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HarryHines.com provides access to its services to individuals, sole proprietors, partnerships, businesses and corporations ("User", “Account Holder”, "Seller", "Buyer" or "you") subject to the following terms and conditions (the "User Agreement"). As a condition of using the Site and Services, HarryHines.com requires that you review and accept this User Agreement.
BY REGISTERING TO USE HARRYHINES.COM YOU ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THIS USER AGREEMENT, YOU DO NOT HAVE RIGHT TO ACCESS OR OTHERWISE USE THE SITE.
1. HARRYHINES.COM SERVICES
Buying and Selling
HarryHines.com provides Sellers with an end-to-end solution to sell merchandise online, and provide buyers with online market place where various merchandise can be found at wholesale, closeout, liquidation, or attractive discount prices.
Confidentiality & Security
We keep each account holders personal information in our secure servers.
The HarryHines.com has specific tools that enable registered Buyers and Sellers to exchange merchandise information without disclosing their names, or the names of their company. All tools are set up to provide security and protection of each account holder.
Buyers or Sellers will remain anonymous throughout the secure transaction process.
All payments are made through a secure socket layer (SSL) that provides data encryption, server authentication, to ensure that the information you provide us is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals.
2. USER OBLIGATION
All account holders must abide by the User Agreement. Your account may be terminated if any of the User Agreement is violated. HarryHines.com reserves the right to review and verify the information provided in your registration and at its sole discretion, reject your account service.
2.1. User Password
After the approval of your registration, you will choose a username and a password. You agree that you are solely responsible for the usage and charges related to your account and usages. You agree to notify HarryHines.com immediately of any unauthorized use of your personal account, password, or username and any other breach of security related to your account and our services.
2.2. User Information
All account holders agree that all information provided in their registration is true and accurate, including but not limited to, the User’s legal name, address, phone number, fax number, e-mail address, and other personal and business information. Users agree to promptly notify HarryHines.com of any part of the user information. Changes to the shipping address must be made prior to the 24 hours of the purchase of the merchandise. User understands that the failure to provide accurate and complete information could lead to actions taken against you, including without limitation, the suspension or termination of your account and use of services. Each User agrees that email will be the primary method of communication on HarryHines.com.
HarryHines.com at our sole discretion, but not obligated to, monitor the content and information that are uploaded to any part of the site to determine the compliance of the terms and conditions of our User Agreement. HarryHines.com may intercept and disclose any content, record or any other information to the extent of carrying out the terms of this User agreement and to protect the rights of HarryHines.com. HarryHines.com reserves the right at our sole discretion to revise, edit, remove any part of the material uploaded to our site which we determine to violate any aspect of this User Agreement. HarryHines.com does not assume responsibility for verifying the content and information on its site and is not responsible for any damages, losses, expenses or other injuries incurred by any User or Account Holder as a result of any part of the activities on our site.
2.3 Multiple Seller Accounts
Only a single account will be allowed on HarryHines.com. Creating and using multiple accounts is strictly prohibited.
2.4 Divert HarryHines.com Customers
Do not include other web addresses, images or supporting information on any listings. Hyperlink to your site or any other site other than HarryHines.com site is strictly prohibited. Diverting HarryHines.com to other site is strictly prohibited.
3. SELLER OBLIGATIONS
3.1 Listing Information and Unlawful Merchandise
Sellers agree that all listed merchandise that they post on HarryHines.com are legal, legitimate and not stolen. Sellers agree that there will be no attempt to sell any type of illegal knock-off merchandise, counterfeit goods, drugs, guns, pornography, munitions, hazardous waste, and any items at our sole discretion, deemed to be unlawful, and selling such items may result in immediate termination of your account and possible further legal actions taken against you. All merchandise must be shipped out within 3-5 business days of the purchase. Any unreasonable late shipping may cause penalties and damages payable by the Seller.
3.2. Offer to Sell
Seller agrees that all merchandise listed is free and clear of any lien, security interest, leasehold interest, co-ownership interest. Furthermore, non of the listed items violate third party’s copyright, patent, trademark, or any other intellectual property or property rights. Incomplete sale of merchandise because of misrepresentation could result in damages payable to HarryHines.com for the business loss and any additional shipping costs incurred because of incorrect shipping information, the seller agrees to cover those costs.
3.3. Sellers Fee
Sellers agree to the Seller’s Fee of 7% without deduction or withholding on account of, taxes of any kind, which will be assessed after the closing of a transaction, plus 2.9% transaction fee will be charged by Paypal transaction. Furthermore the seller agrees that this percentage can be adjusted at any time by HarryHines.com management. Our rate compared to sites like Amazon is much lower on average to keep your business ahead of the competition.
Amazon collects the sales price and shipping costs from the buyer, deducts a referral fee of 6 to 25 percent of the product price, a variable closing fee, and a per-item fee of $0.99.
By the time the 6 to 25 percent of the product fee, a variable closing fee, and per-item fee of $.99, you could be paying as much as 30%+ on other sites.
4. BUYER OBLIGATIONS
4.1 Payment Time
At the time of purchase, Buyer agrees to make immediate payment for the total amount of the transaction, shipping costs and all duties and taxes if applicable, using payment methods provided through HarryHines.com upon listing close no later than 2 business days of the payment notification. If HarryHines.com does not receive payment within 2 business days, Buyer will be considered in default purchasing and will be responsible for penalty fees of $50 or 15% of the final transaction price, whichever is greater.
4.2. Asset Receipt and Inspection
After the close of a listing where the Buyer has made the purchase, the Buyer is required to make arrangements to pay for the merchandise. If the Buyer refuses shipment of merchandise upon arrival at their location, the buyer is responsible for the related shipping charges. After the purchase has been made, if the buyer refuses to make a full payment when there is an absence of a Seller Fraud, the Buyer is responsible for 10% penalty fee of the listed merchandise to the Seller.
5. PAYMENT COLLECTION AND FUNDS DISTRIBUTION
5.1 Dispute
At the close of transaction at which buyer makes a payment to the seller, the seller will be credited with the sale amount minus the Seller’s Fee. The actually distribution of funds will be after 12 business days for the Escrow Service. Except for the cases where the merchandise is sold “as is, where is” as stated in the listing, the Seller must reimburse the Buyer in the event of the Seller’s gross misrepresentation or non delivery of the merchandise, if Buyer files a valid dispute form within 2 business days of the Buyer’s receipt of the merchandise. Further formal dispute can be filed through the payment solution company(Paypal) that the transaction was completed through. If Buyer does not receive the merchandise within 10 business days, a complaint must be filed through File a Complaint link on HarryHines.com. Admin will stop the fund distribution process and will refund the money to the buyers if the merchandise does not arrive in 14 business days from the purchase.
In the even of a non-delivery or gross misrepresentation of the merchandise to a qualified Buyer, thus causing the incompleteness of the sale of the merchandise, the Seller could be liable for the damages payable to HarryHines.com up to a maximum amount of $15,000. If a Seller is not able to complete the transaction or ship the merchandise due to unforeseen circumstances, the Buyer cannot hold either the Seller or HarryHines.com liable for damages.
5.2 Escrow Service
All transaction will go through a free Escrow Service offered at HarryHInes.com HarryHines.com will hold all payments by the buyers and will hold it for 12 business days and will automatically fund the distribution to the sellers. If a dispute is filed on HarryHines.com within 10 business days, the fund distribution will be interrupted until it is resolved.
5.3 Performance
Sellers agree that they cannot hold HarryHines.com liable for Buyers failure to pay Sellers on their agreed price on a timely basis, HarryHines.com is a mere platform for Buyers and Sellers to get connected and cannot be hold liable for some of the account holders failing to perform to our terms of agreement.
5.4 Fraud
HarryHines.com may report any type of credit card fraud to the FBI and may prosecute offenders to the full extent of the law. This includes and case of charge back of the credit card and maintaining the possession of the merchandise by the Buyer.
6. NON-CIRCUMVENTION
Each account holders or users agree not to take part in any negotiation, communication, or transmitting any information of any type with other account holders in attempt to complete a sale of a merchandise outside of HarryHines.com’s platform. In the event a Seller completes a transaction outside of HarryHines.com’s platform within 12 months following the expiration of a Seller’s listing, Seller agrees that there is an obligation to immediately pay a Seller’s fee to HarryHines.com equal to 10% of the final gross transaction price. This shall apply to each User and their agents, representatives, including but not limited to employees, consultants, assignees, heirs, transferees or any other person or entity using HarryHines.com to get in contact with other account holders.
7. DISPUTE RESOLUTIONS
Any dispute between Buyer and Seller must be handled through payment solutions companies before taking any other action. Both parties may also choose to dispute in a cost effective way through non-appearance based arbitration. If arbitration were to be selected, both parties agree to choose established alternative dispute resolution provider, but must agree that; a) arbitration must be conducted by telephone, online or written submission chosen by the initiating party b) unless otherwise mutually agreed by both parties, arbitration will not involve any appearance in person c) chosen arbitrator’s judgment on the award may be entered in any court of jurisdiction.
8. MISCELLANEOUS
8.1. Interruption of Service
All account holders understand and agree that even though HarryHines.com take measures to make its Site and Services available, we will not be responsible for any damages or losses related to any system errors or interruptions affecting its Site and transactions of any listings. All Buyers and Sellers understand that the Site may be unavailable unexpectedly as a result of circumstances beyond our control. All Buyers and Sellers agree not to attempt any action that may compromise HarryHInes.com Site and Services.
8.2. Changes to Site and Services
HarryHines.com reserves the right, at our sole discretion to revise, suspend or terminate any aspect of our Site and Services, any part of the site content without notice.
8.3. Record Keeping
HarryHines.com does not necessarily keep historical sale of records.
All account holders and users are encouraged to keep individual records and accounting on all online activities on HarryHines.com.
8.4. Taxes
All account holders agree that HarryHines.com is not responsible to report, calculate, or determine the payment of any taxes that may be owed by any User in relation to the use of HarryHines.com and Services. All account holders understand that the User is solely responsibly for the accounting and payment of any taxes as a result of using HarryHines.com’s Site and Services.
8.5. No Agency
All account holders of HarryHines.com are independent contractors and not joint venture or franchise relationship.
8.6 HarryHInes.com is only a Platform
All account holders agree that HarryHines.com is only a platform where Buyers and Sellers are able to exchange information and facilitate transactions. HarryHines.com does not guarantee the quality, safety, condition, or ownership of the merchandise listed for sale on its Site and does not guarantee the accuracy of the listing information. All buyers should do their own due diligence such as using “Ask the Seller a Question” feature and closely examining each sellers’ feedback score. Furthermore, HarryHines.com does not guarantee Buyers or Sellers performance according to the Terms and Conditions and makes no guarantee of each account holder’s credit or accuracy of their identity.
ALL ACCOUNT HOLDERS AND USERS AGREE NOT TO HOLD HARRYHINES.COM, DIRECTORS, AFFILIATES, EMPLOYEES, ATTORNEYS, AGENTS, OR ITS OWNER LIABLE FOR ANY LOSS OR DAMAGE OF ANY TYPE AS THE RESULT OF USING THE SITE.
8.7. Communication
All communication is to be established through HarryHines.com’s messaging service and Contact Us link.
8.8. Indemnification
Each Account Holders or Users agree to release HarryHines.com, Directors, Officers, Employees, Agents, and the Owner from any type of claims, demands and damages, of every kind and nature and furthermore agree to defend, indemnify and hold harmless HarryHines.com, all its affiliates and the Owner against any expenses incurred as a result of any dispute between the Users and actions by Account Holders or Users using HarryHines.com and its services.
8.9. Third Party Links
HarryHines.com may contain links to other websites or resources related to the information and services. All Account Holder and Users agree that HarryHines.com is not responsible or liable for the accuracy of their sites or resources, content or their products and services. These links on HarryHines.com does not state that HarryHines.com’s endorsement of the linked site and all Users release any responsibility of HarryHines.com, its directors and the owner
8.10. Jurisdiction
This Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Texas. All Users agree to waive the right to trial by jury in regards to any claim, action, suit or proceeding arising out of this Terms and Conditions agreement. Furthermore Users agree to the exercise of personal jurisdiction in the State of Texas in relations with any dispute or claim involving HarryHines.com
8.11. Severability
If any service of this Agreement is declared to be invalid or unenforceable by a court of competent jurisdiction, then such services shall be enforced to the highest extent allowed and the remainder of this Terms and Conditions agreement shall continue in full effect.
8.12. Termination
All account holders agree that the terms and conditions of this User Agreement is a binding agreement between HarryHines.com and its Users until terminated by either HarryHines.com or the account holder. HarryHines.com reserves the right at our discretion to terminate, refuse the usage of Services and the Website by any person or entity. Upon termination, the user must immediately stop using HarryHines.com and its services.
8.13. Disclaimer of Warranties
ALL CONTENT, FUCTIONS, AND INFORMATION ON HARRYHINES.COM ARE PROVIDED ON “AS IS,” “AS AVAILABLE” BASIS. HARRYHINES.COM, its owner, director or any employees do not guarantee that all functionality will work without errors, or that it will be timely, secure, uninterrupted or that defects will be corrected. we make no warranty that the merchandise listed, or that the service will meet the expectations of the users. no advice or instructions received by user from Harryhines.com, its owner, directors, whether orally or in written form shall create warrnty of any kind. we disclaim any type of warranty related to the merchandise sold on harryhines.com or any of its services, and furthermore any type of responsibility of misrepresentation or unlawful act from any of the user on harryhines.com.
8.14. Limitation of Liability
HARRYHINES.COM, its owner, director or any employees AT ANY TIME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND FROM ANY INJURY TO ANY PERSON CAUSED BY MERCHANDISE LISTED OR ANY TYPE OF DEFECTS ON MERCHANDISE LISTED AND THE USAGE OF THE MERCHANDISE THERE OF. THIS INCLUDES THE CASE OF ANY USER OF OUR SITE BEING ADVISED OF POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, OUR TOTAL LIABILITY TO ANY USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL NOT EXCEED THE AMOUNT OF FEES BY THE USER TO HARRYHINES.COM IN RELATION TO THE DISPUTED MERCHANDISE.
8.15. Waiver
Any failure of HarryHines.com to exercise or enforce any part of this Terms and Conditions will not be deemed as a waiver of rights or agreement.
8.16. HarryHines.com’s logo and it’s domain name
HarryHines.com, its logo mark, domain name are owned by HarryHines.com and its owner. No display or use of them is allowed without the written permission from HarryHines.com and its owner.
8.17. Assignment
This Terms and Conditions agreement may not be assigned by any account holder to any other persons, firms or companies without written permission of HarryHines.com or its owner.
8.18. Entire Agreement
This Terms and Conditions agreement presents the entire agreement between the Account holder and HarryHines.com and it super-cedes any previous agreements, whether written, or oral. Furthermore, this agreement may be changed, revised, amended, or removed by HarryHines.com at any time at our sole discretion. Any changes to the agreement will be notified to the Account Holders prior to its amendment.
9. Non Exclusivity
All Account Holders understand and agree that HarryHines.com may sell same or similar type of merchandise as other sellers and none of the sellers selling same or similar merchandise is at an exclusive basis.
9.1 DISCLAIMERS
HARRYHINES.COM MAKES NO GUARANTEE OR WARRANTEE OF ANY KIND IN REGARDS TO THE MERCHANDISE OR ITEMS SOLD ON ITS SITE AND ALL USERS AGREE THAT ALL MERCHANDISE ARE BEING SOLD “AS IS” BASIS AND HARRYHINES.COM AND ITS OWNER SHALL BE RELEASED OF ANY FAULT, AND FORFEIT ANY RIGHTS TO CLAIMS RELATED TO THE MERCHANDISE AND THE SHIPMENT OF THE MERCHANDISE PURCHASED ON ITS SIGHT AGAINST HARRYHINES.COM.
Privacy Policy for the Online Marketplace – HarryHines.com
HarryHines.com uses the Account Holder’s information from the registration form to send out notification emails to Account holders from time to time. The customer’s information will never be sold or rented out to third parties. Users however, have options to opt-out during the registration or any time afterwards via written request via email.
HarryHines.com contains links to other sites and we are not responsible for the practices, privacy, validity of contents on each website.
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Contacting the Web Site
If you have further questions on our Terms and Conditions agreement, you may contact us at :
HarryHines.com
service@harryhines.com
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