Terms & Conditions
Real Deal Consignment Terms and Conditions
By establishing membership on the Real Deal Consignment Sites, or purchasing or using products or services through the Real Deal Consignment Sites, you acknowledge and agree as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Real Deal Consignment, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You shall establish and use your membership on the Real Deal Consignment Sites, and purchase and use the products and services available through the Real Deal Consignment Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Real Deal Consignment may be recorded.
You consent to any personal information we may obtain about you (either via the Real Deal Consignment Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of our Privacy Notice. Real Deal Consignment may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.
REAL DEAL CONSIGNMENT MEMBERSHIP
Establishing a Membership
You may establish membership on the Real Deal Consignment Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Real Deal Consignment’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We cannot guarantee that implementing such measures will ensure the security of the account or your information.
Use of Membership
You shall not use your Real Deal Consignment membership for any purpose competitive to Real Deal Consignment. You will notify Real Deal Consignment immediately by emailing email@example.com of any unauthorized use of your Real Deal Consignment membership or the Real Deal Consignment Sites known to you, whether by you or a third party.
Real Deal Consignment may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Real Deal Consignment deems appropriate in its sole discretion. Real Deal Consignment also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Real Deal Consignment will either not charge you or refund the charges for orders that we do not process or cancel.
Real Deal Consignment accepts returns on certain merchandise on a case-by-case basis. For Real Deal Consignment‘s Return Policy, which may change from time to time, please check out our return policy on our website.
Product and Service Descriptions
Real Deal Consignment attempts to provide accurate descriptions of products and services on the Real Deal Consignment Sites. Real Deal Consignment does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the Real Deal Consignment Sites is not as described, your sole remedy is to return the item, as specified under our return exchange policy.
Real Deal Consignment strives to provide accurate pricing information regarding the products and services available on the Real Deal Consignment Sites. We cannot, however, insure against pricing errors. Real Deal Consignment reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Real Deal Consignment will notify you by email. In addition, Real Deal Consignment reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Product and Service Availability
The Real Deal Consignment Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Real Deal Consignment cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Real Deal Consignment attempts to process the order. Should this happen, Real Deal Consignment will notify you by email. Service offerings that are out-of-stock generally are no longer available. If Real Deal Consignment determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. Real Deal Consignment will notify you by email and delete the item from the Real Deal Consignment Sites.
Shipping and Tax
Check our website for our policy regarding shipping and tax, which may change from time to time. See our Shipping Info here ‘Shipping.’
Trademarks, Photos and Logos
The trademarks, photos, logos and service marks (“Marks”) displayed on the Site are the property of The Real Deal Consignment. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of The Real Deal Consignment or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
Gift Cards may be purchased on our website. Gift Cards and their use, including provisions regarding loss, are subject to the Gift Card Terms and Conditions. If you need assistance with respect to a Gift Card, please call Customer Service at (866) 406-4882 or email firstname.lastname@example.org.
Under no circumstances will the Real Deal Consignment be liable for any loss or damage caused by the user’s reliance on information obtained through the site or a link from another site, or user’s reliance on any product or service obtained from a linked site. We do our best to described products to the best of our knowledge and believe are products we sell are authentic. If in fact they are proven to not be authentic, you agree to indemnify, hold harmless, and defend The Real Deal Consignment, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “RLL Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party.
You acknowledge and agree that Real Deal Consignment may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Real Deal Consignment membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.realdealconsignment.com, it is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your Real Deal Consignment membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
December 1, 2012