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Welcome:
Thank you for visiting voguemama.com. Please review our Terms and Conditions of Use.
By accessing our site, you expressly agree and consent to all the following terms and conditions.
Your Account
Upon registration you are responsible for your password and account
access and you agree to accept all responsibility for actions that
occur under your account and password. Impersonations of any kind,
such as false e-mail addresses or misrepresentation of identity or authorship,
will also constitute a breach of these Terms and Conditions of Use.
Photos
All sellers must provide photos of the item for posting. We must receive
2-3 photos of the item that are clear and display the merchandise well.
We reserve the right to select and post only a portion of the photos provided.
All photos provided must be of the actual item to be sold and not an example or
facsimile of the item.
Shipping/Payment:
All Sellers must ship items upon payment within 14 days. All buyers when purchasing items, must use paypal / credit card. Payment will be made between buyer and seller. Buyer can pay the seller via credit card, paypal or
through separate agreement between both buy and seller. Voguemama.com will not
be a part of the final agreement on how the item will be paid. Voguemama.com
will not act as an escrow service for either party. Items will be shipped at
buyer's expense.
Consignment:
Upon sale of item, the seller agrees to pay voguemama.com 15% of the sale price as
a consignment fee. Voguemama.com may refuse to list items or may remove
listings for any user with delinquent consignment fees.
Length of time on site:
All items will be listed on site for 30 days. If the item does not sell, you will
be contacted through email and will have the option to relist your item.
Items:
Voguemama.com reserves the right to refuse posting of clothing not deemed acceptable
under out "designer" standards solely at our discretion. The consigner will be
notified within 48 hours if we have refused posting.
Donations
The seller has the option to donate a portion of the sale to a charity listed on the
site. Voguemama.com is responsible for payment to the charity and will send a receipt
to the seller for their donation.
Minimum Age Requirement
You must be 18 years of age to participate in any buy/sell activity.
Website Admission and License
No portion of our site may be copied, duplicated, reproduced, visited, sold or resold,
or otherwise exploited for any purpose without express written consent of voguemama.com.
Pricing
We reserve the right to price goods at price both seller and voguemama.com agree on. The
seller may list price and if voguemama.com has an issue with the price, they will contact
the seller to negotiate a price they both agree upon.
Transfer of Risk and Title
When you buy an item at voguemama.com and agree to shipping, delivery to you occurs and
title passes to you upon deposit of the item in US mail by the seller and the risk of
loss, rests with you as the buyer. The buyer also has the right to request insurance at
buyer's cost.
Limitation of Liability
You agree not to hold voguemama.com responsible for actions or inactions by any other
user, whether a seller or buyer, postings or transactions based on posting on the site.
voguemama.com is not involved in the actual purchase transaction between buyers and sellers.
voguemama.com has no control over and does not guarantee the quality or safety of items
advertised, the truth or accuracy of listings, the ability of sellers to sell items, the
ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Transfer of legal ownership of items sold on the site is directly from the seller to the buyer,
and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2)
and Uniform Commercial Code § 2-401(2). Unless the buyer and the seller agree otherwise, the buyer will become
the item's lawful owner upon receipt of the item, in accordance with California Commercial Code § 2401(2) and
Uniform Commercial Code § 2-401(2). Voguemam.com does not provide any warranty with respect to goods sold on
the site. You agree that voguemama.com has no liability for any loss of money, goodwill, or reputation, or any
special, indirect, or consequential damages arising out of your use of the site. Notwithstanding your
agreement to no liability on the part of voguemama.com, if we are found to be liable, our liability to
you or to any third party is limited to the greater of (a) the total consignment fees you paid to us
pursuant the consignment section above in the 12 months prior to the action giving rise to the liability,
and (b) $100.
Indemnity and Release
If you have a dispute with one or more users, you release voguemama.com (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages
(actual and consequential), known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you expressly waive California Civil Code §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."
You will indemnify and hold voguemama.com (and our officers, directors, agents, subsidiaries, joint ventures
and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Interpretation, Jurisdiction and Venue
You expressly agree that these Terms and Conditions of Use shall be interpreted under the laws of the State
of California and you further agree that any action, suit, or other dispute between you and voguemama.com
will be brought in the Santa Barbara County Superior Court for the State of California or, for any action
solely based on jurisdiction of federal law, in the Federal District Court for the Central District of California.
Privacy
Data which you provide to us for registration on this site and concerning transactions conducted on the site will
not be disclosed to any third party without your consent except as required by law or in association with any legal
action through which a demand is made for production by voguemama,com of that information. You agree that we may
use information which you supply to contact you regarding your account and use of the site and to enforce the terms
and conditions herein. We are not responsible for any information which you provide to another user as a portion
of a transaction conducted through the site.
We use "cookies" (small files placed on your hard drive) on certain parts of our pages to help analyze our web page flow;
customize our services, content and advertising. Our use of cookies allows us to offer certain features that are
available only through the use of cookies. Cookies are used to help identify you and maintain your session with our
website. Our cookies are "Expiring session cookies," meaning that they are automatically deleted from your hard drive
at the end of a session Our cookies may be declined if your browser permits, although doing so may interfere with your
use of some features of our site or services.
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