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Choiceful Marketplace User Agreement.
This Marketplace Sellers Agreement governs your use of the Marketplace to post items for sale and governs all other related uses of the Marketplace by you. PLEASE READ THIS MARKETPLACE SELLER AGREEMENT CAREFULLY. YOU MUST AGREE TO THESE TERMS IN ORDER TO ACCESS AND USE THE MARKETPLACE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE MARKETPLACE.
Choiceful.com reserves the right to change any of the terms and conditions contained in this Marketplace Seller Agreement or any policies or rules governing the Marketplace at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Marketplace Seller Agreement or such policies and rules on the Choiceful.com site. Material changes to the Marketplace Seller Agreement shall be accompanied with a 30 day notice on the Marketplace area of the Site, and you are solely responsible for reviewing any such notice and the corresponding changes to the Marketplace Seller Agreement. YOUR CONTINUED USE OF THE MARKETPLACE FOLLOWING ANY SUCH REVISIONS TO THE MARKETPLACE SELLER AGREEMENT OR SUCH POLICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE MARKETPLACE AND ASSOCIATED SERVICES.
You must be 18 years or older to use the Marketplace and must be able to lawfully enter into and form contracts under applicable law. In setting up this account, you must provide your real name, current address, phone number, email address, and valid payment authentication information. You authorize Choiceful.com to verify the accuracy of your information and to perform credit or background checks as it desires. Choiceful.com may deny or terminate a seller account to any person for any reason.
Purpose and Use of the Marketplace
Choiceful.com provides the Marketplace solely as a location for buyers to locate and purchase new and used products from sellers like you that are independent of Choiceful.com. When buyers make a purchase from you through the Marketplace, they are purchasing the product from you and not from Choiceful.com. You agree that Choiceful.com is not an agent for you or for the buyer and has no authority to act on your or on a buyer's behalf. Because Choiceful.com is not involved in the transaction between you and buyers, Choiceful.com has no control over the buyers who make purchases or the ability of buyers to pay for items they may purchase from you. Choiceful.com has no responsibility to ensure that a buyer completes a transaction with you or makes final payment to you. You agree and represent and warrant that your use of the Marketplace will comply with applicable laws, ordinances and regulations. At any time, Choiceful.com may terminate this Marketplace Seller Agreement and may halt any pending listings or sales at any time without notice to you.
When you sell an item to a buyer through a listing on the Marketplace, the buyer may authorize payment to you through the buyer's Choiceful.com My Account. Though payment may be authorized by a buyer through a buyer's My Account, Choiceful.com is not the purchaser of the item and any dispute with the buyer must be resolved by you directly with the buyer. When a buyer places an order with you through Marketplace, Choiceful.com will authorize the applicable payment method for the entire order amount. After Choiceful.com receives verifiable shipment information for a product included in such order, Choiceful.com will charge the credit card of the buyer for the amount associated with such shipped product. Commission fees and other amounts owed to Choiceful.com will in Choiceful.com's sole discretion be deducted from the amounts received by buyers for the purchase of seller's goods and or services through Marketplace (such resulting amount, "Seller Payment"), and Choiceful.com shall have no obligation to make any Seller Payment to seller with respect to any purchase made by a buyer, unless and until Choiceful.com actually receives payment from such buyer. The first transfer shall take place on the 30th day, followed by each subsequent 15 days of each calendar month, Choiceful.com shall pay to you the owed Seller Payment associated with amounts received by Choiceful.com from purchases previously made from and fulfilled by you through the Marketplace, Choiceful.com will hold a reserve of 15 days payments to guarantee with buyers past or future purchases using your payment funds. Seller Payments shall be made to the bank account that you designate to receive payment or in such other manner selected by Choiceful.com such as by paper check (a fee per check fee will be charged as listed on the site). Choiceful.com may set transaction limits on any seller and will not be liable to seller for blocking or otherwise refusing to proceed with any transaction. Choiceful.com also reserves the right to withhold the payment of funds to you or to return funds to the buyer if we are currently investigating any claim or any suspected or alleged wrongful conduct by you or any violation of this Marketplace Seller Agreement, and you agree that Choiceful.com will not be liable to you for any such amounts. Upon any termination or suspension of your account, Choiceful.com may hold all Seller Payments for 90 days to allow for Marketplace Guarantee Claims and for the settlement of all amounts owed to Choiceful.com.
Information and Content Provided by Sellers
You agree and warrant that any product description you provide in the Marketplace and any other information and/or content you provide to buyers or to Choiceful.com at any time ("Seller Content"): (a) will be truthful, accurate and not misleading or otherwise deceptive; (b) will not violate the intellectual property rights of any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) will not violate any law, statute, ordinance or regulation; (d) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and, (e) will not create liability for Choiceful.com. You agree that any all Seller Content may be publicly displayed by Choiceful.com as Choiceful.com sees fit and at no charge to Choiceful.com. You automatically grant, as well as represent and warrant that you have the right to grant to Choiceful.com (which includes, without limitation, all of Choiceful.com's affiliated companies), an irrevocable, perpetual, sub licensable, transferable, non-exclusive, royalty-free and fully paid-up, worldwide right and license to use, copy, transmit, perform, display, modify and create derivative works, incorporate and imbed into other works, and distribute such Seller Content throughout the Site and all of the Choiceful.com properties and web sites (including, without limitation, those properties and web sites of Choiceful.com's affiliated companies) in any medium or form now existing or later created.
Products You Sell Through the Marketplace
You hereby represent and warrant that you will not list, offer or sell products that: (a) are stolen or counterfeit; (b) violate the intellectual property rights of others such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) you do not have full right and authority to sell; (d) contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) violate any law, statute, ordinance or regulation (such as those governing export control or consumer protection); (f) contain any material that is obscene, pornographic or that contains child pornography; and/or (g) create liability for Choiceful.com; (h) that you do not have adequate business insurance or liability cover to sell. Choiceful.com cannot be held liable for any claims arising from any third party for accidental damages arising from the use of any products purchased from sellers on Choiceful.com; (i) do not match the product description or product name as detailed on the product information page by Choiceful.com, occasionally due to processes used by Choiceful.com (barcode/model number match) our systems are not able to detect differences in the description of a product that sellers are listing, it is the seller's responsibility to check all items that are listed and to report any differences to Choiceful.com, if differences are found before or after purchase all liability lies with the sellers. All listings will comply with the Marketplace Seller's Guidelines which are deemed incorporated into this Marketplace Seller's Agreement. You agree to sell the product to the buyer for the listed purchase price you set according to the Seller's Guidelines. By posting a product in the Marketplace, you agree to complete the transaction as contemplated by this Marketplace Seller's Agreement.
Choiceful.com will notify you of order placement via your seller interface on the Marketplace and/or via email. You agree to ship items ordered by buyers within 48 hours following such notification of the order. You shall provide notice of shipment to Choiceful.com through your seller interface on the Marketplace, and you hereby represent and warrant that you will only provide notification of shipment following your actual shipment of the product. If Choiceful.com does not receive such shipment notification within the 48 hour shipment window, Choiceful.com may cancel such order, and Choiceful.com shall have no liability to you with respect to such cancellation, including without limitation, for any shipment made in reliance on the order or notification of such order. You agree that Choiceful.com has no obligation to ship any product you sell to a buyer through your use of the Marketplace. You agree to pay the shipping charges in full for any product that you ship in connection with an order made by a buyer. You agree that legal ownership and all risk of loss of your items remains with you until the buyer physically receives the items from you. You agree that you will ship only the product purchased by the buyer and will not include any additional products, materials or information not purchased by the buyer. You agree to ship in accordance with the then-current Seller's Guidelines, and agree that Choiceful.com is obligated to pay to you standard shipping rates less our fee in accordance with the then-current Seller's Guidelines solely for products that are actually shipped, delivered and accepted by the buyer.
You agree that you are solely responsible for determining the amount of sales, use or other taxes that you may owe as a result of your sale, and are solely responsible to collect, report and remit any such sales, use or other taxes required under applicable law. You hereby represent and warrant that you will (a) identify all states in which you have an obligation to collect and remit sales and/or use tax during registration, (b) keep such information updated at all times, and (c) will remit all such taxes collected and provided to you by Choiceful.com. Upon the request of Choiceful.com, you hereby agree to immediately provide verifiable proof acceptable to Choiceful.com of your remittance of all sales/use tax collected through the Marketplace; and if you are unable to provide such proof to the satisfaction of Choiceful.com, Choiceful.com may withhold and retain all such amounts and/or terminate your Marketplace account. You acknowledge and agree that Choiceful.com has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your sale. Without limiting the generality of the foregoing, You hereby agree to fully indemnify, defend and hold Choiceful.com (and its affiliated entities) harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with the foregoing obligations or otherwise with respect to any claim, demand or allegation of sales or use tax in any way associated with any sale made by you through the Marketplace, your nexus contacts within any state, and/or any claim alleging that Choiceful.com or any of its affiliated entities is a seller, merchant or reseller. Choiceful.com may immediately charge your payments account on file and/or set-off any and all of its costs and/or expenses that are incurred in connection with the foregoing against any amounts owing to you (including, without limitation, any Seller Payments).
You agree to pay Choiceful.com the commissions and other fees and charges set forth in this Marketplace Seller Agreement and/or the Seller's Guidelines. These fees and charges may change from time to time without notice to you. All fees and charges are payable upon demand by Choiceful.com. You agree that Choiceful.com is authorized to charge your payments account connected to your My Account for these fees and charges. You also agree that Choiceful.com may deduct such fees and charges from amounts payable to you by buyers. Without limiting any of its rights or remedies available at law or equity, Choiceful.com may suspend or terminate your marketplace account if any such amounts are overdue, and all such overdue amounts shall be subject to a late charge equal to 1.5% per month, which interest will be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by Choiceful.com.
Marketplace Customer Service
Other than to verify that payment to you by a buyer through their Choiceful.com My Account was completed, Choiceful.com does not provide any customer support for transactions made through the marketplace and you agree that Choiceful.com is not responsible to provide any such support.
YOU ACKNOWLEDGE, CONSENT AND AGREE THAT CHOICEFUL.COM (A) SHALL PROVIDE BUYERS WITH INFORMATION THAT IS REASONABLY NECESSARY FOR BUYERS TO COMMUNICATE WITH YOU REGARDING THE PURCHASE AND SHIPMENT OF GOODS AND SERVICES PURCHASED FROM YOU AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH THEIR PURCHASE (INCLUDING, WITHOUT LIMITATION, THE SELLER INFORMATION PROVIDED DURING MARKETPLACE REGISTRATION AND YOUR EMAIL ADDRESS) AND (B) MAY POST FEEDBACK ABOUT YOU THROUGH THE MARKETPLACE, INCLUDING WITHOUT LIMITATION, YOUR SELLER DETAILS, RATINGS, BUYER FEEDBACK AND EMAIL ADDRESS. YOU HEREBY AGREE THAT CHOICEFUL.COM SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY BUYER. You may receive access to certain information concerning other Marketplace users when you use the Marketplace. You hereby represent, warrant and agree (a) not to use any information regarding other Marketplace users which is accessible from the Marketplace or that may be disclosed to you by Choiceful.com, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct Choiceful.com deems unacceptable or objectionable.
Dispute Resolution Steps and Refunds
Choiceful.com will provide your email address and other contact information to buyers who purchase your product through the Marketplace. You agree to respond promptly to inquiries by buyers. You will provide an immediate order cancellation notice to Choiceful.com if you are unable to ship the product immediately upon order placement. You agree that you will provide a prompt refund to a buyer if the buyer did not received the product you shipped, if the product is damaged during shipment, if the product does not match the description as listed, or if the buyer receives a product other than the one they ordered. You agree that any such refund will be made at the latest within 10 business days of the buyer's request. Refunds may be made by using the "Refund" button in your seller account. Choiceful.com will not mediate disputes or contact buyers on your behalf. If the buyer submits a claim to Choiceful.com concerning a product or an order from you, Choiceful.com may research the claim and may contact you concerning the claim. You agree to respond promptly to any inquiry by Choiceful.com. Choiceful.com's decision concerning the claim is final and binding and you agree to abide by such decisions. In the event Choiceful.com provides any amount to a buyer in connection with a buyer's claim or the buyer seeks a chargeback with the buyer's credit card company, you agree to promptly reimburse Choiceful.com for the amount of the transaction and any associated fees and charges. Choiceful.com may immediately offset any such amount from any other amount to be paid to you in accordance with this Marketplace Seller Agreement, may charge your payment account and funds on file, and/or may collect such funds in any other lawful manner. Without limiting any of its rights to remedies, if Choiceful.com determines that you have directly or indirectly attempted or committed fraud activity with respect to the Marketplace and/or the Marketplace Guarantee Claim process, Choiceful.com may immediately suspend or terminate your account, withhold your Seller Payments, and/or offset any such amount from any other amount to be paid to you in accordance with this Marketplace Seller Agreement, charge your funds on file, and/or collect such funds in any other lawful manner to recover any damages and costs incurred by Choiceful.com in connection with such fraudulent activity. In addition, any such fraudulent activity is a criminal offense and violators will be prosecuted to the fullest extent of the law.
IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, OR BETWEEN YOU AND A BUYER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, YOU HEREBY RELEASE CHOICEFUL.COM AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.
YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT.
YOU AGREE THAT YOU USE THE CHOICEFUL.COM MARKETPLACE AT YOUR OWN RISK. THE CHOICEFUL.COM MARKETPLACE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." CHOICEFUL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE CHOICEFUL.COM MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE CHOICEFUL.COM MARKETPLACE, THE USE OF ANY SERVICES OFFERED IN CONNECTION WITH THE MARKETPLACE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL CHOICEFUL.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS MARKETPLACE SELLER AGREEMENT, YOUR USE OF THE CHOICEFUL.COM MARKETPLACE OR ITS SERVICES, ANY INFORMATION OBTAINED THROUGH THE MARKETPLACE, ANY DELAY OR INABILITY TO USE THE CHOICEFUL.COM MARKETPLACE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES TO YOU IN CONNECTION WITH THE MARKETPLACE, OR OTHERWISE ARISING OUT OF THE USE OF THE CHOICEFUL.COM MARKETPLACE OR THE CHOICEFUL.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF CHOICEFUL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MARKETPLACE SELLER AGREEMENT, THE MAXIMUM LIABILITY THAT CHOICEFUL.COM SHALL HAVE IS LIMITED TO THE ACTUAL VALUE OF ANY COMMISSIONS ACTUALY RECEIVED BY CHOICEFUL.COM IN CONNECTION WITH ANY SALES MADE BY YOU THROUGH THE MARKETPLACE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS MARKETPLACE SELLER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
No delay or failure by Choiceful.com to take action under this Marketplace Seller Agreement shall constitute any waiver by Choiceful.com of any provision of this Marketplace Seller Agreement. If any provision of this Marketplace Seller Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Marketplace Seller Agreement will continue in full force and effect. This Marketplace Seller Agreement will bind and inure to the benefit of Choiceful.com's permitted successors and assigns. Any claim under this Marketplace Seller Agreement must be brought within one (1) year after the cause of action arises. This Marketplace Seller Agreement shall be governed by the laws of England without regard to or application of any conflict of laws provisions. You agree that the sole and exclusive venue and jurisdiction for any action arising out of this Marketplace Seller Agreement shall be the state and federal courts sitting in England, in the city of London. This Marketplace Seller Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Marketplace Seller Agreement shall be null and void. Choiceful.com may freely assign this Marketplace Seller Agreement without consent or notice. This Marketplace Seller Agreement constitutes the complete and exclusive agreement between Choiceful.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.