A. Online Sales
While It Lasts offers sellers the possibility to utilize our website to place for sale certain items of merchandise. This service is akin to a community message-board or classified advertisement section of a newspaper whereby we provide the hosting space for your items online via our website, and you provide the descriptions, photos, and other information regarding such items and how they may be purchased. However, we have some rules regarding what types of items may be placed for sale on our website.
First, if the items that you place for sale on our website violate the intellectual property of any other person or entity and you have not obtained a license or the authority to use that intellectual
property, then we will refuse to list those items for sale through our website. You are solely responsible for ensuring you do not violate the intellectual property rights of others and you acknowledge, accept, and agree to hold us harmless in the event any third-party notifies us of any such violation. In the event that you have already placed any of your items for sale on our website, but we subsequently discover that said items violate the intellectual property rights of any other person or entity, then we will immediately remove your items from our website and cancel any pending transactions regarding your items. Please note such removal and cancellation does not alleviate your responsibility to pay While It Lasts any fees you incur by utilizing our website.
Second, we strive to provide visitors and users of our website with ease of accessibility and use, security, and trust, which enables our visitors and users to review items of merchandise and make an informed decision before entering a transaction through our website. To ensure and maintain this confidence in decision-making, we ask that you honestly and accurately represent both yourself and the items of merchandise that you place for sale through our website. All items placed for sale through our website, including the descriptions and photographs of those items, must be submitted to and approved by While It Lasts before your posting may actually be seen on our website. In the event we believe there is a discrepancy or inaccuracy between the actual item and your representation of the item, then we will temporarily prevent you from placing the item on our website until we have had the chance to contact you and discuss same. Once any discrepancies or inaccuracies have been corrected, we will then either allow you to place the item for sale on our website or refuse to place the item for sale on our website. In other words, we all think our own stuff is great, but an honest representation of an item will always net you a fair price and a repeat customer, and we want you, as well as our users and visitors, to have the best experience with our website possible.
Third, as a seller utilizing our services and website, you explicitly acknowledge, accept, and agree that you shall pay While It Lasts ten percent (10%) of the final sale price of any item of you place for sale through our website, exclusive of all associated or other costs, for which you are also responsible. Please note that although we while we may be able to answer some general questions about the buying and selling process, no payments shall be processed by While It Lasts for simple Online Sales. Therefore, it is your sole responsibility as the Seller to clearly state what payment methods you will allow your potential buyers to utilize and clearly explain how your potential buyers are to use those payment methods. It is also your sole responsibility to take whatever action is necessary to set up your payment methods and process your own transactions. As a Seller utilizing simple Online Sales through While It Lasts’ website, you expressly agree to hold While It Lasts harmless from all claims, disputes, or other matters which arise from the payment methods you choose to include in your posting(s). You further expressly agree that you, as Seller, are solely responsible for all tax implications on all items sold on your behalf.
Finally, we expect you to utilize our website, transact business, and generally present yourself in a courteous, professional manner. This means that you are prohibited from interfering with any business carried on by While It Lasts or by any other seller, person, or entity utilizing our website; from harassing any visitor, user, or other seller utilizing our website; and from using your status as a seller to negatively impact any service we may provide through our website. These restrictions include delivering unsolicited advertisements or spam mail to visitors, users, or other sellers utilizing our website.
It's possible that you may have customers from countries other than the United States of America attempting to enter transactions for items of merchandise you may have placed for sale on our website. It is your sole decision whether to process such transactions, and your sole responsibility to become familiar with the laws of foreign jurisdictions with regard to the rights of foreign customers. You agree that you will immediately inform While It Lasts of any cancelled orders or refunds, which are your sole responsibility, but for which While It Lasts may offer its assistance.
While It Lasts also offers the ability for sellers to place certain items of merchandise for sale through Online Auctions. Auctions are a process whereby several potential buyers may all place bids on what they would pay for the item being placed for sale via the auction process. The bids placed by the potential buyers work against one another as only the highest remaining bid secures the item’s purchase. Online auctions entail this same process, but with potential buyers located remotely and bids placed online via a website such as While It Lasts. Items of merchandise placed for sale through online auctions usually have a reserve price associated with the item which is set in place by the seller so that in the event the bids placed for the item do not reach the amount of the reserve price, the seller does not have to sell the item for a presumably low and/or unfair price. When you choose to offer an item of merchandise for auction using our website, you will have the option to set your own reserve price, but you acknowledge, understand, and agree that if a bid reaches or goes beyond your reserve price, then you are obligated to sell that item of merchandise to the winning bidder. Should you choose to not place a reserve price on an item of merchandise, then you acknowledge, understand, and agree that you will sell that item of merchandise to the winning bidder regardless of the amount of the winning bid. In order to ensure the smooth operation of these seller auctions, we’ve got to establish some ground rules here as well.
Second, you also agree to be solely responsible for the accuracy of your descriptions of the items you have placed for auction, as well as any representations of quality or characteristics of your items. Although While It Lasts must approve your postings, including any descriptions and photographs of items place for auction, While It Lasts does not, will not, and cannot guarantee the accuracy of your content or any representations of quality regarding same. This means that you should be completely honest in your descriptions regarding the quality and characteristics of any item you place for sell via auction in order to ensure that you receive the maximum number of bids possible for your item. While it Lasts does not interfere with the bidding process and will not answer questions posed by potential buyers regarding your items of merchandise. You remain solely responsible to field any questions posed by potential buyers and we highly suggest you maintain timely communication with potential buyers so as to further ensure that you receive the maximum number of bids possible for your item. Should While It Lasts discover that your descriptions are inaccurate, dishonesty, or otherwise misleading, While It Lasts has the ability, in its sole discretion, to remove your item from our website as well as any other item, regardless of the method for sale for which that item is being offered, from our website. By placing your items
of merchandise for auction through our website, you expressly agreed to the reasonableness of this provision.
Third, should you choose to auction your item, that item will remain in your possession until it is successfully sold to a winning bidder. Once the sale has been established, it is your sole responsibility to procure proper shipping information regarding your item of merchandise and relay such information to the winner bidder. Whether you cover the costs of shipping the item or you pass those costs onto the winner bidder is a point of negotiation between you and the winning bidder, and you expressly acknowledge and agree that While It Lasts has no responsibility or liability regarding the shipping of your items or the costs associated with said shipping. We highly suggest that you include a statement in your description of your items that indicates whether you will or will not cover the shipping costs associated with any item of merchandise you place for auction.
Fourth, as a seller utilizing our services and website, you explicitly acknowledge, accept, and agree to pay While It Lasts twenty percent (20%) of the final sales price of any item purchased through auction, exclusive of all shipping costs, for which you are also responsible. Please note that although while we may be able to answer some general questions about the buying and selling process, no payments shall be processed by While It Lasts for simple Online Auctions. Therefore, it is your sole responsibility as the Seller to clearly state what payment methods you will allow your potential buyers to utilize and clearly explain how your potential buyers are to use those payment methods. It is also your sole responsibility to take whatever action is necessary to set up your payment methods and process your own transactions. As a Seller utilizing Online Auctions through While It Lasts’ website, you expressly agree to hold While It Lasts harmless from all claims, disputes, or other matters which arise from the payment methods you choose to include in your posting(s). You further expressly agree that you, as Seller, are solely responsible for all tax implications on all items sold on your behalf. All delivery and shipping of your items must be negotiated between you and any potential buyer. Traditionally, shipping is paid for by the buyer of a given transaction. While It Lasts may be able to offer you one of our discount delivery services, but we cannot guarantee the provision of our discount delivery services and it is your responsible to contact us regarding same.
Finally, While It Lasts requires that in all instances where either (1) you have not set a reserve price on your item(s) or (2) you have set a reserve price on your item(s) and that reserve price has been met, that all sales are final and no refunds shall be given. We strongly suggest that you include a statement stating that all auction sales are final within your item postings, and you expressly acknowledge, understand, and agree that While It Lasts is in no way responsible or liable for any requested returns and/or refunds, for any claims made by any party to any transaction where a return or refund has been requested, or for any costs associated with same.
While It Lasts offers sellers the possibility to utilize While It Lasts “Concierge Service,” in order to have While It Lasts place for sale certain merchandise on behalf of said sellers. While It Lasts’ Concierge Service consists of a Seller contacting and requesting While It Lasts to physically inspect, research, photograph, and describe a Seller’s item of merchandise in order to create an
online posting on behalf of the Seller. Because this special service requires a physical inspection, While It Lasts’ Concierge Service is available only locally, but may be made available beyond our local area in special circumstances and for a negotiated rate. Please contact us for further details. As you may have guessed, we have some rules regarding how our Concierge Service may be utilized.
First, if the items that you ask us to place for sale on our website violate the intellectual property of any other person or entity and you have not obtained a license or the authority to use that intellectual property, then we will refuse to list those items for sale through our website. You are solely responsible for ensuring you do not violate the intellectual property rights of others and you acknowledge, accept, and agree to hold us harmless in the event any third-party notifies us of any such violation. In the event that we have already placed any of your items for sale on our website at your request, but subsequently discover that said items violate the intellectual property rights of any other person or entity, then we will immediately remove your items from our website, cancel any pending transactions regarding your items, and return those items to you and your expense. Please note such removal, cancellation, and return does not alleviate your responsibility to pay us for our services.
Third, as a Seller utilizing our Concierge Service, you explicitly acknowledge, accept, and agree to pay While It Lasts twenty-five percent (25%) of the final sale price of every sale transaction made on your item(s). In the event that While It Lasts is unable to provide delivery services for your purchased items(s), the you shall be solely responsible for all shipping costs associated with shipping or delivering your item(s) and these costs shall be exclusive of the twenty-five percent (25%) owed to While It Lasts. Further, only through the Concierge Service shall While It Lasts process sale transactions on behalf of a Seller, and While It Lasts shall choose, in its sole discretion, which payment methods shall be acceptable for any sale made using our Concierge Service. In the event that a given payment method chosen by While It Lasts to process a sale transaction on your behalf incurs any fees or costs, you are solely responsible for paying those fees or costs. Please note that although we may assist in processing your transactions, you are solely responsible for all tax implications on all items sold on your behalf.
Fourth, by consigning your items of merchandise with While It Lasts, you are granting us the exclusive right to sell your items on your behalf, and you will not attempt to sell the item through any other method or means.
It's possible that you may have customers from countries other than the United States of America attempting to enter transactions for items of merchandise you may have requested While It Lasts to place for sale on your behalf. It is your sole decision whether you desire to enter into such transactions, and your sole responsibility to become familiar with the laws of foreign jurisdictions with regard to the rights of foreign customers. In the event that you do desire to enter into such a transaction, you must inform While It Lasts of the arrangements you have made, which are your sole responsibility to make, regarding shipping and delivering your item(s) to foreign buyers.
Visitors, Users, and Buyers
You’ve probably already recognized that While It Lasts is a community website that provides several methods for sellers to use our website to place for sale items of merchandise and visitors, users, and buyers, like yourself, to utilize our website to transact for purchase those items of merchandise. Thus, it is important that you fully understand that you are not transacting directly with While It Lasts, but from the various sellers that utilize our website. While It Lasts cannot and does not endorse or guarantee any items of merchandise placed with us by sellers utilizing our website, and cannot and does not enforce universal procedures for regarding the details of transactions involving such merchandise (i.e., shipping or payment methods, seller procedures, etc.).
We want you to enjoy visiting and using our website, just as we want every visitor, user, and seller to enjoy utilizing our website. To aid in the mutual satisfaction and success of your visit, you acknowledge, accept, and agree that you will not interfere with any business carried on by While It Lasts or any seller utilizing our website; harass any visitor, user, or seller utilizing our website; or attempt to negatively impact any service provided through our website. These restrictions include delivering unsolicited advertisements or spam mail to visitor, users, or sellers utilizing our website.
Remember that because we do not guarantee the merchandise placed for sale through our website by the sellers utilizing our website, it is your sole responsibility to thoroughly review items of merchandise and read all merchandise descriptions. By utilizing our website, you acknowledge and accept such risks. Basically, use the same common sense you always do when making purchases in person and you should be fine.
Return, Refunds, and Chargebacks
As you are now aware, While It Lasts offers two (2) ways to purchase items through our website: auctions and direct purchases. All auction purchases are final and may not be refunded. Direct purchases may be refunded, and the item purchased returned, pursuant to the following terms:
To request a refund, a buyer must contact both the seller and While It Lasts within forty-eight (48) hours of the buyer’s receipt of the item(s). The buyer will then have a fifteen (15) days from the date of the refund request to return the purchased item to either the seller or to While It Lasts. Once While It Lasts receives the item, or the seller notifies While It Lasts that the seller as received the item, While It Lasts will then initiate a refund. Please note that partial refunds are not available at this time. If the purchased item(s) are to be picked up locally or delivered locally, then the buyer must reject the item(s) at the time of said pick-up or delivery in order to initiate a refund. If the buyer is picking up the item(s) from While It Lasts’ secure drop-off location, the item(s) must be rejected at the time of pick-up in order for the buyer to initiate a refund. In the event a buyer does pick-up an item without rejecting the item at the time of pick-up, then no refund of that item will be offered.
Regarding chargebacks, if a buyer initiates a chargeback after purchasing an item, While It Lasts’ master merchant account is immediately debited for the price of the item. The buyer must contact the seller of the item and inform the seller of the initiated chargeback. All sellers are required to register a valid payment method with While It Lasts in order for While It Lasts to manually debit a seller in order for While It Lasts to recoup any funds associated with the chargeback, including fees of any kind.
A seller is not immediately credited when a direct purchase is completed. Rather, the funds received from the buyer are held in escrow for thirty (30) days. If no refund is initiated, granted, or processed regarding the purchase, While It Lasts shall automatically release the funds to the seller at the end of the thirty (30) day escrow period.
General Terms for All Visitors, Users, Buyers, and Sellers
In order to utilize our website, you must have reached the age of consent, or eighteen (18) years of age. The only way for you to utilize our website if you have not yet reached eighteen (18) years of age would be under the direct supervision of a parent or legal guardian. If this situation applies to you, then you must let us know before utilizing our website.
We value our visitors, users, and sellers and pride ourselves on transparency regarding the services offered through our website. However, to ensure that we maintain this transparency, let’s keep it simple: you be honest with us and we’ll be honest with you. This means that you agree to provide
accurate information when we request it and not to provide false information or take any action that would constitute fraud or impersonation of another individual or entity.
You are solely responsible for any action or omission taken or performed in connection with your username and account with While It Lasts. Thus, although you may do so while using the utmost care, we discourage sharing account information, including, but not limited to, usernames and passwords. We highly suggest that you take great care to protect your account information so that no one is able to access your account without your permission. Remember that any individual or entity for whom we have billing information in association with any account will be responsible for any fees incurred by use of that account. Again, as long as you’re using the same common sense you always do when making purchases in person, you should be just fine.
Remember that we are a community website and as such if a dispute develops between you and one or more of our other users, visitors, buyers, or sellers as a result of the utilization of our website by any involved party, you acknowledge, accept, and agree to release While It Lasts from any claims, demands, and damages of any kind or nature, whether known or unknown, whether suspected or unsuspected, whether disclosed or undisclosed, and/or arising or in any way connected to said dispute.
Also, please remember that while we do ask our users for certain and varying levels of personal information, we cannot predict or control what other users of our website may make available through utilization of our website. While we will make every effort and take every action necessary to make your visit to our website a positive one, it is possible that the information made available through our website by other users of our website may be offensive, harmful, inaccurate, or deceptive. We simply ask that you use common sense when utilizing our website and practice safe, smart decision making when entering into transactions made available through our website. As this is the internet and we are in the twenty-first century, it is possible that when entering into a transaction you risk transacting with people acting under false pretenses, people that are underage, or people that are foreign nationals. By utilizing and/or signing-up through our website, you acknowledge, accept, and agree to such risks and you acknowledge, accept, and agree that While It Lasts shall in no way be responsible for any actions or omissions taken by others utilizing our website. Please understand that while we take every precaution we can to ensure these situations do not occur, we simply do not have the ability to guarantee that they won’t.
We continuously strive to ensure that we do not infringe upon the intellectual property of others, whether it be trademark, copyright, trade secret, or patent, and we want your help in making ensure that the rights of everyone utilizing our website does the same. Thus, we ask that if you see any items you believe to be infringing upon the intellectual property of any other user, visitor, buyer,
seller, or any third-party, you let us know immediately. We will investigate the situation after receiving such a report, but While It Lasts expressly disclaims any liability for such investigation. Rest assured that your reports to us will be held in strict confidence.
While It Lasts uses Braintree, a division of PayPal, Inc., (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contract Braintree at 877.434.2894.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, AND SUPPLIERS PROVIDE OUR WEBSITE AND THE SERVICES OFFERED THROUGH UTILIZATION OF OUR WEBSITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION EITHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, WE DISCLAIM ANY AND ALL WARRANTIES POTENTIALLY APPLICABLE TO OUR WEBSITE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
By utilizing our website, you are granting While It Lasts a non-exclusive license to display, edit, use, reproduce, and distribute any images or written word you make available through the use of our website. This license shall be worldwide, royalty-free, sub-licensable, irrevocable, and perpetual. If that sounds like scary legal language, don’t worry. We do not want to steal or misappropriate your items of merchandise or hijack your account. If we did that, we’d be out of business pretty quick. What we do want to do, however, is have the ability to showcase and share your items of merchandise, stories, experiences, affiliations, etc. so as to promote both your business and experiences and ours. In this way, we want to help you because that helps us both.
Please note that there are certain items that we, in our sole discretion, may refuse to sale on your behalf, and these items include, but are not limited to, mattresses, sofa beds, convertible sofas, recliners, any items oversized in nature which require special shipping and handling beyond the capabilities and services of While It Lasts, and no products of animals or endangered species (e.g. ivory tusks).
Also by utilizing our website, While It Lasts grants to you a non-exclusive, revocable, and non-transferable license to use the services offered through our website. As a condition of this license, you agree not to use the services provided through our website to perform and illegitimate or illegal actions, including, but not limited to, misappropriating our original content, breaking any law of any domestic or foreign jurisdiction, or avoid any fees or taxes incurred as a result of entering into any transaction or otherwise using the services offered through our website.
Finally, while we want you to be a visitor, user, or seller of While It Lasts for the foreseeable future, you may cancel your account with us at any time. In the unfortunate event that you do