TERMS OF USE

Who are we?


Chrysalis Costume Exchange (“Chrysalis”) functions as a resale marketplace, offering a convenient option for buying and selling quality secondhand costumes and accessories. Please note Chrysalis is an independent reseller of new and like-new costume-related merchandise as well as a platform providing for other independent costume sellers.

Your Consent

By browsing and otherwise utilizing our websites, mobile apps, and other services (“Services”), you hereby agree to be bound by the terms and conditions contained herein.

Resale on Chrysalis

Upon your request, Chrysalis shall provide you with a large, empty 28”x28” Costume Cleanout bag. You then place costumes you want to sell in the shipping bag and return the filled bags by mail to our facility. Our team will then evaluate the items sent. Worn out, ripped, incomplete costumes, will not be accepted. After the costumes have been processed, Chrysalis will inform you whether any of your items qualify for listing on our marketplace and whether such listed items qualify for upfront payout or consignment. Any such determinations, including without limitation: (i) whether an item is accepted or rejected, (ii) whether an accepted item is listed for upfront payout or consignment, (iii) the upfront payout amount offered for an item or (iv) the listing price for a consignment item, will be made in Chrysalis’ sole discretion and may be based on a variety of factors including seasonality and the composition of our existing inventory.

Items listed for an upfront payout will become property of Chrysalis and your account will be automatically credited with your payout amount. For items designated for consignment, Chrysalis will set the initial sale price for consigned items in accordance with our evaluation. Once the consigned item is sold, your account will be credited with your consignment payout. 

User is responsible for the cost of shipping and handling of items sent in the shipping garment bags provided by Chrysalis. These costs shall be deducted from the User in the payout amount credited to the User’s account. At the time the User requests a shipping garment bag, User may elect “Return Assurance” for an additional fee of $10 Dollars, wherein unaccepted items will be shipped back to the User.   

Pricing

We strive to provide fair and accurate pricing information. Our reference prices are set by a seasoned team of merchants who monitor market prices for the brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.

Returns and Refunds

If you are dissatisfied with a product purchased on our marketplace we will work with you to find a solution. If a product offered by Chrysalis is not as described, you may return it in unused condition to receive a refund. All returned items must be in the exact condition they were received upon delivery in order for them to be eligible for refund. Products that have been damaged or otherwise altered after delivery, will not be accepted for a refund. Photograph the product for your records before returning it for a refund.

With regard to 3rd party sellers, we cannot provide 100% assurance the seller’s product is as advertised or meets our quality standards. However, we have several layers of user protection, including seller reviews, dispute resolution, and seller verification to keep all parties safe. In the event of returns from 3rd party sales, the following procedures must be followed before a you will be eligible for a refund: (i) Your dispute must be filed within 24 hours from time of delivery; (ii) Photographs of the objectionable product must be sent to Chrysalis; (iii) a negative review must be filed against the offending seller; (iv) the offending product must be returned to Chrysalis through our standard return process. Any refunds offered will be in the form of Chrysalis store credit only, and will be credited to you after the legitimacy of yur dispute has been verified by Chrysalis. For further information regarding disputes between Users,  please refer to section below titled “Disputes with Other Users.”

Sales between Users

Chrysalis also offers a platform for User to User transactions. When you make a sale through Chrysalis, you will be charged a transaction fee of 3% of the price you display for each listing.

User may use Chrysalis’ services to list costumes for sale to other Users as long as the listings comply with these Terms. Chrysalis may remove any listings that violate our policies. Chrysalis may also suspend or terminate your account for any violations. Chrysalis charges a 30 cent transaction fee to cover our third party payment costs.

If you sell from the US or Canada, the transaction fee will not apply to the shipping cost, sales tax, Goods and Services Tax, or Harmonized Sales Tax, unless you have included those charges in your listing price. If you sell from anywhere other than the US and Canada, the transaction fee will apply to the listing price (which should include any applicable taxes), but will not apply to the shipping cost. See the Taxes section below for more information about whether or not you are required to include applicable taxes in your listing prices. Transaction fees will appear on your Chrysalis order summary.

Enforcement of Integrity for User to User Sales

Sellers are responsible for the fulfillment of  their orders, and the prompt shipping of items to buyers. 

Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Chrysalis. This includes, for example, encouraging buyers to purchase an item in seller’s Chrysalis listings through another venue. The price stated in each listing description must be an accurate representation of the sale. Sellers may not charge excessive shipping fees. Sellers may not alter the item's price after a sale for the purpose of avoiding transaction fees, misrepresent the item’s location, or use another user's account without permission.

Sellers are responsible for collecting and paying any taxes associated with using and making sales through the Services. If you reside in the US or Canada, you have the option of either including applicable taxes in your listing prices, or excluding applicable taxes from your listing prices and then using our sales tax tool to calculate the tax owed on each sale. If you reside outside of the US and Canada, you need to include all applicable taxes in your listing prices. Please remember that  fees do not include any withholding taxes that might apply in your home country. You are required to pay Chrysalis the full amount of our fees and may not deduct any applicable withholding taxes from that amount. Please also note that some countries require Chrysalis to charge VAT on certain fees that you may be charged in accordance with this policy, and that the fees listed in this policy do not include that VAT. 

Your Account 

In order to use our Services, each user shall be required to create an  account under the following requirements:

    A.    All account holders must be the age of eighteen (18) years or older. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use our Services.

    B.    Provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.

    C.    You may not select a username that is offensive, vulgar, or infringes someone’s intellectual property rights. 

    D.    You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to these Terms of Use on behalf of the business. Also, your accounts are not transferable.

    E.    These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Chrysalis.

Your Content

Content that you post using our Services is your content (“Your Content”). Your Content includes anything you post using our Services, like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.

A.    You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B.     By posting Your Content through our Services, you grant Chrysalis a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help Chrysalis function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your listings.

C.    By posting Your Content, you grant Chrysalis a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Chrysalis, or the Services in general, in any formats and through any channels, including across any Chrysalis Services or third-party website or advertising medium.

D.    Chrysalis has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

E.    You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of these Terms of Use. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms of Use and the following restrictions in particular:

A.    You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Chrysalis, another user, or a third party.

B.    You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. 

C.    You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

D.    The names “Chrysalis Costume Exchange” and "Chrysalis," and the other Chrysalis marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Chrysalis in the US and other countries. 

Termination

A.    Termination By You. You may terminate your account with Chrysalis at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still be responsible for any outstanding fees or charges. 

B.    Termination By Chrysalis. If you violate the letter or spirit of the Terms of Use, abuse the Services, or otherwise create risk or possible legal exposure to Chrysalis, Chrysalis can terminate or suspend your account and access to the Services at Chrysalis’ sole discretion. Chrysalis will use commercially reasonable efforts to notify you by email or at the next time you attempt to access your account. If Chrysalis exercises its right to suspend or terminate your account and access to the Services for violating these Terms of Use, it is important to understand that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. 
Upon termination or suspension of your account for any reason, (i) you will immediately cease all use of the Services; (ii) you will have no further access to your accounts provided by Chrysalis; and (iii) you will pay Chrysalis all unpaid amounts owing to Chrysalis.

If you or Chrysalis terminate your account, you may lose any information associated with your account, including Your Content.

Chrysalis reserves the right to change, suspend, or discontinue any of the Services for any reason. Chrysalis will use commercially reasonable efforts to notify you by email or at the next time you attempt to access your account of any such changes, suspensions, or discontinuance of Services. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

The Terms of Use will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability

Any legal claim related to an item you purchase, which is NOT manufactured by Chrysalis, must be brought directly against the seller of the item. You release Chrysalis from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (such as product liability claims). 

Chrysalis only warrants the cleanliness and merchantability of items purchased from other members or users.

Except as expressly provided herein, to the greatest extent permitted by applicable law, Chrysalis expressly excludes and disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the generality of the foregoing, Chrysalis specifically disclaims all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality, and noninfringement, that its Services will meet your requirements, or that its Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. No advice or information, whether oral or in writing, obtained from Chrysalis or elsewhere will create any warranty or condition not expressly stated in these Terms of Use. 

Except as expressly provided herein, the Services are provided on an “as is” basis. You expressly agree that your use of the Chrysalis Services is at your sole risk. Chrysalis disclaims any and all responsibility or liability in relation to the content made available through the Services, including the customer content and mentions, or any content or services provided by third parties. Chrysalis does not control or vet customer content or mentions and is not responsible for what users post, transmit, or share on or through the Services. Chrysalis is not responsible or liable in any manner for any third-party services associated or utilized in connection with the Services, including the failure of any such third-party services. Chrysalis expressly denies any responsibility resulting from hacking, tampering, or other unauthorized access or use of the Services or you account or the information contained therein. 

To the full extent permissible by law, Chrysalis will not be liable for any damages or any kind arising from the use of Chrysalis’ Services, or from any information, content, materials, products or other services included on or otherwise made available to you through Chrysalis’ Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. 

If you are dissatisfied or harmed by Chrysalis or anything related to Chrysalis, you may cancel your Chrysalis account and terminate your Chrysalis account in accordance with the Termination section of these Terms of Use, and such termination shall be your sole and exclusive remedy and Chrysalis’ sole and exclusive liability. 

Indemnification 

In the event that a claim or legal action is commenced against Chrysalis due to or arising in any way from your acts or omissions, you agree to defend and indemnify Chrysalis. This includes retaining, at your sole cost, legal counsel to defend Chrysalis (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms of Use, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, including our choice of defense counsel, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with Other Users

If you find yourself in a dispute with another user or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our resolution process. Chrysalis will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Chrysalis has no obligation to resolve any disputes.

You release Chrysalis from any claims, demands, and damages arising out of disputes with other users or parties.

Disputes with Chrysalis 

A.    Governing Law. These Terms of Use are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B.    Arbitration. You and Chrysalis agree that any dispute or claim arising from or relating to the Terms of Use shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms of Use will take place on an individual basis—--class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms of Use, you and Chrysalis are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C.    Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Chrysalis will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. 

D.    Forum. Any legal action against Chrysalis related to our Services must be filed and take place in New York, New York. That means the seat of any arbitration shall be New York, New York. For any actions not subject to arbitration, you and Chrysalis agree to submit to the personal jurisdiction of a state court located in New York County, New York or the United States District Court for the Southern District of New York.

E.    Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms of Use and any action related to the Terms of Use will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.

Changes to the Terms of Use

We may update these Terms of Use from time to time. If we believe that the changes are material, we will notify you by one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms of Use.

Miscellaneous

The Terms of Use, including all of the policies that make up the Terms of Use, supersede any other agreement between you and Chrysalis regarding the Services. If any part of the Terms of Use is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect. Our failure to enforce any part of the Terms of Use is not a waiver of our right to later enforce that or any other part of the Terms of Use. We may assign any of our rights and obligations under the Terms of Use.

Contact Information

If you have any questions about the Terms of Use, please email us at: support@chrysaliscostumes.com
 

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