Sellarama.com Terms of Service &
Conditions of Use
The
following Terms of Service ("Terms") shall apply exclusively to the
business relationship between sellarama.com ("the Website"), and the
end user (“You” or “Your”). By using the Website, the user accepts the
following Terms & Conditions, as well as the manner in which the Website
operates as described on the Website. These Terms & Conditions constitute
the entire agreement between the Website and You, and supersede and replace all
prior commitments, undertakings or representations, whether written or oral,
between You and the Website with respect of Your use of sellarama.com.
Information
on sellarama.com, such as the "Help" or "About Us"
sections, are only recommendations and are not intended as rules or guidelines.
The Website is not liable or responsible for the actions of users or other
individuals who have read or been informed of such information or other written
material. Sellarama.com disclaims to the fullest extent permitted by law all
liability and responsibility arising from any reliance placed on such materials
by you or by anyone who may be informed of any of its contents.
Any
special promotions run by sellarama.com shall only be valid if they are
announced on the Website or in its corresponding email newsletter and only for
the limited time announced. Once the advertised time limit of any such
promotion has been reached, the promotion is also finished.
Sellarama.com
will follow all local tax legislation for the sale of goods in the countries in
which it operates.
By
accepting the Terms & Conditions and/or registering with sellarama.com, You
confirm that You are eligible (as specified in the "Eligibility /
Registration / Disqualification" section) to use sellarama.com. If You do
not agree to the Terms & Conditions, do not use sellarama.com. If You
access, use, or download in any way, any service from the Website, you agree to
and are bound by these Terms & Conditions. Sellarama.com reserves the right
to change these Terms & Conditions at any time without notice to You. This
site or any portion of this site, including the services provided on it, may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of sellarama.com.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of the Website without express written consent. You may not use any
meta-tags or any other "hidden text" utilizing sellarama.coms name or
trademarks without the express written consent of sellarama.com. Any
unauthorized use terminates the permissions or licenses granted by sellarama.com.
In the
event of any abuse or unauthorized use of the user account, due to actions or
omissions of the user, which is in breach of these Terms or to the detriment of
sellarama.com or third parties, sellarama.com shall have the right at its sole
discretion to temporarily or permanently disable Your account and, if
appropriate, report the commission of a crime.
In the
event of a breach of these Terms, sellarama.com reserves the right, amongst
other remedies, to withhold deliveries or refunds. Without limitation, it shall
be a breach of these Terms if a user provides any information that is false,
inaccurate or misleading or if the user engages in any unlawful activity in
connection with the Website, or if the user creates or attempts to create
interference with the proper working of the Website.
Should sellarama.com
not be able to deliver the item ordered, sellarama.com shall promptly notify
You if it can deliver a comparable substitute product that has the same or
better features. You shall then promptly notify sellarama.com if You wish to
receive this substitute or if it prefers to receive a refund of the product.
User
deliberately agrees that use of the Website is at user's sole risk. Neither sellarama.com,
its affiliates nor any of their respective employees, agents, third party
content providers or licensors warrant that the Website will be uninterrupted
or error free; nor do they make any warranty as to the results that may be
obtained from use of the Website, or as to the accuracy, reliability or content
of any information, service, or merchandise provided through the Website.
The
Website is provided on an "as is" basis. To the maximum extent
permitted by law, sellarama.com disclaims all representations and warranties,
express or implied, with respect to any information, services, products and
materials, including, but not limited to, warranties of merchant-ability or
fitness for a particular purpose, title, non-infringement, freedom from
computer virus and implied warranties arising from course of dealing or course
of performance. In addition, the Website does not represent or warrant that the
information accessible via the site is accurate, complete or current. We are
not responsible for typographical errors.
This
disclaimer of liability applies to any damages or injury caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in
operation or transmission, computer virus, communication line failure, server
failure, theft or destruction or unauthorized access to, alteration of, or use
of record, whether for breach of contract, negligence, or under any other cause
of action. User specifically acknowledges that sellarama.com is not liable for
the defamatory, offensive or illegal conduct of other users or third-parties
and that the risk of injury from the foregoing rests entirely with user.
In no
event will sellarama.com, or any person or entity involved in use of an sellarama.com
product or service, be liable for any damages, including, without limitation,
direct, indirect, incidental, special, consequential or punitive damages
arising out of the use of or inability to use the Website. You hereby
acknowledges that the provisions of this section shall apply to all content on
the Website.
In
addition to the terms set forth above, neither sellarama.com, nor its
affiliates, information providers or content partners shall be liable
regardless of the cause or duration, for any errors, inaccuracies, omissions,
or other defects in, or untimeliness or unauthenticated of, the information
contained in the Website, or for any delay or interruption in the transmission
thereof to the user, or for any claims or losses arising therefrom or
occasioned thereby. None of the foregoing parties shall be liable for any
third-party claims or losses of any nature, including, but not limited to, lost
profits, punitive or consequential damages. Neither sellarama.com, its
affiliates, information providers nor content partners warrant or guarantee the
timeliness, sequence, accuracy or completeness of this information.
Additionally, there are no warranties as to the results obtained from the use
of the information.
All new
products are sold with the manufacturer's limited warranty only. Sellarama.com
warrants solely that the products sold to user under these Terms shall have the
characteristics specified in the Website's specifications for such products as
set forth in the description of each auction and assumes no further warranties.
The warranty period and service vary by product. The full text of any such
warranty is available, free of charge, upon written request mailed to sellarama.com.
Except
for the warranties set forth above, sellarama.com makes no other warranties,
either express or implied, or any related services performed by sellarama.com
or any of its agents or subcontractors in connection with any order, including,
without limitation, any warranties of fitness for a particular purpose, which
other warranties are expressly excluded and disclaimed.
Sellarama.com
shall not be liable for personal injury and property damage resulting from the
improper handling, modification or misuse of the products by You or any other
person following delivery by sellarama.com. In no event shall the Website be
liable to any person for incidental or consequential damages relating to the
products, including but not limited to loss of profits or goodwill, loss-of-use
damages or additional expenses incurred, whether pursuant to a claim in
contract, tort or otherwise and whether in an action for breach of warranty or
otherwise.
Eligibility
/ Registration / Disqualification
Sellarama.com
products and services are offered to private users and commercial or
semi-commercial retailers. During the registration process, the user must
choose a username. It must not be distasteful, be deceptive or misleading, be
obscene or offend common decency, or violate the intellectual property rights
of third parties. If sellarama.com receives plausible information that a
username is illegal or in breach of any of these Terms, Your user account may
be frozen until You change the username or the Website may permanently close
Your account without prior notice to You for violating these Terms &
Conditions.
During
the registration process, the user must also choose a user password which is to
be kept secret by the user. User accounts created during registration are non-transferable.
The user account may be used only by the user and not by anyone else. Unless
the user can demonstratively prove the absence of any fault on their part, the
user shall be liable for all actions that are undertaken using the user account
together with the associated password.
You
have the right to terminate Your account at any time. You may do so either by
not returning or by closing your account in accordance with sellarama.com
standard procedure.
Information
Inaccuracy Disclaimer
From
time to time there may be information on the website that may contain
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, and availability. Sellarama.com reserves the right to
correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice (including after you have
submitted your order).
Delivery
Unless
otherwise stated, delivery will be made directly from our suppliers or from our
warehouse to the address provided by the user. Delivery times vary and any
delivery time indicated is provided only as a guide and is not guaranteed. Sellarama.com
shall be entitled to engage third parties to satisfy its contractual
obligations without being required to notify the buyer. Obvious damage to the
item or packaging during transport shall be reported to sellarama.com by the
You upon taking delivery.
Disclaimer
of Warranty & Limitation of Liability regarding the Use of the Website
Disclaimer
of Warranty & Limitation of Liability regarding Purchases from the Website
Service
& Support for Products Purchased
All
requests for technical service and support relating to products purchased on
the Website should be made directly to sellarama.com
Applicable
Law / Sever-ability Clause
This
Terms & Conditions Agreement and Your use of sellarama.com shall be
governed by the laws of the United States of America and the State of Florida
without regard to its conflicts of laws principles. Any legal action or
proceeding related to this website shall be brought exclusively in a federal or
state court sitting in Florida.
You are
subject to the laws of the Jurisdiction in which You reside and/or from which
You access the Website and the services provided. VOID OUTSIDE OF THE UNITED
STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account
offered by sellarama.com while located in a prohibited Jurisdiction, You will
be in violation of the law and these Terms & Conditions, and subject to
having Your account suspended or closed permanently. You agree that sellarama.com
cannot be held liable if laws applicable to You restrict or prohibit Your
participation.
The UN
Convention on the International Sale of Goods shall not apply.
External
Links
Our
website may contain links to other websites operated by third parties, and
these sites may likewise contain links to other websites. These links are
provided strictly for your convenience and do not constitute an endorsement or
approval of these websites. We assume no liability for the content of external
links. The operators of the sites linked to and from this site are solely
responsible for their contents. We cannot take any responsibility for the
content, protection, or privacy guidelines of third-party websites.
Entire
Agreement
These
Terms & Conditions constitute the entire agreement between You and sellarama.com
with respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision by sellarama.com of the Terms
& Conditions or Privacy Policy will be effective only if in writing and
signed by sellarama.com.
Applicable
Law
By
visiting sellarama.com, you agree that the laws of the state of Florida,
without regard to principles of conflict of laws, will govern these Terms of
Use and any dispute of any sort that might arise between you and sellarama.com!
Site
Policies, Modification & Sever-ability
Please
review all policies posted on sellarama.com. These policies collectively govern
your use of the Website. sellarama.com reserves the right to make changes to
any portion of our site, policies and these Terms & Conditions at any time.
If any
of these conditions shall be deemed invalid, void or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforce-ability of any remaining condition. Terms, policy
and/or any products, prices, deals and any other media subject to change at any
time. Sellarama.com is not responsible for any damage freight due to shipping
carriers neglect and or responsibility. Our website uses cookie to for tracking
and site safety by signing up or accepting the cookie bar approval you are
aware and approved of all use of my cookies.