Terms of Use
These Seller Terms create a contract between you and Love Me Once Twice if you supply items to Love Me Once Twice.
HOW IT WORKS
Love Me Once Twice inspects and assesses the items shipped to us or dropped off locally. After your shipment has been processed, Love Me Once Twice will inform you if any of your items have been accepted for purchase and offer a one time payment in exchange for the items accepted.
Except as otherwise stated, the risk of loss for all shipments passes to you upon delivery to the carrier.
ITEM ACCEPTANCE POLICY
Love Me Once Twice has strict brand and condition acceptance policies and we reserve the right to reject an item for any reason. Every item will be reviewed to determine overall condition including whether the item is: 1) in new or like-new condition; 2) is free from odors and pet hair; 3) is free from stains, pilling, holes or any other signs of excessive wear; 3) is in season and on trend; 4) is an authentically branded item; 5) is not currently recalled.
ITEMS THAT ARE NOT ACCEPTED
Items that are not accepted for purchase will not be returned to you and will be donated to a local charity on your behalf. Return shipping is not offered at this time.
YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
You hereby represent and warrant that (a) you have good and marketable title to each item of Property and have the right to sell the Property; (b) none of the Property is subject to any liens or other encumbrances; (c) the Property does not include stolen or counterfeit goods or goods that are illegal to sell; and (d) the Property does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, any state or federal law, or any administrative regulation.
PAYOUTS
Each item is assessed and resale value determined individually by our purchasing specialists. If an item is in very good to excellent condition, it is expected that the payout for an item is approximately 45% of one-third of the original retail value. The final purchasing price will also be influenced by factors including how on trend the item is and whether an item is highly sought after based on previously sold comparable items.
To ensure that you receive a proper payout, you must have an account in good standing with either Paypal or Venmo.
Title to Property
Love Me Once Twice will send confirmation of receipt of your shipment and once this confirmation is sent it is assumed that all items within the shipment are immediately the property of Love Me Once Twice.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE REGISTERING TO SELL
Love Me Once Twice is a children’s resale business that offers direct payment in exchange for new and preloved children’s clothing, shoes and accessories. The following Terms of Use constitute a legally binding agreement (the “Terms”) between you and Love Me Once Twice.
Please read these terms of use carefully. By Registering to Sell, shipping a package of items for purchase to Love Me Once Twice, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent) . If you do not wish to be bound by these Terms of Use, you may not access or use our purchasing services.
These Terms govern how claims you and Love Me Once Twice have against each other can be brought and will require you to submit claims you have against Love Me Once Twice to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not access or use our purchasing services.
Changes
We may revise these Terms, our policies, and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to these Terms as revised. We will always post the most current version here: Terms of Use. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you register to sell, and you may update it by submitting a new inquiry via the Contact Us page. Any changes or modifications to our Services and/or policies including but not limited to, Terms of Use will be effective upon posting of the revisions. Your continued use of the Services after the date of any such changes or modifications will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions. Please regularly check Terms of Use to view the then-current Terms. For each shipment sent, a new Register to Sell request must be submitted along with confirmation of acceptance of the current Terms of Use.
We want you to be satisfied with our Services. If you have concerns, please contact our Customer Service.
Feedback and User Content
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any products and (b) promote the Services and products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Electronic Communications
By Registering to Sell, you agree that you may receive communications from Love Me Once Twice, including, but not limited to, newsletters, promotions, special offers, reminders and updates.
When you use our Services or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of our emails or by contacting Customer Service through the Contact Us page.
Dispute Resolution; Binding Arbitration; Class Action Waiver
INFORMAL DISPUTE RESOLUTION
In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service through our Contact Us page.
If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
1. to Love Me Once Twice at:
Love Me Once Twice
650 North Cannon Ave
Suite 52
Lansdale, PA 19446
2. to you at: your last-used billing address or the billing and/or shipping address in your online profile.
You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
ARBITRATION AGREEMENT
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Love Me Once Twice expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration, unless otherwise required by law. Love Me Once Twice will provide such notice by email to your email address on file with Love Me Once Twice and you must provide such notice by email to lovemeoncetwice@gmail.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Dispute. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
The parties agree that the arbitration will be conducted by FairClaims (www.fairclaims.com) in accordance with their applicable arbitration rules and procedures effective at the time a claim is made. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. To begin an arbitration proceeding with FairClaims, you must follow the steps outlined by FairClaims’ How It Works page.
All aspects of the arbitration shall be kept confidential for the benefit of all parties, except as required by applicable law.
WAIVER OF RIGHT TO BRING CLASS ACTIONS AND REPRESENTATIVE CLAIMS
All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and Love Me Once Twice agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Love Me Once Twice hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
General Information
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Except as explicitly stated otherwise, any notices to Love Me Once Twice shall be given by certified mail, postage prepaid and return receipt requested to:
Love Me Once Twice
650 North Cannon Ave, Suite 200
Lansdale, PA 19446
Any notices to you shall be provided to you through the Services or given to you at the email address orphysical address you provide to Love Me Once Twice during the Register to Sell process.