Sports Swapmeet eBay Use Policy
You must read and agree to the Terms and Condtions of the Sports Swapmeet eBay Use Policy in order to use the eBay functions on any and all Sports Swapmeet Online stores. If you have not read the policy and all terms and conditons,
or you do not agree to be bound by the policy terms and conditions, then you are not permitted to use any of the eBay listing functions. Use of any of the eBay functions on this site indicates complete acceptance of the policy terms and conditions.
Terms and Conditons
eBay's Use Policy
In order to use Sports Swapmeet Online eBay services and tools you must agree to all selling and usage policies that eBay has laid out for sellers and users of eBay. For current eBay policies, visit the
eBay User Agreement on eBay.com.
While using Sports Swapmeet Online eBay services and tools, you will not:
- post content or items in an inappropriate category or areas on our sites and services;
- violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
- use our sites, services or tools if you are not able to form legally binding contracts,
are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other users' listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Sports Swapmeet;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Sports Swapmeet, or the interests or property of Sports Swapmeet users;
- copy, modify or distribute rights or content from the Sports Swapmeet sites, service or tools or eBay's copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent.
Shipping Surcharge
Sports Swapmeet, in lieu of charging a listing fee, may, at its discretion, institute a surcharge on all shipment costs for all Sports Swapmeet listings on eBay.
This surcharge will not effect the amount the Seller is paid for their sale. The Seller will receive the total shipping cost they entered
when submitting the listing (minus any and all eBay and Paypal fees), and only the additional surcharge amount will be kept by Sports Swapmeet.
eBay & Paypal Fees
All eBay Final Value Fees and all Paypal transaction fees will be deducted from the Total disbursement that you will receive for all Sports Swapmeet listings sold on eBay.
Fees are calculated on both the Sale Price and the Shipping Costs for all transactions.
Sold Items Payment Disbursements
To protect against the risk of liability and to make sure Buyers receives purchased items in a timely manner, Sports Swapmeet will not make payments to Sellers for
Sports Swapmeet listings sold on eBay until after confirmation that said sales have been shipped and received by the Buyer,
and that the item received by the Buyer matches the description of the item provided by the Seller.
In addition, all eBay and Paypal policies will apply to the Seller as if the transaction was directly transacted by the Seller. No disbursements will be made to the
Seller until transaction funds have been released to Sports Swapmeet by Paypal.
Shipping Obligation
Seller agrees to ship any Sports Swapmeet listed item on eBay that is sold within three (3) days of end of sale.
You must provide Sports Swapmeet with confirmation in the form of a tracking number or certified mail receipt. Sports Swapmeet is not responsible for any loss or damage
that may result in the process of shipping.
Listing Description Accuracy
Seller is responsible for the accuracy of listing details for any Sports Swapmeet listed item on eBay, including but not limited to size, color, brand, model, condition, and description.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Holds on Payments
Be sure to read eBay's policy regarding possible holds on payments.
Limitation of Liability
You will not hold Sports Swapmeet responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items.
While we may help facilitate the resolution of disputes through various programs,
we have no control over and do not guarantee the quality, safety or legality of items advertised,
the truth or accuracy of usersŐ content or listings, the ability of sellers to sell items,
the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
We do not transfer legal ownership of items from the seller to the buyer.
Further, we cannot guarantee continuous or secure access to our sites, services or tools,
and operation of our sites, services or tools may be interfered with by numerous factors outside of our control.
Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
We are not liable for any loss of money, goodwill or reputation, or any special,
indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the the total fees (under Sports Swapmeet Fees and Services) you paid to us in the 3 months prior to the action giving rise to the liability, and (c) $100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does 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."
