Term and Conditions
Costumes4less Marketplace provides an online platform and related services that connects sellers and buyers seeking to respectively sell and buy goods and/or services. By accessing or using our site, you agree to be bound by this Costumes4less Marketplace user agreement. We may periodically make changes to this user agreement and shall notify you by posting a revised version on our site. The revised user agreement will become effective upon publication and your continued use of our site and services will constitute acceptance of the revised user agreement.
Costumes4less is a costume genre marketplace that allows registered users to buy (in this capacity, “buyer”) and sell (in this capacity, “seller”). The Seller (and not Costumes4less) sets the prices for the products. As a marketplace, HorroHhub LLC does not own the products sold on the site.
While Costumes4less may provide pricing, shipping, listing and other guidance on the site, such guidance is solely informational (without any warranty as to accuracy). Also, while we may help facilitate the resolution of disputes between buyer and seller, Costumes4less has no control over and does not guarantee the existence, quality, safety or legality of the products; the truth or accuracy of the user’s content or listings; the ability of sellers to sell products or buyers to pay for them; or that a buyer or seller will complete the transaction.
In order to list, sell or purchase products you must register an account with Costumes4less. You must be at least 18 years old and must be able to enter into legally binding contracts. If you are registering with Costumes4less for a business entity, you represent that you have the authority to legally bind that entity.
When opening an account you must provide complete and accurate information and provide us with a valid credit card, debit card or PayPal account. If your registration or payment information changes at any time, you must promptly update your details in your account. You acknowledge that Costumes4less may charge any one of your payment methods on file for amounts you owe us, costs we incur or other losses arising out of your violation of this agreement.
Costumes4less reserves the right to temporarily or permanently suspend accounts with incomplete or inaccurate information.
You are solely responsible for maintaining the confidentiality of your account information and password. You are solely responsible for any activity relating to your account. Your account is not transferable to another party.
Fees and Other Charges
Costumes4less may charge fees for selling and/or buying products through our site and/or otherwise using our services, as well as delivery or fulfillment fees (collectively referred to as “service fees”). Service fees may vary depending on product type and location. Costumes4less may in its sole and absolute discretion change its service fees at any time, including after you list your products. Any applicable service fees including any taxes if applicable will be disclosed to you prior to listing or buying a product. Costumes4less may charge and/or retain service fees if you do not fulfill your contractual obligations under this user agreement.
If you as a seller do not fulfill your contractual obligations under this user agreement and seller policies, Costumes4less may charge you certain fees and/or costs in accordance with the seller policies.
If you as a buyer change your postal address after you have purchased your product and require Costumes4less to deliver your product to this new postal address, or if you have specified an incorrect postal address, Costumes4less may charge you for any additional delivery costs which arise out of re-arranging the delivery of your product to the new correct postal address. Such additional costs may be charged to your payment method.
We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. Costumes4less, or the collection agency it retains, may also report information about your account the the credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
You must comply with all applicable laws and regulations and the terms of this user agreement and the seller policies when listing, selling and delivering your products.
When listing a product you must set a price for which you are willing to sell your product for. You may modify (e.g. raise or lower the price) or delete your listing anytime.
By listing a product for sale, you are making a binding offer to sell that product to a buyer who purchases the product at the sales price. When a buyer accepts your offer by purchasing your product through our site, you are contractually bound to deliver that exact product and within the required delivery timeframe. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may sellers cancel orders at on price and repost the same product for a higher price. Failure to fulfill your orders will lead to charges as stated in this user agreement and seller policies.
Costumes4less does not guarantee that your product will sell or that your listing will appear on the site within a certain time after it is posted or in a particular order on the products page or through search results. Costumes4less will not, for any reason, provide compensation for products that do not sell, even if it is due to site unavailability from an outage or maintenance or listing delays.
Sales tax is charged on ALL products shipped to destinations where states require once individual state sales tax thresholds are met.
Costumes4less, LLC will collect and remit sales taxes on behalf of vendors.
You agree to provide Costumes4less, LLC with your social security number or other tax identification number if necessary for Costumes4less to provide (without notice to you) information to the relevant tax authorities related to payments you receive from us and further authorize Costumes4less, LLC to release that information to the relevant tax authorities. The service fees include any applicable sales, use, excise, value added, service and other indirect taxes.
You are responsible for reading the complete listing before making a commitment to buy products. When placing an order, you are entering into a binding contract with the seller to purchase that product. Additional terms communicated to you by the seller may apply. Payment is remitted to Costumes4less and disbursed to the seller according to our payment services agreement for sellers or the user agreement. All sales are final. You cannot chance or cancel any orders after the sale is complete.
Payments received from buyers for products purchased via the site are processed by Costumes4less on behalf of the seller and credited to the seller in accordance with the seller policies and payment services agreement (as applicable). Without prejudice or limitation to the payment services agreement, seller appoints the relevant Costumes4less entity as its limited payment collection agent solely for the purpose of accepting funds from buyers on behalf or seller. Seller agrees that any payment made by buyer to Costumes4less shall be considered the same as a payment made directly to seller, and seller will make the product available to buyer in the agreed-upon manner as if seller had received the payment directly from buyer. Seller understands that Costumes4less’s obligation to pay seller is subject to and conditional upon successful receipt of the associated payments from buyer. Costumes4less guarantees payments to seller only fro such amounts that have been successfully received by Costumes4less from buyer. In accepting appointment as the limited payment collection agent of seller, Costumes4less assumes no liability for any acts or omissions of the seller.
Payments from buyers are due and payable immediately. A buyer can pay the full order amount which includes any applicable service fees and taxes using one of the accepted payment methods.
A buyer’s obligation to pay for a product is satisfied when Costumes4less or Costumes4less services has received the payment in full.
Term and Termination
The user agreement shall commence on the date that you register an account with Costumes4less and will continue for an indefinite period unless terminated in accordance with these provisions.
You may terminate this user agreement at any time by contacting customer service. In the event that you request that we close your account, we will treat your request as termination of this user agreement. Without limiting our rights, we may terminate this user agreement at any time by giving at least thirty (30) days notice via email to your registered email address. We will then close your account.
If you terminate this user agreement as a seller you are also terminating the payment services agreement as of the time of the termination of the user agreement taking effect.
Termination of this user agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
Site Changes and Availability
Costumes4less reserves the right at any time to modify or discontinue, temporarily or permanently, the site, the services or any part of the site or services with or without notice for any reason. Costumes4less performs regularly-scheduled maintenance. While we do our best to avoid customer impact, the site or our services may be temporarily unavailable during maintenance periods.
When using our site and services, you agree that you will not do any of the following:
- Contact or invite contact with other Costumes4less users for any reason other than the purpose for which you received the Costumes4less user’s contact information or solicit sales outside of Costumes4less;
- Use the buyer’s personal data for any reason other than delivery of products unless otherwise agreed to by the buyer;
- Behave in an abusive manner to any Costumes4less employee or other user;
- Breach or circumvent any laws;
- Post false, inaccurate, misleading, defamatory or libelous content;
- Fail to fulfill your contractual obligations regarding the sale or purchase of a product;
- Use Costumes4less’s trademark without our prior written permission;
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our site or services without the prior express written permission of Costumes4less and the appropriate third party, as applicable;
- Use any robot, spider, scraper or other automated means to access our site or services for any purpose without our express written permission;
- Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of our site or services or any activities conducted on or with our site or services;
- Commercialize any Costumes4less application or any information or software associated with such application;
- Export or re-export any Costumes4less application or tool except to compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions; or
- Do anything else that Costumes4less determines, in its sole reasonable discretion, misuses the site or services or otherwise negatively impacts our marketplace.
In our effort to protect our buyers and sellers we may screen sales and listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporarily or permanent suspension of accounts. If your transaction is canceled in error, or your account is suspended in error, please contact us and we may reinstate your account or listing, in our sold discretion.
You own and are solely responsible for any content including images, text, audio or other materials that you submit. By submitting user content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant Costumes4less the right to use your name or image in association with your user content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.
You represent and warrant that the user content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify Costumes4less for any and all claims resulting from your user content. Costumes4less has the right to but not the obligation to monitor, edit or remove your user content. The user content is non-confidential and Costumes4less will not be liable for its use or disclosure.
We may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties (including Costumes4less users). You may use catalog content solely in connection with your Costumes4less listings during the time your listings are on our site. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in their catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
If you submit ideas, suggestions, documents and/or proposals to Costumes4less, you do so voluntarily and with no expectation of confidentiality. By submitting ideas, you grant us ownership of the ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that Costumes4less may have something similar to the ideas under consideration or in development.
Protecting Intellectual Property Rights
Costumes4less respects intellectual property rights and we respond to notices of alleged infringement.
If you reside in the United States, and you find material on our site or services that you believe infringes your copyright or other intellectual property rights, please notify us and we will investigate.
Violating the Agreement
We may investigate any potential or suspected violations of the user agreement, additional policies, security protocols or best practices, third-party rights or applicable law; any actions or any other misconduct or potential abuse on or through the services or attempts. When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account, and shall in particular consider if the user is responsible for the misconduct.
We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this user agreement and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from local and foreign law enforcement or regulatory agencies, other government officials or authorized third-parties.
If you reside in the United States or Canada, You and Costumes4less each agree, except where prohibited by law, that any and all disputes or claims that have arisen or may arise between you and Costumes4less relating in any way to or arising out of this or previous versions of the user agreement or the breach or validity thereof, your use of or access to the site or services, or any products sold or purchased through the site or services shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association in accordance with its consumer arbitration rules, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual basis.
Rules for Listing Products
Providing accurate and complete information about your products during the listing process is one of the keys to becoming a successful seller and is a requirement to list on the site. If you do not follow all of the requirements in this section when listing your products, your listings may not appear on the site, your sale may be canceled, you may not get paid, you may incur fees, or you may be subject to other consequences specified in these seller policies.
- Accurately tell us when you’ll be able to send the products to buyers
- Select the right delivery method for your product type
- Enter accurate product info
- Include any required disclosures
- Include accurate product features and comments
- List valid products
- Comply with applicable law
- Manage your listings and sales closely
Rules for Getting Products to Buyers
When your products sell, your sale is not complete until the buyer receives the product from you. Completing a sale means following all of the steps to deliver the products you sold, on time and as promised in your listing.
As soon as your products sell, we’ll send you an email with a deadline to complete your sale. The deadline to complete your sale is based on whether you told us your product were in possession, and if not, the date you identified as your in hand date.
When sellers deliver products late, worried buyers contact us wondering why they haven’t received that product yet. And when a buyer gets products that don’t match the listing information, we may need to take various remedial actions for the buyer including providing refunds, etc. So if any of the information in your listing doesn’t exactly match the actual product you deliver to the buyer or if you don’t complete your sale on time, we may cancel your sale, you may not get paid, you may incur additional fees or you may be subject to other consequences as set out in these seller policies of the user agreement.
Reporting an issue; Consequences for dropped sales
We know things don’t always go as planned. You need to report an issue right away if you:
- Can’t send the product based on your in hand date
- Can’t deliver the product at all; or
- Need to offer replacement of a similar product.
You can report an issue by emailing customer support.
What is a dropped sale?
A dropped sale means any of the following:
- You cannot deliver the exact product
- You don’t have an acceptable replacement product
- The buyer or Costumes4less rejects your requested change and cancels the order
- Or, for any other reason, your fail to complete your sale.
Remember, reporting an issue to request a change to your sale doesn’t mean it has to be accepted by the buyer or Costumes4less.
It’s always your responsibility to report an issue immediately, no matter how much time as passed since you received your sale notification email.
Costumes4less monitors the frequency and rate at which you drop sales as compared to your total sales and we reserve the right, upon notice to you, to suspend your account if we determine that your dropped order rate has exceeded an acceptable level. Similarly, if you abuse the Costumes4less marketplace as determined by Costumes4less in its sole discretion including, without limitation, (i) dropping orders at one price and resisting the same product for higher prices, (ii) engaging in speculating listings, or (iii) other similar abuses of your obligations as a seller, you may be subject to an investigation and any applicable consequences.
Getting Paid, Paying Taxes and Tips on Avoiding Consequences
Getting paid for your sale:
Payment receipt times will vary depending on the payment method chosen by the seller. We’ll also send you an email to let you know the buyer received the product and we have begun processing your payment.
Costumes4less is not responsible in any way for the accuracy or suitability of any payment of any applicable taxes on your behalf.
Sales tax is charged on ALL products shipped to destinations where states require once individual state sales tax thresholds are met.
Costumes4less, LLC will collect and remit sales taxes based on the sales on Costumes4less Marketplace that meet individual state sales tax thresholds.
Other Things You’re Not Allowed to Do
We provide you with the buyer’s contact information so you can ship products to them. However, don’t use this information to contact the buyer for anything other than to delivering the product you sold to the buyer and do not tell a buyer that you are affiliated with Costumes4less.
You are not allowed to use the Costumes4less site or services to:
- Contact other Costumes4less users
- Ask other Costumes4less users to contact you
- buy, sell or deliver products outside of Costumes4less
It may be tempting and seems harmless to include materials in the package to buyers, but it’s against these seller policies. Here are examples of promotional or commercial information that you aren’t allowed to include in shipments:
- Contact information, promotional materials, etc
- Business cards or business reply cards
- Other marketing or advertising material
Payment Services Agreement for Sellers
- Costumes4less services does not in any way become a contractual partner to, or other participant in, the purchase contracts between buyers and sellers. The payment services provided by Costumes4less services are provided exclusively to sellers. As a seller you authorize Costumes4less services to receive, hold and transfer funds in accordance with your payment instructions and the terms of this payment services agreement.
- Registration and Verification
- In order to use the payment services you must register an account with Costumes4less. To register you must be 18 years or older and completely and accurately provide the required information during the registration process. You are not permitted to transfer or grant access to your Costumes4less account to a third party.
- In order to access your Costumes4less account you must use the email address and password specified during registration. You may be provided with additional credentials to enable access to your Costumes4less account and/or authorize payment transactions.
- You are obligated to contact customer service if you have any indication or suspicion that any of your credentials have been lost, stolen, or misappropriated. Failure to notify us may put the security of your Costumes4less account at risk and may result in your being liable for any losses that are incurred by an unauthorized access of your Costumes4less account.
- Receiving Payments
- Costumes4less will credit the payments received from buyers, less any fees, charges, and other amounts due to Costumes4less, to your Costumes4less account.
- Unless agreed otherwise, all payments credited to your Costumes4less account will be released within five (5) to eight (8) business days after the completions and delivery of your sale.
- You hereby authorize and instruct Costumes4less to pay any due service fees, additional fees and other chargers pursuant of the user agreement or other amounts Costumes4less is entitled to directly to Costumes4less and to set them off against pending or future payments received from buyers before they are credited to your Costumes4less account.
- Costumes4less is entitled to delay the release of one or more payments temporarily if:
- The buyer files a claim against the sale
- There is a reversal or chargeback of the payment by the buyer or the buyer’s payment service provider
- Reversals and Chargebacks
- If a Payment is subject to a reversal or chargeback by the buyer or the buyer’s payment service provider, you are obliged upon request to provide to Costumes4less all information and documents required for the investigation of the case within a reasonable timeframe set by Costumes4less.
- A reversal or chargeback by the buyer or the buyer’s payment service provider may occur in particular for the following reasons:
- A chargeback of the funding source of a PayPal payment (e.g. direct debit reversals or credit card chargebacks);
- A reversal or chargeback initiated by the holder of the e-money or bank account or of the credit card from which the payment originated because of an unauthorized use of the account holder’s account or credit card information;
- A reversal or chargeback based on a claim within the framework of a buyer protection or similar program offered by the buyer’s payment service provider.
- Unauthorized and Incorrectly Executed Payment Transactions
- Costumes4less will reimburse you in full for all unauthorized payment transactions sent from your Costumes4less account provided that you have informed Costumes4less of the unauthorized payment transaction without undue delay after becoming aware of the transaction and in any event, no later than 13 months after the transaction was executed.
- You are liable for any losses incurred by an unauthorized payment transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your Costumes4less account in accordance with the terms or this payment services agreement or to keep your credentials confidential and secure.
- You will not be liable for losses incurred by an unauthorized payment transaction which takes place after you have notified Costumes4less of a compromise of your credentials, unless you have acted fraudulently.
- Costumes4less will refund you in full and is liable for losses directly and reasonably foreseeably incurred by an incorrectly or non-executed payment transaction provided that you have informed Costumes4less of the incorrectly or non-executed payment transaction without undue delay after becoming aware of the defect and in any event, no later than 13 months after the transaction was executed.
- Costumes4less is not liable for a refund or losses incurred by an incorrectly or non-executed payment transaction if the details of the associated payment account provided by you were incorrect or Costumes4less can prove that the full amount of the payment transaction was duly received by the payment service provider of your associated payment account.
- Costumes4less is not liable for any unauthorized or incorrectly executed payment transactions in case the transaction was affected by abnormal and unforeseeable circumstances beyond Costumes4less’s control, despite Costumes4less’s reasonable precautions or where Costumes4less acted in accordance with a legal obligation.
- Blocking of Accounts, Delay or Refusal of Payment Transactions
- Costumes4less reserves the right to temporarily or permanently suspend your Costumes4less account, to delay or refuse payment transactions to and from your Costumes4less account, or otherwise restrict its functionality if:
- Required by law or court order or if otherwise required by any regulatory or government authority;
- Required to fulfill our legal obligations in relation to the fight against money laundering and financial terrorism;
- There is suspicion of unauthorized or fraudulent access to or use of your Costumes4less account;
- Costumes4less has reasonable grounds to believe you are carrying out a prohibited or illegal activity;
- Costumes4less services is unable to verify your or your business’ identity or any other information pertaining to you;
- Amendments to This Payment Services Agreement
Costumes4less may periodically make changes to this payment services agreement and shall notify you by posting a revised version of the agreement on the site and emailing you at your registered email address or otherwise notifying you via our site or payment services. The revised terms will become effective two (2) months following such notice and your continued use of the payment services will constitute acceptance of the revised terms. If you do not accept the revised terms you can immediately terminate the agreement before the revised agreement takes effect.
Costumes4less shall not be liable to you in contract, tort or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- Your use of or your inability to use the payment services;
- Delays or distributions in the payment services;
- Glitches, bugs, errors or inaccuracies of any kind in our payment services;
- Damage to your hardware device from the use of any of our payment services;
- The content, actions or inactions of third parties;
- A suspension or other action taken with respect to your Costumes4less account;
- Your need to modify practices behavior or your loss of or inability to do business, as a result of changes to this payment services agreement or our policies.
You accept sole responsibility for the legality of your actions under laws applying to you.
Nothing in this user agreement shall limit or exclude our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
If you have a dispute with one or more users, you release Costumes4less from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10. General Provisions
This payment services agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this payment services agreement will be valid effective unless made in accordance with the express terms of this payment services agreement.
Returns and Cancellations
- NO RETURNS ACCEPTED AFTER 30 DAYS.
- Customers will be responsible for return shipping costs unless the item is defective or damaged. Original shipping and handling fees are not refundable for other returns
- Product damage claims must be made to Costumes4less within 2 days of delivery
- No used products will be credited/refunded. All products must be returned with their original packaging, if applicable.
- There will be no cancellations allowed in excess of 7 days after placing an order if the order has not shipped out yet.
Limits of Liability
In no event will HorroHhub, LLC or any of its representatives be liable for any damages or injuries, however they may occur, related to any products sold through HorroHhub, LLC’s online business, retail business or wholesale business.
Except as expressly stated herein, HorroHhub, LLC makes no representations or warranties of any kind with respect to products sold.