- KAIJU CONSIGNMENT'S TERMS OF USE -
PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY KAIJU CONSIGNMENT. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://KAIJUCONSIGNMENT.BIGCARTEL.COM (THE "SITE") AND ALL SERVICES PROVIDED BY KAIJU CONSIGNMENT ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "User") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein. This Agreement applies to all Users of the Site.
1. Kaiju Consignment Is A Marketplace
Kaiju Consignment acts as a marketplace to allow Users who comply with Kaiju Consignment's policies to offer, sell and buy certain goods within a fixed-price format. Kaiju Consignment acts as a Proxy Service between buyers and sellers. As a result, Kaiju Consignment has limited control over the quality, safety, morality or legality of any aspects of the items listed, the truth or accuracy of the listings, the ability of the sellers to sell items or the ability of buyers to pay for items. Kaiju Consignment does pre-screen Users or the contents or information provided by Users. Kaiju Consignment cannot ensure that a buyer or seller will actually complete a transaction.
You agree that Kaiju Chronicle is a marketplace and as such is not responsible or liable for any content. You use the Kaiju Consignment service at your own risk.
2. Fees And Services
Kaiju Consignment charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Kaiju Consignment's Fees Policy, which is subject to change, is incorporated into the Agreement by reference. Kaiju Consignment may, at Kaiju Consignment's sole discretion, change some or all of Kaiju Consignment's services at any time. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees associated with using Kaiju Consignment. Before each item is listed on the Site, each seller is emailed an invoice detailing the listing fee amount due. The seller must pay the amount due in full before their item is listed. The sales fee will be deducted from the amount received by the buyer before payment is sent to the seller.
3. Listing And Selling
Listing Descriptions. By listing an item on the Site you warrant that you and all aspects of the item comply with Kaiju Consignment's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale to Kaiju Consignment as requested prior to your item being listed. Each listing must accurately and completely describe the item/items for sale.
Binding Sale. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the listing (such as payment method), or (b) the rare occurrence that an item listed is SOLD OUT but not reflected in the Site's inventory. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. In the rare occurrence that an item listed is SOLD OUT, the buyer will receive a full refund.
Fee Avoidance. The price stated in each item being listed must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items with tracking. Sellers may not charge excessive shipping fees or otherwise avoid fees.
4. Resolution Of Disputes And Releases
In the event a dispute arises between you and Kaiju Consignment, please contact us HERE.
Should you have a dispute with one or more Users, you release Kaiju Consignment from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Kaiju Consignment encourages Users to report User-to-User disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Kaiju Consignment, for the benefit of Users, may try help Users resolve disputes. Kaiju Consignment does so in Kaiju Consignment's sole discretion, and Kaiju Consignment has no obligation to resolve disputes between Users or between Users and outside parties. To the extent that Kaiju Consignment attempts to resolve a dispute, Kaiju Consignment will do so in good faith based solely on Kaiju Consignment's policies. Kaiju Consignment will not make judgements regarding legal issues or claims.
5. Breach
Without limiting any other remedies, Kaiju Consignment may, without notice, and without refunding any fees, delay or immediately remove Content, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's selling privileges, terminate a User's listing, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User if any of the following apply:
Kaiju Consignment suspects (by information, investigation, conviction, settlement, or otherwise) a User has breached this Agreement, or other policy documents incorporated herein; or Kaiju Consignment believes that a User is acting inconsistently with the letter or spirit of Kaiju Consignment's policies, has engaged in improper or fraudulent activity in connection with Kaiju Consignment or the actions may cause legal liability or financial loss to Kaiju Consignment's Users or to Kaiju Consignment.
6. Privacy
Kaiju Consignment will not sell or disclose your personal information to third parties without your explicit consent. Only User information disclosed will be of the buyer's shipping information provided to the seller when a sale has occurred.
7. No Warranty
KAIJU CONSIGNMENT PROVIDE KAIJU CONSIGNMENT'S WEB SITE, AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. KAIJU CONSIGNMENT SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KAIJU CONSIGNMENT SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
8. Liability Limit
IN NO EVENT SHALL KAIJU CONSIGNMENT, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, KAIJU CONSIGNMENT'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
9. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD KAIJU CONSIGNMENT HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
10. No Guarantee
Kaiju Consignment does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Kaiju Consignment's control.
11. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Kaiju Consignment service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items.
12. No Agency
You and Kaiju Consignment are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
13. Kaiju Consignment Service
Kaiju Consignment reserves the right to modify or terminate the Kaiju Consignment service for any reason, without notice, at any time. Kaiju Consignment reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Kaiju Consignment makes a material change Kaiju Consignment will notify you here. What constitutes a "material change" will be determined at Kaiju Consignment's sole discretion, in good faith, and using common sense and reasonable judgment.
Effective Date: April 18, 2011