Vendefy Terms and Conditions of Use
Consent to Terms and Conditions
Use of this App
Description of Services
Vendefy permits registered buyers (“buyers”) and sellers (“sellers”) to offer for sale, sell, purchase, and “remerch” products and services on the App and permits registered users to provide feedback, post comments, bookmark, “like” and “follow” activity on the App. (Collectively, buyers, sellers and registered users are referred to as “you,” “your,” and “users”). Vendefy also provides a social network that enables users to communicate with each other directly through messaging.
Ownership of the App and Services
You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Vendefy (collectively, “Vendefy intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Vendefy’s consent.
Except as otherwise indicated on this App, copying, reproducing, uploading, downloading, transmitting or any other use of this App or of any of the Materials, in whole or part, without the express permission of Vendefy, is prohibited. Any unauthorized access to, use or copying of this App and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Ownership of Your Content
In connection with your use of the App and our Services, you may upload and/or submit photographs, logos, contact information, commentary and other content to the App (your Content). You may access and change your Content at any time.
You are legally responsible for your Content and shall use it as contemplated in these Terms and Conditions. Vendefy is not responsible for your Content. You have and will retain full ownership of your Content, subject to the ownership rights of third parties. You represent and warrant that you have all the rights necessary to your Content. You are also responsible for any of your Content that may be lost or unrecoverable through your use of the Services.
Provision of the Services by Vendefy
You acknowledge and agree that if Vendefy disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Setting Up Your Account
Selling and Buying on Vendefy
Fees, Commissions and Payments
Certain fees and commissions are applicable to transactions between buyers and sellers on Vendefy. Sellers receive payment after the deduction of certain fees and commissions. If you sell items on Vendefy, these fees and commissions may apply to you. You can read them here.
Communicating on Vendefy
Users of Vendefy agree that you will not use threatening, harassing, obscene or racist language or imagery in any of your communications on or using the App, including but not limited to in your postings, ratings, comments or private messaging. You also agree that you will not disclose private or personal information about others without their consent in any of your communications.
We encourage buyers to attempt to resolve any dispute that may have arisen by contacting the seller and trying to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute related to a transaction on the App., Vendefy will attempt to help you resolve the dispute in good faith and based solely on our interpretation of our policies and the documentation the parties provide to us. Vendefy will use its best efforts to assist in resolving the dispute but will make no judgments regarding legal issues or claims. Vendefy has no obligation to attempt to resolve any disputes. You can read more about how Vendefy handles resolution of disputes between users here.
Whether or not you request assistance from Vendefy in resolving a dispute you have with another user, Vendefy has no liability to you for and you release Vendefy from any claims, demands and damages arising out of disputes with other users or parties.
Termination or Cancellation of Your Account
You may terminate your Account with Vendefy at any time, at your sole discretion, by clicking the cancel button in the setting section of your Account. Terminating your Account will not affect the availability of some of your Content that you posted through the Services prior to termination. Terminating your Account also does not terminate any existing obligations you have to buyers or sellers; in other words, you will still be responsible for fulfilling any sale or purchase transaction that you entered into prior to terminating your Account.
We may terminate or suspend your Account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, including but not limited to selling or buying on or through the App. Vendefy may refuse service to anyone, at any time, for any reason.
Registered users have the ability to private message each other on the App. (“private message communications”). Private message communications are not accessible to or able to be viewed by users of the App other than the participants in the private message communications. Vendefy does not receive and/or review private message communications unless 1) a user asks for Vendefy’s assistance with resolving an issue with another user, as more fully explained in the section on Dispute Resolution procedures or 2) Vendefy, in its sole and absolute subjective discretion, believes that reviewing the private message communications is necessary for the protection of the App, users, or the public. For example, if Vendefy receives information that a user is improperly using private message communications to bully or harass another user, Vendefy may review the private message communications at issue. Users do not currently have the ability to block other users from private messaging them. All users are responsible for the content of their private message communications and are not permitted to bully, harass, intimidate, or otherwise engage in unwelcome communications with users through private messaging. If a user requests that another user cease communicating with that user through private messaging, that request is expected to be honored.
Use in the United States
This App is intended for use within the United States, and we control and operate the App from the United States. We make no representation that materials on the App are appropriate or available for use outside the United States. If you choose to access this App from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You must be a registered user to use the Services. You do not have to be a registered user to visit and browse the App.
You are responsible for your Content and your communications with others while using the App and the Services. You agree not to submit any Content that: (i) is known to you to be false, inaccurate or misleading; (ii) infringes anyone’s copyright, patent, trademark or other intellectual property rights; (iii) violates any law, statute, ordinance, or regulation; and (iv) is or may reasonably be considered to be libelous, defamatory, obscene, abusive or otherwise constitutes or advocates illegal activity.
You are responsible for ensuring that you have all necessary rights and permissions from third parties whose content you submit to the App.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the App.
You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your mobile device to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services and Content. For purposes of this section, “Content” shall include your Content and Vendefy Content.
In connection with your use of the App and the Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the App, Services or Content;
- dilute, tarnish or otherwise harm the Vendefy brand in any way, including through unauthorized use of Content, registering and/or using Vendefy or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Vendefy domains, trademarks, taglines, promotional campaigns or Content
- infringe the rights of Vendefy or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- register for more than one Vendefy account or register for a Vendefy account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our App, Services or Content;
Limitation of Liability and Use Disclaimer
Vendefy endeavors to make sure that all information and data it originates on the App is accurate. However, Vendefy is not responsible for any damages or loss related to the use of this App.
THIS APPLICATION, ALL CONTENT AND MATERIAL CONTAINED ON THIS APPLICATION, ALL SERVICES PROVIDED ON THIS APPLICATION AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE APPLICATION AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE APPLICATION OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS APPLICATION IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. VENDEFY RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS APPLICATION WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE APPLICATION OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.
NEITHER VENDEFY (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS APPLICATION, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
VENDEFY MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS APPLICATION AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF VENDEFY’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE APPLICATION AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE APPLICATION.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Vendefy’s liability is limited to the greatest extent allowable under applicable law.
When you communicate with Vendefy electronically, via email or otherwise, you consent to receive electronic communications from Vendefy. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Vendefy satisfy any legal requirement that such communication be in writing. Vendefy encourages you to retain your own copies of relevant information and Content, however, upon your written request; Vendefy will provide you with a copy of the information you provided to Vendefy when creating your Account. To make such a request please contact info@Vendefy.com.
With respect to all communications you make to Vendefy directly and/or through the App, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Vendefy shall have no obligation to protect your communications from disclosure; (ii) Vendefy shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Vendefy shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Acquisition of Business
In the event that Vendefy and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this App, all data collected on this App, and all rights of Vendefy and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Vendefy will post a notice to such effect on this App.
Copyright Infringement - Notice and Take-Down Policy
Vendefy values intellectual property and respects the intellectual property rights of others, and will remove materials on its App that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this App, then pursuant to Title 17, United States Code, § 512, you may notify Vendefy’s Designated Agent in writing as follows:
Telephone number: 917-723-3108
Electronic Mail Address: email@example.com
In your notice, you must include the following:
i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;
iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Vendefy to locate such materials;
iv. contact information (i.e., name, address, email address) sufficient to enable Vendefy to contact you;
v. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
U.S. Export Controls
Software from or related to this App (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the App. No Software may be downloaded from the App or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Disputes and Governing Law
· Pornographic material or items
· Drugs of any kind, including prescription drugs
· Hazardous materials
· Stocks, bonds or other securities
· Real Estate
· Motor vehicles
· Live animals
· Any items that Vendefy identifies as illegal, offensive, posing an unacceptable risk to Vendefy and/or its users and any items that Vendefy, in its sole discretion, determines are in violation of Vendefy’s Terms and Conditions.
· Pricing, Description and Uploading Images of Items
As a seller you agree to upload on your profile page no more than four images of items that you are offering for sale. The minimum price at which an item may be listed for sale is $4.00. For each item you list, you must provide the product name, the size or dimensions (as applicable), the brand, the condition of the item, and a brief description of the item. You are also asked to provide the quantity of the item you have in stock. All of the information about the item, except for the quantity that you have in stock, is public and can be viewed by any user of or visitor to the App. You must also disclose whether the items you are offering for sale are new or used, and you must indicate whether you will allow your item to be “remerched.” By registering for an Account, you agree that you will provide honest and accurate information about the items you are posting for sale, including accurate representations of such items. You agree that you will communicate directly and honestly with buyers and potential buyers about your items and sales policies. You further agree that you will not post any items for sale that are dangerous, illegal or prohibited by Vendefy’s rules. Before posting an item for sale, please review Vendefy’s list of Prohibited Items.
· Cancellations and Returns
As a seller, you agree to clearly post and honor the cancellation and return policies that govern your sales. You agree to deal directly buyers with respect to cancellations and returns or any other disputes concerning a transaction. In the event that disputes arise between you and a buyer that you are not able to resolve, Vendefy will assist the parties in accordance with Vendefy’s Dispute Resolution Procedures. You can read those procedures here.
· Communicating With Buyers
You can communicate directly with buyers or other users to answer questions about items you have for sale or otherwise communicate about a transaction. You may receive personal information from a buyer as a result of transacting business with that buyer on Vendefy, including but not limited to the buyer’s email or shipping address or payment information. You agree that you will not use such information for any unauthorized or unsolicited transactions, and will not add the buyer to any mailing list without the buyer’s express consent. You also agree that you will not send Vendefy users unsolicited advertising or promotions; interfere with a transaction or business of another user; and communicate with any user that has expressly asked you not to.
Vendefy cannot provide tax advice to you. It is the responsibility of each seller to determine his or her collection and reporting obligations under applicable state and city law.
In some instances, and in the sole discretion of Vendefy, Vendefy will verify a seller. Sellers cannot request verification. If Vendefy verifies a seller, a verification badge in the form of a check mark near the seller’s name will be displayed. Verification signifies only that the seller is who or what he/she/it claims to be and does not otherwise represent, expressly or impliedly, that Vendefy endorses the seller or has conducted any investigation of the seller or that the seller meets any particular criteria, qualities, or requirements other than authenticity.
Fees and Commissions and Payments
· Vendefy Commission
For a limited promotional time (September 21st- February 1st) Vendefy will not take any percentage from sales of items through the app. This promotion can be revoked by Vendefy any time after February 1st or can be extended at the discretion of Vendefy. After the promotional period ends Vendefy will return to its original business model which can be viewed below.
Vendefy will currently not take any percentage as part of a special promotion. List products for free and Vendefy will take 0% of the sale price. If a sale is made through a “remerch” transaction, then an additional two percent (2%) of the original sales price of each item will be deducted from the payment to the seller. That two percent (2%) will be “paid” in remerch credit to the remerch seller. You can read about how remerching works here.
· Payment Processing Fees
All payment transactions on Vendefy are processed through PayPal. You will be charged a fee by PayPal of 2.9% of the price paid for the item plus thirty cents (30¢) per item per transaction fee (collectively, the “PayPal fee”). The PayPal fee will be added to the final listed price.
· Shipping Fees
All shipments of items purchased on Vendefy are shipped by Easypost. The cost of shipping will depend upon the origin, destination, weight and size of the package. In addition to being charged the applicable shipping fees, Easypost charges a transaction fee of .05% of the selling price of each item and a fee of 1% of the selling price of each item to cover insurance (collectively, these fees are referred to as “Easypost fees”). All Easypost fees are added to the total price at the time the buyer purchases the item (s). These fees are deducted prior to the seller being sent payment for the item(s) sold.
· Payment to the Seller
Payment for the items(s) a seller has sold on Vendefy (after deduction of applicable fees and commissions) is deposited into a seller’s PayPal account after Vendefy receives confirmation from Easypost that the item[s] has been delivered to the buyer.
· Buying On the App
Vendefy provides a venue for buyers to purchase items directly from sellers or through other users who are remerching items. When you purchase an item through the App, you are not buying directly from Vendefy. You can view products and product information offered by sellers; you can message seller; you can follow a seller (or any user); and you can comment and provide feedback on your buying experience. You can also search for items by product name or category. By making a purchase through Vendefy, you agree that you have read the item description and any applicable policies provided by the seller before you purchase the item; have made appropriate payment for the item(s) purchased, as described in the Payment section below; and have provided accurate shipping information as explained in the Delivery section below.
All payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of PayPal (www.paypal.com). You are required to accept the PayPal User Agreement, which governs every payment transaction between sellers and buyers using the Services. Please review carefully the terms and conditions of use and the User Agreement (collectively, “terms”) on the PayPal website. Vendefy is not liable to buyers for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the PayPal terms.
Cancellations and Returns
Before purchasing an item, you should review any cancellation and return policies posted by the seller of that item. By purchasing the item, you agree to comply with such policies. If you want to return an item or are having problems with an order, you should initially contact the seller to try to resolve the issue directly with the seller. If, after attempting to resolve an issue or problem you are having with a seller, and are unable to do so, you can report the problem to Vendefy, and Vendefy will attempt to assist you though its Dispute Resolution Procedure. You can read the Dispute Resolution Procedure here.
In some instances, and in the sole discretion of Vendefy, Vendefy will verify a seller. If Vendefy verifies a seller, a verification badge in the form of a check mark near the seller’s name will be displayed. Verification signifies only that the seller is who or what he/she/it claims to be and does not otherwise represent, expressly or impliedly, that Vendefy has conducted any investigation of the seller or that the seller meets any particular characteristics, qualities, or requirements other than authenticity.
Triple Tap Check Out
Triple Tap is the easiest and quickest way to check out. Instead of using the “Buy” button, you can sign up for Triple Tap check out. Once you sign up, you will be e-mailed a unique four digit code. You will be able to pre-select the address to which you want your items shipped when you use Triple Tap and one of two shipping methods –the fastest or the least expensive-- when you sign up. Then, when you are ready to purchase an item, you simply “triple tap” on the item and enter your four digit code. That’s all it takes with Triple Tap to complete your purchase. Your item will be shipped to your pre-selected address via your pre-selected shipping method and paid by your pre-selected payment method.
If a seller indicates on its account that an item is available for remerching, registered Users can share that item on their profile. The item then becomes available for purchase by any followers of those Users (“remerch buyer”), where it appears on the followers’ feed. Although the remerch buyer purchases the item directly from the remerch seller’s profile by clicking on the “buy” button below the image of the item, the remerch seller never takes title to the remerched item. The transaction is still a sale by the original seller directly to the remerch buyer, and all Terms covering sellers and buyers apply to remerch sale transactions.
Although an unlimited number of Users can remerch an item, the User from whose profile the item is actually sold (the “remerch seller”) receives “remerch” credit in the amount of two percent of the sale price posted by the Seller. Once a remerch buyer purchases the item at check-out, the remerch seller’s profile will indicate to Users that the item has been sold. The “remerch” credit earned by the remerch seller is deposited in the remerch seller’s account within fourteen (14) days from the date the item is shipped to the buyer. Remerch credit can only be used to purchase items on the App.
After accumulating remerch credit, a User can elect to use all or some of the credit (which is represented as a dollar amount) to purchase an item on Vendefy at the point of purchase.
All the terms of sale, including but not limited to the price, the seller’s return policy, the description of the item, and other information appearing on the original seller’s profile will appear on the remerch seller’s profile. Questions about an item appearing on a remerch seller’s profile should be initially addressed to the remerch seller. Once you have purchased an item, you will be provided with the original seller’s contact information and will be able to contact the original seller, if necessary.