Terms & Conditions
By using the Because I Shop Too Much.com website, a service of Sisters Marie LLC, you are agreeing to be bound by the following terms and conditions ("Terms of Use").
Basic Terms
- You must be 18 years and older to use this site or have permission from a legal guardian.
- You are responsible for any activity that occurs under your name and profile.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Because I Shop Too Much users.
- You may not use the Because I Shop Too Much site for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, websites, graphics, photos, profiles, links ("Content") that you submit, post, and display on the Because I Shop Too Much site.
- You must not modify, adapt or hack BISTM.com or modify another website so as to falsely imply that it is associated with BISTM.com
- You must not create or submit unwanted email to any Because I Shop Too Much members ("Spam").
- You must not, in the use of Because I Shop Too Much, violate any laws in your jurisdiction.
- Your account is intended for personal use, you must not share it with other sellers. (One account per person, please.)
- You agree to allow Because I Shop Too Much the right to use any and all images you upload to Because I Shop Too Much for the sole purpose of the promotion of the Because I Shop Too Much website and community.
- We have a strict 3 strikes you are out policy. We realize that things do get lost in the mail, but it is your responsibility to get tracking and resolve matter with buyer. After 3 bad deals have been reported we will delete your account.
- Because I Shop Too Much is NOT responsible for any lost, stolen, or damaged items.
- Violation of any of these agreements will result in the termination of your BISTM.com account. While Because I Shop Too Much prohibits such conduct and content on its site, you understand and agree that Because I Shop Too Much cannot be responsible for the content posted on its web site and you nonetheless may be exposed to such materials and that you use the Because I Shop Too Much service at your own risk.
Fees & Services
There will be 6% taken from each sale you make on the site. This is subject to change at anytime.
Because I Shop Too Much as a Platform
that Because I Shop Too Much is not a retailer. Although we consider ourselves an online marketplace, it is important to realize that we are not a traditional "retailer." Instead, the site acts as a platform that allows your to offer, sell, and buy just about anything within reason from their “closet”, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format.
Transactions
The owners of Because I Shop Too Much 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 advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer.
Information Control
We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Because I Shop Too Much is not responsible for the acts or omissions of users on the Site.
Buying
As a buyer, you are obligated to complete the transaction with the seller if you purchase an item on Because I Shop Too Much from any closet within seven (7) days. As a seller, you are obligated to sell and ship the item exactly as it is described.
Listing & Selling
Merchant Account: PayPal is the merchant for Because I Shop Too Much. To settle a PayPal dispute, go to the Resolution Center and post a message explaining your understanding of the situation. This is often sufficient to clear things up. If not, the buyer may escalate the dispute to "claim" status, which means PayPal will review the case and provide a final decision, usually within 20 business days.
Listing Description: You must give each item a full description and terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
Binding Sale: If you receive a “Buy Now” request, you are obligated as the seller to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Fraud: Without limiting any other remedies, Because I Shop Too Much may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Manipulation: Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
Prohibited, Questionable and Infringing Items
License: Solely to enable Because I Shop Too Much to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-license (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your profile.
Feedback
Integrity: You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of purchases and listings you may place on the Site based upon the level of your feedback.
Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Because I Shop Too Much, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Because I Shop Too Much users, you agree that you shall not market or export your Because I Shop Too Much feedback rating in any venue other than a Because I Shop Too Much operated website.
Import: We do not provide you with the technical ability to import feedback from other (non-Because I Shop Too Much operated) websites to Because I Shop Too Much because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Limitation of Liability
In no event, shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (However arising, including negligence).
Our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (A) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (B) $100.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Agency
You and Because I Shop Too Much are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
Our goal is to make sure that you are happy as a Because I Shop Too Much user. In the event a dispute arises between you and another Because I Shop Too Much user, please email info@BISTM.com and we will work with you on a solution.
Legal Disputes
If a dispute arises between you and Because I Shop Too Much, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BISM agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by emailing us at info@BISTM.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Because I Shop Too Much must be resolved exclusively by a state or federal court located in Chicago, Cook County, Illinois, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Chicago, Cook County, Illinois, California for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Because I Shop Too Much must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Because I Shop Too Much may recover attorneys' fees and costs up to $1000, provided that Because I Shop Too Much has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Disclosures
The services hereunder are offered by Sisters Marie, LLC.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Indemnity
You will indemnify and hold Because I Shop Too Much (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Because I Shop Too Much's registered agent (in the case of Because I Shop Too Much) or to the email address you provide to Because I Shop Too Much during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
These terms and conditions are subject to change with or without notice and it is your responsibility to remain apprised of the most recent version.
