Terms & Conditions - Bos Attic Consignment & Thrift Shop

Bos Attic Consignment
Hours: Mon - Sat 9 AM til 6 PM   Sunday 12 - 5 PM
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Terms & Conditions

TERMS AND CONDITIONS
Online Shopping
Shipping & Return Policy
Free shipping on all orders over $30.00
$8.00 flat rate for orders under $30.00
All Items shipped from Middletown NJ.
Shipping & Return Policy
Items outside our shipping include a surcharge to cover extra shipping costs.
You have 7 days from arrival to postmark an item for return.
Handbags and final sale items are non-returnable.
Items are subject to a $1.00 restocking fee if returned.
This excludes items that arrive damaged, defective, or not as described.
Order Return Policy
If you decide that an item isn't the right fit for you, we invite you to visit our returns page to process a return request.  
We guarantee the quality and authenticity of our handbags, and these items are considered final sale and are non-returnable.  If we’ve listed an item incorrectly or there’s a problem with your order/item, we will make it right. Contact our returnrequest@mybosattic.com an email explaining the situation and we'll get back to you as soon as possible!
Important to know:
To qualify for a refund, all items must be in the same condition in which you received them
(New with Tags items must be returned with original tags attached)
All items are subject to a $1.00 restocking fee.
If an item is received damaged or not as described, please reach out to the Bos Attic Consignment & Thrift Shop support team. Original shipping charge is not refunded when returning items.
Orders shipped within the 48 contiguous United States:
Items purchased with Bos Attic Consignment & Thrift Shop Online store credits will always be refunded back as store credits.
Note: Original payment returns (credit cards, PayPal, etc.) can take up to an additional 3-5 business days to be refunded.
Promotions and discounts will not be reimbursed.
Orders shipped internationally or outside the contiguous 48 United States:
Refunds will be issued back to your original form of payment.
Win Bid Auction does not offer return shipping labels for orders shipped outside the contiguous 48 United States at this time.
Please secure a return shipping label and mail your returns to:
Bos Attic Consignment & Thrift Shop
Online Shopping
Attn:  Return Item(s)
455 Rte 36
Port Monmouth NJ 07758

Bos Attic Consignment & Thrift Shop
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.
Bos Attic Consignment & Thrift Shop is an general   resale marketplace, offering a convenient option for shopping quality secondhand clothing, shoes and accessories and more. The following Terms of Use constitute a legally binding agreement (the “Terms”) between you and Bos Attic Consignment & Thrift Shop and its affiliates (“Bos Attic Consignment & Thrift Shop,” “we,” “us” or”our”) governing your use of our website(s), mobile applications, stores and other services or content available through the foregoing (collectively, the “Services”). You also agree to and accept our Privacy Policy, which describes how we use the information you provide Bos Attic Consignment & Thrift Shop and is incorporated into these Terms by reference.
Please read these terms of use carefully. By creating an account, purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) . If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any products.
These Terms govern how claims you and Bos Attic Consignment & Thrift Shop have against each other can be brought and will require you to submit claims you have against Bos Attic Consignment & Thrift Shop to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.
Changes
We may revise these Terms, our Privacy Policy and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to these Terms and Privacy Policy as revised. We will always post the most current version here: Terms of Use. At our discretion, we may also notify you of certain changes by sending you an email to the email address, postal address, home and cell phone numbers to associate with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check Terms of Use to view the then-current Terms.
Privacy and Data Retention
Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.
Bos Attic Consignment & Thrift Shop will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, Bos Attic Consignment & Thrift Shop will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Bos Attic Consignment & Thrift Shop reserves the right at all times to disclose any information as Bos Attic Consignment & Thrift Shop deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
License Grant
Bos Attic Consignment & Thrift Shops operates one or more websites and related mobile applications where the Services can be accessed (collectively, the “Website”). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above “Information”), and which is either owned or licensed by the Company. Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in these Terms of Use. You are hereby granted a non-transferable, non-sub-licensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website.
Account Registration
In order to use the Services, you must register an account with Bos Attic Consignment & Thrift Shop directly or through an authorized third party service (each, a “TPS”) such as Amazon or Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account. You can revoke our access to any TPS at any time by disconnecting your TPS account via your Bos Attic Consignment & Thrift Shop account.
Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and Bos Attic Consignment & Thrift Shop shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.
If you choose to register an account with the Services (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.
You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bos Attic Consignment & Thrift Shop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.
Account Credits and Conversion to Gift Cards
Account Credits
Unless otherwise stated, all credit offered to you in consideration for accepted items will be non-transferable and available for shopping on the Website or for cash out via PayPal or Bos Attic Consignment & Thrift Shop Visa Prepaid Card after 14 days from issuance for a period of one (1) year. At Bos Attic Consignment & Thrift Shop’s discretion, any such credit remaining in your account for more than one (1) year will automatically be converted into a Bos Attic Consignment & Thrift Shop gift card (a “Bos Attic Consignment & Thrift Shop Gift Card”). A Bos Attic Consignment & Thrift Shop Gift Card will be issued electronically to the last customer email address on file.
Please note that all credit offered to you in consideration for accepted items prior to August 31, 2018 will be automatically converted into a Bos Attic Consignment & Thrift Shop Gift Card on the earlier of the two (2) year anniversary of issuance of such credit or December 31, 2019, in any case only after providing you with notice to your email address on file.
Gift Cards
Bos Attic Consignment & Thrift Shop Gift Cards can be redeemed solely through our Services. Bos Attic Consignment & Thrift Shop Gift Cards will not expire and cannot be redeemed for cash except where required by law. Bos Attic Consignment & Thrift Shop Gift Cards require no maintenance, activation, or other fees. Risk of loss and title for Bos Attic Consignment & Thrift Shop Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Bos Attic Consignment & Thrift Shop is not responsible for lost or stolen Bos Attic Consignment & Thrift Shop Gift Cards, or for use without your or the recipient’s permission. Bos Attic Consignment & Thrift Shop reserves the right to close accounts or request alternative forms of payment if a Bos Attic Consignment & Thrift Shop Gift Card is fraudulently obtained or used.
Please visit our Support Center for any questions.
Purchases and Pricing
In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging a portion of the owed amount, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Bos Attic Consignment & Thrift Shop will store and update (e.g. upon expiration) your payment method on file. If you choose to use a third party payment service offered by Bos Attic Consignment & Thrift Shop, such as PayPal or Elavon, you are subject to their terms of use and privacy policies.
Our inventory availability and listing prices are subject to change at any time without notice. Pricing for items from non-local distribution centers may include a surcharge to cover additional localization and logistics costs. In order to maximize the selection of items available for sale, Bos Attic Consignment & Thrift Shop reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Bos Attic Consignment & Thrift Shop reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.
Promotional offers do cannot be combined. We reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Please note that only one account per delivery address may be eligible for promotional codes and discounts, including, but not limited to new customer and first-time purchase promotions. Except as otherwise stated, all prices are quoted in U.S. Dollars and all promotions may be limited to U.S. customers.
Except as otherwise stated, the risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as FedEx, UPS, or USPS).
For additional information on transactions and pricing, please visit our Support Center.
Return and Refund Policy
Except as otherwise stated, you have 10 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price in the refund method you choose, either in the form of Bos Attic Consignment & Thrift Shop online shopping credit or in your original form of payment. If you choose to receive a refund in your original form of payment, a return shipping fee will be deducted from your refund amount. If you choose to receive Bos Attic Consignment & Thrift Shop shopping credit, Bos Attic Consignment & Thrift Shop will provide you with a prepaid return label. However, customers initiating more than one return per month will be responsible for the cost of return shipping. Items purchased with Bos Attic Consignment & Thrift Shop shopping credit will always be refunded back as shopping credit. Original shipping charges will not be credited or refunded when returning items.
Please note that we will only offer credit or a refund for items if they are returned to Bos Attic Consignment & Thrift Shop on a timely basis and are in the same condition in which you received them. If you do not meet these requirements, your returned item will be forfeited.
For information on how to create an order return, please click here.
Handbags and final sale items are non-returnable. However, we do guarantee the quality and authenticity of handbags. If you have questions regarding a handbag or final sale item that was purchased, please visit our Support Center.
We want you to be 100% satisfied with our Services. If you are less than satisfied, please contact our Support Bos Attic Consignment & Thrift Shop by email at support@mybosattic.com so that we can help you resolve the issue.
Restocking Fees
In order to keep our prices low, certain items may be subject to restocking fees in addition to any applicable return shipping fees. If an item is subject to a restocking fee, we will clearly display the restocking fee in the Description Details section as well as in the returns process.
Item Descriptions
While we attempt to be as accurate as possible, Bos Attic Consignment & Thrift Shop does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor’s display of any color or style will be accurate. If a product offered by Bos Attic Consignment & Thrift Shop is not as described, your sole remedy is to return it in unused condition.
For additional information on our Items or products, please visit our Support Center.
Comparison Pricing
Estimated Retail Pricing for Secondhand Items
The line through price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, material offered elsewhere in new condition.  While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Our reference prices are set by a seasoned team who monitor market prices for the brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.
Comparable Value Pricing for Remade Items
Remade is a product line created just for Bos Attic Consignment & Thrift Shop. Where a Remade item has a line through Comparable Value (“Comp Value”) price listed next to or below its listing price, the listed Comp Value price represents our good-faith estimate of prices for similar items sold under other brand names at department, specialty or other retail stores or websites. As prices often fluctuate, we cannot guarantee that the Comp Value price reflects that prevailing market price at any given time in any given geographic region. We, therefore, encourage you to do your own comparison shopping as another way to see what great value we offer.
Authenticity
Bos Attic Consignment & Thrift Shop prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. Bos Attic Consignment & Thrift Shop’s authentication process is in-house and independent and if Bos Attic Consignment & Thrift Shop cannot verify the authenticity of an item or it does not meet the authenticity standard, it will not be listed regardless of its condition and Bos Attic Consignment & Thrift Shop reserves the right to destroy apparel it deems to be counterfeit in accordance with applicable laws.
Brands sold on the Website are not partnered or affiliated with Bos Attic Consignment & Thrift Shop in any manner. However, Bos Attic Consignment & Thrift Shop fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.
Please see our Acceptance and Quality Standards for more information.
International Customs, Duties and Taxes
You are responsible for assuring that our products can be lawfully imported to your destination country. International orders (shipped to countries outside of the United States) may be subject to import taxes, customs duties, and fees levied by the destination country. These fees are levied once a shipment reaches your country and are the responsibility of the customer. We have no control over these charges and can’t predict what they may be. Customs fees and policies are different from country to country and can change regularly. You should contact your local customs office for further information. When customs clearance procedures are required by your country, it can cause delays beyond our delivery estimates.
Shipping times for international orders can vary, but we would recommend that you allow at least 2-3 weeks for orders from the time it leaves the US for you to receive it. There may be some cases when packages are delivered outside of the listed estimated timeframe. Please note international orders that are canceled after the order is shipped will not be refunded.
For additional information, please visit our Support Center.
Trademark Notice
Please note that Bos Attic Consignment & Thrift Shop is an independent reseller of like-new clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third party brand names and logos used in any commercial context by Bos Attic Consignment & Thrift Shop are trademarks and/or registered trademarks of their respective holders.
Access to the Services
App Stores. With respect to any mobile application (each, an “App”) accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them.
Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Use, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
Intellectual Property Rights
You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, “Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Bos Attic Consignment & Thrift Shop you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Bos Attic Consignment & Thrift Shop, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including the Software). Any rights not expressly granted herein are reserved by Bos Attic Consignment & Thrift Shop.
Bos Attic Consignment & Thrift Shop® is a registered trademark in the U.S. Patent and Trademark Office. These and any other Bos Attic Consignment & Thrift Shop product or service names or slogans displayed through the Services are trademarks of Bos Attic Consignment & Thrift Shop. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Bos Attic Consignment & Thrift Shop is the service mark, trademark and/or trade dress of Bos Attic Consignment & Thrift Shop and you may not copy, imitate or use it, in whole or in part, without our prior written consent. Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bos Attic Consignment & Thrift Shop and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners.
Bos Attic Consignment & Thrift Shop respects the intellectual property of others. If you believe, in good faith, that 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:
Bos Attic Consignment & Thrift Shop LLc.
Attention: Legal
455 Rte 36
Port Monmouth
New Jersey, 07758
Email:support@mybosattic.com
When submitting a DMCA Notice of Alleged Infringement, please provide us with this information:
·       A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
·       A description of the copyrighted work that you claim has been infringed upon;
·       A description of where the material that you claim is infringing is located on the site;
·       Your address, telephone number, and email address;
·       A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
·       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Sweepstakes
Bos Attic Consignment & Thrift Shop periodically publishes sweepstakes offers through email, social media or other channels. Each offer will contain the specific details for the sweepstakes offer and a link to our Sweepstakes Official Rules.
Feedback and User Content
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. Bos Attic Consignment & Thrift Shop reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of Bos Attic Consignment & Thrift Shop if Bos Attic Consignment & Thrift Shop should choose to use the User Content. Bos Attic Consignment & Thrift Shop shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Bos Attic Consignment & Thrift Shop does include your User Content, or any part thereof, you are deemed to have granted Bos Attic Consignment & Thrift Shop a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.
The Website includes our #bosattic page  and Thrift Shop, located at https://www.mybosattic.com/, which pulls User Content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #bosattic, #bosatticthriftshop, (collectively, the “bosattic Hashtags”), or tagging the @mybosattic account. You acknowledge and agree that the User Content may be used by Bos Attic Consignment & Thrift Shop, for marketing purposes, including without limitation, email, social media, direct mail etc., or on any sites Bos Attic Consignment & Thrift Shop owns and operates, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services.
You represent and warrant that the publication and use of your User Content, including to the extent such User Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights, or is otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You will indemnify Bos Attic Consignment & Thrift Shop, its shareholders, officers and/or employees and consultants for all claims and/or action made or brought by a third party resulting from Company’s use of your User Content.
You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bos Attic Consignment & Thrift Shop for all claims resulting from User Content you supply. Bos Attic Consignment & Thrift Shop has the right but not the obligation to monitor and edit or remove any activity or User Content. Bos Attic Consignment & Thrift Shop takes no responsibility and assumes no liability for any User Content posted by you or any third party. Bos Attic Consignment & Thrift Shop, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.
Bos Attic Consignment & Thrift Shop reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Bos Attic Consignment & Thrift Shop, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the Bos Attic Consignment & Thrift Shop, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by Bos Attic Consignment & Thrift Shop. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
Electronic Communications
By creating an account, you agree that you may receive communications from Bos Attic Consignment & Thrift Shop, including, but not limited to, newsletters, promotions, special offers, account reminders and updates.
When you use our Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting our customer service department at support@mybosattic.com
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Right to Access
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. For example, Bos Attic Consignment & Thrift Shop does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the legal age of majority in your jurisdiction (usually 18), you may use the Services only with involvement of a parent or guardian. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SERVICES AND WEBSITE.
Restricted Activities
With respect to your use of the Services and Website, you agree that you will not:
a.      impersonate any person or entity;
b.     stalk, threaten, or otherwise harass any person, or carry any weapons;
c.      violate any law, statute, rule, permit, ordinance or regulation;
d.     interfere with or disrupt the Services;
e.      post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f.      use the Services in any way that infringes any third party’s rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
g.      post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
h.     “frame” or “mirror” any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
i.       modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
j.       rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
k.     use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
l.       link directly or indirectly to any other websites;
m.    discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
n.     cause any third party to engage in the restricted activities above;
o.     use the Website and Services for any unlawful purposes;
p.     sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
q.     collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section “Communications and Other Content”];
r.      adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
s.      download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
t.       use any meta tags or any other “hidden text” utilizing Bos Attic Consignment & Thrift Shop name or trademarks or any third party’s name or trademarks without the express written consent of Bos Attic Consignment & Thrift Shop or the applicable third party.
u.     publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
v.     collude against another person in restraint of trade and competition;
w.    create a hyperlink to the Website, or any page of the Website, without Bos Attic Consignment & Thrift Shop’s express written consent; or
x.     imply affiliation with or endorsement or sponsorship by Bos Attic Consignment & Thrift Shop, or cause confusion, mistake, or deception in connection therewith.
y.     
Prop 65 Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits, Further information regarding California Proposition 65 may be obtained online by visiting www.p65warnings.ca.gov.
Pursuant to California Civil Code Section 1789.3, Bos Attic Consignment & Thrift Shop provides users of the Website with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Supply Chain Transparency
The California Supply Chains Act of 2010 (SB-657) requires certain retailers and other businesses doing business in California to disclose to the public their efforts, if any, to ensure that the goods they sell are not made by workers who are enslaved, or otherwise forced into service, or who have been the victims of human trafficking. Bos Attic Consignment & Thrift Shop does not condone or intentionally support human trafficking, slavery or any other form of forced labor.
Bos Attic Consignment & Thrift Shop requires its professional suppliers to adhere to labor and workplace standards that include employment of workers above the minimum working age who freely choose to work and who are regularly, legally compensated. We also require our professional suppliers to warrant that any products sent to Bos Attic Consignment & Thrift Shop were made in compliance with all applicable laws, including laws prohibiting child labor, forced labor and unsafe working conditions. However, Bos Attic Consignment & Thrift Shop does not currently require its suppliers to provide any additional certification regarding compliance with slavery and human trafficking laws nor do we regularly engage in audits of our professional suppliers’ factories to verify their compliance with our standards (although we we continue to evaluate the feasibility of conducting audits).
Bos Attic Consignment & Thrift Shop maintains internal accountability standards for employees and contractors, and we will not tolerate slavery or human trafficking by either. Bos Attic Consignment & Thrift Shop does not currently provide any specific training for its personnel responsible for supply chain management with respect to human trafficking and slavery and methods for mitigating risks. However, Bos Attic Consignment & Thrift Shop reviews all of its policies and procedures, including training practices, on a regular basis and will continue to consider the appropriateness of expanding its training offerings.
Release and Indemnity
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Bos Attic Consignment & Thrift Shop and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Bos Attic Consignment & Thrift Shop, the “Bos Attic Consignment & Thrift Shop Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your misuse of the Services; (b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the Bos Attic Consignment & Thrift Shop Parties of any third party claims, cooperate with the Bos Attic Consignment & Thrift Shop Parties in defending such claims and pay all fees, costs [including non statutory costs] and expenses associated with defending such claims (including but not limited to attorney’s’ fees). You further agree that the Bos Attic Consignment & Thrift Shop Parties shall have control of the defense or settlement of any third party claims.
Limitation of Liability and Disclaimer
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY BOS ATTIC CONSIGNMENT & THRIFT SHOP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BOS ATTIC CONSIGNMENT & THRIFT SHOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BOS ATTIC CONSIGNMENT & THRIFT SHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. BOS ATTIC CONSIGNMENT & THRIFT SHOP DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, BOS ATTIC CONSIGNMENT & THRIFT SHOP’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BOS ATTIC CONSIGNMENT & THRIFT SHOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BOS ATTIC CONSIGNMENT & THRIFT SHOP IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER NEW JERSEY LAW.
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.
Dispute Resolution; Binding Arbitration; Class Action Waiver
Informal Dispute Resolution
In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by going to our Support Center.
If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
1.     to Bos Attic Consignment & Thrift Shop at:

Bos Attic Consignment & Thrift Shop.
Attention: Support
455 Rte 36
Port Monmouth
New Jersey, 07758
OR
2.     to you at: your last-used billing address or the billing and/or shipping address in your online profile.
You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration Agreement
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Bos Attic Consignment & Thrift Shop expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Bos Attic Consignment & Thrift Shop will provide such notice by email to your email address on file with Bos Attic Consignment & Thrift Shop and you must provide such notice by email to support@mybosattic.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. You may begin an arbitration proceeding by sending a letter requesting arbitration to Bos Attic Consignment & Thrift Shop:
Bos Attic Consignment & Thrift Shop.
Attention: General Counsel
455  Rte 36
Port Monmouth
New Jersey, 07758
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Bos Attic Consignment & Thrift Shop will reimburse those fees for claims totaling less than $5,000. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
In lieu of arbitration, either you or Bos Attic Consignment & Thrift Shop may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Waiver of Right to Bring Class Actions and Representative Claims
All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and Bos Attic Consignment & Thrift Shop agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Bos Attic Consignment & Thrift Shop hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Termination
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Bos Attic Consignment & Thrift Shop. You agree that Bos Attic Consignment & Thrift Shop, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Bos Attic Consignment & Thrift Shop may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Bos Attic Consignment & Thrift Shop may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that Bos Attic Consignment & Thrift Shop shall not be liable to you or any third-party for any termination of your access to the Services.
Bos Attic Consignment & Thrift Shop may terminate these Terms immediately without notice for any of the following reasons: (a) if you fail to make any payment when due; (b) for any unauthorized access or use by you; (c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website; (e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (Bos Attic Consignment & Thrift Shop, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (f) if you violate any of the other terms and conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which the Bos Attic Consignment & Thrift Shop may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Bos Attic Consignment & Thrift Shop.
Bos Attic Consignment & Thrift Shop reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. Bos Attic Consignment & Thrift Shop may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Bos Attic Consignment & Thrift Shop places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.
General Information
These Terms shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by Bos Attic Consignment & Thrift Shop, in our sole discretion.
Except as explicitly stated otherwise, any notices to Bin Win Auction shall be given by certified mail, postage prepaid and return receipt requested to:
Bos Attic Consignment & Thrift Shop LLc.
455 Rte 36
Port Monmouth
New Jersey, 07758
Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to Bos Attic Consignment & Thrift Shop during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.
These Terms along with our Privacy Policy and the terms set forth in our Support Center collectively set forth the entire understanding and agreement between you and Bos Attic Consignment & Thrift Shop with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or subsequent to these Terms, or are signed or acknowledged by any member of the Company parties.
If Bos Attic Consignment & Thrift Shop takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, Bos Attic Consignment & Thrift Shop shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney’s fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.
To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.
Questions?
If you have questions about these Terms or the Services, please visit our Support Center, contact our customer service department at support@mybosattic.com
ADD THESE TERMS TO BOS ATTIC
PARTS OF THE AGREEMENT BOS ATTIC CONSIGNMENT & THRIFT SHOP DOESN’T USE
Clothing Acceptance and Payouts
After your Boo Bag has been processed,Bos Attic Consignment & Thrift Shop will inform you whether any of your items have been accepted and individually listed on our Services and the associated payout for such items. Any determinations, including without limitation: (i) whether an item is accepted or unaccepted, (ii) the listing price for a consignment item or (iii) the non-negotiable upfront payout amount offered for an item, will be made in Bos Attic Consignment & Thrift Shop’s sole discretion and may be based on a variety of factors including seasonality and the composition of our existing inventory. Bos Attic Consignment & Thrift Shop reserves the right to adjust its criteria for upfront and consignment payout eligibility at any time without notice.
Return To Me
You may choose to add “Return to Me” for an additional fee for each Boo Bag you request (other than Donation Bags). If you select Return to Me, Bos Attic Consignment & Thrift Shop will return items that we do not accept to your address on file. If you do not add Return to Me, to your Boo Bag, Bos Attic Consignment & Thrift Shop will not return unaccepted items. Bos Attic Consignment & Thrift Shop reserves the right to sell or otherwise dispose of any unaccepted items in its sole discretion.
Unaccepted Items
If Return To Me, is not selected, you agree that any unaccepted items will immediately and irrevocably become property of Bos Attic Consignment & Thrift Shop and will not be returned. Bos Attic Consignment & Thrift Shop reserves the right to sell unaccepted items to third-party textile recyclers or through its other proprietary commercial channels (see Rescues) without any obligation to compensate you for such unaccepted items. If you do not agree to the foregoing, please select Return to Me or consider the foregoing prior to using our Boo service.
Accepted Items and Payout Credits
Accepted items will be listed for consignment on our Website. Bos Attic Consignment & Thrift Shop will set the initial consignment listing price in accordance with our payout estimator. Consignment listings will expire after 84 days. Upon expiration, you can reclaim your item within 10 days. If you do not choose to timely reclaim your expired items, they will automatically become property of Bos Attic Consignment & Thrift Shop and you will not receive any payout. Please note that you may reclaim your unsold/unreserved consignment item at any time beginning on the 84th day after your item has been listed and prior to its listing expiration.
Bos Attic Consignment & Thrift Shop reserves the right to purchase your consigned item at any time at the then-current listing price or to offer you an upfront payout credit for your item. If you choose to accept the upfront payout offer for your item in lieu of consignment, you acknowledge and agree that such item will immediately and irrevocably become property of Bos Attic Consignment & Thrift Shop and may not be returned. Upfront payouts are final, non-negotiable and non-transferrable. Unless otherwise stated, any payout credits can initially be applied towards purchases on the Website. After 14 days, you can choose to cash out your payout credits via PayPal or Bos Attic Consignment & Thrift Shop Visa Prepaid Card.
Once your consigned item is sold, your account will be credited with your consignment payout according to our Consignment Contract payout. Please note that your consignment payout may not be affected in the event that the purchasing customer returns the item. Payout calculations may be subject to change from time to time without notice. For additional information on payouts and consignment, please visit our Support Center.
Note that Bos Attic Consignment & Thrift Shop prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel.
Listing Price Adjustments
At any time before an item sells or is reserved in a customer’s cart, you may log in to your account to change the listing price of your consigned item, but you may not increase the price higher than the estimated retail price set by Bos Attic Consignment & Thrift Shop. Any adjustment you make to the listing price may affect the payout amount you receive if your item sells. If your consignment item(s) are purchased with a promotional code or offer, your earnings will be reduced accordingly.
Donation Boo Bags
Bos Attic Consignment & Thrift Shop may offer you the option to elect to donate the contents of your Clean Out Bag to one of our designated charity partners. By electing to donate to one of our active charity partners, you authorize Bos Attic Consignment & Thrift Shop and/or its affiliates to receive your donation on behalf of the charity partner. At its discretion, Bos Attic Consignment & Thrift Shop and/or its affiliates may elect to purchase the contents of your Clean Out Bag for $5.00 USD per bag from the charity partner whereupon 100% of the proceeds of such transaction will be transferred to the charity partner. You will not receive a payout for items in your Donation Clean Out Bag, however, you will receive a donation tax receipt from the charity partner.
Bos Attic Consignment & Thrift Shop regularly updates its charity partner relationships. In order to guarantee that your donation bag will be assigned to your preferred charity, please return it within 90 days of receipt. After 90 days, Bos Attic Consignment & Thrift Shop reserves the right to assign your donation bag to any one of its then-current charity partners, in its discretion.
For additional information on donations, please visit our Donations Page.
Bos Attic Consignment & Thrift Shop B-LUX
Bos Attic Consignment & Thrift Shop B-Lux accepts women’s luxury designer clothes, handbags, and shoes from our approved designer brands list. B-LUX items are authenticated by our specially trained authentication team. The initial listing price of B-LUX items is based on a variety of factors as determined by our authentication team. You have 24 hours before listing to adjust the initial listing price.
If you are using the B-LUX, please see https://www.bosattic.com/blux for additional terms which are incorporated into these Terms by reference.
Please contact us at b-luxconcierge@mybosattic.com with any questions.
Boo Boxes
When you request a collection of clothing curated by us and customized for you from our Bos Attic Consignment & Thrift Shop inventory – it constitutes an offer to purchase the items provided in your Boo Box. We may accept your offer by processing your non-refundable deposit.Boo Boxes may only be shipped to U.S. addresses – excluding Alaska and Hawaii.
We will charge you a non-refundable deposit to your credit card or other authorized payment methods when you request a Boo Box. For the items you choose to keep, the non-refundable deposit will be credited towards the purchase price of those items. The risk of loss for the items in your Boo Boxes passes to you when we deliver the items to the carrier.
You may return any items provided in your Boo Box by mailing them back to us with the shipping label provided in your box. Any items you return must be postmarked no later than seven (7) days after you receive your box (“Return Date”). Items must be returned in the same condition in which you receive them (e.g. ‘New with Tags’ items must be returned with original tags still attached). You will retain title to the items in your box and risk of loss of the items will remain with you until we receive the returned items and we determine that the items were returned in the same condition.
When we receive your returned items, you will be deemed to have rejected the items and title will return to us. We will assume that you have chosen to keep any items in your Boo Box that you do not postmark back to use by the Return Date and will charge your credit card or other authorized payment (including shopping credit) method for those items. Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Bos Attic Consignment & Thrift Shop. Items postmarked after the Return Date may be subject to a late fee.
Since all of our items are unique, we cannot provide exact pricing before your box is curated; however, you will be able to see the price of each item when your box arrives. Except as expressly stated, discounts and promotions may not be applied to Boo Boxes.
For more information on Boo Boxes, please contact us at Boo-support@mybosattic.com  .
BOO is Bos Attic Consignment & Thrift Shop’s private clothing label designed with our mission to inspire the next generation of consumers to think secondhand first. If you choose to send in your gently used Remade item(s) that you purchased new through our clean out service, you will receive a payout equal to 40% of your purchase price. Please note that eligible Remade items must be returned in like-new, resellable condition, as determined by our merchandise evaluators. If you return a Remade item that is damaged or exhibits signs of excessive wear and tear, then you understand the item will not meet our quality standards for this program. If you would like to receive any of your unaccepted items back, please be sure to select Return to Me.
For questions regarding Bos Attic Consignment & Thrift Shop and the Purchase back option, please visit our Support Center.
Rescues
Bos Attic Consignment & Thrift Shop has traditionally sold unaccepted items to third-party textile recyclers. Rescues is a new service by Bos Attic Consignment & Thrift Shop offering bundled apparel, including previously unsold or unaccepted apparel for sale which has been determined by Bos Attic Consignment & Thrift Shop to be non-functional, have cosmetic defects or was otherwise not accepted pursuant to our normal clothing processing standards. Unless otherwise stated, Rescues items are final sale, non-refundable, and non-returnable.
At Bos Attic Consignment & Thrift Shop, we believe that you have a right to know what information we collect from you, and we want you to understand our commitment to protecting your privacy. This Privacy Policy (“Privacy Policy”) applies to our stores, websites, applications, or website features you use or access (collectively, the “Sites”), as well as any mobile application (each, an “Application” or “App”) that includes an authorized link to this Privacy Policy (together the stores, Sites and Applications are referred to as the “Services”).
By using our Services, you agree to the use, disclosure and procedures this Privacy Policy describes, which is incorporated into our Terms of Use.
Please note that this Privacy Policy does not apply to third party services (each, a “TPS”), such as Facebook, Amazon, or other social network services and commercial partners of Bos Attic Consignment & Thrift Shop. We are not responsible for their practices, content, or privacy policies. We encourage you to carefully review the privacy policies of any TPS you access so that you know how they will use and share your information.
If you have any questions, please reach out to us at privacy@bidwinauction.com or by writing to us at:
Bos Attic Consignment & Thrift Shop LLc.
Attention: Privacy Policy
453 Rte 36
Port Monmouth
New Jersey, 07758
1. Information Collected or Received
The information we collect from you falls into two categories: personally identifiable information (“Personal Information”) and non-personally identifiable information (i.e., information that cannot be used to identify who you are) (“Non-Personal Information”).
Personal Information we may collect from you includes your name, email address and telephone number. We maintain one or more databases to store your Personal Information and may retain it as reasonably required to serve you and operate the Service. Personal Information that we collect depends on how you use the Services. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of many features of the Services.
Non-Personal Information we may collect from you includes identifier and other technical information, such as your browser information, operating system information, device information, IP address and the date, time, length of stay and specific pages accessed during your interactions with the Services.
We do not knowingly collect information from children under the age of 13, in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or legal guardian of a minor child, you may use the Services on behalf of such minor child. If you have questions concerning our information practices with respect to children, or if after a transaction, you would like to review, have deleted, or stop the further collection of your child’s Personal Information, please email us at privacy@bidwinauction.com  .
2. How Information Is Collected
We may collect your information in the following ways:
When You Provide Us With Information to Make a Purchase
If you use our Services to make a purchase, we may request certain Personal Information from you to facilitate the transaction. We may also collect certain financial information from you, such as your payment method (this may include valid credit card number, type, expiration date or other financial information). We store only a very limited portion of your credit card information, in a manner that is generally permitted by credit card issuers. Our payment processing partner stores and processes your credit card or other payment information using industry-standard security measures. By making a purchase through the Services, you give us consent to use and provide your financial information as we consider necessary to process the transaction.
Communications You Initiate with Us
If you contact us in person, by phone, email, instant message, live chat, social media, or by some other means (either through our Services or through TPS), we may keep a record of your contact information and correspondence for later reference. When we send you emails, we may track whether you open them to figure out how to deliver more delightful and helpful emails and improve our Services.
Third Party Services
If you create your Bos Attic Consignment & Thrift Shop account by connecting through a TPS, such as Amazon or Facebook, you are authorizing us to use public information from that connected account to help complete your Bos Attic Consignment & Thrift Shop profile. We collect and store this information and use it to help you connect to our Site. Connecting your Bos Attic Consignment & Thrift Shop account to a TPS is completely optional, and you will have the opportunity to grant permission when you attempt to connect. Please remember that the manner in which the service uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that TPS, including its privacy and data gathering practices. Bos Attic Consignment & Thrift Shop shall have no liability or responsibility for the privacy practices or other actions of any TPS or any other third-party site or service that may be enabled within the Service.
Bos Attic Consignment & Thrift Shop partners with TPS who set cookies and tracking pixels for Site visitors and members on our behalf in order to deliver their services. These services include targeted online marketing and analysis of data collected through cookies. These TPS technologies allow a partner to recognize your computer or mobile device each time you visit Bos Attic Consignment & Thrift Shop.com or other sites that also utilize the TPS, but do not allow access to Personal Information from Bos Attic Consignment & Thrift Shop. TPS may choose to include Bos Attic Consignment & Thrift Shop widgets on their sites. When you load a site that has chosen to include our widgets, we receive analytics information through a cookie that may be used to enhance our data or to improve our services. Bos Attic Consignment & Thrift Shop does not have access to or control over these TPS technologies, and they are not covered by our Privacy Policy.
We may, however, at Bos Attic Consignment & Thrift Shop’s discretion, share your personal information with TPS providers and other commercial partners to: (i) provide you with additional services related to our Services; (ii) conduct quality assurance testing; (iii) facilitate creation of accounts; (iv) provide technical support; (v) market the Services; (vi) facilitate business partnerships with trusted partners and/or (vii) to provide other services to Bos Attic Consignment & Thrift Shop.
Information We Automatically Collect
Like most websites, our Services may incorporate technology such as “pixel tags”, “web beacons” and “cookies” which allow us to track the actions of users of our Services. Pixel tags, web beacons and cookies collect Non-Personal Information. Pixel tags or web beacons are tracking devices on websites or in emails that can monitor the behavior of the user visiting the website or sending the email. Cookies are small files placed on your computer that recognize you when you return to Bos Attic Consignment & Thrift Shop and that allow us to customize your user experience and improve the Bos Attic Consignment & Thrift Shop service. You may modify the cookies that are accepted by your computer by changing your browser settings, although this may change the way the Bos Attic Consignment & Thrift Shop website is presented to you. Other companies’ use of their cookies is subject to their own privacy policies, and we have no obligation to inform you of third party cookies that are set.
As an example, Bos Attic Consignment & Thrift Shop uses cookies to keep track of your shopping cart and for other personalized experiences. We also use tracking technology to create remarketing audiences of users based on visitor behavior on our Sites. Bos Attic Consignment & Thrift Shop may also deliver custom ads based on your affinities, interests, geographic and demographic signals. In particular, Bos Attic Consignment & Thrift Shop may use other TPS or services such as Google Analytics to monitor activity on the Site and to assist with advertising. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps” located at https://www.google.com/policies/privacy/partners/  .
We may also collect information when you are visiting our stores. Like most retailers, we have in-store video and user-friendly technology that helps us understand customer behavior within our physical spaces. We may also anonymously collect wireless device signature information while you are near or in our stores to help us better understand our customers.
OPTING OUT
If you decide you do not want to receive email or other mail from us, you can select the “opt out” provision in our communications to unsubscribe. Unsubscribing will stop you from receiving most types of communication, but it may not apply to emails about orders or transactions you place through the Services or to respond to your specific request, such as password recovery.
Except as we discuss in this Privacy Policy, we will not share your Personal Information with third parties who wish to market other products and services to you.
Blogs, Reviews and Testimonials
The Services may from time to time offer publicly-accessible blogs, customer reviews or testimonials. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your Personal Information from our blogs, customer reviews or testimonials, please contact us at privacy@bidwinauction.com . Please note that in some cases we may be unable to remove your Personal Information.
3. How Information Is Used
We primarily use the information we collect to enhance the Services and your experience. Except if we sell all or a portion of our business, as described below, we do not rent or sell your Personal Information to anyone. If we share your Personal Information, we do so as described below.
Non-Personal Information
We may share or disclose aggregated Non-Personal Information on our Site with service providers and/or with other persons we conduct business with. These service providers and other persons may also share with us aggregated Non-Personal Information that they have independently developed or acquired. Additionally, we may combine aggregate information from the pixel tags, web beacons and cookies (discussed above) with similar data we collect from other visitors to help us improve our Services.
Agents
Generally, we will not disclose your Personal Information to unaffiliated third parties. However, we may provide your Personal Information to our employees, contractors, commercial partners, agents, service providers and designees (“Agents”) to enable them to perform certain services for us including without limitation: order fulfillment, payment processing, Auction and Thrift Shop processing, website-related services such as web hosting, database management, improvement of website-related services and features, maintenance services and distribution of offers, business partnerships, partner promotions, advertisements and other marketing materials on our behalf.
We may also provide our Agents with non-identifying or aggregate information indicating the demographic information of users on our Website, buying behavior, and opportunities to market to select segments of our users indirectly. When we share non-identifying or aggregate user data, it is done in a way that it cannot be linked with your Personal Information.
How We Respond to Do Not Track Signals
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature to signal that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. This site does not comply with Federal DNT legislation.
Use of Services via Mobile Device
If you use the Services through your mobile device, we may receive a unique identifier or information about your location. You may at any time prevent the Services from using your location by turning this option off at the device level. When you use the Services through your mobile device, we also collect device type and UUID, a unique identifier generated within the App, and store this information in log files and system databases. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.
Business Transactions and Transfers
If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Bos Attic Consignment & Thrift Shop customer information (including Personal Information) will likely be shared for evaluation purposes and included among the transferred business assets.
Compliance with Laws and Law Enforcement
Bos Attic Consignment & Thrift Shop cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our rights or the rights of our users or others, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be illegal, unethical or legally actionable activity. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to accomplish the foregoing.
4. Notice To California Residents and Non-US Residents
California Privacy Rights
If you are a California resident, you may ask us for a notice identifying the categories of Personal Information we share with our affiliates and/or third parties for marketing purposes and the contact information for such affiliates and/or third parties (under California Civil Code Sections 1798.83-1798.84). If you are a California resident and would like a copy of this notice, please submit a written request to privacy@bidwinauction.com .
International Users Consent to Transfer
The Service is hosted in the United States. If you are visiting the Service from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable United States laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to transfer of your information to our facilities as described in this Privacy Policy.
5. Information Security
Without limiting the terms of our Terms of Use and this Privacy Policy, you understand that we do not guarantee that your use of the Site and/or information provided by you will be private or secure and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You also understand that any information provided by you or collected by us or our Agents in connection with your use of the Site will be used in the manner described in our Terms of Use. Any information that you provide to us is done so entirely at your own risk. Please do not use the Site if you do not agree to the terms and conditions described in this Information Security section.
If you would like to modify or delete your Personal Information, please contact our Support Center with clear instructions about what you would like to be modified or deleted. We will respond to your request promptly.
6. Updating and Revising Privacy Policy
We occasionally review this Privacy Policy to make sure it complies with applicable law and conforms to changes in our business. We may need to update this Privacy Policy, and we reserve the right to do so at any time. If we do revise this Privacy Policy, we will update the “Last Updated” at the top of this page so that you can tell if it has changed since your last visit. Please review this Privacy Policy regularly to ensure that you are aware of its terms. Your use of the Services constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us from time to time.
7. Personal Information You May Access
Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us: name and password, mailing address, billing address and email address.
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing, updating, or deleting your information, please contact us at privacy@mybosattic.com .
Questions?
If you have any questions about this Privacy Policy, please contact us by email privacy@mybosattic.com .
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