SALES AGREEMENT: Pre-Owned Luxury Item

1. This Agreement is made between Barbee Dreamhouse, LLC (“Buyer”), and the individual submitting an item via the website (“Seller”)
2. WHEREAS, Buyer is in the business of procuring luxury items for resell and Seller desires to sell a luxury pre-owned item in accordance with the terms and conditions of this Agreement. HEREBY Seller and Buyer (“Parties”) agree to the following terms:
3. Preliminary Quote
   Within 1–2 business days after Seller submits photos and a description through Buyer’s online form, Buyer will provide a preliminary quote.
4. Shipping Label
   If Seller accepts the preliminary quote, Buyer will email a prepaid shipping label. The label includes full insurance for the estimated value of the item.
5. Receipt & Authentication
   Once Buyer receives item, Buyer will authenticate within a reasonable period of time, not to exceed 10 business days.
6. Final Quote
   After physical inspection, Buyer will issue a final quote. The final quote may differ from the preliminary quote depending on the item’s actual condition.
7. Acceptance & Payment
   Seller must accept the final quote and agree to these terms before payment is issued. Payment will be made within 1–2 business days after authentication and acceptance.
8. Transfer of Ownership
   Once payment is made, the item becomes the sole property of Buyer. No returns or refunds will be accepted after payment.
9. Failed Authentication
   If the item does not authenticate, including 3rd party authentication fails, Buyer cannot authenticate it, or authentication shows it is not genuine, Buyer will return the item to Seller within 1–2 business days and no purchase shall be made. Nothing in this provision shall limit Buyer’s remedies under Section 8 and Section 9 to obtain compensation from Seller for expenses related to returning items that fail authentication.
10. Seller’s Representations & Warranties
    Seller represents and warrants that:
    (a) the item is authentic to the best of Seller’s knowledge;
    (b) Seller is the lawful owner of the item and has full authority to sell it;
    (c) the item is free from any liens, claims, or encumbrances; and
    (d) the photos and description submitted are accurate and not misleading.
11. Indemnification
    Seller agrees to indemnify, defend, and hold harmless Buyer from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of Seller’s representations and warranties under this Agreement.
12. Limitation of Liability
    To the fullest extent permitted by law, Buyer’s total liability under this Agreement shall not exceed the final quoted price of the item. Buyer shall not be liable for any indirect, incidental, or consequential damages, including lost profits or emotional value.
13. Disclaimer of Third-Party Authentication
    Buyer’s authentication process is conducted using industry standards and reasonable care. Seller agrees that Buyer’s determination of authenticity (or inability to authenticate) shall be final and binding absent clear and convincing evidence of fraud or bad faith by Buyer.
14. Shipping Risk & Insurance
    Risk of loss or damage to the item shall remain with Seller until the item is received and signed for by Buyer. Buyer will provide a prepaid label with insurance for the estimated value. Seller is responsible for properly packing the item. Any insurance claim for loss or damage in transit must be filed by Seller, and Buyer will reasonably cooperate.
15. Governing Law & Jurisdiction
    This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Texas. Seller consents to the personal jurisdiction of such courts.
16. Entire Agreement
    This Agreement constitutes the complete and exclusive understanding between Seller and Buyer with respect to the subject matter herein and supersedes all prior or contemporaneous communications, whether oral or written.
17. No Transfer
    Seller may not assign or transfer any rights or obligations under this Agreement without Buyer’s prior written consent. Any attempted transfer without such consent shall be void.
18. No Waiver & Severability
    No failure or delay by Buyer in exercising any right under this Agreement shall operate as a waiver. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
19. Electronic Agreement Validity
    Seller agrees that accepting the final quote and these terms, whether by electronic signature, checking a box, or other affirmative action on Buyer’s platform, constitutes a legally binding acceptance of this Agreement, with the same force and effect as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.