Last updated: October 1, 2026
Welcome to Outgrown NY. These Terms & Conditions (the "Terms") govern your access to and use of outgrownny.com (the "Site") and the services we provide, including buying items, consigning items with us, and receiving communications from us (collectively, the "Services").
The Services are operated by Outgrown, LLC, a New York limited liability company doing business as Outgrown NY ("Outgrown," "we," "us," or "our").
By using the Services — browsing the Site, joining the waitlist, scheduling a pickup, handing us a bag, or making a purchase — you agree to these Terms. If you do not agree, please do not use the Services.
Your privacy matters to us. Our Privacy Policy describes how we handle your personal information; it governs our data practices but is not part of this agreement. Our Mobile Terms of Service (at outgrownny.com/privacy#mobile-terms) govern our text-message program and are incorporated into these Terms.
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for parents and caregivers; they are not directed at children. Pickup and consignment services are currently available only in our New York City service area; we ship purchases where indicated at checkout.
Outgrown is a managed resale service for kids' clothing (ages 0–6; clothing only — no gear, shoes, toys or equipment). Sellers ("Consignors") give us their outgrown items; we inspect, photograph, price, list, and sell them through the Site; buyers purchase them; Consignors earn store credit or cash payouts on items that sell. Items that don't sell or don't meet our standards are donated to our charity partners or sent to textile recycling, so that as little as possible goes to waste.
These terms apply when you consign items with us. Every consignor also accepts our Consignor Agreement when requesting a bag; that agreement controls where it differs from this Section. Pieces given during the founding pilot aren't paid out, whichever drop they're sold in; founding families' 40% off for life takes the place of payment. Anything a founding family sends in a new bag is consigned under these terms and paid like any other consignor.
When we receive your bag, we inspect each item. We accept items that meet our condition and brand standards (clean, free of significant wear, stains, holes, odors, or damage, and from brands we carry). Acceptance is at our sole discretion.
Items we do not accept are not returned to you — they are donated to our charity partners (currently Good+ Foundation, Room to Grow and Little Essentials) or sent to textile recycling, unless you claim them when we email you what made the drop and what didn't.
We cannot accept items that have been recalled by the U.S. Consumer Product Safety Commission or that fail to meet applicable children's product safety standards. You represent that, to your knowledge, items you consign have not been recalled — you know your items' history, and you are our first line of defense.
Safety comes first. We may remove any listing, decline or unwind any sale (with a full refund to the buyer), or withdraw any item from the Services at any time if we learn of a recall or other safety concern, whether before or after sale.
We set listing prices, write descriptions, photograph items, and decide when and how items are listed, featured, marked down, or bundled, all at our discretion. We may adjust prices over time to help items sell; we do not guarantee any minimum sale price.
When your item sells, you earn a percentage of the price it sold for (excluding shipping and taxes). If we mark an item down or run a promotion, your share is calculated on that sale price:
| Item tier | Store credit | Cash payout |
|---|---|---|
| Premium brands | 44% | 33% |
| Everyday brands | 33% | 22% |
Tier assignment (premium vs. everyday) is determined by us based on our current brand list. The rates, tier assignment, payout basis, and consignment window that apply to an item are the ones in effect on the date we accept it at intake — later changes to these Terms apply only to items consigned after the change.
Cash payouts are processed weekly, within 7 days of the sale, by the method you choose when you sign up. Store credit is applied to your account as soon as the sale is final.
Items are listed for 90 days from the date they go live. By consigning, you authorize us — at intake, as a standing authorization — to donate any item that has not sold by the end of its window to our charity partners (with items unsuitable for donation sent to textile recycling). Items are not returned once listed — the moment to claim a piece back is the curation email we send after sorting your bag. If you'd like a donation receipt, our donation email links to the charity's own receipt form; the receipt comes from the charity, not from us, and whether anything is deductible is a question for your tax adviser.
Notices under this Section 3 are sent by email to the address on your account and are effective when sent. (We don't use text messages for consignment notices — texting opt-outs never affect your consignment.)
You keep ownership of accepted items until they sell or are donated; title to sold items passes to the buyer at sale, and donated items pass to the charity at donation. You authorize us to transfer title on your behalf in each case. We take reasonable care of consigned items while they are with us, but we are not an insurer: we do not insure items individually and do not accept responsibility for loss or damage while an item is in our custody, for ordinary handling wear, for pre-existing wear disclosed in the listing, or for loss by the carrier after shipment.
By consigning, you confirm that: you own the items (or have the owner's permission to sell them); they are genuine — no counterfeits; they are not stolen, recalled, or subject to any lien or claim; you are consigning as an individual, not as a commercial reseller (unless we've agreed otherwise in writing); and that once we have collected a piece, it is consigned exclusively to us — you will not list or sell that piece through any other shop, marketplace, app, or private sale until we have told you it did not make the drop, or returned it to you.
Store credit is issued to your account and can be used for purchases on the Site. Store credit does not expire. It has no cash value, cannot be redeemed for cash except where required by law, and is not transferable. Store credit you have earned survives account closure or termination of these Terms, except in cases of fraud or consignment of counterfeit or stolen goods.
All items are pre-owned unless otherwise stated, and each is unique — quantities are one of one, and an item may become unavailable even after you've added it to your cart. We work hard to describe items accurately, including their condition, but secondhand items may show normal signs of prior love. Prices, availability, and promotions may change at any time. We may cancel any order (with a full refund) for errors in pricing or listing, suspected fraud, or unavailability.
Payments are processed by our third-party payment processors (currently Shopify Payments). You represent that you are authorized to use your chosen payment method. Sales tax is collected where required.
Shipping costs and options are shown at checkout. Risk of loss passes to you on our delivery of the order to the carrier.
All sales are final, except: if an item arrives materially different from its listing description (wrong item, undisclosed damage or condition issue), contact us at hello@outgrownny.com within 7 days of delivery and we will make it right with a refund or store credit once the item is back with us. Return shipping is at your cost. We may ask for photos. Items marked final sale, and issues reported after 7 days, are not eligible.
You agree to provide accurate information and keep it current. You're responsible for activity under your account. We may communicate with you by email and, where you've consented, by text message — our SMS program is governed by the Mobile Terms of Service at outgrownny.com/privacy#mobile-terms. Consent to marketing texts is never a condition of purchase, and you can opt out anytime by replying STOP.
The Site and its content — the Outgrown name and wordmark, logos, photography, text, designs, and software — belong to Outgrown, LLC or our licensors, and are protected by trademark, copyright, and other laws (trademark applications pending). You may not use our marks or content without our prior written permission. Item photographs we create remain ours, including photos of consigned items.
If you post reviews, photos, or other content to the Services or tag us on social media, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with the Services and our marketing. You promise your content doesn't violate anyone else's rights. We may remove any user content at our discretion.
You agree not to: use the Services for anything unlawful; consign counterfeit, stolen, or recalled goods; scrape, copy, or reverse-engineer the Site; interfere with the Site's operation or security; misrepresent your identity; or use the Services to build a competing service.
All items are sold pre-owned and "as is," except as expressly stated in an item's listing and in Section 5.4. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Manufacturer warranties generally do not transfer with secondhand goods. The Services themselves are provided "as is" and "as available."
To the fullest extent permitted by law: we are not liable for indirect, incidental, special, consequential, or punitive damages; and our total liability for any claim relating to the Services is limited to the greater of (a) the amount you paid us in the 12 months before the claim or (b) $100. For claims relating to a consigned item, our liability is limited as described in Section 3.5. Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.
You agree to indemnify and hold Outgrown, LLC and its members, officers, and agents harmless from claims arising out of your breach of these Terms, your content, or items you consign (including authenticity, ownership, or safety claims), except to the extent caused by our own negligence or misconduct. This does not extend to a breach of the exclusivity promise in Section 3.6, for which we will not seek indemnity from a consignor.
These Terms are governed by New York law, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Kings County, New York, and both parties consent to that venue.
Informal first: before filing anything, contact us at hello@outgrownny.com — most issues can be sorted out quickly.
We may update these Terms from time to time; the "Last updated" date will change and material updates will be posted on the Site. Continued use after changes means you accept them. We may suspend or terminate access to the Services for violations of these Terms. Sections that by their nature should survive (earned payouts, IP, disclaimers, liability limits, disputes) survive termination. Termination does not affect payouts you've already earned.
If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, the Privacy Policy, the Mobile Terms, and any Consignor Agreement you've signed are the entire agreement between us.
Outgrown, LLC (d/b/a Outgrown NY)
Brooklyn, New York
hello@outgrownny.com