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
Attention: Legal
455 Rte 36
Port Monmouth
New Jersey, 07758
Email:support@mybosattic.com
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
.
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
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
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
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 .