate, there will be no chargeback or fraud protection available.
Sellers will ship Product within the handling time selected and displayed in the Product listing.
Sellers maintain the right to ship large orders in multiple boxes, add signature confirmation, add insurance, and/or add any other specialty service they deem necessary.
Sellers will ship products using the service the buyer paid for. Downgrading a shipping service is never acceptable. Upgrading a shipping service is permitted.
International orders may be subject to import taxes, customs duties, and/or other fees charged by the country in which the order is received. Such fees are charged once a shipment reaches the buyer’s country and are the sole and exclusive responsibility of the customer. Neither Fashion Constellate nor the seller controls or is responsible for predicting such fees. Customs fees and policies vary by country and are regularly updated. Contact your local customs office for additional information.
Clearance of customs may cause delays beyond the delivery estimate that may be provided to you by the seller or shipping service provider. Sellers are not responsible for delays caused by customs, government agencies, natural disasters, war zones, shipping services and/or any issue out of their control.
Customs fraud occurs when internationally shipped goods are imported in such a way as to avoid payment of the proper import duties. This may include undervaluing goods, misclassifying goods, or various other forms of fraud. Such activities are specifically forbidden within transactions through and relating to the Marketplace. In the event that it learns that a Marketplace transaction has involved customs fraud, Fashion Constellate may, at its sole discretion, report the fraud to appropriate authorities.
Feedback reports are received by Fashion Constellate. Fashion Constellate may, at its sole discretion, publish the feedback for any buyer or seller at any time.
All Marketplace users shall refrain from posting false, inaccurate, misleading, deceptive, defamatory, or libelous content regarding either Fashion Constellate or other Marketplace users.
Marketplace users may not use threats of negative review or negative feedback in exchange for changing the terms of a Marketplace transaction.
Marketplace users may not create false transactions for the purpose of improving one another’s feedback ratings or otherwise enhancing their reputations in the Marketplace.
Misuse of Marketplace feedback systems is prohibited and will result in immediate action being taken, which may include: penalties, fines or removal from Fashion Constellate.
Orders cancelled prior to shipment may incur a 10% cancellation fee.
If a shipping label has been printed, the order cannot be cancelled.
Orders that have already been shipped may be processed as a return only if the product is eligible.
Products eligible for returns will be noted within the listing as “Returnable: Yes”
Products noted within the listing as “Returnable: No” are not eligible for return.
All return requests are handled by Fashion Constellate.
Domestic Return Policies (Products shipped within the United States):
Buyer assumes all responsibility for return shipments.
To Return a Product:
The buyer must contact Fashion Constellate within 48 hours of Product receipt with a reason for return.
The buyer will receive a Return Merchandise Authorization (“RMA”) when the Product is approved for a return.
Returns without a RMA will not be accepted.
The RMA must be written on the outside of the package that is being returned or included in the shipping label text.
Returns must be shipped back via USPS priority mail with tracking information at the customer’s expense. If a customer ships a return without tracking information Fashion Constellate cannot provide Buyer support.
Return shipment must be scanned by USPS within 3 days of RMA receipt.
A tracking number must be provided to Fashion Constellate at time of return.
Products valued at $300 or more must be insured for the full purchase price.
The Seller will notify the Buyer when the Product has been received. If the return is received by the Seller in the same condition in which it was sent, a refund will be given to the Buyer within 5 business days of Seller receipt.
Refunds will be given for merchandise only, less a 15% restocking fee. Buyer is responsible for all shipping fees.
Returns must be received in the same condition as they were originally sent. Any and all tags must be attached and accessories must be included.
If the returned Product has been used, dry cleaned, damaged, and/or has a new odor (perfume, cigarette, incense, etc), original seller tags are not attached, and/or the Product has been altered in any way, a refund will not be given.
If a Buyer attempts to force a return by shipping a Product back without a RMA or by refusing delivery of a package:
This is considered fraudulent behavior.
No refund will be given. No Exceptions.
If the buyer’s fraudulent behavior continues, they will be removed from Fashion Constellate.
International Return Policies (Products shipped outside of the United States):
International purchases and shipments are not returnable.
If a Product is returned to the seller by customs or a mail carrier for any reason beyond the seller’s control:
The seller will contact the buyer upon receipt.
Within the initial contact message will be information on where to send a payment to reship the package.
The buyer will send the payment for renewed shipping within 7 days.
If the renewed shipping payment is not received within 7 days of initial contact, the product will be relisted for sale, no refund will be given and the original purchase price plus the original shipping cost will be forfeited by the buyer.
If a buyer attempts to force a return by refusing to pay customs charges:
This is considered fraudulent behavior.
No refund will be given. No exceptions.
If the buyer’s fraudulent behavior continues, they will be removed from Fashion Constellate.
Any product listed as Returnable: No
International packages, packages shipped to a country outside of the United States, are not returnable.
Products with a listed condition of: Deadstock, Fair, or Poor are not returnable.
Products older than 1960 are not returnable.
Products purchased on sale, discounted, purchased with a coupon or discount code, purchased through the Reserve Process, are not returnable. Any product marked down per customer request is not returnable.
The following products are not returnable for hygienic reasons:
This includes, but not limited to: shoes, socks, underwear, bras, hosiery, supporting or shaping undergarments (like jockstraps or girdles), lingerie, slips, camisoles, swimwear & hats.
The following products are not returnable due to packing and shipping risks:
Purses, accessories, neckties, bow ties, furs, products with fur trim, feathers and products with feather trim.
If the product has been changed in any way after receipt at the ship-to address it is not eligible for return. Changes can include, but are not limited to: Products that have been washed, dry cleaned, altered or damaged after sale or if the product has new odors, including but not limited to: perfume, incense, air freshener, dryer sheets, cigarettes, potpourri.
If you ask a seller to delay shipping, the product will no longer be returnable.
Permitted use of the Fashion Constellate messaging system:
Users can use the Fashion Constellate messaging system to contact Buyers and Sellers on the Website. Permitted use includes, but is not limited to asking or responding to questions about:
Listings and/or Products.
Shipping and/or handling times.
Special services like signature confirmation, alternate shipping services, shipping insurance or delayed shipping.
Use of the Fashion Constellate messaging system must be professional and ethical.
Prohibited use of the Fashion Constellate messaging system:
Harassment, verbal abuse, threats or discrimination of any kind.
Supporting or glorifying hatred, bigotry or misogyny.
Comments, of any kind, about the model.
Purposefully wasting the receiver’s time.
Trying to get the receiver to unknowingly engage with a fetish.
Any message with malicious intent or hurtful sentiment.
Any message including profanity or sexualy explicit content.
Any message including a lowball offer or any offer of more than 20% off of the retail price.
Unsolicited advertising requests and/or spam.
Requesting to trade goods or services in exchange for promotions or marketing of any kind.
Requesting the donation of goods or services for any reason.
Engaging in prohibited uses of the message system will result in immediate action being taken, which may include: account restrictions, fines or removal from Fashion Constellate.
User Dispute Resolution Policies
Disputes will be handled by Fashion Constellate on a case by case basis.
When sending information to Fashion Constellate to file a dispute, all information regarding the dispute must be sent in the initial message.
To enter the dispute process, please contact us here with all pertinent information.
Reserve Process Policies
Reserving a Product- A Reserve Customer is paying a Seller to store a Product for a predetermined length of time. During this time, the Reserve Customer is the only one with the option of purchasing the Reserve Product. If the Reserve Customer chooses to purchase the Reserve Product while it’s in storage, any Reserve Payments they have made will be applied toward the final purchase price.
Reserve Process - The act of creating and engaging in an Active Reserve Agreement.
Reserve Agreement - An agreement made between a Buyer and a Seller through the Fashion Constellate message system determining the terms of the arrangement including payment amounts, payment due dates and estimated shipping costs.
Reserve Customer - The individual Buyer that has negotiated the terms of the Reserve Agreement with the Seller.
Reserve Product - The product covered by the Reserve Agreement.
Reserve Listing - A specific listing through which the Reserve Customer can make Reserve Payments.
Reserve Payment - Payment made by the Reserve Customer to the Seller through the Reserve Listing covering the cost of storing and caring for the Reserve Product during the predetermined amount of time it is not for sale to the public. Any and all Reserve Payments are non-refundable and non-transferrable.
Active Reserve Agreement - When a buyer makes the first Reserve Payment through a Reserve Listing, the Reserve Agreement becomes an Active Reserve Agreement.
Void Reserve Agreement - If a Reserve Customer does not complete a scheduled Reserve Payment by the due date in the Active Reserve Agreement, it then becomes a Void Reserve Agreement and the Reserve Product will be relisted on Fashion Constellate and available for purchase.
Reserve Avatar Image - An image used specifically for Reserve Listings that helps differentiate the Reserve Listing from any other listings with Products available for sale.
Reserve Listing Text - A template of the text needed in the title and description sections of a Reserve Listing.
Sample Reserve Listing - Please see this example of a Reserve Listing to help you navigate the Reserve Process.
The Reserve Process - Step by Step
Step 1 - Creating a Reserve Agreement
Seller and Buyer must communicate and agree to the terms of the Reserve Agreement through the Fashion Constellate message system. The terms and options available are at the sole discretion of the seller. Options for Reserve Agreement terms may include, but are not limited to:
50% of the retail price to store the Product for 30 days. If the Reserve Customer chooses to purchase the Product, they must pay the additional 50% + shipping cost by the final day of the Reserve Agreement.
40% of the retail price to store the Product for the first 30 days. 30% of the retail price to store the Product for the second 30 days. If the Reserve Customer chooses to purchase the Product, they must pay the additional 30% + shipping by the final day of the Reserve Agreement.
The Reserve Agreement Includes:
A written agreement via the Fashion Constellate message system determining the Reserve Product and defining clear Reserve Agreement time frames, Reserve Payment amounts, Reserve Payment due dates and estimated shipping cost.
The Reserve Customer must provide the valid and verified shipping address associated with the credit card they will use for payment at this time for shipping cost estimates.
Both the Reserve Customer and Seller must confirm they agree to the terms of the Reserve Agreement in the Fashion Constellate message system.
Step 2 - Creating a Reserve Listing
Seller must create a Reserve Listing for each Reserve Payment.
We recommend creating one Reserve Listing for the first Reserve Payment and creating the remaining Reserve Listings after the Reserve Customer has made their first Reserve Payment. By creating a Reserve Listing the seller is confirming they agree to the terms defined within the Reserve Listing.
Reserve Listing Requirements:
Please See Sample Reserve Listing for visual details.
Reserve Listing Images: Sellers must use this Reserve Avatar Image as the initial photo for all Reserve Listings.
This will help differentiate Reserve Listings from products available for sale
The remaining images in the listing must be of the actual Reserve Product
Reserve Listing Title & Description:
The Reserve Listing must have the proper Title and Description text. A template can be found here: Reserve Listing Text
Reserve Listing title must include:
[Buyer Initials or username] [number of days] Non-Refundable Reserve Payment Due [Date], for [product name], payment [x/x]
At the top of the listing description Sellers must indicate that this listing is not for general sale, but is waiting for a Reserve Agreement Payment and make note of the cancellation fee if a Buyer purchases the Reserve Listing without a Reserve Agreement.
All Reserve Agreement details must be included at the top of the listing description, above the actual product description.
Clearly define which payment is being made and the due date with a time zone.
Never include the Reserve Customer’s full name, address or any other personal and/or private information where it could be viewed by the public.
All other aspects of the listing not mentioned above must be filled out with accurate Reserve Product information.
Price must reflect the Reserve Agreement Payment amount.
Final Reserve Listing must include the price of shipping.
Step 3 - An Active Reserve Agreement
A Reserve Agreement is not an Active Reserve Agreement until the first Reserve Payment has been completed through the Reserve Listing.
When the Reserve Customer completes the first Reserve Payment through the Reserve Listing, the Reserve Agreement is active and the Seller is required to immediately remove or deactivate any other listing offering the product for sale.
Once an Active Reserve Agreement is in place, the terms may not be changed or transferred for any reason.
The original Reserve Product listing will remain active and available to all Buyers until the Reserve Customer makes the non-refundable Reserve Payment through the Reserve Listing, thus entering into an Active Reserve Agreement.
If the Reserve Product sells before the Reserve Agreement becomes Active, the transaction is complete with a new Buyer and the product is no longer available for a Reserve Agreement. If this occurs, any and all Reserve Listings for the product must be removed from Fashion Constellate by the seller as quickly as possible.
By completing a Reserve Payment the Reserve Customer is confirming that they have read and agree to the terms of the Reserve Agreement and are aware they will be entering into an Active Reserve Agreement that can not be altered or transferred.
Step 4 - Additional Reserve Listings & Reserve Payments
The seller will make a Reserve Listing for each Reserve Payment. The final Reserve Payment should include the cost of shipping the Reserve Product to the Reserve Customer.
All additional Reserve Listings should be created and published within 3 business days of the start of the Active Reserve Agreement so that the Reserve Customer can clearly see the due dates.
It is the sole responsibility of the Reserve Customer to keep track of their Reserve Payment due dates and make their Reserve Payments on or before the due date specified.
Failing to pay a Reserve Payment by the due date will result in a Void Reserve Agreement and the Reserve Product will be relisted for sale.
Any and all Reserve Payments are non-refundable and non-transferable. Reserve Payments will not be returned to the Reserve Customer if they violate the terms of the Active Reserve Agreement.
Step 5 - Completing the Reserve Process
When all Reserve Payments are complete, the Seller will ship the product to the Buyer thus completing the Reserve Process. Shipments should be made within 3 business days, unless otherwise noted within the Reserve Listing.
Shipment must be made to the address associated with the credit card used to pay the Reserve Payments.
Failing to pay a Reserve Payment by the due date will result in a Void Reserve Agreement and the Reserve Product will be relisted for sale.
Products purchased through the Reserve Process are not returnable.
Additional Reserve Process Rules
Sellers are not permitted to place products on reserve, or hold them in any way, without entering into an Active Reserve Agreement, to do so is prohibited and will result in immediate action being taken, which may include: penalties, fines or removal from Fashion Constellate.
Asking a seller to hold or reserve a Product in a way that avoids the Reserve Process or a Reserve Agreement is prohibited.
Offering a Reserve Agreement is at the sole discretion of the seller. If the Seller chooses to offer a Reserve Agreement, they must follow the Reserve Process outlined above.
Having an Active Reserve Agreement in place means the Seller will not sell the Reserve Product to anyone but the Reserve Customer for a predetermined amount of time. During an Active Reserve Agreement, only the Reserve Customer retains the option to apply the storage cost to the cost of the Reserve Item and purchase the product.
Failing to pay a Reserve Payment by the due date will result in a Void Reserve Agreement and the Reserve Product will be relisted for sale.
Any and all completed Reserve Payments are non-refundable and will not be returned to the Reserve Customer if they violate the terms of the Active Reserve Agreement.
Completed Reserve Payments are not transferable in any way. If the Reserve Customer does not purchase the Reserve Item while it is in storage, Reserve Payments can not be used toward the purchase of any other Product or Services including, but not limited to: the former Reserve Item, any other Product in the Seller’s shop or any other Product on Fashion Constellate
Buyers that have not entered into a Reserve Agreement, but purchase a Reserve Product from a Reserve Listing that is clearly on hold for a Reserve Customer will be charged a 10% cancellation fee.
Violating the terms of a Reserve Agreement, misuse of the Reserve System, and/or fraudulent behavior of any kind is prohibited and will result in immediate action being taken, which may include: shop restrictions, fines or removal from Fashion Constellate.
Fashion Constellate: Research Archive Requirements
Using Fashion Constellate Research Archive
The Fashion Constellate Service and Content (Service collectively with Content, “Access”) are the property of Fashion Constellate. We grant you limited, non-exclusive, revocable permission to make use of the Fashion Constellate Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content. Access shall remain in effect until and unless terminated by you or Fashion Constellate. You agree that you are using the Access for your own personal, non-commercial use and that you will not redistribute or transfer the Access.
Fashion Constellate is a subscription based Archive of information.
Fashion Constellate will provide information to the best of our knowledge, but this Archive contains speculation only. Any information about dating, cleaning and/or caring for vintage is subjective. There is no guaranteed way to handle, date or care for vintage Products and what works for one item may not work for another.
Fashion Constellate cannot be held responsible for any damage that occurs from following these guidelines or any misinformation that may be found within the Archive.
Fashion Constellate Service Options
You can find a description of our Service Options on the Fashion Constellate Research Archive.
There are three options for a Subscriber to access to Fashion Constellate:
Standard, unpaid Subscriber access is free of charge and will be referred to as the “Free Service.”
Paid Subscriber access starts with a Researcher subscription which is billed monthly and will be referred to as a “Paid Subscription.”
The annual payment option for Paid Subscriptions which will be referred to as an “Annual Subscription” (Paid Subscription collectively with Annual Subscription, “Subscription”)
Fashion Constellate Billing
Subscription accounts are not transferable or refundable.
Your Subscription payment to Fashion Constellate will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription before the end of the then-current subscription period. To cancel your Subscriber account, click here.
Failing to complete a Subscription Payment will result in your account getting downgraded to Free Service.
If you cancel your Subscription, your access will be downgraded to Free Service at the start of the next subscription period following the date of the cancellation request.
Fashion Constellate may change the price for Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Subscription prior to the price change going into effect.
Sharing Subscription access and/or giving your username and password to an unauthorized user.
Copying, redistributing or reproducing the Content.
Transferring copies of cached Content
LICENSE. To the extent which you submit content to Fashion Constellate by email, submissions on or through use of the Services, or otherwise, you grant FashCon and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised, for any purpose and, at FashCon’s sole discretion, use the name that you submit in connection with such content. You warrant that any content submitted by you is yours to submit whether owned or licensed by you. You further acknowledge and agree that the submitted content is non-confidential and non-proprietary. You grant FashCon the right to pursue at law any person or entity that violates your or FashCon’s rights in the content by a breach of these Terms.
LIMITATIONS ON USE. You will not reproduce, resell, or distribute the website for any purpose. You will not offer or use the website on a timeshare basis, access, monitor, or copy all or any portion of this website using automated means, or use the website for the development, production, or marketing of a service or product substantially similar to the website. You shall not engage in any activity or use the website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the website. You shall not attempt to edit, modify, translate, decompile, disassemble, or reverse engineer any software or other coding within the Services for any reason.
REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the website any materials which restrict or inhibit any other user from using and enjoying the website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.
SYSTEM REQUIREMENTS. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply) and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to use such Services may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
REGISTRATION FOR SERVICES. You will be required to provide information about you in order to register for, obtain access to, and use certain Services offered by FashCon. You agree that any such information shall be accurate. You will also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party. In the event that you subscribe to FashCon’s services involving subscription fees, you acknowledge and agree that you will be charged a monthly subscription fee in accordance with your subscription agreement. Your subscription will automatically terminate should you fail to pay as required. Your subscription may be terminated for failure to comply with the terms and conditions stated herein and/or in your subscription agreement. FashCon may terminate your subscription agreement for any reason following thirty (30) days’ notice. You may use the FashCon Contact Us page regarding renewal and/or termination of your subscription.
CHANGES TO THE SERVICES. FashCon reserves the right to modify, cease updating, cease operating, or cease offering the Services or any part thereof, either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, we may post on our website notice of such changes. It is your responsibility to review our website for any such notices. You agree that FashCon shall not be liable to you or any third party for any modification or cessation of the Services.
OUR TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the website and/or the Services are the property of FashCon. FashCon retains all rights with respect to any of their respective intellectual property appearing in the website. All contents of the website are: Copyright 2021 FashCon, Inc., all rights reserved.
ALLEGED INFRINGEMENT. FashCon respects the intellectual property of others. In the event you feel as though any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act with our Designated Copyright Agent:
When submitting a notice to us, please provide us with the following information offered under penalty of perjury:
- A physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed;
- A description of the location of the infringement within our Services;
- Your address, telephone number, and email address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
THIRD PARTY WEBSITES. The website may provide links to third-party sites that are not under the control of FashCon, and FashCon is not responsible for any content on any linked site. If you access a third-party site through the website, then you do so at your own risk. Such links are provided only as a convenience, and the inclusion of the link does not imply that FashCon endorses or accepts any responsibility for the content on those third-party sites.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FASHCON 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, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF FASHCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND (IV) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, FASHCON’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FASHCON AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, AND MEMBERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.
FORCE MAJEURE. In addition to any excuse provided by applicable law, FashCon shall be excused from liability related to the website arising from any event beyond FashCon’s reasonable control, whether or not foreseeable by either party, including but not limited to: war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
EXPORT RESTRICTIONS. You acknowledge that the website, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the website or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
USER LICENSE AGREEMENT
Fashion Constellate, offers to you, the individual fashion buyer and/or seller and/or subscriber as identified in the execution section below, a license for use of Fashion Constellate, its fashion resale marketplace (“Marketplace”) and its archive (“Archive,” collectively with Marketplace, “Services”) through its websites (collectively, “Website”). The Services made available to you are merely licensed, and not sold, to you for use only under the terms of this End User License Agreement (“Agreement”). Fashion Constellate reserves all rights not expressly granted to you herein.
1. Ownership. Fashion Constellate is the owner of the Services and all associated intellectual property rights. This includes but is not limited to any and all instructions or statements in machine-readable format, including source code; related databases in machine-readable format; related materials, including documentation, whether in machine-readable or printed form; and any derivatives and copies of the foregoing.
2. License: Upon acceptance of the terms of this Agreement and payment of appropriate fees, Fashion Constellate hereby grants to you, the fashion buyer and/or seller and/or subscriber as identified in the execution section below, a nontransferable, non-exclusive license to use the Services and all related documentation during the term of this Agreement as follows:
a. Your use of the Services is limited to use on behalf of the individual account holder as identified in the execution section below per license fee paid.
b. Use of any documentation or printed materials regarding the Services shall be limited to supporting the use of the Services.
3. Marketplace and Archive Operations: The terms of how the Services operate may be found here: Fashion Constellate Community Requirements
a. Merchandise Permitted, Prohibited, or Restricted
b. Fashion Constellate Fees
c. Listing Policies
d. Selling Policies
e. Buying Policies
f. Payment Policies
g. Shipping Policies
h. Return Policies
i. Feedback Policies and
j. User Dispute Resolution Policies.
4. Restrictions on Use:
a. You will not copy or duplicate, or permit anyone else to copy or duplicate, any of the Services, whether such Services is in written, graphic, magnetic, executable, or any other form.
b. You will not provide or make the Services available to any person or entity other than your employees or agents who have a need to know consistent with your use thereof under this Agreement.
c. You will not create or attempt to create, or permit others to create or attempt to create, any software based on or similar the Services by disassembling, reverse engineering, or otherwise, the source programs, the logic design, or any part thereof from the object program or from other information (whether oral, written, tangible or intangible) made available to you under this Agreement.
d. You agree to notify Fashion Constellate in a timely manner if you obtain information as to any unauthorized possession, use, or disclosure of the Services by any person or entity, and further agree to cooperate with Fashion Constellate at Fashion Constellate’s expense in protecting Fashion Constellate’s proprietary rights.
e. You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the Services any materials which restrict or inhibit any other user from using and enjoying the website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.
5. Maintenance and Updates: Fashion Constellate may provide normal and reasonable maintenance and updates of the Services at its sole discretion. If Fashion Constellate has reason to believe that such updates may interfere with your use of the Services, Fashion Constellate will make best efforts to notify you in advance.
a. Fashion Constellate may terminate this Agreement for any reason at any time without advance notice.
b. Either party may terminate this Agreement for failure of the other to comply with the terms and conditions of this Agreement.
c. This Agreement shall automatically terminate should you, your successors, or your permitted assigns fail to pay the appropriate fee in the time required, suspend business, make an absolute assignment of the bulk of your assets for the benefit of creditors, consent to the appointment of a trustee, custodian, or receiver, or be declared insolvent or bankrupt; or if a trustee, custodian, or receiver is appointed for you for a substantial part of your property without your consent and is not discharged within 60 days of such appointment; or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings are instituted by or against you and are not dismissed within 60 days of the commencement thereof.
d. Effect of Termination. Termination of this Agreement with respect to any portion of Services will terminate all of your rights to such Services granted hereunder. Termination shall not relieve you of your obligations relating to the restrictions on use contained in this Agreement. You will not receive a refund of any fees already paid to Fashion Constellate but shall not thereafter incur additional fees.
e. Obligations Upon Termination: Your obligations under the section entitled Restrictions on Use shall continue following termination of the Agreement. Fashion Constellate has no obligation to maintain your data associated with the Services but may do so for so long as it deems reasonable in its sole discretion.
8. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY THE SERVICES (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FASHION CONSTELLATE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FASHION CONSTELLATE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES OR ASSOCIATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FASHION CONSTELLATE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES OR REQUIREMENTS SERVICES PROVE DEFECTIVE, YOU ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FASHION CONSTELLATE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FASHION CONSTELLATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Fashion Constellate’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount paid by you to obtain the license granted herein. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Notice of Rights: CERTAIN COUNTRIES, STATES, AND/OR PROVINCES PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES, OR GUARANTEES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS ABOVE ENTITLED “NO WARRANTY” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, FASHION CONSTELLATE’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE.
THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) LIMIT OR EXCLUDE ANY RIGHT YOU HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO YOU IF THAT PERSON HAS BREACHED ANY SALES CONTRACT WITH YOU. YOU AGREE TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH YOU LIVE OR IN WHICH YOU DOWNLOAD OR USE THE SERVICES.
NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE, RIGHT, OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAWS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED. If any condition, warranty, or guarantee is implied into this Agreement or imposed on Fashion Constellate under applicable laws and cannot be excluded, but Fashion Constellate has a choice of a remedy, then Fashion Constellate’s liability for breach of the condition, warranty, or guarantee is limited to one or more of the following, at Fashion Constellate’s option: (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, or refunding the payment for the goods if it would be unreasonable to expect the products to be repaired; or (b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
11. Export: You shall comply with all applicable laws and regulations in connection with your use of the Services. This includes that you acknowledge and agree that the Services incorporates products and/or technical data that may be subject to legal and regulatory controls, including restrictions on export and re-export. You warrant and represent that you have not obtained the Services due to an export, re-export, or import in violation of United States or other applicable laws or regulations in the United States and other countries, that you are not identified on any denied persons or other list published by the country in which you are located, that you have not caused the Services to be located or made available Group E country as defined by the United States, and that you have not used and will not use the Services in connection with the development, manufacture, or use of nuclear fuel or weapons, missiles, or chemical or biological weapons. You will not export, re-export, or import, directly or indirectly, the Services prior to securing any and all necessary approvals from your governmental authority as may be required.
a. Waiver. No waiver of any breach of this Agreement will form a waiver of any subsequent breach of the same or any other provision.
b. Severability. If any provision of this Agreement is declared or found illegal, unenforceable, or void, then all parties will be relieved of all obligations arising under such provision to the extent that such provision is illegal, unenforceable, or void, it being the intent and agreement of the parties that this Agreement will be deemed amended by modifying the provision to the minimum extent necessary to make it legal and enforceable while preserving its intent or, if that is not possible, by substituting therefor another provision that is legal and enforceable and achieves the same objective. If the remainder of this Agreement will not be affected by the declaration or finding and can be substantially performed, then each provision not so affected will be enforced to the extent permitted by law.
c. Entire Agreement. This Agreement makes up the entire agreement of the parties, superseding in all respects all prior proposals, negotiations, understandings and other agreements, oral or written, between the parties.
d. Amendment. This Agreement may be amended by Fashion Constellate at any time for any reason. Notice of the same will be provided through posting the revised Agreement to the Website.
e. Notices. Any notice given pursuant to this Agreement may be given by (1) personal delivery; (2) deposit in the mail, prepaid, return receipt requested; (3) deposit with a recognized courier company, prepaid, return receipt requested; or (4) facsimile or electronic transmission, in each case to the last address or number, as the case may be, of which the sending party has received actual or constructive notice. Any such notice will be deemed to be received (1) when delivered, if given pursuant to clause (1) of the previous sentence; (2) on the earlier of (a) the fourth day after deposit, or (b) the time delivery is verified, if given pursuant to clauses (2) or (3) of the previous sentence; or (3) when received, if given pursuant to clause (4) of the previous sentence.
f. Interpretation. Headings used in this Agreement are for convenience only and will not be deemed to be operative text. Terms of gender will be deemed interchangeable, as will singular and plural terms, in each case unless the context otherwise requires.
g. Applicable Law. This Agreement will be governed by the internal law of the State of North Carolina without regard to conflict of law.
h. Arbitration. Any dispute arising out of or relating to this Agreement, or a breach thereof, shall be solely and exclusively determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. Any such arbitration shall take place exclusively in Buncombe County, North Carolina, and the language of the arbitration shall be English. The arbitration shall be conducted by a single arbitrator and the decision of the arbitrator shall be final, conclusive and binding on the parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Fashion Constellate and you shall each pay one-half of the costs and expenses of any arbitration, and the substantially non-prevailing party, as determined by outcome of the arbitration, shall be liable for both parties’ attorneys’ fees and costs. You acknowledge that, without this provision, you would have had a right to litigate a dispute through a court before a jury or judge and that you have expressly and knowingly waived those rights, instead agreeing to resolve disputes exclusively through binding arbitration.
i. Indemnification. To the extent which you breach this agreement in such a way as to cause harm to a third-party (e.g., copyright infringement), you shall indemnify, hold harmless, and defend Fashion Constellate from any costs, expenses (including reasonable attorney fees), losses, damages, or liability incurred due to such harm.
j. Further Assurances. The parties will perform all such further acts, provide such further documents or written assurances, and execute such further documents as they reasonably require or deem necessary to carry out the acts and transactions contemplated by this Agreement.
AUTOMATIC RENEWAL NOTICE: Where applicable you are entering into a subscription agreement with Fashion Constellate that shall automatically renew each period. You acknowledge and agree that the payment information you provide herein may be charged each month for your Fashion Constellate Services subscription in the amount identified below. In the event you wish to cancel your subscription, you may do so at any time by logging into your account and updating your membership settings or by contacting Fashion Constellate Support Page with your account details and cancellation request.