Terms & Conditions

Sales Agreement / Conditions of Sale:

1. NATURE OF GOODS AND AS-IS CONDITION

1.1 As-Is Sale
Buyer acknowledges and agrees that all merchandise is sold “AS IS,” “WHERE IS,” AND WITH ALL FAULTS.” No representations or warranties, express or implied, are made by Seller, including, without limitation, warranties of merchantability, fitness for a particular purpose, condition, origin, completeness, or authenticity.

1.2 Item Condition Disclosure
Merchandise may include expired, defective, damaged, returned, salvaged, incomplete, or missing items. Items may be in various states of disrepair and may lack manuals, accessories, or packaging.

1.3 Visual Representations & Descriptions
Photographs, stock images, manifests, or descriptions are illustrative and for reference only. The actual contents may vary. Buyer assumes all risk regarding the contents and condition of the goods received.

1.4 No Refund or Exchange Policy
Buyer acknowledges and agrees that all sales are final and non-refundable. Seller does not accept returns, exchanges, credits, or partial refunds for any reason.

 
2. BUYER REPRESENTATIONS AND WARRANTIES

2.1 Business Use Certification
Buyer certifies that merchandise is being purchased solely for resale or other business purposes and not for personal or consumer use.

2.2 Licensing & Legal Compliance
Buyer is solely responsible for obtaining and maintaining all applicable state, federal, and local licenses, permits, and approvals required to purchase and resell goods. Buyer shall comply with all applicable laws, regulations, and ordinances.

2.3 Independent Evaluation
Buyer represents that they possess sufficient knowledge and resources to evaluate and assume the risks associated with purchasing liquidation goods.

2.4 Non-Disparagement & Public Statements
Buyer agrees not to publish or communicate any disparaging, misleading, or defamatory comments, statements, or representations about Seller, whether publicly or privately.

 
3. DISCLAIMERS AND WAIVER OF LIABILITY

3.1 Disclaimers
Seller disclaims all warranties, guarantees, or assurances regarding product quantity, condition, composition, brand, or value (including MSRP).

3.2 Liability Cap
Seller’s total cumulative liability for any claim arising out of or relating to this Agreement shall not exceed the purchase price paid by Buyer for the applicable order.

3.3 Consequential Damages Waiver
Under no circumstances shall Seller be liable for lost profits, lost business opportunities, incidental, indirect, special, punitive, or consequential damages.

 
4. PAYMENT, CHARGE BACKS, AND FINANCING

4.1 Payment Finality
All sales are final and non-reversible. Buyer expressly waives all rights to initiate chargebacks, payment reversals, or disputes with any payment or financing provider.

4.2 Financed Purchases
If Buyer elects to finance purchases via third parties (e.g., Klarna, Affirm), Seller shall not be liable for any claims or disputes related thereto. Buyer remains responsible for full payment.

4.3 Chargeback Penalty
Any chargeback initiated by Buyer without prior written agreement constitutes a breach of contract and authorizes Seller to pursue immediate legal remedies, including legal fees and penalties.

 
5. SHIPPING, FREIGHT, AND RISK OF LOSS

5.1 Title & Risk Transfer
Risk of loss and title transfer to Buyer upon Seller's tender of goods to carrier or Buyer’s agent. Delivery delays or losses post-shipment are Buyer’s responsibility.

5.2 Freight & Fees
Freight costs are non-binding estimates. Buyer agrees to pay all actual carrier charges, including re-delivery, detention, layover, or storage fees.

5.3 Inspection & Claims
Buyer shall inspect all deliveries promptly. Any discrepancies must be reported within seventy-two (72) hours of delivery, along with photographic documentation and a detailed written claim.

5.4 Delivery Refusal
Buyer is responsible for all costs related to refused deliveries, including return freight, storage, and reshipment charges.

5.5 Insurance Disclaimer
Seller does not insure shipments. Buyer assumes all risk during transit and is advised to obtain third-party insurance as needed.

 
6. ORDER DISCREPANCIES AND CLAIM PROCEDURE

6.1 If Buyer suspects an incorrect shipment, they must notify Seller in writing within seventy-two (72) hours of delivery by sending an email to lindatu1978@gmail.com. The notice must include the order number, photographs of the entire shipment, and a summary of the issue.

6.2 The submission of a claim shall not constitute an admission of fault by Seller and shall be evaluated solely at Seller’s discretion. Buyers bear the burden of timely notice and complete documentation.

 
7. USE OF TRADE NAMES

7.1 Buyer shall refrain from using the names, logos, or trademarks of any department store or retail brand in any advertising, marketing, or resale activity.

 
8. INTELLECTUAL PROPERTY USE

8.1 Use of Brand Names
Buyer shall not use or imply the name, trademarks, or logos of any brand, retailer, or manufacturer in advertising, listings, packaging, or marketing without legal authorization.

8.2 Proprietary Marks
All proprietary marks, trade names, and logos of Seller or any third party shall remain the exclusive property of their respective owners.

 
9. PROHIBITED CONDUCT AND USE RESTRICTIONS

9.1 Prohibited Behavior
Buyer agrees not to engage in fraudulent activity, data scraping, shill bidding, impersonation, or any actions that disrupt Seller operations.

9.2 Reservation of Rights
Seller may refuse, cancel, or limit any order, revoke access to services, or take legal action at its sole discretion and without liability.

 
10. RESERVATION OF RIGHTS

10.1 Seller reserves the right to refuse or cancel any order at any time, limit quantities, withdraw products from sale, or refuse service at its sole discretion without liability.

 
11. COMPLIANCE WITH LAWS

11.1 Buyer agrees to comply with all applicable laws and regulations in relation to their purchase and resale activities, including but not limited to consumer protection, import/export, and tax laws.

 
12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

12.2 Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Denton County, Texas, and the parties waive any objections to such venue or jurisdiction.

12.3 In the event of a dispute, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses incurred in enforcement of this Agreement.

 
13. CLASS ACTION WAIVER

13.1 Buyer agrees that all claims shall be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

 
14. ENTIRE AGREEMENT

14.1 Entire Agreement
This Agreement constitutes the full understanding between the Parties and supersedes any prior oral or written communications.

14.2 Amendments
No amendment shall be effective unless in writing and signed by authorized representatives of both Parties.

 

By reading this Sales Agreement, you understand and agree to the Conditions of Sale.