Terms of service

Effective date: September 3, 2026
Last updated: October 13, 2026

These Terms of Service ("Terms") are a binding agreement between you and Brie Corp, a New York corporation doing business as Brie ("Brie," "we," "us," or "our"). They govern your access to and use of this website and your purchase of any goods from us.

PLEASE READ THESE TERMS CAREFULLY. THEY DESCRIBE THE CONDITION OF THE PREOWNED GOODS WE SELL, LIMIT OUR LIABILITY, LIMIT THE REMEDIES AVAILABLE TO YOU, SHORTEN THE TIME IN WHICH YOU MAY BRING A CLAIM, AND REQUIRE INDIVIDUAL ARBITRATION OF DISPUTES WITH A WAIVER OF CLASS ACTIONS AND JURY TRIAL.

By using this website or placing an order, you agree to these Terms to the extent permitted by applicable law. For purchases, material product-specific terms disclosed before payment and any affirmative acceptance recorded at purchase also apply. If you do not agree, do not place an order. Mere receipt of unsolicited goods does not constitute agreement.

1. Buyer Acknowledgment

Because of what we sell, the following points matter more than anything else in this document. By placing an order you specifically acknowledge and accept each of them:

  • Everything we sell is preowned. It has been worn or owned before. It is sold "as is." It will not present as new stock.
  • Condition standards apply. All items are pre-owned; ordinary disclosed wear is expected. Our inspection standard and any clearly disclosed lot-level allowance are described in Section 4, but do not excuse undisclosed material defects or nonconforming goods.
  • Mixed lots are assortments, not fixed item lists. Piece count and expressly advertised category requirements are binding; example brands and photographs are not guarantees unless expressly stated.
  • Photographs are representative, not the actual goods unless a listing expressly says otherwise.
  • Mystery-box sizes are selected requirements. We aim to supply labeled sizes selected at purchase; optional style and exclusion preferences guide curation and are subject to inventory, as described in Section 6.
  • Labeled sizes on preowned clothing are inconsistent. We sort to the label. We do not guarantee fit.
  • Report problems promptly. Contact us within 3 business days for wholesale lots or 5 business days for mystery boxes when reasonably possible; these are our preferred inspection windows, not a waiver of non-excludable legal rights.
  • Document issues. Please provide your order number, photographs where reasonably available, and any attached barcode identifiers to help us investigate. We will consider other reliable evidence when photographs or tags are unavailable.
  • Remedies depend on the issue. We may offer replacements, credit, or refunds, subject to applicable law and the remedies customers cannot legally be denied.
  • Orders are prepared promptly. Cancellation requests are reviewed case by case before shipment, subject to any cancellation rights required by law.
  • We are not an authentication service and we do not certify authenticity.
  • We are not affiliated with any brand we resell. No brand has approved, graded, or authenticated these goods.
  • If you are reselling, your resale results are your own risk. We make no representation about resale value, sell through, or profitability.

2. Who We Are and What We Sell

Brie Corp is a New York-based company specializing in the sale of curated preowned clothing and accessories. We offer merchandise through two purchasing options:

  • Wholesale lots. Bulk quantities of preowned clothing curated by brand or category, sold without size selection, at the lowest per piece price. Offered for business purchase.
  • Curated mystery boxes. Smaller bulk quantities assembled to a size you select and to style preferences you may submit, at a higher per piece price. Offered to individual buyers.

Both channels draw on the same inventory and the same inspection standard. The difference is whether sizes are selected and how the goods are counted and packed.

All goods we sell are preowned unless a product page expressly states otherwise.

3. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to purchase from us. By placing an order you represent that you meet these requirements and that the information you give us is accurate and complete.

Accounts are optional. If you create one, you are responsible for keeping your credentials confidential and for all activity under your account. Tell us promptly if you believe your account has been used without your permission.

We may refuse, limit, or cancel any order, and may suspend or close any account, where we reasonably believe there has been fraud, abuse, chargeback abuse, a breach of these Terms, or an error in pricing or listing. We may also decline to sell to any person or business at our discretion.

4. Condition of Preowned Goods

Every piece we sell has been worn or owned before. Preowned clothing is not new stock and will not present as new stock. We inspect each piece by hand against a thirteen point standard covering stains, tears, holes, seam integrity, pilling, fading, stretching, odor, missing or damaged hardware, zippers, buttons, hems, and labels. Pieces that fail the standard are pulled before packing.

Ordinary wear and disclosed allowance. Our merchandise is pre-owned. Unless a product listing promises a stricter standard, up to ten percent (10%) of pieces in a lot may show minor, cosmetic wear such as light pilling or fading that does not materially impair ordinary use. This is not permission to include undisclosed major stains, holes, strong odors, broken functional closures, counterfeit goods, or other material defects. Condition is evaluated against the product listing and these Terms.

We investigate reported condition problems in good faith, including whether the number or seriousness of affected pieces makes the order materially inconsistent with its advertised condition. A numerical allowance does not eliminate remedies for material misdescription or rights that cannot lawfully be waived.

We do not represent that any piece is free of all wear, that any piece is in new or like new condition, or that any piece is suitable for a particular resale channel, price point, or end customer. You are responsible for deciding whether our goods suit your business or your wardrobe.

5. Assortment, Counts, and What Is Not Guaranteed

Pre-owned inventory is finite, irregular, and changes week to week. Available merchandise depends on our ongoing collection and sourcing. Mixed lots are curated assortments within the category described at purchase, rather than identical repeatable boxes.

Piece counts and express specifications are guaranteed. We supply the purchased quantity and any expressly promised brand, category, size, garment-type, or condition requirements. For mystery or mixed assortments, no specific item, colorway, style, fabric, season, or sub-brand is guaranteed unless the product listing expressly promises it.

Unless a listing expressly identifies photographs as the exact items being purchased, images show examples of possible brands, styles, or merchandise and are not a packing list. Example images do not override explicit product specifications.

Unless a product page states otherwise:

  • Brand. A single-brand lot will contain items bearing the advertised brand, subject to clearly disclosed related labels or sub-lines. A mixed-brand lot may include any labels reasonably fitting its advertised category, including brands not listed as examples. No particular example brand is guaranteed unless expressly stated.
  • Sizes. Wholesale lots are unsized. Sizes within them are random and reflect what is in inventory. Mystery boxes are assembled to the size you select, subject to section 6.
  • Garment type. The mix of garment types within a lot or box is at our discretion unless the listing specifies it.
  • Seasonality. We do not guarantee seasonal composition unless the listing specifies it.

Listings, prices, availability, minimum quantities, and specifications may change at any time without notice. We do not guarantee that any particular brand, lot, size, or box type will remain available, or that it will be available again.

5A. Mixed-Lot Categories, Brand Examples, and Curation Discretion

Category-based purchase. Each mixed-brand wholesale lot is sold as an assortment curated around the category description displayed on its product page. Categories may reflect fashion aesthetic, brand positioning, garment type, condition, and our good-faith assessment of likely secondhand resale potential. Category names are merchandising descriptions, not independent appraisals or promises of a particular sale price.

Examples are not exhaustive or guaranteed. Brand names, logos, and sample pieces shown for a mixed lot illustrate brands that may appear. Brie handles a broad, changing inventory that includes emerging, private-label, niche, vintage, and lesser-known brands. A mixed lot may contain other brands if the actual items reasonably fit the advertised category. A featured brand's appearance does not guarantee that it, or any particular proportion of featured brands, will be in an order.

Brands may cross categories. Brand identity alone does not determine placement. Brie may use reasonable, good-faith judgment about an item's design, construction, materials, age, style, desirability, condition, seasonality, and estimated resale demand. For example, a distinctive Zara coat or leather outerwear piece may qualify for a higher-value fashion mix than ordinary Zara basics, while a less desirable basic from a traditionally premium label may be placed in a lower tier. These examples illustrate discretion, not guarantees about Zara or any other brand.

Limits on discretion. Our discretion does not permit substitution of merchandise that materially fails the purchased category's published description, quantity, condition standard, or any express guarantee. We do not promise a minimum percentage of any named brand, a minimum individual resale value, a specific brand count, or a guaranteed ratio of garments to footwear unless the listing expressly states one.

Resale Estimates and Authenticity. Any suggested resale ranges, original retail prices, market comparisons, estimated profits, or illustrative earnings are provided for general informational purposes only and are not guarantees of actual resale results. Actual selling prices, demand, fees, returns, sell-through, and profitability vary. Buyers are responsible for independently evaluating their resale markets.

Brie takes reasonable measures to assess the authenticity of merchandise, which may include label inspections, identifying details, and additional authentication reviews when deemed appropriate. However, authentication procedures vary by item, and not every piece undergoes formal or third-party authentication. Unless expressly stated in a product listing, Brie does not provide certificates of authenticity or guarantee that an item has been independently authenticated.

Brie does not knowingly sell counterfeit merchandise. If a buyer raises a credible authenticity concern supported by reasonable evidence, Brie will review the matter and may request additional documentation or verification. Where an item is determined to be counterfeit, Brie will provide an appropriate remedy in accordance with applicable law and our claims policy.

Clothing and footwear. A mix may contain apparel and footwear only when its product description permits both. The presence of shoe brands among examples does not guarantee shoes will be included. Footwear condition, sizing, and category suitability are subject to the applicable product listing and condition standards.

Order-specific terms control. If a listing expressly guarantees a brand, size, item type, footwear proportion, or other feature, we will honor that express specification notwithstanding these general mixed-lot provisions.

6. Mystery Boxes and Size and Style Preferences

When you order a curated mystery box you select a size and may submit preferences, which can include fit, style direction, brands of interest, and categories or items you do not want to receive.

Your selected mystery box sizes are order specifications; optional style preferences guide selection. We aim to pack pieces bearing one of your selected size labels. Fit varies across brands and eras, and selected size labels do not guarantee personal fit.

We assemble boxes from changing pre-owned inventory. We make reasonable, good-faith efforts to honor optional exclusions and preferences, but availability can limit matching. We will not knowingly disregard a material preference that we have expressly agreed to guarantee on the product page.

Optional style preferences are not promises of exact items or looks. However, an order that materially fails an express product description, selected-size requirement, or other legally enforceable promise remains eligible for review and any applicable remedy.

If we cannot fill the box using the size labels you selected, we will contact you before shipment to obtain approval for an alternative, offer a reasonable substitute consistent with your instructions, or cancel and refund the affected order. We will not silently substitute an unselected size.

Size labeling on preowned clothing is inconsistent across brands, eras, and countries. We sort to the size on the garment label. We do not measure each garment, and we do not guarantee that a labeled size will fit you or your customers.

Preferences must be submitted before your order is packed. We cannot act on preferences, changes, or exclusions received after packing begins.

7. Wholesale and Business Purchases

Lots sold with a stated minimum quantity are offered for business purchase only. If you buy a wholesale lot, you represent and warrant that:

  • You are purchasing for resale or other business purposes and not as a consumer;
  • You are experienced in buying, grading, or reselling preowned clothing, or have satisfied yourself as to the nature of the goods;
  • You have had the opportunity to review our inspection standard and the disclosures in sections 1, 4, and 5, and you are not relying on any representation outside these Terms and the product page;
  • You are not relying on us for any judgment about the resale value, sell through rate, margin, or suitability of the goods for your channel or customers.

Wholesale lots are intended for business purchasers. The commercial terms and limitations apply to the fullest extent permitted by applicable law, but labeling an order “wholesale” does not by itself remove consumer protections that legally apply to a particular transaction.

Minimum quantities are stated on each product page and are a condition of the price shown. We may cancel an order that does not meet the stated minimum.

If you claim a sales tax exemption, you must give us a valid resale certificate or other documentation acceptable to us and to the relevant tax authority before your order ships. You are responsible for the accuracy of that documentation and for any tax, penalty, or interest arising from an exemption claimed in error, and you will reimburse us for any such amount assessed against us.

You are solely responsible for how you resell goods you buy from us, including your own descriptions, condition grading, photographs, pricing, returns handling, platform compliance, and any representations you make to your customers. You must not describe goods bought from us as new, deadstock, unworn, or authenticated by us, and you must not state or imply that your business is affiliated with, authorized by, or endorsed by Brie beyond the fact that you buy inventory from us.

Nothing in these Terms grants you exclusivity, territory rights, a franchise, a distributorship, or any right to use our name or marks in your own marketing without our prior written consent.

8. Prices, Taxes, and Order Acceptance

Prices are in United States dollars and exclude shipping and taxes unless stated otherwise. Prices may change at any time before you place an order.

Your order is an offer to buy. We accept it when we send you an order confirmation or ship the goods, whichever is first. An automated acknowledgement that we received your order is not acceptance.

Despite our efforts, a listing may occasionally contain an error in price, quantity, description, or availability. We reserve the right to correct any error and to cancel any order placed on the basis of one, even after an order confirmation has been sent. If we cancel for this reason after you have paid, we will refund you in full, and that refund is your sole remedy. We are not obliged to honor a price that was obviously incorrect.

Applicable sales tax is calculated and added at checkout based on your shipping address.

9. Cancellations

Cancellation requests. Because orders are picked and packed promptly, we generally cannot guarantee cancellation after an order is placed. Contact us immediately at support@brie.co with your order number. We will review requests before shipment and honor any cancellation rights required by applicable law.

Where cancellation is not legally required, we may approve or decline a request based on fulfillment status. If we agree to cancel an unshipped order, we will tell you whether the result is a refund or another mutually agreed resolution before processing it. We will not substitute store credit for a refund required by law.

After shipment, requests are handled under the applicable Refund Policy, Shipping Policy, and Section 11, without limiting statutory rights.

10. Payment, Shipping, and Risk of Loss

Payment is due in full at the time of order unless we have agreed other terms with you in writing. Payments are processed by Shopify and our payment providers. We do not receive or store complete payment card numbers.

We currently ship within the United States only. Shipping costs, methods, and estimated timeframes are shown at checkout and in our Shipping Policy.

Delivery estimates are estimates. We are not liable for delays caused by carriers, weather, customs, address errors, or other events outside our reasonable control. You are responsible for giving us a complete and accurate shipping address. We are not responsible for orders delivered to an address you supplied incorrectly, and we will not refund or replace an order for that reason.

Delivery and shipping problems. Responsibility for loss or damage in transit depends on the type of purchase, the agreed shipping terms, and applicable law. We will investigate reasonably documented missing, damaged, or misdelivered shipments and assist with carrier claims where appropriate. A tracking status alone does not automatically resolve every claim, and nothing here shifts risks to a consumer where the law places them on Brie.

11. Claims, Returns, and Your Exclusive Remedy

Because goods are pre-owned and orders are assembled individually, please inspect shipments promptly and contact us with any shortage, incorrect assortment, undisclosed material defect, suspected counterfeit, or delivery problem. This section sets out our customer-service procedure and does not eliminate rights or remedies that cannot lawfully be excluded.

Claim windows. Any claim for a shortage, a wrong lot, or a condition failure under section 4 must reach us within:

  • 3 business days of delivery for wholesale lots;
  • 5 business days of delivery for curated mystery boxes.

Our preferred reporting period begins on the carrier-confirmed delivery date; business days are Monday through Friday excluding public holidays. Please contact us as soon as reasonably possible. We will review later reports when required by law or justified by the nature of the issue. These preferred windows do not waive non-excludable rights.

Information to provide. Email support@brie.co with your order number, a description of the issue, the affected piece count, and clear photos when reasonably available. Include our barcode-tag numbers if the tags remain attached. If photos or tags are unavailable, explain why and provide other reliable information. We may request additional evidence reasonably needed to investigate; missing evidence does not automatically defeat rights provided by law.

Resolution. We will investigate claims in good faith. Depending on the issue and applicable law, remedies may include replacement pieces, an appropriate partial or full refund, return authorization, or store credit if the customer agrees. We will not require store credit in place of a refund legally owed, and no stated remedy limits non-waivable rights.

Return shipping. If we authorize a return, we will provide instructions. For a confirmed error or nonconforming shipment for which law requires us to cover return costs, Brie will do so. For discretionary courtesy returns, the buyer generally pays return shipping, as disclosed when authorization is issued.

Courtesy returns. We are not obliged to accept a return for any reason other than a valid claim under this section. If we choose to accept one as a courtesy, it is subject to a twenty percent (20%) restocking fee, you pay return shipping, original shipping is not refunded, and the goods must arrive unworn, unwashed, unaltered, and in the condition and packaging in which they were sent.

Do not ship anything back without a return authorization from us. Unauthorized returns may be refused or returned to you at your cost.

Do not dispose of, resell, or mix the goods before we respond. We may need them returned or photographed again. Reselling, discarding, or mixing claimed pieces with other inventory ends the claim.

Payment disputes. We encourage customers to contact us first so we can investigate and resolve issues promptly. Nothing in these Terms restricts any right to dispute a payment under applicable law or card-network rules. We may provide accurate order, fulfillment, and communication records to payment processors when responding to disputes. We may restrict future orders for documented fraud or abuse, but not merely because a customer exercised a lawful dispute right.

What is not a valid claim. The following are not grounds for a claim, return, or refund:

  • Ordinary, disclosed minor wear that does not violate the applicable condition standard;
  • The brand, style, size, color, garment type, or seasonal mix within a lot or box, except where it contradicts an express statement on the product page;
  • Unfulfilled optional style preferences, unless the listing expressly guaranteed them or applicable law provides a remedy;
  • Labeled sizes that do not fit, as described in section 6;
  • Your inability to resell the goods, the price you were able to resell them at, your sell through rate, or your judgment about their resale value;
  • A change of mind, a change in your business plans, or buyer's remorse;
  • Goods that have been worn, washed, altered, laundered, relabeled, or mixed with other inventory after delivery;
  • Goods you have already resold;
  • Claims unsupported by sufficient reliable evidence after a reasonable opportunity to provide it, subject to applicable law.

Where these Terms and our Refund Policy differ, these Terms govern wholesale lots and the Refund Policy governs mystery boxes, except that the claim windows in this section apply to both.

12. Authenticity

We sort by the labels on the garments and inspect pieces for the signs of counterfeiting we are able to identify. We do not knowingly sell counterfeit goods, and we remove suspected counterfeits from inventory when we find them.

We are not an authentication service, we do not provide certificates or guarantees of authenticity, and we do not authenticate pieces individually. Nothing on this website should be read as an authentication of any piece.

If you reasonably suspect a counterfeit, contact us promptly with the order number and supporting information. We will investigate and may request photographs, the item, or a credible independent assessment. We will not knowingly sell counterfeit goods. If an item is confirmed counterfeit or materially misdescribed, we will provide the remedy required by applicable law, including a refund where required; our preferred reporting windows do not extinguish non-waivable rights.

13. Time Limit on Claims

ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THIS WEBSITE, OR ANY GOODS YOU BUY FROM US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. ANY SUCH ACTION OR PROCEEDING COMMENCED AFTER THAT PERIOD IS PERMANENTLY BARRED.

This one year period is in addition to, and does not extend, the claim windows in section 11. Some states do not allow a limitation period to be shortened. Where that is the case, the shortest period the law permits applies.

14. Acceptable Use of This Website

You may use this website only for lawful purposes and in accordance with these Terms. You must not:

  • Use the site in any way that breaches applicable law or infringes anyone's rights;
  • Scrape, crawl, harvest, or use automated means to extract data, content, pricing, or images from the site, or use the site's content to train a machine learning model, without our prior written consent;
  • Place orders you do not intend to pay for, or use false identities, stolen payment credentials, or multiple accounts to evade limits, minimums, or restrictions;
  • Interfere with the operation or security of the site, attempt to gain unauthorized access to it, or introduce malicious code;
  • Resell, frame, or republish the site's content, photographs, or product descriptions as your own;
  • Impersonate Brie or suggest an affiliation with us that does not exist;
  • Harass, threaten, or abuse our staff.

15. Intellectual Property and Third Party Brands

The Brie name, logo, website design, photographs, product descriptions, inspection standard, and all other content on this website are owned by Brie Corp or licensed to us, and are protected by intellectual property law. You may not copy, reproduce, or use them except as these Terms allow.

Third party brand names. We resell genuine preowned goods made by other companies. We identify those goods by their brand names because that is the accurate way to describe what we are selling. Brie Corp is not affiliated with, authorized by, sponsored by, endorsed by, or connected to any brand, designer, manufacturer, or retailer whose goods we resell. All third party trademarks, brand names, and logos remain the property of their respective owners, and their use on this website is descriptive only.

No brand named on this website has reviewed, approved, graded, or authenticated the goods we sell, and no warranty from any such brand passes to you with a preowned item. Manufacturer warranties on preowned goods are generally not transferable, and we make no representation that any remains in force.

16. Disclaimer of Warranties

THE GOODS WE SELL ARE PRE-OWNED AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE SOLD “AS IS,” SUBJECT TO EXPRESS PRODUCT DESCRIPTIONS, THE APPLICABLE CONDITION STANDARD, AND RIGHTS AND REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR EXPRESS PROMISES AND NON-WAIVABLE RIGHTS, WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND DO NOT GUARANTEE RESALE PRICE, SELL-THROUGH, PROFITABILITY, OR FITNESS FOR A PARTICULAR RESELLING CHANNEL. WE DO NOT DISCLAIM TITLE OR LAWFUL OWNERSHIP OBLIGATIONS THAT CANNOT LEGALLY BE EXCLUDED.

THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT ITS CONTENT IS COMPLETE OR CURRENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, GIVEN BY US OR BY ANY OF OUR STAFF CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some states do not allow the exclusion of certain implied warranties, so some of the exclusions above may not apply to you. In that case our warranties are limited to the shortest period and narrowest scope the law permits.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BRIE CORP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES, LOST INVENTORY VALUE, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, PLATFORM SUSPENSION, CUSTOMER COMPLAINTS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS, THIS WEBSITE, OR ANY GOODS YOU BUY FROM US, WHETHER THE CLAIM IS IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THAT ORDER.

THESE LIMITATIONS APPLY EVEN IF A REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. THE PRICES WE CHARGE REFLECT THIS ALLOCATION OF RISK.

Some states do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud or for death or personal injury caused by negligence.

18. Dispute Resolution, Arbitration, and Class Action Waiver

Read this section carefully. It affects how disputes between us are resolved and limits the ways you can seek relief.

Talk to us first. Before starting an arbitration or a court proceeding, you agree to contact us using the details in section 23 and give us thirty (30) days to try to resolve the dispute informally. This step is a condition of bringing any claim. Most problems are resolved this way.

Agreement to arbitrate. If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, this website, or any goods you buy from us will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its applicable consumer or commercial rules, rather than in court. The arbitration will take place in New York County, New York, or by telephone or video where the rules allow, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Exceptions. Either of us may bring an individual claim in small claims court instead of arbitration if it qualifies. Either of us may also seek injunctive relief in court to protect intellectual property rights or to stop unauthorized access to or misuse of this website.

CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY.

If the class action waiver in this section is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest of this section will continue to apply to all other claims.

Your right to opt out. You may reject this arbitration and class action waiver section by sending us written notice within thirty (30) days of the date you first accept these Terms, using the contact details in section 23 and including your name and the email address associated with your account or order. Opting out of this section does not affect any other part of these Terms, and we will not treat it as a reason to refuse your business.

19. Costs and Attorney's Fees

In any arbitration, action, or proceeding, fees and costs may be awarded only as permitted by applicable law and the rules of the forum. Nothing in these Terms requires a consumer to pay fees that applicable law or governing arbitration rules prohibit.

Where a claim is brought that a court or arbitrator finds to have been frivolous or brought for an improper purpose, fees and costs may be awarded accordingly.

20. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of New York, without regard to its conflict of laws rules. Subject to section 18, you and we submit to the exclusive jurisdiction of the state and federal courts located in Kings County or New York County, New York, and each of us waives any objection to venue or inconvenient forum in those courts.

21. Indemnification

You agree to indemnify, defend, and hold harmless Brie Corp and its officers, directors, employees, and agents from any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or relating to:

  • Your breach of these Terms;
  • Your misuse of this website;
  • If you resell goods you buy from us: your own descriptions, condition grading, photographs, representations, marketing, pricing, returns handling, platform compliance, and dealings with your customers;
  • Any claim brought against us by one of your customers in relation to goods you bought from us and resold;
  • Any tax, penalty, or interest arising from an exemption you claimed in error.

22. Reviews, Photographs, and Other Content You Submit

If you submit a review, photograph, comment, or other content to us or to this website, you keep ownership of it and grant us a worldwide, royalty free, perpetual, non exclusive, transferable license to use, reproduce, adapt, publish, and display it in connection with our business, including in marketing, with attribution to the name or handle you supplied.

You represent that the content is yours to give, that it is accurate, and that it does not infringe anyone's rights or break any law. We may decline to publish, edit for length, or remove any submission at our discretion.

23. General Terms and Contact

Changes to these Terms. We may update these Terms from time to time. We will post the updated version on this page and change the "Last updated" date. Changes apply to orders placed after they are posted. The version in force when you placed an order governs that order. Where the law requires it, we will give additional notice.

Force majeure. We are not liable for any failure or delay in performance caused by events outside our reasonable control, including fire, flood, severe weather, labor disputes, supply interruption, utility or internet failure, carrier failure, civil unrest, government action, epidemic, or acts of God.

Severability. If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed, and the remaining provisions will stay in full force.

Survival. Sections 11, 13, 15, 16, 17, 18, 19, 20, and 21 survive the completion of any order and the closing of any account.

No waiver. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing and signed by us.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

No third party beneficiaries. These Terms are between you and us, and create no rights for anyone else, including your own customers.

Entire agreement. These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, are the entire agreement between you and us about this website and your purchases, and they supersede any prior understanding, representation, or statement, including anything said in a message, listing, photograph, or conversation that is not written into these Terms or stated on a product page.

Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and us.

Contact us. Questions about these Terms, claims under section 11, informal dispute notices under section 18, and arbitration opt outs should be sent to:

  • Brie Corp
  • Email: support@brie.co
  • Mailing address: 346 New York Ave #1a, Brooklyn, NY 11213, United States

For claims, please put your order number in the subject line.