Last updated: January 6, 2025

These Terms of Service are entered into by and between you (“User,” “You,” or “Your”) and Haute Vintage LLC (“Haute Vintage,” “We,” “Us,” or “Our”). The following terms of service, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of www.hautevintage.com, its related sites, services, applications, mobile applications, domain names, content, functionality, downloads, user interfaces, associated features, tools, auction services, buy now services, and other online services controlled or operated by Haute Vintage (collectively, the “Service”), whether as a buyer, seller, guest, registered user or user that otherwise accesses the Services (collectively, “Users”). These Terms of Service are in addition to the terms or conditions of any other written executed agreement (an “Additional Agreement”) you may have with us. In the event of a conflict between these Terms of Service and the Additional Agreement, these Terms of Service will apply unless expressly set forth otherwise in the Additional Agreement. 

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THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CAREFULLY.

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BY CREATING AN ACCOUNT, ACCESSING OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS THAT APPLY YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY WAY.

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These Terms incorporate Our Privacy Policy available at https://www.hautevintage.com/privacy (“Privacy Policy”).

1. ELIGIBILITY

In order to use the Service, You must be 18 years or older. If You are under the age of 18, You are prohibited from accessing or using the Service. You may not have more than one active Account (defined below). Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party. If You do not meet the foregoing eligibility requirements, You may not use the Service. You are not permitted to access the Service if Your Account has been suspended or removed by Us for any reason.

2. PRIVACY

By accessing or using the Service, You acknowledge and accept Our Privacy Policy (available at https://www.hautevintage.com/privacy) which discloses how We collect, use, and share information about You.

3. CONTENT LICENSE; OWNERSHIP

Content

The Service contains a variety of: (a) materials and other items relating to Us and Our products and Services, and similar items from Our licensors and other third parties, including digital content, products, Services, and materials that may be developed or otherwise made available from time to time for You to view, purchase, or download, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (b) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including Us (collectively, “Marks”); and (c) other forms of intellectual property (all of the foregoing, collectively, “Content”).

Limited License

Content is licensed, not sold, to You by Us. Subject to Your strict compliance with these Terms and any Additional Terms, We hereby grant to You a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, non-transferable license to view and display the Content on supported devices for Your personal use or internal business purposes solely through the Service (the “Limited License”). The Limited License will remain in effect until and unless We or You terminate the license.

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Ownership

All right, title, and interest in and to the Service is Our property or Our licensors or certain third parties’ property, all of which is protected by U.S. and international intellectual property laws. Except as explicitly stated in these Terms, We, Our licensors and such other third parties reserve all rights in and to the Service.

4. YOUR ACCOUNT

Account Security

In order to access the Service, You may need to sign-up or otherwise create an account with the Service (an “Account”), for yourself or on behalf of a company, organization, entity, or brand (a “Company”) or use Your or Your Company’s credentials (e.g., username and password) if provided from a third-party social media or other platform (e.g., Google, Facebook, etc.). You represent, warrant and covenant that all information You provide in connection with creating, accessing and using Your Account is accurate, current and complete. You will promptly update such information if it changes at any point. If You provide any information that is or becomes (or if We have reasonable grounds to suspect that such information is) false, inaccurate, outdated or incomplete, or violates these Terms, the Privacy Policy, Additional Terms, or any applicable law, We may suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). 

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You are solely responsible for maintaining the confidentiality of Your Account credentials. You accept sole responsibility for all activities that occur under Your Account, username or password – whether or not You authorized the activity – and You will not sell, transfer, or assign Your Account or any Account rights to any third party. You must notify Us immediately of any unauthorized use of Your Account or any other breach of security. We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with Your responsibilities in this Section.

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Account Authorization

If You register an Account on behalf of a Company, the terms “You” and “Your,” as used throughout these Terms apply to both You and the Company. You represent and warrant that You are authorized to grant all permissions and licenses provided in these Terms (and any Additional Terms) and to bind the Company to these Terms (and any Additional Terms).

5. ITEM DESCRIPTIONS

You are aware that, unless otherwise stated, the Items are not new nor in perfect condition, may have patent and/or latent defects (including those beyond ordinary wear and tear), may require touch-up or repairs prior to use, and the available information about these Items may be limited. Haute Vintage will not list every flaw associated with each Item. In the case of obvious faults (tears, stains, significant damage, etc.), if Haute Vintage is aware of a fault, it will take reasonable measures to highlight the fault during the auction preview and/or within any photos and/or descriptions.

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Haute Vintage will provide descriptions based on its assessment of an Item, as well as any information provided to Haute Vintage when the item was acquired. However, Users should not assume that our assessment of condition will be the same as Your assessment, or that the information acquired upon which Haute Vintage relies is accurate.

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All descriptions of Items sold on the Services are for the sole purpose of identifying such Items, and no description of Items has been made a part of the basis of the bargain or has created any express warranty that Items would conform to any description made by Haute Vintage. Color variations can be expected in any electronic or printed imaging and are not grounds for the return of any Item. It is Your responsibility to preview the item at auction, review any descriptions provided, and ask any questions before bidding.

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Any brands of Items identified on or through the Services: (i) are not involved in the authentication of the Items being sold through the Services, and (ii) do not assume responsibility for any Items purchased from or through the Services. Brands of Items sold on or through the Service are not partners or affiliates of Haute Vintage in any manner.

6. AUTHENTICATION AND BRANDS

Our product authentication process is independently conducted in-house by Our team and also via an industry-leading third-party authentication appraiser. Brands identified on or through the Service: (i) are not involved in the authentication of the products being sold through the Service, and (ii) do not assume responsibility for any products purchased from or through the Service. Brands sold on or through the Service are not partners or affiliates of Us or the third-party authenticator in any manner. However, We fully cooperate with brands seeking to identify the source of counterfeit items, which may include, when required by court order or directive of law enforcement, revealing the contact information of consignors submitting counterfeit goods. We may also, when required by court order or directive of law enforcement, reveal to brands the contact information of consignors submitting products that have been challenged as infringing, unapproved, suspicious, potentially stolen, or offered for sale in an unauthorized geographic market.

7. USER-SUBMITTED POSTINGS

General

The Service, either on behalf of itself or via third-party platforms (e.g., Instagram, Facebook, etc.) may provide You with the ability to create, post, upload, display, publish, transmit, broadcast, share, or otherwise make available content, including messages, text, illustrations, files, images, graphics, photographs, ratings, reviews, questions, products, listings, descriptions and images of goods or services, resources or other information or materials (together, “Postings”). We are under no obligation to screen, edit or monitor any Postings and assume no responsibility or liability relating to any such Postings. However, We may delete or remove Postings, with or without notice, at any time and for any reason.

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In connection with any purchase or sale you make on the Site, you grant Us permission to use any feedback, reviews, or quotes you provide in connection with your item(s) (the “Quote”) for marketing or promotional purposes. We may display your Quote in product listings or other promotional material, using your first name and last initial, along with your city and state (e.g., “Mary S., New York, NY”). You agree that we have the right to edit your Quote for clarity and brevity, provided that such edits do not misrepresent the original meaning or context.

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Restrictions

You acknowledge that You are responsible for any Postings You may submit through the Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. Each time You submit a Posting, You represent and warrant that You are not submitting any Posting that:

• is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, misleading, non-compliant advertising, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws; 

• may contain software viruses or malware, corrupted data or other harmful, disruptive or destructive files or content;

• contains or depicts any statements, remarks or claims that do not reflect Your honest views and experiences or is designed to impersonate others or misrepresent Your affiliation with any person or entity;

• contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, Account numbers, addresses or employer references), except where We expressly ask You to provide such information or contains private or personal information of a third party without such third-party’s consent;

• contains messages by any of Our employees (that are not official spokespersons for Us) purporting to speak on behalf of Us or containing confidential information or expressing opinions concerning Us or the Service;

• contains multiple messages placed within individual folders by the same User restating the same point; contains chain letters of any kind, any unsolicited promotions, political campaigning, advertising or solicitations or other commercial content;

• in Our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Service, or that may expose Us or others to any harm or liability of any type;

• contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.

Postings License

You hereby grant Us a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive, unrestricted, unconditional, royalty-free, fully-paid license to use, copy, reproduce, distribute, publicly display, modify, adapt, publish, translate, sell, resell, sublicense (through multiple tiers), create derivative works from, and otherwise use and exploit all or any portion of Your Postings (and derivative works thereof) for any lawful purpose. Except as prohibited by law, You hereby waive, and You agree to waive, any moral rights (including attribution and integrity) that You may have in any Postings, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.

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Publicity License

To the extent necessary, when You appear in or contribute to Postings, You also grant Us the unrestricted, worldwide, royalty-free, perpetual right and license to use Your name, image, likeness, and voice. This means, among other things, that You will not be entitled to any compensation from Us if Your name, image, likeness, or voice is conveyed on or through the Service.

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Non-Confidentiality

When You submit Postings on or through the Service, You understand that Your Postings and any associated information (such as Your username or photos) may be visible to other Users. Consequently, (a) Your Postings will be treated as non-confidential – regardless of whether You mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) We do not assume any obligation of any kind to You or any third party with respect to Your Postings.

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Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

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YOU WAIVE AND HOLD HARMLESS HAUTE VINTAGE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PATIES OR LAW ENFORCEMENT AUTHORITIES.

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8. SITE SECURITY & PROHIBITED CONDUCT

You may not violate or attempt to violate the security of the Site. Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents, are prohibited and constitute a breach of these Terms of Service. You are solely responsible for Your conduct while accessing or using the Service and in addition to the “Restrictions” above, You will not:

• sell, rent, lease, distribute, broadcast, publicly perform, publicly display, sublicense, or otherwise assign any rights to the Service or any portion of it to any third party;

• access data not intended for you or log onto a server or an account that you are not authorized to access;

• invade the privacy of, obtain the identity of, or obtain any personal information about any user of the Site;

• remove or modify any proprietary notices, warnings, instructions, or labels on the Service or otherwise make any derivative uses of the Service, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions;

• cache, create unauthorized hypertext links to the Service or frame any Content;

• use any data mining, robots, or similar data gathering and extraction tools, or bypass or ignore instructions contained in Our robots.txt file or equivalent restrictive technologies that control automated access to portions of the Service;

• use or attempt to use another User’s account without authorization from that User and Us;

• use Marks as metatags on other pages or sites on the Internet;

• send unsolicited email, including promotions and/or advertising of products or services;

• forge any TCP/IP packet header or any part of the header information in any email or posting;

• use the Service in any manner that could interfere, damage, disable, overburden or impair the functioning of the Service or Our infrastructure (in Our sole discretion) in any manner or disrupt, negatively affect, or inhibit other Users from fully enjoying the Service, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing, or crashing;

• reverse engineer, decompile, or disassemble the underlying software or any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service;

• attempt to circumvent any content-filtering or access restriction techniques We employ or attempt to access any feature or area of the Service that You are not authorized to access;

• disable, remove, defeat, or avoid any security device or system, including, without limitation, any password and login functionality used to authenticate users;

• attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

• copy, download, redistribute, reproduce, “rip”, record, transfer, display to the public, broadcast, or make available to the public or another vendor or third party any part of the Service, or otherwise make any use of the Service not expressly permitted under these Terms, any Additional Terms, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Service or any part of it;

• develop or use any third-party applications that interact with the Service without Our prior written consent, including any scripts designed to scrape or extract data from the Service; or

• violate any laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction.

Any violations of system or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges, including but not limited to charges under the Computer Fraud and Abuse Act (18 U.S.C. §1030). Haute Vintage may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Site if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.

9. NO OFFERS OR RELIANCE

The information on this website is provided for informational purposes only. While Haute Vintage uses reasonable efforts to obtain information from reliable sources, Haute Vintage makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on the Site obtained outside of Haute Vintage. Haute Vintage undertakes no obligation to update publicly or revise any information on the Site, whether as a result of new information, future developments or otherwise. Opinions and any other Contents on the Site are subject to change without notice.

10. DISCLAIMER OF WARRANTIES

YOUR ACCESS TO, AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” 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. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE OR OBTAINED FROM A LINKED SITE OR THIRD-PARTY MATERIALS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

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REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.

11. LIMITATION OF LIABILITY

HAUTE VINTAGE PARTIES (AS DEFINED BELOW) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND WHETHER HAUTE VINTAGE PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, 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.

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EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF HAUTE VINTAGE PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) ONE THOUSAND US DOLLARS ($1,000.00), OR (B) THE AMOUNT WE HAVE ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY THROUGH THE SERVICE IN THE TWELVE MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

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THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR: (i) DAMAGE ARISING FROM AN INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF DUTY BY HAUTE VINTAGE OR A LEGAL REPRESENTATIVE OF HAUTE VINTAGE; OR (ii) ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE HAUTE VINTAGE (AND ITS AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Any Content downloaded or otherwise obtained through the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content. The foregoing limitation of liability will apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Haute Vintage has been advised of or should have knowledge of the possibility of such damages.

12. INDEMNITY

To the fullest extent permitted by applicable law, You will indemnify, defend (at Our option) and hold harmless Haute Vintage and Our affiliates, officers, directors, employees, agents, third-party providers, licensors, partners and successors and assigns (individually and collectively, the “Haute Vintage Parties”) from and against any and all fines, penalties, liabilities, losses, governmental inquiries, investigations, and proceedings and other damages, costs and expenses of any kind whatsoever (including reasonable attorneys’ and experts’ fees) incurred in connection with any third-party claim, demand, cause of action, suit, investigation, arbitration, or other proceeding (collectively, “Claims”) directly or indirectly arising out of:

(a) Your access to or use of the Service including any data or content transmitted or received by you, or any third-party materials;

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(b) Your actual or alleged breach of these Terms or any Additional Terms, including without limitation your breach of any of the representations and warranties set forth herein;

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(c) Your violation of any third-party right, including without limitation any right of privacy, publicity or intellectual property;

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(d) Your Postings and Haute Vintage Parties’ use of any information that You submit to Us, including, without limitation, any misleading, false, or inaccurate information you submit or otherwise provide;

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(e) Your acts, omissions, any fraud, misrepresentation, manipulation, intentional misconduct, gross negligence or other violation of any applicable laws in connection with Your use of the Service or Your activities in connection with the Service, including, without limitation, any shill bidding;

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(f) any other party’s access and use of the Service with Your unique username, password or security code and any failure by You to properly secure Your password and security codes; and/or

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(g) Your Items, including without limitation any product liability claims, warranty or quality disputes, claims for damage to person or property, including death, or otherwise arising out of or relating in any way to the Items purchased or sold by You through the Services, including, but not limited to, in the case of Items, the shipment from, and/or handling and/or moving of such Items on, the Haute Vintage premises, except to the extent such losses are caused by the gross negligence or willful misconduct of Haute Vintage.

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Haute Vintage Parties may take control of the defense or settlement of any Claim and You will cooperate with Haute Vintage Parties in defending such Claims. In any event, You will not settle any Claim without Our prior written approval. For the avoidance of doubt, if You are a Company (or representing a Company), Your obligations hereunder will extend to indemnification based on the acts and omissions of Your employees, consultants and agents.

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If You are a California resident, You expressly waive any rights You may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

13. FORCE MAJEURE

We will be excused from performance under these Terms to the extent We are 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 (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (c) quarantines, epidemics, pandemics, (d) embargoes or labor strikes, or (e) other causes beyond Our reasonable control. In the event that We are temporarily unable to ship to You a purchased item because of such an event, We will give You the option of deferring shipment or receiving a refund of Your charges if and as applicable in accordance with Our then-current policies.

14. LEGAL DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER 

PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

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For all matters, disputes, or claims between You and Us arising from or related to this Agreement or Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including any dispute about the interpretation or application of this dispute resolution provision or the enforceability, revocability or validity of this arbitration provision or any portion of the arbitration provision (“Disputes”), will be resolved by the processes and procedures described in this Section, first amicably and then through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. EACH PARTY WAIVES ITS RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE RESOLVED IN COURT.

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Amicable Resolution

In the event of a Dispute, You will negotiate in good faith with Us to informally resolve the Dispute. You may notify Us of a Dispute by emailing Us at info@hautevintage.com or by writing a letter to Haute Vintage LLC, P.O. Box 312, Wharton, NJ 07885. The notice must specifically describe the nature of the Dispute and the relief You seek. The parties will have sixty (60) days from the date of receipt of such a notice to try to resolve the Dispute (or such longer period as the parties may agree in writing). If the Dispute is not resolved satisfactorily within sixty (60) days after either party receives notice from the other party in accordance with “Notices” below, either You or We can submit the Dispute to binding arbitration in accordance with the arbitration provisions below.

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Binding Arbitration

Except for any consumer controversy or claim properly filed and pursued in small claims court on an individual basis (as explained in “Small Claims Court Option” below), any Dispute that remains unresolved after an attempt to resolve it informally will be resolved by binding arbitration brought on an individual basis, in which case either You or We may commence confidential binding arbitration under the terms in this Section. The arbitration will be administered by the American Arbitration Association (AAA) under the following rules: (i) if You entered into these Terms individually, its Consumer Arbitration Rules (available online at www.adr.org or by calling 1-800-778-7879), as amended by these Terms, and (ii) if You entered into these Terms as a Company or as a representative of a Company, by its Commercial Arbitration Rules. The place of arbitration will be held exclusively in Morris County, New Jersey. The arbitration will be conducted by a single arbitrator, selected by the AAA, in accordance with the applicable Consumer Arbitration Rules or Commercial Arbitration Rules. The arbitration may be held by teleconference or videoconference unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel, the expense and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the arbitrator. The arbitrator’s decision(s) will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.

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Nothing in this paragraph shall be deemed as preventing Haute Vintage from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation or violation of our data security, intellectual property rights or other proprietary rights.

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Small Claims Court Option for Consumer Individuals

If You entered into these Terms individually, You have the choice to submit any Dispute before a small claims court, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration.

15. LITIGATION AND CLASS ACTION WAIVER

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, CLASS ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER WILL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR APPOINTED BY THE AAA, PURSUANT TO THE APPLICABLE ARBITRATION RULES, AS DETAILED IN THIS SECTION.

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Injunctive Relief

Notwithstanding any of the foregoing, (i) You or We may seek and obtain temporary injunctive relief in any court of competent jurisdiction, and seeking such measures will not be deemed incompatible with the arbitration provision in this Section or a waiver of the right to arbitrate; and (ii) if You are subject to a version of the Terms with Us that contains a different arbitration provision, then the terms of such other arbitration provision will govern disputes arising out of or related to the Terms or any aspect of the relationship between You and Us, rather than the terms of this Section 14.

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Severability

Should any portion of this Section be deemed unenforceable by the arbitrator or a court of competent jurisdiction, the unenforceable portion will be severed without affecting the remainder of this Section, which will remain in full force and effect. If the severance of any portion of this Section results in any claims proceeding on a class or representative basis, those claims will be litigated in court and not in arbitration; the parties agree to stay any litigation of those claims pending the outcome of any individual claims in arbitration.

16. GOVERNING LAW AND VENUE

These Terms (and any Additional Terms) and Your access to and use of the Service will be governed by and construed and enforced exclusively in accordance with the laws of the State of New Jersey, without regard to conflict of law rules or principles (whether of New Jersey or any other jurisdiction). Any dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of New Jersey and the United States, respectively, sitting in Morris County, New Jesey. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to these Terms, the Service, or the listing, marketing, offer or sale of property through the Service. For European Union (“EU”)-based consumers this choice of law provision applies to the extent that no mandatory consumer protection rules laid down in the EU or national EU member state laws provide for greater consumer protection, in which case, such other laws will apply.

17. ELECTRONIC COMMUNICATIONS

Express Consent

When You create an Account with Us and provide Your email address and/or mobile phone number and/or when You communicate with Us electronically, such as via email or through the Service, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US AND OUR AFFILIATES.

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These communications may include notices about Your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your Account, and other transactional information), advertisements, and Your relationship with Us. You represent that You are the Account holder for the mobile telephone number(s) that You provide. If You change Your mobile telephone number(s), you will notify Us immediately by updating Your number in My Account. Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to You electronically and/or in these Terms satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

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Messages You May Receive From Us And Opting Out

We and Our service providers may use automated or manual means to deliver text messages to You if you have a U.S. phone number. Text messages may include information about orders, Your Account, or marketing messages related to Our goods and Services (“Marketing Communications”).

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You may opt out of these communications at any time. Consent to receive marketing text messages and other electronic communications is not required to purchase any goods or Services. To opt out of receiving text messages regarding your orders and items you’re selling, you may reply to any text with the message “STOP”. To opt out of receiving marketing text message, you may reply to such text messages with “STOP”. You may opt out of any or all text messages, calls, emails, push notifications, and/or other electronic communications via your Account or you may contact Us at info@hautevintage.com. You may turn off our push notifications in your phone or computer settings. If you do not have a mobile telephone service rate plan with unlimited text messaging, text message and data rates may apply to each text message you or we send or receive. Please contact Your mobile telephone carrier regarding applicable charges including any applicable roaming charges. We do not impose a separate fee for sending Our text messages.

18. PAYMENT AND BILLING

We may make available the ability to purchase or otherwise obtain certain products or services through the Service (each, a “Transaction”). In order to complete a Transaction, You may be asked to supply certain relevant information, such as Your credit card number and its expiration date (or other acceptable payment method that We make available to You from time to time), Your billing address and Your shipping information. In the event that the amount of a Transaction exceeds the total credit or funds available for purchase in Your payment account, You may be subject to overdraft or non- sufficient funds charges by the bank issuing Your payment method. We are not responsible for these charges and are unable to assist You in recovering them from Your issuing bank.

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Payment processing services may be provided by a number of third-party payment processors. By agreeing to these terms or continuing to use the Services, You agree to be bound by the applicable terms of service for each of those providers, as the same may be modified from time to time. As a condition of Us enabling payment processing services through these payment processors, You agree to provide Us accurate and complete information about You and your business, and you authorize Us to share it and transaction information related to Your use of the payment processing services provided by such payment provider.

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By providing a credit card or other acceptable payment method, You represent and warrant that You are authorized to use the designated payment method and that You authorize Us (or Our third-party payment processor) to charge Your payment method for the total amount of Your Transaction (including any applicable taxes and other charges). Verification of information may be required prior to the acknowledgment or completion of any Transaction. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, We will notify You of the issue, and if We are unable to resolve the issue, Your order may be suspended or terminated. If You want to change or update payment information associated with Your Account, You can do so at any time by logging into Your Account and editing Your payment information.

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By initiating and completing a Transaction, You represent that the applicable products or services will be used only in a lawful manner.

19. THIRD-PARTY MATERIALS AND LINKED SITES

The Service may display, include, or make available Content, data, information, applications, plugins, products, services, listings, descriptions and images of goods or services, resources or materials from third parties or provide links to certain third-party websites or applications (collectively, “Third-Party Materials”). Any activities in which You engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of such Third-Party Materials, Third-Party Materials are provided solely as a convenience to You. You will not use any Third-Party Materials in a manner that would infringe or violate the rights of any other party.

20. CHANGES TO TERMS OF SERVICE

Haute Vintage reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms of Service, in whole or in part, at any time, and We will post the revised version to this site. Changes to the Terms of Service will be effective when posted. Your continued use of the Services after any changes to the Terms of Service are posted will confirm that You have read, understand, and accept those changes. Further, the policies applicable to Our Services may be changed from time to time and changes take effect when We post the revised policies.

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If We make a change to Our Privacy Policy, We will follow the process described in Our Privacy Policy. If You have any questions or comments about these Terms or the Service, please contact Us by email at info@hautevintage.com. You also may write to Us at: Haute Vintage LLC, P.O. Box 312, Wharton, NJ 07885, USA.

21. COPYRIGHT COMPLAINTS

Copyright Notices

We respect the intellectual property rights of others, and You must do the same when using the Service. We may, in appropriate circumstances and at Our discretion, disable and/or terminate the Accounts of Users who infringe or are believed to be infringing the intellectual property rights of third parties. If You believe that a Posting or Content on the Service infringes any copyright that You own or control, please send a notice of alleged copyright infringement (a “Copyright Notice”) to Our designated copyright agent (“Designated Agent”) with all of the following information:

• a legend or subject line that says: “Copyright Notice”;

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

• a description of the copyrighted work that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• a description of where the material that You claim is infringing is located on the Service (please be as detailed as possible and provide the URL on which the material appears);

• Your full name, 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; and

• a statement by You, made under penalty of perjury, that the above information in Your Copyright Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
   

The Copyright Notice must be sent to Us via physical mail or email at the following addresses:

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Haute Vintage LLC

P.O. Box 312

Wharton, NJ 07885

Email Address: info@hautevintage.com

Under federal law, if You knowingly misrepresent that any activity or material (including Content or Postings) on the Service is infringing, You may be liable to Us for certain costs and damages.

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If We are notified by a copyright holder that any Content or Posting infringes a copyright, We may in Our sole discretion remove such Content or Posting from the Service, or take other steps that We deem appropriate, without prior notification to the User or other party who supplied or posted that Content or Posting. If such User or other party believes that the Content or Posting is not infringing, that User may in certain circumstances submit a counter-notification to Us with a request to restore the removed Content or Posting, which We may or may not honor, in Our sole discretion.

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Counter-Notifications

If access to Your Postings through the Service is disabled or Your Posting is removed from the Service as a result of a Copyright Notice, and You believe that the disabled access or removal is the result of mistake or misidentification, then You may send a “Copyright Counter-Notification” to Our Designated Agent (as listed in above). The Copyright Counter-Notification must contain the following information:

• a legend or subject line that says: “Copyright Counter-Notification”;

• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);

• a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

• Your full name, address, telephone number, e-mail address, and the username of Your Account;

• a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Northern District of California), and that You will accept service of process from the person who provided copyright notification to Us or an agent of such person; and Your electronic or physical signature.

Please note that if You knowingly misrepresent that any activity or material (including any Postings) on the Service was removed or disabled by mistake or misidentification, You may be liable to Us for certain costs and damages.

22. MODIFICATION OR TERMINATION OF SERVICE

We reserve the right, without notice and in Our sole discretion, to modify, suspend or cease making the Service (or any function, feature or portion thereof) or the Content (or any portion thereof) available at any time, for any reason without any obligation or liability to You. Haute Vintage specifically reserves the right to limit services to You, including your ability to return purchases, if you engage in return abuse behavior as defined in our Returns Policy outlined herein. Likewise, We reserve the right, without notice and in Our sole discretion, to suspend or terminate Your right to access or use the Service (or any portion thereof) for engaging in abusive behavior or any kind. We are not responsible for any loss or harm related to Your inability to access or use the Service (or any portion thereof).

23. RETURN POLICY – ALL SALES FINAL (THE “RETURN POLICY”)

ONCE YOU HAVE AGREED ON THE FINAL OFFER TO PURCHASE, THE TRANSACTION IS COMPLETE. ALL SALES ARE FINAL. NO REFUNDS, RETURNS, CANCELLATIONS, OR CREDITS ARE PERMITTED.

In rare instances, at our sole discretion, we may make exceptions to this policy in order to best support our customers. Any such exception will be considered on a case-by-case basis and does not constitute a change in our general policy or a guarantee of future accommodation.

24. SALES TAX

Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is Your responsibility to ascertain and pay all taxes due. If You are claiming exemption from sales tax, You must have the appropriate documentation on file with Us prior to the release of the property.

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We display an “Estimated Tax” to be collected at check out when confirming an order. The amounts displayed as estimated tax may then be updated later when Your order is finalized and completed.

25. PACKING AND SHIPPING

You are responsible for all shipping costs and fees. We will, at Your expense, either provide packing, handling, insurance and shipping services or coordinate with shipping agents instructed by You in order to facilitate such services for property purchased from Us. Any such instruction, whether or not made at Our recommendation, is entirely at Your risk and responsibility and We will not be liable for acts or omissions of third-party packers or shippers.  

26. MISCELLANEOUS

California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

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Notices to You. We may provide any notice to You under these Terms of Service by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Services. Notices sent by e-mail will be effective when We send the e-mail and notices we provide by posting will be effective upon posting. It is Your responsibility to keep Your e-mail address current and keep Us informed of any changes in Your email or mailing address so that You continue to receive all communications without interruption. You hereby (x) consent to receive all communications from Us in an electronic form; and (y) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and Our agreement to do so, applies to all of Your interactions and transactions with us. The foregoing does not affect Your non-waivable rights. Please see our Privacy Policy for additional information relating to electronic communications.

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Notices to Us. To give Us notice under these Terms of Service, You must contact Us as follows: Haute Vintage Attn: Legal, P.O. Box 312, Wharton, NJ 07885. We may update the contact information for notices to Us by posting a notice on the Services or amending these Terms of Service. Notices will be effective when received by Haute Vintage.

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Independent Contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

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No Waiver. Any requested waiver of any provision of the Terms of Service by You must be made in writing and signed by an authorized representative of Haute Vintage specifically referencing the Terms of Service and the provision to be waived. The failure by Us to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision.

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Cumulative Remedies. All rights and remedies provided to Haute Vintage are cumulative and not exclusive, and the exercise by Haute Vintage of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise.

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Severability. If any term or provision of these Terms of Service is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these Terms of Service to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

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Survival. Any provision of these Terms that imposes or contemplates continuing obligations on You or Us will survive the expiration or termination of these Terms.

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Accessing Service. You are responsible for obtaining access to the Service, 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 Service.

Promotions. From time to time, We may offer special promotional offers which may or may not apply to Your Account.

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Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.

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Failure to Enforce. Any failure by You or Us to enforce any provision of these Terms will not constitute a waiver of such provision or of any other provision of these Terms.

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Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms or any Additional Terms, there will be no third-party beneficiaries to these Terms or any Additional Terms.

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Assignment. You will not assign any of Your rights or delegate any of Your obligations under these Terms of Service without Our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves You of any of Your obligations under these Terms of Service. Haute Vintage may assign or transfer these Terms of Service and/or its rights and/or obligations hereunder.

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These Terms will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns.

27. ENTIRE AGREEMENT

These Terms of Service, Our Privacy Policy, and any Additional Agreement constitute the entire agreement between You and Us and govern Your use of the Service, superseding any prior agreements between You and Us with respect to the Service.

28. TRADEMARKS

The names “Haute Vintage” and “HV” and other Haute Vintage marks, logos, designs, and phrases that We use in connection with the Services are trademarks, service marks, or trade dress of Haute Vintage in the U.S. and other countries. They may not be used without the express written prior permission of Haute Vintage.

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