EBAY PURCHASE AGREEMENT
(https: blackmoon.ltd/ebay_purchase_agreement)
This agreement constitutes a contract. Under the terms of the contract, you receive certain rights from the seller, and you, in turn, grant the seller certain rights that impact you. Additionally, this contract includes provisions that outline and limit your rights regarding refunds and warranties, as well as limiting the liability of the seller. You must accept these terms, or the seller will not willingly conduct business with you or sell a product. Your order will not be processed if you do not accept these terms.
Your acknowledgment and acceptance of the rights, duties, and limitations outlined in this contract are crucial components of the legal consideration required by the seller as a condition of sale. These terms shall become effective immediately upon your submission of any bid, offer, or order to the seller through eBay.com or any of its applications.
Parties to this Agreement and Disclaimer
The parties to this agreement are Blackmoon Ltd or its owners, hereinafter referred to as the seller, and you, the prospective purchaser, hereinafter referred to as the buyer. Individuals or entities not directly involved in this contract but having an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as third party or third parties. The recipient of the product sold herein, when said product is ordered and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering buyer, with the same rights, duties, and obligations as the buyer. However, they may also be referred to herein as the recipient.
Subject Matter of this Purchase Agreement
The subject matter of this agreement is a product described in a sales or auction listing on ebay.com or its applications, offered by the seller. Said listing and its contents are incorporated herein by reference and constitute a complete description of the product that is the subject matter of this purchase agreement. This bundle of offerings, including additional items promoted by the seller on the order page, shall, together, be termed product throughout this agreement. However, the term product shall encompass all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.
Returns and Refunds
Attention: Do not initiate a return through eBay until authorized by the seller! Doing so without seller authorization constitutes a breach of this agreement and may lead to immediate litigation against the buyer for any harm caused to the seller, should eBay take any action against the seller or in favor of the buyer, including but not limited to providing the buyer an unauthorized return or refund at the expense of the seller.
Please proceed as follows:
The product referenced herein is sold as final unless due to a direct error of the seller. If a seller error occurs, the buyer must contact the seller directly within 7 days of delivery through Contact Seller, providing a detailed description of the error and any collaborating photos or videos. If the seller agrees that a seller error has occurred, the seller may (a) authorize a return for the product or (b) refund the buyer without requiring the return of the product. If the seller requires the return of the product, the buyer may then initiate the return through eBay as Received wrong item . The product must be returned during the return period and with the shipping label provided. The burden is on the buyer to prove that the product was indeed returned to the specified address.
Granting the buyer a refund is the full and complete liability that the seller of this product has to the buyer. The buyer agrees that the length of the return period is reasonable and further agrees to examine all shipping and product packaging before opening or using the product as a material consideration required by the seller as part of the purchase price. Products should not be opened, used, worn, exchanged, or replaced and must be returned as described and as shipped: undamaged, free of any defects, without any use or wear, and in original saleable condition.
The buyer further warrants that they will make a determination during the 7-day period if the product is as described and decide whether they wish to keep the product. If the buyer does not contact the seller as previously instructed during the 7-day period, the buyer agrees that the seller will construe non-contact as a full, complete, and final acceptance of the product with no further right of redress or refund for any reason due to the buyer.
It is to be noted that the procedures and conditions governing returns and refunds arising from any loss, theft, or damage incurred while in transit of the shipping carrier are distinct and separate from those applicable to this return section. In such instances, the specific provisions governing such circumstances are elucidated within the Shipping section of the agreement.
Rights and Obligations of the Buyer
The buyer must pay full consideration for this product as required by the seller, constituting the total price of the product. This consideration encompasses not only the purchase price but also other obligations the buyer accepts, as well as potential rights the buyer agrees to forgo. By accepting this purchase agreement, the buyer agrees to receive continuing follow-up contact from the seller, including email, mail, newsletters, product updates, product recall notices, product improvements, and telephone calls from the seller for the purpose of solicitation related to the product or any other product or service.
The buyer agrees that all personal information about the buyer or their buying habits and preferences, including address and phone number, may be placed in a general database. However, the buyer shall at all times be fully empowered to sever contact with the seller by notification using the unsubscribe link in solicitations. Moreover, the buyer retains the right to refuse specific contact with some third-party solicitors and maintain it with others. The buyer also retains the right to have their name removed from a general solicitation database. The buyer s agreement to accept solicitation and contact may be reduced, enhanced, limited, or terminated by notification to anyone contacting the buyer. The burden is on the buyer to prove that such communication was made to and received by the person making contact. The buyer agrees that the seller is not liable for communications made to the buyer by parties unrelated to this purchase, even though referred by the seller. The buyer accepts full responsibility for limiting unsolicited contact and understands that they retain all rights to directly restrict communication or solicitation from any party, including the seller.
The buyer agrees to allow the seller to collect, store, and use, for marketing purposes, all information collected from, provided by, or otherwise ascertained by electronic means from the buyer. Specifically, as part of the consideration paid for this product, the buyer waives all rights to access, retrieve, or control such information except that the buyer retains the right to restrict contact as described previously.
The buyer agrees to promptly reimburse the seller for all costs and fees incurred by the seller related to the buyer s purchase, including but not limited to unauthorized returns, all eBay forced refunds, shipping costs or shipping labels, and any returns of incorrect, damaged, or defective products. Additionally, the buyer assumes full responsibility for any and all costs and charges associated with damage to the seller s reputation, the seller s collection efforts, and any litigation incurred by the seller. The buyer unconditionally agrees to hold the seller harmless and to indemnify the seller for any breach of the agreement.
Buyers residing in locations that require customs duties and/or VAT taxes to be collected understand that unless customs duties are collected at the point of sale by the seller, the buyer remains responsible for payment of customs duties and taxes at the time the product is received. If the seller s courier or freight account is charged for customs duties and taxes instead of the buyer paying the referenced charges, then the buyer hereby authorizes the seller to bill and collect for said charges or the return of goods if they are refused at the point of destination.
Payment Methods and Fraud Penalties
The buyer warrants that they are over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which they are present when making this purchase, and are the true and authorized owner of the payment method used for this purchase. Any buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount equivalent to US$10,000 per fraudulent transaction, plus actual damages. Additionally, the buyer agrees that all information collected by eBay or the seller may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.
If the true and/or authorized owner of the payment method attempts to commit fraud upon the seller, they authorize each and every credit card company or merchant service provider to disclose to the seller all information that could be construed as proof of credit card fraud.
Any buyer who attempts to perpetrate a fraud upon the seller involving the use of a credit card hereby gives authorization for the seller to access all credit information about the buyer from credit reporting agencies and also authorizes the seller to discover all relevant information from any source about the fraudulent practices of the buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.
The buyer agrees that if they use trickery to receive more than one refund, or if they cause a fraudulent dispute claim that results in a chargeback, reversal, or billing against the seller s account, the seller is authorized to recharge the buyer s payment method used for the original purchase to the extent necessary to make the seller whole. In addition to actual damages, the buyer agrees to pay the seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action the buyer commits.
Guarantee and Warranty
The products are sold as is without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose. The seller warrants and guarantees absolutely nothing. There is no warranty period.
However, if the buyer claims that the product is incorrect, the sole remedy available to the buyer is to submit the product for consignment or return. The period for the buyer to determine if the product is incorrect and request consignment or return is 7 days from the date of the order. During this 7-day period, the buyer may request a return and may receive a refund if the seller finds the product to be incorrect. The buyer may request a consignment of the product instead of a refund, but the seller is under no obligation, for any reason, to do anything more than refund the purchase price.
Assumption of Risk
The buyer agrees to accept all risks associated with the purchase and use of this product, including but not limited to, all risks of loss for the product once it is in the possession of the shipping carrier, ingestion of, or application to the buyer s person, the use of the product personally or in business, all taxes and regulations applicable to this product, and all legal compliance issues related to this product. The buyer warrants an understanding that the seller is disclaiming all liability for harm of any kind or nature caused directly or indirectly by this product. As part of the consideration required to purchase this product, the buyer agrees to carefully review this product during the return period and to immediately contact the seller if the product is incorrect.
Limitation of Liability and Disclaimer
The buyer warrants an understanding, as required consideration, that the seller of this product disclaims all liability for the product or damages resulting from the use, installation, or reliance upon this product for any reason. The buyer alone accepts full responsibility for allowing others to use this product. The buyer understands that the seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect and might cause damage to the buyer.
The buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or from subsequent contact with the seller or third parties.
The buyer expressly agrees that regardless of any occurrence because of their purchase of this product, any damage allegedly or actually caused by the use of this product or any harm or damage that may result directly or indirectly from the purchase of this product, for any reason whatsoever, the absolute maximum extent of the seller s liability shall be an amount no greater than the purchase price of the product.
The buyer agrees and understands that the seller specifically but not exclusively disclaims liability for all damage to the buyer s person or business by using this product, including harm to the buyer s computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. The seller disclaims liability for the buyer s interaction with third-party soliciting agents who were provided leads by the seller.
Seller disclaims liability for buyer s interactions with advertisers on eBay and their applications. Seller disclaims liability for buyer s interaction with other visitors or members of eBay and their applications.
Limitation of Liability from Erroneous Content, Harm, and All Other Injuries of Any Kind Related to the Product
The seller, an independent entity, provides pre-owned and consignment products, operating autonomously and devoid of affiliation or endorsement from any third-party manufacturers or brands. By purchasing products from the seller, the buyer acknowledges and agrees that any liability pertaining to erroneous content, harm, or any other injuries of any nature associated with the product rests solely with the product s brand or manufacturer. Consequently, the buyer absolves the seller from any responsibility or liability in such matters and agrees to hold the seller harmless in all relevant circumstances.
Data Security Policy Accepted
Buyer expressly accepts the terms of the seller Data Security Policy available on the seller s website at https: blackmoon.ltd/dsp.
Terms and Conditions Accepted
Buyer expressly accepts the seller Terms and Conditions available on the seller s website at https: blackmoon.ltd/terms.
Non-compulsory Insurance Waiver Accepted
The buyer understands that eBay prohibits offering optional shipping insurance. Buyer expressly accepts the Non-compulsory Insurance Waiver available on the seller s website at https: blackmoon.ltd/non-compulsory_wavier.
Right to Publish Submissions
Buyer agrees that seller may publish for commercial purposes the full or partial content of any communication with the buyer at the seller s sole discretion.
Indemnification
Buyer agrees to indemnify seller for any and all damage that buyer causes by using the product or information contained in the seller s product listing on eBay.com and its application or the seller s website that results in a damage award against the seller.
Right to Stop Selling or Servicing Product
Buyer agrees that seller has the right to discontinue the product at any time, without notice.
The buyer understands that the seller may discontinue affiliate programs under the terms of the affiliate program. Buyer also understands that the seller may cease customer service on a product at any time without notice.
California Residents Note
You are entering into a contract that may modify, restrict, or eliminate rights you may have under the California Online Privacy Protection Act of 2003 (OPPA). Under the Data Protection Policy and this Purchase Agreement, you waive any right to view or modify the content of our database. Additionally, you waive any right to compel the seller to disclose when or to whom your information may have been provided to third parties. In the event the seller elects, at its sole discretion, to release information to you, you must clearly identify yourself to the seller as the named customer who has previously purchased from the seller. This measure is implemented to safeguard information from being inadvertently provided to fraudulent customers who may have malicious intentions towards the genuine customer. The required identifying information may include credit card details, social security numbers, notarized copies of state-issued IDs, or other forms of identification sufficient to satisfy our counsel about releasing information – if we choose to disclose it at all.
Moreover, this Purchase Agreement constitutes part of the consideration required to purchase from the seller. The buyer also agrees, as part of the necessary consideration, that any cause of action is presumed to have arisen in the city and county of the seller and not in the state of California unless the seller is located there, and not in the jurisdiction where the buyer resides.
Disputes and Litigation
The buyer and seller both agree that the Disputes and Litigation section of the seller s Terms and Conditions shall prevail for any and all claims or disputes brought before each other. Please see https: blackmoon.ltd/terms#disputesLitigation.
Modification
This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing and signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other buyers without notice to the instant Buyer.
Enforceability of Provisions
In the event that some provisions, terms, or conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the enforceable provisions shall control. Additionally, the Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.
Waiver of Breach
The Seller s waiver (failure to enforce) any term of this Agreement shall not be construed as a modification or an amendment to this Agreement or constitute a waiver of other breaches.
