General User Agreement & Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
The following describes the terms on which this Web site provides you access to our services. We reserve the right to supplement, revise, or update these terms at any time without notice to you other than by posting to this Web site. Continued use of this site following such notice (other than to discontinue your membership) shall be deemed to indicate your acceptance of said updates, revisions and additional terms and conditions.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. If your account is terminated due to any of the above you will not be entitled to a refund of any fees paid.
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. This Auction Site may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these Terms of Service and User Agreement.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to signup with their correct age the account will be terminated immediately. in accordance with applicable laws. If you are eligible to register on ShoppersArena, you must complete the registration process by providing ShoppersArena with true and correct information as required on the ShoppersArena registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account. You must provide your name,address and phone number to sell in ShoppersArena. You May Not register an account in another persons name. Members are responsible for the account they open.
Members agree to provide true and accurate information about him/herself in the registration form.
It is a violation of Federal law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not give us your real name your web browser transmits a unique Internet address to us which can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.
1. User Verification
Because of difficulties involved with verification over the Internet, ShoppersArena is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another users identity, we suggest that you contact them. You may also review any members feedback profile to see what others have said about dealing with them. We reserve the right to contact members at any time and attempt to verify registration information, as submitted, during scheduled or random membership auditing. You must be the person who registered or account will be terminated.
2. Disputes and Release
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. You hereby release ShoppersArena (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes.
This web-site assumes no liability for the content of the listings.
However if you fall victim of a fraudulent transaction we will assist you as much as we can.
3. Placing Bids or Buying
By placing a bid on or buying an item listed on Shoppersarena, you are stating that you have the ability and intention to purchase the item for the amount of your bid, should the auction end and you are the high bidder, or to purchase an item for a stated price. In the case of a reserve auction, if your bid meets or exceeds the sellers stated reserve price, you agree to purchase the item for the amount of your winning bid.
Before placing a bid in an auction or buying, you should be certain you understand all terms and conditions of the sale as indicated by the seller. Placing a bid is considered a legal, binding contract in most states. If you have any questions about an item, or the seller offering the item, you should ask the seller before placing your bid.
Only in certain situations would bid withdrawal be acceptable. These situations may include:
a) The seller has made material changes to the description of the item after your bid was placed.
b) The seller has made a typographical error in the description of the item.
c) You have contacted the seller and requested that your bid be retracted, and the seller agrees to do so.
Bidders may not engage in the following activity:
a) Bidding in a manner that causes the maximum bid of other bidders to be revealed, then retracting your high bid, and bid again at a lower increment above the true high bidder.
b) Placing bids for the purpose of exposing the sellers reserve price, then retracting your bid and bid again later with a secondary User ID.
c) Bidding on any item that you do not have the intention or means to purchase at the close of the auction, should your high bid cause you to win the auction, or buying an item at a stated price without intention or means to purchase. You are encouraged to ask the seller of an item listed on sellersarena any questions you may have regarding the sale of, or condition of, the item before placing your bid.
d) By placing a bid, you further state that the purchase and or delivery of the item does not violate any local, state or federal laws, regulations or guidelines regarding the sale or distribution of such item.
Non Paying Buyers:
2-Account suspended for 14 days after 2nd negative feedback
3- Account suspended permanetly if buyer does this again after 14 day suspension
Management may at any time temporary or permanetly suspend a sellers store if they deem the seller is not complying with ShoppersArena rules and have multiple complaints of non payment.
Placing an item for auction is an irrevocable offer to sell an item to the winning bidder. There is a minimum 10 item listing in every store. Management will remind sellers if their listings fall below 10. If the sellers continue to do this the store will be closed.The winning bidder is the highest bidder on the item, or in the event of a tie, the bidder who placed the highest bid chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item. In the case of a Dutch auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.
Listing an item constitutes entering a binding legal agreement to sell the item to the highest bidder as determined by the rules of the auction. Items listed on this auction site may not be concurrently offered for sale on any other online auction site. Once an item is listed and has received a winning bid, the item may not be withdrawn from sale. Please consider carefully whether you want to place an item for auction.
When listing items, ensure that the items listed for auction do not infringe upon the copyright, trademark or other rights of those third parties. By listing items for sale on this site you represent to us that your items do not infringe on the intellectual property of any third party and that you have a legal right to sell the items you list.
Your description of the item must be truthful and accurate. Adding additional unrelated keywords to your listing to make it show up through our Search facilities is prohibited. Item Titles may not be in ALL CAPS.
The sale of your item(s) on this auction site: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
At no time may a seller list items for sale and not deliver all of the items described to any buyer. This can be action for immediate removal from ShoppersArena.
You may not post on our site or sell through our site any: (a) item that, by paying to us the store subscription fee or Home Page Featured or Category Featuerd fees, could cause us to violate any applicable law, statute, ordinance or regulation, or (b) live animals, human beings or body parts (relics, skulls, human remains or other parts), bulk email lists, illegal weapons, instructions/kits/plans/parts designed to illegally convert firearms to full-auto fire, instructions/kits/plans/parts designed to illegally build silencers, or instructions on how to build bombs or explosives.
In the event of a conflict, the rules of the auction as specified by this document supercede the terms stated in the seller's auction listing. A seller may not alter the rules of the auction by the language of his listing.
By listing an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the bidders who place bids on this item.
5. Listing Content / Multiple Listings.
Auction listings must offer a specific product or service at a specific price. Any listing deemed to be general advertising instead of an offering of something specific for sale will be removed. We reserve the right to edit or remove auction listings as deemed necessary by the auction site. Listings may be moved to a different category if deemed inappropriate for the listed category, so put your listing in the most appropriate category. We reserve the right to remove any listing deemed inappropriate or in violation of the letter or spirit of our rules.
We do not allow the posting of excessive numbers of listings for the same item. Excessive duplicate listings will be removed without notice.
6.Terms of Sale.
Unless otherwise stated in the seller's Auction Description, the terms of sale of an auction item are as follows:
Buyer pre-pays in US funds by personal or business check, bank check, money order, or Escrow.
Personal or business checks will be held until they clear (7 business days).
Buyer pays estimated/actual cost of shipping and insurance.
Payment must be received within 10 days of initial contact by seller
Item is guaranteed to be working and as described when delivered; no other warranty (express or implied) is offered by seller.
Other items such as ammunition or knives must require proof of age before they can be shipped.All sellers are responsible for obtaining proper proof of age prior to selling Ammunition and Knives.
The seller can hold personal checks or money orders until payment clears for a maximum of seven (7) business days. Items must be shipped promptly upon clearance of funds. In general, no transaction should take over 30 days from the close of auction until the buyer receives the item. Seller (or seller's common carrier) is responsible for the item until the item is received by the buyer or the buyer's transfer dealer. We strongly recommend insuring all shipments and using delivery confirmation wherever possible.
7. System Abuse.
This auction site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win an auction and fail to complete the transaction, and with "problem" sellers who list an item and fail to sell it to the high bidder(s).
Without limiting any other remedies, this auction site may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
You agree to be liable for and to pay for any costs incurred by this site for your misuse of the site or for your violation of any of the site's rules, including but not limited to Store subscription fee, Home Page Featured and Category Featured fees. As well as the cost of our time spent in resolving deliberate rules violations.
8. Bid Manipulation.
Bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item.
9. Technical Difficulties.
This auction site is not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not be extended due to technical problems. Do not wait until the last minute to bid!
10. User-Generated Content.
This auction site is not responsible for the content of user-generated content including auction listings, messages on our message forums, feedback, pictures, etc. For legal reasons we do not screen user-generated content.
You are solely responsible for any information you post our use on this site, and we act as a passive conduit for your online distribution and publication of this information. If you post information that is slanderous, violates any international, federal, state, or local law, or violates the intellectual property of another party you will be solely liable for the consequences. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
11. Illegal Items/ Prohibited Items
By registering as a member of and using this site you agree that all transactions do not violate any applicable local, state, federal and/or international laws.
- Adult Content of any nature, No nudity, pornographic materials, etc. No items may use live models for displaying of clothing.
- Alcohol - Beer, Wine, Liquor, etc. (Bottled and canned) Food not included
- Ammunition is allowed but seller MUST get Proof Of Age Before Selling and Seller takes total responsibility for the sale and holds ShopperArena, Management, owners, vendors,etc harmless from any actions arising out of the sale of the ammunition.
- Animals and wildlife products examples include live animals, mounted specimens, and ivory
- Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
- Cell Phone (Wireless) Service Contracts
- Child pornography
- Coins (Unless you have proof of ownership)
- Copyrighted Materials (images & texts)- Example No copied movies, Music, materials, etc.
- Cosmetics, used
- Counterfeit currency and stamps
- Counterfeit Designer Items (replicas or imitation of designer products listed as the real designer) Fake, imitation, or knock off items.
- Credit Cards
- Drugs & Drug Paraphernalia
- Drugs, Describing Drugs or Drug-like substances
- Electronics equipment examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
- Electronic surveillance equipment examples include wiretapping devices and telephone bugging devices
- Embargoed Goods and Prohibited Countries - examples include items from Cuba
- Event tickets
- Fake Documents
- Firearms/Weapons - examples include pepper spray, replicas, and stun guns, guns, rifles, pistols, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, crossbows, BB Guns, Etc.
- Fireworks (No fireworks of any kind is allowed to be sold)
- Gift cards
- Government and transit documents
- Government and transit uniforms
- Government IDs and licenses
- Hazardous, Restricted, and Perishable Items - examples include Freon and batteries, contaminated toys, or art or craft material containing toxic substances without a warning label
- Human Parts and Remains
- Illegal drugs or weapons
- Importation of goods into the United States examples include CDs that were intended only for distribution in a certain country
- International trading
- Items Encouraging Illegal Activity examples include an eBook describing how to create methamphetamine
- Items with brand names not associated with the product in the title of description
- Lockpicking devices
- Lottery tickets
- Mailing Lists and Personal Information
- Manufacturers' coupons
- Medical devices examples include contact lenses, pacemakers, and surgical instruments
- Military items (see also firearms, weapons, and knives)
- Multi-level marketing, pyramid, and matrix programs
- Offensive material examples include ethnically or racially offensive material and Nazi memorabilia
- Pirated materials and products
- Plants (see weeds and seeds)
- Police-related items
- Political memorabilia (reproduction)
- Prescription Drugs
- Prohibited services
- Pre-order items
- Real estate laws and commission structures differ dramatically from state to state. Because of the legal complexities regarding the sale of real estate, real estate is not permitted for sale.
- Recalled Items
- Slot machines
- Stocks and other securities
- Stolen Property and Property with Removed Serial Numbers
- Surveillance equipment
- Teacher's edition textbooks
- Tobacco and cigars for smoking
- Transit and shipping-related items examples include blueprints of transit facilities, airplane operations manuals, and flight attendants' uniforms
- Used bedding and clothing, unless sanitized in accordance with law.
No store may have any links, linking to items for sale on another venue or linking potential buyers to another auction venue or personal web site or store.
If you are ever in doubt please contact us to make sure your item is okay.
These are here for the protection of ShoppersArena as well as for the protection of our buyers and sellers. We want this to be a wonderful selling experience and not be clogged with unwanted and illegal items of any kind.
12. Store Fee Refunds:
Monthly Memberships--We do not give refunds for unused portions of monthly memberships.
Yearly Memberships--We do not give refunds for cancellation of membership after 14 days from initial payment,and or if the member has listed in site, store or both while a member on ShoppersArena. Grand Opening Special and all specials held by management are not refundable
Once you become a member of the Service, you will receive a user ID and a password. You are entirely responsible if you do not maintain the confidentiality of your user ID and password. Furthermore, you are entirely responsible for any and all activities, which occur under your user ID and password. Member agrees to immediately notify this Auction Site of any unauthorized use of Member's user ID or any other breach of security known to Member.
Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the Sellersarena website. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information.
ShoppersArena provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our feedback system. The following actions regarding the use of the feedback system are prohibited:
Threatening another user with negative feedback for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of an auction that were not stated in the original listing.
Leaving feedback that contains vulgarity or profanity.
Leaving feedback that discloses another users personally identifiable information.
Leaving comments that are negative in nature, though the rating is positive.
Shoppersarena provides you with an opportunity to retract a negative feedback comment that you have left about another registered user within 30 days from the time you have posted such comment under specified circumstances as per the Feedback Policy.
Leaving multiple negative comments, and then retracting them, can result in suspension of your registration and account.
In the event that your feedback rating should reach the status of -2 (negative 2) your registration and account will be suspended.
It is expected that you will use the feedback system in a manner that upholds and maintains the integrity of your membership on Shoppersarena.
It shall remain the sole responsibility of the Seller to collect and report sales tax revenue where and when necessary as required by Seller's state, province or locality. As ShoppersArena is only a venue for the congregation of buyers and sellers, we assume no responsibility or burden for the collection, reporting, submission or dissemination of state sales and/or use tax. We agree to provide necessary tools to all Members engaging in inter/intrastate transactions for the purposes of defining and calculating appropriate sales tax figures, but under no curcumstances shall we be held liable for a Seller's obligation or failure to submit, report or pay any and all tax related debts to his/her collecting agency.
Terms Of Service
1. Modification of User Agreement & Terms
This Auction Site reserves the right to modify these terms and conditions at any time without notice. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of these Terms of Service and any modifications; and (2) agreement by Member to abide and be bound by these Terms of Service and modifications
2. MODIFICATIONS TO SERVICE
This Auction Site reserves the right to modify or discontinue the Service with or without notice to Member. This Auction Site shall not be liable to Member or any third party should this Auction Site exercise its right to modify or discontinue the Service.
3. AUCTION SITE'S OBLIGATIONS
Member acknowledges and agrees that this Auction Site does not endorse any of the goods that are sold through the Service.
Member acknowledges and agrees that this Auction Site is not responsible for any damages to goods during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. Member acknowledges and agrees that any dispute involving this Auction Site shall be settled by arbitration in the state of Georgia, USA pursuant to the Rules of the National Arbitration Forum.
4. Limitation of Liability
IN NO EVENT SHALL SHOPPERSARENA (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.
THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
5. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.THIS AUCTION SITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THIS AUCTION SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THIS AUCTION SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THIS AUCTION SITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Shoppersarena, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Shoppersarena site, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.
7. Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site.
8. No Partnership / Agency
You and Shoppersarena act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.
9. Violation of User Agreement
We may terminate your account registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
Should Member object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify this Auction Site of termination