Terms of Service – Sell By Mail

Last Updated: January 6, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.

Buffalo Exchange Sell By Mail is a convenient way to sell your closet cleanout by mail. The following Terms of Service constitute a legally binding agreement (the “Terms”) between you and Buffalo Exchange, LTD (“Sell By Mail,” “Buffalo Exchange,” “we”, “us,” or ”our”). By requesting a Sell By Mail bag or submitting any items to Sell By Mail, you agree to be bound by these Terms. You also agree to and accept our Privacy Policy, which describes how we use the information you provide Sell By Mail. 

Through Sell By Mail, you can request a prepaid U.S.shipping bag online, fill it up with your clothing, and receive a PayPal™ Payment (“cash”) or a Digital Store Trade Card (“trade”). For any items we’re able to purchase, you’ll receive 25% of our selling price in cash via PayPal or 50% in trade. For example, if we price an item to sell at $10, you’ll receive $2.50 in cash or $5 in trade. You can request one bag at a time account (each account must have a unique email address), but don’t worry – you can request another bag once your bag has been processed. 

AMENDMENT OF TERMS

Buffalo Exchange reserves the right to unilaterally revise and update these Terms at any time without notice. It shall solely be your obligation to periodically review these Terms for any revision and updates. At our discretion, we may notify you of changes by sending an email to the email address associated with your account. 

PRIVACY AND DATA

Please review our Privacy Policy. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our services.

RESERVED RIGHT TO REFUSE SERVICE

You acknowledge that Buffalo Exchange, in its sole and absolute discretion, reserves the right to limit, suspend or refuse service to any person found to have misused the Sell By Mail program or to have violated these Buffalo Exchange Sell By Mail Terms of Service or for any other reason.

CUSTOMER INFORMATION

In order to use Sell By Mail, you must create an account. You warrant that you have not been suspended from selling at a Buffalo Exchange store or through Buffalo Exchange Sell By Mail. 

You acknowledge that you are at least 18 years of age or older and have provided your legal name and valid information on the Sell By Mail Bag Request form. You agree to keep all information up-to-date and understand that you are prohibited from using alter egos or other disguised identities for Sell By Mail. You acknowledge that you cannot use the same phone number or email address for multiple bag requests under different names. Buffalo Exchange may ask for proof of identification such as, but not limited to, a copy of your driver’s license, military ID or Passport, and may be asked for such proof before your Sell By Mail bag will be processed.

Any Sell By Mail bag returned to Buffalo Exchange that does not have sufficient identifying information and is not claimed within 30 days of being received by Buffalo Exchange will be donated to charity.

Please note, Buffalo Exchange will notify you by email once your Sell By Mail bag has arrived. Not receiving this email may indicate your bag was missing identifying information. If you think this may be the case, please contact SellByMail@bufex.com.

SELLER TERMS OF SERVICE

By sending your items into Buffalo Exchange Sell By mail, you agree to the prices set for all items (clothing, accessories, jewelry). You agree that you will not be made aware of the prices set by Buffalo Exchange and will not be able to cancel the sale of the items through this Sell By Mail program.

You acknowledge that you are the rightful owner of the items sent to the Sell By Mail program. If you are not the owner, you’ve been authorized by the owner of the items to sell said items and will indemnify and hold Buffalo Exchange harmless from and against any claim arising from the sale of said items.

If you select DONATE, any items we’re unable to purchase will be donated to charity. You acknowledge that you will not be able to change this selection later. 

If you select RETURN, any items we’re unable to purchase will be held for up to 15 days after they are processed. You’ll receive instructions for paying the $18.99 shipping and handling fees for the return of unpurchased items. If you do not complete this process within 15 days, you understand that your items will be donated. You acknowledge that Buffalo Exchange does not provide tax receipts of any kind.  

SHIPPING

By using our services, you acknowledge that Buffalo Exchange does not ship to P.O. boxes. Buffalo Exchange is not responsible for items damaged in transit due to improper packing and securing of the Sell By Mail bag or by damage caused by the mail carrier. Buffalo Exchange is not responsible for items lost by U.S.or for items dropped off at a non-U.S.shipping facility. Buffalo Exchange is not responsible for items shipped in anything other than the pre-paid Sell By Mail shipping bag via UPS. You shall be responsible for any shipping charges incurred if items are shipped by any means other than the pre-paid Sell By Mail shipping bag through U.S.unless otherwise granted permission in writing by Buffalo Exchange.

Buffalo Exchange Sell By Mail program does not currently ship outside the continental United States and does not ship to Hawaii or Alaska. You shall be responsible for any shipping charges incurred if items are shipped to or from outside of the service area. Customer agrees to indemnify and hold harmless Buffalo Exchange from and against any and all liabilities, damages and claims arising from use of Sell By Mail service.

COMMUNICATION

You acknowledge that you shall receive emails at the email address provided on your Sell By Mail bag request form. These emails will be sent from SellByMail@bufex.com and may, among other things, pertain to your information provided on the bag request form, the Sell By Mail process, encouragement to send in your Sell By Mail prepaid shipping bag and Sell by Mail or Buffalo Exchange promotions. Buffalo Exchange will never share its email lists.

You can sign up for text message alerts when requesting a bag, meaning you will receive update alerts as the bag moves through the Sell by Mail process. Frequency varies based on your behavior. Standard text messages and data rates from your carrier may apply. The carriers participating include, but are not limited to: AT&T, Sprint, Virgin Mobile, T-Mobile and Verizon Wireless. Buffalo Exchange does not charge a fee for this service and it is not required in order to request a bag. To opt out at any time, you can text the word STOP to 1-520-214-3357 or 1-520-214-3356. You acknowledge that, if you reply STOP, you will not receive text messages until you text START to +1 520-214-3357 or +1-520-214-3356. Neither Buffalo Exchange nor carriers are liable for delayed or undelivered messages to the customer. Your use of the service constitutes your agreement to the above terms and conditions.

You acknowledge that, by requesting a bag, you are also automatically subscribed to the All Things Buffalo Exchange email list and will receive promotional emails. You can unsubscribe from promotional emails at any time by either clicking unsubscribe in any promotional email or by emailing PR@BufEx.com to request removal from the promotional email list. Buffalo Exchange is not responsible for missed communications or notices due to electronic delivery failure, junk or spam filtering, or incorrect information provided by you. Buffalo Exchange may not receive bag requests when emoji(s) are included on the form. Form must be completed without use of emoji to ensure proper electronic transmission.

PAYOUT

You agree that your payment (if applicable) will be in the form of an electronically delivered Buffalo Exchange Store Trade Card or PayPal payment.

If you elect for a Store Trade Card, the trade card will be electronically delivered to the email address listed on the corresponding bag request form.

If you do not elect for a Paypal payout or in-store credit (if available) within 30 days of the sent date of the initial “Payout Totals” email, a PayPal payout (if we have your PayPal info on file) or a check will automatically be issued in the cash amount (25% of Buffalo Exchange’s sale price) and mailed to the address listed on the Customer’s corresponding request form, at which point the transaction shall be deemed complete.

If you elect to receive your payout in the form of a PayPal payment, you agree that PayPal’s User Agreement and Privacy Policy shall apply. Buffalo Exchange is not responsible for privacy or technical issues caused on the part of PayPal. PayPal payments will be sent within 3-5 business days of receiving your payout election and Paypal contact email. Buffalo Exchange will pay the transaction fee for your Sell By Mail PayPal payment. If your PayPal payment is not claimed within 30 days, a check will be issued for your payout (25% of the total Buffalo Exchange’s retail amount) and mailed to the address provided on the original Bag Request form.

Buffalo Exchange is not responsible for delays or loss of payment resulting from inaccurate information provided by you. Buffalo Exchange is not responsible for payments claimed by a third party. Buffalo Exchange is not responsible for delay in payment due to technical issues on the part of PayPal. Once payment is transferred to the e-mail address provided, the transaction shall be deemed complete. 

ARBITRATION

This Agreement shall be governed and construed in accordance with the laws of the State of Arizona applicable to contracts entered into and fully performed therein. Any dispute between the parties in connection with this transaction (including the arbitrability thereof) shall be resolved solely by final and binding arbitration before a single neutral arbitrator in the State of Arizona pursuant to the rules of JAMS. The neutral arbitrator shall be a retired judge or justice of any Arizona state or federal court. The parties may enforce the final arbitration award in any court of competent jurisdiction. In rendering a decision, the arbitrator shall provide for the prevailing party to have the right to recover from the other party such prevailing party’s costs and expenses (including, but not limited to, reasonable outside attorneys’ fees) in connection with the arbitration. In no event shall you be entitled to obtain rescission, injunctive or other equitable relief.