Legal notice
Full Legal Disclaimer (policy page / Terms page)
Product Authenticity, Condition & Secondhand Status
All merchandise offered for sale by Gild The Lily is secondhand, pre-owned, vintage, or consigned. Items may show normal signs of prior use, including but not limited to minor scuffs, patina, fading, odor, or wear consistent with age and use. Gild The Lily makes reasonable efforts to inspect, describe, and where applicable authenticate items prior to listing, but does not warrant that every item is new, unused, or free of defects not disclosed in the listing.
No Affiliation, Sponsorship, or Endorsement
Gild The Lily is an independent secondhand/consignment retailer. Gild The Lily 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. Any use of a brand name, designer name, logo, or trademark on this site is used solely to identify, describe, and accurately list genuine secondhand goods that were originally manufactured and sold by that brand — not to suggest any business relationship, authorization, licensing, or partnership.
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 and is protected under two well-established legal doctrines:
- **Nominative (trademark) fair use.** A reseller 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. Describing a pre-owned handbag as, for example, a "[Brand] tote" is a truthful, necessary identification of the actual product being sold, not an infringing use of the mark.
- **First-sale doctrine (trademark and copyright exhaustion).** Once a brand owner sells a genuine item, the purchaser's right to resell that specific physical item — and to truthfully describe it by its real brand name in order to sell it — is a well-recognized legal principle in the United States and analogous doctrines in most other jurisdictions. Reselling genuine goods does not require the brand owner's permission and does not, by itself, infringe the brand owner's trademark or copyright.
Gild The Lily only lists genuine, authentic items acquired through lawful consignment, purchase, or trade, and does not knowingly offer counterfeit goods. Any brand, images of packaging, care cards, or authentication marks appearing in listing photos depict the actual physical item for sale and are not used to imply sponsorship.
Response to Infringement Claims
Gild The Lily 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 at [contact email] with:
1. Identification of the specific trademark or copyrighted work at issue;
2. A link to (or clear identification of) the specific listing in question;
3. A statement explaining the basis for the claim of infringement;
4. Contact information for the complaining party; and
5. A statement, made in good faith, that the complained-of use is not authorized.
Gild The Lily will review each notice on its merits. Because Gild The Lily sells genuine 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 Gild The Lily or another cognizable legal claim — may be declined. Gild The Lily 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). Gild The Lily reserves the right to disregard claims that do not include the information requested above, that mischaracterize lawful 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 resale.
### Governing Law
This disclaimer is governed by the laws of MI, 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.