Terms and Conditions

Last Updated: Dec 02, 2014

Acceptance of Agreement

Thank you for visiting and using AptDeco. This is an agreement between you (“you” or “your”) and AptDeco, LLC, a Delaware limited liability company (“AptDeco,” “we,” “us” or “our”) that governs your use of the AptDeco.com website, any mobile app we may provide, and any related tools and services (collectively, the “Services”). When you access or use the Services in any way or express your consent to these terms in any other respect, you agree to be legally bound by these Terms and Conditions (“Terms”). Please make sure you review these Terms carefully, as they contain important information about your rights and obligations, including arbitration of legal disputes.

Key Definitions

“AptDeco Content” means all Content that AptDeco makes available through the Services, including any Content licensed from a third party, but excluding User Content. “Collective Content” means User Content and AptDeco Content. “Content” means text, graphics, images, music, software, audio, video, information or other materials. “Buyer” means a User who buys a product from a Posting via the Services. “Seller” means a User who creates a Posting to sell via the Services. “Posting” means a product that is listed by a Seller as available for sale via the Services. “Item” means a product listed for sale by Seller or purchased by Buyer. “User” means a person who visits our website, completes the AptDeco account registration process, or uses the Services in any other respect, and include but are not limited to Sellers and Buyers. “User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

User Conduct

AptDeco is an online marketplace designed to facilitate the buying and selling of tasteful used furnishings and other items among a community of discerning bargain hunters. We are committed to providing a positive experience for Buyers and Sellers in each transaction.

  1. Use the Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Service;
  2. Fail to deliver payment for Items purchased by you, unless the Seller has materially changed the item's description after you buy, or a clear typographical error is made;>/li>
  3. Post for sale any Item to which you do not hold full legal ownership rights or which is subject to any lien or transfer limitation;

Account Registration; Passwords and Security

Upon registration of your account you will be considered a member of AptDeco with user permissions eligible to use AptDeco for permitted activities, including the buying and selling of goods. You are responsible for keeping your account information accurate and current. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. We permit only one account per person. You may not share your password with anyone else. You may not provide false registration information or select a user name that infringes third party rights or misleads about your credibility or affiliation. You agree to notify AptDeco immediately on any unauthorized use of your account, username, or password. AptDeco shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by AptDeco, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

When you register with the Service or log in, you can do so directly through the Services by completing the required forms. To the extent we make such features available, you may also register to join AptDeco or you may log into your AptDeco account by using your third party social networking accounts, such as Facebook (each social networking account, a “Third Party Account). You may link your AptDeco account with Third Party Accounts by either: (i) providing your Third Party Account login information to AptDeco through the Services; or (ii) allowing AptDeco to access your Third Party Account in accordance with the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to AptDeco and/or grant AptDeco access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating AptDeco to pay any fees or making AptDeco subject to any usage limitations imposed by such third party service providers. By granting AptDeco access to any Third Party Accounts, you understand that AptDeco will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (“Third Party Account Content”) so that it is available on and through the Services via your AptDeco account and your AptDeco account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information that you post to your Third Party Accounts may be available on and through your AptDeco account on the Services and may be visible to other Users. Unless otherwise specified in these Terms, all Third Party Account Content, if any, will be considered to be User Content for all purposes of these Terms. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. AptDeco makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and AptDeco is not responsible for any Third Party Account Content.

If you wish to disable a connection between your AptDeco account and any of your Third Party Accounts, you may do so by accessing the “Dashboard” section of AptDeco.com.

Fees and Payments; Transactions Policy

Collection of Fees by AptDeco

AptDeco is an online marketplace designed to facilitate the buying and selling of tasteful used furnishings and other items among a community of discerning bargain hunters. We are committed to providing a positive experience for Buyers and Sellers in each transaction.

Procedure for Sales Transactions

As a condition to your use of the Services, you agree to abide by the following procedures and guidelines when engaging in the sale or purchase of any Item. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. It is important to note that AptDeco’s involvement is limited to that of a platform provider facilitating the transactions between a Seller and Buyer, and as such, AptDeco is not, and shall not be deemed to be, the agent of either party for any purpose. The following describes and explains the procedure to be followed in connection with a typical purchase completed via the Service:
  1. Seller lists an Item for sale by submitting a Posting to the Service. The Posting should be accurate, complete, and convey in all material respects the nature, quality, and price of the Item, along with any other information reasonably required in order for a Buyer to make an informed purchasing decision with respect to such Item. AptDeco reserves the right to review any Posting and to accept or reject it in its sole discretion. Prior to rejecting a Posting, AptDeco may, but need not, provide the Seller with an opportunity to correct or edit the Posting. Notwithstanding anything to the contrary in any of the foregoing, Seller shall remain solely responsible for the Posting and its contents and for any liability arising therefrom.
  2. Buyer purchases the Item and specifies whether the Item will be picked up by Buyer or whether Buyer prefers to purchase the delivery services of an AptDeco Delivery Partner. To complete the purchase, Buyer accepts and authorizes AptDeco to charge Buyer’s payment method on file for the full amount of any associated Proceeds and Fees. If Buyer is picking up, Buyer identifies pick-up date/time windows which are convenient to Buyer (the “Windows,” and each, a “Window”).
  3. AptDeco emails Seller with Buyer’s intentions.
  4. Seller responds to AptDeco within 24 hours to select among the Windows selected by Buyer, or responds to AptDeco to confirm availability for pick up by a Delivery Partner, as applicable, depending on Buyer’s chosen delivery method. If Seller does not respond within 24 hours, the order is subject to cancellation by AptDeco. Should Seller find that none of the Windows selected by Buyer are convenient, Seller may propose an Window, which Buyer shall thereafter either accept, or reject and propose a new Window, and so on, until Buyer and Seller identify a mutually acceptable Window.
  5. AptDeco notifies Buyer to confirm the final scheduled Window for the purchased Item. For the avoidance of doubt, Buyer is primarily responsible for pick-up and/or delivery and is solely responsible for covering any related costs, and Seller’s sole responsibility in connection with delivery is to be available and present at the scheduled time and place to release the Item to Buyer or the Delivery Partner, as applicable. In the event Seller is not available during the agreed-upon Window, Seller shall be responsible for paying the Delivery Partner Fee paid by Buyer, and the order shall be subject to cancellation by AptDeco.
  6. Buyer receives Item. Buyer confirms the Item is delivered on the AptDeco website. If Buyer reports no problems with the Item or if Buyer does not confirm delivery after two (2) business days (the “Review Period”), , the transaction becomes final, AptDeco transfers the relevant Proceeds to the Seller’s account, and AptDeco retains any relevant Fees paid by Buyer.
Once a purchased Item is delivered, Buyer has until the end of the Review Period to inform AptDeco about any problems associated with the condition of the Item. While we hope the majority of transactions will go smoothly, occasionally an issue may arise where an Item does not match the description provided by the Seller. An Item may be rejected by Buyer only if the Item contains a Material Defect, defined to mean for purposes of these Terms any failure of an Item to conform materially with the description of the Item provided by Seller in the relevant Posting. Notwithstanding anything to the contrary in these Terms, Buyer shall have until the end of the Review Period, and no longer, to report Material Defects to AptDeco. Proceeds will be released by AptDeco to Seller if the Review Period ends without Buyer informing AptDeco of any Material Defects, after which the transaction shall be deemed complete. Buyer agrees to waive any and all claims for chargebacks, reimbursements, Material Defects, or transaction cancelations once the transaction is complete. If the Buyer brings a Material Defect to AptDeco’s attention before the end of the Review Period, and should AptDeco determine, in its sole discretion, that it is a valid Material Defect, AptDeco will cancel the transaction and reimburse Buyer for the full amount of any Proceeds and Fees paid for the relevant Item. Seller shall be responsible at its sole expense for picking up the Item from Buyer, or, if a Delivery Partner was used in the transaction, the Delivery Partner shall return the item to Seller, and Seller shall pay AptDeco the Delivery Partner Fee paid by Buyer in the transaction, as well as for the additional Delivery Partner Fee associated with returning the Item to Seller and for any and all other costs incurred by AptDeco in connection with the transaction cancelation and Item return. Buyer and Seller shall cooperate reasonably to schedule a time and place for Seller to pick up the rejected Item or for Seller to receive delivery of the rejected Item, as applicable, and Buyer agrees to be available with the Item at the agreed-upon time and place. If Buyer is not available during the agreed-upon return delivery pick-up window, Buyer shall be responsible for paying a storage Fee plus an additional delivery Fee for re-delivery. If AptDeco determines in its sole discretion that defect reported by Buyer is not a valid Material Defect, the transaction will be deemed complete, AptDeco will transfer the Proceeds to Seller’s account, and Buyer will not have any further rights to reimbursement for any payments made for the Item. For the avoidance of doubt, should AptDeco determine that Buyer did not report a valid Material Defect, Buyer will keep the Item, and Seller will have neither a right nor an obligation to pick up the Item in question.

Changes to these Terms

We may change the Terms and the Services without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms are effective upon our posting through the Services, and any use of the Services after such revisions have been posted and any opt in consent that you may provide through the Services signifies your consent to the changes.

Disclaimer; Limitation of Liability

AptDeco has no control over and is not responsible for any products or services that may be advertised by its advertising partners through AptDeco or for the content, privacy or security of any third-party websites or applications linked to from the Services.  We make no guarantees, nor can we be responsible for any such information, content, products or services, including their currency, safety, quality, copyright compliance or legality, or any resulting loss or damage. AptDeco is also not responsible for User conduct on the site, the condition of Items posted for sale on the Services or the accuracy or completeness of related Postings, failures or interruptions in the Internet, networks or systems, acts or omissions of third parties and other factors beyond its reasonable control. THE SERVICES INCLUDING WITHOUT LIMITATION ANY DELIVERY SERVICES, AS WELL AS ALL INFORMATION AND CONTENT WHICH MAY BE PROVIDED BY APTDECO THROUGH THE SERVICES, ARE PROVIDED AS IS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED,  INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL APTDECO OR ITS AFFILATES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, ASSIGNS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SERVICES, OR ANY POSTING OR OTHER COMMUNICATION BY ANY USER OR THIRD PARTY, WHETHER OR NOT MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL APTDECO’S TOTAL LIABILITY TO YOU UNDER THESE TERMS EXCEED ONE HUNDRED DOLLARS (USD $100.00) IN THE AGGREGATE FOR ANY AND ALL CLAIMS. THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN APTDECO AND YOU. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so these provisions may not apply to you to the extent prohibited by law.

Ownership; License

AptDeco retains all its rights, title, and interest in and to the Services, and any software or Content of any kind used by AptDeco in providing the Services or featured through the Services, including without limitation photos, text, videos, design elements, and works of authorship. Any rights not expressly granted to you herein are reserved by AptDeco. You acknowledge that the Services and the software used by AptDeco in providing the Services may contain AptDeco’s proprietary and confidential information. You agree that except as may be expressly permitted in these Terms or via the Services by AptDeco, you will not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, reproduce in whole or in part, display (except as necessary to exercise your rights hereunder), sublicense, or transfer the Services, any information contained therein, the Content provided or featured through the Services by AptDeco or other Users, or any software used by in providing the Services, without the prior written permission of AptDeco. On the condition that you comply with these Terms and satisfy any and all of your applicable payment and other obligations related to the Services, AptDeco grants you a non-exclusive, limited, revocable, non-transferable license to access and use the Services for your personal purposes and solely for the specific commercial purposes permitted among Buyers and Sellers using the Services to buy and sell Items.  You may not resell or grant third-party access to the Services.  If you violate the terms of this section, AptDeco may terminate your account without notice.  Further, and notwithstanding anything in the foregoing to the contrary, the foregoing license shall not extend to permit your use of the Services to share, without our consent, any personal information about yourself if you are under the age of 18, and any such sharing is expressly prohibited.

Infringement

If you are a copyright owner or an agent thereof and believe that any third-party content made available by AptDeco infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at those locations; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit AptDeco to locate the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. AptDeco’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, e-mail: Info@AptDeco.com, or write to the following address: 1315 Walnut Street, Suite 700, Philadelphia, PA 19107. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AptDeco customer service.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. AptDeco has a policy of terminating the account of, or denying access or use of the Services to, in its sole and absolute discretion, any User who infringes the copyrights or other intellectual property rights of others.  AptDeco reserves the right, in its sole and absolute discretion, to suspend or terminate the account of any User who infringes the intellectual property rights of AptDeco or others, and/or to remove, delete, edit or disable access to such person’s User Content. AptDeco shall have no liability for any action taken pursuant to this Section.

Termination

Either you or we may terminate these Terms at any time for any reason whatsoever.  However, should any open purchase transaction(s) remain between you and any other User at the time you attempt to terminate, these Terms shall continue in effect until such time as all pending transactions have been finalized. The indemnity, limitation of liability, and payment provisions and all other provisions of these Terms that, by their nature, are intended to survive any termination of these Terms, shall do so.  If you terminate these Terms, upon the effective date of termination, your license to use the Services provided herein will immediately terminate.

Indemnity

You shall indemnify and hold AptDeco and its affiliates and its and their respective owners, directors, officers, members, employees, and agents harmless from all claims and demands, costs, damages and liabilities (including, without limitation, reasonable attorneys’ fees) caused by or resulting from your use of the Services, your business or personal activities, any Content, products, Postings, Items, or services furnished by you, or your breach of these Terms.

Governing Law; Arbitration

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF NEW YORK, AND THE FEDERAL LAWS OF THE UNITED STATES, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS.  ANY DISPUTE BETWEEN YOU AND US, WHETHER OR NOT ARISING OUT OF THESE TERMS OR THE PERFORMANCE THEREOF, SHALL BE DETERMINED BY ONE ARBITRATOR IN BINDING ARBITRATION ADMINISTERED BY THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”) PURSUANT TO ITS INTERNATIONAL ARBITRATION RULES. ANY HEARINGS SHALL BE HELD IN NEW YORK CITY, NEW YORK, U.S.A.  THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH, AND ALL DOCUMENTS SHALL BE SUBMITTED IN ENGLISH.  ANY WITNESSES OR PARTIES RESIDING MORE THAN 100 MILES FROM THE SITE OF THE HEARINGS MAY TESTIFY BY TELEPHONE, VIDEO CONFERENCE OR OTHER REAL-TIME AUDIO/VISUAL TELECOMMUNICATIONS MEDIUM. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED AND ENFORCED IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION. EITHER PARTY MAY APPLY TO THE ARBITRATOR (OR DIRECTLY TO THE ICDR IF THE ARBITRATOR HAS NOT BEEN FORMALLY APPOINTED) FOR EMERGENCY, INTERIM, PROVISIONAL, TEMPORARY OR PERMANENT INJUNCTIVE RELIEF.  EITHER PARTY ALSO MAY, WITHOUT WAIVING ANY REMEDY UNDER THESE TERMS, SEEK FROM ANY COURT HAVING JURISDICTION ANY INTERIM OR PROVISIONAL RELIEF THAT IS NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF THAT PARTY, PENDING THE ESTABLISHMENT OF THE ARBITRAL TRIBUNAL, OR PENDING THE ARBITRAL TRIBUNAL’S DETERMINATION OF THE MERITS OF THE CONTROVERSY.  IN ANY AWARD, THE ARBITRATOR SHALL HAVE THE RIGHT TO ALTER, AMEND OR DISSOLVE ANY INJUNCTIVE RELIEF PREVIOUSLY GRANTED BY A COURT.

Miscellaneous

These Terms, together with our Privacy Policy (collectively, the “Agreement”), supersede any and all prior agreements or understandings between the parties, whether written or oral.  AptDeco and its Users are independent contractors, and no agency, employment or partner relationship exists between AptDeco and any of these other persons. The Agreement is assignable by AptDeco, but is not assignable by you without our prior written consent. No waiver of any term of the Agreement will be valid unless in writing and acknowledged in writing by the party against whom enforcement is sought, and no failure on our part to enforce strict performance of any part of the Agreement will constitute a waiver of any provision of, or any of our rights, under the Agreement.

Questions

To ask questions about these Terms or about the Services, please contact us at Info@AptDeco.com.