LACARTES MARKETPLACE TERMS & CONDITIONS
These terms and conditions govern your use of Lacartes Marketplace either as a buyer or a seller. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms.
Lacartes Marketplace is an online venue for emerging and established businesses to promote and sell their products online. Lacartes Marketplaces provides an online platform for consumers to discover and purchase products from online sellers around the world. Lacartes Marketplace is not directly involved in the transactions between buyers and sellers. As a result, Lacartes Marketplace has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Lacartes Marketplace does not pre-screen content or information provided by users. Lacartes Marketplace cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Lacartes Marketplace cannot and does not transfer legal ownership of items from the seller to the buyer. Lacartes Marketplace cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Lacartes Marketplace is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Lacartes Marketplace. You use the Lacartes Marketplace service at your own risk.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address.
Account Ownership: Lacartes Marketplace sellers may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the seller must request prior written permission from Lacartes. We reserve the right to reject any such request and may, at our discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Feedback: We take feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Marketplace team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
FEES AND SERVICES
Lacartes Marketplace charges a percentage of the transaction value when the item sells. Lacartes Marketplace's Features & Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for Lacartes Marketplace's services are effective after Lacartes Marketplace provides you with at least thirty (30) days' notice by posting the changes on the Site. However, Lacartes Marketplace may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when Lacartes Marketplace posts the temporary promotional event on the Site. Lacartes Marketplace may decrease the fees as stated in the Features & Fees with no notice to you. Lacartes Marketplace may, at its sole discretion, change some or all of Lacartes Marketplace's services at any time. In the event Lacartes Marketplace introduces a new service, the fees for that service are effective at the launch of the new service.
You are responsible for paying all fees and applicable taxes associated with using Lacartes Marketplace. Lacartes Marketplace keeps accepted payment information in accordance with its Privacy Policy.
LISTING AND SELLING
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Lacartes Marketplace's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item's listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Price: The price stated in each item listing description must be an accurate representation of the sale and no more than prices you charge on your own website or any other websites. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items.
Fee Avoidance: Sellers may not encourage buyers to purchase an item listed on Lacartes Marketplace outside of the Lacartes site.
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to Lacartes Marketplace and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Lacartes Marketplace.
Restricted Activities: Your Content and your use of Lacartes Marketplace:
- Must not be false, inaccurate or misleading
- Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Must not contain items that have been identified as hazardous to consumers
- Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Lacartes Marketplace staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Must not be obscene
- Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
- Must not modify, adapt or hack Lacartes or modify another website so as to falsely imply that it is associated with Lacartes;
- Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Lacartes.
Furthermore, you must not list any item on Lacartes Marketplace (or conclude any transaction that was initiated using Lacartes's service) that, by paying to Lacartes a commission fee, could cause Lacartes to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
As part of a transaction, you may obtain personal information, including contact details and shipping information, from another Lacartes user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Lacartes-related communications. Lacartes has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Lacartes user to your email or physical mail list.
LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Lacartes service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
NO AGENCY
You and Lacartes Marketplace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.