Terms of Sale

Last Modified: April 16th, 2024

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR ENTERING INTO ANY OTHER TRANSACTION ON THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER OR COMPLETE A TRANSACTION ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT ENTER INTO A TRANSACTION ON THIS WEBSITE OR ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH SHOP LOVEYS LLC, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services or any other transactions on or through www.shoploveys.com (the “Site”). These Terms are subject to change by Shop Loveys LLC (referred to as “Loveys”, the “Company”, “us”, “we”, or “our” as the context may require) without prior written notice, at any time, and in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site or engaging in any other transactions on this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

Our Terms of Use are incorporated fully herein and apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services or engaging in a transaction through this Site (see Section 9), which Privacy Policy is also incorporated fully herein and applies generally to the use of our Site. The provisions set forth in the How It Works page of the Site are incorporated fully herein and apply generally to the use of our Site. 

1. Transaction Acceptance and Cancellation. You agree that your transaction is an offer to buy or sell, under these Terms, all products and services listed in your order. All transactions are subject to our acceptance, and we reserve the right to reject your transaction or proposed transaction in our sole discretion. We may choose not to accept transactions in our sole discretion. You acknowledge that any confirmation email with your transaction number and details of the items you have ordered or sold or propose to sell serves only to confirm our receipt of your transaction and not as our acceptance of your transaction. 
2. Buyers and Sellers.
1. The Site is offered to individuals who wish to post certain items, materials, or products (the “Goods”) for sale (the “Sellers”) and to individuals who wish to purchase Goods on the Site (the “Buyers”). Unless stated otherwise on the Site, we do not at any time hold any Goods posted or listed on the Site or proposed to be posted or listed. We offer the Site only to connect Buyers and Sellers to facilitate transactions between them. 
2. As a Buyer, you are responsible for reviewing and assessing the Goods to determine if they are acceptable to you. We have no responsibility or liability for ensuring that the Goods will meet your standards, wants, or needs. We have no responsibility or liability for any Goods or the description of such Goods, or for any misrepresentation or falsehood or any misleading, inaccurate, or out-of-date statement about such Goods, or for any information posted about the Goods by Sellers or any other party, whether on the Site or elsewhere. 
3. We cannot guarantee and do not endeavor to guarantee the accuracy of any listing, posting, or other information provided by Sellers on the Site or the authenticity of any Good. Sellers have sole liability for the accuracy of the information and content they provide about the Goods and for the Goods themselves. Sellers have sole liability for abiding by our guidelines with respect to Goods offered for sale on the Site, which are listed here and incorporated by reference into this Agreement, including but not limited to the suitability of such Goods for use by third parties and ensuring that no Goods offered for sale on the Site have been subject to recall. 
4. We have no affiliation with Sellers. You agree and acknowledge that we do not and will not control, direct, or monitor the Goods. Sellers may not collect or attempt to collect information from Buyers beyond what is necessary to offer and/or sell the Goods to that Buyer and may not use any Buyer information for any purpose beyond what is necessary to complete a transaction on the Site. Sellers must promptly delete any information collected from a Buyer once the transaction is complete and must collect, use, maintain, and transmit all Buyer Information in compliance with all applicable laws.
5. Buyers and Sellers are expressly prohibited from entering into agreements or other arrangements outside of the Site relating to the Goods. We reserve the right to promptly terminate your account or other affiliation with the Site and disclaim all liability for any agreements made outside of the Site.
6. We have the right, but not the obligation, in our sole discretion, to screen, refuse, or remove any Buyer, Seller, listing, item, Good, or other content from the Site. We have the right to remove any content or information from the Site at any time and for any reason in our sole discretion and without notifying you or any other party. 
7. We reserve the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the Site or Goods or services offered through the Site at any time. You are solely responsible for complying with all laws, regulations, policies that apply to you and your use of the Site in any manner or capacity and we have no liability to you or any other party for any breach of any such law, regulation, or policy. Neither Buyers nor Sellers have any authority to bind the Company and are not employees, agents, partners, or joint venturers of the Company in any way. 
3. Pricing and Payment. 
1. Pricing. 
1. We will review proposed Goods to be offered for sale by Sellers and set a price for such Goods in our reasonable discretion based various factors, including but not limited to the then-available retail price of the Good (if any), and the condition and age of the Good. We rely on Sellers’ representations about the Goods and have no liability for any inaccuracies in connection with such representations. If any Goods are listed with an estimated or retail value, such information is provided in our reasonable judgment based on then-available data and we are not liable for any differences or inaccuracies between such value and values or prices available from third parties or other sources. We reserve all rights with respect to such pricing and disclaim all liability against any claims or allegations that the Goods were priced inaccurately or not to a Seller or Buyer’s satisfaction. 
2. Discounts. If any Good does not sell to a Buyer within 15 days of the Good being published on the Site, we reserve the right to discount the price of such Good at amounts in our discretion until the Good is sold (including for each additional 15-day period that the Good has been published without being sold); provided, however, that we will seek the Seller’s consent before applying any such discount to the price of a published Good. 
3. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Good, product, or service is the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and itemized in your shopping cart and your order confirmation email. We reserve the right to correct any errors, inaccuracies, or omissions in listed prices at any time and to cancel any orders arising from such occurrences. 
4. Fees. Your purchase or sale on the Site may be subject to additional fees as stated on the Site. 
5. Taxes. We may collect and remit state sales tax on behalf of Sellers.  If we are unable or not required to do so, the Seller is solely responsible for collecting and remitting state and local sales tax, customs or duties, as applicable. Seller is responsible for paying, withholding, filing, and reporting all taxes, customs, duties, and other governmental assessments associated with your activity in connection with the Site.
2. Payment. 
1. Buyers agree to pay the amount listed and all other disclosed amounts, such as taxes, duties, costs, and expenses in connection with a Good. Buyer is responsible for all payments and taxes associated with your use of the Site and/or purchase of any Goods. Buyer agrees that we can automatically charge your credit card during the purchase process. Subject to our Return Policy below, all sales are final 24 hours after the Good has been delivered to the Buyer. 
2. Commissions. For any completed sale of Goods to a Buyer and for which Goods the Buyer has accepted and confirmed, Sellers will be entitled to earn a percentage of the final sale price of the Good, as set forth in our Pricing Model. We reserve the right to change our commission rates at any time upon notice to you. Such changes shall be effective for all listings of Goods on the Website as of the date provided in our notice. 
3. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 
3. Payment Processing.
1. We use third-party payment processors (the “Payment Processors”) to bill you for your purchase of a Good and/or to pay you for the completed sale of a Good. The processing of payments will be subject to the terms, conditions, and privacy policies of the applicable Payment Processor in addition to these Terms. Payment Processors include, but may not be limited to, Shopify and Stripe. Please visit the websites for all Payment Processors for the terms and policies that will apply to your transactions on the Site. All compensation to Sellers in connection with the completed sale of any Good shall be fully paid and discharged to the Seller upon transfer of the applicable amount through Stripe, and we shall have no further liability to any Seller after such payment is made.
2. We are not responsible for any error by, or other acts or omissions of, any Payment Processor. By choosing to purchase or sell any Goods, you agree to pay and collect payment through the applicable Payment Processor all charges for any purchase or sale of any Goods in accordance with the applicable payment terms, and you authorize us through the Payment Processors to charge your chosen payment provider (your “Payment Method”) and to make payment to Sellers via Stripe. We reserve the right to correct any errors or mistakes that a Payment Processor makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issue, or other providers of your chosen Payment Method. If we do not receive payment from you, you agree to pay all amounts due on your account upon demand. You are solely responsible for any fees or charges incurred to access the Site (including through the purchase or sale of a Good) through an internet access or mobile access provider, or other third-party. No party shall manipulate the price of any Good or interfere with any listing on the Site, or otherwise circumvent or manipulate our fee structure, the billing process, or fees owed to Loveys.
4. Shipments; Delivery; Title and Risk of Loss. 
1. As a Buyer, you shall deliver payment for Goods that you purchase. As a Seller, you shall deliver Goods purchased from you to a third-party carrier that we facilitate. 
2. We will arrange for shipment and delivery of the Goods through a third party carrier. Please check the individual product page for specific delivery options. Buyer will pay all shipping and handling charges unless otherwise specified in the order confirmation. 
3. Seller bears all liability for all Goods before they are transferred from the Seller to the carrier. Title and risk of loss pass to the Buyer upon transfer of any Goods from the Seller to the carrier. If your building staff or other on-site personnel manage pick-ups and deliveries on your behalf, you are responsible for any mistakes or losses by such staff or personnel. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays, mistakes, acts, or omissions that may occur in connection with any shipment. We are not responsible for any failure to receive any Goods or any damage to any Goods incurred in transit by the carrier to the Buyer. Buyer’s entire recourse for any damaged, lost, or stolen Goods, or any failure to delivery any Goods, shall be against the third-party carrier. 
5. Returns and Refunds; Disputes. 
1. The terms and conditions applying to returns and refunds for orders placed on the Site are set forth in our Return Policy, which terms and conditions are incorporated in these Terms as if fully set forth herein. 
2. Please contact hello@shoploveys.com for any other claims or disputes regarding a Buyer, Seller, or Good. We have no liability or responsibility to resolve such claim or dispute but may reasonably assist in our sole discretion.
6. Warranty and Disclaimers. 
1. We do not manufacture or control any of the Goods or services offered on our Site. The availability of Goods or services through our Site does not indicate an affiliation with or endorsement of any Good, service, Seller, or manufacturer. Accordingly, we do not provide any warranties with respect to the Goods or services offered on our Site or the Sellers offering such Goods or services. Some Goods or services offered on our Site may be covered by a manufacturer’s warranty as included with the Good or service, but most Goods and services may not be covered by any such warranty and have been subject to wear-and-tear and other interference by previous owners or users. We have no liability with respect to any such warranty, your ability or inability to obtain warranty service for defective Goods or services, or any loss, risk, injury, or damage that you or others may incur as a result of or in connection with any Goods or services offered on or obtained from the Site. We have no liability to any Buyer or any other party with respect to any representation or description of any Goods or services made by any Seller or any other party. 
2. ALL GOODS OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE GOODS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) THE SAFETY OF SUCH GOODS; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 
3. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OFFERED ON THIS SITE. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. 
4. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
5. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE SELLER’S OR MANUFACTURER’S REPRESENTATIONS ABOUT THE GOODS OR ANY FAILURE TO HONOR ANY WARRANTY OBLIGATIONS TO YOU OR A THIRD PARTY RELATED TO ANY GOODS. 
7. Limitation of Liability. 

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT YOU OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE GOODS YOU HAVE ORDERED OR SOLD THROUGH OUR SITE.

1. Goods Not for Resale or Export. You represent and warrant that you are buying Goods, products or services from the Site for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
2. Privacy. We respect your privacy and are committed to protecting it. You consent to our Privacy Policy, which governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
3. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within five (5) business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) days following written notice given by it under this Section 10, the other party may thereafter terminate this Agreement upon five (5) business days’ written notice. 
4. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
5. Release; Indemnification. 
1. You hereby expressly waive and release any and all claims, now known or hereafter known, against Loveys and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage arising out of or attributable to your use of the Website (including your purchase of any Goods), whether arising out of the negligence of Loveys or any Releasees or otherwise. You covenant not to make or bring any such claim against Loveys or any other Releasee, and forever release and discharge Loveys and all other Releasees from liability under such claims. 
2. You shall defend, indemnify, and hold harmless Loveys and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this provision, and the cost of pursuing any insurance providers, incurred by Loveys or any other Releasees, arising out or resulting from any claim of a third party related to (a) your use of the Website (including any actions taken by a third party using your account) and any Goods (including any Goods you buy, sell or offer to sell using the Website) and any information obtained from the Website, (b) your User Contributions; (c) your violation of these Terms, (d) your violation of any applicable law, rule or regulation or any rights of another including, without limitation, any violations of third party intellectual property rights or the requirements under California’s Proposition 65, and/or (e) any misrepresentation made by you.
6. Waiver of Jury Trials and Binding Arbitration.

YOU AND SHOP LOVEYS LLC AGREE TO GIVE UP THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. OTHER RIGHTS THAT YOU MAY HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

1. Notwithstanding the foregoing, we have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of any party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
2. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”). The arbitrator has exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator is empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) is final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision is severed, and the remaining arbitration terms will be enforced.
1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
2. No Waivers. The failure by us to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision is effective only if in writing and signed by a duly authorized representative of Shop Loveys LLC.
3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
4. Notices.
1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, or (ii) posting to the Site. Notices sent by email is effective when we send the email and notices we provide by posting is effective upon posting. It is your responsibility to keep your email address current.
2. To Us. To give us notice under these Terms, you must contact us by emailing hello@shoploveys.com, and any service of process must also be sent to Registered Agent Solutions, Inc., 99 Washington Avenue, Suite 700, Albany, NY 12260. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by email are effective upon delivery with return receipt requested. Notices provided by registered or certified mail are effective three (3) business days after they are sent.
5. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision is deemed severed from these Terms and does not affect the validity or enforceability of the remaining provisions of these Terms.
6. Entire Agreement. Our transaction confirmation, these Terms, our Website Terms of Use, and our Privacy Policy are deemed the final and integrated agreement between you and us on the matters contained in these Terms.
7. Your Comments and Concerns. This Website is operated by Shop Loveys LLC. Unless as otherwise set forth herein, all feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@shoploveys.com.