Legal notice
Full Legal Disclaimer
Product Condition: New & Pre-Owned Inventory
Shar's Consignment offers a mix of brand-new merchandise and secondhand, pre-owned, or consigned merchandise. Each product listing clearly indicates its condition (e.g., "New" or "Pre-owned"). Please review the condition stated on each listing before purchasing:
- New items are unused and sold in original or comparable new condition, unless otherwise noted in the listing.
- Pre-owned / consigned items have been previously owned and may show normal signs of prior use, including minor scuffs, fading, odor, or wear consistent with age and use, whether or not individually noted. Consigned items are inspected before being offered for sale, but Shar's Consignment does not warrant that every detail of an item's history or condition is known or disclosed beyond what appears in the listing.
Because consigned items are one-of-a-kind and inventory turns over continuously, availability, sizing, and condition can vary and are not guaranteed to match any previous listing.
No Affiliation, Sponsorship, or Endorsement
Shar's Consignment is an independent retailer offering both new merchandise and secondhand consigned goods. Shar's Consignment is not affiliated with, endorsed by, sponsored by, or an authorized dealer, distributor, or retailer for any brand, designer, or manufacturer named, pictured, or referenced on this website — for new items or pre-owned items alike — unless a specific product listing explicitly states an authorized retailer relationship. Any use of a brand name, designer name, logo, or trademark on this site is used solely to identify and accurately describe genuine merchandise — not to suggest sponsorship, licensing, or partnership with the brand.
Legal Basis for Referencing Brand Names
Referring to a genuine, lawfully-acquired item by its original manufacturer's brand name is standard, lawful retail practice, supported by:
- Nominative (trademark) fair use. A retailer may use a brand's trademark to truthfully identify and describe genuine goods made by that brand, provided the use (a) is necessary to identify the product, (b) uses no more of the mark than necessary, and (c) does not suggest sponsorship or endorsement by the trademark owner. Listing a pre-owned or new pair of sneakers as, for example, a "[Brand] sneaker" is a truthful, necessary identification of the actual product, not an infringing use of the mark.
- First-sale doctrine (trademark and copyright exhaustion). Once a brand owner sells a genuine item — to Shar's Consignment as a new-inventory purchase, or originally to a consignor who now resells it through Shar's Consignment — the right to resell that specific physical item and truthfully describe it by its real brand name is a well-established legal principle. Reselling genuine goods, new or pre-owned, does not require the brand owner's permission and does not, by itself, infringe the brand owner's trademark or copyright.
Shar's Consignment only lists genuine, authentic items acquired through lawful wholesale purchase, consignment, or trade, and does not knowingly offer counterfeit goods in either its new or pre-owned inventory. Brand names, images of packaging, tags, or authentication marks appearing in listing photos depict the actual physical item for sale and are not used to imply sponsorship.
Manufacturer Warranties
New items may carry the original manufacturer's warranty where applicable and transferable; consumers should refer to the manufacturer directly for warranty terms and registration. Pre-owned and consigned items are sold as-is and are not covered by the original manufacturer's warranty unless explicitly stated otherwise in the listing, regardless of any residual brand warranty period that may otherwise apply to that product category.
Response to Infringement Claims
Shar's Consignment takes intellectual property rights seriously and responds promptly and in good faith to legitimate concerns. If a rights holder or their representative believes a specific listing infringes a trademark or copyright, please contact us with:
- Identification of the specific trademark or copyrighted work at issue;
- A link to (or clear identification of) the specific listing in question;
- A statement explaining the basis for the claim of infringement;
- Contact information for the complaining party; and
- A statement, made in good faith, that the complained-of use is not authorized.
Shar's Consignment will review each notice on its merits. Because Shar's Consignment sells genuine new and secondhand goods under nominative fair use and first-sale principles, a notice that merely objects to a truthful brand reference on a genuine item — without identifying counterfeiting, trademark dilution, unauthorized reproduction of copyrighted images or text not belonging to Shar's Consignment, or another cognizable legal claim — may be declined. Shar's Consignment reserves the right to (a) remove or edit a listing while a claim is reviewed, (b) request additional information before acting, and (c) restore a listing found to have been the subject of a false, mistaken, or bad-faith claim.
False or Bad-Faith Claims
Submitting a knowingly false or materially misleading claim of infringement may expose the submitting party to liability under applicable law, including but not limited to claims for misrepresentation, tortious interference, or damages under statutes that penalize bad-faith takedown claims (such as 17 U.S.C. § 512(f) in the United States, where applicable). Shar's Consignment reserves the right to disregard claims that do not include the information requested above, that mischaracterize lawful sale or resale of genuine goods as infringement, or that are submitted in bad faith to suppress lawful competition.
Trademark Ownership
All brand names, logos, and trademarks referenced on this site remain the property of their respective owners. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site without the written permission of the trademark owner, except as necessary to describe genuine goods lawfully offered for sale.
Governing Law
This disclaimer is governed by the laws of the State of Texas, without regard to conflict-of-law principles. Nothing in this disclaimer limits any statutory rights a consumer may have that cannot be waived under applicable law.