Terms and Conditions for Sellers
Introduction
Welcome to Tool Swap Shop, the premier online marketplace connecting sellers with buyers for tools and equipment. By registering as a seller on Tool Swap Shop, you agree to comply with the following terms and conditions. Please read them carefully.
Seller Registration and Account
1.1 To become a seller, you must complete the registration process, providing current, complete, and accurate information as prompted by our registration form.
1.2 You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account.
1.3 You agree to immediately notify Tool Swap Shop of any unauthorized use of your password or account or any other breach of security.
1.4 Tool Swap Shop reserves the right to verify your identity and the authenticity of the tools you list on the platform.
Use of the Platform
2.1 Tool Swap Shop grants you a limited, non-exclusive, non-transferable license to access and use the platform for listing and selling tools in accordance with these terms.
2.2 You agree not to use the platform in any way that is unlawful or harms Tool Swap Shop, its service providers, suppliers, or any other user.
2.3 Sellers must ensure that all listed items comply with local, state, national, and international laws and regulations, and are not stolen, counterfeit, or otherwise prohibited.
Tools Listings and Sales
3.1 Sellers are solely responsible for the legality, reliability, condition, and accuracy of the tools they list.
3.2 Sellers must clearly disclose any defects, damages, or issues with the tools in the product description.
3.3 Tool Swap Shop may, at its discretion, remove any listing that violates these terms or is deemed inappropriate.
3.4 Sellers are responsible for packaging and shipping tools securely and in compliance with shipping laws and regulations.
Fees and Payments
4.1 Tool Swap Shop charges a transaction fee of 8% of the net sale amount after payment processing fees. This fee is deducted from the seller’s earnings and covers platform operational costs.
4.2 Payments for completed sales, including shipping fees paid by the buyer, are processed through the platform’s payment gateway (Stripe) and held in the admin’s account until reconciliation.
4.3 Shipping fees collected from the buyer are used to reimburse the admin for the shipping label cost, which is purchased on behalf of the seller. The seller will only receive the net amount after the following deductions:
- The platform’s 8% commission.
- Payment processing fees.
- Shipping label cost.
4.4 Sellers are responsible for any applicable taxes on sales, and Tool Swap Shop does not provide tax advice or services.
4.5 Payouts to sellers are made on a weekly basis (e.g., Fridays) to allow for reconciliation of shipping label costs and other fees.
Shipping and Delivery
5.1 Tool Swap Shop calculates shipping fees based on the seller’s address as the origin and the buyer’s address as the destination. These fees are displayed to buyers at checkout and are intended to cover the shipping label cost.
5.2 The admin purchases the shipping label on behalf of the seller once an order is confirmed. The label cost is deducted from the seller’s payout, ensuring the seller is not burdened by upfront shipping expenses.
5.3 Sellers must ensure that tools are securely packaged and shipped using the label provided by the admin. Once the item is shipped the seller must add the tracking number to the order for the customer to track. We recommend keeping the tracking number for at least 30 business days in case of disputes.
5.4 Sellers are required to ship items within 3 business days. Delays in shipment may result in penalties or disputes, which will be handled according to the platform’s dispute resolution policies.
5.5 Tool Swap Shop is not responsible for shipping delays caused by the carrier, damage during transit, or lost items. Sellers are encouraged to inspect the shipping label and package carefully to minimize risks.
5.6 Buyers must notify vendors of any shipment issues (e.g., damage or non-receipt) within 48 hours of delivery. Sellers are required to resolve such issues promptly. If disputes cannot be resolved, Tool Swap Shop may mediate.
This document provide additional shipping details.
Intellectual Property Rights
6.1 You acknowledge that Tool Swap Shop owns all rights, title, and interest in and to the platform, including all intellectual property rights.
6.2 You are granted a non-exclusive right to use the platform solely in connection with listing and selling tools. This right does not include any resale or commercial use of the platform or its contents.
Termination
7.1 Tool Swap Shop may terminate your access to the platform with or without cause at any time and effective immediately, which may result in the forfeiture and destruction of all information associated with your account.
7.2 If you wish to terminate your account, you may do so by reaching out to Tool Swap Shop Support team.
7.3 Upon termination, any pending payouts or disputes must still be resolved in accordance with these terms.
Indemnification
You agree to indemnify and hold Tool Swap Shop, its affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the platform, violation of these terms, or infringement of any intellectual property or other right of any person or entity.
Limitation of Liability
Tool Swap Shop is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the platform, including but not limited to losses arising from transactions, shipping errors, or misuse of tools.
Disclaimer of Warranties
Tool Swap Shop provides the platform on an ‘as is’ and ‘as available’ basis without any warranties of any kind, either express or implied. Tool Swap Shop does not guarantee the accuracy of listings, the condition of tools, or the satisfaction of transactions.
User Responsibilities
Users are responsible for ensuring their use of the platform complies with all applicable laws and regulations, including the safe handling, use, and operation of tools purchased.
Privacy and Data Protection
Your use of the platform is subject to our Privacy Policy, which explains how we collect, use, and protect your personal data.
Prohibited Activities
Users are prohibited from engaging in activities that:
- Violate any laws or regulations.
- Infringe upon the rights of others.
- Interfere with the platform’s operations.
- Include the sale of stolen, illegal, or counterfeit tools.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.
Arbitration and Dispute Resolution
Any disputes arising out of or relating to these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
Cancellation and Refund Policy
For additional details, please refer to our Refund and Cancellation Policy. If a customer submits a cancellation request and is eligible for a refund in accordance with our policies, we will initiate the refund process and credit the amount to your account via Stripe.
Tool Safety and Misue
Tool Swap Shop is not responsible for any injuries, damages, or harm resulting from the use or misuse of tools purchased through the platform. Sellers must ensure that tools are safe and operational before listing, and buyers are responsible for using tools safely and in accordance with manufacturer instructions.
Dispute Resolution for Transactions
Tool Swap Shop may mediate disputes between buyers and sellers but does not guarantee resolution. All disputes must first be communicated between the involved parties.
Last updated 12/5/2024