Terms and Conditions
Welcome to the website of Collette, LLC. These Terms & Conditions govern your use of the Collette Consignment Website. By using the Website, you are stating that you have read and understand, and agree to be bound by, these Terms & Conditions. You agree that these Terms & Conditions incorporate and include Collette’s Privacy Policy. The Website offers a wide range of services and sometimes additional terms may apply to your use thereof. For example, consignors are subject to additional Consignment Terms governing the consignment of items on the Website. If you do not agree to be bound by these Terms and Services and the Privacy Policy, you may not use the Website in any way.
DESCRIPTION OF SERVICES
In the Site, Collette provides users with access to sales of luxury resale items and housewares online. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website.
YOUR ACCOUNT
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Websites registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Collette has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Collette has the right to suspend or terminate your account and refuse any and all current or future use of the Website. If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Collette immediately of any unauthorized use of your account or any other breach of security. Collette reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
AUTHENTICATION AND BRANDS
You acknowledge and agree that Collette’s authentication process is in-house and independent. Brands identified on the Website are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Website are not partnered or affiliated with Collette in any manner. However, Collette fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLLETTE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLLETTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. COLLETTE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL COLLETTE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
INDEMNITY
You will indemnify and hold harmless Collette from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Collette and such parties, and shall defend Collette and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms & Conditions of Services; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Collette will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Collette.
FORCE MAJEURE
Collette shall be excused from performance under these Terms & Conditions of Services, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Collette. In the event that Collette is temporarily unable to ship to you a purchased item because of such an event, Collette will give you the option of deferring shipment or receiving a refund of your charges.
GENERAL
If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Collette may offer special promotional offers which may or may not apply to your Collette account. Headings are for reference purposes only and do not limit the scope or extent of such section. The Terms & Conditions of services and the relationship between you and Collette will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Collette agree to submit to the personal jurisdiction of the federal and state courts located in the Suffolk County in the State of New York with respect to any legal proceedings that may arise in connection with these Terms & Conditions of Services. The failure of Collette to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Collette does not guarantee it will take action against all breaches of these Terms & Conditions of Services, except as otherwise expressly provided, there shall be no third-party beneficiaries to these Terms & Conditions of Services. These constitute the entire agreement between you and Collette, and govern your use of the Website superseding any prior agreements between you and Collette with respect to the Website.