- Disclaimers.The Company is not a party to the sale transactions between buyers and sellers. At no time and under no circumstances shall a User’s use of the Website or of the Company’s services be construed as to create or establish between the User and the Company an agency relationship, relationship of partnership or joint venturers, employer-employee relationship, or franchiser-franchisee relationship. The Company disclaims any warranties or control over the quality, condition, fitness for any purpose, warranty of merchantability, quiet enjoyment, safety, authenticity, non-infringement, or lawfulness of the products listed and sold on the Website. The Company disclaims any knowledge, verification, warranties, and/or control over the veracity, truthfulness, or accuracy of representations and description made on postings and/or the competence or ability of buyers and sellers to complete a sale transaction listed or posted through the Website. The Company disclaims any and all liability and responsibility for the images, graphics, texts, links, pictures, photographs, descriptions, information, and any and all other content featured on a listing or provided by a User. The Company neither assumes nor undertakes any obligation or responsibility to ensure or compel the completion of a sale transaction desired by a User. The Company is neither obligated nor responsible for completing transfer of possession or legal rights (e.g., ownership) to products. The Website is maintained by the Company is merely a venue. By accessing or using the Website and/or the services of the Company, Users assume the full risk, including but not limited to risk of loss, of all transactions agreed to, attempted, and/or completed.
- Eligibility.Users must be individuals who are 18 years of age or older and competent to enter into legally binding contracts. By accessing or using the Website and services of the Company, each User represents and warrants that the User is at least 18 years old and that all information provided to the Company is true and correct. Individuals under 18 years old may only access the Website and use the services of the Company under the direct supervision of a parent or legal guardian who meets the Eligibility requirements of this section.
- Compliance.Each User agrees to comply with all federal, state, and local laws regarding online conduct and the content of listings and communications in connection with the marketing, listing, and sale of a product on the Website. Each User is solely responsible for paying all applicable taxes attendant to a purchase and sale initiated and/or completed on or through the Website.
- Content of Listings.Each User is the sole owner of the content (descriptions, text, links, photographs, pictures, images, graphics, video, audio, comments, usernames, profiles, and the like) featured in the User’s listing. The Company does not claim any ownership of or rights in a User’s content featured in a listing. Each User grants the Company a nonexclusive and royalty-free license to use, refer to, feature, and/or market, in the Company’s sole discretion, the content of a User’s listing on the Website. Said license may be revoked at any time solely upon the User cancelling the listing and removing the content from the Website. Until so revoked, each User agrees the Company may retain, modify, and amend the User’s content on a listing and use or display the content in any manner that the Company decides on the Website.
EACH SELLER IS SOLELY AND ABSOLUTELY RESPONSIBLE FOR MANAGING, SAFEGUARDING, AND CONTROLLING THE CONTENT FEATURED ON A LISTING.
The content featured on a listing, whether by made, directed, or permitted by the User, shall not be false, fraudulent, or misleading; shall not contain images not directly relevant to the marketing and sale of the product that is the subject of the listing; shall not contain images or speech that are vulgar or obscene or contain pornographic or near-pornographic imagery or language; shall not involve the sale of counterfeit, illegal, or stolen products; shall not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; shall not be defamatory or trade libelous; shall not unlawfully threaten, harass, impersonate, or intimidate any person (including the Company, the Company’s staff, or other Users of the Website), or falsely state or otherwise misrepresent a User’s affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; and shall not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
THE COMPANY DOES NOT CONTROL THE CONTENT FEATURED BY USERS IN LISTINGS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY, RESPONSIBILITY, AND WARRANTIES FOR THE CONTENT POSTED ON USER LISTINGS, INCLUDING BUT NOT LIMITED TO CONTENT THAT MAY BE OFFENSIVE, HARMFUL, DECEPTIVE, AND FRAUDULENT. BY USING THE WEBSITE, EACH USER EXPRESSLY AGREES TO ASSUME ALL RISK ATTENDANT TO INAPPROPRIATE CONTENT POSTED BY USERS AND AGREES THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF, EXPOSURE TO, OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.
- Binding Sale.The listing of a product on the Website constitutes a binding offer to
- sell that specific product to a buyer who agrees to purchase the product at the listed price and
unless there is an exceptional circumstance, such as:
- the buyer fails to meet the terms of the seller's listing (such as payment method), or
- the seller cannot authenticate the buyer's identity.
- Seller Obligations.The Company will send seller a sale confirmation email providing shipping instructions and shipping label. Sellers must ship the product in accordance with the Company’s instructions and within the timeframe established by the sale confirmation email. Failure to ship the product within this time shall subject the seller to a service fee in the amount of fifteen (15) U.S. dollars or fifteen percent (15%) of the gross sales price, whichever is greater. For a seller’s failure to fulfill an order, the Company reserves the right to
- terminate or suspend the seller’s account, or place limitations on the seller’s listing and sale privileges;
- charge the seller’s credit card or account for any costs and expenses incurred by the Company;
- withhold any payments due to seller; and/or
- charge a service fee to the seller’s credit card in the amount of fifteen
- Nonconformity, Counterfeits, and Frauds.Seller is responsible for ensuring that the product shipped to a buyer matches exactly the product featured on the listing. If a shipped product does not conform to the product as sold and as featured on the listing, then the Company may charge the seller’s credit card with a service fee in the amount of fifteen (15) U.S. dollars or fifteen percent (15%) of the gross sales price, whichever is greater, together with all amounts necessary, in the sole discretion of the Company, to reimburse the buyer and reimburse the Company for transaction expenses related to the sale. With regard to counterfeit items, or the use of the Website to defraud, or attempt to defraud, any buyer or the Company, or both, the Company reserves the right to do any of the following in the Company’s sole discretion
without regard to seller’s knowledge or suspicion that any product was counterfeit or fraudulent:
- terminate or suspend the seller’s account, or place limitations on the seller’s listing and sale privileges;
- charge the seller’s credit card or account for any costs and expenses incurred by the Company and/or the buyer;
- withhold any payments due to seller;
- charge a service fee to the seller’s credit card in the amount of fifteen (15) U.S. dollars or fifteen percent (15%) of the gross sales price, whichever is greater;
- cancel any or all of seller’s orders then pending;
- ship the product(s) back to the seller at the seller’s cost; and/or
- provide the counterfeit items to law enforcement or destroy the counterfeit items. If a buyer receives a product believed to be counterfeit or fraudulent, the buyer must notify the Company in writing within 3 days after receiving the product, and the Company will commence an investigation into the product. The buyer shall cooperate with the investigation, including but not limited to by providing photographs and other evidence of the product, providing the product to law enforcement, delivering the product back to the Company, or destroying the product, at the Company’s instruction.
- Buyer Obligations.A buyer shall pay for every product purchased or requested to be purchased by the buyer. The listing of a product on the Website constitutes a binding offer by the seller to sell and ship that specific product when a buyer makes a bid that matches a seller’s list price. When a buyer bids on a product, the buyer has agreed to purchase the product immediately upon the buyer’s bid matching the seller’s list price, and the buyer has agreed that the price shall be withdrawn from the buyer’s payment method.
ALL SALES ARE FINAL ONCE THE PRODUCT IS AUTHENTICATED AND DELIVERED, AND NO REFUNDS WILL BE MADE REGARDLESS OF THE CURRENT VALUE OF THE ITEM. All buyers must have a billing address and shipping address within the United States or Canada. The Company will charge a buyer’s credit card immediately upon purchase and hold the funds in escrow until the transaction is complete, at which time the Company will pay the seller. Buyers will not receive any interest on the amount in escrow. If payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested),
the Company reserves the right to do any or all of the following, in its sole discretion:
- charge buyer’s credit card a service fee in an additional amount equal to 15% of the transaction amount or $15.00 USD for items below $50.00 USD, whichever is greater;
- remove any or all of buyer’s pending bids from the Website;
- cancel any or all of buyer’s orders then pending;
- withhold refunds or payments due to buyer;
- place limits on buyer’s buying and selling privileges;
- charge buyer’s credit card for costs, expenses and fees incurred by the Company as a result of buyer’s action or inaction; and/or
- temporarily or permanently suspend buyer’s account.
- Payment providers :You expressly authorize our/Flex's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.
- The Company's Intellectual Property.The Company and all of its graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of the Company and may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
- Limit on Liability.In no event shall the Company or its officers, directors, managers, employees, representatives, or agents be liable for any damages, whether direct or indirect, general or special, compensatory or consequential, punitive or exemplary, incidental damages, damages for lost profits or loss of business, damages for injury, bodily harm, and/or emotional distress, or consequential damages of any nature, arising out of or related to any User’s use of the Website or purchase or sale of a product on or through the Website. Each User expressly acknowledges and agrees that the Company’s sole liability under any circumstance shall be limited to the amount of the commission(s) paid by the User in connection with the sale, event, or other circumstance giving rise to the Company’s alleged liability.
- Contact. If you have any question please contact us at firstname.lastname@example.org