Terms and Conditions of Use
|Last Updated: June 14, 2013|
Section headings in these Terms and Conditions are for convenience only and do not have any force or effect.
| Eligibility |
Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions may register for an account and use the Site and Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the website and related services by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms and Conditions. By registering for an account or using the website and any related services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a registered user and use the services made available to registered users, and you further agree to abide by all of the terms of these Terms and Conditions.
| Changes to the Terms and Conditions |
Company may update these Terms and Conditions from time to time by posting revised versions on the site, without notice to you except that the effective date at the top of these Terms and Conditions will change and your subsequent use of the site is governed by that new Terms and Conditions.
| Prohibited Items |
You can donate just about anything on the Site, but you do have to comply with all local, state and federal laws and regulations. A nonprofit beneficiary organization may, in its sole discretion, determine that certain types of items, or any specific listing, is inappropriate as a donation for its benefit. If Company or a nonprofit beneficiary organization determines that the content of a listing is prohibited, illegal or inappropriate, the listing may be removed without prior notification.
The following items may not be listed on WebThriftStore.com or any website or service maintained by Company:
At this time we are also not accepting Cars, Boats or Planes with an asking price greater than $500.00, due to additional IRS requirements for such donations.
| Terms for Donating Items |
By clicking the 'Post for Sale' button, you are pledging the donated item as a contribution to the nonprofit designated as the beneficiary on the page where you clicked 'Donate.' You understand that WebThriftStore has been engaged to execute the sale of the donated item(s) on behalf of the nonprofit and pay the proceeds over to it, withholding a fee for the services provided in completing the transaction. You agree that, upon notice from us that the item has been sold (and within the time frame you indicated when posting the item), you will deliver the item in accordance with the delivery option you offered that was selected by the buyer. If the buyer selected local delivery, you will arrange with the buyer a time and place for the buyer to take possession. If the buyer has paid for shipping, WebThriftStore will generate a prepaid shipping label for you to print and affix to the package. When the sale is completed, your pledge is satisfied and your contribution becomes final. WebThriftStore, on behalf of the nonprofit, will send you a receipt to use for tax purposes.
You understand that only if and until someone purchases and takes delivery of an item will it become a charitable contribution. You cannot claim an unpurchased item as a tax-deductible contribution to charity, and it remains your property (pledged to the charity) until it is sold. If you delist the item that is treated as a rescission of your pledge. Upon confirmed receipt by buyer, the gift is perfected and the value of the item can be claimed as a charitable contribution. In the unlikely event that a buyer refuses to take delivery of an item, the gift is not perfected, the item remains your property, and there is no contribution. If the buyer accepts delivery but requests a refund and you have selected the option to have the item returned to you, the gift is rescinded and the item will be returned to you and no charitable contribution may be taken. Otherwise, once a buyer has taken delivery of an item, you will no longer own it and it will not be returned to you. In the event of a buyer refund or return, WebThriftStore will relist the item (possibly at a different price) or otherwise sell or dispose of the item as WebThriftStore sees fit, subject only to any instructions we receive from the nonprofit. If an item is resold, the proceeds received by the nonprofit for your contribution may be different than the amount of the original sale, or if WebThriftStore cannot sell or liquidate the refunded item, there could be no proceeds to distribute to the nonprofit.
All items shipped using a WebThriftStore prepaid shipping label include insurance. If a claim is made that the item was lost or damaged in shipping, and that claim is filed within 30 days of expected delivery, the item will be treated as a return under the 30-Day Buyer Assurance Guarantee. The purchase price will be refunded to the buyer. WebThriftStore will make the insurance claim and pay the net proceeds of any shipping insurance recovery over to the designated nonprofit in the same manner as it would have for the original sale.
Note about nonprofits' use of donated items
| Terms for Buying Items |
By clicking the 'Buy Now' button, you agree (i) to purchase the indicated item; (ii) that WebThriftStore may charge your credit card for the purchase price (including shipping and sales tax, if applicable), and (iii) that the net proceeds will be paid to the nonprofit designated as the beneficiary. You understand that the IRS does not regard the purchase price as a tax-deductible contribution to charity because you have received goods in exchange for your payment.
WebThriftStore does not control or guarantee (i) the accuracy of users' content, listings or claims, (ii) the quality, authenticity, safety, or legality of items offered, or (iii) the donor's rights or ability to offer listed items. Purchases are refundable if an item does not match the donor's description, or is not shipped within seven (7) business days of purchase (see 30-Day Buyer Assurance Guarantee section below).
| 30-Day Buyer Assurance Guarantee |
All purchases are backed by our 'Assurance Guarantee' that protects buyers from items that are SNAD - Significantly Not As Described.
If an item is not received, WebThriftStore will provide a full refund (including shipping) to the buyer. A refund can be requested if a shipment notification is not received within seven (7) business days of purchase, or an item is not received within 10 business days (for Priority/Express/First-Class shipping) or 14 business days (for Parcel Post/Media/Standard shipping) of purchase.
Locally Delivered Items
If the buyer takes possession of an item and subsequently, but no later than 30 days after the date of purchase, discovers a significant discrepancy between the donor's description and the received item that could not be readily discovered at the time of pickup, WebThriftStore will refund the purchase price and provide return instructions.
| Returns of Items that are Large, Heavy or Not Shippable by USPS |
According to our 30-day Buyer Assurance Guarantee, we will refund the purchase price of any item, but not its delivery, shipping, storage, handling, disposal or other incidental or consequential costs (except loss or damage covered by USPS insurance when using our prepaid shipping labels). For large items, such as sofas, the only practical return may be to find a local buyer willing to pick the item up, which we cannot guarantee will happen in a timely manner or at all. If no buyer can be found, you will be responsible for any removal or disposal costs for that item. You should consider these costs when buying, picking up or taking delivery of such items. When picking up any item, you should inspect it carefully and refuse delivery if you are not satisfied. Notify email@example.com immediately that you have refused delivery of an item, include the order number from your receipt, and we will refund your money.
| Shipping Insurance |
All items that are shipped using a prepaid shipping label include USPS insurance based on the price paid for the item, package type, and service class. USPS regulations for insurance claims can be found here. In the event of a claim for loss or damage in shipping within the 30-day Buyer Assurance Guarantee, the purchase price (including shipping charges) will be returned to the buyer. WebThriftStore will make the insurance claim and pay the net proceeds of any shipping insurance recovery over to the designated nonprofit in the same manner as it would have for the original sale. This may affect the proceeds received by the nonprofit for the contributed item.
In accordance with USPS policy, WebThriftStore will similarly assist you in filing with USPS any claim on buyer's behalf concerning a lost or damaged shipment. Note that although a claim can be made with USPS, a claim occurring after WebThriftStore's 30-day Buyer Assurance Guarantee is ineligible for a WebThriftStore refund of the sales price. USPS will process any such later claim in accordance with their policies.
Note that under USPS guidelines, claims for damaged shipments must be made no later than 60 days from mailing date. Claims for a lost Express Mail package must be made no later than 90 days after the original mailing date, and claims for all other packages must be made no later than 180 days after the original mailing date. WebThriftStore will pay the proceeds of any shipping insurance claim it receives over to buyer.
For any shipping insurance claim at any time, USPS requires that you retain the damaged article and mailing container (including wrapping, packaging, and contents). USPS may require you to turn the materials over to a Post Office for inspection, retention, and disposition in accordance with the claims decision.
|User Conduct |
Users agree not to use the Site or Services to:
In addition, unless there is a written agreement between you and Company in effect to the contrary, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the websites or services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the website or service); or, (ii) use the Site or Services in any manner that could disable, overburden, damage or impair the Site or Services, or interfere with any other party's use and enjoyment of the Site or Services.
|Content Available On or Through the Site and Services |
| Proprietary Rights Restrictions |
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site or contained in a file that is uploaded to the Site.
| Visitor/User Suggestions |
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Company ("Comments") are not confidential and you hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
| Third Party Website Content and Links |
The Site may contain links to websites not controlled by Company ('Third Party Websites'), as well as Content belonging to or originating from persons or organizations other than Company ('Third Party Content'). You acknowledge that Company is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website. You further acknowledge that Company (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
| Termination/Exclusion |
We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Site and using the Services for any reason or for no reason whatsoever, including improper use of this Site or the Services or failure to comply with these Terms and Conditions, and to take any other action we deem appropriate. You agree that Company shall not be liable to you or any third party for any termination of your access to the Site, Services and/or to any Content therein.
| Paid Postings |
We may post Content from third parties in some areas of the Site. Any third party posting Content to the Site is solely responsible for said Content and compliance with these Terms and Conditions.
| Disclaimers |
YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, NONPROFIT PARTNERS OR AGENTS (THE "COMPANY PARTIES" OFFER THE SITES AND SERVICES AS-IS AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY PARTIES DO NOT INDIVIDUALLY OR JOINTLY WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
| Limitation of Liability |
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR THROUGH THE SITE OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITES OR SERVICES, FOR YOUR USE OF THE SITES OR SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON OR THROUGH THE SITE IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE SITES OR SERVICES.
| Indemnification |
You agree to indemnify, hold harmless and defend the Company Parties harmless from and against any and all loss, liability, claims, causes, actions, damages, expense, cost (including but not limited to reasonable attorneys' fees), or penalties , incurred or made against the Company Parties in connection with any claim arising out of or related to: (1) your use of the Site, the Services or the Content (2) any breach of these Terms and Conditions by you or your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any Content you provide to Company. You agree to fully cooperate as reasonably required by a Company Party. Each Company Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Company Party.
| Governing Law |
THE FORMATION, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND ANY DISPUTES ARISING OUT OF IT SHALL BE GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS RULES ON CONFLICTS OR CHOICE OF LAW AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES OF AMERICA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
| Resolution of Disputes |
These Terms and Conditions contain a binding arbitration provision that may be enforced by the parties. Any controversy or claim arising out of or relating use of the site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and Company. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or Company may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in New York, New York, as may be necessary to protect the rights or property of you or Company pending the completion of arbitration.
| Injunctive Relief |
You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to Company as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Company shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Company in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
| Entire Agreement |
| Copyright Complaint Policy |
If you believe that any Content infringes your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.
| Contacting Us |
If you have any questions about the site or these Terms and Conditions, you may contact us via e-mail at firstname.lastname@example.org. We are always glad to hear your questions and comments.
This work is licensed under a Creative Commons Attribution 3.0 Unported License.