This Superstore Sellers Agreement governs your use of the Superstore to post items for sale and governs all other related uses of the Superstore by you. PLEASE READ THIS SUPERSTORE SELLER AGREEMENT CAREFULLY. YOU MUST AGREE TO THESE TERMS IN ORDER TO ACCESS AND USE THE SUPERSTORE. IF YOU AGREE TO THESE TERMS, PLEASE CLICK ON THE "I HAVE READ, UNDERSTAND, AND AGREE TO THIS SUPERSTORE SELLER AGREEMENT" UNDER YOUR SELLER ACCOUNT SETTINGS AND THEN PROCEED WITH YOUR USE OF THE SUPERSTORE.
BuySellAtoZ.com reserves the right to change any of the terms and conditions contained in this Superstore Seller Agreement or any policies or rules governing the Superstore at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Superstore Seller Agreement or such policies and rules on the BuySellAtoZ.com site. Material changes to the Superstore Seller Agreement shall be accompanied with a 30 day notice on the Superstore area of the Site, and you are solely responsible for reviewing any such notice and the corresponding changes to the Superstore Seller Agreement. YOUR CONTINUED USE OF THE SUPERSTORE FOLLOWING ANY SUCH REVISIONS TO THE SUPERSTORE 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 SUPERSTORE AND ASSOCIATED SERVICES.
Reason to Use of the Superstore. BuySellAtoZ.com provides the Superstore solely as a location for buyers to locate and purchase new and used products from sellers like you that are independent of BuySellAtoZ.com. When buyers make a purchase from you through the Superstore, they are purchasing the product from you and not from BuySellAtoZ.com. You agree that BuySellAtoZ.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 BuySellAtoZ.com is not involved in the transaction between you and buyers, BuySellAtoZ.com has no control over the buyers who make purchases or the ability of buyers to pay for items they may purchase from you. BuySellAtoZ.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 Superstore will comply with applicable laws, ordinances and regulations. At any time, BuySellAtoZ.com may terminate this Superstore Seller Agreement and may halt any pending listings or sales at any time without notice to you. Agreement to BuySellAtoZ.com's Terms of Use and Privacy Policy. The terms of this Superstore Seller Agreement are in addition to and supplement BuySellAtoZ.com's Terms of Use and Privacy Policy. By clicking below to enter this Superstore Seller Agreement, you also affirm your agreement to abide by BuySellAtoZ.com's Terms of Use and Privacy Policy.
Taxes. 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 BuySellAtoZ.com. Upon the request of BuySellAtoZ.com, you hereby agree to immediately provide verifiable proof acceptable to BuySellAtoZ.com of your remittance of all sales/use tax collected through the Superstore; and if you are unable to provide such proof to the satisfaction of BuySellAtoZ.com, BuySellAtoZ.com may withhold and retain all such amounts and/or terminate your Superstore account. You acknowledge and agree that BuySellAtoZ.com has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your sale. You hereby agree to fully indemnify, defend and hold BuySellAtoZ.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 Superstore, your nexus contacts within any state, and/or any claim alleging that BuySellAtoZ.com or any of its affiliated entities is a seller, merchant or reseller. BuySellAtoZ.com may immediately charge your credit card 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.
Seller Eligibility. You must be 18 years or older to use the Superstore and must be able to lawfully enter into and form contracts under applicable law. You must be a U.S. citizen or legal entity formed under the laws of the U.S. Prior to making listings in the Superstore, you must set up a seller's account with BuySellAtoZ.com. In setting up this account, you must provide your real name, current address, phone number, email address, and valid credit card information. You authorize BuySellAtoZ.com to verify the accuracy of your information and to perform credit or background checks as it desires. BuySellAtoZ.com may deny or terminate a seller account to any person for any reason.
Payment. When you sell an item to a buyer through a listing on the Superstore, the buyer may authorize payment to you through the buyer's BuySellAtoz.com My Account. Though payment may be authorized by a buyer through a buyer's My Account, BuySellAtoZ.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 Superstore, BuySellAtoZ.com will authorize the applicable credit card for the entire order amount. After BuySellAtoZ.com receives verifiable shipment information for a product included in such order, BuySellAtoZ.com will charge the credit card of the buyer for the amount associated with such shipped product. Commission fees and other amounts owed to BuySellAtoZ.com will in BuySellAtoZ.com's sole discretion either be charged directly to Seller's credit card on file or deducted from the amounts received by buyers for the purchase of seller's goods and or services through Superstore, and BuySellAtoZ.com shall have no obligation to make any Seller Payment to seller with respect to any purchase made by a buyer, unless and until BuySellAtoZ.com actually receives payment from such buyer. On the 15th and 30th of each calendar month, BuySellAtoZ.com shall pay to you the owed Seller Payment associated with amounts received by BuySellAtoZ.com from purchases previously made from and fulfilled by you through the Superstore. Seller Payments shall be made to the U.S. bank account that you designate to receive payment or in such other manner selected by BuySellAtoZ.com such as by paper check . BuySellAtoZ.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. BuySellAtoZ.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 Superstore Seller Agreement, and you agree that BuySellAtoZ.com will not be liable to you for any such amounts. Upon any termination or suspension of your account, BuySellAtoZ.com may hold all Seller Payments for 90 days to allow for Superstore Guarantee Claims and for the settlement of all amounts owed to BuySellAtoZ.com.
Shipment. BuySellAtoZ.com will notify you of order placement via your seller interface on the Superstore 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 BuySellAtoZ.com through your seller interface on the Superstore, and you hereby represent and warrant that you will only provide notification of shipment following your actual shipment of the product. If BuySellAtoZ.com does not receive such shipment notification within the 48 hour shipment window, BuySellAtoZ.com may cancel such order, and BuySellAtoZ.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 BuySellAtoZ.com has no obligation to ship any product you sell to a buyer through your use of the Superstore. 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 BuySellAtoZ.com is obligated to pay to you standard shipping rates in accordance with the then-current Seller's Guidelines solely for products that are actually shipped, delivered and accepted by the buyer.
Information and Content Provided by Sellers. You agree and warrant that any product description you provide in the Superstore and any other information and/or content you provide to buyers or to BuySellAtoZ.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 BuySellAtoZ.com. You agree that any all Seller Content may be publicly displayed by BuySellAtoZ.com as BuySellAtoZ.com sees fit and at no charge to BuySellAtoZ.com. You automatically grant, as well as represent and warrant that you have the right to grant to BuySellAtoZ.com (which includes, without limitation), an irrevocable, perpetual, sublicensable, 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 BuySellAtoZ.com properties and web sites (including, without limitation, those properties and web sites of BuySellAtoZ.com's affiliated companies) in any medium or form now existing or later created.
Products You Sell Through the Superstore. 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 BuySellAtoZ.com. All listings will comply with the Superstore Seller's Guidelines which are deemed incorporated into this Superstore 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 Superstore, you agree to complete the transaction as contemplated by this Superstore Seller's Agreement.
Fees. You agree to pay BuySellAtoZ.com the commissions and other fees and charges set forth in this Superstore 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 BuySellAtoZ.com. You agree that BuySellAtoZ.com is authorized to charge any credit card connected to your My Account for these fees and charges. You also agree that BuySellAtoZ.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, BuySellAtoZ.com may suspend or terminate your Superstore account if any such amounts are overdue, and all such overdue amounts shall be subject to a late charge equal to 2.5% 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 BuySellAtoZ.com.
Superstore Customer Service. Other than to verify that payment to you by a buyer through their BuySellAtoZ.com My Account was completed, BuySellAtoZ.com does not provide any customer support for transactions made through the Superstore and you agree that BuySellAtoZ.com is not responsible to provide any such support.
Privacy. YOU ACKNOWLEDGE, CONSENT AND AGREE THAT BUYSELLATOZ.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 SUPERSTORE 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 BUYSELLATOZ.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 Superstore users . You hereby represent, warrant and agree (a) not to use any information regarding other Superstore users which is accessible from the Superstore or that may be disclosed to you by BuySellAtoZ.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 BuySellAtoZ.com deems unacceptable or objectionable.
Refunds. BuySellAtoZ.com will provide your email address and other contact information to buyers who purchase your product through the Superstore. You agree to respond promptly to inquiries by buyers. You will provide an immediate order cancellation notice to BuySellAtoZ.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. BuySellAtoZ.com will not mediate disputes or contact buyers on your behalf. If the buyer submits a claim to BuySellAtoZ.com concerning a product or an order from you, BuySellAtoZ.com may research the claim and may contact you concerning the claim. You agree to respond promptly to any inquiry by BuySellAtoZ.com. BuySellAtoZ.com's decision concerning the claim is final and binding and you agree to abide by such decisions. In the event BuySellAtoZ.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 BuySellAtoZ.com for the amount of the transaction and any associated fees and charges. BuySellAtoZ.com may immediately offset any such amount from any other amount to be paid to you in accordance with this Superstore Seller Agreement, may charge your credit card on file, and/or may collect such funds in any other lawful manner. Without limiting any of its rights to remedies, if BuySellAtoZ.com determines that you have directly or indirectly attempted or committed fraud activity with respect to the Superstore and/or the Superstore Claim process, BuySellAtoZ.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 Seller Agreement, charge your credit card on file, and/or collect such funds in any other lawful manner to recover any damages and costs incurred by BuySellAtoZ.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.
Indemnity. You agree to indemnify, defend and hold harmless BuySellAtoZ.com and its , affiliates, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to any claim, demand or action, which if true, would constitute a breach or violation of any provision of this Superstore Seller Agreement or BuySellAtoZ.com's Terms of Use, or of any law, regulation or third-party right. BuySellAtoZ.com may immediately set-off any and all of its costs and/or expenses that are incurred in connection with the foregoing against any amounts owing to seller (including, without limitation, any Seller Payments).
RELEASE. IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE SUPERSTORE, OR BETWEEN YOU AND A BUYER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE SUPERSTORE, YOU HEREBY RELEASE BUYSELLATOZ.COM AND ITS 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 EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR [RELEASEES]" .
WARRANTY DISCLAIMER. YOU AGREE THAT YOU USE THE BUYSELLATOZ.COM SUPERSTORE AT YOUR OWN RISK. THE BUYSELLATOZ.COM SUPERSTORE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." BUYSELLATOZ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE BUYSELLATOZ.COM SUPERSTORE, 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 BUYSELLATOZ.COM SUPERSTORE, THE USE OF ANY SERVICES OFFERED IN CONNECTION WITH THE SUPERSTORE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL BUYSELLATOZ.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 SUPERSTORE SELLER AGREEMENT, YOUR USE OF THE BUYSELLATYOZ.COM SUPERSTORE OR ITS SERVICES, ANY INFORMATION OBTAINED THROUGH THE SUPERSTORE, ANY DELAY OR INABILITY TO USE THE BUYSELLATOZ.COM SUPERSTORE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES TO YOU IN CONNECTION WITH THE SUPERSTORE, OR OTHERWISE ARISING OUT OF THE USE OF THE BUYSELLATOZ.COM SUPERSTORE OR THE BUYSELLATOZ.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF BUYSELLATOZ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS SUPERSTORE SELLER AGREEMENT, THE MAXIMUM LIABILITY THAT BUYSELLATOZ.COM SHALL HAVE IS LIMITED TO THE ACTUAL VALUE OF ANY COMMISSIONS ACTUALY RECEIVED BY BUYSELLATOZ.COM IN CONNECTION WITH ANY SALES MADE BY YOU THROUGH THE SUPERSTORE. 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 SUPERSTORE SELLER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
General. No delay or failure by BuySellAtoZ.com to take action under this Superstore Seller Agreement shall constitute any waiver by BuySellAtoZ.com of any provision of this Superstore Seller Agreement. If any provision of this Superstore 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 Superstore Seller Agreement will continue in full force and effect. This Superstore Seller Agreement will bind and inure to the benefit of BuySellAtoZ.com's permitted successors and assigns. Any claim under this Superstore Seller Agreement must be brought within one (1) year after the cause of action arises. This Superstore Seller Agreement shall be governed by the laws of the State of California 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 Superstore Seller Agreement shall be the state and federal courts sitting in Los Angeles County, in the State of California. This Superstore 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 Superstore Seller Agreement shall be null and void. BuySellAtoZ.com may freely assign this Superstore Seller Agreement without consent or notice. This Superstore Seller Agreement constitutes the complete and exclusive agreement between BuySellAtoZ.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. |