Terms and Conditions
1. Acceptance of Terms
By accessing or using our website, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms, you may not use our services.
2. Registration and Responsibilities
a. Eligibility: To become a user on our platform, you must be at least 18 years old and legally capable of entering into contracts.
b. Registration Information: Users are responsible for providing accurate and up-to-date information during the registration process. Any changes to this information should be promptly updated.
c. Listings: Users are solely responsible for the accuracy and completeness of listings, including but not limited to descriptions and availability.
d. Compliance: Users must comply with all applicable laws and regulations, including those related to product safety, intellectual property, consumer protection, and data privacy.
3. Transactions and Payments of Listings
a. Order Fulfillment: Users are responsible for timely and accurate order fulfillment. Failure to fulfill orders may result in penalties, including suspension from the platform.
b. Pricing and Fees: Users are responsible for setting their product prices but must adhere to any pricing guidelines set forth by the platform. The platform may charge fees for the use of its services, and these fees will be communicated to users.
c. Payment Processing: The platform will facilitate payment processing on behalf of sellers. Users will receive payments, minus applicable fees, in accordance with the platform’s payment schedule.
4. Returns and Refunds related to listings and sales.
a. Communication: Sellers and users are responsible for responding to customer inquiries and resolving customer issues in a timely and professional manner.
b. Returns and Refunds: Returns and refunds for non-returnable items are subject to the consensus of the seller. The following items are non-returnable:
• Digital products, such as ebooks, software, and downloadable content.
• Personalized items, such as custom-made products, hand-crafted products, or items with engravings.
• Perishable items, such as food or flowers.
• Gift cards.
Users or sellers may determine their own policies regarding returns and refunds, provided they communicate these policies clearly to customers.
5. Data Privacy
a. User Data: Members acknowledge and agree that the platform may collect and process data related to their use of the platform. The platform will handle seller data in accordance with applicable data protection laws and the platform’s privacy policy.
6. Disclaimer and Limitation of Liability
a. Disclaimer: The platform makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of any information or content on the platform.
b. Limitation of Liability: The platform shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your use or inability to use the platform, (ii) any unauthorized access to or use of our servers and/or any personal information stored therein, (iii) any interruption or cessation of transmission to or from the platform, (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the platform by any third party.
7. User Responsibilities
a. User Conduct: Users of the platform must adhere to all applicable laws and regulations and conduct themselves lawfully and respectfully.
b. User Data: Users acknowledge and agree that the platform may collect and process data related to their use of the platform. The platform shall handle user data with the best efforts to ensure security, confidentiality, and compliance with applicable data protection laws.
8. Arbitration Clause
Any disputes arising under or in connection with these terms will be resolved through binding arbitration with Judicial Arbitration and Mediation Services. The arbitration will be conducted in accordance with the rules of JAMS, and the decision of the arbitrator(s) will be final and binding.
9. Indemnification
Users agree to indemnify and hold the platform harmless from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to their use of the platform, including but not limited to any breach of these terms and conditions.
10. Termination
The platform reserves the right to terminate the seller’s or user’s account at its discretion, with or without cause. Termination may result from violations of these terms and conditions or for any other reason deemed appropriate by the platform.
11. Amendments
The platform reserves the right to modify these terms and conditions at any time. Users will be notified of any changes, and continued use of the platform after notification constitutes acceptance of the modified terms.
12. Governing Law
These terms and conditions are governed by the laws of California. Any disputes not resolved through arbitration will be subject to the exclusive jurisdiction of the courts in California.
By using our marketplace platform, you acknowledge that you have read, understood, and agreed to these terms and conditions.