TERMS & CONDITIONS
Last Updated: Sunday, October 9th, 2022
For a printable PDF Document of this Agreement click HERE.
Welcome to PeddlerTreasure.com. These terms and conditions (the "Agreement") govern the use of www.peddlertreasure.com, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). This Site is owned and operated by Peddler Treasure, LLC. This Site is an eCommerce website that sells goods and services (collectively, "Items") through eBay, Etsy, Mercari, Zazzle, TeePublic, TeeSpring, and other third-party market websites. By using this Site or purchasing Items from our third-party online stores, you indicate that you have read and understood this Agreement and any other terms and conditions from our third-party online stores and agree to abide by them at all times. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
I. GENERAL CONDITIONS AND PROHIBITED USES
Peddler Treasure, LLC. reserves the right to refuse service to anyone for any reason at any time. The Site may only be used for lawful purposes in accordance with the terms of the license granted in this Agreement. As a condition of your use of this Site, you warrant to Peddler Treasure, LLC. that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement or those of our third-party market online stores. Whether on behalf of yourself or on behalf of any third party, you may not:
Solicit others to perform or participate in any unlawful acts.
Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
Submit false or misleading information to acquire Items.
Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality or operation of this Site or third-party websites.
Collect or track the personal information of others.
Spam, phish, pharm, pretext, spider, crawl or scrape this Site or third-party websites.
Interfere with or circumvent the security features of this Site.
We reserve the right, at any time, to terminate your use of the Site or its Content for violating any of the prohibited uses.
II. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for our information and personal use only. Except as expressly provided in this Agreement, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Peddler Treasure, Peddler Prints, Peddler Treasure logo, Peddler Prints logo, Peddler Treasure seal, Peddler Prints seal, "A treasure trove of thrift!", "A treasure trove of prints!", "A treasure trove of thrift & prints!" are Marks or registered Marks of Peddler Treasure, LLC.
II.a. Digital Millennium Copyright Act:
Peddler Treasure, LLC. never knowingly infringes on copyright property. If you believe that your work has been used or is accessible on our website that constitutes copyright infringement, you may notify us by providing the following information:
An electronic/physical signature of an authorized person to act on behalf of the owner of copyright material that is allegedly infringed.
A full description of the copyrighted material that you claim has been infringed upon.
Sufficient information (full mailing address, telephone number, and email) to allow us to contact you.
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Peddler Treasure, LLC. reserves the right to remove any material from our website it allegedly infringes upon.
Contact PeddlerTreasure@Gmail.com for any copyright claims.
III. SALE OF ITEMS
This Agreement, unless otherwise noted or superseded by third-party site Terms & Conditions, will govern the sale of Items available on these sites:
eBay
Etsy
Mercari
TeePublic
TeeSpring
Zazzle
This Agreement applies to all Items that are displayed on our Site at the time you access them. This includes all Items listed as being out of stock. All information, descriptions, or images that we provide about our Items are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all Items we provide. We have made efforts to accurately display the images and attributes of Items, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the actual Item colors or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
You agree to purchase Items from our third-party online stores at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. We may sell Items for children's use; however, these Items are intended for sale to adults only.
Every Item listed on our online stores carries individual listing terms and conditions that include information on shipping policies/restrictions and costs, whether paid by buyer or seller, as well as return, refund, exchange, and cancellation policies if applicable. It is the buyer's sole responsibility to thoroughly read and understand each individual listing for the Items they are purchasing.
We reserve the right to differentiate pricing, shipping costs, or terms and conditions for similar or same Item listings between our online stores, and those prices, shipping costs, or terms and conditions of every listing shall control individually. We reserve the right to change or adjust prices, limit quantities, or availability without prior notice to you.
IV. THIRD-PARTY SITES
Peddler Treasure, LLC. uses third-party market services for its online stores. We cannot guarantee the quality or accuracy of these services made available by third parties through our Site and we are not responsible nor liable for any outages, inaccuracies, harm, or damages deriving from these third-party sites. We are not responsible for the content, policies, or practices of any third-party website or service linked to or on our Site. It is your responsibility to read the terms and conditions or practices of any third-party website or service linked to or on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
References on this Site to any names, marks, Items, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third-party or its information, Items, or services. Peddler Treasure, LLC. is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which Peddler Treasure, LLC. operates or otherwise interacts with, nor is Peddler Treasure, LLC. responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party market site or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policy).
V. PAYMENTS & COMMUNICATIONS
V.a. Payments
All purchases and payments are made through and processed by third-party online market stores with their payment processors and their own terms and conditions will override parts of this Agreement when inconsistencies arrive, are unenforceable, or applicable by law. Each third-party online store may accept different forms of payment not available on the others. Peddler Treasure, LLC. does not accept or process payments of any kind outside of our online stores. Full payment must be received and cleared within 96 hours (4 days). We do not ship Items until all payment is received and cleared. If payment is not received within 96 hours (4 days) of a purchase commitment, a nonpayment case will be opened, and the Item will be relisted. We reserve the right to reject or cancel your order whenever it becomes necessary.
V.b. Communications
To protect all parties and to comply with online store policies, all communications regarding purchases of any of our Items will be conducted via the communication platforms of our third-party online market stores.
VI. SHIPPING AND DELIVERY
When you purchase Items through our third-party online stores, the Items will be delivered through one of the following methods, unless otherwise noted on individual listings:
USPS First-Class Mail (Mail in 1-5 Business Days).
USPS Priority Mail (Mail in 1-3 Business Days).
USPS Regional Mail (Mail in 2-5 Business Days).
USPS Retail Ground (Mail in 2-9 Business Days).
USPS Padded Flat Envelope (Mail in 3-5 Business Days).
USPS Media Mail (Mail in 2-8 Business Days).
Allow 1-2 business days for handling (not including weekends and holidays). Delivery will take place as soon as reasonably possible, depending on the delivery method selected or provided and all times listed are approximations for your convenience purposes only. We do not ship Items until all payments are received and cleared. Delivery times may vary due to unforeseen circumstances and Peddler Treasure, LLC. will not be held liable for any such delays. Please note that delivery times do not include weekends and statutory holidays. You will be required to pay delivery charges in addition to the price for the Items you purchase unless otherwise stated on each individual Item listing. If you purchase Items from us for delivery to a destination outside the United States, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your Items to the wrong address or wrong person because of you providing us with inaccurate or incomplete information.
VII. REFUNDS, RETURNS, EXCHANGES, & CANCELLATIONS
Not all Items are eligible for refunds, returns, exchanges or cancellations, it is the buyer's sole responsibility to thoroughly read and understand each individual listing for the Items they are purchasing. When applicable, refund, return, or exchange requests must be made within 14 after receipt of your Item and returned within 30 days after receipt of your Item (depending on the listing). When applicable, we accept refund, return, or exchange requests for Items sold on our third-party online stores for any of the following reasons:
Item is broken or dead-on-arrival (DOA - because of shipping).
Item does not match the description.
Item is the wrong item or size (Seller's fault).
Refunds, Returns, or exchanges do not apply to the following Items:
Custom Print Items.
Cancellations are governed by each third-party online market site, typically one hour (2-hour) after purchase on our eBay thrift store and one-hour (2-hour) after purchase on our Etsy print store.
If a replacement Item is not available, we will refund the full purchase price minus all shipping costs. Some Items may carry a "Sold As-Is. All Sales Final. No Refunds/Exchanges/Returns Accepted." and are not eligible for any refunds/exchanges/returns under any circumstances.
VIII. SENDING RETURNS
To receive a refund or exchange, you must return the Item in the same exact condition as it was listed and pictured for any refund/exchange to be granted. Returns can be made by mail only, please include the Item SKU number inside the package. Buyer pays all return shipping fees unless otherwise noted on the listing. There are no restocking or handling fees unless otherwise noted on the listing. All eligible returns should be shipped to:
Peddler Treasure, LLC.
335 George St
Ste 4 PMB 1037
New Brunswick, NJ 08901-4080
The buyer is responsible for contacting Peddler Treasure, LLC. through the specific online store communication platform to submit any returns before shipping any Items. Upon receipt of your email, we will respond promptly with all return details and instructions including required RMA confirmation numbers. Unsolicited returns may not be eligible for refunds/exchanges and subject to restocking and handling fees regardless of the listing guidelines.
IX. GUARANTEES AND WARRANTIES
Peddler Treasure, LLC. makes no guarantees or warranties on any of its Items, unless otherwise noted on each individual listing. It is the buyer's sole responsibility to thoroughly read and understand each individual listing for the Items they are purchasing. If an Item listing states a guarantee or warranty, its terms and conditions will be subject to the listing details provided and any omissions in that listing will be governed by this Agreement.
X. CONSUMER PROTECTION LAW
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, this Agreement will not limit your legal rights and remedies under that legislation. This Agreement will be read subject to the mandatory provisions of that legislation. If there is a conflict between this Agreement and that legislation, the mandatory provisions of the legislation will apply.
XI. DISPUTE RESOLUTION
Except as this Agreement otherwise provides, you and Peddler Treasure, LLC. acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
Subject to any exceptions specified in this Agreement, if you and Peddler Treasure, LLC. are unable to resolve any dispute through informal discussion, then you and Peddler Treasure, LLC. agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and Peddler Treasure, LLC. The costs of any arbitration will be paid by you.
XII. AMENDMENTS
Peddler Treasure, LLC., in its sole discretion, reserves the right to make any future amendments to all parts of this Agreement without prior notification in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site and you agree to be bound by such future amendments. While we will post notifications on this Site of any amendments to this Agreement, you should periodically review the most up-to-date versions at http://www.peddlertreasure.com/terms. If you do not accept and abide by these future amendments, you have the right to cancel future sales/services in accordance with this Agreement and without seeking any legal or monetary compensation for prior sales/services rendered. For any inconsistencies or errors between any form of publication, including but not limited to, word of mouth and this Agreement concerning any comments, suggestions, proposals, ideas, statements, or otherwise; this Agreement shall control.
XII.a. Violations of this Agreement
We reserve the right to use all remedies available to us for any violation of this Agreement, including but not limited to the right to block access to the Peddler Treasure website from a given internet address. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
XIII. INDEMNITY AND LIMITATION OF LIABILITY
Except where prohibited by law, by using this Site you indemnify and hold harmless Peddler Treasure, LLC., its directors, officers, investors, agents, employees, subsidiaries, or affiliates from any and all actions, claims, losses, damages, liabilities, or expenses including legal fees arising out of your use of our Site or sales/services; including, but not limited to, any violation by you of this Agreement or in connection with information you provide to us directly or through third-party sites including our online stores.
XIV. SEVERABILITY
If at any time any of the provisions set forth in this Agreement are found to be inconsistent, unlawful/invalid under applicable laws, void, or for any reason is unenforceable, then those provision(s) shall be deemed void and severed from this Agreement and this severance will not affect the validity or enforceability of any of the remaining provisions and the rest of this Agreement will still be considered valid.
XV. APPLICABLE LAW
This Agreement is governed by the laws of the State of New Jersey.
Please contact us if you have any questions or concerns. Our contact details are as follows:
Mailing Address: Peddler Treasure, LLC.
335 George St
Ste 4 PMB 1037
New Brunswick, NJ 08901-4080
Email: PeddlerTreasure@Gmail.com
Phone Number: (908) 444-0987 (calls & text messages)
Fax Number: (732) 354-4286 (Include #1037 in message)
You can also contact us through the Contact Form available on our Site.
For a printable PDF Document of this Agreement click HERE.