Part of and incorporated by reference into the
Effective: April 16, 2020
Sphir is a marketplace that allows users to offer, sell, rent and buy almost anything. As used in this Commerce Policy, the sale of an item shall include all rentals, as applicable.
To offer and/or sell anything through the Website, you must set up a business account and provide all information we require to qualify your business to engage in commerce activity through the Website. All non-tangible items offered through Sphir must be uploaded to the Website.
All activity, including offering, selling or buying anything through the Website, must comply with the Sphir Policies, including without limitation this Commerce Policy, our Content and Behavior Guidelines, and our Card Guidelines. Our Commerce Policy provides certain explanations and examples of things that cannot be offered or sold through the Website. Sellers and buyers must comply with all applicable laws and regulations, and many not aid, promote, or conduct illegal activities.
We reserve the right to refuse a request to set up a business account, to disable or delete any seller’s account, and/ or to modify or remove any offered item, in whole or in part, in our sole discretion. We cannot guarantee that the Website will be available for commerce activities at all times. Listings may not be immediately searchable after you add them, and we do not control who sees your listings.
Buying and selling an item through the Website creates a contract directly between the seller and buyer; Sphir is not a party to such transactions. We may help facilitate the sale and distribution and/or the resolution of disputes, however, we are not responsible for these transactions and make no representations regarding them. This means, among other things, that we have no control over, and do not guarantee the existence, quality, safety, or legality of the items offered or sold, the truth or accuracy of any users’ Content or product listings, the ability of sellers to sell what is offered, the ability of buyers to pay for what they buy, or that a buyer or seller will actually complete a transaction or deliver or return any item, or address customer service issues to the buyer’s satisfaction.
As with all activity on the Website, commerce-related activity must not illegally discriminate against a person or group with regard to race, ethnicity, sexual orientation, gender, or disability, or otherwise. Listings must comply with all applicable laws prohibiting discrimination.
Commerce-related activities may not defraud other users, make false claims or affiliations, or make endorsements or offers (including promotions) that are not consistent with applicable law, involve offensive products or offers, or utilize overtly sexualized positioning, suggestive language or offensive images or graphics. Listings may not contain content that infringes upon or violates or misappropriates the intellectual property rights of Sphir or any third party, including copyrights or trademarks, or that promote or sell counterfeit items.
In addition to adhering to the terms of all Sphir Policies, business account users also agree to the terms and restrictions of our Commerce Vendors (defined below), which may include limitations on what can be sold or purchased through the Website. The following is a non-exhaustive list of some examples of items you are not permitted to offer, promote, sell, and/or buy through the Website:
Human exploitation, trafficking, prostitution, escort, or sexual services
Tobacco products and related paraphernalia
Body parts and fluids
Illegal, prescription, or recreational drugs or drug paraphernalia
Weapons, ammunition, or explosives
Real, virtual, or fake currency or financial instruments
Passports, identification documents, or government-issued documents
Gambling of any nature, including but not limited to gaming, betting, lotteries, raffles, casino, fantasy sports, bingo, poker, card games, pull-tabs, punchboards, sports pool boards, and sweepstakes
Hazardous goods, materials and substances
Government-regulated chemicals, substances, equipment, devices, or technology
Electronic devices that interfere with functionality of law enforcement
Unauthorized or unlicensed digital media
Any recommendation, endorsement, or testimonial on the Website must comply with the U.S. Federal Trade Commission’s (the “FTC”) .com Disclosures Guide, the FTC’s Native Advertising Guidelines, and the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, and any other guidelines issued by the FTC from time to time (“FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for recommending, discussing, or promoting a product or service on the Website, or if you are an employee of a company and you decide to recommend, discuss, or promote that company’s products or services on the Website, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You are solely responsible for any recommendations, endorsements or testimonials you make regarding any product or service on the Website.
If you offer any promotions, contests, or other giveaways (collectively, the “Promotions”), you agree to (a) ensure that the terms of the Promotions meet the requirements of the law; (b) clearly identify all terms, guidelines, qualifications, timeframes, and expectations of such Promotions; and (c) adhere to any promise made in your Promotions, given or implied. We do not endorse or directly monitor any Promotions or resolve any disputes related to Promotions. We do not have any liability relating to Promotions. By offering Promotions, you agree to take full and complete responsibility to determine and comply with the terms of your Promotions. If we find that you have violated any of the Sphir Policies in connection with a Promotion, we reserve the right to disable and/or delete your Promotion or listing and/or your account without liability.
In some cases, we may facilitate the delivery of digital items through the Website; however, we do not transfer legal ownership of any item from sellers to buyers. Unless the seller and buyer agree otherwise, Uniform Commercial Code Section 2-401(2) will apply to all sales of goods as defined thereunder.
If you obtain information about another user through the Website, you agree you will use that information only for the limited purpose of offering or selling permitted items to such other user in compliance with this Commerce Policy. You may not disclose, sell, rent, or distribute any other user’s information to a third party for purposes unrelated to your offer and/or sale of permitted items. Additionally, you may not use any user information for marketing purposes unless you obtain the consent of the specific user to do so.
Sellers are required to make buyers aware of their unique terms of service and privacy policies. Terms agreed between sellers and buyers shall not violate the Sphir Policies.
When buying or selling on Sphir, you agree to use third-party services or merchant processors we select from time to time to accommodate and process commerce transactions through the Website (each a “Commerce Vendor”), and to the terms of service of each such Commerce Vendor.
Because any sale made using the Website is a contract directly between the seller and buyer, Sphir expressly disclaims any and all liability arising from or related to commerce transacted through the Website. This means we will not be liable if any feature of the Website, including your ability to buy or sell, is unavailable for any reason for any length of time.
To offer and/or sell anything through the Website, you must set up a business account and provide all information we require to qualify your business to engage in commerce activity through the Website, and comply with all applicable terms and parameters we specify in the Sphir Policies or otherwise. When selling through the Website, you agree that:
You will set, adhere to, and be responsible for all terms of purchase, returns, and cancellations between you and your buyers.
You will upload all non-tangible items offered on Sphir to the Website.
You are solely responsible to ensure that all item listings are accurate.
Your listings will continue until you cancel them, and you are solely responsible to cancel your listing if the item is no longer available.
In the event your business account is deleted for any reason, Sphir may, for 36 months thereafter, maintain a copy of all audio, video, and electronic products sold through the Website, which we may make available to prior purchasers.
Your commerce transactions through the Website are subject to this Commerce Policy, all other Sphir Policies, and to the terms and restrictions of our Commerce Vendors.
When you establish a business account on the Website, you immediately gain access to a growing network of qualified potential buyers to which you can make your items and products available. We are proud to offer our sellers a competitive fee structure for all commerce activities through the Website. In exchange, we expect that sales promoted or offered on the Website be completed through the Website. We reserve the right to disable or delete any user account that directs more than de minimis sales to an external website.
When you offer an item for sale on the Website, you are responsible to pay our fees (the “Sphir Fees”) charged in connection with the sale of all items. When you set the sales price for any item you offer for sale, you will see what your net earnings will be from the sale of that item. The net earnings for items sold is calculated as the gross sales’ price of the item less the Sphir Fees.
The amount of the Sphir Fees may change from time to time and will be reflected when you list an item for sale
When selling through the Website, you are liable for and agree to pay any and all shipping and handling charges, taxes (including any income taxes), transaction fees, and similar third-party charges, including the Sphir Fees, arising from the sale of your items in compliance with all applicable laws and the (Sphir Policies
Our Commerce Vendors will collect and remit sales tax for sales made through the Website. You agree that in no event will we be liable for your failure to pay any shipping and handling charges, taxes, (including any income taxes), transaction fees, similar thirty-party charges, or the Sphir Fees owed by you. If you have questions about any of the charges, fees, or taxes applicable to your sales, please contact us at SellerServices@Sphir.io.
When determined by us, sellers may sell internationally through the Website. In connection with those sales, we may, from time to time, offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. In all cases, sellers and buyers are responsible for complying with all laws and regulations applicable to the international offer, sale, purchase, shipment, and/or delivery of items. The Sphir Fees may be higher for transactions that include a party located outside the United States.
As a seller, you further represent and warrant that prior to conducting commerce through the Website you have received, read, and understood the terms and restrictions of our Commerce Vendors, and acknowledge that such terms and restrictions apply to all Sphir commerce activities.
You further expressly authorize us to release your name and public contact information to any user that buys from you and to any law enforcement or governmental agency requesting such information.
When you set up your business account, you will need to provide your banking information. The net earnings for items sold through the Website will generally be deposited into your account approximately 14 days after the buyer pays. We may delay settlement of funds to a seller’s account in certain circumstances, including but not limited to situations related to a seller’s history, performance, returns, or the transaction’s value.
We may delete your business account if it has been inactive for at least five years.
If you have any questions about your business account, please contact us at SellerServices@Sphir.io.