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Terms, Conditions, & Refund Policy

PREOWNEDWEDDINGDRESSES.COM o/a NEARLY NEWLYWED

 

Returns Accepted: when buying an item that accepts returns, you can return your item for any reason - just let our support team know within 72 hours of your package being delivered.

 

Return Fee: when buying an item that accepts returns, there is a flat $25.00 USD return fee that is deducted from the buyer's refund (the original shipping fee is non-refundable). The return fee may be waived if the requested return is due to a misrepresented item.

 

Return Period: we don't release payment to the seller until the buyer confirms they received the item as described (or 72 hours pass from when the package is delivered). This means buyers have 72 hours from when they receive their item to inspect it and let our support team know if their item has been misrepresented, or they need to return it (as per the seller accepting returns)

 

Seller Confirmation: After the returned item is delivered to the seller, the seller has 24 hours to confirm all is well or disclose any issues to our team. If we do not hear from the seller we will assume we are ok to process the return.

 

Return Validity: most dresses and items cannot be returned - it is important to confirm this before you purchase your item. Every seller is a real person just like you and decides if she wants the sale to be final, or not, and will mark directly on the listing in the Return Policy section indicating which it is.  If they accept returns, you can return your item if it doesn't fit or you don't love it.

Eligibility

Returns are only valid for items where the seller and buyer are in the same country. Purchases must be made after October 3, 2022 to qualify.

Normal Returns

If you purchased an item from a seller who accepts returns, you can return the item for any reason by requesting a return with our support team within 72 hours of receiving it.

Returning a Misrepresented Item

If you purchased an item that is Final Sale, and discover an issue when you receive it, you may be eligible for a return with a full refund, or partial refund if you want to keep it, of the purchase value for the following reasons:

  • Item is not as described or not authentic
  • Wrong item
  • Item never arrives
  • Item arrives with undisclosed damage
    • If the undisclosed damage is repairable, our support team will guide you through your options and work with the seller to come to a resolution that works for both parties - this may include a partial refund if you are happy to keep your item.
  • Missing items
    • If your item arrives but is missing something, we will work with your seller to ship the missing item to you.

To be eligible for a return, where the seller of the item has indicated returns are allowed, your item must be in the same condition that you received it, unworn or unused, with tags (if applicable), and in its original packaging.

What is Not Covered

  • Buyers Remorse - if the item does not fit or is not really your style/what you were hoping for.
  • Doesn't Fit - read more on this here. All purchases should be made according to the tag size, not the street size which is subjective and only for guidance.
  • Acceptable Wear and Tear - even a brand new item may show gentle signs of being handled. When a dress is tried on or packaged/unpackaged to ship, it is reasonable to expect some signs of acceptable wear and tear during these actions.

    Within reason, we consider acceptable signs of wear to be small - both in size and amount - and easily remedied. This means that they can be easily cleaned or brushed off, taken off with a lint roller, trimmed with scissors, or sewn back on (etc).

    Examples:
    • loose threads
    • internal marks on the lining or underlayers that are not visible while worn
    • loosened bodice lining
    • marks from touching other objects or the floor
    • pet fur
    • marks inside the neckline or straps from makeup or self-tanner (not visible from the outside)
    • dust
    • missing or loosened buttons, beads, or gems

    Concerns of this nature will be assessed on an individual basis by our team.
  • Returns submitted after the 72-hour window is closed or items sent back without first requesting a return (these returns will not be accepted).
  • International shipments - if you purchased an item that is located in a different country your order will be considered a final sale. It is the responsibility of the buyer to perform their due diligence. This means asking for pictures and videos to verify the condition and authenticity of the item before purchasing it and asking questions about any alterations done to confirm sizing.
  • Transactions Offsite - only items purchased directly through our marketplace are eligible for a refund.
  • Listing Fee - once a listing goes live on the our marketplace the fee is non-refundable.
  • Shipping Fee - for regular returns, the shipping fee is non-refundable.

Requesting A Return

Items must be shipped back with our provided prepaid and insured shipping label. Buyers who ship an item back at their own expense will not be reimbursed for the incurred costs and the return may not be honored if the item was a Final Sale. In the event a buyer ships back an item that was a Final Sale, they will be responsible for the cost to have their item shipped back.

 

  1. Return Request - submit a return request here.
  2. Upload Details - add several well-lit pictures and explain why you're requesting a return.
  3. We Investigate -
    Regular Return - No Issues
    If you decide the item is not the one for you, we'll request pictures of the item to confirm its condition and then send a prepaid/insured shipping label to you (the buyer) with instructions on how to safely pack the item up. We’ll notify the seller of your intent to return the item and provide the tracking information to the seller.

    Final Sale or Issue Return Requests
    When a final sale or regular item is misrepresented, our support team will investigate and work with both parties to verify the return claim within 72 hours of the report.  If we verify the buyer's claim that the item is misrepresented, we'll send a prepaid/insured return label to return the item to the seller, with instructions on how to safely pack the item up. 

  4. Ship It - all returns must be shipped within 48 hours of receiving the shipping label. Any returns posted for shipment after the 48-hour deadline will not be accommodated and will be considered a final, non-returnable sale.
  5. Seller Confirmation & Refund -
    After the returned item is delivered to the seller, the seller has 24 hours to confirm all is well or disclose any issues to our team. If we do not hear from the seller we will assume we are ok to process the return.
    You’ll be refunded on your original payment method (less the $25 return fee and original shipping cost for normal returns, and a FULL refund for misrepresented items) and will receive an email confirming this.

    Please remember it can take some time for your bank or credit card company to process and post the refund to your card/account.

Refused or Return to Sender Shipments

Final Sale Items

If you refuse to accept your shipment or abandon it at UPS, your purchase will not be refunded. After your item is returned to the sender, you will be invoiced for the shipping cost to send it back to you. If you refuse to pay for the return shipping, your purchase will not be refunded and your item will not be shipped back to you.

After 30 days pass from your item being returned to the sender, it will be considered abandoned and will be listed again for sale.

Items Allowing Returns

Domestic sales only. You will be charged the return shipping costs, deducted from your refund.


Contact us for any return questions at support@nearlynewlywed.com.

 

PREOWNEDWEDDINGDRESSES.COM

TERMS AND CONDITIONS

Welcome!  Thank you for visiting PreOwnedWeddingDresses.com o/a Nearly Newlywed (hereafter referred to as “NN” and its website is referred to as the “Site”). 

NN is an online consumer-to-consumer marketplace for [wedding dresses, bridesmaid dresses, and other dresses, gowns, accessories and merchandise] (collectively, the dresses and other merchandise available for sale on the Site are referred to as the “Merchandise”).  Please note that NN does not sell, purchase, own, or take possession of any Merchandise, either for itself or on behalf of users of the Site that list Merchandise for sale ("Sellers"), or users of the Site that purchase Merchandise (“Buyers”).  For purposes of these terms and conditions, Sellers, Buyers, and visitors of the Site who are browsing Merchandise are referred to as “Users.”

WHILE NN HELPS FACILITATE TRANSACTIONS, BUYERS AND SELLERS ARE ENTIRELY RESPONSIBLE FOR THE SALE AND SHIPMENT OF MERCHANDISE BETWEEN THEM, INCLUDING, WITHOUT LIMITATION, THE DESCRIPTION AND OTHER CONTENT OF THE LISTINGS OF MERCHANDISE AND ANY PRICE, RETURN, WARRANTIES OR OTHER TERMS APPLICABLE THERETO.  NN OFFERS NO WARRANTIES WITH RESPECT TO ANY MERCHANDISE.

There are risks that you assume when dealing with others through this Site, and these risks are borne by you alone, and not by NN.  You are solely responsible for your evaluation of, and decision to use, this Site, buy or sell any Merchandise, or communicate with others through this Site.  You are responsible for all your actions on this Site.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN, TO THE EXTENT LEGALLY ALLOWABLE IN YOUR JURISDICTION, YOUR AGREEMENT TO ARBITRATE DISPUTES AS WELL AS OTHER IMPORTANT LEGAL RIGHTS, REMEDIES, AND INFORMATION.

The following additional terms and conditions (in addition to those described above) also apply to your use of the Site, and [by clicking “I Agree”] you are accepting all terms and conditions, and creating a legally binding agreement between you and [NN].  In agreeing, you are also representing that you have the authority to bind yourself and/or the company or entity that you represent.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT SELL OR BUY MERCHANDISE ON OR THROUGH THIS SITE. 

Table of Contents

  1. Use of this Site and Other General Terms
  2. Purchases and Sales
  3. Warranties and Disclaimers
  4. Claims and Dispute Resolution
  5. Privacy Policy
  6. Copyright and Intellectual Property Policy

1. USE OF THIS SITE AND OTHER GENERAL TERMS

You agree and acknowledge that NN reserves the right to amend, supplement, or replace these terms and conditions at any time, in its sole discretion, and that NN may amend, supplement, or replace these terms and conditions at any time by posting a revised version on this Site.  The revised version will be effective at the time we post it, unless we specify another effective date.  As we may modify any terms herein at any time you should periodically visit this page to review all current terms.  [If we change these terms and conditions in a way that reduces your rights or increases your responsibilities, we will provide you with a notification. In the event of inconsistency, these terms and conditions prevail over any Policies.]

  1. Registration. All Sellers and Buyers are required to register with this Site in order to list, sell, and/or buy any Merchandise, and upon registration a [User] account (a “User Account”) will be established for you.  You are responsible for maintaining the confidentiality of the password for your User Account and you will be fully responsible for any and all activities that occur under your User Account.  You agree to immediately notify NN of any unauthorized use of your User Account or any other breach of account security.  NN will not be liable for any loss or damage arising from your failure to comply with this Section.  The personal information you provide to us is governed by our {Privacy Policy}.
  2. Use of Site. You are responsible for your use of this Site, and any use of this Site made using your User Account, and you agree to use this Site in accordance with these terms and conditions, including in accordance with our Intellectual Property Policy below. You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) on this Site. NN reserves the right to delete Content from this Site that is not in compliance with these terms and conditions, is illegal, is fraudulent, or that NN determines to be inappropriate, in its sole discretion. NN may investigate, take legal action, or perform any other action it deems necessary or warranted in managing this Site, your Content, Posts, or other use, without limitation, including preservation of such information for investigative purposes. NN prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation. NN prohibits the listing or sale of counterfeit items. This Site is not available to minors (people under the age of majority in their state or province of residence), or to temporarily or permanently suspended Users.

    Further, you agree not to use this Site to:
    1. provide any content, postings, or other information or images that are unlawful, harmful, violent, illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behavior;
    2. violate any law, rule, or regulation, including any anti-spam, data privacy, malware, or other rule, regulation or policy that may be applicable to your use of this Site;
    3. create any derivative works or reverse engineer any part of this Site, or put unreasonable load on this Site’s infrastructure or disrupt the networks connected to it;
    4. promote any illegal activity or enterprise;
    5. stalk, harass, bully, impersonate or solicit information from anyone, especially those that are under the age of 18;
    6. copy, scrape, harvest or use automated systems to collect contact information from the Service for use outside of those intended by these terms and conditions;
    7. to sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship;
    8. pose a privacy or security risk;
    9. infringe on anyone’s intellectual property;
    10. spam any users with email, junk mail, fraud, schemes, or the like;
    11. transmit or upload viruses, worms, or interfere with the operation of this Site; or
    12. take any action or inaction that NN, in its sole judgment, believes is questionable or could cause harm or liability.
  3. Your Content.

    (1) All Content and all Posts should be presumed to be made public, and not to be treated as confidential in any manner, and to be shared with other Users.  NN is not under any obligation to review any Content posted by our Users on this Site, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of these terms and conditions or any applicable law.  [We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations.]  We may refuse to accept or display any Content, and may remove or delete all or any portion of any Content at any time.  You understand that NN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of NN.  You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, all legal or equitable rights or remedies you have or may have against NN, its owners, officers, directors, managers, and affiliates with respect thereto.  Any and all Content you upload should not, and will not, be considered confidential by NN or other Users, will be treated as public information, and you agree and understand it is intended to be shared with other Users as well as third parties, all in NN's sole discretion, and NN has no control or liability over what other Users do with your Content.  You understand and agree that NN will not be liable for the disclosure of any of your Content and waive all rights with respect to any such claims related to its confidentiality.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to NN are non-confidential and NN shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  If you do not agree that your Content will be considered public and will not be considered confidential, you may not use this Site.
    (2) By submitting any Content, you hereby agree that you are representing and warranting that you own all rights to the Content or, alternatively, that you have the right to give NN the license described below, [including the correct and legal permissions and consents for any personally identifiable information you may provide, or upload to, the Site].  By posting or otherwise transmitting any User Content you hereby grant and will grant to NN and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your Content in connection with the operation of this Site or any other products or services of NN, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your Content).  You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
  4. Third Party Services.  NN may provide to you, or provide your Content to, certain third-party services or third-party service providers (collectively, the "Third Party Services") which may also provide to you links to websites, email and telephone correspondence and other offers outside of the NN network.  Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to your use of any such provided Third Party Services.  You are responsible for evaluating whether you want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the NN network, or may choose to not utilize such Third Party Services at any time.  We reserve the right to suspend Third Party Services at any time.  You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because you may give the operator permission to use your information outside of what you have agreed to herein.  NN is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
  5. Third Party Material. NN will not be liable in any way for (1) any items or content on the Site posted by third parties, other Users, or at the direction of Users (collectively, the “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on this Site; and you acknowledge that NN does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on this Site, although NN reserves the right to do so, and remove Third Party Materials at our sole discretion.  You agree that you bear all risks associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
  6. Intellectual Property.  
    (1) You acknowledge this Site contains images and descriptions that are third party content (“Site Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws.  NN retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Site Content or NN's intellectual property that you are exposed to through our Site that is not explicitly authorized by this Agreement.  Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited.  All goodwill generated from the use of NN trademarks will inure to our exclusive benefit.  Any rights not expressly granted herein are reserved by NN.  Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to NN.
    (2) NN disclaims that it is an authorized dealer or agent of any of the Merchandise offered on this Site.  Merchandise offered on this Site are all registered trademarks of their original owners who reserve their rights and ownership.  The use or mention of any trade names, product names, or trademarks on this website does not suggest that the trademark’s owner or designer has any affiliations with or any endorsements of this Site.
  7. Indemnification.  You agree to release, defend, indemnify and hold NN, its affiliates and employees (collectively, the “NN Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from your actions (or inactions), your use (or misuse) of our Site, your breach of these terms and conditions, or your infringement of someone else’s rights.  If you are a California resident, you are hereby waiving California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you are hereby waiving any comparable statute or doctrine.
  8. Mobile Services.  When you access the Site through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider.  You agree that you are solely responsible for your use of the Site on your mobile device and adherence to your wireless provider’s terms and conditions.
  9. Severability, Headings, Non-waiver.  The unenforceability of any provision of these terms and conditions will not affect the enforceability of any other provision.  If any provision of these terms and conditions is deemed to conflict with another, NN will have the sole right to elect which provision remains in force.  Headings are provided for convenience only.  NN reserves all rights under applicable law.  Our non-enforcement of any provision of these terms and conditions or under applicable law will not be construed as a waiver of any enforcement rights under the same or different circumstances at any time in the future.
  10. Modifications.  THESE TERMS AND CONDITIONS AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY NN AT ITS SOLE DISCRETION AT ANY TIME.  NN may modify or discontinue this Site and our services with or without notice.  NN is not liable to you or any third party for any such modification or discontinuation.  When changes are made to these terms and conditions, we will make the revised terms and conditions available by posting them on this Site.  [We will also update the "Last Revised" date at the bottom of these terms and conditions.] If we make any material changes, and you have registered to use this Site, we may also notify you via email.  [Changes will be effective immediately for new Users and will be effective ten (10) days after posting notice of such changes on this Site for existing Users.] Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new terms and conditions.  If you do not agree to abide by these or any future terms and conditions, do not use or access (or continue to use or access) the Site.
  11. Termination.  NN may suspend or terminate this Site or your account at our discretion without explanation, notice, and liability to NN including removing and discarding any Merchandise or Content within this Site, for any reason, though we will attempt to provide a timely explanation.  Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of this Site, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing your User Account with this Site.  NN will not have any liability whatsoever to you for any suspension or termination.  No refunds will be provided. All provisions of these terms and conditions which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
  12. Electronic Communication, Documentation.  When you use this Site or send e-mails to us, you are agreeing to communicate with us electronically. These terms and conditions and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties.  Printed versions of these terms and conditions and the documents referenced herein will be admissible in any legal proceeding.
  13. Notices.  You agree NN will provide notices and messages to you within the communication functions of this Site, or if required, via email or regular mail.  You may provide  NN notice and will be deemed provided once received by  NN, addressed via mail to the address listed below.

    PreOwnedWeddingDresses o/a Nearly Newlywed
    65 Hemlock Dr
    Roslyn, NY 11576

  14. Governing Law.  These terms and conditions shall be governed by the laws of the State of New York without giving effect to its principles regarding conflicts of law.  All disputes shall be resolved exclusively in state or federal court in Nassau County, New York, except as provided in Article IV – Claims and Dispute Resolution Process of these terms and conditions.  You acknowledge that the Site operates in the United States and agree to comply with all export laws and regulations of the United States.
  15. Users in California.  Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California:

    (1) California Civil Code.  Under California Civil Code Section 1789.3, users of the Site 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.
  16. Users in Canada.  Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in Canada:
    (1) Arbitration. The Arbitration Act, RSBC 1996, c. 55 (the “Canadian Arbitration Act”) governs the interpretation and enforcement of the arbitration provisions of these terms and conditions and any reference to the American Arbitration Association is deemed replaced with the British Columbia International Commercial Arbitration Centre.  If there is an inconsistency between the arbitration provisions of these terms and conditions and the Canadian Arbitration Act, the Canadian Arbitration Act will prevail.
    (2) Governing Law.  These terms and conditions shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the provincial courts in Vancouver, British Columbia and waive any objection to such jurisdiction or venue.
    (3) Language of Terms.  English shall be the language of these terms and conditions and the parties waive any right to use and rely upon any other language or translations. Il est la volonté expresse des parties que les présentes Conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.

2.  PURCHASES & SALES

  1. Sellers.  Each Seller agrees and represents that such Seller has all rights necessary to sell the Merchandise such Seller is listing on NN, and that they have described such Merchandise truthfully, accurately, and completely.  Each Seller further represents they have read Section I.C. - Your Content above, and that such Seller’s listing meets the requirements thereof.

    When listing an item on Nearly Newlywed, Sellers agree to honor any sale completed through the platform, including but not limited to transactions where the Seller and the buyer have mutually agreed upon a reduced price. Sellers are required to fulfill the transaction once a buyer has completed payment.

    Failure to honor a finalized sale—including but not limited to canceling the sale without buyer consent or relisting the same item at a higher price—violates our marketplace policies. In such cases:

    Listing Removal - Nearly Newlywed reserves the right to remove the listing in question as well as any other active listings from the Seller.
    No Listing Fee Refund - Any listing fees associated with the removed item(s) will not be refunded.

    These measures are in place to maintain the trust and reliability of our platform for all Buyers and Sellers.

    When selling on NN, the Seller acknowledges and agrees not to:

    a) ask Buyers for measurements for made-to-order goods or services
    b) promote any other business or service on the NN marketplace
    c) solicit any Buyer to join Third Party services, websites or applications outside of the Site
    d) post publicly on the Site or inside the monitored NN communications system false, inaccurate, misleading, deceptive or defamatory content about the Site or a Third Pary
    e) use copyrighted pictures without permission or use pictures that do not accurately represent the Item listed for sale
    f) list more than 1 item for sale per Listing
    g) solicit any Buyer to transact outside of the Site. Doing so may result in the suspension of the Seller account. No listing fee refunds will be given for suspended accounts.
  2. Buyers.  You are solely responsible for reading and reviewing the Merchandise listing before making an offer for or purchasing Merchandise. Merchandise listings include both label and street sizes. The street size is subjective and only for guidance, all purchases should be made according to the tag size. You are responsible for performing your due diligence to confirm the condition, color, authenticity, and size and fit of your item. Your contract to purchase any Merchandise is between you and the Seller, not NN.  Buyers may offer to purchase Merchandise, and once accepted, this is considered a purchase, and a binding contract.  Upon purchasing Merchandise, a Buyer is obligated to remit payment for the Item to NN including any shipping or additional fees.  NN is not an auctioneer, nor is it a Seller or Carrier.  NN's service includes pricing, listing, and shipping assistance, but NN is not a Buyer or Seller of Merchandise.  Buyers are responsible for all importing fees, duties, and taxes imposed by their country when importing Merchandise purchased from NN. If a shipment is refused by the buyer due to the duties and taxes owed, the shipping costs will be taken out of the buyers refund for their purchase after the item is successfully shipped back to the seller. Buyers who have the Merchandise shipped to a Third-Party freight forwarding company acknowledge NN's insurance only covers the Merchandise until it is delivered to the Third-Party, and that NN's 3-day window that allows Buyers to flag any issues with their order starts when the shipment created by NN is delivered. Buyers understand the shipment will be delivered to the Third-Party Forwarder and this window will close before they receive the Merchandise. NN may delay any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. 
  3. NN’s Fees.  NN's fees for listing Merchandise are $25 USD for bridal gowns, $5 USD for all other gowns and accessories, and when an item sells and is kept by the purchaser the seller commission split is 80/20 for individual sellers, 70/30 for premium and Nearly Newlywed sellers imported May 2024, and 85/15 for salon storefront sellers (custom commission splits may differ). This means sellers receive between 70-85% of the purchase price for their item.  NN may change or discontinue, temporarily or permanently, some or all of our fees, and such changes will be effective upon our revision of the terms of service.
  4. Returns & Cancellations.  All purchases are final unless otherwise noted on the Merchandise listing, with no returns, refunds, cancellations, or retractions allowed, except where (i) Buyer cancels an order within three (3) hours of purchase, or (ii) the purchase is cancelled where explicitly permitted by NN or where applicable, a Seller. NN may allow a Buyer to return Merchandise in limited circumstances if the Seller of the purchased Merchandise does not allow returns - if any Merchandise is damaged or arrives not as reasonably described by the Merchandise listing to the Buyer, the Buyer must report this issue to NN within three (3) days of the Merchandise being delivered (as determined by tracking information). Refunds will not be given until the approved return arrives in the expected condition to the Seller.
  5. Credit for Sales; Charges for Purchases.  Upon confirmation of receipt by the applicable Buyer of its purchased Merchandise, NN will contact the Seller for their PayPal email address to send the amount of the applicable purchase price, minus taxes, NN's  commission, and any other applicable fees charged against a Seller’s account. Buyers will be charged for purchases when they “check-out” of the sale process with respect to their purchased Merchandise. Funds in a Seller’s account may be redeemed by Seller through NN's permitted third party payment provider(s).
  6. Payment Methods.  NN accepts the following credit [and debit] cards:

    - MasterCard
    - Visa
    - America Express
    - Discover
    - Affirm

    When placing an order on this Site, you will need: 1) the address your credit card’s statement is sent to; 2) your credit card number and expiration date; and 3) the 3 or 4-digit code found only on the card (CVV2 code). Credit card purchases through this Site will be processed through Shopify's payment processor.  
  7. Credit Card Chargeback policy. There is no reason for a chargeback to ever be filed.  If you believe a credit or other amount is due from NN, or if you believe your credit card was used fraudulently, simply contact us and we will be happy help you resolve your issue.  Chargebacks filed inappropriately are theft and can be prosecuted.
  8. Shipping.  Sellers are responsible for shipping purchased Merchandise to their Buyers, and Buyers are responsible for the costs and fees associated with such shipping.  Promptly following consummation of a sale, NN will provide a Seller with a prepaid shipping label to use in sending purchased Merchandise to a Buyer (NN reserves the right to discontinue providing labels to any or all Sellers at any time and for any reason).  Sellers must ship the purchased Merchandise within seventy-two(72) hours of its receipt of a shipping label from NN, and if the Seller does not ship the purchased Merchandise in such timeframe, the sale will be cancelled and the Seller will not receive the purchase price, unless NN determines that such failure to ship was not the intentional fault of Seller, in which case NN will notify the Seller and provide a subsequent deadline for shipping before the order will be cancelled.  When using a shipping label, Seller must only use the label to ship the purchased Merchandise associated with the applicable shipping label.  Sellers are fully responsible for the contents of the shipping parcel, and must comply with all terms and conditions of the shipping carrier. Title to the purchased Merchandise will transfer to the Buyer upon confirmed delivery.
  9. Taxes. Purchased Merchandise may be subject to applicable taxes in your jurisdiction, which NN will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and NN is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers.  Note that taxes are not included in the listed price for Merchandise, but will be displayed before confirmation of a purchase.  Use of credits may modify taxes that apply to a Buyer’s order.  Taxes may be estimated based on offers made on Merchandise, but are subject to change if final sale price is different than original offer.  Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale, you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where NN does not collect taxes on your behalf.

3. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

  1. Warranties and Disclaimers
    YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  THIS SITE AND THE MERCHANDISE INCLUDED THEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NN MAKES NO WARRANTY THAT: (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY MERCHANDISE THROUGH THIS SITE OR THAT THIS SITE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SITE WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY MERCHANDISE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS OR NEEDS.

    NN MAKES NO GUARANTEE OR WARRANTY REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTING, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THIS SITE.
  2. Limitations of Liability
    NN IS NOT LIABLE FOR: (1) ANY CONTENT POSTED ON THIS SITE; (2) PURCHASES, SALES, OR OTHER AGREEMENTS OR OBLIGATIONS THAT MAY ARISE BETWEEN USERS; (3) ANY DAMAGES THAT RESULT THROUGH YOUR USE OF THIS SITE; (4) ANY NEGATIVE OR CRITICAL COMMENTS THAT MAY BE POSTED BY OTHER USERS THROUGH THIS SITE; (5) ANY OF THE THIRD PARTY SERVICE(S) YOU MAY BE PROVIDED PURSUANT TO YOUR USE OF THIS SITE; (6) ANY THIRD PARTY PERSONALLY IDENTIFIABLE INFORMATION YOU UPLOAD OR PROVIDE TO NN PURSUANT TO THIS SITE; OR (7) ANY COST OF SUBSTITUTE GOODS OR SERVICES.

    YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, INCLUDING ANY PURCHASE OR SALE TRANSACTIONS. YOU AGREE NN WILL HAVE NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO SUCH INTERACTIONS, PURCHASES, OR SALES, EXCEPT AS EXPLICITLY PROVIDED IN THESE TERMS AND CONDITIONS.  NN RESERVES THE RIGHT BUT IS UNDER NO OBLIGATION TO BECOME INVOLVED IN ANY DISPUTE BETWEEN YOU AND ANOTHER USER.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL NN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT NN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH OUR SITE OR ANY TRANSACTIONS ARISING THEREUNDER, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF OUR SITE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER STYLED OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SITE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (3) ANY OTHER MATTER RELATED TO THE SITE.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL NN BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) [COMMISSIONS THAT YOU HAVE PAID TO NN AS A SELLER IN THE LAST SIX (6) MONTHS], OR, (2) [ONE HUNDRED U.S. DOLLARS (USD $100)].

    THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

    [OUR LICENSORS AND SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT. UNLESS SUCH RESTRICTION IS PROHIBITED BY APPLICABLE LAW, YOU MAY NOT BRING ANY CLAIM UNDER THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES.] 

4. CLAIMS AND DISPUTE RESOLUTION PROCESS

You and NN each agree that all disputes and claims that have arisen or may arise between you and NN relating in any way to or arising out of: 1) these, or previous versions of these, terms and conditions, 2) your use of or access to this Site, 3) any Merchandise sold, offered, or purchased through this Site, or 4) any payments processed for Merchandise sold, offered or purchased through this Site, shall be resolved by the dispute resolution process set forth in this Article IV.  Please note that any claim that is not resolved directly between you and NN WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, and such claims may not be brought in state or federal courts.  YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT.

Arbitration is more informal than a lawsuit filed in court.  It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts.  You and NN agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.  Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.  Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding.  An arbitrator may not consolidate multiple people’s claims.  The arbitrator will not have authority to award damages in excess of the amount allowed by these terms and conditions.  The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement.  All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties.  The arbitration award shall be final and binding upon the parties without appeal or review except, if applicable, as required by California law or United States federal law.  This Article does not preclude from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  Notwithstanding anything to the contrary herein, any change made to this Article may be rejected by you within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Article language will apply

The first step if you have a dispute or want to bring a claim is to notify NN by emailing support@preownedweddingdresses.com with a brief description of your issue and, if applicable,  the Merchandise you offered, sold, or purchased and the applicable Seller or Buyer.  For a period of 60 days from the date of your email, we will try to resolve your dispute or claim, and you and NN agree to conduct these discussions in good faith. You will be responsible for any costs or fees you incur for or during these discussions.

If you and NN cannot reach a mutually acceptable resolution within such 60 days, you or NN may commence an arbitration proceeding.  To commence arbitration, you or NN will be required to notify the other in writing of its intent to invoke arbitration and follow all requirements of the American Arbitration Association (“AAA”) and its Commercial Arbitration Rules.  The arbitration proceeding will be conducted in Nassau County, New York, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic or video hearing unless in-person arbitration is required by AAA’s Commercial Arbitration Rules.  Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes.  Notwithstanding the foregoing, NN may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

5. PRIVACY POLICY

See Privacy policy here.

6. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

NN respects the intellectual property of others and asks that our Users do the same. [Although NN is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable.] 

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide NN's Agent for Notice with the following information (your “Notice of Infringement”): 

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on the NN Site, with enough detail that we find it on the Site (in most circumstances, we will need a URL);

(4) your address, telephone number, and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its owner, or the law, and why;

(6) a statement by you, made under penalty of perjury, that the above information in your Notice of Infringement is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

In some circumstances, in order to notify the User who provided the allegedly infringing content to which NN has disabled access, NN may forward a copy of a Notice of Infringement to the allegedly infringing User. 

If your work is removed because a Notice of Infringement was delivered with respect to your work, please provide NN's Agent for Notice with the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(2) your address, telephone number, and email address;

(3) a statement by you that you have a good faith belief that the disputed use is authorized by the copyright or intellectual property owner, its owner, or the law, and why;

(4) a consent to submitting to federal courts located in the Nassau County, New York and a statement to accept service of process regarding the alleged infringement.  

NN will endeavor to resolve counter-notices in [30] days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact our Copyright Agent at support@preownedweddingdresses.com (Subject line: Takedown Request), or through mail at:

PreOwnedWeddingDresses o/a Nearly Newlywed
65 Hemlock Dr
Roslyn, NY 11576

Attn: Copyright Agent

Last updated: [September 13, 2024]

 

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