March 8, 2019
TradingCardMint.com (Website) is owned and operated by Forever After Antiques and Collectibles Inc (Company). This agreement is between you and the Company to buy or sell on the Website. Company provides an online service that allows third party sellers to sell their products to buyers and does not act as the agent for either buyers or sellers, but only takes a small fee from sellers for this transaction service. Company reserves the right to make changes to this vendor agreement at any time. Changes to this vendor agreement are effective when the changes are posted to the website. Continuing to buy and sell items on our website will constitute your agreement to the new vendor agreement. It is your responsibility to review the changes and decide if you want to continue to use our website. Changes to the vendor agreement may occur without notice to you.
You must login with an existing account or create an account on TradingcardMint.com (Website) with a username and password to buy or sell products on the Website. You must always provide accurate, current and complete information (name, address, telephone number, etc), and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Website through your Account will be deemed as being used by you. Company is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable. Any use of your account by another that results in harm to Company or other account holders, is your responsibility, and you will be held accountable for chargebacks, chargeback fees, and other damages that occur to Company and other Account holders.
Listing items for sale on the Website is limited to parties that can lawfully enter into a contract with Company. Minors are not allowed to buy or sell on our Website. To buy or sell, you must supply your name, address, phone number, email address. Sellers must also supply bank account information for payment and agree to the vendor agreement in writing.
We request bank account information primarily for identity and security reasons. By providing a bank account you are also authorizing us to charge it to settle your account in the event that the amount due exceeds your available balance. Please note that the bank account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.
Sellers are required to give a social security number or FEIN number for tax purposes. Company will send a 1099-K form to you for yearly sales if required by law. It is recommended that you have a resale license from your state of origin.
For all items sold through its Website, Company charges a fee based on a percentage of the sale price, as set forth under the document entitled Fees. The seller of an item is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall govern the transaction. Please view the Fees page to view the latest fee structure. By listing an item for sale on our Website you agree to pay the applicable fees and any collection costs related to non-payment of fees, buyer charge backs, chargeback fees, and other fees related to collection costs. All fees are payable upon demand via your bank account. By listing an item for sale on the Website, you authorize Company to debit your bank account for amounts due.
Company requires you to provide timely support to the customers of our Website, please make sure that all communications are done by email or telephone provided by the seller in their vendor profile. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the Company Website within 48hrs if possible. You are also required to notify Company when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question, or responding to a complaint.
All orders should be shipped to customers within 48hrs. All orders must reach the Buyer within the quoted time frame of 6-8 business days (standard shipping) and 3-4 business days (expedited shipping). Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be canceled at our sole discretion. Please carefully read our Shipping Guidelines. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking. The Seller waives the ability to win any disputes if the customer says the package did not arrive should they choose not to follow the Shipping Guidelines.
Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of Company. Website transactions must take place between two different individuals, organizations or entities. Company reserves the right to refuse service to anyone at any time for any reason.
Company determines which products to offer for sale on the Website. Products may be added or removed at any time without notice. Products may be added with the permission of Company. Changes to the item detail pages of a product can also take place without notice. The way listings appear on the Website may change without notice to users of the Website.
Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess. Sellers are required to ship an order by the provided ship date and follow the Company Shipping Guidelines. Failure to ship by the provided date or follow the Company Shipping Guidelines may be grounds for termination of your Account.
You must keep any customer information you receive confidential and secure. In general, you should not share your Company login information with anyone other than authorized employees. Any employees or individuals who have access to your Company account must also keep login and buyer information secure. If you store buyer information anywhere outside of the Company Website, you must store that information securely where unauthorized individuals cannot access the information. In addition, you may not share buyer information through social media platforms such as Facebook, Twitter, etc. If you are collecting buyer information for the purpose of marketing, you must obtain consent by buyer and Company before doing so.
GENERAL DATA PROTECTION REGULATION (GDPR)
GDPR stands for the General Data Protection Regulation, a European Union (EU) law that regulates how personal information can be collected, stored, and used in an effort to protect online users. Under this law, residents of the European Union have the right to know who is collecting their personal information and for what purpose it is being used.
If you sell to individuals residing within the European Union, the law applies to you. In addition, as a Company seller, you must adhere to the GDPR regulations and follow best practices when handling a buyer’s personal information. You may receive certain information about buyers, such as names, mailing addresses, phone numbers, and email addresses. It’s important that you keep this information confidential and secure.
In addition, residents in the EU have the “right to be forgotten” and we will make every attempt to comply with rules under GDPR Article 17, Paragraph 2. If we forward you a buyer’s request to be forgotten, you must comply and delete all personal information you have in your possession.
After a Completed Sale occurs Company credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed Sales on Monday & Thursday of each week. To receive funds, you must provide bank account information for an account in the U.S. Payments will be made in U.S. Dollars.
As a security measure, Company may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Company will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the Account.
If Company reasonably concludes based on information available to us that seller’s actions and/or performance in connection with the Website may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this Vendor Agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.
It is the seller’s responsibility to collect and remit any taxes associated with a transaction. Company provides tools that allow a seller to charge sales tax on transactions, but Company will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Company is not responsible for determining when tax should be charged.
For all of your products you will accept and process returns, refunds and adjustments in accordance with this vendor agreement and the Company Refund and Returns Policy published on the Website at the time of the applicable order, and we may inform customers that these policies apply to your products. Customers are not subject to restocking or refund processing fees when a Seller applies a refund. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with Company Website purchases, using functionality we enable for your account, and will route all such payments through Company. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Company to seller under this Vendor Agreement or seek reimbursement from seller via any of the means authorized under this marketplace agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Company Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.
The seller can terminate participation on our Website at any time by written notice to Company. Company reserves the right to terminate a user’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to user. Company reserves the right to monitor user accounts to determine if policies or laws are being broken. Company reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay Company any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.
Company reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by Company to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller’s account for a prospective six-month period. At the end of such six-month period following termination, Company will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
The Company Website is provided as is and without warranty. Company makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our Website will always be available. Company will not be liable for any loss due to our Website not being available. Company will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
Company may refuse service to anyone for any reason. Company may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to pay out credits to a seller. Seller will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with a payment transaction through our marketplace, and the seller will also bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. Company will make every attempt to minimize buyer fraud, and Company has a low credit card fraud rate due to processes implemented by many years in business. Company reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer’s credit card issuer for the amount of the buyer’s purchase from the seller. Company may obtain reimbursement of any amounts owed by the seller to Company by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller’s credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless Company and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Vendor Agreement; or (ii) your own Website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
FOREVER AFTER ANTIQUES AND COLLECTIBLES INC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS VENDOR AGREEMENT, THE WEBSITE, THE INABILITY TO USE THE WEBSITE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE WEBSITE.
Because Company is not directly involved with transactions between buyers and sellers, you agree to release Company from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. At times, Company Customer Service may step in to mediate disputes between Buyers and Sellers on our platform. During mediation, Company Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team.
Any claim against Company in relation to our Website shall be adjudicated in a court in Cook County, Illinois and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Illinois law, without regard to conflict of laws principles thereof.
By agreeing to the vendor agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by Forever After Antiques and Collectibles Inc does not constitute a waiver of Forever After Antiques and Collectibles Inc’s right to enforce such section or any other section in the future.