Terms & Conditions
Sellmoo Terms & Conditions
TERMS & CONDITIONS
The following Terms & Conditions (hereinafter, referred to as “Agreement”) shall be applicable to the registered users of SellMoo.com (hereinafter, referred to as “Website”) once they become members of the Website by completing the registration process.
It is absolutely vital that you read and agree to the provisions of this Agreement. This is a legal Agreement governing all your dealings and interactions with this Website. If you find any provision(s) contained hereunder unacceptable, you are advised to immediately cease all the current as well as future usage of this Website.
ELIGIBILTY
By participating in the auctions on this Website, you hereby declare that you are of the age of majority, i.e., over 18 years of age. By making an online purchase through the auction process on this Website, you represent and warrant that –
· you have the right, authority, and capacity to enter into this Agreement;
· you are not an employee or relative of an employee of this Website;
· you are not a commercial or part-commercial reseller;
· you are not the holder of multiple accounts on this Website;
· you are the single account holder in your householder, and that no one in your household
holds another account on this Website;
· you shall abide by all Terms and Conditions enunciated under this Agreement; and
· you will not permit any minor (a person below 18 years of age) to use your membership
details to make an auction bid on this Website.
TERM AND TERMINATION
The term of this Agreement is the duration of your usage of this Website either as a member or a user or a visitor or in any other capacity that entails availing any of the services or features offered by this Website.
The members can terminate the membership of this Website at any time, without providing reason, by writing in to us with a termination request or by using the “Cancel my Account” link found in “My Account”. Upon termination, all the member’s details shall be removed from the active database of this Website. However, these details and all related transactions will be kept on record for a period of up to three years to fulfill statutory requirements.
We reserve the right to terminate the membership of any member at any time if such member, upon reasonable inquiry, is found to be in breach of any provision of this Agreement. The details and all related transactions of the terminated member will be kept on record for a period of up to three years to fulfill statutory requirements.
FEES
· Joining as a registered member of this Website is absolutely free.
· ‘Bids’ must be purchased and paid for by the registered users before they can make a bid
for auctions on this Website.
· We accept PayPal payments in addition to major credit/debit cards.
· In case a payment by the user is not honored, ‘Returned Payment Fee’ as applicable shall
be charged from the user’s account. We reserve the right to block access to the user’s
account until payment in full of the invoice amount, including any fees due to Returned
Payment etc., is received. Further we reserve the right to withhold any outstanding
deliveries, until payment is received in full.
· Bids and Voucher Bids are valid for one year after they have been credited to a user’s
account. Free bids are valid for the duration as mentioned in the promotional offer.
· The bid becomes chargeable as soon as the user makes a bid, and is immediately
deducted from the user’s account. Once a bid is made, it becomes non-refundable.
· We reserve the right to change the fees and fee-structure from time to time in our sole
discretion.
· Bids are non-transferable and non-refundable when used, unused bids are refundable.
ACCOUNT AND PASSWORD
During the registration process, the users shall be asked to choose non-transferable username and password of their choice. In order to make a bid on any auction on this Website, the members need to login with their correct username and password. Both username and password are case sensitive. The members shall be solely responsible and liable –
· for maintaining the secrecy, confidentiality, integrity, and safety of their password;
· for any voluntary or involuntary disclosure of their password to any third party;
· for using the account, username, or password of another member, at any time;
· for all uses of their account, whether authorized or unauthorized; and
· to notify the Website immediately, in case they suspect any unauthorized use of their
account or access to their password.
AUCTION PROCESS
· Auction for any product starts by display of auction variables of the product, including
product description, under relevant category on the Website.
· Only the registered members are allowed to bid on the auctions on this Website.
· Members can place their bid in two ways – by manually clicking on the relevant bid buttons
and following the simple instructions, or by using automated system ‘AutoBidder’ which
can be pre-set as per desired specifications. For more on ‘AutoBidder’, please refer Help
section.
· By placing a bid, the member acknowledges that he or she is aware of the auction
variables and the provisions of this Agreement. Further, the member undertakes that in
case of a successful auction, he or she shall claim to receive the item under the conditions
set out in the related auction.
· We reserve the right, in our sole discretion, to limit the number of auctions a user may
participate in or the number of his successfully concluded auctions.
· The price of the item increases with each bid by the users by the same amount he or she
enters. Every time a new bid is placed, it resets the remaining time for an auction up to
the displayed countdown reset value, except in case when two AutoBidders bid against one
another (for more information, please refer Help section).
· The auction concludes when the remaining time reaches zero. The user who made the last
bid wins the auction. The last bidder shall be determined strictly based on the records in
our database. Our decision in this regard shall be final, except in the case of an error
apparent.
· Upon conclusion of the auction of an item, all bids, other than the winning bid, placed on
the item expire and will not be credited back to the users’ account or be eligible for a
refund.
· A contract to purchase the item does not come into effect until the auction is concluded
and the last bidder has accepted the auctioned item by confirming and paying the total
price for the item.
· If the winning bidder does not confirm and pay for an auction win within 7 days of the
closing of auction, we reserve the right to withdraw the auctioned item, in addition to
revoking the winner’s right to pay for and receive delivery of an item.
· We reserve the right to cancel any bid without making a refund in case we come to any of
the following conclusions, upon reasonable inquiry:
- false information is provided by the bidder when registering with the Website; or
- fraudulent activity is suspected; or
- collaboration between one or more players is suspected; or
for any other cogent reason.
· In case the auction is cancelled for any other reason than cited above, the bid fee of all
bidders will be refunded.
· You are limited to four(4) wins within a 7 day period.
· If an auction is won while bidding on two serperate auctions and only one win is remaining
within your win limit, you will be disabled from continuing from bidding on the second
auction and all bids placed will remain.
· "Buy it now" may only be used one time per auction. Once Buy it now is used, you will
be disabled from bidding on that auction. See our help section for more info on Buy it
now.
· In the event of a site wide error/glitch that impacts the outcome of an auction(s) Sellmoo
reserves the right to void/null any affected auctions and return all bids placed in the said
auction(s).
SHIPPING AND DELIVERY
· Upon winning the auction bid, the winner will be informed within 24 hours by email and
shall be asked to pay for the winning bid amount. This email shall carry all the necessary
instructions and links to facilitate the payment.
· Upon receiving the winning bid amount, the product will be delivered to the winning bidder
within 14 business days. However, all delivery times are provided only as a guide and not
guaranteed.
· In the event we are unable to deliver the winning item, we reserve the right to substitute
the item with a comparable replacement product with the same or better features, or
alternately, provide a refund of the money paid by the winning bidder, based upon the
member’s preference.
· Unless otherwise stated, installation costs are not included and we expressly do not
undertake to install any products sold.
· Unless otherwise stated, all deliveries shall be made directly from our suppliers or from our
warehouse to the address provided by the winning bidder.
· All deliveries are exclusively made within the United Kingdom, Australia, Ireland, Canada
and all the States in the United States of America (excluding sovereign territories of Guam,
US Virgin Islands, and Puerto Rico).
· Delivery charges may be higher in some States, like Alaska or Hawaii. The users are
advised to refer the relevant pages regarding the applicable shipping and delivery charges.
· We reserve the right, in our sole discretion, to involve third parties in order to satisfy our
delivery-related contractual obligations without any notification to anyone.
· If upon delivery, an item appears damaged either from transport or packaging, it should be
reported to us upon taking delivery.
CANCELLATIONS
The winning bidder may cancel the order, subject to the following terms:
· All cancelled orders shall be refunded in full.
· The bids once placed in auctions are always non-refundable, and cancellation request shall
have no effect on the nature of bids.
· No cancellation request shall be entertained after 14 (fourteen) days from the day on
which the winning bidder received the goods or a notification that the goods are ready for collection.
· No cancellation for audio or video recordings or computer software that has been
unsealed by the winning bidder.
· All cancellation requests must be emailed to admin@sellmoo.com or made in writing to
the following address;
SellMoo.com
PO Box – 110223
Bradenton, FL 34211
USA
· In order to claim a refund upon cancellation, the refused product must be returned in the
same condition in which it was supplied to the winning bidder.
· Unless goods are found to be faulty, all costs of postage for returns will be paid by the
winning bidder.
· All incomplete or damaged returns carry the cost to be determined by us, in our sole
discretion, and to be paid or adjusted from the winning bidder’s account.
MISCELLANEOUS PROVISIONS AND DISCLAIMERS
· All information, text, material, graphics and advertisements on this Website are the
property of SellMoo.com, and protected by the US and International Laws on the
protection of Intellectual Property Rights.
· This Website contains links to other sites that may be our partners, or affiliates, or
advertisers. Such linked websites are not under any kind of control of SellMoo.com.
Therefore, we do not endorse or guarantee the suitability or reliability of the content on
such linked sites. Your visit to and dealings with the linked websites are at your own risk
and subject to the Terms and Conditions of such linked sites.
· Sellmoo.com is an independent company and does not claim to be an authorized dealer or
agent of any of the manufacturers, suppliers or distributors whose products are advertised
or auctioned on this Website. All references to manufacturers of products advertised or
auctioned are for identification purposes only.
· Any information that Sellmoo.com sends to you in respect of your transactions on the
Website does not represent an endorsement, warranty or guarantee of the products
auctioned on the Website.
· You may not be able to access this website due to a number of technical or non-technical
reasons. Sellmoo.com does not guarantee continuous and uninterrupted transmission of,
or secure access to, this website.
· In no event shall Sellmoo.com be liable for lost profits or any special, incidental or
consequential damages arising out of, or in connection with this Website, its services or
this Agreement, however arising.
· Sellmoo.com is provided on an “AS IS AND AS AVAILABLE” basis. Further, Sellmoo.com
disclaims any warranty of fitness for a particular purpose or non-infringement.
· Sellmoo.com does not guarantee any specific results from the use of this Website.
LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL SELLMOO.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SELLMOO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SELLMOO.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SELLMOO.COM FOR THE SERVICES OF THE WEBSITE DURING THE TERM OF YOUR MEMBERSHIP
BREACH OF AGREEMENT
In case of a breach of this Agreement, SellMoo.com will deal with the offender in the following chronological order –
· Issuance of warning to remedy the breach;
· Suspension of account either temporarily or indefinitely;
· Refusal to provide services from SellMoo.com;
· Termination of account;
· Legal options, which may include suing the offender for damages.
INDEMNITY
You agree to indemnify and hold Sellmoo.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to your use of this Website, your violation of this Agreement, your violation of any rights of another, or any other loss suffered by SellMoo.com on account of your direct or indirect conduct.
PRIVACY
Please refer our Privacy Policy in order to know how we collect, use and disclose information collected from the users of this Website.
MODIFICATIONS TO SERVICE
SellMoo.com reserves the right to modify or discontinue, temporarily or permanently, any or all the services or features offered on this Website, with or without notice, at any time and from time to time. SellMoo.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website.
UPDATES
This Agreement is subject to modifications and updates. Any change in this Agreement shall be posted on this page. We advise you to visit this page to keep yourself informed about the latest updates in this Agreement.
JURISDICTION
All the disputes arising out of or related to this Agreement or your relationship with Sellmoo.com shall be subject to the laws and courts of the State of Florida, United States of America, without regard to conflict of law provisions
