Terms & Conditions

Effective Date: March 30, 2026
These Terms and Conditions (“Terms”) govern your access to and use of saganswares.com (the “Site”), operated by Sagan’s Wares, LLC, a Texas limited liability company (“Company,” “we,” “our,” or “us”). By accessing or using the Site, you (“you” or “customer”) agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Eligibility
You must be at least 18 years of age or the age of majority in your jurisdiction to use this Site or make purchases. By using the Site, you represent and warrant that you meet this eligibility requirement.

2. Nature of Products
Sagan’s Wares sells resale merchandise, including but not limited to returned products, open-box items, second-hand goods from estate sales, and art. ALL PRODUCTS ARE SOLD “AS-IS” AND “AS-DESCRIBED.” Each product listing includes a condition description (e.g., “Lightly Used,” “Open Box,” “Good,” “Fair”). While we make reasonable efforts to accurately describe the condition of each item, minor imperfections consistent with used or resale goods may exist that are not explicitly listed. Photographs on the Site depict the actual item being sold unless stated otherwise. We do not guarantee manufacturer warranties or certifications for resale items unless explicitly stated.

3. Pricing and Payment
3.1 Prices. All prices are listed in U.S. Dollars (USD) and are subject to change without notice. Prices do not include shipping or applicable sales tax, which are calculated at checkout.
3.2 Sales Tax. Applicable sales tax is automatically calculated by Avalara based on your shipping destination and collected at checkout in compliance with state and local tax laws.
3.3 Payment Methods. We accept payment through Wix Payments (major credit/debit cards) and PayPal. All payments must be completed at the time of purchase unless using the Proffer system. Payment processing is handled by third-party providers subject to their terms of service.
3.4 Order Acceptance. Placement of an order constitutes an offer to purchase. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, pricing errors, suspected fraud, or violations of these Terms. If your order is cancelled after payment, a full refund will be issued.

4. The Proffer System (Make-an-Offer)
4.1 Overview. Certain products on our Site feature a “Proffer” button that allows you to submit an offer to purchase the item at a price below the listed price.
4.2 How It Works. You submit an offer amount for the item. If the offer meets or exceeds the auto-accept threshold set by Sagan’s Wares, the offer is automatically accepted and you will be prompted to complete payment. If the offer is below the auto-accept threshold, it is submitted for manual review by our team. We may accept, reject, or counter your offer at our sole discretion.
4.3 Binding Agreement. An accepted Proffer offer constitutes a binding agreement to purchase the item at the accepted price. Failure to complete payment within 24 hours of offer acceptance may result in cancellation of the offer.
4.4 Limitations. Auto-accept thresholds are confidential and determined solely by Sagan’s Wares. We reserve the right to modify, suspend, or discontinue the Proffer system at any time. Proffer offers are non-transferable.

5. Dingo’s Den Marketplace
5.1 Third-Party Sellers. Dingo’s Den is a marketplace feature that allows approved third-party sellers to list and sell items through our Site. Sagan’s Wares acts as a platform provider and is not the seller of Dingo’s Den items.
5.2 Seller Responsibility. Third-party sellers are solely responsible for: the accuracy of their product descriptions and condition ratings, fulfilling and shipping orders, complying with all applicable laws (including tax obligations), and resolving disputes directly with buyers.
5.3 Commission. Sagan’s Wares retains a commission on each Dingo’s Den sale as specified in the seller agreement. Commissions are deducted before seller payouts.
5.4 Buyer Protection. If a Dingo’s Den seller fails to resolve a dispute, Sagan’s Wares may, at its sole discretion, mediate the dispute or issue a refund. Sagan’s Wares is not liable for the actions, products, or representations of third-party sellers.
5.5 Prohibited Items. Dingo’s Den sellers may not list items that are illegal, counterfeit, hazardous, recalled, or prohibited by Wix’s terms of service. Sagan’s Wares reserves the right to remove any listing and suspend any seller account that violates these Terms.

6. Intellectual Property
All content on the Site—including text, graphics, logos, images, the Sagan’s Wares name and logo, the “Proffer” name, the “Dingo’s Den” name, and software—is the property of Sagan’s Wares, LLC or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without our prior written consent.

7. User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to update your information as needed. We reserve the right to suspend or terminate any account that we believe violates these Terms or is being used fraudulently.

8. Prohibited Conduct
You agree not to: use the Site for any unlawful purpose; submit fraudulent orders or Proffer offers; interfere with or disrupt the Site or its servers; attempt to gain unauthorized access to any portion of the Site; use bots, scrapers, or automated tools to access the Site; post false, misleading, or defamatory reviews or content; harass, threaten, or harm other users or our staff; or circumvent any security features of the Site.

9. Animal Rescue Donations
Sagan’s Wares donates 20% of its profits to animal rescue organizations. Donation amounts are calculated on net profits and disbursed at the sole discretion of Sagan’s Wares, LLC. Donations are not tied to individual purchases and do not constitute a tax deduction for customers. Featured rescue organizations are selected at our discretion and may change at any time.

10. Disclaimers
THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL PRODUCTS SOLD ON THIS SITE ARE PREVIOUSLY OWNED, RETURNED, OR RESALE ITEMS. WE MAKE NO WARRANTIES REGARDING PRODUCT FUNCTIONALITY, LIFESPAN, OR SUITABILITY FOR ANY PARTICULAR USE BEYOND WHAT IS STATED IN THE PRODUCT DESCRIPTION.

11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAGAN’S WARES, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE; (B) ANY PRODUCT PURCHASED THROUGH THE SITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING DINGO’S DEN SELLERS; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION; OR (E) ANY OTHER MATTER RELATING TO THE SITE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification
You agree to indemnify, defend, and hold harmless Sagan’s Wares, LLC, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law; (d) any content you post or submit to the Site; or (e) your use of any product purchased through the Site.

13. Dispute Resolution
13.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
13.2 Informal Resolution. Before filing any formal action, you agree to first contact us at info@saganswares.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receipt.
13.3 Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising from or relating to these Terms or the Site shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, conducted in Harris County, Texas. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.4 Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration.
13.5 Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court in Harris County, Texas, for disputes within the court’s jurisdictional limits.

14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Sagan’s Wares, LLC regarding your use of the Site and supersede all prior agreements, communications, and understandings.

16. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes take effect upon posting to the Site with an updated Effective Date. Continued use of the Site after changes are posted constitutes acceptance of the modified Terms. Material changes will be communicated via email or prominent notice on the Site.

17. Contact Information
Sagan’s Wares, LLC
Houston, TX 77057
Email: info@saganswares.com

Understanding Our Terms