Resale Agreement

PREGANISTA LLC

Resale Agreement

(Last revised on November 22, 2016)

 

Welcome! Thanks for reselling your maternity clothing and accessories with Preganista LLC d/b/a PREGASTYLE. We are pleased that you want to become a part of our online resale store community and look forward to working with you (“you,” “your” or “Reseller”). Please read this agreement (the “Agreement”) thoroughly. By clicking “I Agree” you are confirming your consent to be bound by the terms of this Agreement (your “Consent”). We reserve the right to refuse to work with any reseller who has failed to agree to be bound by or comply with the following rules. References hereafter to “pregastyle.com,” “PREGASTYLE,” “Preganista,” “Preganista LLC,” “we,” “us,” or “our” refer to the company PREGANISTA LLC.

I. RULES GOVERNING ITEMS FOR RESALE

SELECTION GUIDELINES

Our goal is to provide high quality items for our customers; this is the basis for Our selection guidelines. Presentation is everything; the cleaner and nicer it is, the more it will be worth for you!

Only maternity clothing or accessories in excellent condition should be submitted for resale.

All items submitted for resale must be cleaned, dry cleaned, or laundered and pressed (as appropriate) before submission.

We reserve the right to accept and purchase only those select items which we, in our sole opinion, believe we can sell. We will refuse items that do not meet that standard. Please note that brand, condition, customer demand, and current supply levels are taken into account when making a determination to accept items for resale.

Our decisions on acceptance and pricing of items are final.

Clothing Submissions

  • We only accept maternity clothing and maternity accessories.

  • We take all sizes.

  • All clothing must be clean and smoke free.

  • Make sure each item is in excellent condition and has no: holes, stains, tears, fading, pilling, obscenity, broken zippers, pet hair, excessive wear, smoke, missing or damaged tags, alterations, fringing of seams, spider-webbing, peeling or cracked graphics, mothballs, dust, or mold.

  • All buttons, zippers, accessories and snaps must be in working order.

  • Please reference Our website for items and brands we love to purchase and sell.

 Submission Restrictions

 We do not accept bras, underwear, shoes, or stolen goods.

 Submitted Items Not Accepted for Resale

All items become property of PREGASTYLE once a Reseller’s shipped items are received by PREGASTYLE, unless the Reseller opted-in to the RETURNity Option when they requested their clutter bag.

All shipped items received by PREGASTYLE will either be purchased from the Reseller for resale by PREGASTYLE according to the payment terms below, or will be donated to a local charity of our choosing on behalf of PREGASTYLE or otherwise disposed of.

FOR THE AVOIDANCE OF DOUBT, PLEASE NOTE THAT BY SHIPPING ANY ITEMS TO PREGASTYLE WITHOUT SELECTING THE RETURNITY OPTION, YOU ARE AGREEING THAT ITEMS PREGASTYLE RECEIVES AND DETERMINES, IN ITS SOLE DISCRETION, NOT TO SELL BECOME PROPERTY OF PREGASTYLE.

Security of Shipped Items

Items shipped to PREGASTYLE are shipped at the risk of the Reseller. We will do our best to safeguard your items, but PREGASTYLE is not responsible for loss or damage by handling, fire, theft, shoplifting, accident, or any other cause.

II. PAYMENT

Resellers are paid by PREGASTYLE based on a sale price (the “Sale Price”), with payment amount calculated according to the following chart:

 

PREGASTYLE Sale Price

Payment to Reseller

$0 - $14.99

10%

$15.00 - $24.99

15%

$25.00 - $39.99

20%

$40.00 - $59.99

25%

$60.00 - $89.99

35%

$90.00 - $149.99

40%

$150.00 - $299.99

50%

$300.00 and up

60%

 

 The Sale Price is determined by PREGASTYLE in its sole discretion and is typically 40–70% of the original retail price. Once the shipped items in the clutter bag have been received and processed (typically 1–3 weeks from receipt), Resellers are paid for accepted items via PayPal.

 

III.       LIABILITY:

PREGASTYLE will not be held liable for any Reseller losses. Reseller agrees to indemnify and hold harmless PREGASTYLE against any damages or claims that may arise in connection with the Reseller’s activities in connection with PREGASTYLE.

RESELLER’S AGREED TERMS

In addition to the terms listed herein, you explicitly agree to the following:

  • Not to use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site;

  • Not to create more than one account per person;

  • Not to seek compensation for items you explicitly send to us that are not selected for resale;

  • Not to request the return of items you send to us, unless you chose the RETURNity option in advance;

  • Not to circumvent or manipulate the fee structure, the billing process, or fees owed to PREGASTYLE; and

  • To be bound by the PREGASTYLE Terms and Conditions and Privacy Policy.

ADDITIONAL TERMS AND CONDITIONS

Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Connecticut, without regard to its conflict of law provisions. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Connecticut, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Connecticut, such personal jurisdiction shall be nonexclusive. Our failure to enforce any of the terms of this Agreement is not a waiver of any rights. If any provisions in this Agreement are found to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions will remain in effect.

Termination. This Agreement shall be effective as of the date your Consent. This Agreement may be terminated by either party upon seven (7) days’ written notice to the other party, which writing may be by email. Unless terminated sooner, this Agreement terminates two years after the last transaction between the parties. The obligations and liabilities in this Agreement survive the termination of this Agreement for all purposes.

Entire Agreement. This Agreement constitutes the entire Agreement between you and us, and governs your reseller relationship with us. This Agreement supersedes any prior or contemporaneous Agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement).

Indemnification. You agree that you will indemnify and hold harmless Preganista LLC, its successors and assigns, and its members, directors, officers, employees, and agents against any and all claims, liability, damages, and costs and expenses (including reasonable legal fees and expenses) arising out of or related to your breach of this Agreement.

Limitation of Liability. You agree that Preganista LLC, its successors and assigns, and its members, directors, officers, employees, and agents are not and will not be liable for any special, incidental, indirect, or consequential damages of any kind arising out of or in connection with this Agreement.

No Employee Relationship. By entering this Agreement, no employer/employee relationship is formed. The parties recognize and agree that you will not be considered an employee of Preganista LLC for any purpose whatsoever,

Section Headings. Section headings are inserted for convenience only and shall not be used in any way to construe the terms of this Agreement.end of agreement. your electronic consent of this document will be treated as your execution of this agreement and your consent to be bound by the terms hereof. for the avoidance of doubt, this paragraph concludes the agreement.