Policies/Terms and Conditions:

Introduction
New With Tags provides access to its website and associated applications and services to Users under the terms outlined in this Terms of Service (the "Agreement"). During registration or using the services, each User agrees that this Agreement governs their access to and use of the services and commits to adhering to its terms, including any updates or modifications communicated to Users. If you disagree with any part of this Agreement, refrain from accessing or using the services. If you are entering into this Agreement on behalf of a corporation or legal entity, you confirm that you have the authority to bind that entity to these terms. New With Tags reserves the right to modify the Agreement or remove retailers from its platform at its discretion. Users can view the latest version of these rules by clicking on the “Terms of Service” link on the website. New With Tags and the User may individually be referred to as a “Party” or collectively as the “Parties.”

About New With Tags
New With Tags offers a closed platform that allows users to sell and monetize unsold inventory. New With Tags offers retailers the opportunity to sell their new and tagged product before that product loses its value and becomes unsellable.  New With Tags facilitates the sale of various products, including but not limited to clothing, accessories, shoes, home goods, and other items listed by Users as authorized sellers (collectively referred to as "Goods"). As detailed in the “How New With Tags Works” section, New With Tags compensates Users in cash for Goods once the shipment is confirmed. This Agreement solely governs the relationship between New With Tags and the User. As an intermediary, New With Tags retains the right to market and sell the Goods at its discretion. For this Agreement, a “User” refers to a company legally permitted to sell purchased inventory, known as an authorized reseller.

How New With Tags Works

Step 1: Account Subscription. Users must register and create an account via the “Sell with us” link. New With Tags charges a one time $75.00 non-refundable “Sign on fee”.  This fee is to help get you set up on the NWT platform and assist in supporting your store once operational.

Step 2: Listing. Users will create their own “Store” on the NWT platform and list their available Goods on the Services. By listing Goods, Users make a binding offer to sell them to New With Tags at the specified price. Users may modify or remove listings until the Goods are sold. New With Tags does not guarantee the purchase of Goods and will not compensate for items that do not sell. Listings with detailed product descriptions and multiple tags have a higher chance of selling.

Step 3: Pricing. NWT is a platform designed to help retailers sell new and tagged products that may not be moving in their store. It is recommended that listings be priced at or below wholesale value, depending on the product's age. Users can change their listing prices at any time, provided no sales are in progress. Price changes are not allowed for pending, approved, declined, or canceled orders. Users cannot cancel orders to raise listing prices. When determining listing prices based on a margin from the manufacturer's suggested retail price (MSRP), amounts should be rounded to the nearest dollar.

Step 4: Performance. Users must keep their inventory of Goods accurate and up to date and maintain a less than 5% decline rate. Users experiencing higher than a 5% decline rate will be subject to a $10.00 per order penalty until they are below the 5% decline rate.  Failure to maintain inventory accuracy or the minimum order approval rate may lead to account suspension. Reactivation will require a call for account update and onboarding, as outlined in the Suspension and Customer Service Charges section below.

Step 5: Agreement. The terms of this Agreement apply to all listings and orders for Goods processed through the Services, including via the Website, Mobile App, email newwithtags@gmail.com, Users must respond to transaction requests within 24 hours of notification.

Step 6: Parties Approval and Payment. Users are required to respond to transaction requests within 24 hours of notification.

Step 7: Packaging and Shipping. Users are required to package and ship Goods according to the following guidelines, using the prepaid label provided by New With Tags unless instructed otherwise:

• Shipments should only include items as directed by New With Tags.
• Inspect each Good before packaging. If any item is damaged or defective, notify New With Tags at newwithtags@gmail.com immediately.
• Goods must be in original packaging or carefully placed in a plastic garment bag, unmarked tissue paper, or on a hanger when necessary. Ship in a plain corrugated box or poly bag without any branding from either the User or New With Tags. Previously used shipping materials are not permitted.
• Ensure products are packaged adequately to prevent damage during shipping. Damage due to poor packaging will result in a return authorization (RA) being issued to the User. (See more on Return Authorizations in Step 9 below).
• Remove any pricing tags or stickers not from the original Brand (having the original brand tags is critical to the sale)
• Include the packing slip provided by New With Tags; do not include the packing checklist. Marketing materials or solicitations should not accompany the Goods.
• Tape the box or envelope securely on all sides and affix the shipping label in a waterproof manner.
• Ship Goods using New With Tags’ prepaid label within two (2) business days after the order date.
• Standard shipping should be via Federal Express Ground, UPS Ground, or USPS Priority unless otherwise directed by New With Tags.

Step 8: Payout. For each Good purchased by New With Tags ("Payout"). Users will receive 85% of the listing price for all items sold for more than $15.00. We do not currently allow for any item to be sold for less than $15.00 on the NWT site.  All Payouts are processed through Shopify. Users must provide their banking and payment information via the Mobile App or Website to receive their Payouts.  

Step 9: Return Authorizations. If an RA is requested due to damage or User error, the User will incur a charge to their credit card for the RA's associated costs and any return shipping. Service fees from the initial transaction are non-refundable. Users should maintain an RA incident rate of less than 5% to keep their account active with New With Tags.

Grant of Rights.
Access to Services. During the term of this Agreement and provided that Users comply with its terms: (i) New With Tags will make commercially reasonable efforts to provide Users with access to the Services; and (ii) New With Tags grants Users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for internal business purposes only.

Restrictions on Services. Users may not, and may not allow others to: (i) reproduce, distribute, modify, translate, adapt, or create derivative works from the Services; (ii) reverse engineer, decode, decompile, disassemble, or attempt to derive the source code or framework of the Services; (iii) use the Services for competitive benchmarking or developing similar products; (iv) transmit commands or queries to the New With Tags platform for purposes other than intended; (v) rent, lease, lend, sell, sublicense, or provide access to the Services as part of a service bureau; (vi) submit or transmit any material that infringes on others' rights, violates laws, or is deemed objectionable by New With Tags; (vii) use the Services in any unlawful manner; or (viii) upload or transmit harmful software to the Services.

User Content. Users are solely responsible for maintaining the confidentiality of their login credentials and all activities under their New With Tags account. Users bear full responsibility for all information they post or upload, including data, images, videos, text, and descriptions regarding the Goods (collectively, “Content”). Users must secure all necessary permissions before submitting Content through the Services. New With Tags reserves the right to review and remove any content posted by User. Users grant New With Tags and its affiliates a royalty-free, non-exclusive, worldwide license to use, reproduce, adapt, and exploit the Content for the purpose of providing and promoting the Services and selling Goods.

Representations. Users represent that: (a) they are legally organized and in good standing under their governing laws; and (b) they have the authority to enter into this Agreement, fulfill obligations, and grant rights as outlined herein.

Ownership. New With Tags retains all rights, title, and interest in the Services and any improvements or modifications. Users acknowledge that New With Tags may collect aggregate data related to their use of the Services and grants New With Tags a perpetual, royalty-free license to use such data for lawful purposes.

Feedback. Users providing feedback or suggestions about the Services grant New With Tags a perpetual, royalty-free license to use such feedback for any lawful purpose, without the need for attribution or compensation.

Confidentiality. “Confidential Information” refers to any information disclosed by either Party under this Agreement that is marked as confidential or that should reasonably be considered confidential based on the context of the disclosure. This includes information regarding New With Tags’ Services, Goods listed through the platform, and other Users’ practices. Confidential Information does not include information that: (i) becomes public through no fault of the receiving Party; (ii) was already known to the receiving Party without restriction; (iii) is disclosed by a third party authorized to share it; or (iv) is developed independently by the receiving Party.

Confidentiality Obligations. The parties involved in this Agreement must adhere to non-disclosure obligations that are at least as stringent as those outlined here concerning the Confidential Information of the disclosing Party. Should the receiving Party be legally compelled by a valid subpoena or a court order to reveal any Confidential Information from the disclosing Party, it is required to promptly inform the disclosing Party in writing about the terms, existence, and circumstances of such disclosure (as permitted by applicable laws). This will allow the disclosing Party to pursue a protective order or other necessary relief.

Service Suspension and Customer Service Charges. New With Tags reserves the right to temporarily suspend a User’s access to the Services or remove Content at its discretion if: (i) the User breaches the Agreement or if New With Tags reasonably suspects that the User's Goods or Content listing violates applicable laws, any agreements between the User and a Brand, or infringes on third-party intellectual property rights; (ii) there are planned website or platform maintenance or urgent security issues (where New With Tags will strive to minimize the duration and impact of the suspension); (iii) it receives instructions or requirements from a buyer or Brand regarding specific Goods listed; or (iv) the User fails to satisfactorily fulfill purchases of Goods, including (a) exceeding two (2) business days to approve pending orders, (b) repeatedly exceeding two (2) business days to ship orders, (c) declining two (2) or more consecutive orders, or (d) other frequent negative order issues (such as shipping incorrect or damaged Goods). Additionally, New With Tags may impose a $10 charge for any of the following actions by the User: declining a pending order, canceling an approved order, failing to respond to a pending order resulting in cancellation, or not shipping an order within the specified timeframe, leading to cancellation. The User authorizes New With Tags to charge a credit card on file, issue an invoice for such fees (due within ten calendar days), or deduct these fees from future payments to the User. These charges are meant to cover New With Tags's costs and resources used in managing order cancellations and customer service issues. New With Tags will not be held liable for any damages incurred by the User or any third party resulting from its rights exercised under this Agreement.

Goods and Content Responsibility; Indemnification.
The User asserts and guarantees that all Goods listed or sold via the Services are authentic, new, first-quality merchandise, complete with original labeling; that they possess all necessary licenses and approvals to sell the Goods to New With Tags; that all posted Content is complete, true, accurate, and not misleading; and that none of the Content or the User's listings violate third-party rights, including intellectual property rights, or any Brand agreements. The User must inspect their Content and report any errors to New With Tags immediately. The User is also responsible for any payment discrepancies or returns due to incorrect listing information. If any Goods sold to New With Tags do not meet their advertised condition, New With Tags may initiate a Return Authorization claim. The User must inform New With Tags promptly upon learning of any recalls or safety alerts regarding the Goods.

The User agrees not to list any Goods that are: (a) defective, substandard, inauthentic, counterfeit, replicas, or knock-offs; (b) contain any Restricted Products (defined below); (c) engage in deceptive trade practices (such as spoofing, slamming, cramming, phishing, or attempting to defraud customers); (d) subject to health, safety, or quality recalls; or (e) involve any illegal activities. The User may only list Goods for which they have adequate stock to meet expected demand or must specify if quantities are limited. “Restricted Products” includes, but is not limited to:

• Items prohibited by applicable law for sale
• Alcoholic beverages
• Animals
• Body-piercing equipment
• Branding products and equipment
• Currency, coins, cash equivalents, and gift cards
• Controlled substances or products simulating illegal drugs
• Drug paraphernalia
• Explosives, including fireworks
• Hazardous chemicals
• Firearms, firearm parts, and ammunition
• Lottery tickets or games
• Medical goods that require FDA approval
• Real property and real estate
• Recalled products (visit www.recalls.gov)
• Securities such as stocks
• Tobacco or nicotine products
• Materials with sexually explicit or obscene content
• Tanning equipment

The User agrees that New With Tags holds no liability, and the User shall indemnify, defend, and hold harmless New With Tags and its affiliates, along with their respective officers, directors, employees, agents, and partners, from any claims, losses, damages, costs, or expenses (including reasonable attorney fees) related to: (a) the Content; (b) the User’s access to or use of the Services; (c) violations of any agreements with Brands or third parties, laws, or third-party rights; (d) any breach of this Agreement; or (e) any claims related to the sale of Goods, including product liability claims. If New With Tags believes any indemnified claim could adversely impact it or its affiliates, New With Tags may take control of the defense at its expense. The User cannot settle or consent to any judgment of an indemnified claim without prior written approval from New With Tags, which shall not be unreasonably withheld.

Tax Obligations. In compliance with IRS regulations, New With Tags may need to file Form 1099-K for U.S. sellers receiving payments for goods or services sold through the platform. Reporting is required for sellers with over $20,000 in gross payment volume and over 200 separate transactions in a calendar year. Users are advised to consult their tax advisor regarding the implications of Form 1099-K reporting. Regardless of whether Users receive this form, they are responsible for reporting taxable income accurately on their tax returns.

International Taxpayers.
Non-U.S. taxpayers must submit Form W-8BEN to New With Tags to be exempt from U.S. tax reporting requirements.

Resale Tax License. 
To qualify for tax exemption, it is the responsibility of the involved party to provide adequate proof of exemption, typically through an exemption certificate compliant with local regulations. Documentation must be maintained to support the exemption; without it, the sale is taxable.

Tax Responsibilities. 
New With Tags is not responsible for the accuracy of tax payments on behalf of the User. Each party is responsible for collecting and remitting applicable taxes related to transactions. Each party must determine applicable taxes on payments received and ensure correct reporting and remittance to the appropriate authorities.


Limitation of Liability.
New With Tags shall not be liable, whether in contract, warranty, tort (including negligence or product liability), or any other theory, to the User or any other party for cover costs, recovery, or any indirect, incidental, consequential, or punitive damages arising from this Agreement, including lost profits, revenue, business, or data, even if New With Tags has been advised of the potential for such damages. The total liability of New With Tags in connection with this Agreement or related transactions will not exceed the total amounts paid to the User in the preceding six months related to the specific services or transactions in question.