SellsZY

SellsZY Terms and Privacy

  1. Terms of Service for SellsZY.com ("Terms")

    • Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the SellsZY.com website (the “Website”) operated by Excellent Stock LLC (“us”, “we”, or “our”).
    • This website provides products and order fulfillment services (“the service”).
    • Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
    • By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

  2. Age Limit

    • You affirm that you are more than 18 years of age. For children under the age of 18 year old, you agree to have or possess legal parental or guardian consent to access this website. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

  3. Purchases

    • If you wish to purchase any product or service made available through the Service (“Purchase”, “Purchases”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
    • You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
    • The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
    • We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description, image, or price of the product or service, error in your order or other reasons.
    • We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

  4. Order Cancellations

    • Once orders are placed or submitted to us, via our website, API, via telephone or any other method, they cannot be cancelled. In the event you wish to cancel an order you have already placed, you may request cancellation by contacting us. We will make every effort to cancel your order, however cancellation is not guaranteed and in most cases orders cannot be cancelled, even if the order has not already shipped.
    • Once an order has shipped, you may ask us to request an intercept from the shipping carrier. Not all carriers offer an intercept option and carriers that offer an intercept option do not offer it on all shipping methods.

  5. Returns, Refunds

    • Returns will incur a 20% restocking fee. All returns must be authorized. Authorized returns will be issued a Return Authorization (RA) or Return Merchandise Authorization (RMA) number. Failure to request Return Authorization may result in the rejection of your return. Original shipping charges are not refunded. Return shipping charges are the responsibility of the customer. Refunds will be issued as “Merchandise Credit” or “Account Credit” which can be used towards a future purchase, unless otherwise requested.
    • Refused orders will incur a 20% restocking fee plus return shipping charges. Original shipping charges are not refunded on refused orders.
    • Orders returned to us by the carrier for insufficient address, incorrect address, inability to deliver, or for any other reason will incur a 20% restocking fee plus return shipping charges. Original shipping charges are not refunded on orders returned by the carrier.

  6. Availability, Errors and Inaccuracies

    • We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
    • We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

  7. Dispute Resolution

    • We shall attempt to resolve any dispute arising out of or relating to this Terms of Service through negotiations between you and us, or with those who have authority to settle the same. If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Arbitration. The Arbitration will be conducted by the American Arbitration Association (referred to as the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail, a Notice of Dispute.

  8. Acceptance of the Terms

    • You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.

  9. User Sign up Obligations

    • You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Excellent Stock LLC has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Excellent Stock LLC may terminate your user account and refuse current or future use of any or all of the Services.

  10. Personal Information and Privacy

    • Personal information you provide to Excellent Stock LLC through the Service is governed by Excellent Stock LLC Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Excellent Stock LLC Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

  11. Communications from Excellent Stock LLC

    • The Service may include certain communications from Excellent Stock LLC, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

  12. Complaints

    • If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 7 days of receiving the complaint forwarded by us and copy Excellent Stock LLC in the communication. If you do not respond to the complainant within 7 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 7 days time limit will be construed as your consent to disclosure of your name and contact information by Excellent Stock LLC to the complainant.

  13. Restrictions on Use

    • In addition to all other Terms of Service of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Excellent Stock LLC; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.

  14. Data Ownership

    • We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Excellent Stock LLC the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Excellent Stock LLC’s commercial, marketing or any similar purpose. But you grant Excellent Stock LLC permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

  15. User Generated Content

    • You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Excellent Stock LLC will have the right to block access to or remove such content made available by you if Excellent Stock LLC receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Excellent Stock LLC for this purpose.
    • For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services.
    • If you wish to protest any blocking or removal of content by Excellent Stock LLC, you may do so in the manner provided.

  16. Sample files and Applications

    • Excellent Stock LLC may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Excellent Stock LLC makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

  17. Trademark

    • Excellent Stock LLC, the names of individual Services and their logos are trademarks of Excellent Stock LLC. You agree not to display or use, in any manner, the Excellent Stock LLC trademarks, without Excellent Stock LLC’s prior permission.

  18. Disclaimer of Warranties

    • YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. Excellent Stock LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Excellent Stock LLC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Excellent Stock LLC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  19. Limitation of Liability

    • YOU AGREE THAT Excellent Stock LLC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Excellent Stock LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL Excellent Stock LLC’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

  20. Indemnification

    • You agree to indemnify and hold harmless Excellent Stock LLC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Excellent Stock LLC.

  21. Suspension and Termination

    • We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to the company’s website within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
    • In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Service in case of unexpected technical issues or discontinuation of the Service. You have the right to terminate your user account if Excellent Stock LLC breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

  22. Contact Us

    • In case of any queries regarding these Terms of service you can contact us using:
    • Excellent Stock LLC
    • service@sellszy.com

    23. Privacy Policy