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Marketplace Seller Agreement

In order to sell items in The Marketplace on BlackMensGroomingDen.com (the “Site”), you must agree to the marketplace seller agreement outlined below, which includes our privacy policy and any other terms and conditions on the Site. By listing an item for sale or purchasing an item on the Site, you agree to be bound by all terms and conditions of this marketplace agreement.


The Site is operated by Black Men’s Grooming Den, LLC. Black Men’s Grooming Den, which reserves the right to make changes to this marketplace seller agreement at any time. Changes to this marketplace seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace seller agreement may occur without notice to you.

THE MARKETPLACE

Black Men’s Grooming Den provides an online service that allows third party sellers to sell their products to buyers. Black Men’s Grooming Den does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place.

ACCOUNT SET-UP

You must login with an existing account or complete the Site registration process to create an account with a username and password (the “Account”) in order to make full use of selling on the marketplace. You may not share your password with anyone. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. Black Men’s Grooming Den is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.

ELIGIBILITY REQUIREMENTS

Listing items for sale in the Black Men’s Grooming Den Marketplace is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our marketplace. To list items for sale you must supply your name, address, phone number, email address, Paypal account info for payment and agree to the marketplace agreement.


MARKETPLACE FEES

For all items sold through its marketplace, Black Men’s Grooming Den charges a flat fee based on a percentage of the sale price. Request to view fee structure by email blackmanbeards@gmail.com. The seller of an item is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall govern the transaction.  By listing an item for sale in our marketplace, you agree to pay the applicable fees and any collection costs related to non-payment of fees. All fees are payable upon demand via your sellers account. By listing an item for sale on the Site, you authorize Black Men’s Grooming Den to withhold your fee for amounts due from the sale.

REQUIRED COMMUNICATION

Black Men’s Grooming Den requires you to provide timely support to the customers of our marketplace via Customer support, please make sure that all communications are kept via email with you and our Customer support. All messages should ideally be replied to within 24hrs. You are also required to notify Black Men’s Grooming Den when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question alerting them of an order status update, or responding to a complaint.

SHIPPING EXPECTATIONS

All orders should be shipped to customers within 48hrs. All orders must reach the Buyer within the quoted time frame of 6-8 business days (standard shipping) and 3-4 business days (expedited shipping). Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be canceled at our sole discretion. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking. The Seller waives the ability to win any disputes if the customer says the package did not arrive should they choose not to follow the Shipping Guidelines.

SELLER RESTRICTIONS

Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of Black Men’s Grooming Den. Marketplace transactions must take place between two different individuals, organizations or entities. Black Men’s Grooming Den reserves the right to refuse service to anyone at any time for any reason.


Black Men’s Grooming Den determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the marketplace may change without notice to users of the marketplace.


Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess. Sellers are required to ship an order by the provided ship date. Failure to ship by the provided date or follow the Black Men’s Grooming Den Shipping Expectations may be grounds for termination of your Account.

PAYMENTS

After a Completed Sale occurs Black Men’s Grooming Den credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated Paypal account for Completed Sales on Friday of each week. To receive funds, you must provide Paypal account information for an account in the U.S. Payments will be made in U.S. Dollars.


As a security measure, Black Men’s Grooming Den may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Black Men’s Grooming Den will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the Account.


If Black Men’s Grooming Den reasonably concludes based on information available to us that seller's actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this marketplace agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.

TAXES

It is the seller’s responsibility to collect and remit any taxes associated with a transaction. Black Men’s Grooming Den may provide tools that allow a user to charge sales tax on transactions, but Black Men’s Grooming Den will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Black Men’s Grooming Den is not responsible for determining when tax should be charged.

RETURN POLICY

For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller agreement and the Black Men’s Grooming Den Refund and Return Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with Black Men’s Grooming Den marketplace purchases, using functionality we enable for your account, and will route all such payments through Black Men’s Grooming Den. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Black Men’s Grooming Den to seller under this marketplace agreement or seek reimbursement from seller via any of the means authorized under this marketplace agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Black Men’s Grooming Den Refund and Return Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.

TERMINATION

The seller can terminate participation in our marketplace at any time by written notice to Black Men’s Grooming Den. Black Men’s Grooming Den reserves the right to terminate a seller’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to seller. Black Men’s Grooming Den reserves the right to monitor user accounts to determine if policies or laws are being broken. Black Men’s Grooming Den reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay Black Men’s Grooming Den any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.


Black Men’s Grooming Den reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by Black Men’s Grooming Den to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller's account for a prospective three-month period. At the end of such three-month period following termination, Black Men’s Grooming Den will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

WARRANTY

The Black Men’s Grooming Den marketplace is provided as is and without warranty. Black Men’s Grooming Den makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. Black Men’s Grooming Den will not be liable for any loss due to our marketplace not being available. Black Men’s Grooming Den will not be liable for any loss due to errors in our software or the software of others that we use.

RISK OF LOSS

Black Men’s Grooming Den may refuse service to anyone for any reason. Black Men’s Grooming Den may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to pay out credits to a seller. Black Men’s Grooming Den will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a payment transaction through our marketplace, and the seller will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. Black Men’s Grooming Den reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer's credit card issuer for the amount of the buyer's purchase from the seller. Black Men’s Grooming Den may obtain reimbursement of any amounts owed by the seller to Black Men’s Grooming Den by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller's credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.

INDEMNITY/LIMITATION OF LIABILITY

You will defend, indemnify and hold harmless Black Men’s Grooming Den and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.


BLACK MEN’S GROOMING DEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.


JURISDICTION

Any claim against Black Men’s Grooming Den in relation to our marketplace shall be adjudicated in a court in Los Angeles County, California and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by California law, without regard to conflict of laws principles thereof.

CONTENT AGREEMENT

By agreeing to the marketplace seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.

SEVERABILITY

If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by Black Men’s Grooming Den does not constitute a waiver of Black Men’s Grooming Den right to enforce such section or any other section in the future.