Vows 2 Vintage LLC
This Seller Agreement governs your sale of items through Vows2Vintage. It is part of the Terms of Service. Section 8 explains when we may hold your funds and Section 16 explains when we may suspend or end your selling privileges. Please read both.
1. Your Relationship With Us
You are an independent seller. You are not our employee, agent, partner, joint venturer, or consignor. We provide a platform. We do not own, take title to, take possession of, warehouse, inspect, authenticate, or accept on consignment any item you list.
The contract of sale is between you and the Buyer. You are the seller of every item you list.
We act for you in two limited ways. We buy the shipping label for each sale, as described in Section 9, and we receive the Buyer's payment as your limited payment collection agent, as described in Section 8.5. Neither makes us a party to the sale.
2. Eligibility and Verification
2.1 Basic requirements
To sell, you must be at least 18, have the legal authority to enter into contracts, provide accurate information, maintain a valid payout account, and comply with these terms and all applicable laws.
2.2 Identity verification
Before you receive your first payout, you must complete identity verification through our payment processor. This may include providing your legal name, date of birth, address, government identification, and tax identification number. We may require re-verification at any time.
2.3 Seller status
When you register to sell, you must tell us whether you are selling as an individual disposing of your own personal property, or as a business. There is no default answer. You must choose one. If you sell as a business, or if you begin selling in a business capacity later, you must tell us.
We may treat you as a business seller if your Listings indicate business activity, such as several new items in the same style or listings under a shop or business name. Business sellers have additional obligations under Section 20. Section 2.4 applies based on your actual sales, whichever answer you give.
2.4 Information required by law
Federal and California law require online marketplaces to collect and verify certain information from sellers who reach specified transaction volume and revenue levels. If you reach those levels, we will ask you to provide:
- your full legal name, or the name of your business;
- a physical address;
- a working telephone number and email address, or other means of direct electronic messaging;
- your bank account information; and
- your business tax identification number, or your taxpayer identification number.
You must provide this information within 10 days of our request, keep it current, and certify at least once each year that it is accurate. If you do not, we will suspend your selling privileges. We will restore them within 10 days of receiving the complete information.
2.5 Disclosure to Buyers
If you reach the levels in Section 2.4 and also reach the revenue level the law sets for disclosure, we will disclose your name, physical address, and contact information to Buyers who purchase from you, in the order confirmation and in the Buyer's account transaction history. If you are an individual without a separate business address, contact help@vows2vintage.com before you reach that level to discuss whether a limited alternative disclosure is available to you.
3. Your Representations and Warranties
Every time you list an item, you represent and warrant to us and to the Buyer that:
(a) you own the item outright, or you have the legal right and authority to sell it;
(b) the item is not stolen, and was not obtained by fraud, theft, conversion, or any other unlawful means;
(c) the item is authentic and is not counterfeit, and is not an unauthorized replica or reproduction;
(d) the item does not infringe any copyright, trademark, patent, trade dress, or right of publicity;
(e) the item is not subject to any lien, security interest, or third-party claim;
(f) the item has not been recalled, and is not subject to a pending recall, safety notice, or stop-sale order;
(g) the item is legal to sell and to ship to the Buyer's location, and is not prohibited under our Community Guidelines and Prohibited Items Policy;
(h) your Listing describes the item accurately and completely, including its condition, and does not omit any material fact;
(i) you are not a person or entity with whom United States persons are prohibited from transacting; and
(j) every photograph on your Listing complies with Section 4.4.
These representations are made anew each time you create a Listing, edit a Listing, or complete a sale.
4. Listing Standards
4.1 What every Listing must include
- An accurate, descriptive title. No keyword stuffing and no brand names for items that are not that brand.
- The brand or designer, if you know it. If you believe you know the designer but cannot confirm it, say that the designer is unconfirmed and explain the basis for your belief, for example "believed to be a Vera Wang sample; bought from a bridal boutique; no tag." Do not put an unconfirmed designer's name in the title. If you do not know, say "unbranded" or "unknown." Never guess.
- Size. For anything worn, either measurements you took yourself with a tape measure, with the item laid flat, or a statement that the Listing gives only the designer's size. A Listing that gives only the designer's size links to the designer's size chart, and neither you nor we promise how the item will fit.
- Color.
- A condition grade from Section 4.3.
- At least three clear photographs of the actual item, taken by you, in good light, that meet Section 4.4.
- Photographs of every flaw, stain, tear, repair, or area of wear.
- A description of every alteration, including hemming, taking in, bustling, cup insertion, and any change to the original construction.
- Any missing component, button, belt, sash, veil, box, garment bag, or accessory that would normally be included.
- Whether the item has been worn at an event, and whether it has been professionally cleaned or preserved since.
- Whether the item came from a home with smoke or pets.
4.2 What you must never do
- Describe an item as new, original, or unused if it is altered, reconditioned, reclaimed, used, or secondhand.
- Describe an item as being of a particular standard, quality, grade, style, or model if it is not.
- Represent a replica or an "inspired by" item as genuine.
- State or imply a price comparison, discount, or percentage off a retail price unless the item was actually offered at that price and you can document it.
- Conceal, minimize, or photograph around a defect.
- Post a photograph that does not meet Section 4.4.
- Include your telephone number, email address, social media handle, or a link to another sales channel in a Listing or in a photograph.
4.3 Condition grades
You must select the grade that honestly matches your item. We may re-grade or remove a Listing that is graded inaccurately.
| Grade | What it means |
|---|---|
| New with Tags | Never worn or used. Original tags attached. No flaws. |
| New without Tags | Never worn or used. Tags removed. No flaws. |
| Excellent | Tried on or worn once, with no visible signs of wear. No stains, tears, repairs, or missing components. |
| Very Good | Worn once or twice, with minor signs of wear that are disclosed and photographed, such as light wear at the hem or a few loose beads. No stains, tears, or repairs. |
| Good | Visible wear, or a minor flaw, stain, or repair. Every flaw is disclosed and photographed. |
| Fair | Significant wear, damage, staining, or missing components, all disclosed and photographed. Sold as final sale. |
| Poor | Major damage or missing parts. Suitable for its fabric, for parts, or for a restoration project. Sold as final sale. |
A boutique sample that has been tried on in store is not New. Use Excellent or lower.
Items graded Fair or Poor are final sale. A Buyer may still open a claim for a qualifying issue under Section 10.3.
Vintage is not a condition grade. If an item is more than 20 years old you may label it Vintage, but you must still select a condition grade and disclose all flaws.
4.4 Photographs
(a) Every photograph must show the actual item you are selling, except as paragraph (e) allows.
(b) The first photograph must be a real photograph of the actual item. You may crop it and adjust its brightness, contrast, and color balance, but you must not change how the item looks.
(c) You may add styled images of the actual item, such as the item shown on a model or in a setting, only if the item itself has not been generated, regenerated, redrawn, or altered, and only if you label the image as styled using the label we provide.
(d) You must not post any image in which any part of the item, including its fabric, lace, beading, embellishment, color, shape, or construction, has been generated or altered by artificial intelligence or any other tool.
(e) You may use manufacturer, designer, or stock images only in addition to your own photographs, only if each is labeled as such, and only if you have the right to use it.
(f) If the photographs on your Listing do not show the item the Buyer receives, or show it altered so that it looks different, the item is significantly not as described, whatever your description says.
4.5 What you say in messages
Anything you tell a Buyer in messages through the Services before the sale, about the item's measurements, condition, or other facts, counts as part of your Listing. If you are not sure of something, say so rather than guess.
5. Prohibited Listings
You may not list anything prohibited by our Community Guidelines and Prohibited Items Policy. That includes counterfeit goods, stolen property, recalled products, hazardous materials, weapons, and anything illegal.
Additional requirements for electrical, battery-powered, and flame items. If you list string lights, lamps, heaters, candles, lanterns, sparklers, or any item that plugs in, runs on a battery, or burns, you must confirm that the item is complete, undamaged, has intact original safety labeling and certification marks, has no exposed or frayed wiring, and has not been modified. You must disclose the item's age. We may remove any such Listing at our discretion.
6. Pricing
6.1 You set your price
You set the asking price for each item.
6.2 All-in pricing
California law requires that the price displayed to a Buyer include every fee the Buyer is required to pay. Our platform is built to comply. The price displayed to Buyers is your asking price. We do not add mandatory buyer fees at checkout. Only sales tax and, on Listings where the Buyer pays shipping, the postage quoted at checkout are added.
You must not attempt to work around this, including by listing an item at a low price and requiring the Buyer to pay a mandatory add-on, handling fee, processing fee, insurance fee, or any similar charge in order to complete the purchase. Doing so is a material breach of this Agreement.
7. Fees
We deduct our commission from the proceeds of each completed sale. A sale is completed when the item has been delivered and the Buyer accepts it, the Buyer's inspection period ends without a claim, or a claim on it is decided in your favor. The commission covers payment processing. There is no separate processing fee. We also deduct, where they apply:
- the postage for a Listing on which you offer free shipping;
- the actual cost of the shipping coverage we buy under Section 9 for a Listing priced over $100; and
- a chargeback fee under Section 11.
The current amounts are in the Fee Schedule.
We will give you at least 30 days written notice before any increase in fees takes effect, and the increase will apply only to sales made after that notice period ends.
8. Payouts, and When We May Hold Your Funds
This Section sets out the grounds on which we may retain, delay, or refuse to release funds belonging to you.
8.1 Normal payout timing
After a sale, we hold the Buyer's payment through our payment processor. Unless Section 8.2 applies, we release your proceeds to your payout account on the earlier of:
(1) the Buyer confirming acceptance of the item; or
(2) the end of the Buyer's 3-day inspection period, which begins when the carrier records delivery, provided no claim has been opened.
Once released, funds typically reach your bank account within 2 to 5 business days, depending on your bank and our payment processor.
8.2 Grounds on which we may hold, delay, or refuse to release funds
We may retain, delay, or refuse to disburse funds otherwise payable to you, in whole or in part, on any of the following grounds:
- Inspection period. The Buyer's 3-day inspection period has not ended.
- Open claim. The Buyer has opened a claim or dispute, and it has not been resolved. The hold lasts until the claim is resolved.
- Appeal pending. The Buyer or you have appealed our decision on a claim, and the appeal has not been decided. The hold lasts until the appeal is decided.
- Chargeback or payment dispute. The Buyer's bank, card issuer, or payment provider has initiated a chargeback or payment dispute. The hold lasts until the dispute is decided.
- Delivery not confirmed. The carrier has not recorded delivery, or tracking shows the shipment is lost, delayed, returned, or undeliverable.
- Suspected fraud or prohibited goods. We have a reasonable basis to suspect that the item is counterfeit, stolen, recalled, or otherwise prohibited, or that the transaction is fraudulent. The hold lasts while we investigate.
- Verification incomplete. Your identity verification, tax information, or the information required under Section 2.4 is incomplete, unverified, expired, or inconsistent.
- Policy violation under investigation. We are investigating a suspected violation of the Terms of Service or of an incorporated policy by you.
- Negative balance. You owe us amounts from prior refunds, chargebacks, chargeback fees, postage, shipping coverage, or fees.
- New seller reserve. Fewer than five of your sales have completed, meaning the item was delivered and the Buyer's inspection period ended without a claim, or the Buyer accepted the item sooner, or a claim was decided in your favor. Until five have completed, we may hold the funds from each sale for up to 7 days after delivery.
- Elevated risk. Your claim rate or chargeback rate is materially higher than is normal on Vows2Vintage, or we have a specific reason to believe that claims or chargebacks on your sales will exceed what we can recover from you. We may hold part or all of your payouts for up to 90 days after delivery. We will tell you in writing if we do, why, and what will end it.
- Legal or processor requirement. A law, court order, government authority, or our payment processor requires us to hold the funds.
8.3 Notice and release
If we hold funds under Section 8.2 for more than 5 business days, we will tell you in writing why, and what needs to happen for the hold to end. When the ground for the hold no longer applies, we will release the funds promptly.
8.4 Set-off
We may deduct from your proceeds, or from any balance we hold for you, any amount you owe us or owe a Buyer, including refunds, chargebacks, chargeback fees, postage, shipping coverage costs, and unpaid commissions. If a decision is reversed on appeal after we have paid you, you must repay the amount the appeal decides you owe, and this Section applies to it. If your balance is insufficient, you must pay the shortfall within 15 days of our written request, and we may charge your payment method on file.
8.5 Limited payment collection agent
You appoint Vows 2 Vintage LLC as your limited agent for the sole purpose of receiving, holding, and settling payments from Buyers for your sales, through our payment processor. A Buyer's payment to us or to our payment processor for your item is treated as payment to you, and satisfies the Buyer's obligation to pay you, whether or not we have yet paid you. Our obligation to pay you is subject to this Agreement, including Section 8.2. We are not a bank, and you do not earn interest on funds we hold. This appointment does not make us your agent for any other purpose.
9. Shipping
When an order is confirmed, we buy the shipping label, usually within minutes, and make it available to you. You must:
- drop the package off with the carrier within 3 business days of the sale, unless your Listing states a longer handling time, using only the label we provide;
- package the item so that it will survive normal transit, using appropriate protection for garments, glass, and fragile décor;
- keep the carrier's drop-off receipt, and provide it, with proof of packaging, on request;
- respond to shipping investigations; and
- never ship an empty box, a different item, or an item that does not match the Listing.
You cannot enter or change a tracking number. Tracking comes from the carrier's own scans, and the carrier's first scan of the package is our record that it was shipped.
Shipping coverage. For every Listing priced over $100, we buy shipping coverage for the item's sale price with the label, in addition to the carrier's standard coverage, and deduct its actual cost from your proceeds, with no markup. If the item is lost or damaged in transit, we make the claim under that coverage. If the coverage does not pay for a loss, or pays less than the loss, you bear the shortfall, unless the claim was refused because of our own error. The Shipping Policy has more detail.
If you cannot ship within the required time, cancel the order promptly. Repeated late shipment or repeated cancellation may result in restrictions under Section 15.
10. Returns, Refunds, and Buyer Protection
10.1 Default: final sale
Your sales are final. A Buyer may not return an item because of fit, buyer's remorse, a change of plans, an event cancellation, or a difference in color caused by screen settings.
10.2 Returns for other reasons
We do not currently offer returns for reasons other than qualifying claims. If we introduce them, we will update this Agreement and the Fee Schedule before they become available.
10.3 Qualifying claims
Regardless of Section 10.1, a Buyer may open a claim if the item was not delivered, is significantly not as described, is counterfeit, is damaged in transit, is the wrong item, or is missing a major disclosed component. An item is significantly not as described if, among other things, a photograph on your Listing does not show the actual item, a measurement you took with a tape measure is off by more than one-half inch, measured flat, something you told the Buyer in messages proves materially wrong, or the basis you gave for an unconfirmed designer is false. The Refund, Return and Buyer Protection Policy governs those claims.
10.4 Your obligations on a claim
You must respond to a claim within 3 days, provide the documentation we request, and accept an approved return. Where a claim is decided in the Buyer's favor, the refund is deducted from your proceeds. Where the claim results from your breach of this Agreement, including a misleading photograph, an inaccurate measurement, or a wrong statement in messages, you also bear the return shipping cost. If a decision in your favor is reversed on appeal after you have been paid, you must repay the refund amount, and Section 8.4 applies.
10.5 No warranty from us
We do not warrant or guarantee any item. Any warranty on an item comes from you. Do not describe our claim process, our policies, or our platform as a guarantee, a warranty, or an authentication of your item.
11. Chargebacks
If a Buyer initiates a chargeback, we will notify you and ask for documentation. You must respond within the time we specify. You are responsible for the amount of any chargeback that is decided against you, unless the chargeback results from our error. If the chargeback is decided against you for a reason you are responsible for, such as an item that was not as described or was not shipped, you also pay a chargeback fee of $15. You do not pay a chargeback fee if we win the dispute. We pay any separate fee our payment processor charges to contest a chargeback. We may hold funds under Section 8.2 while a chargeback is pending.
12. Taxes
Where the law requires us to collect and remit sales tax on your sales, we will do so. You remain responsible for your own income tax obligations and for any other tax obligation that the law places on you.
You must provide a valid Form W-9 or other tax documentation on request. Our payment processor may be required to report your proceeds to tax authorities and to issue you an information return. We do not provide tax advice. Speak with your own tax adviser.
13. Your Content
You keep ownership of the photographs and text you post. You grant us the license described in Section 6 of the Terms of Service so that we can display and promote your Listings, and so that we can keep a copy of each Listing with the order record when it sells. You must own or have the right to use every photograph you post, and every photograph must meet Section 4.4. Do not use another seller's photographs or images taken from the internet. Use a manufacturer's or designer's image only if you have the right to use it and Section 4.4 allows it.
14. No Off-Platform Transactions
Once you and a Buyer have connected through the Services, you must complete the transaction on the Services. You must not:
- ask a Buyer to pay you directly, by a payment app, bank transfer, or any other off-platform method;
- include contact information or links to other sales channels in Listings, photographs, or messages; or
- cancel a sale and then complete it off the platform.
Circumvention is a material breach. It also removes every protection the Buyer would otherwise have, and we cannot help either party with an off-platform transaction.
15. Performance Standards
We may set and publish reasonable performance standards, which may include shipping time, cancellation rate, claim rate, and response time. If your account falls below a standard, we may notify you, limit your listing capacity, reduce your visibility, hold funds under Section 8.2, or suspend your selling privileges.
16. Suspension and Termination
16.1 Grounds
We may remove a Listing, restrict your account, or suspend or terminate your selling privileges if:
- you breach this Agreement, the Terms of Service, or an incorporated policy;
- you violate the law;
- you list counterfeit, stolen, recalled, or prohibited goods;
- you engage in fraud, misrepresentation, or payment abuse;
- your information is false, incomplete, or cannot be verified;
- your performance falls persistently below our published standards; or
- a law, court, government authority, or our payment processor requires it.
16.2 Written statement of reasons
If we suspend or terminate your participation in the marketplace because of an alleged violation of law or of a term, condition, or policy, we will give you, without undue delay, a written statement that describes the facts and circumstances that led to the decision, identifies the term, condition, policy, or law that is the basis for it, and states whether you may appeal and how.
We may withhold detail where disclosure would reveal proprietary, confidential, or trade secret information, would hinder an investigation or the prevention of deceptive, fraudulent, or illegal activity, or where we reasonably believe the statement could negatively affect the safety or property of another person.
16.3 Appeal
You may appeal in writing to help@vows2vintage.com within 30 days. Include your explanation and any supporting documentation, such as receipts, certificates of authenticity, photographs, or proof of purchase. We will review and respond in writing.
16.4 Effect of termination
Termination does not release you from obligations that accrued before it, including open orders, refunds, chargebacks, fees, and indemnity. We will release any funds we hold that are not subject to a ground in Section 8.2, subject to any reasonable reserve for pending claims and chargebacks.
17. Fraud Prevention
We may verify your identity, request documentation, review Listings and messages, remove Listings, delay or hold payouts, cancel transactions, restrict your account, and report suspected criminal activity to law enforcement. These measures are discretionary and are described in Section 8 of the Terms of Service.
18. Indemnification
You agree to indemnify, defend, and hold harmless Vows 2 Vintage LLC and its members, officers, employees, and agents from and against every claim, demand, action, loss, liability, damage, judgment, penalty, fine, cost, and expense, including reasonable attorneys' fees and costs of defense, arising out of or relating to:
- any item you list, sell, or ship, including any claim that the item was defective, unsafe, counterfeit, stolen, infringing, recalled, or caused injury, illness, or property damage;
- any statement, photograph, or omission in your Listing, or in your messages to a Buyer;
- your breach of any representation or warranty in Section 3;
- your breach of this Agreement, the Terms of Service, or any incorporated policy;
- your violation of any law or of any third party's rights; or
- any dispute between you and a Buyer.
We will notify you of a claim for which we seek indemnity, will not settle it without your consent, which you will not unreasonably withhold, and may participate in the defense at our own expense. This Section does not apply to the extent the claim arises from our own fraud, willful injury, gross negligence, or violation of law. This Section survives termination.
19. Limitation of Liability
Section 16 of the Terms of Service applies to this Agreement, including the carve-outs in Section 16.3 of those Terms.
20. Additional Obligations for Business Sellers
If you sell in a business capacity rather than disposing of your own personal property, the following also apply:
- You must hold every business license, seller's permit, and registration your business requires, and provide proof on request.
- You must comply with all labeling, disclosure, and safety requirements that apply to the goods you sell, including any requirement to attach a written disclosure to goods sold "as is" or "with all faults."
- Once your sales through the Services reach $10,000 in any 12-month period, or from the time you list any electrical, battery-powered, or flame item, you must maintain commercial general liability insurance with limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate, and, on our request, name Vows 2 Vintage LLC as an additional insured and provide a certificate of insurance. We encourage you to carry this insurance before then.
- You must comply with all recall, safety notice, and stop-sale obligations, and must immediately remove and stop selling any item subject to one.
21. Dispute Resolution
Section 20 of the Terms of Service, Dispute Resolution and Arbitration, applies to any dispute between you and us under this Agreement, including your right to opt out. Section 19 of those Terms, which requires a claim to be brought within one year, also applies.
22. General
This Agreement is governed by California law. We may update it as described in Section 22 of the Terms of Service, with changes applying only going forward. If a provision is unenforceable, it is severed or limited to the minimum extent necessary and the rest remains in effect. Sections 3, 8.4, 8.5, 10.5, 11, 12, 18, 19, 21, and 22 survive termination.
Seller Acknowledgment
By registering as a seller, listing an item, or completing a sale, you confirm that you have read and agree to this Seller Agreement, the Terms of Service, the Privacy Policy, and all incorporated policies.
Contact Information
- Company: Vows 2 Vintage LLC
- Address: 25422 Trabuco Road, STE 105-356, Lake Forest, CA 92630
- General and legal notices: hello@vows2vintage.com
- Buyer and seller support: help@vows2vintage.com
- Telephone: (949) 627-8692