Background

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.partvend.com ("Our Site"). Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to sales or purchases made on Our Site. Please refer to Our Terms for Sellers or Terms for Buyers for more information.

Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
"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.

Information about us

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.

Access to and Use of Our Site

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 of Use, Our Terms for Buyers, and Our Terms for Sellers, 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.

3.4 Use of Our Site is also subject to Our Terms for Sellers and Our Terms for Buyers. Please ensure that you have read them carefully and that you understand them.

Age Restrictions

4.1 You may only sell on Our Marketplace if you are at least 18 years of age.

Our Marketplace

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 Buyers are not making purchases from Us and are not entering into a contract with Us. A Buyer's purchase is from you, and their contract is with you;

5.2 We will not be a party to any dispute between you and any Buyer or another Seller. Any claims must be made directly against the party concerned;

5.3 We do not pre-screen Sellers or any items that you 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 you are required to comply with these Terms for Sellers, which include provisions covering important matters such as payment methods, processing times, and delivery methods, We recognise that 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).

What Can and Cannot be Sold on Our Marketplace

6.1 The following are permitted on Our Marketplace:

6.1.1 Personal Computer Hardware including Graphics Cards, Central Processing Units, Random Access Memory, Motherboards, Hard Disk Drives, Solid State Drives, Coolers, Power Supply Units and Cases.

6.1.2 Personal Computer Peripherals including Mice, Monitors, Keyboards and Keycaps.

6.1.3 Audio Equipment including Headphones, Digital-To-Analog converters, Amplifiers and Speakers.

6.1.4 Electronic Devices including Phones, Laptops, Pre-Built PCs, Consoles, Tablets and Wearable.

6.2 The following are not permitted on Our Marketplace:

6.2.1 Any items not relating to Personal Computers Hardware, Personal Computer Peripherals, Audio Equipment and Electronic Devices.

6.2.2 Any items which are illegal or breach any laws or regulations in the United States of America.

6.3 We reserve the right to remove any Listing that breaches the provisions of this Clause 6. In addition, We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.

Descriptions Policy

When selling on Our Marketplace, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:

7.1 if an item is not new, it must not be described as such;

7.2 if an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;

7.3 if an item is not original (i.e. it has been purchased from, or otherwise supplied by, another party), it must not be described as such;

7.4 you may only describe something as being made or done by you if that is truly the case. If any other party is involved, your Listing must state and describe their involvement;

7.5 subject to sub-Clause 7.6, photographs must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;

7.6 if you are selling multiples of the same item (including, but not limited to, items made to order, customised versions of an item, or variations resulting in a similar but not identical product), you must create a separate listing for each item;

7.7 your listing must include delivery costs;

7.8 if you are offering items made or customised to order, provide full details of the options available to Buyers;

7.9 if you are offering items made or customised to order and the price for those items will vary according to a Buyer's requirements, include full details of pricing including, if possible, set prices for different versions of an item or, if this is not possible, a statement that pricing will vary according to the Buyer's requirements;

7.10 if you are offering items made or customised to order, you must provide reasonable estimates for the time required to make or customise such orders and use all reasonable efforts to ensure that you keep to such times;

7.11 you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 8 for more information on intellectual property rights);

7.12 your Listing must not advertise alternate locations from which your items can be purchased, thereby avoiding Our Transaction Fees.

Intellectual Property Rights

8.1 The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our.

8.2 Sellers must, at all times, respect the intellectual property rights of other Sellers on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party's express permission.

8.3 If you feel that another User (whether they are another Seller or a Buyer or otherwise) has infringed your intellectual property rights in any way, please contact Us at support@partvend.com.

8.4 If another party contacts Us accusing you of infringing their intellectual property rights:

8.4.1 We will contact you to inform you of the complaint;

8.4.2 We may remove the User Content that is the subject of the complaint;

8.4.3 if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and

8.4.4 you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.

Seller Rules and Acceptable Usage Policy

9.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 9. Specifically:

9.1.1 you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) you wish to sell);

9.1.2 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;

9.1.3 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;

9.1.4 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;

9.1.5 you must always provide accurate, honest information about yourself and any and all items that you are selling on Our Marketplace;

9.1.6 you must not charge excessively for delivery to Buyers;

9.1.7 you must state the price of an item accurately and clearly, and must not change it in order to avoid paying the applicable Transaction Fee; and

9.1.8 you must not engage in any form of price fixing with other Users (including Sellers and Buyers).

9.2 When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:

9.2.1 is sexually explicit;

9.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;

9.2.3 promotes violence;

9.2.4 promotes or assists in any form of unlawful activity;

9.2.5 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;

9.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

9.2.7 is calculated or is otherwise likely to deceive;

9.2.8 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;

9.2.9 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 9.2);

9.2.10 implies any form of affiliation with Us where none exists;

9.2.11 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

9.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms for Sellers. Further actions We may take include, but are not limited to:

9.3.1 removing your Listing(s) from Our Marketplace;

9.3.2 issuing you with a written warning;

9.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

9.3.4 further legal action against you as appropriate;

9.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

9.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.

9.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Sellers.

Listing Fees and Transaction Fees

10.1 A Transaction Fee of 6% of the price of each item sold will apply to each sale. Transaction Fees are calculated based on the total price of the sale, including the delivery charges.

10.2 Any and all actions designed to avoid the payment of any fees described in these Terms for Sellers (including, but not limited to those described in sub-Clauses 7.12 and 9.1.7) are strictly prohibited.

Payment Service

11.1 All Payments on Our Marketplace are made through the Payment Service provided by PayPal, Our Third Party Payment Service Provider.

11.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You are required to read and accept those terms and conditions and privacy policy before taking payments from Buyers on Our Marketplace.

11.3 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.

11.4 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.

11.5 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.

Payments from Buyers

will be

12.1 All payments are processed using the Payment Service described above in Clause 11.

12.2 You may choose to allow Buyers to pay you using some or all of the payment methods listed above in sub-Clause 11.4.

12.3 When a Buyer pays for an item, their payment will be credited to your Payment Service Account within 7 days after they receive delivery of your item.

12.4 We will not make any Buyers' payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

Taxes

13.1 It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.

13.2 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.

13.3 Value added tax ("VAT") may be charged to Buyers on purchases and to Sellers on fees payable to Us.

13.4 If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Marketplace.

13.5 For further information on VAT and other taxes in your location, please contact your local tax authority.

Delivery

14.1 You must dispatch items as soon as is reasonably possible upon email notification of an order from a Buyer under Clause 12, 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 your Listing has stated otherwise, or unless the Buyer has agreed otherwise, you must dispatch items no later than 2 business days after the date on which the sale takes place.

14.2 You must ensure that you dispatch items to the correct address provided by the Buyer. It is your responsibility to ensure that the address that you use exactly matches that provided by the Buyer. If items dispatched do not reach the Buyer due to an incorrect address provided by the Buyer, it is the Buyer's responsibility and not yours.

14.3 You are free to determine the delivery charges for your items unless you choose to use Partvend shipping; however, delivery charges must be reasonable, not excessive, and must genuinely reflect the actual cost to you of delivering the item in question to the Buyer.

14.4 You must provide an accurate ships-from address when uploading your product listing.

14.5 You are responsible for delivering items to Buyers upon their order. You may deliver items personally if the buyer has chosen the local delivery option; Othewise, you must ship the item to the buyer using a postal or delivery service.

14.6 It is strongly recommended that you obtain proof of postage or dispatch when dispatching items. Such proof will be important in the event that a Buyer does not receive the item(s) from you.

14.7 Once an item has been dispatched to a Buyer, you must update the item's shipping status at unless you choose to use Partvend Shipping. [Our Marketplace enables you to do this by accessing the page www.partvend.com/my-sales.php and choosing to update the shipping status under the Actions header. You must not describe an item as dispatched until it actually has been.

14.8 You must comply with any and all applicable shipping and customs regulations when delivering items to Buyers. It is your responsibility to check, be aware of, understand, and comply with all such regulations.

14.9 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.

14.10 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.

Buyers' Rights to Cancel and Return Items

15.1 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.

15.1 If the item never arrives or is significantly not as described, the Buyer is entitled to a refund under PayPal's Buyer Protection Policy.

15.2 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.

15.3 If you (as Seller) choose to reimburse a Buyer, or are required to reimburse a Buyer or Partvend, you authorize Partvend to reverse any transfer of money to you, the Seller, up to the amount of the refund to the Buyer.

Problems with Transactions and Buyers' Rights

16.1 By law, you 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 you provide to the Buyer, and that matches any samples or models that you have shown to the Buyer (unless you have made the Buyer aware of any differences).

16.2 If items do not conform with the requirements outlined in sub-Clause 17.1 and, for example, have faults or are damaged when the Buyer receives them, the Buyer must contact you as soon as reasonably possible to inform you of the problem. The following remedies will be available to the Buyer:

16.2.1 Beginning on the day that the Buyer receives the item(s), if the item(s) is/are goods, the Buyer has a 7 calendar day right to reject them and to receive a full refund if they do not conform.

16.2.2 If the Buyer does not wish to reject the item(s), if the 7 calendar day rejection period does not apply, or if it has expired, the Buyer may request a repair or replacement. You must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to the Buyer. If either a repair or a replacement is impossible or disproportionately difficult, you may offer the Buyer the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If the Buyer requests a repair or replacement during the 7 calendar day rejection period, that period will be suspended while you carry out the repair or replacement and will resume on the day that the Buyer receives 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.

16.2.3 If, after a repair or replacement, the item(s) still do not conform (or if you cannot repair or replace it/them, as described above, or if you have failed to act within a reasonable time or without significant inconvenience to the Buyer), the Buyer may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.

16.3 If the Buyer exercises the final right to reject the item(s) more than six months after receiving it/them, you may reduce any refund to reflect the use that the Buyer has had out of it/them.

16.4 Please note that Buyers will not be eligible to claim under this Clause 17 in the following circumstances:

16.4.1 you inform the Buyer of any fault(s), damage, or other problems with the item(s) before the Buyer purchases them and it is because of that/those same issue(s) that the Buyer subsequently wishes to return them;

16.4.2 the Buyer has purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to you and the problem has resulted from the Buyer's use of the item(s) for that purpose; or

16.4.3 the problem is the result of normal wear and tear, misuse, or intentional or careless damage.

16.5 Refunds (whether full or partial, including reductions in price) under this Clause 17 must be issued within 7 calendar days of the day on which you receive the item back from the Buyer.

16.6 Any and all refunds under this Clause 17 must include all delivery costs paid by the Buyer when the item(s) was/were originally purchased.

16.7 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

Further Transaction Cancellation Rights

17.1 You have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:

17.1.1 You and the Buyer have mutually agreed to cancel the transaction before the item(s) is/are dispatched;

17.1.2 You and the Buyer have mutually agreed to cancel the transaction following receipt by the Buyer of the item(s) and the Buyer has returned the item(s) to you;

17.1.3 The Buyer has not paid; or

17.1.4 You have chosen to refuse service to the Buyer.

17.2 Refunds must be made within 2 calendar days of:

17.2.1 the date on which you and the Buyer agree the cancellation, under sub-Clauses 17.1.1 and 17.1.2; or

17.2.2 the date on which you inform the Buyer that you are cancelling the transaction, under sub-Clauses 17.1.3 and 17.1.4.

Your Account Cancellation Rights

18.1 If you wish to delete your Account, you may do so at any time by emailing deleteaccount@partvend.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.

18.2 Any outstanding sums due and payable to Us (including, but not limited to, Listing Fees and Transaction Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.

18.3 If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:

18.3.1 We have breached these Terms for Sellers in a material way and fail to remedy the breach within 30 calendar days of you asking Us to do so in writing; or

18.3.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or

18.3.3 We change our service or these Terms for Sellers to your material disadvantage; or

18.3.4 We are adversely affected by an event outside of Our control [that continues for more than 90 calendar days (as under sub-Clause 18.2.5).

Our Liability to You

19.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers.

19.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Sellers or as a result of Our negligence.

19.3 Subject to sub-Clause 19.2, 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.

19.4 Nothing in these Terms for Sellers 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.

19.5 Nothing in these Terms for Sellers 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.

Events Outside of Our Control (Force Majeure)

20.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

20.2 If any event described under this Clause 20 occurs that is likely to adversely affect Our performance of any of Our obligations to you:

20.2.1 We will inform you as soon as is reasonably possible;

20.2.2 Our obligations under these Terms for Sellers will be suspended and any time limits that We may be bound by will be extended accordingly;

20.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary;

20.2.4 If the event outside of Our control continues for more than 90 days We may allow Sellers to cancel outstanding sales;

21. Communication and Contact Details

21.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at support@partvend.com.

Other Important Terms

22.1 We may transfer (assign) Our obligations and rights under these Terms for Sellers 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 Sellers will not be affected and Our obligations under these Terms for Sellers will be transferred to the third party who will remain bound by them.

22.2 You may not transfer (assign) your obligations and rights under these Terms for Sellers without Our express written permission.

22.3 If any of the provisions of these Terms for Sellers 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 Sellers. The remainder of these Terms for Sellers shall be valid and enforceable.

22.4 No failure or delay by Us in exercising any of Our rights under these Terms for Sellers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Sellers means that We will waive any subsequent breach of the same or any other provision.

22.5 We may revise these Terms for Sellers from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Sellers are to your material disadvantage, you may cancel as set out in sub-Clause 18.3.3.

Law and Jurisdiction

23.1 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.

23.2 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.

23.3 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.