Terms and Conditions
BougieHabit LLC and its subsidiaries, affiliates, and assigns (“BougieHabit,” “us,” “our” or “we”) offers services ("Services") through which you can sell or consign your Luxury (“item” or "items") after receiving an offer from BougieHabit (“Offer”) and identifying your item and its condition and completing check-out on the BougieHabit Website ("sell"). You must agree to abide by the following terms in order to use the BougieHabit Website and Services provided. BougieHabit is an independent company and is not affiliated with any designer brand Sold on or through the Service.
BY ESTABLISHING AN ACCOUNT WITH, OR BY USING BOUGIEHABIT'S WEBSITE(S) AND SERVICES, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME AND AT ANY TIME BY POSTING THE AMENDED TERMS ON BOUGIEHABIT'S WEBSITE(S). ANY AMENDED TERMS SHALL AUTOMATICALLY BECOME EFFECTIVE IMMEDIATELY UPON POSTING
The parties declare that BougieHabit LLC conducts the business of selling authentic high end luxury merchandise to the end consumer. You warrant that the item(s) are not counterfeit.
BougieHabit reserves the right to terminate or suspend your use of any BougieHabit Website and Service if you do not comply with this Agreement or any of BougieHabit policies or procedures, or for any other reason we may determine, at our sole discretion.
These terms govern any Offer you receive to sell your item(s) to or through BougieHabit's website(s). These terms shall also govern your use of any BougieHabit's website ("BougieHabit Websites"), as outlined in the Website User Agreement, the Services and any and all applications included therein, which terms are located at https://www.bougiehabit.com/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and BougieHabit ("Agreement"). You acknowledge that this Agreement is in an electronic format and has the same force, validity, and effect as an agreement made in writing. In this Agreement, the term "you" or "your'' means an individual or entity exercising rights under this Agreement.
In order to submit an item or to complete any other transaction with BougieHabit, you must: (a) provide an accurate, true, and up to date account information about yourself and any item you submit to us; (b) comply with all terms and conditions of this Agreement; (c) comply with all applicable laws and regulations, including all import and export laws; (d) transact on behalf of yourself and not on behalf of others; and (e) be at least eighteen (18) years of age and have the legal competency and capacity to enter into legally binding agreements, and (f) be able to convey clear and unencumbered title and interest in any item that you send to us.
Selling to Us
This section is applicable to you if you sell your item(s) to BougieHabit LLC. You agree to sell and relinquish all right, title, and interest to the item(s) to us for an amount equal to the offer price.
BougieHabit constantly evaluates Quotes based on a variety of factors, including market conditions and condition of the item. BougieHabit does not price match other companies and does not provide price adjustments once a payment is complete.
All offers are valid for fourteen (14) days. Item(s) must be shipped and received within that time frame. If received outside of this period, BougieHabit shall re-evaluate your item and price it at the CURRENT market value.
You must include all accessories included in your description on which we based the Offer. Your failure to include any items you represented to us when the Offer was calculated or sending us an item which does not match your original description, may modify the final value of your item and may result in a revised offer amount.
BougieHabit has the sole discretion to make the final evaluation of all items sent to BougieHabit. BougieHabit will notify you if there is a change in the pricing of your item and you will then have THREE (3) days to accept the new Offer. If you have not contacted us within those THREE (3) days, BougieHabit shall presume you have accepted the new Offer and proceed with sending you the payment for the adjustment in the form of payment you have selected.
BougieHabit determines, in its sole discretion, which items to accept through the Services and BougieHabit Websites and for which eligible items BougieHabit will provide an Offer. BougieHabit may terminate the eligibility of certain items at any time and without advance notice.
Any Offer by BougieHabit for your item(s) quote or consignment is nontransferable and not redeemable for any other consideration other than as outlined in the Offer.
After sending the item to BougieHabit for a quote sale, BougieHabit cannot and does not guarantee that it will be able to honor any request for return of the item. If BougieHabit provides you a new Offer because BougieHabit's evaluators determine your own assessment of your item(s) is inaccurate, and you decline the new Offer, BougieHabit will return your item(s) to you and a return fee may apply. Please note for an offer with multiple items, ONLY items with an adjusted offer can be approved for return.
This section is applicable to you if you consign your item(s) with BougieHabit LLC. You own the item. Under the terms and conditions of this Agreement, You (the Consignor) grants the right to sell the item to BougieHabit LLC. Title of the item will remain with the Consignor until the item is purchased. You (the Consignor) grant this right exclusively.
We charge a flat fee of
40% of the sale price for items sold under $499
30% of the sale price for items sold between $500 and $2,999
20% of the sale price for items sold over $3,000
- Shipping & handling
- Professional photography
- Marketplace fees
- Expert market research
- Customer service
- Fraud protection
- Free Trial Offer (Limited Time):
Receive 100% commission on first sold item when you consign 5 or more items; less marketing, shipping, processing fees. Promotion is for new consignors only and can only be applied once per consignor. Five or more authentic items must be sent in your first Offer. This promotion does not apply to collectables.
The Consignment period shall begin on the date the items are listed and shall continue for a period of SIX (6) months. If there are items that have not sold after this timeframe, you may contact us to arrange for their return, or you may elect to donate them to the charity that BougieHabit LLC is supporting.
- Returning consigned item(s)
Consigned items can only be requested for return after the consignment period is complete. In the event an item is returned damaged, you must notify us within SEVEN (7) days. If an item is lost in transit, you must notify us in writing within SEVEN (7) days of the day that You became aware or should have reasonably become aware of the alleged damage, theft, or loss. Please note ALL items that show proof of delivery by the carrier, will not be eligible for a claim.
BougieHabitLLC will make every effort to sell the item. Prices are determined by BougieHabit and markdowns will be taken at Our sole discretion.
To maintain BougieHabit's long term relationship with BougieHabit's customers, BougieHabit offers a referral program. More information and details can be found on the website and is subject to change without notice.
At any time during this contract BougieHabit LLC has the right to terminate business for any reason. At that point BougieHabit LLC will return all consignment items to you and is subject to a return fee.
Stolen & Counterfeit Item(s)
You are responsible for ensuring the authenticity of all item(s) you provide to us. If BougieHabit LLC cannot confirm the authenticity of any item you have provided, it shall have the right in its sole discretion to refuse to accept the item(s). If BougieHabit LLC determines at any time that an item is counterfeit, BougieHabit LLC shall notify you that it has made such a determination. Any item submitted that is found to be a counterfeit, or not authentic, You the seller/consigner will be charged an Authentication Fee of $75 per item OR $125 if the item is Hermes. If your item is found to be counterfeit then you will have THREE (3) business days to pay the authentication fee, after the THREE (3) business days your item will be discarded.
If a counterfeit item is given to us in a multiple item offer, we will deduct it from the qualifying items for sale from our free trial promotion.
You acknowledge and understand that BougieHabit LLC is subject to laws and regulations relating to claims that items are counterfeit, have been stolen, or otherwise violate applicable law. BougieHabit LLC takes such reports seriously and will cooperate with law enforcement in all investigations
Packing & Shipping:
Packing and shipping details provided to you by BougieHabit must be followed in order to avoid possible damage to or loss of the item during shipping. When packaging your item to send to BougieHabit, you must include all accessories included in your description. Once you have shipped out your item(s), please allow up to 7-10 business days for transit. Once we receive your item(s) BougieHabit LLC will send you an email to confirm receipt of the items. If any item(s) from your quote are missing in your shipped package, we will immediately contact you via email.
All items are insured against accidental damage whilst in transit from your FedEx or UPS drop-off for up to $100. If you'd like to fully insure your package, you can purchase our shipping insurance to cover the full value of your offer, during checkout, for a fee. Please note that BougieHabit will not be held liable for any damages incurred due to inadequate packaging.
Risk Of Loss
You are responsible for the risk-of-loss for the items sent to BougieHabit until delivery of the items to BougieHabit. BougieHabit's responsibility for risk-of-loss begins when BougieHabit begins its inspection of the items. In the event BougieHabit rejects or returns your items for any reason, BougieHabit's responsibility for risk-of-loss terminates once BougieHabit delivers the package containing the items to the carrier for return to you. In any event, you are responsible for any damages that may occur to your item while in transit.
Once BougieHabit has received your item(s) our evaluators will analyze each item to establish its authenticity, quality, and value. This can take a period of up to THREE (3) business days. Some items may require additional time due to special circumstances.
In order to receive payments for any items, you must provide us with current information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name.
BougieHabit shall not be responsible for communication errors should the contact information you provide be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from BougieHabit and BougieHabit is not responsible for any emails that are not received by you because they were blocked or filtered as spam. You expressly understand and agree that if you fail to provide us with accurate and up-to-date information about yourself: (a) BougieHabit shall not be responsible for any payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that BougieHabit has no obligation to you if any of your unclaimed funds are turned over to any governmental authority in accordance with applicable laws.
- 1. Payout for Consigned Items:
Payments are processed monthly and will reflect all sales and payments between the first and the last day of the month prior. Your check and invoice will reflect the completed sales from the previous month. Our payment schedule pays out on the Thursday following 30 days after the last sale of the prior month. Before paying out, any sales or marketing costs will be removed.
- 2. Payout for Items sold to us:
After BougieHabit has assessed the status of your Item BougieHabit will send your payout in the method you have selected or send you a new Offer if BougieHabit determines that your item(s) are not in accordance with the condition you had originally selected. You will have up to THREE (3) days to accept or decline this Offer. If you DO NOT respond within THREE (3) days, BougieHabit shall deem that you have accepted BougieHabit's Offer, and send you your payout.
Please allow up to THREE (3) days for payout processing via the method selected during checkout; Check, PayPal™, or Zelle. You always have the ability to track what stage of the process your item(s) are in from your BougieHabit account. Please note that if you select PayPal™, you will be responsible for the fee associated with any PayPal™ transaction.
State Sales Tax will apply to all items shipped to states and jurisdictions in which we are legally obligated to collect sales tax.
The Parties hereby acknowledge and agree that BougieHabit LLC has no responsibility or liability when it comes to your employment taxes and insurance, including payroll taxes, insurance premiums, wages, or other employment-related fees. You are exclusively liable for such fees and payments.
BougieHabit will inspect all items upon receipt and BougieHabit has the option to accept or reject the item, including without limitation, to reject any item: (a) not conforming to the description you provided to us, (b) modified, (c) not on our approved brand list, (d) does not meet our criteria as displayed on our item submission page and (e) damaged or lost in transit. In the event BougieHabit rejects the item for any of these reasons, the original Offer shall automatically expire and is immediately rescinded. BougieHabit reserves the right to revoke the original Offer and provide a revised Offer for the item if the item: (a) or materials are not as described, (b) is received by BougieHabit after the Delivery Period, or (c) is different from those identified when the Offer was calculated.
You shall ensure that the goods are clean, free of tear, no stains and in the condition you submitted, prior to sending to BougieHabit LLC. More specific condition definitions specific to the category and/ or type of item may be included on the BougieHabit LLC Website offer page. We reserve the right to accept or reject an item for any reason. If you send an item that we do not accept, you will have the option to recycle that item to us or be charged a return fee, which covers the cost of evaluation and in/outbound shipping labels. If we do not receive payment within 14 days, we will discard your item.
You expressly agree to fully comply with all import and export laws, regulations, rules of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any item without proper authorization from the United States or foreign government. You shall have responsibility for any and all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any item to BougieHabit in connection with a Quote or Consignment, including without limitation, valuation, classification and duties applicable with the import of any goods. PLEASE NOTE: United States trade sanctions generally prohibit the importation into the United States and its territories, either directly or indirectly, of most goods, technology, or services from, or which originated from certain countries, which are subject to change, including Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; and designated terrorists and narcotics traffickers. You shall not send any items to BougieHabit that violate this provision.
Bougiehabit cannot guarantee the accuracy of all information you receive in relation to your item as there may be typographical errors, technical inaccuracies, pricing errors or other errors or omissions. BougieHabit reserves the right, at any time prior to payment, to correct an error and change the Offer. In the event the item has already been sent to BougieHabit for Quote or Consignment, the changed Offer will become a New Offer which you may accept or reject.
You expressly agree to transact with us electronically, including without limitation, agreeing to terms and conditions of Offers. You authorize BougieHabit to provide you with terms and important notices about BougieHabit and your transactions to an email address you provide to us or by posting notices on BougieHabit Websites. It is your duty to keep your email address current, accurate and up to date and to maintain a valid email address and to ensure that emails sent to you are not filtered or stopped by spam filters or other types of email blocking functions. If you no longer desire to transact electronically with us, you may no longer use the BougieHabit Websites or the Services. You can retrieve and review this Agreement by clicking on the "Terms and Conditions" link at https://www.bougiehabit.com/terms-and-conditions.
You are responsible for obtaining, at your own expense, all equipment and services needed to access and use the Website, including all devices, internet browsers and internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for any and all fees your carrier may charge you for data, text messaging and other wireless access or communications services.
By using BougieHabit Websites, you agree not to access any of the Services by any means other than through the user interface provided by BougieHabit, and not to engage in any other activity that interferes with or disrupts the Services or performance of the BougieHabit Websites. Specifically, you may not access or use any of BougieHabit Websites or Services using scripts, web crawlers or any similar methods.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH BougieHabit WILL MEET YOUR REQUIREMENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BougieHabit OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "BougieHabit PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH BougieHabit UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BougieHabit AND THE BougieHabit PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND BougieHabit WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) FIFTY AND 00/100 DOLLARS ($50.00). THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree to indemnify, defend, and hold harmless BougieHabit and the BougieHabit Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation or breach of any representation or obligation under this Agreement. BougieHabit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of any such claim.
This Agreement constitutes the entire agreement between you and BougieHabit with respect to the subject matter herein. No waiver by BougieHabit of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The BougieHabit Website(s) and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. BougieHabit therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. BougieHabit does not, however, guarantee that any or all errors, inaccuracies, or omissions will be corrected.
BougieHabit reserves the right to modify this Agreement at any time without notice to you. If you do not agree to the changes, you shall discontinue using the BougieHabit Websites and the Services. Your continued use of any BougieHabit Website and Services after any such changes take effect constitutes your express acceptance to such changes. Each time you submit a item for sale to BougieHabit, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the BougieHabit Websites and/or the BougieHabit Websites. The last date of revisions to this Agreement is set forth below.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and to the exclusion of the law of any other forum.
EXCEPT AS MAY BE PRECLUDED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM BETWEEN YOU AND BougieHabit ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ALLEGED BREACH HEREOF OR THE RELATIONSHIP CREATED HEREBY, INCLUDING ANY ISSUES PERTAINING TO THE ARBITRABILITY OF SUCH CONTROVERSY OR CLAIM AND ANY CLAIM THAT THIS AGREEMENT OR ANY PART HEREOF IS INVALID, ILLEGAL, OR OTHERWISE VOIDABLE OR VOID, SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BEFORE AND IN ACCORDANCE WITH THE DISPUTE RESOLUTION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), BY ONE ARBITRATOR SELECTED BY YOU AND BougieHabit. YOU AND BougieHabit SHALL INITIALLY SHARE EQUALLY THE ARBITRATOR'S FEES AND COSTS. IF EITHER PARTY FAILS TO TIMELY PAY ITS SHARE OF THE FEES AND COSTS, THE ARBITRATOR SHALL ENTER A DEFAULT AGAINST THE NON-PAYING PARTY ON THE CLAIMS AND DEFENSES IN THE MATTER, PROVIDED, THAT BougieHabit RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO ADVANCE YOUR SHARE OF THE COSTS OF ANY ARBITRATION PROCEEDING IN ORDER FOR SUCH ARBITRATION PROCEEDING TO TAKE PLACE AND BY DOING SO SHALL NOT BE DEEMED TO HAVE WAIVED OR RELINQUISHED BougieHabit'S RIGHT TO SEEK THE RECOVERY OF THOSE COSTS IN ACCORDANCE WITH THIS SECTION. THE ARBITRAL DECISION, WHETHER BY DEFAULT OR AFTER HEARING, SHALL BE BINDING AND CONCLUSIVE ON YOU AND BougieHabit. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE PROCEEDINGS SHALL BE HELD IN LAKE MARY, FLORIDA. A LEGAL JUDGMENT BASED UPON THE ARBITRATOR'S AWARD MAY BE ENTERED IN ANY COURT IN AND FOR SEMINOLE COUNTY, FLORIDA HAVING JURISDICTION OVER THE MATTER. THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO AN AWARD AGAINST THE NON-PREVAILING PARTY REIMBURSING THE ARBITRATOR'S FEES AND COSTS IT ADVANCED AND FOR PAYMENT OF ALL ATTORNEYS' FEES AND COSTS RELATING TO THE ARBITRATION. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT TO ARBITRATE CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY ON ANY MATTERS COVERED BY THIS AGREEMENT TO ARBITRATE.
BougieHabit reserves the right to investigate complaints or reported violations of this Agreement and take any action BougieHabit deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and Website traffic information. BougieHabit reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block access from a particular internet address to any BougieHabit website. This Agreement incorporates by reference any agreements contained on the Website and constitutes the entire agreement with respect to access to and use of the Website.
A customer that engages in business with BougieHabit via an affiliated website understands that BougieHabit shall NOT be responsible for any concerns the customer may have beyond the scope of the terms and conditions as outlined in this Agreement. Any such issue should be taken directly to the company with which you have the grievance and NOT BougieHabit.
All content on BougieHabit including content, images, technologies etc. are the SOLE property of BougieHabit and are protected by trademark laws. Content may NOT be used or copied without the consent of BougieHabit.
If any provision of this Agreement is found to be unlawful, void, invalid or unenforceable, that provision will be severed from this Agreement and the remainder of this Agreement shall continue to be binding and enforceable.
All Offers shall be based on BougieHabit's own determination of the item value in reliance on the accuracy of the information you supply us. BougieHabit will use its sole discretion to determine the item value, considering factors which include the item's model, functionality and condition and whether item accessories have been provided by you. Upon receiving an Offer, you have the option of accepting or rejecting that Offer. Acceptance indicates you are willing to provide your item to BougieHabit at the price contained in the Offer. If you do not accept BougieHabit's Offer, that specific transaction immediately expires. If after rejecting the Offer you decide you want to accept the Offer, you will need to open another transaction with BougieHabit, assuming the item is still eligible for purchase, and the new Offer may be different as item prices are subject to change. The condition of items may vary between categories and types of items.
You must have all legal right, title, and interest in any and all items you seek to sell or consign to BougieHabit.
The items, sale, and shipment of such items to BougieHabit: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws, (b) must not infringe on any third party's intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the items are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due.
In using the Services of BougieHabit, you expressly agree to indemnify BougieHabit from all claims or losses sustained by BougieHabit as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, internet or any similar service on your item prior to selling it to BougieHabit. BougieHabit shall not be responsible for any service charges related to your item, whether you incur such charges before, during or after your use of the Services. It is also your sole responsibility to remove any security codes that would prevent the use of any item.
Last Updated: August 5th, 2022