"Account" means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;
"Buyer" means a User who makes a purchase on Our Marketplace;
"Content" means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
"Marketplace" means Our platform for Buyers and Sellers on Our Site;
"Seller" means a User who sells on Our Marketplace;
"User" means a user of Our Site;
"User Content" means any Content added to Our Site by a User;
"We/Us/Our" means Partvend LLC, a limited company registered in Delaware, whose registered address is 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, and whose main trading address is 304 South Jones Boulevard #2335, Las Vegas, 89107, Nevada.
2.1 Our Site is owned and operated by Partvend LLC.
2.2 Partvend is a marketplace for the sale of PC parts, peripherals and electronic devices. We allow users to buy and sell these items from a wide variety of locations across the United States of America at a wide variety of prices. The actual contract for sale is directly between the seller and the buyer. Partvend is not a traditional auctioneer.
2.3 Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational. It is your decision to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Partvend has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Buyers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 You may only make purchases on Our Marketplace if you are at least 18 years of age.
Our Marketplace is provided solely as an online venue for Buyers and Sellers. We are not a party to any transactions or other relationships between Buyers and Sellers. You hereby acknowledge and agree that:
5.1 You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Seller in question, and your contract is with that Seller;
5.2 We will not be a party to any dispute between you and any Seller or another Buyer. Any claims must be made directly against the party concerned;
5.3 We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and
5.4 While all Sellers are required to comply with Our Terms for Sellers at www.partvend.com/terms-for-sellers.php, which include provisions covering important matters such as payment methods, processing times, and delivery methods, all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).
6.2 Buyers must, at all times, respect the intellectual property rights of Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party's express permission.
7.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with all local, national, or international laws and/or regulations;
7.1.2 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
7.1.4 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
7.1.5 you must always provide accurate, honest information to Sellers on Our Marketplace; and
7.1.6 you must not engage in any form of price fixing with other Users (including Sellers and Buyers).
7.2 When using Our Marketplace, you must not submit anything, or otherwise do anything that:
7.2.1 is sexually explicit;
7.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.3 promotes violence;
7.2.4 promotes or assists in any form of unlawful activity;
7.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.7 is calculated or is otherwise likely to deceive;
7.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy or otherwise uses their personal data in a way that you do not have a right to;
7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.10 implies any form of affiliation with Us where none exists;
7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Buyers. Further actions We may take include, but are not limited to:
7.3.1 removing any offending material from Our Marketplace;
7.3.2 issuing you with a written warning;
7.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
7.3.4 further legal action against you as appropriate;
7.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
7.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Buyers.
8.1 As set out above in Clause 5, all transactions on Our Marketplace are between Buyers and Sellers only. We are not a party to such transactions.
8.2 When making a purchase from a Seller, you expressly agree that:
8.2.1 You have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Seller;
8.2.2 You will pay for the item(s) purchased in full and on time, using one of the Seller's accepted payment methods via Our Payment Service, details of which are provided below in Clause 9; and
8.2.3 You have provided complete and accurate delivery details to the Seller.
9.1 All Payments on Our Marketplace are made through the Payment Service provided by PayPal, Our Third Party Payment Service Provider.
9.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
9.4 The Payment Service works with the following payment methods (please note that not all Sellers will accept all of the following):
9.4.1 Credit Cards.
9.4.2 Debit Cards.
9.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
9.6 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
10.1 All payments are processed using the Payment Service described above in Clause 9.
10.2 If you do not pay, the Seller may cancel the transaction. Please refer to Clause 15 for more information on the Seller's cancellation rights.
10.3 We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
11.1 It is the responsibility of Sellers to collect and pay takes on any sales made through Our Marketplace.
11.2 Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.
11.3 If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Marketplace.
11.4 For further information on VAT and other taxes in your location, please contact your local tax authority.
12.1 Sellers are required to ship items to you as soon as is reasonably possible upon receipt of payment, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customised to order). Unless a Listing states otherwise, or unless you have agreed otherwise with the Seller, the Seller must dispatch items no later than 2 business days after the date on which the Sale takes place.
12.2 As stated in sub-Clause 8.2.3, you must provide complete and accurate delivery details to the Seller. The Seller is responsible for ensuring that they use the delivery address exactly as you provide it to them, but if dispatched items do not reach you due to an incorrect address provided by you, it is your responsibility and not the Seller's.
12.3 Sellers are free to determine the delivery charges for their items. You will see these delivery charges at checkout and have the option to accept them or leave the item.
12.4 Different delivery methods may be offered by different Sellers. Delivery options may include personal delivery, Buyer collection, and postal or delivery service. The final choice of delivery service is the Buyer's at the checkout screen, however the Seller may not offer both local collection and shipping delivery.
12.5 Once an item has been dispatched to you, the Seller will inform you that it has been dispatched. Our Marketplace lets you track the delivery status of your order under the Delivery Status column at www.partvend.com/my-orders.php.
12.6 Sellers are responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when shipping items to you.
12.7 Partvend offers a shipping service, where we find shipping methods for Sellers from UPS and USPS. Options will be presented to the Buyer at the checkout screen. The Buyer will pay for their chosen shipping option and the seller will be sent the shipping label via email.
12.8 If Sellers choose to ship using their own delivery service, they are responsible for purchasing shipping insurance. If Sellers choose to use Partvend shipping, Sellers have the option to purchase shipping insurance with the shipping label.
13.1 Sellers may determine the return policy (specifically whether or not returns are accepted and in what timeframe after delivery of the item returns are accepted) for each listing when uploading the listing.
13.2 If the item is significantly not as described or never arrives, you may get a refund under PayPal's Buyer Protection Policy.
13.3 By law, Sellers must also accept return of defective goods. Sellers must accept return of defective goods sold by them for up to 14 days after the Buyer receives the item.
14. Problems with Transactions and Your Rights
14.1 By law, Sellers must provide goods and/or digital content that are/is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that the Seller has provided to you, and that matches any samples or models that the Seller has shown to you (unless the Seller has made you aware of any differences).
14.2 If items do not conform with the requirements outlined in sub-Clause 14.1 and, for example, have faults or are damaged when you receive them, you must contact the Seller as soon as reasonably possible to inform the Seller of the problem. The following remedies will be available to you:
14.2.1 Beginning on the day that you receive the item(s), if the item(s) is/are goods, you have a 7 calendar day right to reject them and to receive a full refund if they do not conform.
14.2.2 If you do not wish to reject the item(s), if the 7 calendar day rejection period does not apply, or if it has expired, you may request a repair or replacement. The Seller must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to you. If either a repair or a replacement is impossible or disproportionately difficult, the Seller may offer you the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 7 calendar day rejection period, that period will be suspended while the Seller carries out the repair or replacement and will resume on the day that you receive the replacement or repaired item(s). If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
14.2.3 If, after a repair or replacement, the item(s) still do not conform (or if the Seller cannot repair or replace it/them, as described above, or if the Seller has failed to act within a reasonable time or without significant inconvenience to you), you may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.
14.3 If you exercise your final right to reject the item(s) more than 7 days after receiving it/them, the Seller may reduce any refund to reflect the use that you have had out of it/them.
14.4 Please note you will not be eligible to claim under this Clause 14 in the following circumstances:
14.4.1 the Seller informs you of any fault(s), damage, or other problems with the item(s) before you purchase them and it is because of that/those same issue(s) that you subsequently wish to return them;
14.4.2 you have purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to the Seller and the problem has resulted from your use of the item(s) for that purpose; or
14.4.3 the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
14.5 Refunds (whether full or partial, including reductions in price) under this Clause 14 must be issued within 7 calendar days of the day on which the Seller receives the item returned from you, the Buyer.
14.6 Any and all refunds under this Clause 14 must include all delivery costs paid by you when the item(s) was/were originally purchased.
14.7 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
15.1 The Seller has the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
15.1.1 You and the Seller have mutually agreed to cancel the transaction before the item(s) is/are dispatched;
15.1.2 You and the Seller have mutually agreed to cancel the transaction following receipt by you of the item(s) and you have returned the item(s) to the Seller;
15.1.3 You have failed to pay;
15.1.4 The Seller has chosen to refuse service to you.
15.2 Refunds must be made within 2 calendar days of:
15.2.1 the date on which you and the Seller agree the cancellation, under sub-Clauses 15.1.1 and 15.1.2; or
15.2.2 the date on which the Seller informs you that they are cancelling the transaction, under sub-Clauses 15.1.3 and 15.1.4.
16.1 If you wish to delete your Account, you may do so at any time by emailing email@example.com. If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Site, except your past orders and purchases. All currently listed items will be deleted. Your profile will cease to be visible to other users on Our Site. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.
16.2 Any outstanding sums due and payable to any Seller(s) will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.
17.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. Furthermore, as stated in sub-Clause 5.2, We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any item(s) purchased from Sellers on Our Marketplace. Any claims pertaining to a transaction must be made directly against the Seller concerned.
17.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Buyers or as a result of Our negligence.
17.3 Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
17.4 Nothing in these Terms for Buyers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
17.5 Nothing in these Terms for Buyers seeks to limit or exclude consumers' legal rights. For more details of consumers' legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
18.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at firstname.lastname@example.org.
19.1 We may transfer (assign) Our obligations and rights under these Terms for Buyers to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms for Buyers will not be affected and Our obligations under these Terms for Buyers will be transferred to the third party who will remain bound by them.
19.2 You may not transfer (assign) your obligations and rights under these Terms for Buyers without Our express written permission.
19.3 If any of the provisions of these Terms for Buyers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Buyers. The remainder of these Terms for Buyers shall be valid and enforceable.
19.4 No failure or delay by Us in exercising any of Our rights under these Terms for Buyers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Buyers means that We will waive any subsequent breach of the same or any other provision.
19.5 We may revise these Terms for Buyers from time to time in response to changes in relevant laws and other regulatory requirements.
20.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of the State of Delaware in the United States of America.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the state of Delaware in the United States of America.