This Agreement is effective on January 4, 2018 for current users and as of the first use of the Website or Services by new users. This Agreement is between you (the "user" or "you") and The House Of Bazaar. Any user who is found to be in violation of the following Agreement and any other policies posted on the Website may be banned, at the sole discretion of The House Of Bazaar, from using the Website or any Services.
If you have any questions, please refer to the Help & FAQs section on our Website.
We may change the terms of this Agreement from time to time, with or without notice to you and at our sole discretion, and your continued use of the Website or any Services after such changes to this Agreement have been posted constitutes acceptance of ALL SUCH changes. It is your responsibility to REGULARLY review this Agreement when using the Website or our Services.
The House Of Bazaar reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. The House Of Bazaar reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If The House Of Bazaar makes a material change, then The House Of Bazaar will notify you here by posting updates to this Agreement or by means The House Of Bazaar deems appropriate. What constitutes a "material change" will be determined at The House Of Bazaar’s sole discretion, in good faith, and using common sense and reasonable judgment.
The House Of Bazaar is an online marketplace that allows users who comply with The House Of Bazaar’s policies to offer, sell, and buy certain goods within a fixed-price format. The House Of Bazaar is not directly involved in the transaction between buyers and sellers, unless you purchase from one of the in-house accounts managed by The House Of Bazaar. Our in-house accounts include Penny Lane, Strawberry Fields, Abbey R, Lady Madonna, and Jaclyn’s Closet. Outside of these in-house accounts, The House Of Bazaar has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items. Except as stated in Listing and Selling (see Section 4), The House Of Bazaar does not pre-screen users or the content or information provided by users. The House Of Bazaar cannot ensure that a buyer or seller will actually complete a transaction.
Legal ownership of items purchased on The House Of Bazaar is transferred by the seller to the buyer after a sale is completed. The House Of Bazaar does not transfer nor is it involved in the transfer of legal ownership of items from the seller to the buyer, except for items being sold from The House Of Bazaar in-house accounts.
The House Of Bazaar cannot guarantee the true identity, age, nationality, or other features disclosed in a user’s profile. The House Of Bazaar encourages you to communicate directly with potential transaction partners through the tools available on the Website or mobile application. You agree that The House Of Bazaar is a marketplace and as such is not responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on The House Of Bazaar. You use our Services at your own risk.
The House Of Bazaar may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Our Services are only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using our Services, registering with our Website, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old, (b) you are located and reside in the United States, Canada, or Australia; (c) all registration information you submit is accurate and truthful; and (d) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to the Agreement.
Additionally, our Services are not targeted towards, nor intended for use by, individuals under the age of 13. While listings on The House Of Bazaar’s Website may contain products for children, The House Of Bazaar sells only to adults, who can make purchases with a credit card or other permitted payment method. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Website unless you are at least 18 years of age.
Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the User and is responsible for any and all activities of any minors. IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO A MINOR’S REGISTRATION WITH AND USE OF THE SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.
You agree to comply with all laws including all laws applicable in the jurisdiction from which you are accessing the Website or any Services regarding acceptable content and online conduct. You are responsible for all applicable taxes. In addition, you must abide by our policies as stated in the Agreement and other policy documents available via hyperlink in this Agreement (as applicable to your activities on or use of the Services) as well as all other operating rules, policies, and procedures that may be published from time to time on our Website, each of which is incorporated herein by reference and each of which may be updated by The House Of Bazaar from time to time without notice to you.
In addition, some Services offered by The House Of Bazaar may be subject to additional terms and conditions circulated by The House Of Bazaar from time to time; your use of these Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
You acknowledge and agree that you are fully responsible for all activity, liability, and damage resulting from your failure to securely maintain your The House Of Bazaar account information and password. You acknowledge and agree that you will protect your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through your account.
Your account information, particularly your email address and password, authenticates your identity as a The House Of Bazaar member, and The House Of Bazaar is entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to notify The House Of Bazaar of any unauthorized use of your password or any breach of security. You also agree that The House Of Bazaar cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your user login and password information in combination to any other party other than The House Of Bazaar without The House Of Bazaar’s explicit written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on The House Of Bazaar and withdraw funds from seller earnings, you must also provide and maintain valid payment information, such as valid credit card information or a valid PayPal account.
You may not transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use your The House Of Bazaar account. You are responsible for all activity of the user account and user ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Our Services are not available to temporarily or indefinitely suspended The House Of Bazaar users. The House Of Bazaar reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. The House Of Bazaar reserves the right to refuse service to anyone, for any reason, at any time.
Joining and setting up a new account on the Website and Services is free. However, The House Of Bazaar charges a seller a sales commission calculated as a percentage of the sale price of a completed transaction on the Website and Services. When you spend your earnings on The House Of Bazaar, the The House Of Bazaar commission is 17% (subject to minimum commission fee as noted below). If you choose to cash out your earnings via PayPal, a debit card, or a bank account, the The House Of Bazaar commission is 17%. We may temporarily change our fees or reduce fees for our Services for promotional events (for example, reduced seller commission days); such changes are effective when The House Of Bazaar posts the temporary promotional event on the Website or features the promotional event in our mobile application. Additionally, The House Of Bazaar may change some or all of our Services at any time, without notice and at our sole discretion, and any changes to our fees are effective upon the posting of such changes. The House Of Bazaar also reserves the right to cancel any promotion, discount, coupon, or similar incentive before its originally stated expiration date. In the event The House Of Bazaar introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
We can also check the authentication of your item with the fee of $25.
You are responsible for paying all fees and applicable taxes associated with using our Website and our Services in a timely manner with a valid payment method.
If The House Of Bazaar terminates a listing or your account, if you close your account, or if the payment of your The House Of Bazaar fees cannot be completed for any reason, you remain obligated to pay The House Of Bazaar for all unpaid fees plus any interest or other charges, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel or charging any payment method associated with your account). If you have a question or wish to dispute a charge, please email The House Of Bazaar at email@example.com.
You may list and sell new and gently used women's fashion and accessories (such as clothing, shoes, handbags, and jewelry) and wedding items on the Website or on our mobile applications. You may not list or sell designer replicas or derivatives, including but not limited to items that are counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, logo, trademark, or design is represented in or on the item.
By listing an item for sale on the Website or any Services, you warrant and represent that (a) you are in compliance with all aspects of this Agreement and applicable laws, including in respect of all items; (b) you have the legal right to sell the item and to post all of the descriptions, graphics, photos, images and any other content related to your listing of the item; (c) the description and depiction of the item, including but not limited to any damage, size or measurements, are complete, truthful, and accurate; (d) the item is listed in the appropriate category; (e) the item is not priced significantly over a reasonable market price; (f) a reasonable market price can be determined for custom made or non-branded items; and (g) the item does not have more wear and/or damage than can be defined as Gently Used, including but not limited to: significant wear, rips, tears, discoloration, odor or broken hardware or components. Your listings may only include text descriptions, graphics, photos, images, and other content relevant to the sale of that item. All items must be listed in an appropriate category with relevant tags. Each unique item must have its own listing. In addition, certain items may be prohibited or restricted; you also need to make sure the sale of your item complies with all laws. If your listing does not comply, it may be removed. Please note that at this time only users based in the United States are eligible to list or sell on the Website or any Services.
In addition, The House Of Bazaar reserves the right to designate certain items as Final Sale (including but not limited to clearance, wedding category, and non-women’s fashion items) where no returns are accepted for The House Of Bazaar Site Credit. The sale of any items outside of women’s fashion categories is prohibited (including but not limited to intimates, technology equipment and accessories, household goods, men’s and children’s clothing/shoes/accessories) and is not covered by our Return Policy.
All sales are binding. The seller is responsible for accurately listing their items, and the buyer is responsible for reading the item description before making a purchase. The seller is obligated to ship the order to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. The buyer is obligated to deliver the appropriate payment for items purchased, unless there is an exceptional circumstance. Our Cancellation Policy is available via the following link: http://thehouseofbazaar.com/help/article/220748827/how-can-i-cancel-my-purchase.
If you do not complete a sale or purchase, your account and all listings may be suspended and removed from the Website and any Services at The House Of Bazaar’s sole discretion. You may request your account and listings be reinstated, which The House Of Bazaar may do in its sole discretion.
The price stated in each item listing description must be an accurate representation of the sale price. Sellers may not alter the item’s price after a sale for the purpose of avoiding The House Of Bazaar transaction or commission fees, misrepresent the item’s location, or use another user’s account without permission.
Offers to buy or sell outside of the Website or Services are a potential fraud risk for both buyers and sellers and are not protected by the The House Of Bazaar Trust Promise, the Agreement, or other buyer/seller protection programs. Additionally, these offers may be an attempt to avoid The House Of Bazaar transaction fees. This is unfair to other sellers, violates the Agreement, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee or the The House Of Bazaar Secure Checkout process. You may not manipulate the price of any item or fees owed to The House Of Bazaar when using the Website or any Services.
When you sell an item on The House Of Bazaar (except for certain categories such as wedding items), the seller has the option to receive a The House Of Bazaar shipping kit with prepaid postage and pre-addressed to the buyer in order to mail the item sold to the buyer. Seller also has the option to handle shipping on her own by adding reasonable shipping and handling fees to the sale price in order to cover the costs for packaging and mailing the item sold to the buyer. The House Of Bazaar requires “Delivery with Signature Required” for any packages of items valued at $500 USD or more.
The House Of Bazaar has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
The House Of Bazaar has partnered with Stripe, PayPal, Affirm, and other licensed payment processors to facilitate credit card/ACH payments and the disbursement of funds to sellers. The provider and processing time for your payment may vary. If there are insufficient funds in your bank account or insufficient credit available when our provider processes the payment for your purchase or to recoup fees or balances due to The House Of Bazaar, The House Of Bazaar reserves the right to contact you directly to seek payment.
The House Of Bazaar may share your personal or transactional information with those third-party service providers when it's necessary to process payments.
Upon completing a sale, sellers will have access to the buyer’s full physical address. As a seller, you are strictly prohibited from using this personal information for anything other than completing the sale.
In order to cash out seller earnings, you are required to verify your identity. This verification helps The House Of Bazaar to maintain a safe place to buy and sell. At any time, The House Of Bazaar may require a seller to re-verify his or her identity. As part of this verification process, and as enforced by regulatory requirements relating to online payments, you will be required to provide the last four digits of your Social Security Number (SSN) or Employer Identification Number (EIN). This information is transmitted securely and will not be stored by The House Of Bazaar.
Paypal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. Apple Pay is a third-party service provided by Apple Inc. and is subject to the Apple Pay Terms and Conditions. Android Pay is a third-party service provided by Google Payment Corp. and is subject to the Android Pay Terms and Conditions.
If The House Of Bazaar receives notice that your listings or activity violates any third party service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, removing listings, or suspending your account.
When you return an item purchased on the Website or using our Services, The House Of Bazaar may relist and resell it on one of The House Of Bazaar’s in-house accounts, including Penny Lane, Strawberry Fields, Abbey R, Jaclyn’s Closet and Lady Madonna. In exchange for the right to resell on The House Of Bazaar’s in-house account items that the seller sells and the buyer returns to The House Of Bazaar, the seller will retain her/his earnings from the sale and the buyer will receive site credit for the item returned to The House Of Bazaar. During special promotions, some items from The House Of Bazaar's in-house accounts may be marked Final Sale or Non-returnable.
When an item purchased on the Website or using our Services is returned, it will be sent back to the Seller’s designated shipping address. However, if the shipping address listed in your account is outdated or incorrect, and you have not responded to The House Of Bazaar’s attempts to reach you via the email address listed in your account, the item will be deemed abandoned after thirty days and may be donated to a charity of The House Of Bazaar’s choice.
When purchasing an item, you agree that: (a) you are responsible for reading the full item listing before committing to purchase; (b) you enter into a legally binding contract with the seller to purchase his or her items when you commit to purchase the item; and (c) The House Of Bazaar is not a party to the contract and does not transfer legal ownership of the item from seller to you (unless you have purchased an item from one of The House Of Bazaar’s in-house accounts).
You may submit items (including images, artwork, text, graphics, logos, and similar items) in connection with the Website or Services (“User Submissions”).
The House Of Bazaar does not claim ownership rights of User Submissions. You grant The House Of Bazaar a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully paid-up license to use, reproduce, create derivative works of, excerpt, reformat, distribute, perform, and display the User Submission (in whole or part) and to incorporate the User Submission in other works in any form, media, or technology now known or later developed, including without limitation (a) on the Website (including a mobile version of the Website); (b) on any application designed or developed to allow others to view your User Submission; (c) in materials created to promote the Website or any Services and their contents, and (d) in connection with online and offline events conducted in connection with the Website or Services.
You represent and warrant that the User Submission (a) is your own original work and you own all rights in the User Submission or that you have all rights in the User Submission necessary to grant the license to the User Submission contained in this Agreement; (b) will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights; (c) does not violate any law or regulation; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or Services or collect user data from users of the Website or Services.
By posting User Submissions on The House Of Bazaar, it is possible for an outside website or a third party to re-post your User Submissions. You agree to hold The House Of Bazaar harmless for any dispute concerning this use. If you choose to display your own The House Of Bazaar-hosted image on another website, the image must provide a link back to its listing page on The House Of Bazaar.
The House Of Bazaar considers any unsolicited ideas, suggestions, proposals, feedback, or any other materials submitted to the Company via the Website or Services to be non-confidential and non-proprietary. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, business models or plans, or other information about the Website or Services (“Ideas & Feedback”) provided by you to The House Of Bazaar are non-confidential. Any communication by you to The House Of Bazaar is subject to this Agreement, and The House Of Bazaar shall be entitled to the unrestricted use and dissemination of the Ideas & Feedback for any purpose without acknowledgment or compensation to you. The House Of Bazaar shall not be liable for the disclosure or use of any Ideas & Feedback. You acknowledge and hereby grant to The House Of Bazaar, under all of your rights in the Ideas & Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, modify, publish, display and exploit such Ideas & Feedback for any purpose The House Of Bazaar chooses, commercial or otherwise, including but not limited to incorporating it in future products or new services, documentation, or any other method, without notice or compensation to you and without further recourse by you.
You are solely responsible for your conduct and activities on the Website and interactions with The House Of Bazaar or The House Of Bazaar’s Services, and all User Submissions that you submit, post, and display on Website or Services.
Without notice, The House Of Bazaar reserves the right to remove, block access to, or otherwise make unavailable any User Submission or other content that is (a) in violation of the Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the The House Of Bazaar community, as determined by The House Of Bazaar in its sole discretion. Further, we may block users that repeatedly violate the Agreement or engage in other behavior necessitating a removal of a User Submission.
User Submissions and your use of The House Of Bazaar shall not:
In the event of a replica or misrepresented listing, The House Of Bazaar will pull funds from the seller if the seller has already cashed out seller earnings from that sale. The House Of Bazaar reserves the right to designate certain items as Final Sale or Non-Returnable. Furthermore, you may not list any item on The House Of Bazaar (or consummate any transaction that was initiated using our Services) that could cause The House Of Bazaar to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement.
As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, or adjustments, relating to the cumulative value of all transactions or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller nor a buyer if we do not proceed with a transaction or adjustment that would exceed any limit established by us, or if we cancel a transaction due to unverified buyer or seller information.
The House Of Bazaar does not control the User Submissions provided by users that are made available on the Website and Services. You may find some User Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
By using the Website and Services, you agree to accept such risks and that The House Of Bazaar (and The House Of Bazaar’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on The House Of Bazaar. Please use caution, common sense, and practice safe buying and selling when using The House Of Bazaar.
The House Of Bazaar is not responsible for the availability of outside websites or resources linked to or referenced on the Website or Services. The House Of Bazaar does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The House Of Bazaar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
You may cancel your account at any time by contacting our Member Care team via email at firstname.lastname@example.org. As per Section 3 on Fees, you are responsible for paying any fees owed to The House Of Bazaar upon termination of your account.
The House Of Bazaar may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if The House Of Bazaar suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any The House Of Bazaar policy; (c) your activities on or in relation to the Website or Services may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or User Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to The House Of Bazaar’s users or to The House Of Bazaar; (g) you have submitted an unreasonable amount of return requests; or (h) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning The House Of Bazaar’s community of a user’s actions, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a user off the Website and refusing to provide Services to a user. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional The House Of Bazaar policy, may be referred to appropriate law enforcement authorities or other third parties.
The House Of Bazaar reserves the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the Website or Services.
All content on the Website and Services is owned by or licensed to The House Of Bazaar. Subject to the Agreement, The House Of Bazaar grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and Service and to make a reasonable number of copies of the content on the Website and services solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to The House Of Bazaar and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website or Services, and all such content is provided on an AS IS basis.
The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by The House Of Bazaar and/or its affiliates or their third party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The House Of Bazaar’s Trademarks displayed on the Service, without our prior written permission in each instance. The House Of Bazaar’s intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of The House Of Bazaar intellectual property will inure to our exclusive benefit.
The House Of Bazaar respects the legal rights of others and complies with the Digital Millennium Copyright Act and equivalent laws in the jurisdictions in which the Website and Services are available. It expects you to do the same. If you believe another user has violated the Agreement or your intellectual property rights, please complete the following procedure.
Verified Rights Owners Program (VRO): To enforce the intellectual property rights of owners, The House Of Bazaar engages in a Verified Rights Owners program that allows owners to request The House Of Bazaar to remove certain listings that offer items or contain images or other materials that infringe on their intellectual property rights. These rights can include trademark, copyright, and/or other legal rights. For example, a Verified Rights Owner may ask The House Of Bazaar to remove an item being sold that uses the rights owner's registered trademark (such as a logo on a designer handbag) if the item is not an authentic product of the rights owner. This VRO program helps protect The House Of Bazaar members from buying or selling items that may be replica or otherwise unauthorized under state and/or federal laws. Before a listing is removed, a Verified Rights Owner must provide to The House Of Bazaar information that ensures that the person or company reporting the item is authorized to do so. If a Verified Rights Owner believes a listing violates their intellectual property rights, please provide The House Of Bazaar with a written notice containing (where applicable) the following information:
Written notice should be delivered to The House Of Bazaar at:
The House Of Bazaar Inc
313 Grand Blvd, Box 840
Venice, CA 90291
If a copyright notice is received by The House Of Bazaar’s Copyright Agent, The House Of Bazaar may send a copy of the notice to the user who posted the material at issue.
If your item is reported, you may receive an email notifying you that a Verified Rights Owner participant requested your listing to be removed from the Website or Services. We require the rights owner to provide us with an email address so you can contact them directly for more information about why your listing infringes their intellectual property rights. You can find the Verified Rights Owner's email address in the email you received when your listing was removed.
At The House Of Bazaar's sole discretion, users who infringe on intellectual property rights of Verified Rights Owners will have their user accounts and/or access to the Services removed or disabled. If The House Of Bazaar disables or removes your user account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to the agent referenced above.
If you have concerns or questions about why your listing was reported or removed, please contact the VRO participant directly using the email address we provided.
You can also contact our Member Care team at email@example.com if the Verified Rights Owner has not replied after 10 days or if you have any other questions.
If your material has been removed, disabled, or otherwise restricted due to a copyright infringement notification, and you believe that your material is not infringing or you were authorized by the copyright owner, the copyright owner's agent, or pursuant to the law to post and use the material, you may send a counter-notice containing the following information to The House Of Bazaar’s Agent for Infringement Claims:
If a counter-notice is received by our Copyright Agent, The House Of Bazaar may send a copy of the counter-notice to the original complaining party informing it that we may replace the removed material or cease disabling it in the next 30 business days at our sole discretion unless the original complaining party files an action seeking a court order against The House Of Bazaar or the applicable member/user.
The House Of Bazaar is not involved in the actual transaction between Buyers and Sellers unless you purchase from one of the in-house accounts managed by The House Of Bazaar. While The House Of Bazaar may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by the The House Of Bazaar Return Policy, we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised; (b) the truth or accuracy of users' content or listings; (c) the ability of Sellers to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the Buyer; or (g) that a buyer or seller will actually complete a transaction. The House Of Bazaar reserves the right to return any sold item to any seller at any time, and to restrict or clawback seller earnings for any item returned to the seller.
Rather, our goal at The House Of Bazaar is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE HOUSE OF BAZAAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE, LOSS OF DATA, INTANGIBLE LOSSES, OR ANY DAMAGES, LOSSES OR EXPENSES THAT MAY NOT FAIRLY AND REASONABLY BE CONSIDERED TO ARISE DIRECTLY AND NATURALLY, THAT IS ACCORDING TO THE USUAL COURSE OF BUSINESS, FROM BREACH OR OTHER ACT OR OMISSION RELATING TO THE WEBSITE, SERVICES, OR AGREEMENT GIVING RISE TO THE RELEVANT LIABILITY (EVEN IF THE HOUSE OF BAZAAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE WEBSITE OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR GUARANTEES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY OR GUARANTEE CANNOT BE EXCLUDED, THE HOUSE OF BAZAAR’S LIABILITY FOR BREACH FOR SUCH WARRANTY OR GUARANTEE IS LIMITED (AT THE HOUSE OF BAZAAR’S ELECTION): (A) IN THE CASE OF GOODS, A REFUND, REPAIR, OR REPLACEMENT OF THE GOODS OR PAYMENT IF THE COST OF REPAIR OR REPLACEMENT OF THE GOODS; (B) IN THE CASE OF SERVICES, THE RESUPPLY PAYMENT OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
IF THE HOUSE OF BAZAAR IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE THE HOUSE OF BAZAAR TRUST PROMISE UP TO THE PRICE THE ITEM SOLD ON THE WEBSITE OR SERVICES (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO THE HOUSE OF BAZAAR IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100 USD.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless The House Of Bazaar and its affiliates, and their directors, officers, employees, parents, subsidiaries, stockholders, and agents, from and against all claims, demands, liabilities, costs, taxes, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another user, the collection, payment or failure to collect or pay taxes if applicable, or claim from a third party. The House Of Bazaar may elect to assume the defense and control of such claim and, in such case, you agree to cooperate with The House Of Bazaar in the defense of such claim and to reimburse The House Of Bazaar for all reasonable expenses and fees incurred in the course of defending such claim.
The House Of Bazaar does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside The House Of Bazaar's control.
In the event a dispute arises between you and another user or a third party, The House Of Bazaar encourages you to contact the user or third party to resolve the dispute amicably.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND THE HOUSE OF BAZAAR HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and The House Of Bazaar agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services. The amount of taxes applicable to your purchase includes state and local taxes and is calculated based on the type and cost of the item purchased, as well as the delivery address and/or location of the seller.
Taxes are not included in the seller’s listing price, however, all applicable taxes are disclosed prior to confirmation of any purchase made on the Website and Services.
Where legally required or permitted to do so, The House Of Bazaar shall automatically calculate, collect and remit taxes on behalf of sellers for purchases made on the Website and Services and shipped to locations in the United States. If for any reason The House Of Bazaar is unable to submit the taxes collected on behalf of a seller in a particular jurisdiction, The House Of Bazaar shall provide such seller with the collected taxes and seller shall be responsible for submitting the taxes to the applicable authority responsible for administering the tax. Sellers are responsible for collecting, reporting, and paying all taxes other than those taxes that The House Of Bazaar automatically calculates, collects and remits on behalf of sellers according to these terms and applicable law.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and The House Of Bazaar are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Sections 3 (Fees), 4 (Listing and Selling), 6 (User Submitted Content, License). 8 (Information Control), 9 (Termination), 10 (Personal Information and Privacy), 11 (The House Of Bazaar’s Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (No Guarantee), 18 (Disputes with Other Users), 19 (Disputes with The House Of Bazaar), 21 (Severability), 22 (No Agency), and 25 (General Terms) shall survive any termination or expiration of this Agreement.
Unless expressly provided elsewhere in the Agreement, any notice, demand, claim, or communication related to the Agreement may be provided by: (a) electronic mail transmission; (b) first class mail or certified mail, postage prepaid; or (c) express courier, cost prepaid; and sent to the following:
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or 72 hours after delivery by mail or courier. The parties agree that service of process and service of a summons related to any disputes arising under this Agreement between the parties can be served via this notice provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without The House Of Bazaar’s express written consent. On the other hand, The House Of Bazaar may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.
Following termination of this Agreement and/or your commercial relationship with The House Of Bazaar, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and The House Of Bazaar to enforce any rights obtained or obligations incurred hereunder.
No term or provision of this Agreement is meant or intended to benefit any third party.
You agree that this Agreement will be governed by the laws of the State of California and applicable United States federal law without regard to conflicts of law principles and you submit to the exclusive jurisdiction of the Courts in the State of California for all matters related to this Agreement.
This Agreement represents the entire agreement and understanding between you and The House Of Bazaar and it supersedes any other agreement or understanding (written, oral or implied) between you and The House Of Bazaar. No other agreements, promises, representations, or understandings shall be binding upon The House Of Bazaar with respect to the Website or The House Of Bazaar’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of The House Of Bazaar.
Neither you nor The House Of Bazaar will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfill the original intent of the parties.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California, Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Updated: June 5, 2020