Terms and Condition
WHEREAS, SHOPSWAP has successfully engaged various Resellers in the business of selling and/or trading in multiple products or product lines to market their products to customers via SHOPSWAP's website; and
WHEREAS, SHOPSWAP, through such marketing, has the ability to facilitate trades of streetwear and shoes between its Resellers and Customers or between Customers and Customers; and
WHEREAS, Customer desires to use the services of SHOPSWAP to purchase from Resellers and/or trade with other Customers or Reseller;
NOW THEREFORE, in consideration of the promises made by the parties, it is agreed as follows:
- Upon successful registration, SHOPSWAP will automatically link Customer, through it's website, with the Reseller having the best price, best shipping and is nearest to Customer.
- For all trades, Customer must complete the Trade Proposal Form requiring the product quality be DS, VNDS, with box, receipt, listed by SKU#, with pictures.
- Customer must ship first for all proposed trades.
- All proposed trade items must be new or only slightly used.
- The Trade Proposal Form must first be reviewed by SHOPSWAP and then
- directed to the Reseller. Customer will be notified within 24 to 48 hours if the trade has been accepted or rejected. Upon acceptance of a trade, a shipping label will be provided to Customer for shipping purposes.
- Reasons for rejecting or voiding a trade include, but are not limited to, no account, unfair trade, over maximum limit of items or fake trade.
- For all trades, Reseller has the final determination whether the item traded is "authentic". Once Reseller has made a determination the item is "authentic", the trade is final.
- All sales pursuant to this Agreement are final.
- The parties hereto agree that information obtained pursuant to this Agreement may be of a sensitive, privileged and/or confidential nature and, therefore, the parties agree that any information so obtained shall be held in the strictest of confidence and shall not be disclosed to any third party, not a party to this Agreement, under any circumstances, except as required by law or an Order of a court of competent jurisdiction.
- There is no implied or hidden liability or obligation on SHOPSWAP for any trade made pursuant to this Agreement. Further, SHOPSWAP makes no warranty nor guarantee regarding the condition or authenticity of any item traded.
- SHOPSWAP may suspend or discontinue Customer's account at any time if Customer fails to comply with the provisions of this Agreement.
- Customer agrees to hold SHOPSWAP free and harmless from any and all claims, damages, and expenses of every kind or nature whatsoever, including reasonable attorney fees, (a) arising from acts of Customer; (b) arising from acts of third persons in relation to items traded under this Agreement, including, but not limited to execution of liens and security interests by third parties with respect to any such items; or (c) arising from items or products purchased from any Reseller.
- This Agreement shall be governed by the laws of the State of Michigan.
- Any claim arising out of or relates to this Agreement shall be settled by binding arbitration conducted by the American Arbitration Association. The arbitration shall be conducted in accordance with the applicable law and the currently applicable rules of the American Arbitration Association. Judgment upon the award rendered by arbitration may be entered in a circuit court of appropriate jurisdiction. The parties hereto expressly waive trial by jury.