Legal · Version tabisha-couture-vendor-marketplace-2026-09-13-v5
Tabisha Couture Vendor Services and Marketplace Agreement·
This Agreement governs every approved boutique’s access to and use of the Tabisha Couture marketplace, storefront, payment, listing, and related services. It is a binding legal contract between the vendor identified in the application and Tabisha Couture, a DBA of Evolute LLC, a Texas limited liability company.
1. Agreement, authority, and electronic assent
By checking the acceptance box, typing a legal name, or using vendor services after notice of this Agreement, Vendor represents that the signer is at least eighteen years old, has legal capacity, and has authority to bind Vendor. Electronic records and signatures have the same intended effect as paper records and handwritten signatures. Vendor consents to receive agreements, notices, disclosures, tax records, and operational communications electronically and must maintain a working email address.
This Agreement incorporates the vendor-specific fee schedule, product-level return terms, the Tabisha Couture Terms of Service and Privacy Policy, applicable marketplace policies, and the Stripe Connected Account Agreement. A conflicting signed fee schedule controls only as to the commercial term it expressly addresses.
2. Independent marketplace relationship
Tabisha Couture provides technology, discovery, checkout facilitation, administrative support, and marketplace services. Vendor is an independent business, the seller and merchant of record for its products unless applicable law requires otherwise, and is not an employee, agent, partner, joint venturer, franchisee, fiduciary, or legal representative of Tabisha Couture. Vendor has no authority to bind Tabisha Couture or make warranties on its behalf.
Tabisha Couture does not manufacture, take title to, possess, inspect, endorse, or guarantee Vendor products. Tabisha Couture may review, edit, refuse, remove, rank, or suspend content or access, but such activity does not shift Vendor’s legal responsibility.
3. Approval, account security, and verification
Access is discretionary and conditioned on accurate application, identity, business, tax, contact, banking, and beneficial-owner information. Vendor must keep that information current, protect credentials, use authorized personnel only, and promptly report suspected compromise. Tabisha Couture may require reverification, certifications, documents, insurance, licenses, or corrective action at any time.
Vendor authorizes Tabisha Couture and designated providers to verify information and make disclosures required by law, payment rules, the INFORM Consumers Act, court process, or regulatory request. Failure to provide or certify required information may result in suspension of future sales.
4. Product, pricing, and listing obligations
Vendor must ensure every listing is truthful, complete, current, substantiated, and not misleading. This includes identity of the seller, product condition, composition, origin, dimensions, sizing, included components, availability, lead time, care, certification, safety, authenticity, color limitations, return eligibility, and any material restriction.
Vendor sets its merchandise price and chooses a disclosed shipping policy. Vendor funds promised free shipping and any EasyPost postage, carrier adjustment, or fulfillment cost, and understands Stripe processing fees may apply to the merchandise-plus-shipping charge. Tabisha Couture calculates its platform commission on merchandise only and applies no shipping markup. Vendor may not add undisclosed buyer charges, use deceptive reference prices, manipulate scarcity, or direct Tabisha Couture buyers to off-platform payment to avoid obligations.
Vendor retains responsibility for reviewing AI-assisted titles, descriptions, classifications, translations, edits, and images before submission or publication. AI assistance is not legal, tax, authenticity, safety, or compliance advice.
5. Prohibited and regulated products
Vendor may not offer counterfeit, replica, stolen, recalled, unsafe, unlawful, infringing, deceptive, misbranded, sanctioned, or restricted products, or goods it lacks authority to sell. Vendor must comply with labeling, textile, fiber-content, country-of-origin, jewelry, children’s product, consumer safety, advertising, export, import, sanctions, and other requirements applicable to its goods and claims.
Vendor must immediately notify Tabisha Couture of a suspected safety issue, recall, infringement, fraud, government inquiry, or material misdescription and cooperate with removal, preservation, notice, refund, or remediation measures.
6. Orders, fulfillment, delivery, and buyer remedies
Vendor must immediately update Tabisha Couture inventory after every in-store, exhibition, social-media, or other off-platform sale. If stale inventory causes an unavailable product to be purchased online, Vendor must promptly contact the buyer through the private order conversation, explain the availability issue, and, where reasonably possible, offer an accurate restock date for the buyer to accept. Vendor alone authorizes an ordinary unavailable-item cancellation. If Vendor authorizes cancellation, Vendor must provide the buyer a full refund. Tabisha Couture will return its application fee, but Stripe generally does not return the original processing fee; Vendor accepts and bears that actual non-returned fee. Tabisha Couture will not voluntarily initiate an ordinary unavailable-item refund without Vendor’s express authorization through the marketplace workflow.
Vendor must maintain accurate inventory, accept only fulfillable orders, securely package stocked products, and ship them by 11:59:59 PM in Vendor’s configured timezone on the third Monday-through-Friday weekday after successful payment. Weekends are excluded; federal holidays are not. A preorder, made-to-order product, or separately disclosed future ship date controls only when the buyer accepted that promise at purchase.
If shipment cannot occur as promised, Vendor must promptly contact the buyer through the private order conversation, explain the delay and propose a specific, accurate new date. Vendor must give the buyer a meaningful choice to consent to the delay or cancel for a full refund, and must promptly authorize a refund if the buyer declines or when otherwise required, while complying with the FTC Mail, Internet, or Telephone Order Merchandise Rule.
Vendor bears costs and responsibility for fulfillment, loss, damage, carrier claims, incorrect or late shipment, non-delivery, and buyer remedies attributable to Vendor. Delivery estimates are not guarantees, but Vendor may not make them without a reasonable basis. Vendor must preserve order, tracking, inspection, and communication records.
7. Returns, refunds, disputes, and chargebacks
Vendor must honor the return policy displayed at purchase and all non-waivable consumer rights. Vendor is responsible for resolving ordinary product, fulfillment, return, chargeback, and order conflicts directly with the buyer through the private order conversation. Tabisha Couture is not the ordinary product-inquiry or buyer–boutique dispute contact and does not arbitrate or assume responsibility for those conflicts. Except for Vendor’s express authorization in the marketplace workflow, Tabisha Couture will not voluntarily initiate an ordinary product or availability refund. This allocation does not limit Tabisha Couture from facilitating or initiating refunds, reversals, evidence submissions, or other action when reasonably necessary to operate the payment system, protect safety, address fraud, comply with law or payment-network rules, honor non-waivable consumer rights, respond to a chargeback, or preserve marketplace integrity.
Vendor is responsible for refunds, chargebacks, card-network assessments, dispute losses, penalties, retrieval requests, and remediation arising from Vendor products, acts, omissions, fulfillment, claims, or policy breaches. Vendor must respond by stated deadlines and provide complete, authentic evidence.
8. Payments, fees, reserves, and setoff
Stripe and other providers process payments and payouts under their own terms. Vendor authorizes direct charges, application fees, reversals, refunds, holds, reserves, account debits, and payout adjustments needed to perform marketplace transactions. Timing estimates are not guarantees, and Tabisha Couture does not hold card credentials.
The applicable platform fee is stated only in Vendor’s separately executed fee schedule. An amended fee does not become effective until the required Tabisha Couture and Vendor signatures are recorded. To the extent permitted by law, Tabisha Couture may withhold, reserve, recoup, or set off amounts reasonably necessary for expected refunds, chargebacks, claims, penalties, fraud, negative balances, indemnity obligations, or other sums Vendor owes.
9. Taxes and business compliance
Vendor is responsible for registrations, permits, licenses, books, income and employment taxes, product taxes, duties, and filings allocated to Vendor by law. Marketplace-facilitator collection, if any, does not relieve Vendor of amounts or filings not expressly handled by Tabisha Couture. Vendor must provide valid tax documentation and may not characterize Tabisha Couture as its employer.
10. Content, intellectual property, and license
Vendor retains ownership of content it owns and grants Tabisha Couture a worldwide, nonexclusive, sublicensable, transferable, royalty-free license during the Agreement and for reasonable archival, legal, and promotional periods thereafter to host, reproduce, format, edit, translate, distribute, display, advertise, and create derivative marketplace materials from Vendor content solely to operate, improve, protect, and promote Tabisha Couture and Vendor’s participation.
Vendor represents that it owns or has all rights, releases, and permissions needed for product content, names, marks, people, music, designs, and claims. Vendor must not remove rights-management information or interfere with standard protective measures. Repeat infringement may result in termination.
11. Confidentiality, privacy, and buyer data
Vendor may use buyer information only to fulfill the applicable order, provide authorized support, satisfy legal obligations, or as otherwise expressly permitted. Vendor may not sell, scrape, combine, disclose, or use buyer data for unsolicited marketing. Vendor must maintain reasonable administrative, technical, and physical safeguards and promptly report any suspected unauthorized access, disclosure, or security incident.
12. Monitoring, records, and audit cooperation
Tabisha Couture may preserve an append-only audit trail of applications, signatures, fee schedules, account changes, product changes, orders, fulfillment, and administrative actions. Vendor consents to those records being used for operations, fraud prevention, dispute resolution, compliance, and evidence. Vendor must retain supporting business records for the period required by law and provide reasonably requested records promptly.
13. Suspension and termination
To the fullest extent permitted by law, Tabisha Couture reserves the right to approve, decline, restrict, suspend, or terminate any Vendor account or participation, in whole or in part, when Tabisha Couture reasonably considers it necessary or appropriate for the marketplace. Grounds include safety, suspected fraud, infringement, legal or payment risk, nonpayment, repeated or substantiated negative buyer feedback, frequent escalations, chargebacks, inaccurate information, policy breach, regulatory request, or protection of users or Tabisha Couture. Vendor may stop listing products, but accrued payment, refund, chargeback, confidentiality, data, audit, indemnity, limitation, and dispute obligations survive.
14. Vendor indemnification
To the fullest extent permitted by law, Vendor will defend, indemnify, and hold harmless Tabisha Couture, its operator, affiliates, officers, directors, employees, contractors, licensors, and service providers from third-party claims, investigations, losses, judgments, penalties, settlements, liabilities, costs, and reasonable legal fees arising from Vendor products, content, taxes, data practices, fulfillment, infringement, law violations, representations, negligence, willful misconduct, or breach of this Agreement. Tabisha Couture may control the defense of matters affecting the platform, and Vendor may not settle in a manner admitting fault or imposing obligations on an indemnified party without written consent.
15. Disclaimers and limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TABISHA COUTURE DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING. TABISHA COUTURE DOES NOT GUARANTEE SALES, TRAFFIC, SEARCH PLACEMENT, UPTIME, PAYOUT TIMING, BUYER CONDUCT, OR THIRD-PARTY SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TABISHA COUTURE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, REPUTATIONAL HARM, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES. TABISHA COUTURE’S AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT WILL NOT EXCEED THE PLATFORM FEES ACTUALLY RECEIVED FROM VENDOR DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY WHERE PROHIBITED BY LAW.
16. Dispute process and governing terms
Before filing a claim, each party must provide written notice describing the dispute and requested relief and allow thirty days for good-faith informal resolution. Except where non-waivable law requires otherwise, this Agreement is governed by the law of the state in which Tabisha Couture’s principal place of business is located, without regard to conflict-of-law rules, and each party consents to the exclusive jurisdiction of the state and federal courts serving that location. Each party waives any objection based on inconvenient forum. Nothing in this section limits either party’s right to seek temporary injunctive relief or pursue a claim that cannot lawfully be restricted.
17. General provisions
Vendor may not assign this Agreement without written consent; Tabisha Couture may assign it in connection with reorganization, financing, merger, asset transfer, or sale. Neither party is liable for delay caused by events beyond reasonable control, except payment and legally required refund duties. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remainder remains effective. Waiver must be written. Headings are for convenience. This Agreement, incorporated policies, and signed fee schedules are the entire agreement on their subject matter.
18. Notices and contact
Operational and legal notices may be delivered to the account email and are effective when sent, subject to applicable law. Vendor must keep contact information current. Platform, account, privacy, legal, safety, fraud, and technical notices may be sent to hello@evolute-llc.com. This address is not a product-inquiry or ordinary buyer-order-dispute channel. Review the Terms of Service and Privacy Policy.

