Marketplace Buyer Agreement
This Marketplace Buyer Agreement governs any purchases you make through the STOREBIT.com Marketplace. PLEASE READ THIS MARKETPLACE BUYER AGREEMENT CAREFULLY.
Making Marketplace Purchases.
STOREBIT.com (“STOREBIT”) provides the Marketplace as a location for buyers to locate and purchase new and used products from sellers that are independent of STOREBIT. When you make a purchase through the Marketplace, you are purchasing the product from the independent seller and not from STOREBIT. You agree that STOREBIT is not an agent for you or for the seller and has no authority to act on your or on a seller’s behalf. STOREBIT reserves the right to change any of the terms and conditions contained in this Marketplace Buyer Agreement, the Terms & Policies or any other policies or rules governing the Marketplace at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Marketplace Buyer Agreement or such policies and rules on the STOREBIT site. Material changes to the Marketplace Buyer Agreement shall be accompanied with a 30 day notice on the Marketplace area of the Site, and you are solely responsible for reviewing any such notice and the corresponding changes to the Marketplace Buyer Agreement. YOUR CONTINUED USE OF THE MARKETPLACE FOLLOWING ANY SUCH REVISIONS TO THE MARKETPLACE BUYER AGREEMENT OR SUCH POICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE MARKETPLACE AND ASSOCIATED SERVICES.
Changing or Cancelling Marketplace Orders.
Once you have placed an order for a product in the Marketplace, seller will be handling all aspects of the order process. STOREBIT will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller for any changes or cancellations that you wish to make to your order. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.
Marketplace Customer Service.
Other than to verify that payment to the seller through your My Account was completed, STOREBIT does not provide any customer support for any purchase you make through the marketplace, and you agree that STOREBIT is not responsible to provide any such support. If you have any questions about the product you purchased or your shipment you must contact the seller of your product directly for any customer support that you need. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.
You may not make any returns to STOREBIT of products you purchase in the Marketplace. You must contact the seller for any product returns that you wish to make. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.
You agree that feedback you provide concerning Marketplace sellers will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that STOREBIT may publicly post your feedback without any payment or other obligation to you. You agree that STOREBIT may edit your feedback in any way that STOREBIT sees fit and that STOREBIT may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.
Use of Marketplace.
You hereby represent and warrant that your use of the Marketplace will comply with applicable laws, ordinances and regulations. STOREBIT may exclude any buyer, including you, from making purchases in the Marketplace at any time and for any reason.
Dispute Resolution Steps, Claim Process, Marketplace Guarantee, and Refunds.
If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the Marketplace, you must contact the seller directly to attempt to resolve the problem. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order. STOREBIT will not mediate, disputes, or resolve the matter on your behalf. If the seller does not respond to you or does not reasonably address the problem, 10 you can submit a claim through our claim process to assist you, or 2) you may be eligible to make a Marketplace Guarantee claim in order to obtain a refund (see below).
The Marketplace Guarantee covers the first $500 of each Marketplace purchase. You are eligible to submit a Marketplace Guarantee claim if:
1 - You never received your item,
2 - You received a different item than the one purchased, or
3- The item you received was materially different than the way it was listed.
YOU MAY ONLY SUBMIT A MARKETPLACE GUARANTEE CLAIM AFTER 30 DAYS HAVE PASSED FROM YOUR PURCHASE DATE. YOU MAY NOT SUBMIT A MARKETPLACE GUARANTEE CLAIM IF MORE THAN 60 DAYS HAS PASSED FROM YOUR PURCHASE DATE. YOU ARE LIMITED TO FILING ONLY ONE MARKETPLACE GUARANTEE CLAIM PER MONTH WITH A LIFETIME LIMIT OF 3 MARKETPLACE GUARANTEE CLAIMS.
Claim forms are available in your My Account area. You agree that STOREBIT may research your claim, may contact the seller concerning your claim and that STOREBIT’s decision concerning the claim is final and binding. Any applicable refund, either agreed by the seller or STOREBIT, will be made to the credit card on which you made your purchase. Without limiting any of its rights or remedies, if STOREBIT determines that you have directly or indirectly attempted or committed fraud activity with respect to the claim process, STOREBIT may immediately suspend or terminate your account and charge your credit card on file to recover any damages and costs incurred in connection with such fraudulent activity. In addition, any such fraudulent activity is a criminal offense and violators will be prosecuted to the fullest extent of the law.
STOREBIT IS NOT THE SELLER/MERCHANT OF ANY OF THE GOODS OR SERVICES ON THE MARKETPLACE. STOREBIT HAS INSTITUTED A CLAIM PROCESS TO ASSIST YOU WITH CLAIMS THAT YOU MAY HAVE WITH THE SELLER. BECAUSE THE MARKETPLACE ALLOWS YOU TO MAKE THE PURCHASE THROUGH THE STOREBIT BASKET WITHOUT YOU HAVING TO PASS YOUR CREDIT CARD TO THE SELLER, STOREBIT CHARGES YOUR CREDIT CARD FOR THE SALE. ANY DISPUTE BROUGHT BY YOU THROUGH YOUR CREDIT CARD COMPANY AFFECTS STOREBIT RATHER THAN THE SELLER. THEREFORE, YOU CANNOT SUBMIT A CLAIM IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGE. IN ADDITION, STOREBIT MAY PREVENT FURTHER PURCHASES BY YOU THROUGH THE MARKETPLACE IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGES MADE THROUGH THE MARETPLACE.
YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR [RELEASEES]” WARRANTY DISCLAIMER. THE STOREBIT MARKETPLACE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED ”AS IS.“ STOREBIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE STOREBIT MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
LIMITATION OF LIABILITY.
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE STOREBIT MARKETPLACE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE MARKETPLACE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL STOREBIT OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS MARKETPLACE BUYER AGREEMENT, YOUR USE OF THE STOREBIT MARKETPLACE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT OBTAINED THROUGH THE MARKETPLACE, ANY DELAY OR INABILITY TO USE THE STOREBIT MARKETPLACE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE STOREBIT MARKETPLACE, OR OTHERWISE ARISING OUT OF THE USE OF THE STOREBIT MARKETPLACE OR THE STOREBIT SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF STOREBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MARKETPLACE BUYER AGREEMENT, THE MAXIMUM LIABILITY THAT STOREBIT SHALL HAVE IS LIMITED TO ANY COMMISSIONS ACTUALY RECEIVED BY STOREBIT IN CONNECTION WITH ANY PURCHASES MADE BY YOU FROM A SELLER THROUGH THE MARKETPLACE. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF STOREBIT. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS MARKETPLACE BUYER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.