BuySellProps.com’s Terms of Service
Last update: February 2017
Welcome to BuySellProps.com. BuySellProps.com is a marketplace platform for products sold by its users.
The following terms and conditions (these “Terms of Service”), govern your access to and use of the BuySellProps.com website, including any content, functionality and services offered on or through www.BuySellProps.com (the “Site”).
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the BuySellProps.com services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Sellers are users who offer and sell products on BuySellProps.com.
Buyers are users who purchase products on BuySellProps.com.
Listings are web pages on BuySellProps.com that are created by Sellers to describe their products they intend to sell.
Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s listings.
Completed Orders are orders that a Buyer has completely paid for and at least one of the following sets conditions have been met:
- The product(s) being sold are entirely digital and have been provided to be downloaded through the BuySellProps.com website as soon as the Buyer has paid and a safety clearance period of 14 days has passed.
- The product(s) being sold is/are physical deliverable(s) and a tracking number has been provided that BuySellProps.com staff can use to verify a delivery has been completed (see “Shipping Physical Deliverables” below) and a safety clearance period of 14 days has passed since that delivery date.
Order Page is where buyers and sellers communicate with each other in connection with an ordered Listing.
Disputes are disagreements experienced during an order between a buyer and seller on BuySellProps.com.
Commission is the percentage of the funds collected from a Buyer that is paid to BuySellProps.com as a fee. Currently this percentage is 15% of the Order total.
Processing Fees are 2.9% + $0.30 on each Order.
Revenue is the money sellers earn from completed orders less BuySellProps.com’s Commission.
Sales Balance is cleared revenue from completed orders for sellers to withdraw.
Overview (Main terms summarized)
- Only registered users may buy and sell on BuySellProps.com.
- Orders are purchased by adding items to the Buyers virtual shopping cart by click the add to cart button found on a Listing and then by using the virtual shoppng cart’s interface to finish checking out.
- For fees and payments please read the “Fees and Payments” section of this Terms and Services document.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through BuySellProps.com.
- BuySellProps.com retains the right to use any content submitted to BuySellProps.com marketing and promotion purposes.
- BuySellProps.com retains the right to refuse access to any Buyer or Seller at anytime for any reason. This includes retaining the right to remove any listing or any users account as well as cancelling any orders made.
- Sellers create Listings on BuySellProps.com to allow Buyers to purchase their products.
- Each order you sell and successfully complete, accredits your account with a net revenue of the sales price minus of the Commision amount specified in the “Fees and Payments” section below.
- All applicable tax law and legal laws pertaining to the Seller in their legal jurisdiction are the sole responsibility of the Seller to follow.
- Sellers are required to only contact Buyers through the BuySellProps.com system.
- BuySellProps.com accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Sellers can be marked as eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete at the staff of BuySellProps.com’s discretion.
- Sellers may not promote their Listings or any BuySellProps.com content via the AdWords platform.
- Sellers may withdraw their revenues using one of BuySellProps.com’s withdrawal options listed in the “Revenue Distribution” section below.
- The seller’s rating is calculated based on the order reviews posted by buyers. Ratings will be used in decisions made by BuySellProps.com regarding subjects such as but not limited to: revenue distribution safety clearance period reductions, account termination, etc.
- For security concerns, BuySellProps.com may temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple BuySellProps.com accounts to a single withdrawal provider.
- Listings may be removed by BuySellProps.com for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service.
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Listings
- Spam, Nonsense, or Violent Listings
- Listings misleading to buyers
- Reselling of regulated goods
- Listings that require Buyers to wait for any duration of time longer than 2 days to ship the order after receiving payment.
- Listings that are removed for violations mentioned above, may result in the suspension of the seller’s account.
- Listings that are removed for violations are not eligible to be restored or edited.
- Listings may be removed from our Search feature due to poor performance and/or user misconduct.
- Listings containing promoting any content external to BuySellProps.com, which violates BuySellProps.com’s Terms of Service, will be removed. This includes but is not limited to mention or advertising products, services or websites not found on the BuySellProps.com website.
- Listings are required to have an appropriate image related to the product offered.
- Statements on the Listing that undermine or circumvent these Terms of Service is prohibited.
Shipping Physical Deliverables
Some of the services on BuySellProps.com are delivered physically (props, prop do-it-yourself kits, etc.). For these types of Listings, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
- All Orders that contain a Physical Deliverable MUST be updated with a tracking number from one of the following companies/agencies:
- United States Postal Service (USPS)
- UPS (United Parcel Service of America)
- FedEx (FedEx Corporation)
- DHL (DHL Express)
Failure to provide a shipment tracking number from one of the above listed companies as an update to the order is heavily considered in order disputes as well as grounds for the suspension of your BuySellProps.com account. By entering the tracking number into BuySellProps.com, the Seller verifies that the tracking number is legitimate and is valid for all items it is intended to represent in full and not in partial.
- Listings that include shipping costs must have physical deliverables sent to Buyers.
- Shipping costs added to a Listing only pertains to the cost sellers require to ship physical items to Buyers.
- All Orders are required to be sent out with an updated tracking number attached to the Order within 48 hours after the Buyer has paid for the Order.
- Important: Buyers who purchase Listings that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.
- BuySellProps.com does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
- Revenue from the proceeds of Orders that Sellers sell are distributed by BuySellProps.com to Sellers once an Order becomes a Completed Order (see “Key Terms” above).
- To have your revenues distributed to you, you must have an account with at least one of BuySellProps.com’s withdrawal methods listed below.
- Your BuySellProps.com profile can be associated with only one account from each BuySellProps.com withdrawal methods. A withdrawal provider account can be associated with only one BuySellProps.com profile.
- Some Sellers, at the discretion of BuySellProps.com Staff, are eligible to the safety clearance period of 14 days reduced to 7 days as it pertains to when an Order becomes a Completed Order (see “Key Terms” above).
- Revenue Distribution fees vary depending on the distribution method.
- Revenue Distributions are final and cannot be undone. We will not be able to refund or change this process once it has begun.
Revenue Distribution Methods
|Distributed to your PayPal Account||2.9% + $0.30 of the sum distribution amount.||United States of America|
|Distributed to your Stripe Account||2.9% + $0.30 of the sum distribution amount.||United States of America|
* All fees are based on current charges from their respective third party company and are subject to change without notice.
EXAMPLE: Seller sells $20 item on BuySellProps.com. After BuySellProps.com’s commission revenue distributed to PayPal would be equal to $16.20.
Math used in example:
Revenue: $20.00 (order total paid by Buyer) – $3.00 (BuySellProps.com Commission) = $17.00
Revenue Distributed: $17.00 – $0.80 (PayPal distribution fee of 2.9% + $0.30) = $16.20
- You may not offer direct payments to sellers using payment systems outside of the BuySellProps.com Order system.
- Sellers must deliver physical products to the shipping address provided by the Buyer, using one of the approved package delivery companies (listed in the “Shipping Physical Deliverables” above) and must provide a tracking number for each order.
- An order is marked as complete after it meets the conditions of a Completed Order as outlined in the “Key Terms” above.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact BuySellProps.com’s Customer Support department.
- When a Buyer orders a Listing, the seller is notified.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. BuySellProps.com will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status and the Seller will be required to refund BuySellProps.com a Processing Fee (see “Key Terms” above) for costs already absorbed when we collected payment for the Order. This will be taken from future Revenue Distributions. At any time if monies owed to BuySellProps.com exceeds $20 BuySellProps.com and the user has not reimbured or paid the monies owed back, staff retains the right to suspend the users account and Listings as well as prevent any new Listings from that user. All outstanding orders must still be processed as normal during any period of time that the user is suspended.
- Feedback reviews provided by buyers while completing an order are an essential part of BuySellProps.com’s continued improvement. Reviews demonstrate the Buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the BuySellProps.com platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the BuySellProps.com platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by buyers are publicly displayed on a seller’s Listing page. Cancellation of an order does not remove feedback unless mutually agreed.
- Withholding the delivery of products, files, or information required to complete the Listing’s order with the intent to gain favorable reviews or additional purchases is prohibited.
- Sellers may not solicit the removal or alteration of feedback reviews from their buyers.
Disputes and Cancellations
We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact BuySellProps.com’s Customer Support department for assistance.
- Order cancellations can be performed on BuySellProps.com, when eligible, by Customer Support.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s Customer Service to attempt to resolve the matter.
- BuySellProps.com reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- If an order is cancelled (for any reason), the funds paid less any applicable fees will be refunded to the buyer in the form of payment that was collected (for example: if the customer paid with Paypal they will be refunded to Paypal).
- BuySellProps.com encourages Buyers and Sellers to resolve service disputes mutually using the messaging system on BuySellProps.com. Communication outside of these channels is not authorized and will not be used in handling case disputes.
- If a Seller is not at fault but the Seller agrees to refund a Buyer a the Buyers request the Buyer will be refunded less the Processing Fee (see “Key Terms” above) and a $3 administrative fee.
- Eligibility for requests to BuySellProps.com to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the BuySellProps.com delivery system. See below for Order specific eligibility.
- Completed orders of Physical Deliverables may be cancelled, upon review of our Customer Support team, up to 14 days after the item has been delivered per the tracking number provided.
- Completed orders of Digital Deliverables may be cancelled, upon review of our Customer Support team, up to 14 days after the item has been paid. NOTE: Due to the nature of digital products the item must have been falsely advertised to be refunded as there is no way to ensure the item can be completely returned without copies made or knowledge gained from information already.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Listing page. Buyers may rate their experience with the seller.
- Buyers must use BuySellProps.com to attempt to contact the Seller using the built in messaging system to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of BuySellProps.com.
- Any non-permitted usage of BuySellProps.com encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to BuySellProps.com’s Terms of Service.
- BuySellProps.com Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active orders (after the buyer submits their requirements and before the seller delivers on BuySellProps.com)
- The Seller fails to provide a tracking number within 48 hours of the order being paid for.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- The user is no longer an active BuySellProps.com user due to Terms of Service violations or closure of their account.
- Active orders (after the buyer submits their requirements and before the seller delivers on BuySellProps.com)
Fees and Payments
- Listings may be purchased using one of the following payment methods: Paypal, Credit Card or Stripe.
- You may not offer Sellers to pay, or make payment using any method other than through the BuySellProps.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
USER CONDUCT AND PROTECTION
BuySellProps.com enables people to create, share, sell and purchase all sorts of props in one place. Members of the BuySellProps.com community communicate and engage through orders and social media.
BuySellProps.com maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of BuySellProps.com. This section relates to the expected conduct users should adhere to while interacting with each other on BuySellProps.com.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
- Any necessary exchange of personal information required to continue a service will be exchanged through the Order process.
- BuySellProps.com does not provide any guarantee of the level of service or products offered to Buyers.
- BuySellProps.com does not provide protection for users who interact outside of the BuySellProps.com platform.
- All information and file exchanges must be performed exclusively on BuySellProps.com’s platform.
- Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Due to the marketplace nature of BuySellProps.com, BuySellProps.com can not be held responsible for cases where Buyers issue payment provider chargebacks or disputes. Should a Buyer initiate a payment provider chargeback or dispute the funds cannot be dispersed to the Seller as BuySellProps.com is obligated to return them. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor when we can. If the chargeback case allows, BuySellProps.com will return parts or full revenue back to sellers.
- Users may report Listings to Customer Support that may be in violation of BuySellProps.com’s Terms of Service.
- BuySellProps.com will respond to clear and complete notices of alleged copyright or trademark infringement.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation and frequency of violations.
Adult Services & Pornography – BuySellProps.com does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on BuySellProps.com should be friendly, constructive, and professional. BuySellProps.com condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals and a system to rate orders.
Phishing and Spam – BuySellProps.com takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of an Order must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of BuySellProps.com will not be protected by our Terms of Service.
Intellectual Property Claims – BuySellProps.com will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use – You may not use BuySellProps.com for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the BuySellProps.com community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to BuySellProps.com’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on BuySellProps.com. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell BuySellProps.com accounts.
- BuySellProps.com reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
- Violation of BuySellProps.com’s Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on BuySellProps.com.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to BuySellProps.com’s approval.
- Disputes should be handled by contacting BuySellProps.com Customer Support after attempts have been made between the Buyer and Seller by themselves.
- BuySellProps.com may make changes to its Terms of Service from time to time. When these changes are made, BuySellProps.com will make a new copy of the terms of service available on this page.
- You understand and agree that if you use BuySellProps.com after the date on which the Terms of Service have changed, BuySellProps.com will treat your use as acceptance of the updated Terms of Service.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to BuySellProps.com by our users (Buyers and Sellers) is User Generated Content. BuySellProps.com does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, BuySellProps.com is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Listings, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate offers.
By offering any service or goods for sale, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service or product that is offered on BuySellProps.com. Sellers advertising their Listing online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Listing and may lead to the suspension of seller’s account.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BuySellProps.com NOR ANY PERSON ASSOCIATED WITH BuySellProps.com MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Terms of Service Translation
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL BuySellProps.com, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.