Terms of service
Last updated: November 30, 2019
- Background / Introduction
- These Terms of Service set out the terms on which DEALIO (“dealio”, “we”, “us” or “our”) offers you access to and use of the marketplace on our website accessible at https://historiaemprosa.com/ (“Site”) and any other properties and content that link to these Terms of Service (collectively, the “Service”). Please carefully read these Terms of Service (these “Terms”), including the binding arbitration provision contained below under “Dispute Resolution”, which will require you to submit claims you have against us to binding and final arbitration, unless you opt out of the binding arbitration provision by following the opt-out procedures described below under “Dispute Resolution” or unless a limited exception described in these Terms applies. If you do not opt out of the binding arbitration provision, you will only be permitted to pursue claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- These Terms constitute a legally binding agreement between you and DEALIO. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. You acknowledge and agree that, by accessing or using the service or by posting any content on or through the service, you are indicating that you have read, understand and agree to be bound by these Terms, whether or not you have registered with the service. If you do not agree to these Terms, then you have no right to access or use the Service. We may ask you to additionally confirm your acceptance of these Terms during use of the Services.
- We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service and to modify these Terms, at any time and without prior notice. If we modify these Terms, we will update the Terms on the Site and Portal and will try to provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Service after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
- About DEALIO
- DEALIO is a marketplace that allows users who comply with DEALIO policies to offer, sell and buy certain goods. For transactions in which a Seller sells to a Buyer through our platform, if you are a Buyer, you acknowledge that you are buying items from a third party, not DEALIO. We do not take title to any items sold by a Seller to a Buyer through our platform, and we do not act as a Seller, Buyer, or affiliate for a Seller or Buyer with respect to any such transactions. While we may help facilitate the resolution of disputes, we do not otherwise guarantee (i) the existence, quality, safety or legality of the items advertised; (ii) the truth or accuracy of Sellers’ listings; (iii) the ability of Sellers to sell items; (iv) the ability of Buyers to pay for items; (v) that a Buyer or Seller will actually complete a transaction or return an item; or (vi) the legal transfer of an item from the Seller to the Buyer.
- DEALIO services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. DEALIO may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use DEALIO services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
- Intellectual Property
- When you provide content using the Services (directly or indirectly), you grant DEALIO a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against DEALIO.
- You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party. DEALIO takes no responsibility and assumes no liability for any content provided by you or any third party. We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that eBay is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
- The name “DEALIO” and other DEALIO marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of DEALIO. They may not be used without the express written prior permission from DEALIO.
- Account Registration and Security
- In order to access certain features of the Service and to post any Registered User Content on or through the Service, you must register to create an account (“Account”) and become a “Registered User”. You will be required to provide certain information during the registration process, and you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account for any reason at our discretion, including if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account by contacting us here.
- General Conditions
- When using any of DEALIO Service, you agree not to do any of the following:
- Attempt to access and use restricted areas of the Service and our and third-party providers computer systems.
- Attempt to probe and test possible vulnerabilities of any of our systems, security and authentication mechanisms of the Service and Content.
- Use the Service to create and distribute spam, unauthorized advertising, promotional content or any other harmful materials.
- Use the Service and Content for any commercial purpose of any third party or in any way prohibited by these Terms
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Service and DEALIO or third party providers’ infrastructure.;
- Collect or store any personally identifiable information from the Service about other users of the Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts the Service; or
- Encourage or enable any individual to do any of the foregoing.
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that we have no obligation to monitor your access to or use of the Service or Content, but that we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
- When buying an item using DEALIO Services, you agree to the following:
- You are responsible for reading the full item listing before making a commitment to buy.
- You are responsible for reading Seller’s shipping and return policy. DEALIO will mediate all possible disputes with regards to Seller’s policies on the moment of purchase.
- You enter into a legally binding contract to purchase an item when you commit to buy an item,
- We do not transfer legal ownership of items from the Seller to the Buyer. We do not guarantee the existence, quality, safety or legality of the items; the truth or accuracy of Sellers’ listings.
- Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
Offering to buy or sell listed item outside of DEALIO, including sharing direct contact information prior to a purchase, is not allowed. Contacting another DEALIO member to discuss moving a purchase off DEALIO Service exposes both the buyer and seller to the risk of fraud. It also means DEALIO will not offer protection or support to both Buyer and Seller in the case of disputesWhile Seller feedback is intended as open forum, DEALIO reserves the right to monitor and manage feedback left by the Buyers to the Sellers. If a feedback is considered untruthful or misleading, DEALIO may delete the feedback, block the option for corresponding account to leave feedback and suspend corresponding account from using Service.
- Refund and Returns conditions may differ between the Sellers and can be found in each item and Seller page. By placing an order, you agree that you have read and understood Seller’s Refund and Return policies.
- DEALIO Return and Refund policy applies to all orders and can be superseded by applicable points in Seller’s Return and Refund policies. DEALIO Return and Refund policy is as follows:
- All sales are final. Refunds are not allowed. Refunds are only possible under DEALIO Purchase Protection (item is significantly not as described or has been damaged in transit). All refund requests are decided individually on case-by-case basis.
- Returns are not allowed, as all items sold are one-off items made to order. Custom sneakers are hand-made work of art and final product is always up to artist’s interpretation. Small differences between final product and advertised product / digital design are possible and are not considered grounds for refund or return.
- Refunds for services (e.g. custom design deposit, sneaker sourcing, etc.) are not allowed once the service has been rendered.
- Refunds after the item has been shipped out by the Seller are not allowed.
- Turnaround time for custom sneakers is set individually by the Seller, please refer to the “Shipping & Returns” page on the product page or Seller page. Usual turnaround time is 3-5 weeks, but can be longer depending on the Seller. If the Seller turnaround time is not stated explicitly, and 5 weeks have passed after the purchase, we may make a refund, decided on case-by-case basis.
- Returns are not allowed, as all items sold are one-off items made to order. Returns may be arranged for accessories, decided on case-by-case basis. Buyer is responsible for shipping return item to our address.
- DEALIO Purchase Protection: If the item arrives damaged in transit or significantly not as advertised, DEALIO may decide to refund the order. All refund requests are decided individually on case-by-case basis.
- When listing an item using DEALIO Services, you agree to the following:
- You are responsible for the accuracy and content of the listing and item offered,
- You are legally allowed to sell the item,
- You are obligated to ship the order or otherwise complete the transaction according to your store shipping and selling policy, uploaded the the Site.
- All sales are binding. A Seller becomes a Merchant Of Record and is responsible for all corresponding duties, including, but not limited to, charging and remitting sales tax, managing shipping and returns of item.
- Content that violates any of DEALIO policies may be modified, obfuscated or deleted at DEALIO discretion,
- Appearance of listed item in search results or anywhere on the Site can be modified at DEALIO discretion,
- Our Service may contain links to third-party web sites or services that are not owned or controlled by drippy.
All Sellers are urged to outline shop policies for their DEALIO shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. Sellers are responsible for enforcing their own reasonable shop policies. DEALIO reserves the right to request that a seller modify a shop policy. Only policies uploaded and visible on Seller’s shop shall be considered binding, if on the moment of purchase policy was not accessible or it was changed after the purchase, DEALIO reserves the right to mediate the possible dispute at own discretion and against Seller’s policy.In case a Seller fails or refuses to сarry out his shipping, return, guarantee or other policies, or these Terms, DEALIO reserves the right to apply reasonable penalties to the Seller, including, but not limited to, changing Seller’s commission, changing Seller’s funds hold period, temporarily or permanently suspending Seller’s account and imposing a fine on Seller.The price stated in each item listing description is considered final and must be an accurate representation of the sale. You may not alter the item’s price after a sale for the purpose of avoiding DEALIO transaction fees, misrepresent the item’s location, or use another user’s account without permission. In case of infringement DEALIO reserves the right to apply abovementioned penalties as well as holding Seller’s funds until a dispute is settled.Seller is obliged to match prices of goods on DEALIO Service with other distribution channels Seller may use, including temporary and seasonal discounts and promotions on any item or store-wide. DEALIO reserves the right to monitor Seller’s listings online and demand price changes if discrepancies are found. DEALIO may use data from third party as proof of price discrepancy.Offering a Buyer to purchase an item off DEALIO Services is not allowed. DEALIO reserves the right to revoke Seller protection, hold Seller funds and apply abovementioned penalties to Sellers, violating this policy.
- Registering for the Service is free, but DEALIO charges certain fees based on various transactions on the Service. When an item is purchased, a Commission Fee is charged to the Seller. The Commission Fee for a Seller in good standing is 10% of total order. The Commission Fee may increase up to 20% of total order, subject to Seller’s standing, amount of cancellations and disputes or violations of these Terms or other DEALIO policies. Unless otherwise stated, all fees are quoted in currency of the transaction.
- Changes to the Fees Policy are effective after DEALIO provides Seller with at least fourteen (14) days’ notice by posting the changes on the Site. Changes of Fees Policy of individual Seller are effective with at least seven (7) days’ notice by contacting the Seller personally by email or other means of communication available.
- DEALIO reserves the right to change, or discontinue, temporarily or permanently, some or all of such fees (including for promotional events). In case a modified Fees Policy is agreed upon with a Seller, the addendum is to be signed with this Seller, outlining modified Fees Policy..
- DEALIO only facilitates the transaction between the Buyer and the Seller. We do not claim the right to any item sold using our Services and we do not act as Buyer, Seller or affiliate for a Seller or Buyer
- Seller may be asked to open an account with our payment provider (Stripe). Any order amount paid by the Buyer is distributed directly to Seller’s account receiving payments. DEALIO does not possess full order amount at any point in transaction. Our Commission Fee is deducted from total amount and is registered as a payment from the seller to DEALIO.
- Our payment provider may restrict access to funds in a seller’s account based on certain factors, including, but not limited to, anti-fraud security, selling history, seller performance, returns, transaction value.
- Any commissions, quoted by our or another payment-provider, or commissions, resulting from unavailability of funds withdrawal are borne by the Seller. In some cases, private agreement may be reached between DEALIO and the Seller concerning funds withdrawal.
- DEALIO reserves the right to terminate or suspend your access to Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Should your account be suspended, your access to the Service revoked or these Terms terminated for your breach, you remain liable for all amounts under these Terms.
- You can delete your account by contacting us.
Limitation of Liability
- You expressly agree that your use of DEALIO Services is at your sole risk.
- The DEALIO Services and all content, information or other services available through Site or Portal are provided to you by Drippy “As is” and “As available” basis, unless otherwise specified.
- DEALIO makes no representations or warranties of any kind, express or implied, as to the operation of DEALIO Services, Site, Portal or the information, content, products, unless otherwise specified.
- To the full extent permissible by law, DEALIO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and warranties arising out of course of dealing or usage of trade.
- DEALIO does not warrant that the Service will be available on an uninterrupted, secure, or error-free basis, that defects will be corrected, or that the Service is free of viruses or other disabling devices or harmful components.
- To the full extent permissible by law, DEALIO will not be liable for any damage of any kind arising from the use of any DEALIO Service or from any content, information or other services available through Site or Portal, including, but not limited to, direct, indirect, incidental, punitive damages, financial loss, loss of data, loss of goodwill, service interruption, unless otherwise specified.
- DEALIO total liability arising from or in connection with these Terms, from the use or inability to use the Service or any damage incurred from the use or inability to use the Service exceed the amounts you have paid to DEALIO for the use of the Service or One Hundred dollars (100 USD), whichever amount is greater.
Please read this section carefully. It affects your rights and will have a substantial impact on how claims You and DEALIO have against each other are resolved.
Agreement to arbitrate
- You and DEALIO each agree that any and all disputes or claims that have arisen, or may arise, between you and DEALIO (including any disputes or claims between you and a third-party agent of DEALIO) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of DEALIO or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
- You and DEALIO agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding. Unless both You and DEALIO agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and DEALIO right to appeal the court’s decision. All other claims will be arbitrated.
- Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 13.2 of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide.
- With the exception of any of the provisions in Section 13.2 of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
- You may opt out of this agreement to arbitrate. If you do so, neither you nor DEALIO can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision.
- Notwithstanding any provision in the User Agreement to the contrary, You and DEALIO agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against DEALIO prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and DEALIO. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on Site at least thirty (30) days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the thirty(30)-day period and you will not be bound by the amended terms.
|Key provisionsFor information only. Please carefully read the full text of these Terms, as they constitute a legally binding agreement between you and DEALIO. These are important point from these Terms, grouped for easier navigation. Your usage of the Service, including vendor portal, constitutes express agreement to these Terms. We may ask you to additionally confirm your acceptance of these Terms. Terms and Service may be modified or terminated at any time without prior notice. Should this happen, we will try to provide you with notice.DEALIOonly facilitates the transaction between the Buyer and the Seller. We do not claim the right to any item sold using our Services and we do not act as Buyer, Seller or affiliate for a Seller or Buyer. We do not guarantee existence and accuracy of Seller’s listing, quality of the product, the legal transfer of an item from the Seller to the Buyer, availability of Seller’s funds.Seller is solely responsible for the content of the listings, we cannot be held liable to any violation of Intellectual Rights claimed by third-party.All sales are binding. A Seller becomes a Merchant Of Record and is responsible for all corresponding duties, including, but not limited to, charging and remitting sales tax, managing shipping and returns of item. The price stated is considered final and must be an accurate representation of the sale, it can not be altered after a sale. Seller is obliged to outline shipping and return policies for their DEALIO shop. Drippy DEALIO the right to request that a seller modify a shop policy. In case a Seller fails or refuses to сarry out his shipping, return, guarantee or other policies, or these Terms, penalties may be applied.Refund and Returns conditions may differ between the Sellers and can be found in each item and Seller page. You are responsible for checking these conditions before purchase.In case Seller’s Return and Refund policies can not be applied or are lacking substance, DEALIO default policy applies, which is as follows:All sales are final. Refunds are only possible under DEALIO Purchase Protection (item is significantly not as described or has been damaged in transit). All refund requests are decided manually on case-by-case basis.Returns are not allowed, as all items sold are one-off items made to order. Custom sneakers are hand-made work of art and final product is always up to artist’s interpretation. Small differences between final product and advertised product / digital design are possible and are not considered grounds for refund or return.|
Refunds are possible in 24 hours after purchase (processing window) or after the item has arrived (to provide photo evidence for the refund). Refunds when the item is still in production or in transit are not allowed.Refunds for services (e.g. custom design deposit, sneaker sourcing, etc.) are not allowed once the service has been rendered.Turnaround time for custom sneakers is 3-5 weeks. If the artist turnaround time is not stated explicitly, and 4 weeks have passed after the purchase, we may make a refund, decided on case-by-case basis.Returns are not allowed, as all items sold are one-off items made to order. Returns may be arranged for accessories, decided on case-by-case basis. Buyer is responsible for shipping return item to our address.When an item is purchased, a Commission Fee is charged to the Seller, standard rate is 10% of total order, which may increase up to 20% of total order in case of violations of these Terms. We will try to resolve all disputes with Seller, penalties are considered a last resort.Under our Price Match Guarantee, price of Seller’s item on DEALIO can not be higher that on any other platforms used by the Seller. We or third party may monitor Seller’s listings online and demand price changes if discrepancies are found. Offering a Buyer to purchase an item off DEALIO Services is not allowed and may result in penalties.Order amount is distributed directly from Buyer to Seller’s account receiving payments via our payment provider. DEALIO does not possess full order amount at any point in transaction. Our Commission Fee is deducted from total amount and is registered as a payment from the seller to DEALIO. Hold period may be imposed on seller’s account based on certain factors, including, but not limited to, anti-fraud security, selling history, seller performance, returns, transaction value. Dispute resolution:You and DEALIO each agree that any dispute shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.