Sellit Social Commerce Inc. and Cartfly Buyer's Agreement
Sellit Social Commerce Inc. (Sellit Social Commerce) offers services through the domain www.cartfly.com and related sub-domains (referred to individually and jointly as the "Site"). One opportunity you have is to purchase products and services from profile owners on the Site. This document outlines the terms, provisions and policies regarding your purchases on the Site. By using the services and features (the "Services") offered through the Site, you are accepting and agreeing to ("your acceptance") the terms, provisions, and policies (the "terms") outlined in this document (the "Buyer's Agreement"). If you do not agree to the terms of this Buyer's Agreement, then do not use the Site or the Services offered on the Site.
In addition to agreeing to the terms of this Buyers Agreement, you must read and agree specifically to the "Cartfly.com User Terms of Service Agreement" (the "Users Agreement") and the "Cartfly Privacy Policies Agreement" (the "Privacy Agreement"). By agreeing to the terms of this Buyers Agreement, you are stating that you have also read and agreed to the User Agreement and the Privacy Agreement. Furthermore, in the event you sell any products or services offered through a store on this site, you must agree to the terms of the Cartfly.com Seller's Agreement (the "Sellers Terms"). By agreeing to be bound by the terms of this Buyers Agreement, you are stating that you have read and agreed to be bound by the Sellers Terms.
Indemnity
You may use our Services, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singularly or collectively, the "Content") solely in connection with the intended purposes of the Site.
You will not hold Sellit Social Commerce Inc. or cartfly.com responsible for other users' actions or inactions, including things they post or sell. You acknowledge that this Site is a venue to allow anyone to offer or seek a variety of goods and/or services and to function as an on-line community designed to facilitate valuable professional and personal networking among its users based on common interests. We are not involved in the actual transactions between the users. We have no control over and do not guarantee the quality, safety or legality of the goods or services advertised, the truth or accuracy of 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. You will not hold Sellit Social Commerce Inc. responsible for other users' actions or inactions, including things they post. You acknowledge that Sellit Social Commerce and cartfly.com are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores and fixed price formats.
You agree to indemnify and hold Sellit Social Commerce Inc., cartfly.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of the Content you submit, post or make available through the Site or your use of the Site.
Limitations of Liability
YOU AGREE UNDER NO CIRCUMSTANCES SHALL Sellit Social Commerce BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Sellit Social Commerce HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Sellit Social Commerce SITE(S) OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Sellit Social Commerce SITE(S) OR THE SERVICE, FROM INABILITY TO USE THE Sellit Social Commerce SITE(S) OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Sellit Social Commerce SITE(S) OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Sellit Social Commerce SITE(S) OR THE SERVICE OR ANY LINKS ON THE Sellit Social Commerce SITE(S), AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Sellit Social Commerce SITE(S) OR THE SERVICE OR ANY LINKS ON THE Sellit Social Commerce SITE(S). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMIATIONS MAY NOT APPLY.
Excessive Shipping Charging Policy
Sellers may charge reasonable shipping and handling fees to cover the costs for mailing, packaging, and handling the items they sell. While Sellit Social Commerce Inc. will not prescribe exactly what a seller may or may not charge, cartfly.com will rely on member reports and its own discretion to determine whether a seller's shipping, handling, packaging, and/or insurance charges are excessive. Shipping and handling fees may not be listed as a percentage of the final sale price. Sellers who want to be sure they are in compliance with this policy may charge actual shipping costs plus actual packaging materials cost (or less). In addition to the final listing price, sellers are permitted to charge:
- Actual shipping cost:
- This is the actual cost (i.e. postage) for shipping the item.
- Handling fee:
- Actual packaging materials costs may be charged. A handling fee in addition to actual shipping cost may be charged if it is not excessive.
- Tax:
- Only actual applicable federal, state, country, city, VAT, and equivalent taxes may be charged.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY Sellit Social Commerce INC ON AN "AS IS" AND "AS AVAILABLE" BASIS. Sellit Social Commerce INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARTFLY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARTFLY.COM AND CARTFLY.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CARTFLY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sellit Social Commerce INC AND CARTFLY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notice and Opportunity to Cure
In the event Cartfly.com shall conclude (on its own or as the result of communication from a buyer or web site user) that Seller has violated any provision of this Agreement, then Sellit Social Commerce Inc. shall notify Seller of the violation. Seller shall have 20 calendar days from the date of notice to cure the violation to the satisfaction of cartfly.com. In the event the Seller has not cured the violation within this 20 day period, then cartfly.com may take any one or more of the following actions:
- Cancel product or service listing
- Revoke account privileges
- Suspend account
- Freeze account administration features
- Refer matter to Law Enforcement
Contacting the Web Site
If you have any question about the User Agreement, the Services or practices of this Site, or your dealings with this web site, please email us at contact@cartfly.com. If your questions are not answered online, you may write us at:
Sellit Social Commerce Incorporated
1030 NW Johnson Street
Portland, OR 97209 USA
Revisions to the Buyer's Agreement
The provisions of this Buyer's Agreement may be changed from time to time. Except as stated otherwise, changes take effect when we post them on the Site. When using particular Services on the Site, you are subject to any unique posted policies or rules applicable to specific Services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Buyer's Agreement. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Law and Forum for Disputes
This Buyer's Agreement shall be governed in all respects by the laws of the State of Arizona as they apply to agreements entered into and to be performed entirely within Arizona between Arizona residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Sellit Social Commerce Inc. must be resolved by a court located in Phoenix, AZ. You agree to submit to the personal jurisdiction of the courts located within Phoenix, AZ for the purpose of litigating all such claims or disputes.
General
Cartfly.com and Sellit Social Commerce Inc. are used interchangeable at times and the mention of one within a section of this Agreement and not the other does not limit or restrict application of the provisions of the particular section to the named entity to the exclusion of the others although in other sections both are named at times. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a particular breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
