This Seller terms and conditions (the “Terms”) govern your access and use of the Marketplace Service that we provide to you. You acknowledge and agree that by registering for or using the Seller Portal and/or the A1Pigeons Marketplace Program, you, as a Seller, expressly agree to be bound by the following terms and conditions, as may be updated and amended by A1Pigeons from time to time at its sole discretion (“Agreement”).
By signing up for our seller program or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this agreement and all policies and additional terms posted on and in our Services as incorporated into this Agreement.
In this Agreement, A1Pigeons can be referred to individually and collectively as “we” “our” “us” “Marketplace” or “A1Pigeons”, and “you” means the seller participating in the seller Program.
Any amendments to this Agreement shall become effective and binding on the Seller as soon as the amendments have been published on the A1Pigeons Site.
- Registration, account security and account terms
Registration: To make use of the A1Pigeons Marketplace as a seller, you will be required to register. When you register, you will be required to provide certain information about yourself that is true, current, accurate and complete in all respects. If you are signing up as a Company, you must ensure that your company is valid and in good standing and that you are a duly authorized representative of the company.
Should any of your registration information that you provided to us during registration change, you are expected to notify us immediately. A1Pigeons shall not be responsible for any error in shipment, return, email or mail communication or otherwise, should you fail to notify us of any changes to your registration information.
A1Pigeons reserves the right to change required registration information from time to time and may request such additional information subsequent to your initial registration. You are required to provide any such additional information in order to have continued access to the Site.
Account Security: The account password you provide should be unique and kept secure, and you must notify A1Pigeons immediately of any breach of security or unauthorized use of your account.
Account Verification: When you register for an account and from time to time thereafter, your account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, business or financial information. You agree to provide us with such information as we may request from time to time.
- The marketplace and third-party services
A1Pigeons provides an online service that allows third-party sellers to sell items to buyers. We do not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place and as such, the actual contract of sale is directly between the buyer and the seller. We may take actions such as limiting the visibility of your account, listing or suspending your account if we determine that you are acting against the policies herein this agreement and other A1Pigeons agreements incorporated herein by reference including all the policies and terms on our website.
In providing the platform and the services to you, we may provide certain recommendations, guidance and tips such as verbal comments, draft reports, statistics, presentations, and other documents or resources including shipping, pricing, listing etc. None of such recommendations, guidance and tips offered through our website represents or warrants that any particular information is safe to implement, appropriate or effective for you or your business and you acknowledge that you will not rely on any of its contents, but will treat the information as being only of a general and informational nature.
- Item information, condition & other information
Seller will use the Seller Portal to list all the required Content, Pricing and Available Inventory for each Item. In addition, the Seller will:
- use commercially reasonable efforts to ensure the Seller Portal always has an accurate error-free available inventory count per Item listed on the Seller Portal and also ensure to update the Seller Portal with an error-free updated inventory feed for only those Items where inventory levels have changed since the last inventory feed provided for such Item;
- Provide one or more clear photographs and photograph angles that accurately represent the current state (including any defects or deficiencies), features, and other particulars of the item;
- must at all times provide all Item listing related warnings and dangers for each and every Item as applicable;
- Item must comply with all applicable laws;
- solely be responsible to follow the U.S Consumer Item Safety Commission guidelines and standards as applicable for each and every Item they (i.e., sellers) list on our website;
- Provide A1Pigeons Marketplace with all Content requested, including without limitation, the Item information as set forth in the Seller Portal.
The Seller will be held solely responsible for the accuracy of its Pricing, available Inventory and all Content for Items and will be obliged to honor any bid won by a buyer. A1Pigeons may randomly review the information you have provided on the Item listing and revise such content to correct, remove, supplement the information provided or may request you the seller for a revision.
The seller must ensure to remove items listed for sale from the A1Pigeons Marketplace after such item has been sold if the item is out of stock.
Item Listing conditions: (i) Uploaded Items may take several minutes or hours before they become discoverable on the platform by keyword searches or category searches’ (ii) We reserve the right to review descriptions and other information associated with a particular item listing. (iii) Items that are removed from the marketplace for violations may not be restored or allowed to be edited by the seller. (iv) Items may be removed from the search feature if we notice it is against our terms.
You understand that a listed Item’s position on the marketplace is subject to other factors, including, but not limited to seller’s history, seller ratings, quick communication, delivery times, Item price and shipping cost, Item’s location, buyer’s location, search keyword, and user’s browser. You also understand that an Item’s position in the marketplace cannot be permanent.
Seller further agrees to ensure that all Item content will be truthful and accurate. The item description will not:
- be misleading or deceptive
- be defamatory, libelous, threatening or harassing;
- infringe upon or violate any Intellectual Property Rights or other rights of any third party; or
- use the Item description to redirect A1Pigeons users to any other sales channels.
- Items in the auction
Upon the approval of your Item for sale on the Marketplace, other users of the platform can start placing bids on it. By listing items on the marketplace, you accept that you will act in line with the following rules:
- No shill bidding: You understand that shill bidding may be in violation of federal and state laws, subjecting perpetrators to criminal prosecution. Engaging in shill bidding on or through the A1Pigeons Site or Services is strictly against our terms and forbidden under any circumstance. You agree that engaging in shill bidding may lead to the removal of your Item listings and suspension of your seller account.
- Offer to sell: You hereby warrant and agree that by posting any Item for sale on the Site, you irrevocably offer to sell the Item to any Buyer who meets the requirements of the auction, payment terms and shipping description. Failure of Seller to complete the sale of an item to a qualified Buyer due to non-delivery or misrepresentation of said Item could result in Seller’s account being suspended or disabled.
- Encumbrance: By listing an item for sale, you represents, warrants and covenants that you have (a) good and marketable legal title to all items listed by you, free and clear of any lien, security interest, leasehold interest, co-ownership interest, or any other type of encumbrance or interest of any other person or entity, and (b) the authority to list and to sell such Item or Inventory on the Site; and that no Item or Inventory infringes or violates, or contains any parts or components that infringe or violate, any third-party’s copyright, patent, trademark, trade secret or other IP or proprietary rights.
- No listing of restricted or unlawful Item: You agree not to list or attempt to list an item of any kind that is banned or illegal in any jurisdiction where the Item is offered or intended to be delivered. These Items includes but without limitation, counterfeit goods, drugs, guns, pornography, ammunitions, hazardous waste, non-metal scrap or any other item that A1Pigeons, in its sole discretion, deems unlawful or restricted. A restricted item is one that generally cannot be sold without a special license or permit by a governmental agency or authority, for example, a federal firearms license or a hazardous material handling or storage permit.
- Purchase/order processing, fulfillment and shipping
Fulfillment of Orders
Once a Buyer has met the requirements of a Seller for the sale of an item, the Seller will, at its own expense, be solely responsible for, and bear all liability for, processing and updating all relevant statuses on the Seller Portal, including the accurate picking and packing of all applicable orders, including without limitation, any ad hoc customer service requests from A1Pigeons. A1Pigeons does not operate a fulfilment center and will not fulfil orders on behalf of the seller and the seller shall comply with the terms below:
- If Seller is unable to fulfill an order after the order has been accepted, Seller must notify both A1Pigeons and the Buyer and cancel the transaction. The Seller must immediately issue a refund in the event that the buyer already made payment for the order.
- All packaging material needs to comply with the minimum packaging standards and shall ship Items safely and with protective packaging materials to avoid injury or damages during shipping. Under no circumstances should packaged Orders contain any Seller marketing or other materials that are not included as standard with regard to the specific item being sold.
- The Seller accepts that it shall be obliged to honor all Orders based on the price and availability available on the Seller’s Item description as of the date of Order.
The Seller shall handle its own shipping requirements subject to the terms below:
- Seller is responsible for properly specifying the shipping options for all Items through the Seller Portal (including as may be requested by A1Pigeons Marketplace) and for proper handling of all returns.
- Seller shall promptly provide the Buyer with information about the fulfilment of the order and the order status and tracking details to the extent available.
- Seller will be responsible for shipping all Items purchased by Buyer in accordance with A1Pigeons Marketplace’s standard shipping guidelines and options as outlined on the A1Pigeons website. Seller will be responsible for all shipping charges and for any costs or charges related to shipping-related problems, including without limitation, damaged or lost Items, late shipments, missing parts or wrong delivery in the event that the Seller does not specify its shipping and return terms.
Seller will ship each item within 3 business days or within the days specified by the Seller in the item listing after receipt of the order from the Buyer or in line with other available shipping rates and options provided by A1Pigeons. If Seller cannot meet this shipment Standard for any Item, it will provide A1Pigeons and the Buyer with email notification of such delay.
Seller will be fully liable for any fines, costs or expenses brought by a third party resulting from any failure to meet up with the delivery for any Item. The Seller will indemnify and hold harmless A1Pigeons, its affiliates and their officers, directors, employees and agents for any losses, liabilities, fines, costs or expenses (including costs on an attorney and own client basis) resulting from such failure. Seller will be solely liable for all costs related to any duplicate or inaccurate shipments based upon Seller’s acts or omissions.
Seller will be solely responsible for reviewing, and managing the shipping of the ordered items. Seller may charge buyers for shipping fees, pay for it on behalf of the buyer or bundle in and include shipping cost by adding reasonable shipping and handling fees to the sale price in order to cover the costs for packaging and shipping the item sold to the buyer.
Order cancellation, returns and refunds:
For Live Animals: When making use of the platform, you shall be responsible for any error in connection with the delivery of a live animal purchased by a Buyer through the platform in line with the following terms:
- The Buyer will inform A1Pigeons of any issues via email at email@example.com and the seller within 24 hours of receiving the shipment.
- The Buyer will provide proper care of the live animal(s) for the time the animal(s) is in their possession.
- The Buyer will return the live animal(s) to the seller within 7 days of receiving the animal(s).
- Both the seller and buyer will need to be mindful of shipping considerations and/or delays during holidays.
- If the animal(s) is delivered dead or is to die while in the possession of the Buyer and meets the criteria above then the seller will either agree to refund or replace the birds free of cost. The seller will provide proof (photos, & etc) to us and the seller. The seller will file any claims with USPS, if applicable or with the shipping agency used by the seller.
For general items: When making use of the platform, you shall be responsible for any error in connection with the delivery of any item purchased by a Buyer through the platform in line with the following terms:
- In the event of errors in delivery, nonconformities, when making use of the platform, you shall be responsible for any error in connection with the delivery of your items purchased by a Buyer through the platform. You shall also be responsible for Item defects and nonconformity in any private or public recall of, or safety notice of any of your items sold through the platform or as otherwise stated by you on the item listing or as agreed between you and the Buyer.
In the event where a buyer returns an item and seeks a refund, Seller agrees to refund all monies; inclusive of commission fees paid to A1Pigeons to the Buyer.
Users understand that for any other unforeseen events that may arise, A1Pigeons reserves the right to make final decisions based on the information available and/or provided to us by the Seller and Buyer.
- Selling fees
When you make use of the A1Pigeons marketplace to list and sell items, we charge a 10% flat commission fee for your use of the Services that we make available to you. You understand and agree that all fees paid to us by you are non-refundable except as determined otherwise by us.
- Account holds and restricted funds
A1Pigeons reserves the right to put any account on hold or permanently suspend or disable accounts due to your breach of these terms and/or due to any inappropriate use of the Site or the Services.
If we conclude that Seller’s actions and/or performance in connection with this Agreement may result in customer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made until such issue is resolved.
Seller acknowledges and agrees that Seller is solely responsible
- for all tax liability associated with payments received from Buyer and through A1Pigeons, and that A1Pigeons will not withhold any taxes from payments to Seller;
- for determining whether Seller is required by applicable law to issue any particular invoices for the Seller Fees and for issuing any invoices so required; any
- for determining whether Seller is required by applicable law to remit to the appropriate authorities any value-added tax or any other taxes or similar charges applicable to the Seller Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate.
- Customer information, confidentiality and communication
As a seller on the A1Pigeons platform, you shall constantly receive customer information such as the Buyer’s name, address, phone number for the purpose of completing an order. These are confidential information, and as such, they must be treated with care in compliance with applicable regulations. You agree that for the term of this agreement, all customer information and related information shall be treated as confidential information herein this agreement. You shall at all times during your use of the service and 4 years after (i) Protect the Confidential Information made available to you with the same degree of care as you use to protect your own Confidential Information, but in no event with less than due care, and will in compliance with applicable laws; (ii) you shall not disclose or permit others to disclose such Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information where possible; (iii) you shall not use or permit the use of such Confidential Information, except as necessary for the performance of the Services to the customer such as fulfilling order(s) and (iv) limit access to such Confidential Information to your personnel who need to know such information for the performance of the Services to the customer.
You agree that all confidential information made accessible to you through your use of the service shall be and remain the property of A1Pigeons.
You agree that you may not send inappropriate or unsolicited messages to a customer. You shall not attempt to contact a customer outside of the platform for marketing purposes or attempt to circumvent the A1Pigeons sales process.
- Consent to electronic transaction and disclosures
To the fullest extent permitted by law, these terms, notices or other communications from A1Pigeons to you regarding our services being offered (“Communications”) may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the A1Pigeons website. You expressly consent to be contacted by us, our agents, representatives, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account.
Seller hereby agrees to defend, indemnify and hold us, our directors, officers, employees, and agents harmless from and against all damages, third-party claims, suits, litigation, awards, taxes, liabilities, losses, expenses, and costs, including but not limited to, reasonable attorneys’ fees and costs (each, a “claim”), incurred by A1Pigeons as a result of or arising in any way out of (i) your use of the services provided by A1Pigeons, (ii) your breach of this agreement or breach of applicable laws; (iii) A1Pigeons’s display or sale of the items, including but not limited to, civil or criminal suits over authenticity or ownership of items, the legality of sales, or copyright or trademark infringement; (iv) your taxes and duties or the collection, payment, or failure to collect or pay your taxes as supposed; (v) your Items, including the offer, sale, fulfilment, cancellation, return refund or modification thereof, and any personal injury or death.
- Website control
A1Pigeons has the sole right to determine the content, appearance, design, functionality and all other aspects of the A1Pigeons Site, including, without limitation, all content provided in connection with the sale of Items sold by Seller through the A1Pigeons Site. A1Pigeons may and reserves the right to suspend any Item listing or display of Content or refuse to list any items at its sole discretion and A1Pigeons may require Seller to exclude any Items from the A1Pigeons Site.
If A1Pigeons requests that Seller removes items from the A1Pigeons Site, Seller will make commercially reasonable efforts to remove those Items by unpublishing or retiring such items through the Seller Portal within twenty-four (24) hours of such request so such Items no longer appear for sale on the A1Pigeons Site and Seller will not include such removed Items on the A1Pigeons Site at any time unless the inclusion of such Items is specifically authorized by A1Pigeons. A1Pigeons will have sole control of any marketing of any Items on the A1Pigeons Site, including without limitation, Seller’s Items; and the marketplace program.
- Independent contractor status
This Agreement shall serve as the guiding regulation for the relationship of the parties herein, which shall be that of an independent contractor. Therefore, nothing herein this Agreement shall be assumed to create an employer-employee relationship between A1Pigeons and you herein. You shall assume an independent contractor status in relation to us. No agency relationship, partnership or Joint venture shall be created by virtue of this Agreement and you shall have no authority, express or implied, to enter into contracts with third parties or make representations on behalf of A1Pigeons without our express written consent. You understand and accept that as an Independent Contractor, you shall be solely responsible for all self-employment taxes and any federal, state and local taxes or fees that may arise from the independent contractor relationship.
- Feedback and suggestions
If Seller decides to provide or make available suggestions, comments, improvements, ideas or other feedback or materials to A1Pigeons in connection with or related to any A1Pigeons Site (including any related technology), A1Pigeons will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.
In order to protect A1Pigeons Marketplace’s systems and users, or to ensure the integrity and operation of A1Pigeons’s business and systems, A1Pigeons may access and disclose any information A1Pigeons considers necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. From time to time, we may provide suggestions on how to make use of our service. Your use of such suggested information shall be at your own risk, we shall not be responsible for how you make use of such suggestion or the outcome of your use of such suggestion.