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| 0 | StockX Terms And Conditions of Use Last Updated: February 4, 2026 These are the terms and conditions of use for https://stockx.com/ ("Site"). | 0 | StockX Terms And Conditions of Use July 2, 2026 These Terms and Conditions of Use apply to the Sites and Services (each as defined in Section 2 herein) we provide to you, whether as a guest or registered user. |
| 1 | The Site is operated by StockX LLC of 1046 Woodward Ave, Detroit, MI 48226 USA (“StockX,” “we,” “us”, or “our”) and is a live marketplace that allows users to research, buy and sell certain consumer goods. | 1 | The Services are operated by StockX LLC, located at 1046 Woodward Ave, Detroit, MI 48226 USA ("StockX," "we," "us," or "our"), and provide, among other things, a marketplace that allows users to research, buy and sell certain consumer goods. |
| 2 | These Terms and Conditions of Use, our Marketplace FAQs (the “FAQS”), and all other requirements posted on our websites, all of which are incorporated into these Terms and Conditions of Use by reference and as amended from time to time (collectively, “Terms”) describe the terms and conditions on which we provide our websites (the “Sites”), services, data, software, applications (including mobile applications) and tools (collectively “Services”) to you, whether as a guest or a registered user. | 2 | These Terms and Conditions of Use, together with our Marketplace FAQs (the "FAQs"), our Community Guidelines , Privacy Policy and all other policies and requirements posted on our Sites, each as amended from time to time and incorporated herein by reference (collectively, the "Terms"), govern your access to and use of our Services. |
| 3 | If you reside outside of the United States certain country-specific terms may apply to you which are set out in section 30 ("Country-Specific Terms"). | 3 | In these Terms, "you" and "your" refer to (a) the individual accessing and/or using the Services, (b) any electronic agent (including, without limitation, bots, APIs, AI or large language model-based tools, buy-for-me agents, or other automated software) accessing and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing and/or using the Services. |
| 4 | The Country-Specific Terms apply to the United Kingdom, Italy, European countries (including France and Germany), Japan and South Korea. | 4 | You are responsible for all actions taken through your account or by any such electronic agent. |
| 5 | The Country-Specific Terms will override the main Terms in the event of any inconsistency between the two. | 5 | Your access to and use of the Services are governed by the Terms, which constitute a legally binding agreement between you and StockX. |
| 6 | In these Terms, “you” and “your” refer to (a) you, the individual accessing and/or using the Services, (b) any electronic agent accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Sites and/or using the Services. | 6 | By accessing or using the Services, or accepting these Terms, you agree to be bound and abide by them in full. |
| 7 | Your use of the Sites and Services will be subject to these Terms and by using them you agree to be bound by them. | 7 | If you do not agree to these Terms, you must not use any portion of the Services. |
| 8 | These Terms create a legal contract between you and us. | 8 | Please read these Terms carefully. |
| 9 | Please read them carefully. | 9 | Also, StockX collects and processes personal data in accordance with its Privacy Policy, available at https://stockx.com/privacy . |
| 10 | We will collect and process personal data in accordance with our Privacy Policy https://stockx.com/privacy . | 10 | Please access and read our Privacy Policy carefully because by using our Services you also agree to be bound by our Privacy Policy. |
| 11 | By using our Sites and Services, or by clicking to accept these Terms, you accept and agree to be bound and abide by these Terms in full. | 11 | For all purposes, the English-language version of these Terms is the original and controlling agreement between the parties. |
| 12 | If you do not agree to these Terms, do not use our Sites or any portion of the Services. | 12 | In the event of any conflict between the English version and any translation, the English version shall prevail. |
| 13 | For all purposes, the English version of the Terms shall be the original, binding instrument and understanding of the parties. | 13 | If you reside outside the United States, additional country-specific terms may apply to you as set forth in Section 29 ("Country-Specific Terms"). |
| 14 | In the event of any conflict between the English version of the Terms and any translation into any other language, the English version shall prevail and control. | 14 | In the event of a conflict between the Country-Specific Terms and these Terms, the Country-Specific Terms shall control solely with respect to users in the applicable country. |
| 15 | These Terms contain provisions that govern how claims between you and us are resolved (see Section 14, Disputes with StockX below). | 15 | These Terms contain provisions that govern how claims between you and us are resolved (see Section 19, "Disputes with StockX"). |
| 17 | Unless you opt out, you will only be permitted to bring claims against us and seek relief on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. | 17 | Unless you opt out, you will only be permitted to bring claims against us and seek relief on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. 1. |
| 18 | As set out in the Country-Specific Terms, this clause regarding arbitration will not apply to certain countries. 1. | — | Removed |
| 20 | StockX may in our discretion change these Terms (including the FAQs or any policy) at any time, but if we do, we will place a notice on our Site. | 19 | StockX may in its discretion change the Terms (including the FAQs or any policy) at any time. |
| 21 | We may also send you an email and/or notify you by some other means. | 20 | We may notify you of such changes by email and/or other means. |
| 22 | Changes take effect on the date set out in the Terms. | 21 | Changes take effect on the date set forth in the Terms. |
| 24 | YOUR CONTINUED USE OF THE SITE AND/OR SERVICES AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. | 23 | YOUR CONTINUED USE OF THE SERVICES AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. |
| 25 | IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST CANCEL YOUR ACCOUNT AND NOT USE ANY PORTION OF THE SERVICES. | 24 | IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST DELETE YOUR ACCOUNT AND NOT USE ANY PORTION OF THE SERVICES. |
| 26 | The version of these Terms posted on our Sites on each respective date you visit the Sites will be the Terms applicable to your access and use of the Services on that date. | 25 | The version of these Terms posted on the Sites on each respective date you access or use the Services will be the Terms applicable to your access and use of the Services on that date. |
| 27 | Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms and the Privacy Policy that were in force on each respective date you visited the Sites. | 26 | Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms and the Privacy Policy that were in force on each respective date you accessed and used the Services. |
| 29 | About StockX Live Marketplace. | 28 | Definitions. |
| 30 | The Site and Services are intended for use only by persons who are at least 16 years of age. | 29 | The following capitalized terms have the meanings set forth below wherever they appear in these Terms. |
| 31 | By using the Site and Services you confirm that you meet this requirement and that, if you are under the age of 18 (or the age of legal majority where you live), you have received permission from your parent or guardian before using the Site and Services and may not list an item for sale. | 30 | Additional defined terms may be introduced in specific sections and shall have the meanings given to them in those sections. |
| 32 | StockX allows third party sellers to list and sell their products in a live marketplace on the Site and Services. | 31 | "Ask" means a binding offer placed by a Seller on the Marketplace to sell a specific item at a stated price. |
| 33 | Sellers' products will be made available for sale on all of our Sites and mobile applications . | 32 | "Bid" means a binding offer placed by a Buyer on the Marketplace to purchase a specific item at a stated price. |
| 34 | Sellers must create an account to sell items on the StockX platform (see Section 3). | 33 | "Buyer" means any user who purchases items through the Marketplace, whether by placing a Bid or using the "buy now" function. |
| 35 | Buyers may create an account or complete their purchase using guest checkout. | 34 | "Clip" means a short video segment created using live stream clipping tools provided through the Services. |
| 36 | Buyers and sellers can delete or deactivate their account by following the options available on our FAQ page, as updated from time to time. | 35 | "Contributions" means any ideas, suggestions, documents, or proposals submitted by a user to StockX. “Enforcement Actions” means any one or more of the following actions taken by StockX against a user: (a) charging applicable service fees, including a minimum fee of $15.00 USD or up to 15% of the applicable transaction amount; (b) removing listings, live streams, or active Bids; (c) cancelling pending orders; (d) withholding, offsetting, or refusing refunds or other payments owed to the user; (e) restricting buying, selling, or live shopping privileges; (f) charging the user's payment method for costs, expenses, and fees incurred by StockX, including costs associated with replacement items, coupons or gift certificates provided to the applicable Buyer, Live Buyer, or other affected user, administrative fees, and carrier charges; and (g) suspending or terminating the user's account. |
| 37 | Matching: Buyer may place bids, and seller may place asks on the platform for specific items. | 36 | "FAQs" means StockX's Frequently Asked Questions made available on the Sites. |
| 38 | If a seller uses the StockX platform to place an item for a fixed or minimum price, the seller makes a binding offer to conclude a contract for this item at this fixed or minimum price. | 37 | "Historical Data" means historical sales data, pricing information, and estimated values for items made available through the Services. |
| 39 | If a buyer uses the StockX platform to place a bid offering a fixed or maximum price for a specific item, the buyer makes a binding offer to conclude a contract for this item at this fixed or maximum price. | 38 | "Intellectual Property" means all patents, copyrights, trademarks, service marks, trade secrets, and other intellectual property owned or licensed by StockX. |
| 40 | You can learn more about bids and asks in our FAQs. Buy now: The buyer may also select the “buy now” function. | 39 | "Linked Websites" means third-party websites or social media platforms accessible via hyperlinks on the Services that are not owned or controlled by StockX. |
| 41 | If the buyer uses the “buy now” feature, which will attempt to automatically match a buyer with a seller at the lowest overall ask price, the contract will be concluded at the moment where the buyer clicks on the “Buy now” button and the transaction is successfully completed. | 40 | "Listings Marketplace" means the listings component of the Marketplace, as described in these Terms. |
| 42 | However, if the buyer accesses a product page through a sponsored listing, the buyer may not be matched with the lowest ask price. | 41 | "Live Buyer" means a user who purchases items, participates in a Promotion, or initiates any payment to a Live Seller through the Live Shopping Platform. |
| 43 | Sell now: If the seller uses the “sell now” feature, which will attempt to automatically match a seller with a buyer at the highest bid, the contract will be concluded at the moment where the seller clicks on the “Sell now” button and the transaction is successfully completed. | 42 | "Live Seller" means a user who offers for sale goods or products (whether by auction(s) or "buy now"), conducts a Promotion, collects tips from Live Buyers, or otherwise monetizes content through the Live Shopping Platform. |
| 44 | In these scenarios the contract is concluded between buyer and seller under the condition that the article has been verified by StockX, unless, however, the item is shipping directly from a StockX Verified Seller. | 43 | "Live Shopping Platform" means the live shopping component of the Services through which Live Sellers host live streams and conduct Live Transactions. |
| 45 | A further description of the live marketplace process and the rules applicable to buyers and sellers is available on our FAQ page, as updated from time to time. | 44 | "Live Transaction" means each transaction between a Live Seller and Live Buyer conducted through the Live Shopping Platform. |
| 46 | While StockX as the platform provider helps facilitate transactions that are carried out on the StockX platform, StockX is neither the buyer nor the seller of the seller's products. | 45 | "Marketplace" means the marketplace component of the Services (including the Listings Marketplace and the Verified Marketplace), through which Buyers and Sellers conduct Transactions. |
| 47 | StockX provides a venue for sellers and buyers to negotiate and complete transactions. | 46 | "Promotion" means any sweepstakes, contest, giveaway, or similar promotion conducted via the Services. |
| 48 | Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. | 47 | "Seller" means any user who lists and sells products through the Marketplace. |
| 49 | Although StockX might provide historical pricing data to the buyer and seller, we do not set prices for the items and StockX is not an auctioneer. | 48 | "Services" means the Sites and all other services, data, software, applications, products, services, and tools provided by StockX, including the Marketplace and the Live Shopping Platform. |
| 50 | StockX acts as a commercial agent to conclude the sale on behalf of each buyer and seller involved in each transaction. | 49 | "Sites" means the website located at https://stockx.com/ and the StockX mobile application, collectively. |
| 51 | Because sellers set prices, they may be higher than retail value of the products sold on our Site. | 50 | "StockX Credit" means non-cash credit issued by StockX to registered users, subject to the conditions described in Section 9. “StockX Verified Seller Program” means the portion of the Verified Marketplace through which a select group of Sellers approved by StockX in its sole discretion are authorized to ship items directly to Buyers upon completion of a Transaction, without routing items through StockX's verification process. |
| 52 | Any item valuations displayed through the Services are estimates only. | 51 | "Transaction" means each transaction between a Seller and a Buyer conducted through the Marketplace. |
| 53 | StockX does not guarantee that any item will sell. | 52 | "User Content" means any text, graphics, photos, or other materials or content provided by a user to StockX or submitted through the Services, including content created, streamed, or recorded through the Live Shopping Platform. “ Verified Marketplace ” means the component of the Services through which Buyers and Sellers conduct Transactions anonymously, with StockX serving as an intermediary for verification, fulfillment, or both, except in the case of the StockX Verified Seller Program. 3. |
| 54 | StockX reserves the right to investigate complaints and violations of these Terms and, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending a buyer or seller account and charging your payment method for costs we incur as a result of the violation. | 53 | About Our Services. |
| 55 | Although the Services are anonymous and we generally do not share your information with other buyers and sellers, we may share information, except where prohibited by applicable law in the relevant jurisdiction, with (1) tax authorities (2) buyers as required by law, or (3) law enforcement and/or brands, partners and professional advisers under an obligation of confidentiality about sellers or other individuals or entities who we believe may traffic in or attempt to traffic in counterfeit goods, or who otherwise violate law or these Terms in accordance with our Privacy Policy , and we may respond to all inquiries initiated by law enforcement or other governmental agencies. | 54 | The Services are intended for use only by persons who are at least 18 years of age. |
| 56 | The Services are accessible to certain international sellers and buyers. | 55 | By using the Services, you confirm that you meet this requirement. |
| 57 | StockX may provide access to certain features and tools to international sellers and buyers, such as estimated local currency conversion and integrated international shipping, customs and tax tools. | 56 | If you are under 18 years of age (or the age of legal majority in your jurisdiction), you represent that your parent or legal guardian has reviewed these Terms, consented to your use of the Services on your behalf, and agreed to be bound by these Terms. |
| 58 | Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. 3. | 57 | By permitting a minor to use the Services, a parent or legal guardian agrees to these Terms and accepts joint and several responsibility for all of the minor's conduct, transactions, and obligations arising under these Terms, including any financial liability. |
| 58 | Minors may not list items for sale or otherwise act as Sellers or Live Sellers on the Services. | ||
| 59 | The Services include (a) the Marketplace and (b) the Live Shopping Platform, each as described herein and made available by StockX. | ||
| 60 | StockX allows third party sellers to sell their products to third party buyers through its Services. | ||
| 61 | All items sold through our Services are either sent to StockX for verification or shipped directly to a Buyer or Live Buyer. | ||
| 62 | Unless a provision of these Terms expressly limits its application to the Marketplace or the Live Shopping Platform, all provisions apply equally to Sellers and Live Sellers, and to Buyers and Live Buyers, as applicable to their respective activities on the Services. | ||
| 63 | Where the Marketplace interface uses the term "Offer," it shall be construed as a "Bid" for purposes of these Terms. 4. | ||
| 60 | You may be required to create an account in order to access certain functions of the Site and Services. | 65 | Account Creation . |
| 61 | In order to create an account, you must use an email address and password or other account creation tools offered on the Services, such as a social media account. | 66 | Some features and functionality, including completing a Live Transaction, require you to create an account. |
| 62 | To offer items for sale (“Ask”) or offer to purchase items (“Bid”), you must create an account and have a valid credit card or other approved payment method on file with our third-party payment processors. | 67 | To create an account, you must use an email address and password or another account creation method made available through the Services. |
| 63 | You agree that we may charge your credit card or other payment method for amounts you owe as described in these terms, as well as any costs or losses arising from your violation of the Terms. | 68 | You may delete or deactivate your account by following the instructions set forth in our FAQs. Payment Method Requirements . |
| 64 | When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. | 69 | To place an Ask or a Bid, you must create an account and maintain a valid credit card or other approved payment method on file with our third-party payment processors. |
| 65 | If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. | 70 | You authorize StockX to charge your credit card or other payment method for any amounts you owe under these Terms, including any costs or losses arising from your violation of the Terms. |
| 66 | You agree to notify StockX immediately upon learning of any unauthorized use of your account or password, or any other unauthorized access or breach of security. | 71 | Account Security and Responsibilities . |
| 67 | However, you may be held liable for losses incurred by StockX or any other person or entity due to another person using your account or password. | 72 | When creating an account, you agree to provide accurate and complete information and not to register under a false name or age or use an unauthorized payment method. |
| 68 | You may not use any other user’s account or password at any time without the express permission and consent of the holder of that account or password. | 73 | You are responsible for maintaining the confidentiality of your account and credentials and for all activities that occur under your account. |
| 69 | You may not transfer or assign your account. | 74 | You agree to notify StockX immediately of any unauthorized access to or use of your account or password, or any other breach of security. |
| 70 | You are required to keep your contact information up to date with StockX. | 75 | You may be held liable for losses incurred by StockX or any other person or entity resulting from unauthorized use of your account or password. |
| 71 | From time to time, regulations may require you to provide, or StockX or its partners to verify, your contact information. | 76 | You may not use another user's account or password at any time without that user's express permission, and you may not transfer or assign your account to another person. |
| 72 | In such instances, your account may be suspended for failure to timely provide StockX with all relevant contact information. 4. | 77 | You are required to keep your contact information current. |
| 78 | From time to time, applicable laws or regulations may require you to provide, or StockX or its partners to verify, certain information about you. | ||
| 79 | Failure to timely provide StockX or its partners with all relevant information may result in suspension of your account. 5. | ||
| 74 | Fees for the Services, including applicable shipping fees, are described in our FAQ , as updated from time to time. | 81 | Fees and Promotional Codes . |
| 75 | StockX may sometimes furnish an alphanumeric code that can be used for promotions or discounts for purchases on our sites. | 82 | Fees for the Services are described in our FAQ s. |
| 76 | These promotional or discount codes may be sent via email to our registered users, presented on our Sites or circulated at events and through other means and, are subject to applicable promotional or discount terms. | 83 | StockX may furnish alphanumeric codes that may be used for promotional or discount purposes for purchases made through the Services. |
| 77 | As a seller you are responsible and agree to collect, pay, report and remit any and all local, state, provincial, federal, or international taxes (including VAT and sales tax) that may be due by you with respect to your sales transaction, and as a buyer you agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due by you with respect to your purchase transaction. | 84 | Such codes may be distributed via email to registered users, displayed on our Services, or circulated at events or through other means, and are subject to applicable promotional or discount terms. |
| 78 | You agree that StockX is not responsible for reporting, collection or payment of any taxes on your behalf except for jurisdictions where StockX is required as a marketplace facilitator. | 85 | Tax Obligations . |
| 79 | In accordance with the Privacy Policy and only to the extent necessary to complete a transaction, you agree to provide StockX with all relevant tax information which StockX may provide to any tax authority in connection with payments you receive from us and where applicable further authorize StockX to release that information to such tax authority or other competent governmental body. | 86 | You are responsible for collecting, paying, reporting, and remitting any taxes applicable to your sales, and for paying any taxes applicable to your purchases. |
| 80 | Your account may be suspended for failure to provide StockX with all relevant tax information to support filings to the appropriate tax authority. 5. | 87 | You agree that StockX is not responsible for the collection, reporting, or payment of any taxes on your behalf, except in jurisdictions where StockX is required by law to act as a marketplace facilitator. |
| 81 | Verification; Shipping and Handling. | 88 | Tax Information Disclosure . |
| 82 | As part of the purchase transaction, the seller will ship the item to StockX. | 89 | In accordance with our Privacy Policy and solely to the extent necessary to comply with applicable law or regulations, you agree to provide StockX with all relevant tax information. |
| 83 | If StockX determines the item meets our verification standards, StockX will ship the item to the buyer. | 90 | StockX may disclose such information to applicable tax authorities or other competent governmental bodies in connection with payments made to you. |
| 91 | Failure to provide StockX with all relevant tax information may result in an Enforcement Action. 6. | ||
| 92 | Marketplace Transactions. | ||
| 93 | How Transactions Work. | ||
| 94 | Bids and Asks: A Buyer may place Bids, and a Seller may place Asks on the Marketplace for specific items. | ||
| 95 | If a Seller uses the Marketplace to place an Ask offering a fixed or minimum price for a specific item, the Seller makes a binding offer to conclude a contract for this item at this fixed or minimum price. | ||
| 96 | If a Buyer uses the Marketplace to place a Bid offering a fixed or maximum price for a specific item, the Buyer makes a binding offer to conclude a contract for this item at this fixed or maximum price. | ||
| 97 | You can learn more about Bids and Asks in our FAQs . | ||
| 98 | Buy now: The Buyer may also select the "buy now" function on the Marketplace. | ||
| 99 | If the Buyer uses the "buy now" feature, which will attempt to automatically match a Buyer with a Seller at the lowest overall ask price currently available, the contract will be entered into at the moment where the Buyer clicks on the "buy now" button and completes the checkout process. | ||
| 100 | However, if the Buyer accesses a product page through a sponsored listing, the Buyer may not be matched with the lowest ask price, and may instead be matched with the applicable sponsored listing price. | ||
| 101 | Sell now: If the Seller uses the "sell now" feature on the Marketplace, which will attempt to automatically match a Seller with a Buyer at the highest bid currently available, the contract will be entered into at the moment where the Seller clicks on the "sell now" button and completes the checkout process. | ||
| 102 | StockX's Role. | ||
| 103 | StockX operates the Marketplace and facilitates Transactions between Buyers and Sellers. | ||
| 104 | Except in limited instances where StockX is the Seller, StockX is not a party to the Transaction and acts solely as the operator of the Marketplace. | ||
| 105 | Accordingly, any contract formed upon the completion of a sale for a product listed by a third-party Seller is solely between the applicable Buyer and Seller. | ||
| 106 | In Transactions, the contract between the Buyer and Seller is concluded subject to StockX's verification of the item, except where the item is shipped directly to the Buyer or otherwise does not undergo StockX verification. | ||
| 107 | StockX acts as a commercial agent for the limited purpose of facilitating the conclusion of sales between Buyers and Sellers. | ||
| 108 | Sellers independently determine the prices at which they offer products for sale, and such prices may exceed the original retail price of the applicable products. | ||
| 109 | Although StockX may make Historical Data available through the Services, StockX does not guarantee the accuracy of any Historical Data, does not guarantee that any item will sell, and is not an auctioneer. | ||
| 110 | StockX reserves the right to investigate complaints, suspected misconduct, and violations of these Terms and, to the extent permitted by applicable law, to take any action it deems appropriate, including any Enforcement Action. | ||
| 111 | User Information and Disclosure . | ||
| 112 | Although the Verified Marketplace is generally anonymous and StockX does not generally share user information between Buyers or Sellers, StockX may disclose user information to (i) tax authorities, (ii) users as required by law or in connection with the StockX Verified Seller Program, or (iii) law enforcement agencies, brands, partners, or professional advisers (each under an obligation of confidentiality) in connection with investigations into counterfeit goods, unlawful conduct, or violations of laws or these Terms, in accordance with our Privacy Policy. | ||
| 113 | StockX may respond to inquiries initiated by law enforcement, brands seeking to protect or enforce their intellectual property rights, or other governmental agencies. | ||
| 114 | Listings Marketplace — Public Profiles . | ||
| 115 | Notwithstanding the foregoing, the Listings Marketplace may enable Sellers to publish and maintain public profiles and listings, including product images and descriptions, that are visible to other users. | ||
| 116 | By using the Listings Marketplace, Sellers acknowledge and agree that information they choose to include in their public profiles, listings, storefronts, or other publicly accessible areas of the Marketplace may be displayed to and viewed by other users. | ||
| 117 | Listings Marketplace — User Responsibilities . | ||
| 118 | Buyers and Sellers using the Listings Marketplace are solely responsible for the Transactions, including item descriptions, pricing, fulfillment, warranties, and compliance with applicable law. | ||
| 119 | In connection with Transactions facilitated through the Listings Marketplace, StockX may share information between Buyers and Sellers as reasonably necessary to facilitate, fulfill, ship, service, support, or resolve issues relating to an order. | ||
| 120 | Such information may include names, usernames, shipping information, order details, and other information reasonably necessary for Transaction fulfillment and related customer support activities, as determined solely by StockX. | ||
| 121 | Buyers and Sellers may use such information only for purposes related to the applicable Transaction and in accordance with applicable law, these Terms, and any other policies made available by StockX. 7. | ||
| 122 | Verification. | ||
| 123 | Marketplace Verification . | ||
| 124 | As part of a Transaction, the Seller may ship the item to StockX for verification. | ||
| 125 | Items sold through the Verified Marketplace, excluding items sold through the StockX Verified Seller Program, are subject to StockX's verification process in accordance with these Terms. | ||
| 126 | For items sold through the Listings Marketplace or StockX Verified Seller Program, the Seller will ship the item directly to the Buyer and the item will not undergo StockX's verification process. | ||
| 127 | However, for select items sold through the Listings Marketplace, the Buyer may affirmatively select optional verification at the time of the Transaction. | ||
| 128 | If optional verification is not selected, StockX does not verify the item, and the Buyer purchases the item in reliance on the Seller’s representations. | ||
| 129 | If optional verification is selected, the Buyer will be charged additional fees payable to StockX, as described in the FAQs . | ||
| 130 | Verification Outcomes . | ||
| 131 | If StockX determines that the item meets its condition and quality standards (the "Verification Standards"), StockX will ship the item to the applicable Buyer. | ||
| 132 | If StockX determines that the item does not meet its Verification Standards, StockX will notify the Buyer and the Seller and will issue a refund to the Buyer. | ||
| 85 | If we determine that it does not meet our verification standards, then we will notify the buyer and the seller that the item has not passed verification and will issue a refund to the buyer. | 134 | StockX's Right to Reject Items. |
| 86 | Additionally, StockX has the right to reject any item for any reason, including but not limited to, authenticity, failure to meet our condition standards, or damage of the item (the “Condition Standards”). | 135 | StockX reserves the right, in its sole discretion, to reject or decline to process any item at any time for any reason or no reason, including, without limitation, concerns regarding authenticity, condition, damage, intellectual property, legal or regulatory compliance, fraud, risk management, reputational risk, or violations of these Terms. |
| 87 | Once we receive the item from the seller it generally takes 1-2 business days for us to verify the item and ship it to a buyer. | 136 | StockX has no obligation to provide a reason for any rejection. |
| 88 | This paragraph is not applicable to orders which ship directly from a StockX Verified Seller (“Verified Seller Orders”). | 137 | If an item is rejected, StockX will use commercially reasonable efforts to return the item to the Seller at the Seller's expense; provided, however, that StockX reserves the right to dispose of, deliver to law enforcement, or take any other action with respect to any item that StockX suspects to be counterfeit, unlawful, or otherwise subject to the remedies described in Section 13. |
| 89 | Verified Seller Orders must also meet the Condition Standards. | 138 | StockX shall have no liability to any Seller, Live Seller, Buyer, or Live Buyer arising from the rejection of any item or the exercise of any right under this Section 7. 8. |
| 90 | You can learn more about our Verified Seller program in our FAQs. StockX policy requires sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase. | 139 | Marketplace Seller Terms. |
| 91 | However, because StockX cannot control the amount of time it takes for the item to reach StockX, we cannot guarantee a specific delivery timeframe for any items and therefore, buyer is not permitted to cancel the purchase if the item does not ship from the seller within the specified timeframe in the sale confirmation email after purchase. | 140 | Listing and Transaction Obligations . |
| 92 | If a buyer does not receive an item, the buyer shall promptly report the issue to StockX within 2 days of the latest estimated delivery date. | 141 | Sellers must create an account to list items for sale on StockX. |
| 93 | StockX has the right, in our sole and absolute discretion to refuse to accept returns or other refunds and/or to charge restocking fees for returned or abandoned items. | 142 | By listing an item for sale on the Marketplace for your desired Ask, you are making a binding offer to sell that specific item to a Buyer at the Ask price. |
| 94 | If a buyer or seller refuses to accept delivery of a package sent to his/her address on file, StockX will consider the property abandoned after thirty (30) days and may charge the buyer or seller StockX’s reasonable expenses incurred due to such refusal to accept delivery. 6. | 143 | When a Buyer accepts your Ask, you are legally bound and obligated to deliver that exact item at the specified price. |
| 144 | Sellers must ship items using the shipping carrier designated by StockX and within the timeframe stated in the applicable sale confirmation email. | ||
| 145 | Sellers must obtain and retain a shipment receipt from the shipping carrier. | ||
| 146 | Items must be shipped from the country associated with your address on file. | ||
| 147 | StockX will provide you with a shipping label or shipping instructions once your Ask is matched. | ||
| 148 | In the event a label is provided, Sellers must use it to ship the applicable item. | ||
| 149 | If shipping costs exceed the prepaid label amount for some reason, the Seller may be solely responsible for the additional cost to ship the item. | ||
| 150 | Sellers are responsible for monitoring their inventory and ensuring that all listings are accurate. | ||
| 151 | Once a Bid and Ask are matched, a Seller may not cancel the transaction. | ||
| 152 | Seller Obligations. | ||
| 153 | All Sellers are responsible for ensuring that listed items accurately match the description and image(s) on the product page associated with their Ask and comply with applicable condition standards. | ||
| 154 | Listings Marketplace — Additional Seller Obligations . | ||
| 155 | Sellers using the Listings Marketplace are solely responsible for the accuracy of item descriptions, images, condition, and authenticity, and items must match the description and images displayed at the time of listing. | ||
| 156 | Sellers using the Listings Marketplace may not solicit or accept payment outside of the Services or otherwise circumvent StockX's payment processing. | ||
| 157 | Enforcement. | ||
| 158 | If a Seller fails to deliver an item, ships incorrectly, or otherwise violates these Terms, StockX may take any Enforcement Action. | ||
| 159 | StockX may also, in its sole discretion, delist suspected counterfeit, stolen, or unlawful items at any time. | ||
| 160 | Payments . | ||
| 161 | StockX will issue payment to Sellers within a reasonable time following completion of the sale. | ||
| 162 | Applicable fees are disclosed when your Ask is established and in related notifications (including confirmation emails). | ||
| 163 | StockX may collect amounts you owe by offsetting such amounts against your outgoing payouts. | ||
| 164 | You may elect to have charges collected from a stored payment method designated as primary in your Wallet. | ||
| 165 | You must maintain a valid payment method. | ||
| 166 | If StockX is unable to collect payment from a stored payment method, StockX may re-enable collection of amounts owed by offsetting against your outgoing payouts and restrict future changes to your payment settings. | ||
| 167 | Listings Marketplace Returns . | ||
| 168 | StockX may permit or require Sellers through the Listings Marketplace to directly handle refund and return requests through the functionality of the Services. | ||
| 169 | In such cases, the Seller will bear full responsibility for refunds and must comply with the return policy. | ||
| 170 | Sellers are also required to accept Buyer Promise returns. | ||
| 171 | For clarity, StockX is not responsible for, and has no duty to monitor, Sellers’ handling of refunds or returns through the Listings Marketplace but reserves the right to intervene, suspend Seller’s access to the Services, or assume control of refunds where required by law, policy, or platform integrity. | ||
| 172 | To the extent StockX provides a refund, credit, reimbursement, or other compensation to a Buyer arising out of or relating to a Seller's transaction, StockX may recover such amounts, and any associated fees, costs, and expenses, from the Seller, including by offsetting amounts otherwise payable to the Seller. | ||
| 173 | If a Seller refuses to accept delivery of a package returned to their address on file, StockX may deem the property abandoned after thirty (30) days and may charge the applicable user for reasonable expenses incurred due to such refusal to accept delivery. 9. | ||
| 174 | Marketplace Buyer Terms. | ||
| 175 | Purchasing and Payment . | ||
| 176 | To be eligible to purchase items through the Marketplace, you must have a valid billing address and shipping address in a country supported by StockX. | ||
| 177 | A current list of supported countries is available at Available Countries . | ||
| 178 | If your shipping address is outside the United States, you are responsible for all customs duties, taxes, fees, and compliance with import requirements, and you authorize StockX to appoint an agent to submit customs declarations on your behalf. | ||
| 179 | You may create an account or complete a purchase using guest checkout through the Marketplace. | ||
| 180 | Once an account is created, you may place a Bid on an item offered for sale. | ||
| 181 | When your Bid matches a Seller's Ask, you are legally obligated to purchase the item and authorize StockX to charge your designated payment method for the Ask price. | ||
| 182 | In general, StockX charges your payment method at the time of purchase and releases payment to the Seller once the Transaction is completed. | ||
| 183 | You may be required to pay additional fees disclosed at the time you place your Bid. | ||
| 184 | If your payment fails or you otherwise violate these Terms, StockX may take any Enforcement Action. | ||
| 185 | A Buyer may not cancel a purchase solely because an item does not ship or arrive within the estimated timeframe specified in the sale confirmation email. | ||
| 186 | Because StockX does not control shipping carriers or transit times, StockX does not guarantee delivery by any specific date. | ||
| 187 | If a Buyer does not receive an item or receives an incorrect item, the Buyer must notify StockX or the Seller (if applicable) within two (2) days after the latest estimated delivery date. | ||
| 188 | If a Buyer refuses to accept delivery of a package sent to their address on file, StockX may deem the property abandoned after thirty (30) days and may charge the applicable user for reasonable expenses incurred due to such refusal to accept delivery. | ||
| 189 | Returns . | ||
| 190 | Verified Marketplace Returns. | ||
| 191 | If an item is eligible for return, it will be clearly labeled during checkout and in your Buying History in your Account Profile. | ||
| 192 | Upon receipt, we will inspect the returned item to confirm eligibility. | ||
| 193 | All returns for Verified Marketplace purchases are reviewed, processed and administered by StockX. | ||
| 194 | StockX reserves the right, in its sole discretion and to the extent permitted by law, to refuse to accept returns or refunds and to charge restocking or handling fees for returned or abandoned items. | ||
| 195 | You can learn more about returns in our FAQs. If a return is accepted, StockX will issue StockX Credit equal to the amount you paid for the item, less the original shipping costs. | ||
| 196 | If a return is rejected, we may require you to pay the return shipping costs. | ||
| 197 | Listings Marketplace Returns . | ||
| 198 | Items purchased through the Listings Marketplace may also be eligible for refund and return. | ||
| 199 | Buyers should visit our FAQs to learn more about how to initiate returns for items purchased through the Listings Marketplace. | ||
| 200 | Buyer Promise Returns . | ||
| 201 | In addition to the return policies described above, items sold through the Marketplace are also backed by our Buyer Promise. | ||
| 202 | You can learn more about our Buyer Promise in our FAQs . | ||
| 203 | Final Sale Items. | ||
| 204 | For items designated as "not eligible for returns" on the product page, all sales are final once the item is verified (if applicable) and delivered, and no refunds will be issued. | ||
| 205 | StockX Credit. | ||
| 206 | Certain items are eligible for return in exchange for StockX Credit. | ||
| 207 | StockX Credit is available only to registered users and may not be purchased or redeemed for cash. | ||
| 208 | StockX Credit expires twelve (12) months after it is issued, is nontransferable, and may not be used to place a Bid. | ||
| 209 | If your purchase exceeds your available StockX Credit balance, you must provide a valid payment method for the remaining amount. | ||
| 210 | If your account is suspended, your StockX Credit may also be suspended and, if not reinstated prior to expiration, may be forfeited in StockX's sole discretion. | ||
| 211 | Resale No Fee Program. | ||
| 212 | You may resell eligible items purchased on StockX, and we will waive applicable seller fees if the item is resold within 90 days of delivery. | ||
| 213 | Additional details regarding the Resell No Fee Program are available in our FAQs . 10. | ||
| 214 | Live Shopping Overview. | ||
| 215 | LIVE SHOPPING PLATFORM DISCLAIMER . | ||
| 216 | STOCKX PROVIDES A TECHNOLOGY PLATFORM THAT FACILITATES LIVE TRANSACTIONS BETWEEN LIVE BUYERS AND LIVE SELLERS AND IS NOT A PARTY TO ANY AGREEMENT BETWEEN LIVE BUYERS AND LIVE SELLERS, EXCEPT IN THE LIMITED INSTANCES WHERE STOCKX IS EXPRESSLY IDENTIFIED AS THE LIVE SELLER. | ||
| 217 | NOTWITHSTANDING THE FOREGOING, STOCKX MAY FACILITATE PAYMENT COLLECTION, SHIPPING, AND OTHER ADMINISTRATIVE SERVICES IN CONNECTION WITH LIVE TRANSACTIONS. | ||
| 218 | Live Shopping Platform . | ||
| 219 | The Live Shopping Platform enables Live Sellers to host live streams through which Live Buyers may participate in live auctions, make buy-now purchases, and enter Promotions. | ||
| 220 | Users must create an account in order to complete a Live Transaction, access the chat feature, or use certain functionality of the Live Shopping Platform. | ||
| 221 | Live Sellers and Live Buyers are solely responsible for the Live Transaction, including without limitation item descriptions, pricing, fulfillment, warranties, and compliance with applicable law. | ||
| 222 | Items sold through Live Transactions are not subject to StockX's verification process, unless the Live Buyer affirmatively selects optional verification at the time of purchase. | ||
| 223 | Geographic Limitation. | ||
| 224 | The Live Shopping Platform is available only to users located in the United States. | ||
| 225 | By accessing or using Live Shopping features, you represent and warrant that you are located in the United States. | ||
| 226 | Promotion Guidelines. | ||
| 227 | Live Sellers may conduct Promotions through the Live Shopping Platform, subject to applicable law. | ||
| 228 | If a Live Seller chooses to run, host, or communicate any Promotion on or through the Services, the Live Seller (and not StockX) is solely responsible for compliance with all applicable laws, rules, and regulations governing the Promotion and any prizes offered. | ||
| 229 | This includes, without limitation, compliance with requirements relating to eligibility (including age and residency restrictions), official rules, disclosures, marketing and advertising, registration and regulatory approvals, prize fulfillment, and all applicable tax laws and reporting obligations. | ||
| 230 | Promotions must be conducted in a lawful manner at all times. | ||
| 231 | StockX does not sponsor, endorse, or administer Promotions and does not provide legal or regulatory guidance to Live Sellers in connection with Promotions. | ||
| 232 | Live Sellers operate Promotions at their own risk and must comply with these Terms and any applicable guidelines when running a Promotion through the Services. | ||
| 233 | StockX reserves the right to remove, restrict, or require modification of any Promotion that violates applicable law or these Terms. | ||
| 234 | Title to and ownership of each Promotion item passes directly from Live Seller to the recipient, and StockX does not take title to or own any Promotion item. | ||
| 235 | StockX will provide the shipping label and may coordinate fulfillment logistics for Promotions. | ||
| 236 | Any shipping, postage, handling, or fulfillment charges may be invoiced separately by StockX to Live Seller. | ||
| 237 | Any fees charged by StockX in connection with Promotions relate solely to shipping, fulfillment, logistics, and administrative services, and not to the sale or transfer of the Promotion item itself. | ||
| 238 | Live Seller is solely responsible for all taxes, reporting obligations, and legal compliance relating to the Promotions and its transfer to the recipient. | ||
| 239 | StockX shall have no responsibility or liability for any such taxes or obligations. | ||
| 240 | Additional details regarding Promotions are available in our FAQs . 11. | ||
| 241 | Live Buyer and Seller Terms. | ||
| 242 | Live Seller Terms . | ||
| 243 | Auctions. | ||
| 244 | Live Sellers may host live auctions through the Services. | ||
| 245 | The auction rules governing bidding, including bid acceptance, withdrawal or cancellation, eligibility, and conditions of sale, may vary by auction and are determined solely by the Live Seller, subject to these Terms. | ||
| 246 | Live Sellers act as the auctioneers for their auctions and have sole authority over completion of sales. | ||
| 247 | StockX does not set bidding rules, determine auction outcomes, or guarantee completion of any auction, except to enforce platform functionality, integrity, or compliance with these Terms. | ||
| 248 | StockX may cancel or intervene in a Live Transaction to, among other things, address technical errors, platform malfunctions, or clear bidding mistakes. | ||
| 249 | Buy Now. | ||
| 250 | Live Sellers may offer items using a "buy now" feature during a live stream. | ||
| 251 | Prices are set exclusively by the Live Seller. | ||
| 252 | Upon use of the "buy now" feature, StockX will charge the Live Buyer's payment method and, subject to successful payment and completion of the Live Transaction, remit funds to the Live Seller in accordance with these Terms. | ||
| 253 | StockX as Limited Payment Collection Agent. | ||
| 254 | Each Live Seller appoints StockX as its limited payment collection agent solely for the purpose of receiving, holding, and settling payments from Live Buyers. | ||
| 255 | StockX assumes no liability for any acts or omissions of the Live Seller in connection with this limited agency. | ||
| 256 | Payment received by StockX from a Live Buyer on a Live Seller's behalf satisfies the Live Buyer's payment obligation in full, and Live Seller must fulfill the applicable order as if payment had been received directly. | ||
| 257 | StockX's obligation to remit funds to a Live Seller is conditioned upon: (i) successful order fulfillment by the Live Seller; (ii) receipt and settlement of the associated payment from the Live Buyer; and (iii) the absence of any suspected or actual misrepresentation, fraud, violation of these Terms, or payment-related dispute. | ||
| 258 | StockX may, in its reasonable discretion, withhold, delay, or offset payment where a transaction is subject to a chargeback, ACH return, payment dispute, policy investigation, suspected fraud, misrepresentation of goods, or other activity presenting risk to StockX, Live Buyers, or the integrity of the Live Shopping Platform. | ||
| 259 | If StockX fails to remit payment as required, Live Seller's recourse is against StockX only and not against the Live Buyer. | ||
| 260 | Emergency Safety Obligations. | ||
| 261 | By participating on the Live Shopping Platform, a Live Seller acknowledges that StockX may suspend or terminate any live broadcast, without notice or liability, if StockX believes an emergency or risk to personal safety exists, and may disclose user's registered address, account information, or other relevant information to law enforcement or emergency responders where StockX determines such disclosure is necessary to prevent or respond to a threat to life or safety. | ||
| 262 | Live Seller also agrees to cooperate with any related investigation conducted by StockX or applicable authorities. | ||
| 263 | Live Seller Obligations: Application. | ||
| 264 | If a user wishes to sell items on the Live Shopping Platform, the user must apply to be a Live Seller by following the instructions made available through the Services and providing all requested information. | ||
| 265 | All information provided must be current, complete, accurate, and not misleading. | ||
| 266 | StockX may approve or reject a user's application in its sole discretion and may revoke Live Seller approval at any time. | ||
| 267 | Item Descriptions. | ||
| 268 | Live Sellers are solely responsible for the accuracy of item descriptions, categorization, images, condition, and authenticity. | ||
| 269 | Items must exactly match the description and images displayed during the live stream. | ||
| 270 | Any inaccuracy or misrepresentation, whether through negligence or deliberate action, including as to condition or authenticity of an item, may, at the sole discretion of StockX, result in penalties or Enforcement Actions. | ||
| 271 | StockX has no obligation to remit payment for or return items that fail to conform to the Live Seller's description of such items. | ||
| 272 | In the event StockX returns or disposes of an item, Live Seller is responsible for any taxes and fees associated with such return or disposal. | ||
| 273 | StockX may, in its sole discretion, deliver suspected counterfeit, stolen, or unlawful items to law enforcement or the applicable brand, and the Live Seller remains responsible for all associated costs. | ||
| 274 | Shipping. | ||
| 275 | Upon completion of a Live Transaction, the applicable Live Seller must ship the applicable item in accordance with StockX's shipping policies, as described in the FAQ s. | ||
| 276 | Live Sellers are required to ship items within the timeframe specified by StockX policy. | ||
| 277 | StockX will provide a prepaid shipping label directly or through a third-party service provider. | ||
| 278 | In the event a label is provided, Live Sellers must use it to ship the applicable item. | ||
| 279 | If shipping costs exceed the prepaid label amount for some reason, the Live Seller may be solely responsible for the additional cost to ship the item. | ||
| 280 | Failure to comply with the shipping policies may result in penalties or Enforcement Actions. | ||
| 281 | No Circumvention. | ||
| 282 | Live Sellers agree to receive payments for Live Transactions only through the payment methods and processors designated by StockX. | ||
| 283 | Live Sellers may not solicit or accept payment outside of the Services or otherwise circumvent (or attempt to circumvent) StockX's payment processing. | ||
| 284 | Live Sellers agree to promptly report any offer or solicitation to circumvent the payment processing by contacting us at our help page. | ||
| 285 | Refunds and Returns. | ||
| 286 | StockX may permit or require Live Sellers to directly handle refund and return requests through the functionality of the Services. | ||
| 287 | In such cases, Live Seller will bear full responsibility for refunds and must comply with the return policy. | ||
| 288 | Live Sellers are also required to accept Buyer Promise returns; you can learn more about our Buyer Promise in our FAQs . | ||
| 289 | For clarity, StockX is not responsible for, and has no duty to monitor, Live Sellers' handling of refunds or returns but reserves the right to intervene, suspend Live Seller's access to Live Buyers, or assume control of refunds where required by law, policy, or platform integrity. | ||
| 290 | Enforcement. | ||
| 291 | StockX may impose any Enforcement Action on Live Sellers who violate these Terms. | ||
| 292 | Live Buyer Terms Eligibility and Account Requirements . | ||
| 293 | You must create an account to complete a purchase on the Live Shopping Platform. | ||
| 294 | To be eligible to purchase through the Live Shopping Platform, you must have a valid payment method, billing address, and shipping address within the United States on file. | ||
| 295 | Payment Collection Agent . | ||
| 296 | Although StockX is not a party to the agreement between the Live Buyer and the Live Seller, StockX acts as the Live Seller's payment collection agent solely for the limited purpose of accepting payments on the Live Seller's behalf. | ||
| 297 | Upon making a payment to StockX, your payment obligation to the Live Seller is extinguished, and StockX is responsible for remitting the payment to the Live Seller. | ||
| 298 | If StockX does not remit such payment to the Live Seller, the Live Seller's recourse is against StockX only and not against you. | ||
| 299 | Making a Live Shopping Purchase . | ||
| 300 | When you complete a Live Transaction, you must pay the applicable transaction amount, including all applicable fees and taxes. | ||
| 301 | In general, StockX charges your payment method at the time of purchase and, once the Live Transaction is complete, remits payment to the Live Seller. | ||
| 302 | Additional fees may apply as disclosed at the time you place a bid or complete a Live Transaction. | ||
| 303 | Fees and taxes applicable to Live Transactions are described in our FAQs. Optional Verification . | ||
| 304 | Items sold through Live Transactions do not go through StockX's verification process unless the Live Buyer affirmatively selects optional verification at the time of purchase. | ||
| 305 | If optional verification is not selected, StockX does not verify the item, and you purchase the item in reliance on the Live Seller's representations. | ||
| 306 | You can learn more about optional verification, including any associated fees, in our FAQs . | ||
| 307 | Shipping and Delivery . | ||
| 308 | Applicable shipping fees will be disclosed at checkout and reflected on your receipt. | ||
| 309 | Additional information regarding shipping options, fees, and related expenses is available in our FAQs . | ||
| 310 | A Live Buyer may not cancel a Live Transaction solely due to a delay in shipment or delivery. | ||
| 311 | If you do not receive your item or receive an incorrect item, you must notify the applicable Live Seller and/or StockX through the Help Center. | ||
| 312 | Any claim for non-delivery or receipt of an incorrect item must be submitted within two (2) days after the latest estimated delivery date. | ||
| 313 | StockX may, in its sole discretion, require you to return an incorrect item to StockX or the Live Seller, as applicable. | ||
| 314 | Returns . | ||
| 315 | Refunds and returns are the responsibility of the applicable Live Seller, subject to platform tools, policies, or interventions StockX may provide or require in accordance with the Live Shopping return policy, which can be found in our FAQs . | ||
| 316 | Live Transactions are also covered by StockX's Buyer Promise; you can learn more about our Buyer Promise in our FAQs . | ||
| 317 | Enforcement . | ||
| 318 | StockX may impose any Enforcement Action on Live Buyers who violate these Terms. 12. | ||
| 319 | Interactions and Disputes with Other Users. | ||
| 320 | Verification Limitations . | ||
| 321 | While StockX requires users to comply with applicable law and to provide information that is accurate and not misleading, StockX does not independently verify all user-provided information or conduct background checks on all users. | ||
| 322 | StockX may, however, verify certain information for particular users or programs but such verification is limited in scope and does not constitute an endorsement or guarantee of any user. | ||
| 323 | User Safety Responsibilities. | ||
| 324 | You are solely responsible for exercising appropriate caution in all interactions with other users, whether through the Services, outside the Services, or in person. | ||
| 325 | This includes, without limitation, safeguarding your personal information, refraining from sharing financial or other sensitive information, not sending money directly to other users outside of approved platform processes, and promptly reporting any suspicious, inappropriate, or concerning activity through in-app reporting tools or the Help Center. | ||
| 326 | User Disputes . | ||
| 327 | Any dispute between you and another user (each, a "User Dispute") is solely between you and that user, and StockX has no obligation to get involved. | ||
| 328 | However, StockX reserves the right to take action as it deems appropriate to protect users, enforce these Terms, or comply with applicable law. 13. | ||
| 96 | StockX takes counterfeiting, fraud and market manipulation very seriously. | 330 | Seller and Live Seller Obligations . |
| 97 | If a seller provides a counterfeit item or attempts to defraud any buyer or StockX, StockX reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of seller’s listings from the Services; (ii) cancel any or all of seller’s orders pending through the Services; (iii) withhold or offset charges outlined in these terms against any payments due to seller; (iv) place limits on seller’s buying and selling privileges; (v) charge seller’s payment method for costs, expenses and fees incurred by StockX as a result of seller’s action or inaction, including charging seller for the cost of replacement items, the value of coupons and gift certificates provided to the buyer, reprinting fees incurred by StockX, rerouting charges imposed by carriers, and refunds to the buyer; (vi) ship the item back to the seller at the seller’s cost (including any customs and duties amounts incurred by StockX); (vii) provide the counterfeit items to law enforcement or destroy the counterfeit items, (viii) temporarily or permanently suspend seller’s account, and (ix) charge seller’s payment method a minimum of $15.00 USD or an amount up to 15% of the transaction amount, in StockX's sole discretion, as a service fee. | 331 | StockX takes counterfeiting, fraud, and market manipulation seriously. |
| 98 | With respect to electronics, if the product has been deactivated by the manufacturer, StockX also reserves the right to return the item to the manufacturer. | 332 | If you provide an item that StockX designates as suspected inauthentic, or if you engage in fraudulent conduct or market manipulation, StockX may take any Enforcement Action. |
| 99 | Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon StockX’s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud). | 333 | In addition to any Enforcement Actions, in cases involving suspected counterfeit, stolen, or unlawful items, StockX may also: (i) return the item to the Seller or Live Seller at their expense, including any applicable customs and duties; (ii) destroy the item or deliver it to law enforcement or the applicable brand, with the Seller or Live Seller remaining responsible for all associated costs; (iii) disclose the Seller's or Live Seller's information to law enforcement agencies, brands, or professional advisers in connection with any investigation; and (iv) with respect to electronics deactivated by the manufacturer, return the item to the manufacturer. |
| 100 | Seller understands and agrees that if we provide the counterfeit item to law enforcement, seller’s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with us. | 334 | You acknowledge and agree that these remedies are reasonable and may be applied regardless of whether you knew or should have known of the counterfeit, suspected counterfeit, or fraudulent nature of the item. |
| 101 | We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of listings or sales or account suspension. | 335 | If items are delivered to law enforcement, any claims regarding such items must be directed to the relevant law enforcement agency, not StockX. |
| 102 | If this occurs in error please contact us at https://stockx.com/help . | 336 | Fraud Monitoring . |
| 103 | We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through StockX. | 337 | StockX may use fraud protection measures, including algorithms and automated systems, to monitor for fraud. |
| 104 | If a buyer receives an item that it believes to be counterfeit, the buyer must notify StockX in writing within 10 days after receiving the item, and we will commence an investigation into the item. | 338 | Such measures may result in cancellation of orders or listings or account suspension. |
| 105 | The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, providing the item to law enforcement, destroying the item, or delivering the item back to us, at our direction. | 339 | If you believe an action was taken in error, please contact us at https://stockx.com/help. |
| 106 | If we elect to have the buyer destroy the item, the buyer shall provide reasonable proof of destruction to us. | 340 | We may require additional information from you if you engage in certain high-value transactions or have high overall payment volumes through StockX. |
| 107 | We will refund all fees and costs paid by the buyer for the item (including shipping and handling). | 341 | Buyer Obligations . |
| 108 | In no event may a buyer resell any item (on StockX or elsewhere) that is reasonably believed to be counterfeit. | 342 | If you receive an item that you believe to be counterfeit, you must notify StockX in writing within 10 days of receipt. |
| 109 | StockX may monitor the integrity of the StockX marketplace and may take steps to protect the marketplace as determined by StockX in its sole discretion (e.g., if StockX believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts). | 343 | We will open an investigation, and you must cooperate with us in the investigation and final disposition of the item, including by providing photographs and other evidence, delivering the item to law enforcement, destroying the item, or returning it to us, at our direction. |
| 110 | If StockX believes that a seller or buyer attempts to interfere with the free and fair operation of the StockX marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a product on the StockX marketplace (all of the foregoing in StockX’s sole discretion), then, without limiting any other rights of StockX, StockX reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of the user’s listings from the Services; (ii) cancel any or all of the user’s orders pending through the Services; (iii) withhold or offset charges outlined in these terms against any payments due to the user; (iv) place limits on a user’s buying and selling privileges; (v) charge user’s payment method for costs, expenses and fees incurred by StockX as a result of the user’s actions; (vi) notify law enforcement of the fraudulent activity; (vii) temporarily or permanently suspend the user’s account, and (viii) charge the user’s payment method an additional service fee of up to $1,000 to cover StockX’s investigation fees and other related costs and expenses. 7. | 344 | If we elect to have you destroy the item, you must provide reasonable proof of destruction. |
| 111 | Seller Obligations. | 345 | We will refund all fees and costs you paid for the item, including shipping and handling. |
| 112 | By listing an item for sale (each posting, a “New Ask”), you are making a binding offer to sell that specific item to a buyer who purchases the item for the Ask price you have specified and to ship the item in accordance with our FAQ as updated from time to time. | 346 | You may not resell any item, on StockX or elsewhere, that is reasonably believed to be counterfeit. |
| 113 | When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. | 347 | Market Manipulation . |
| 114 | SELLERS MUST SHIP items via the shipping carrier designated by StockX within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. | 348 | StockX may monitor marketplace integrity and take steps to protect it as StockX determines in its sole discretion. |
| 115 | Sellers must ship an item sold on our Sites from the country listed as your address on file (e.g., if your address on file is located in the United States, you cannot use the shipping label provided to you to ship the item from Canada). | 349 | If StockX determines that a user has engaged in fraud, market manipulation, or conduct that interferes with fair market operation, StockX may take any Enforcement Action, including charging investigation fees of up to $1,000 and notifying law enforcement. 14. |
| 116 | StockX will provide you with a shipping label with such carrier after your Ask is matched by a buyer. | — | Removed |
| 117 | You are obligated to monitor your inventory and ensure all listings are accurate. | — | Removed |
| 118 | Once a Bid and Ask are matched, under no circumstances may a seller cancel the listing. | — | Removed |
| 119 | Failure to fulfill your orders will result in additional charges to you, including a minimum of $15.00 USD, or an amount up to 15% of the transaction amount, in StockX’s sole discretion. | — | Removed |
| 120 | If a seller fails to deliver items to StockX or incorrectly ships utilizing the bulk shipping option in accordance with these Terms, StockX reserves the right to do any or all of the following, in its sole discretion: (i) charge seller’s payment method a minimum of $15.00 USD or an amount up to 15% of the transaction amount, in StockX's sole discretion, as a service fee; (ii) remove any or all of seller’s listings from the Services; (iii) cancel any or all of seller’s orders pending through the Services; (iv) withhold or offset charges outlined in these terms against any payments due to seller; (v) place limits on seller’s buying and selling privileges; (vi) charge seller’s payment method for costs, expenses and fees incurred by StockX as a result of seller’s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by StockX, rerouting charges imposed by carriers, and refunds to the buyer; and (vii) temporarily or permanently suspend seller’s account. | — | Removed |
| 121 | As a seller, you are required to ensure that the item you are listing exactly matches the image on the New Ask page and meets the applicable Condition Standard . | — | Removed |
| 122 | If StockX or a buyer reasonably determines that your item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then, in StockX’s sole discretion, we will charge your payment method a minimum of $15.00 USD or an amount up to 15% of the transaction amount, as a service fee, plus additional amounts or, as determined in StockX’s discretion, charging you for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by StockX, rerouting charges imposed by carriers, and refunds to the buyer. | — | Removed |
| 123 | StockX has no obligation to return items to a seller that do not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit (in which case, StockX may turn those items over to the proper authorities) at your cost. | — | Removed |
| 124 | StockX will pay you within a reasonable amount of time following completion of the sale, which occurs when the buyer receives the item. | — | Removed |
| 125 | To get paid more quickly, ship your items immediately after your Ask is matched by a buyer. | — | Removed |
| 126 | To see the fees applicable to sales transactions, please refer to the New Ask window where your Ask price is entered. | — | Removed |
| 127 | You will also receive fee information via email notification when an Ask goes live, is updated, or a sale occurs. | — | Removed |
| 128 | StockX will first attempt to collect any fees or payments owed by the seller to StockX, including but not limited to fees for failure to ship or successfully complete a sale, ads services, Flex inventory return fees, Flex inventory storage fees, and any other fee associated with selling on StockX, from your outgoing payouts. | — | Removed |
| 129 | You can opt to have StockX collect from your selling payment method instead by setting your stored payment method to Primary in your Wallet. | — | Removed |
| 130 | You acknowledge and agree that you must have a valid selling payment method on your account on the StockX Platform in order for StockX to process fees or payments owed by you to StockX. | — | Removed |
| 131 | You agree to make payment in full for any charges levied by StockX in agreement with these Terms. | — | Removed |
| 132 | In the event you elect to use your stored payment method instead of enabling the offset of fees against your outgoing payouts and StockX is unable to collect payment using this stored method, StockX reserves the right to re-enable collection of fees by offsetting against your outgoing payouts and you may be restricted from changing this setting going forward. | — | Removed |
| 133 | StockX is acting solely as an intermediary between the sellers and the buyers. | — | Removed |
| 134 | We do not assume any liability regarding the proper performance of the purchase agreement you may conclude with a buyer through the platform, except for StockX’s specific Services described in Section 2 of these Terms and Conditions. | — | Removed |
| 135 | Professional sellers must comply with all laws and regulations applicable to the sale of their products on StockX’s live marketplace . 8. | — | Removed |
| 136 | Buyer Obligations. | — | Removed |
| 137 | A buyer may place a Bid on an item for sale through the Services. | — | Removed |
| 138 | When a Bid matches an Ask, the buyer is obligated to pay for that item. | — | Removed |
| 139 | WHEN YOU PLACE A BID, YOU ARE COMMITTING TO PURCHASE THE ITEM AS SOON AS YOUR BID MATCHES A SELLER’S ASK PRICE AND YOU ACKNOWLEDGE THAT PAYMENT OF THE ASK PRICE WILL BE TAKEN FROM YOUR PAYMENT METHOD. | — | Removed |
| 140 | To be an eligible buyer you must have a billing address and shipping address within one of the countries that StockX supports. | — | Removed |
| 141 | You can see a full list of these countries at Available Countries , which may be updated from time to time. | — | Removed |
| 142 | If your address is outside the United States, then you will be responsible for picking up your package and for paying all customs, duties, taxes and any other related fees in addition to the international shipping charges; you will be responsible for compliance with all customs requirements on import as required; and, when placing your order, you authorize us to appoint an agent to file the customs declarations on your behalf. | — | Removed |
| 143 | In general, we charge your payment method immediately upon purchase and, when the transaction is complete, we pay the seller. | — | Removed |
| 144 | You will not receive any interest on the purchase amount while the transaction is being fulfilled. | — | Removed |
| 145 | You might be required to pay certain fees as described when placing your Bid, as updated from time to time. | — | Removed |
| 146 | If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested), StockX reserves the right to do any or all of the following, in its sole discretion: (i) charge buyer’s payment method a minimum of $15.00 USD or an amount up to 15% of the transaction amount, in StockX's sole discretion, as a service fee; (ii) remove any or all of buyer’s Bids from the Services; (iii) cancel any or all of buyer’s orders pending through the Services; (iv) withhold refunds or payments due to buyer; (v) place limits on buyer’s buying and selling privileges; (vi) charge buyer’s payment method for costs, expenses and fees incurred by StockX as a result of buyer’s action or inaction; and (vii) temporarily or permanently suspend buyer’s account. | — | Removed |
| 147 | StockX Credit is available with a registered StockX account only. | — | Removed |
| 148 | StockX Credit is not available for purchase and may not be redeemed for cash. | — | Removed |
| 149 | StockX Credit expires 12 months from the day that it is posted to your StockX account. | — | Removed |
| 150 | StockX Credit is nontransferable. | — | Removed |
| 151 | StockX Credit may not be used to place a Bid. | — | Removed |
| 152 | If the total purchase price exceeds your credit balance, you will be required to provide a valid payment method to be applied to the balance of the purchase. | — | Removed |
| 153 | If your account is suspended, the StockX Credit may be automatically suspended until or unless the account is reinstated, if the account is not reinstated before the expiration date, the StockX Credit can be forfeited, at StockX’s sole discretion. | — | Removed |
| 154 | Select items are eligible for return for StockX Credit, subject to the conditions and limitations set forth in this paragraph. | — | Removed |
| 155 | If an item is eligible for return, it will be labeled as return eligible during checkout at the time of purchase as well as in your Buying History in your Account Profile. | — | Removed |
| 156 | In order to be eligible for return, an item must be in original condition, new and unworn and have the StockX tag or sticker attached to the item. | — | Removed |
| 157 | Our 14-day return policy is applicable to US customers only (and shall not limit the statutory right of withdrawal for EU/UK residents). | — | Removed |
| 158 | You will have 14 days from the date of delivery to initiate your return, unless otherwise stated. | — | Removed |
| 159 | Once you have initiated a return, you will have 7 days to ship the item to StockX. | — | Removed |
| 160 | Upon receipt, we will inspect the return to confirm that it meets the conditions set forth in this paragraph. | — | Removed |
| 161 | If your return is accepted, you will receive StockX Credit for the amount you paid for the item, less the original cost of shipping. | — | Removed |
| 162 | If your return is rejected, we reserve the right to require you to pay the cost of shipping for the return. | — | Removed |
| 163 | In addition to our return policy described above, if you experience a problem with your purchase or an item, please contact us at https://stockx.com/help . | — | Removed |
| 164 | If there is a problem with an item you received, you must contact us in writing within 10 days after receiving the item with a detailed description of the problem. | — | Removed |
| 165 | StockX tags or stickers that are attached to items must not be removed, or the items will not be eligible for return or exchange under any circumstance (including damage in transit). | — | Removed |
| 166 | All returns will be reviewed, processed and administered directly by StockX regardless of whether they are verified by StockX or shipping directly from a StockX Verified Seller. | — | Removed |
| 167 | FOR ITEMS MARKED AS “NOT ELIGIBLE FOR RETURNS” ON THE PRODUCT PAGE, ALL SALES ARE FINAL ONCE THE ITEM IS VERIFIED AND DELIVERED, AND NO REFUND REQUESTS WILL BE HONORED REGARDLESS OF THE CURRENT VALUE OF THE ITEM. | — | Removed |
| 168 | You can resell an item purchased on StockX and we will waive fees if the item is sold within 90 days of delivery. | — | Removed |
| 169 | You learn more about the Resell No Fee Program on our FAQ page. 9. | — | Removed |
| 171 | StockX does not provide any guarantee that your items will sell and will not provide any compensation for items that do not sell through our Services. | 351 | StockX does not guarantee that any of your listed items will sell and will not provide any compensation for items that do not sell through our Services. |
| 172 | StockX also does not guarantee how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold items resulting from any listing delays. | 352 | StockX also does not guarantee that any listing will appear within a particular timeframe and is not responsible for unsold items resulting from any listing delays. |
| 174 | During maintenance periods the Services (or portions thereof) may be temporarily unavailable. | 354 | During maintenance periods the Services (or portions thereof) may be temporarily unavailable and StockX is not responsible for unsold items resulting from service interruptions. |
| 175 | You must not and will not do any of the following: use our Services to solicit sales outside of StockX or to contact any user of the Services; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services; upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; engage in abusive treatment of other users of the Services or any StockX employee; create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any StockX representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; use any of the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise; violate any applicable local, state, national or international law; upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; delete or revise any material posted by any other person or entity; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so; harvest or otherwise collect information about others, including e-mail addresses; use StockX’s trademarks without our written permission; except to the extent permitted by applicable law (including, in the United States, the Copyright Act 1968 (Cth)), copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission of StockX and the appropriate third party, as applicable; commercialize all or any part of the StockX Services; use any modified versions of Services, for any reason whatsoever, without the express written consent of StockX; upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission; take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services; attempt to gain any unauthorized access to the Sites or the Services, including computer systems, software, or networks; probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems; bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; or do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace. | 355 | You agree that you will not, and will not permit any third party to, directly or indirectly: use our Services to solicit sales outside of StockX or to contact any user of the Services for the purpose of conducting off-platform transactions; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old in applicable jurisdictions), or are temporarily or indefinitely suspended from using our Services; upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; upload, transmit, or otherwise provide any content or information that is fraudulent, false, misleading, or deceptive, including misrepresentations regarding items, transactions, bids, offers, or your use of the Services; fabricate, manipulate, or interfere with any transaction, Ask, Bid, offer, or process related to the Services, or engage in any fraudulent or misleading bidding or offering activity; engage in abusive treatment of other users of the Services or any StockX employee; promote or engage in discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group; create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any StockX representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); sell, list, or attempt to sell any items that are stolen, unlawfully obtained, taken without authorization, counterfeit, or otherwise illegal to sell; delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; use any of the Services' communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); upload or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, commercial or otherwise; violate any applicable local, state, national or international law; violate any applicable economic sanctions, export control laws, or anti-money laundering laws, or transmit, exchange, or otherwise support the proceeds of unlawful or fraudulent activity; upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; delete or revise any material posted by any other person or entity; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so; harvest or otherwise collect information about others, including e-mail addresses; exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information; use StockX's trademarks without our written permission; except to the extent permitted by applicable law (including the Digital Millennium Copyright Act or other applicable copyright law), copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission of StockX and the appropriate third party, as applicable; commercialize all or any part of the Services; use the Services for benchmarking, competitive analysis, or to develop, commercialize, license, or sell any product or service that competes, directly or indirectly, with StockX; use any modified versions of Services, for any reason whatsoever, without the express written consent of StockX; upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission; take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services; attempt to gain any unauthorized access to the Services, including computer systems, software, or networks; probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems; bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; disguise, mask, or interfere with the IP address or other identifying information of the device used to access the Services, or otherwise prevent us from accurately identifying such information; encourage, enable, or assist any other person or entity to engage in any conduct prohibited by these Terms; or do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts the integrity, security, or proper operation of our marketplace. |
| 176 | StockX reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. | 356 | StockX reserves the right to take any lawful action it deems appropriate in response to actual or suspected violations of these Terms, including, without limitation, exercising any Enforcement Action. |
| 177 | StockX may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. | 357 | StockX may cooperate with law enforcement authorities or other third parties in the investigation of any suspected or alleged criminal or civil wrongdoing. |
| 178 | Except as may be expressly limited by applicable law, StockX reserves the right at all times to disclose any information as StockX deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in StockX’s sole discretion. | 358 | Except as expressly limited by applicable law, StockX may disclose information as StockX determines necessary to comply with applicable laws, regulations, legal processes or governmental requests, or to protect the rights, property, safety, or integrity of StockX, its users, or the marketplace. |
| 179 | You also agree to reimburse StockX for any damage, loss, cost or expense StockX incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose. 10. | 359 | StockX also reserves the right, in its sole discretion, to edit, refuse to post, or remove any content or materials made available through the Services. |
| 360 | You agree to reimburse StockX for any losses, damages, costs, or expenses (including reasonable attorneys' fees and professional advisory fees) incurred by StockX as a result of your unlawful or prohibited use of the Services, including in connection with the investigation, defense, or resolution of such matters. 15. | ||
| 181 | You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. | 362 | You acknowledge and agree that (i) all Intellectual Property is the exclusive property of StockX or its licensors, and (ii) nothing in these Terms grants you any ownership interest or license in such Intellectual Property except as expressly provided herein. |
| 182 | In addition, you shall not now or in the future contest the validity of our Intellectual Property. | 363 | To the extent permitted by applicable law, you agree not to challenge the validity or enforceability of StockX's Intellectual Property. |
| 183 | Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of StockX or its licensors or suppliers, and are protected by U.S. and international intellectual property laws (including copyright and trademark laws). | 364 | The Services, including all text, graphics, logos, buttons, icons, images, audio clips, software, and other content, are owned by StockX or its licensors and are protected by U.S. and international intellectual property laws. |
| 184 | The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Services is the exclusive property of StockX and protected by U.S. and international intellectual property (including copyright) law. | 365 | The compilation, selection, and arrangement of content made available through the Services are the exclusive property of StockX and are likewise protected. |
| 185 | Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited. | 366 | Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the Services or their content is strictly prohibited. |
| 186 | StockX grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. | 367 | Subject to your compliance with these Terms, StockX grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Services solely for your personal or internal business use. |
| 187 | All rights not expressly granted to you in these Terms are reserved and retained by StockX. 11. | 368 | Except to the extent expressly permitted by applicable law, you may not (and may not permit any third party to) copy, modify, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from, sell, assign, sublicense, or otherwise transfer any right in or access to the Services, or any content made available through them. |
| 369 | All rights not expressly granted to you in these Terms are reserved and retained by StockX. 16. | ||
| 189 | If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. | 371 | If you provide us with User Content, you retain any ownership rights you may have in such User Content, and except as expressly provided below with respect to Contributions, StockX does not claim ownership of User Content. |
| 190 | You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. | 372 | This includes content created, streamed, or recorded through the Live Shopping Platform. |
| 191 | If StockX does decide, in its sole discretion, to attribute User Content to you, you hereby grant StockX the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. | 373 | License Grant. |
| 192 | You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to StockX doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. | 374 | Subject to the foregoing, you grant StockX the following rights in your User Content: What you grant us: A non-exclusive, perpetual, transferable, irrevocable, royalty-free, fully paid-up, sublicensable license to use your User Content. |
| 193 | The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content. | 375 | How we may use it: We may reproduce, distribute, create derivative works from, publicly perform, display, publish, encode, sell, and otherwise commercialize your User Content in any media, now known or hereafter developed, worldwide, in connection with operating, improving, marketing, and promoting the Services. |
| 194 | You agree that StockX (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if StockX receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests. | 376 | What you waive: You waive any right to be identified as the author of your User Content and any right to object to its use, including in marketing and promotional materials. |
| 195 | You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. | 377 | If StockX elects to attribute User Content to you, you grant StockX the right to use your name, image, likeness, and/or photograph in connection with such attribution, and you waive any related privacy or publicity claims. |
| 196 | You shall be solely responsible for your own User Content and the consequences of posting or publishing it. | 378 | You further agree to waive any moral rights or similar rights in User Content, and consent to StockX engaging in acts that might otherwise infringe such rights. |
| 197 | You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to StockX under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of StockX’s marketplace. | 379 | The rights granted under this section are irrevocable for the duration of the applicable intellectual property protection. |
| 198 | You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. | 380 | You acknowledge and agree that StockX may record, store, review, reproduce, and use User Content, including live or recorded audio and video streams, your voice, and likeness, for purposes including transaction verification, fraud prevention, dispute resolution, trust and safety enforcement, improving the Services, and compliance with applicable law. |
| 199 | By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to StockX, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) StockX isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) StockX shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) StockX may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of StockX without any obligation of StockX to you; and (f) StockX is free to use any ideas, concepts, or techniques that you send StockX for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from StockX under any circumstances. 12. | 381 | You acknowledge and agree that StockX: has no obligation of confidentiality, attribution, or otherwise with respect to User Content; has no obligation to post, display, or otherwise use any User Content; has no obligation to provide compensation for any use of User Content or otherwise from the exercise of the rights granted under this Section, even if StockX receives compensation therefrom; may monitor, alter, or remove User Content at its discretion; and may disclose User Content and related information as necessary to operate the Services, protect StockX and third parties, including for fraud prevention, transaction verification, dispute resolution, and enforcement of these Terms, or comply with legal obligations or governmental requests. |
| 382 | You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any applicable laws. | ||
| 383 | User Content must comply with these Terms and any applicable content standards, community guidelines, or policies referenced herein or made available by StockX. | ||
| 384 | You are solely responsible for your User Content and the consequences of posting or publishing it. | ||
| 385 | You represent and warrant that any information you provide, including User Content: is accurate and not misleading, obscene or defamatory; is not fraudulent; does not involve counterfeit or stolen items; does not infringe any third party intellectual property, publicity, privacy, or other rights; is yours or you have all necessary licenses, rights, consents, and permissions to grant the rights set forth herein; complies with all applicable laws and regulations; does not contain malware or harmful code; and is not intended to circumvent these Terms or undermine the lawful operation of the Services. | ||
| 386 | You further represent and warrant that you have obtained all necessary written consents, releases, and permissions from any individual identified or depicted in any information you provide, including User Content, including parental or legal guardian consent for minors. | ||
| 387 | By submitting any Contributions to StockX, you acknowledge and agree that: such Contributions are not confidential; StockX has no obligation of confidentiality, express or implied, with respect to the Contributions; StockX may use, or disclose, or decline to use Contributions for any purpose, in any media now known or later developed, worldwide; StockX may already be developing or considering similar ideas; Contributions automatically become the property of StockX without compensation; and you are not entitled to any compensation, attribution, or reimbursement for Contributions under any circumstances. | ||
| 388 | Live Stream Clipping. | ||
| 389 | Clips are governed by these Terms and the User Content provisions of the StockX Terms. | ||
| 390 | StockX grants you a limited, non-exclusive, non-transferable, revocable license to use Clips solely for personal, non-commercial purposes, provided that you do not modify the Clips beyond what is permitted on the Services and retain all copyright and other proprietary notices contained in the Clip, if applicable. | ||
| 391 | Such uses may include, for example, sharing the Clip to your personal social media channels, creating a virtual shopping list of items for yourself on the Services, or tracking prices of certain items available on the Services. | ||
| 392 | You may not, however, distribute, copy, reproduce, display, republish, download, or transmit the Clip or any portion of the Clip for public or commercial use, including without limitation, using the Clip in any ad-supported blogs or websites, or as part of a paid content offering, paid mailing list or paid newsletter. 17. | ||
| 201 | You shall indemnify, defend and hold StockX and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, (c) your improper use of the Services, (d) your violation of any law or the rights of a third party, or (e) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. | 394 | You agree to indemnify, defend, and hold harmless StockX, its affiliates, and their respective officers, directors, agents, and employees from and against any and all third-party or governmental claims, demands, actions, suits, or proceedings, and all resulting losses, damages, liabilities, costs, interest, and expenses (including reasonable attorneys' fees), arising out of or relating to: your listing or sale of counterfeit, stolen, or otherwise illegal goods; your breach of these Terms; your improper or unauthorized use of the Services; your violation of any applicable law or the rights of any third party; or any federal, state, local, or other tax obligations or amounts due in connection with your activities on the Services. |
| 202 | We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. | 395 | StockX reserves the right, at its option, to assume exclusive control of the defense and settlement of any matter subject to indemnification by you, and you agree to cooperate fully with such defense. |
| 203 | All rights and duties of indemnification that are set forth herein shall survive termination of these Terms. 13. | 396 | You may not settle any indemnified claim without StockX's prior written consent. |
| 397 | To the extent permitted by applicable law, the indemnification obligations set forth in this Section shall survive termination of these Terms. 18. | ||
| 206 | You covenant not to sue StockX, and agree that you will not hold StockX responsible, for other users’ content, actions, or inactions. | 400 | Historical Data. |
| 207 | StockX is a marketplace for consumer goods. | 401 | StockX may, in its discretion, provide Historical Data. |
| 208 | You acknowledge that you are buying items from a third party, not StockX. | 402 | Historical Data is provided for informational purposes only and does not constitute a guarantee, prediction, or representation that any item will sell, that it will sell within a particular timeframe, or that it will sell at or near a certain price. |
| 209 | While we may help as your commercial agent facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, listings, and/or items listed or sold. | 403 | To the fullest extent permitted by applicable law, StockX disclaims any liability for reliance on Historical Data. |
| 210 | If you have a dispute with one or more users, as a buyer or seller, you release and covenant not to sue StockX, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. | 404 | Historical Data may be delayed, incomplete, aggregated, or subject to error. |
| 211 | In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release. | 405 | StockX does not guarantee the accuracy, completeness, or timeliness of any Historical Data and has no obligation to update or correct such information. |
| 212 | STOCKX AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. | 406 | Marketplace Disclaimer & User Disputes. |
| 213 | STOCKX PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. | 407 | You acknowledge that StockX operates a marketplace for consumer goods and that you may purchase items from third-parties. |
| 214 | FURTHER, STOCKX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. | 408 | You covenant not to sue StockX, and agree that you will not hold StockX responsible, for other users' content, actions, or inactions. |
| 215 | STOCKX SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES. | 409 | While StockX may, solely as a commercial agent for facilitation purposes, assist in resolving disputes, StockX does not control and does not guarantee the accuracy, quality, safety, legality, or truthfulness of User Content, listings, or items listed or sold through the Services. |
| 216 | YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. | 410 | If you have a dispute with one or more users, you release and covenant not to sue StockX, its affiliates, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands, and damages (actual or consequential), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute. |
| 217 | STOCKX (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) MAKES NO WARRANTY OR GUARANTIES OF ANY KIND WITH RESPECT TO OUR SERVICES, ANY ITEMS (INCLUDING STORED ITEMS), ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. | 411 | To the extent permitted by applicable law, you expressly waive any protections (whether statutory or otherwise, including California Civil Code § 1542) that would otherwise limit the scope of this release. |
| 218 | ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. | 412 | Disclaimer of Warranties. |
| 219 | IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, STOCKX (INCLUDING OUR AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD STOCKX RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM (A) THE USER CONTENT YOU PROVIDE USING THE SERVICES, OR CONTENT OF THIRD PARTIES (B) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS OR USE THE SERVICES, OR RELIANCE ON THE SERVICES; (C) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY STOCKX, (D) DELAYS OR DISRUPTIONS IN OUR SERVICES, (E) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SERVICES; (F) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES, (G) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF ANY SERVICE, (H) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS, (I) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT, (J) THE DURATION OR MANNER IN WHICH ITEMS YOU LIST APPEAR ON THE SERVICES, OR (K) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES. | 413 | TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. |
| 220 | UNDER NO CIRCUMSTANCES SHALL STOCKX, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (K) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL STOCKX, EVEN IF STOCKX WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. | 414 | STOCKX (INCLUDING ITS SERVICE PROVIDERS AND LICENSORS) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES, ANY ITEMS (INCLUDING STORED ITEMS), ANY USER CONTENT, OR THAT THIRD-PARTY USERS WILL PERFORM AS PROMISED. |
| 221 | SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. | 415 | WITHOUT LIMITING THE FOREGOING, STOCKX DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. |
| 222 | IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF STOCKX, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. | 416 | STOCKX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. |
| 223 | WITHOUT LIMITING ANY OF THE FOREGOING, IF STOCKX, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, STOCKX AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) USD $100. 14. | 417 | StockX may amend, update, or modify the Services at any time without notice and assumes no obligation to update any content. |
| 418 | Limitation of Liability. | ||
| 419 | TO THE EXTENT PERMITTED BY APPLICABLE LAW, STOCKX (AND ITS AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF USE, ARISING OUT OF OR RELATING TO: USER CONTENT (YOUR OWN OR THAT OF THIRD PARTIES); YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; PRICING, SHIPPING, OR OTHER GUIDANCE PROVIDED BY STOCKX; DELAYS, INTERRUPTIONS, OR MODIFICATIONS TO THE SERVICES; VIRUSES OR OTHER MALICIOUS CODE; ERRORS, BUGS, OR INACCURACIES; DAMAGE TO DEVICES OR PROPERTY; ACTIONS OR INACTIONS OF THIRD PARTIES; ACCOUNT SUSPENSIONS OR ENFORCEMENT ACTIONS; OR CHANGES TO THESE TERMS OR POLICIES. | ||
| 420 | Liability Cap. | ||
| 421 | WITHOUT LIMITING ANY OF THE FOREGOING, TO THE EXTENT STOCKX, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, STOCKX AND SUCH PARTIES' CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED THE GREATER OF: THE FEES PAID BY YOU TO STOCKX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD $100. 19. | ||
| 226 | You and StockX agree that any claim or dispute at law or equity that has arisen or may arise between us (including any disputes between you and a third-party agent of StockX) will be resolved in accordance with the provisions set forth in this Section 14. | 424 | You and StockX agree that any claim or dispute at law or equity that has arisen or may arise between us (including any disputes between you and a third-party agent of StockX) will be resolved in accordance with the provisions set forth in this Section. |
| 229 | You agree that, except to the extent inconsistent with the Federal Arbitration Act (“FAA”) or preempted by federal law, the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and StockX. | 427 | A. |
| 230 | Legal notices shall be served on StockX’s national registered agent (in the case of StockX) or your email address on file with us (in your case). | 428 | Initial Informal Dispute Resolution Procedures. |
| 231 | Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. | 429 | We try to address any and all disputes informally first. |
| 232 | Alternatively, we may give you legal notice by mail to any physical address you have on file with us. | 430 | You agree that prior to submitting any dispute or claim to arbitration for resolution, You and StockX will make a good faith effort to resolve it informally according to the procedures identified below, including having at least one telephone or videoconference conversation between you, personally, and us. |
| 233 | In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. | 431 | To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. |
| 234 | It is your responsibility to keep your contact information updated. | 432 | This notice should be addressed to us at: StockX LLC, Attn: Legal Department, 1046 Woodward Ave., Detroit, MI 48226. |
| 235 | You and StockX each agree that any and all disputes or claims that have arisen or may arise between you and StockX relating in any way to or arising out of the Terms or your use of or access to the Services, shall be resolved exclusively through final and binding arbitration, rather than in court. | 433 | Within the sixty (60) days following our receipt of this written notice, you agree to engage in good faith efforts with us to resolve the dispute, including personally participating in a telephone call or videoconference with us. |
| 236 | Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matters remains in such court and advances only on an individual (non-class, non-representative) basis. | 434 | You may have a lawyer attend the call with you if you wish. |
| 237 | The FAA governs the interpretation and enforcement of this Agreement to Arbitrate. | 435 | If the dispute is not resolved within sixty (60) days from our receipt of your written notice (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. |
| 238 | IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. | 436 | Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. |
| 239 | THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATION DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. a. | 437 | You and StockX agree to toll any applicable statute of limitations and filing fee deadlines from the date we receive your written notice while the parties engage in this informal dispute resolution process. |
| 240 | PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF (THE “CLASS ACTION WAIVER”). | 438 | A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. |
| 241 | YOU AND STOCKX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. | 439 | B. |
| 242 | UNLESS BOTH YOU AND STOCKX AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. | 440 | Arbitration Agreement & Waiver of Certain Rights. |
| 243 | ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). | 441 | THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. |
| 244 | ANY RELIEF AWARDED CANNOT AFFECT OTHER STOCKX USERS. | 442 | OTHER RIGHTS THAT YOU OR STOCKX WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. |
| 245 | IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM OR PRAYER FOR RELIEF , THEN THAT CLAIM OR PRAYER FOR RELIEF (AND ONLY THAT CLAIM OR PRAYER FOR RELIEF ) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND STOCKX’S RIGHT TO APPEAL THE COURT’S DECISIONS. | 443 | You and we agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and StockX (a "Claim") through final and binding arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). |
| 246 | ALL OTHER CLAIMS WILL BE ARBITRATED. b. | 444 | This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. |
| 247 | Arbitration Procedures. | 445 | The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. |
| 248 | Arbitration is less formal than a lawsuit in court. | 446 | You and we hereby waive any right to a jury trial of any Claim. |
| 249 | Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. | 447 | The arbitration will be heard and determined by a single arbitrator. |
| 250 | An arbitrator must also apply the Terms as a court would. | 448 | The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. |
| 251 | All issues, claims, disputes, and prayers for relief are for the arbitrator to decide, except that issues relating to the interpretation or enforceability of the CLASS ACTION WAIVER will be resolved by a court of competent jurisdiction. | 449 | The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and any awards or settlements) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations, or as specifically permitted by state law. |
| 252 | An arbitrator can award the same damages and relief, including injunctive and declaratory relief, on an individual basis that a court can award to an individual. | 450 | The Federal Arbitration Act and federal arbitration law apply to this agreement. |
| 253 | However, notwithstanding anything to the contrary in the foregoing or herein, an arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. | 451 | A court of competent jurisdiction will exclusively determine whether the parties have entered into a valid and enforceable agreement to arbitrate their Claims and the arbitrability of any Claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied. |
| 452 | To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your Claim and the legal bases and facts supporting your Claim. | ||
| 453 | This letter must be sent to us at: StockX, Attn: Legal Department, 1046 Woodward Ave., Detroit, MI 48226. | ||
| 454 | This letter must be sent at least five (5) business days before you initiate an arbitration proceeding against us with the AAA. | ||
| 455 | Any party to the arbitration, at any time more than ten (10) days before the initial arbitration hearing, may serve an offer of compromise in writing upon any other party to the action. | ||
| 456 | If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, StockX will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. | ||
| 457 | In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. | ||
| 458 | This arbitration agreement does not preclude you or StockX from seeking action by federal, state, or local government agencies. | ||
| 459 | In addition, you and StockX retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. | ||
| 460 | Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms. | ||
| 461 | Neither you nor StockX may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. | ||
| 462 | You may not bring Claims in arbitration on a class or representative basis. | ||
| 463 | The arbitrator can decide only your and/or StockX's individual Claims. | ||
| 464 | If for any reason a Claim proceeds in court rather than in arbitration you and StockX each waive any right to a jury trial. | ||
| 465 | No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. | ||
| 466 | Such a waiver shall not waive or affect any other portion of these Terms. | ||
| 467 | The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. | ||
| 468 | Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. | ||
| 255 | Other than issues related to the CLASS ACTION WAIVER or “public injunction” , the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute between you and StockX, as well as any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms is void or voidable. | 470 | This Arbitration Agreement & Waiver of Certain Rights Section of the Terms will survive the termination of your relationship with StockX. |
| 256 | The arbitration will be administered by JAMS pursuant to its rules and procedures (“JAMS Rules”) , including the JAMS Comprehensive Arbitration Rules and Procedures (as applicable), as modified by this Agreement to Arbitrate. | 471 | C. |
| 257 | The JAMS Rules and Procedures are available at www.jamsadr.com or by calling the JAMS at 1-800- 352-5267 . | 472 | Small Claims. |
| 258 | The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the JAMS Rules will govern the number of arbitrators that may preside over an arbitration conducted under the Agreement to Arbitrate. | 473 | You and StockX also have the right to bring qualifying Claims in small claims court or transferring qualifying Claims to small claims court. |
| 259 | All arbitrators shall serve as neutral, independent and impartial arbitrators and must act in conformity with the rules of evidence and law. | 474 | Either party may elect that a qualifying Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. |
| 260 | A party who intends to seek arbitration must first send to the other a completed form Notice of Dispute (“Notice”), available by contacting us at https://stockx.com/help . | 475 | In the event such a qualifying small Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. |
| 261 | A Notice to StockX should be sent by certified mail to 1046 Woodward Ave., Detroit, MI 48226 or via email to legalsupport@stockx.com. | 476 | The parties will then proceed with the qualifying small Claim exclusively in small claims court. |
| 262 | StockX will send any Notice to you to the physical address we have on file associated with your StockX account or to your email address associated with your StockX account (if no physical address is on file); it is your responsibility to keep your physical address up to date. | 477 | A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. |
| 263 | All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. | 478 | D. |
| 264 | If you and StockX are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or StockX may initiate arbitration proceedings. | 479 | Mass Arbitration Process Requirements. |
| 265 | A form for initiating arbitration proceedings is available on the JAMS website at www.jamsadr.com . | 480 | If twenty-five (25) or more similar claims are asserted against StockX at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. |
| 266 | In addition to filing this form with the JAMS in accordance with its Rules, the party initiating the arbitration must mail a copy of the completed form to the opposing party. | 481 | You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. |
| 267 | You may send a copy to StockX at the following address: 1046 Woodward Ave., Detroit, MI 48226 attn: Legal Department. | 482 | Regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner (each a “Third Party Funder”) is directly or indirectly paying or advancing the arbitration fees and costs in a mass arbitration on your behalf, the Process Arbitrator shall have discretion to determine whether the total arbitration fees and costs due to AAA should be split evenly between your lawyer and the Third Party Funder(s), on the one hand, and StockX, on the other hand. |
| 268 | In the event StockX initiates arbitration against you, it will send a copy of the completed form to any physical address we have on file associated with your StockX account (or your email address associated with your StockX account if no physical address is on file). | 483 | The Process Arbitrator shall make or confirm this discretionary decision before the initiation of each batch, as set out below. |
| 269 | Any settlement offer made by you or StockX shall not be disclosed to the arbitrator. | 484 | In the final decision, the arbitrator can reevaluate and divide the arbitration fees and costs among your lawyer and the Third Party Funder(s) and us in amounts they see fit to ensure a fair division among the parties. |
| 270 | The arbitration shall be held in the county in which you reside or at another mutually agreed location. | 485 | Additionally, when permitted under applicable rules, you may be responsible for our arbitration fees and costs. |
| 271 | If the value of the relief sought is $10,000 or less, you and StockX may elect and agree to have the arbitration conducted by telephone or video conference or based solely on written submissions, which election shall be binding on you and StockX subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. | 486 | Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by StockX. |
| 272 | In cases where an in-person hearing is held, you and/or StockX may attend by telephone, unless the arbitrator requires otherwise. | 487 | The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. |
| 273 | The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted or required by state law. | 488 | If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which StockX will pay the mediator's fee. |
| 274 | The arbitrator will decide the substance of all claims in accordance with the laws of the State of Michigan, including recognized principles of equity, and will honor all claims of privilege recognized by law. | 489 | If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by StockX. |
| 275 | The arbitrator shall not be bound by rulings in prior arbitrations involving different StockX users, but is bound by rulings in prior arbitrations involving the same StockX user to the extent required by applicable law. | 490 | (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. |
| 276 | The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. c. | 491 | In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. |
| 277 | Costs of Arbitration. | 492 | If the parties are unable to resolve the remaining claims after the conclusion of the next forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which StockX will pay the mediator's fee. |
| 278 | Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules, unless otherwise stated in this Agreement to Arbitrate. d. | 493 | If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. |
| 279 | Severability. | 494 | At any time during these proceedings, StockX agrees to participate in a global mediation session should your lawyer request it in an effort to resolve all remaining claims. |
| 280 | With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. e. | 495 | Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding "Mass Arbitration Process Requirements" from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. |
| 496 | A court of competent jurisdiction shall have authority to enforce this section regarding "Mass Arbitration Process Requirements" and, if necessary, to enjoin the filing or prosecution of arbitration demands against StockX. | ||
| 497 | Should a court of competent jurisdiction decline to enforce these "Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. | ||
| 498 | Either party may engage with the AAA to address reductions in arbitration fees. | ||
| 499 | E. | ||
| 289 | Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. f. | 508 | Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. 20. |
| 290 | Future Amendments to the Agreement to Arbitrate. | — | Removed |
| 291 | Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and StockX prior to the effective date of the change. | — | Removed |
| 292 | The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and StockX. | — | Removed |
| 293 | We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on http://www.StockX.com at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. | — | Removed |
| 294 | If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms. 15. | — | Removed |
| 296 | If you’re a copyright owner or an agent of a copyright owner and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing StockX’s Copyright Agent with the following information in writing, (pursuant to 17 U.S.C. 512(c)(3)): a. | 510 | StockX respects the intellectual property rights of others. |
| 297 | The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. | 511 | Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) and other applicable laws, StockX has adopted a policy of terminating, in appropriate circumstances and in StockX's sole discretion, users who are deemed to be repeat infringers. |
| 298 | 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; c. | 512 | StockX may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. |
| 299 | 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 StockX, the service provider, to locate the material; d. | 513 | If you believe that anything on the Services infringes a copyright that you own or control, you may file a notification of such infringement with our designated agent: StockX LLC Attn: Legal Department / Copyright Agent 1046 Woodward Ave. |
| 300 | Information reasonably sufficient to permit StockX to contact you, such as an address, telephone number, and, if available, an email address; e. | 514 | Detroit, MI 48226 Email: copyright@stockx.com For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement: A physical or electronic signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StockX to locate the material; Information reasonably sufficient to permit StockX to contact you, such as an address, telephone number, and an electronic mail address; 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 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. |
| 301 | A statement by you 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 f. | 515 | UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. |
| 302 | A statement, under penalty of perjury, that the information in the notification is accurate that you’re authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. | 516 | Please note that this procedure is exclusively for notifying StockX and its affiliates that your copyrighted material has been infringed. |
| 303 | You must provide notice of claimed infringement to StockX’s designated Copyright Agent at 1046 Woodward Ave., Detroit, MI 48226, email: copyright@stockx.com. | 517 | The preceding requirements are intended to comply with StockX's rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice. |
| 304 | You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. | 518 | It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. 21. |
| 305 | If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address(es) listed above: i. | — | Removed |
| 306 | Your physical or electronic signature; ii. | — | Removed |
| 307 | Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; iii A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and iv. | — | Removed |
| 308 | Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Detroit, Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. | — | Removed |
| 309 | If a counter-notice is received by StockX’s Copyright Agent, StockX may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. | — | Removed |
| 310 | Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at StockX’s sole discretion. 16. | — | Removed |
| 312 | In order to use the bank transfer functionality of the StockX application, you must activate an account provided by our third-party payment processor and you must accept the payment processor’s Terms of Service and Privacy Policy. | 520 | In order to use certain features of the Services, you may be required to open an account with a third-party payment processor. |
| 313 | Any funds held in any payment processor are held by that payment processor’s financial institution partners as set out in itsTerms of Service. | 521 | By opening such an account, you agree to be bound by the applicable payment processor's terms of service and privacy policy. |
| 314 | You authorize StockX to share your identity and account data with our payment processors for the purposes of opening and supporting your account with the payment processor, and you are responsible for the accuracy and completeness of that data. | 522 | StockX is not responsible for any fees, charges, or penalties that may be imposed by any payment processor. |
| 315 | You understand that you will access and manage your payment processor account through the StockX account. | 523 | You represent and warrant that all payment information you provide to StockX or any payment processor is accurate, current, and complete. |
| 316 | Notifications about your account with the payment processor will be sent by the payment processor. | 524 | You agree to update your payment information promptly whenever it changes. |
| 317 | StockX will provide customer support for your payment processor account activity, and can be reached at https://stockx.com/help . 17. | 525 | StockX reserves the right, in its sole discretion, to add, modify, or remove payment processors at any time without notice to you. 22. |
| 319 | When you use the Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. | 527 | By using the Services, you consent to receive electronic communications from StockX. |
| 320 | You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. | 528 | These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. |
| 321 | You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. | 529 | These electronic communications are part of your relationship with StockX. |
| 322 | You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. | 530 | You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. |
| 323 | Please see the SMS Terms of Service for additional details. 18. | 531 | You also agree that StockX may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. |
| 532 | You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. 23. | ||
| 533 | Disclaimers. | ||
| 325 | The Sites and the Services could include technical inaccuracies or typographical errors. | 535 | The Services may include technical inaccuracies or typographical errors. |
| 326 | StockX shall have no liability in connection with any such inaccuracies or errors, nor shall StockX have any obligation to identify and/or correct any such inaccuracies or errors. 19 . | 536 | To the fullest extent permitted by applicable law, StockX shall have no liability arising from or relating to any such inaccuracies or errors and shall have no obligation to identify, correct, or update them. |
| 328 | For your convenience, certain hyperlinks may be provided on the Sites and Services that link to other websites or social media platforms which are not under the control of StockX (the “Linked Websites”). | 538 | For your convenience, the Services may contain Linked Websites. |
| 329 | StockX does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. | 539 | StockX does not endorse, sponsor, or control any Linked Websites and is not responsible for their availability, accuracy, content, or any products or services offered through them. |
| 330 | StockX disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites. | 540 | To the fullest extent permitted by applicable law, StockX disclaims all liability arising from your access to or use of any Linked Websites or reliance on any content, products, or services made available through such Linked Websites. |
| 331 | We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. | 541 | Your use of Linked Websites, and any transactions you conduct through them, are governed solely by the terms and policies of those third parties. |
| 332 | Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. | 542 | You agree that, to the extent permitted by applicable law, you will not bring any claim against StockX arising out of or relating to your access to or use of any Linked Websites. |
| 333 | You agree that you will bring no suit or claim against StockX arising from or based upon any such use of any Linked Websites. | 543 | The inclusion of hyperlinks on the Services does not imply that: (a) StockX is affiliated with or associated with any Linked Website; (b) StockX is authorized to use any third party's trademarks, trade names, logos, or copyrighted materials; or (c) any Linked Website is authorized to use StockX's trademarks, trade names, logos, or copyrighted materials. |
| 334 | Hyperlinks to such Linked Websites on the Sites and Services do not imply that: (a) StockX is affiliated or associated with any Linked Website; (b) StockX is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of StockX. 20. | 544 | Third-Party Information. |
| 335 | Your Personal information Use of your personal information submitted to or via the Site is governed by our Privacy Policy. | 545 | To the extent that any information, materials, or functionality made available through the Services are provided by third-party content providers ("Third Party Materials"), StockX does not exercise editorial control over, and assumes no responsibility for, such Third Party Materials. |
| 336 | We will only use your personal information in accordance with our Privacy Policy. | 546 | Any opinions, statements, products, services, or other content expressed or made available through Third Party Materials are those of the applicable third party and not of StockX. |
| 337 | Please take the time to read this carefully, as it indicates important information about how we collect and use personal information. 21. | 547 | To the fullest extent permitted by applicable law, StockX does not represent or endorse the accuracy, completeness, or reliability of any Third Party Materials and does not warrant that your access to or use of Third Party Materials will not infringe the rights of any third party not owned by or affiliated with StockX. 24. |
| 338 | Disclaimer of Third Party Information. | — | Removed |
| 339 | To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), StockX has no editorial control or responsibility over such Third Party Materials. | — | Removed |
| 340 | Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. | — | Removed |
| 341 | StockX does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Company. 22. | — | Removed |
| 343 | These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and StockX relating to your use of our Services, and supersede all prior understandings and agreements parties. | 549 | These Terms are governed by and will be construed under the laws of the State of Michigan, without regard to any conflicts of laws principles. |
| 344 | You consent to receive notice by email to the address provided at registration. | 550 | The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. |
| 345 | If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. | 551 | To the extent any claim or dispute is not subject to arbitration pursuant to Section 19 ("Disputes with StockX"), you and StockX agree that such claim or dispute shall be resolved exclusively in the state or federal courts located in Wayne County, Michigan, and you consent to the exclusive jurisdiction and venue of such courts. |
| 346 | Any waiver of any provisions contained in these Terms by StockX shall not be deemed to be a waiver of any other right, term, or provision of these Terms. | 552 | If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. |
| 347 | Any rights not expressly granted herein are reserved. | 553 | No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and StockX's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. |
| 348 | StockX may assign or transfer our rights and obligations under these Terms at any time. | 554 | YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. |
| 349 | You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of StockX, which we can refuse in our sole discretion. | 555 | OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. |
| 350 | No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. | 556 | These Terms (including all policies and documents incorporated by reference herein) constitute the entire agreement between you and StockX regarding the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and StockX regarding the Services. |
| 351 | You may not enter into any contract on our behalf or bind us in any way. | 557 | StockX may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent, including in connection with a merger, acquisition, or sale of assets. |
| 352 | These Terms are for your benefit only, not for the benefit of any third party except for StockX’s permitted successors and assigns. | 558 | You may not assign or transfer these Terms or any rights or obligations hereunder without StockX's prior written consent, and any attempted assignment in violation of this provision will be null and void. |
| 353 | These Terms shall be governed by the laws of the State of Michigan, USA, without regard to conflicts of laws provisions. | 559 | The section titles in these Terms are for convenience only and have no legal or contractual effect. |
| 354 | As it relates to narrow issues regarding the interpretation or enforceability of the CLASS ACTION WAIVER or the pursuit of a “public injunction”, both of which must be resolved by a court of competent jurisdiction as described in Section 14, or to the extent it is first determined by a neutral arbitrator pursuant to Section 14 that any claim or dispute between you and StockX must proceed in court rather than before binding arbitration, than exclusive venue for any such claim or dispute is in the federal and state courts located in Wayne County, Michigan, USA and you consent and submit to the personal jurisdiction of such courts for the purposes of any such action. | 560 | StockX shall not be in default or liable for any delay, failure in performance, or interruption of the Services resulting directly or indirectly from causes beyond its reasonable control. |
| 355 | By using the StockX website or acting as a buyer or seller you expressly agree to the governing law and venue provision of these Terms, irrespective of the state or country in which you reside. | 561 | Any rights not expressly granted in these Terms are reserved by StockX. |
| 356 | The parties each hereby disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods. 23. | 562 | Please also refer to our Privacy Policy and Community Guidelines, which are incorporated by reference into these Terms. |
| 357 | Mobile Applications and In-App Purchases You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). | 563 | If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us at: StockX LLC, 1046 Woodward Ave., Detroit, MI 48226, or via our Help Center at https://stockx.com/help. 25. |
| 358 | Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. | 564 | Mobile Applications. |
| 565 | You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). | ||
| 566 | Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store. | ||
| 361 | Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. | 569 | Through our mobile applications, you may purchase ("In-App Purchase") certain goods or features designed to enhance the performance of the Services. |
| 362 | When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html ). | 570 | When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective terms and conditions. |
| 363 | StockX is not a party to any In-App Purchase. 24. | 571 | StockX is not a party to any In-App Purchase. |
| 364 | Apple App Store These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. | 572 | Apple App Store. |
| 365 | (“Apple”) App Store, but the following additional terms also apply to the Application: Both you and StockX acknowledge that the Terms are concluded between you and StockX only, and not with Apple, and that Apple is not responsible for the Application or the Content; The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that StockX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights , StockX, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and StockX acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and Both you and StockX acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. | 573 | These Terms apply to your use of all the Services, including our iOS applications (the "Application") available via the Apple, Inc. |
| 366 | In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL-TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. | 574 | ("Apple") App Store, but the following additional terms also apply to the Application: Both you and StockX acknowledge that the Terms are concluded between you and StockX only, and not with Apple, and that Apple is not responsible for the Application or the content thereof; The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility; You acknowledge and agree that StockX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, StockX, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and StockX acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; Both you and StockX acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof; and StockX expressly authorizes use of the Application by multiple users through the Family Sharing or any similar functionality provided by Apple. 26. |
| 367 | LOCATION DATA MAY NOT BE ACCURATE. 25. | 575 | Ranking Information. |
| 368 | Ranking information Buyers can find, bid on and purchase sellers' products on the Sites by browsing through products by product category (for example, sneakers, streetwear and collectibles), and by entering a specific query in the search box available. | 576 | StockX uses various parameters to determine the ranking of product listings and search results displayed through the Services. |
| 369 | The main factors StockX considers when presenting results on the Sites' main web-pages and product category pages are popular brands (based on views for those brands), popular products (based on views for those products), new lowest asks (the products with the most recently listed lowest asks) and new highest bids (the products with the most recently listed highest bids). | 577 | The key parameters used to determine ranking include, but may not be limited to: relevance of the listing to the search query (including keyword matches in titles and descriptions), transaction history and popularity of a product, recency of listing activity, pricing competitiveness, user performance metrics (including fulfillment rates and customer feedback), and whether a listing is a sponsored or promoted listing (which may affect the ranking of that listing relative to non-sponsored listings). |
| 370 | The main factor StockX considers when presenting results on the Sites' individual brand pages and in response to specific search queries is popular products (based on views for those products). | 578 | Sponsored listings, where applicable, are identified as such. |
| 371 | In some instances, sponsored listings may also appear on the Site’s main web-pages, in search results, category pages, or brand pages. | 579 | StockX reserves the right to modify the parameters used to determine ranking at any time, without notice, in order to improve the quality of search results and the Services generally. 27. |
| 372 | Sponsored listings are paid placements by sellers seeking enhanced visibility for their products and are clearly labeled as “Sponsored”. | 580 | Access to Data. |
| 373 | If a customer is logged in to their account, there will also be a section presented to the customer with recommended products based on that customers' clicks on the Sites. 26. | 581 | StockX may make available through the Services certain data and information regarding transactions, pricing, market trends, and other information derived from activity on the Services (collectively, "Platform Data"). |
| 374 | Access to data StockX will have access to buyers' and sellers' personal data which it shall use in accordance with StockX's Privacy Policy , as updated from time to time. | 582 | Any access to or use of Platform Data is subject to these Terms and any additional terms or restrictions StockX may establish. |
| 375 | StockX will also have access to non-personal data provided by buyers and sellers for the use of the Services or which is generated through the provision of those Services. | 583 | You may not use Platform Data for any commercial purpose, including without limitation, resale, redistribution, or incorporation into any third-party product or service, without StockX's prior written consent. |
| 376 | This includes, for example, information on sellers' products to be displayed for purchase on the Sites, information provided by buyers and sellers when creating an account and information on all product purchases on the Sites. | 584 | StockX retains all ownership rights in Platform Data, and nothing in these Terms grants you any intellectual property rights in Platform Data. |
| 377 | StockX shares information it has access to with third party service providers in order to provide the Services and improve customer experience. | 585 | StockX reserves the right to restrict, suspend, or terminate access to Platform Data at any time, in its sole discretion. 28. |
| 378 | StockX will also retain such information after a seller deactivates or terminates their account, in accordance with applicable law. | 586 | StockX Balance. |
| 379 | Sellers will have access to certain data through their online profile. | 587 | Eligibility . |
| 380 | This includes, for example, detail on their own sales history, including previous asks and bids. | 588 | StockX Balance is available to U.S.-based users with a USD currency selection, and requires you to have a StockX account in good standing and MFA enabled. |
| 381 | Sellers can request access to data about them after deactivating or terminating their account which StockX may be able to provide, provided that the data is still available, and it is permitted to do so under applicable law. | 589 | By selling on the Services, you agree that payouts will be issued to your StockX Balance. |
| 382 | Sellers will not have access to any personal data provided by buyers. | 590 | If you change your billing address outside the U.S. or switch to a non-USD currency, your StockX Balance will automatically become inactive, though your available balance remains withdrawable under these Terms. |
| 383 | Sellers will also have access to certain data that is publicly made available on the Sites. | 591 | Additional details regarding StockX Balance, including how to earn rewards credit, are available in our FAQ s. |
| 384 | This includes, for example, ask and bid prices, product descriptions and the relative popularity of products sold on the Sites. 27. | 592 | Permitted Uses . |
| 385 | StockX Balance If you are a seller located in the United States, all sales proceeds from your sales on StockX will automatically be directed to your StockX Balance. | 593 | Your StockX Balance may be used solely to: (a) hold sales proceeds from StockX transactions; (b) transfer proceeds to your registered bank account via our third-party payout processor; or (c) purchase products on the Services (excluding gift cards). |
| 386 | In order to set up your StockX Balance, you must have a StockX account in good standing, have MFA (Multi-Factor Authentication) enabled and meet our enrollment requirements set forth in this section. | 594 | Depositing funds from outside sources is not permitted. |
| 387 | By selling on StockX, you agree to these Terms and acknowledge that your payouts will be issued to your StockX Balance Account. | 595 | All funds are held in USD; no minimum balance is required. |
| 388 | A StockX Balance Account is only available to sellers located in the United States with a currency selection of USD. | 596 | You can view your balance in the "Wallet" tab of your account. |
| 389 | If you change your billing address to outside the United States or change your currency to a non-USD currency, your StockX Balance Account will automatically become inactive. | 597 | Custody of Funds . |
| 390 | Your available balance will still be available for withdrawal, subject to these Terms, however you will no longer receive payouts to your StockX Balance Account, nor will you be able to purchase using your available balance. | 598 | StockX LLC holds your funds as custodian in one or more pooled custodial bank accounts for your benefit, subject to a Client Money Account Agreement with our bank service provider. |
| 391 | In order to comply with applicable laws and regulations, StockX (or our third-party payment service providers, as applicable) may require you to provide additional information (such as Government ID, TIN). | 599 | StockX maintains a ledger of your ownership interest. |
| 392 | The verification will be performed by our third-party service provider. | 600 | Funds may be eligible for FDIC protection. |
| 393 | If StockX is unable to verify your identity based on information provided, if you fail to complete the verification or if you cease to meet any of the eligibility requirements set forth herein, StockX reserves the right to terminate or suspend your StockX Account. | 601 | You will not earn interest on your balance; all interest belongs to StockX. |
| 394 | StockX also reserves the right to retain any available balance to the extent required by law. | 602 | StockX will not use your funds for corporate purposes, voluntarily make them available to creditors, or knowingly permit creditors to attach your balance. |
| 395 | You represent that all information provided to us or our third-party service providers by you in connection with your use of the StockX Balance Account is accurate, up-to-date and not misleading. | 603 | Verification . |
| 396 | You agree to promptly update such information associated with your StockX account or third-party service providers accounts if it changes. | 604 | To comply with applicable law, StockX or its third-party providers may require identity verification (e.g., government ID, TIN). |
| 397 | StockX may terminate your StockX Balance Account or the StockX Balance program at any time upon written notice to you. | 605 | If you fail to complete verification or cease to meet eligibility requirements, StockX may suspend or terminate your account and reserve the right to retain any available balance to the extent required by law. |
| 398 | Provided, however, StockX reserves the right to immediately terminate or suspend your use of the StockX Balance program or, any service governed by these Terms if StockX believes that: a) you have violated these Terms, b) your StockX Balance or your StockX Account has been used for deceptive, fraudulent, or illegal activity, or c) you no longer meet the eligibility requirements set forth in these Terms. | 606 | You represent that all information provided is accurate and agree to promptly update it if it changes. |
| 399 | StockX will promptly notify you of any such termination or suspension via email or similar means. | 607 | Withdrawals & Holds . |
| 400 | StockX will not be liable to you for compensation, reimbursement, or damages of any kind in connection with any termination or suspension of the StockX Balance program or your StockX Balance Account in accordance with these Terms. | 608 | You may withdraw available funds at any time while your account is in good standing and not subject to a hold. |
| 401 | Upon suspension, withdrawal will be temporarily suspended. | 609 | Funds will be transferred to your registered bank account via our third-party payout processor. |
| 402 | Upon termination of the StockX Balance program or your StockX Balance Account for any reason: (a) StockX may elect to cancel any pending transactions, and (b) you will remain liable for all fees, charges, and other payment obligations that have been incurred through the date of termination. | 610 | StockX may restrict, delay, or limit access to your balance: (a) if you have violated these Terms; (b) if a dispute involves your balance; (c) to protect system security; or (d) as required by law, court order, or governmental request. |
| 403 | Subject to these Terms, any funds that we are holding in custody for you at the time of termination, less any amounts you owe us, may be transferred to your bank account registered on file via our third party payout processor, if all transfer-related authentication requirements have been fulfilled. | 611 | If notified of a court order or legal process affecting you, StockX may delay, suspend, or limit transfers or release funds as required. |
| 404 | Provided, however, StockX reserves the right to suspend withdrawals of any available balance to the extent required by law. | 612 | Security . |
| 405 | Your access to the StockX Balance will be terminated, and StockX will have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documents or other information in connection with your StockX Balance except as required by law. | 613 | You consent to security procedures, including MFA, that StockX deems appropriate. |
| 406 | StockX Balance is a stored value to be used, as long as you have a StockX account in good standing, solely for a) storing your sales proceeds from sales made on the StockX platform, b) transferring all or some of your sales proceeds to your bank account registered on file via our third party payout processor, or c) purchasing products on the StockX platform. | 614 | Disabling these controls will lock your balance from all activity. |
| 407 | StockX Balance may not be used to purchase gift cards. | 615 | You are responsible for all transfers initiated from your balance, authorized or not, and must promptly notify us of any suspected unauthorized access. |
| 408 | The deposit of funds to your StockX Balance account outside of sales proceeds from sales on StockX is not permitted. | 616 | Termination . |
| 409 | You can view your Stock Balance in the “Wallet” tab of your StockX account. | 617 | StockX may terminate the StockX Balance program or your account upon written notice. |
| 410 | The only funds that you may hold in StockX Balance are sales proceeds from transactions processed on StockX. | 618 | StockX may terminate or suspend immediately if it believes you have: (a) violated these Terms; (b) used your balance for deceptive, fraudulent, or illegal activity; or (c) ceased to meet eligibility requirements. |
| 411 | All funds are held in USD. | 619 | Upon suspension, withdrawals are temporarily suspended. |
| 412 | You are not required to maintain a minimum balance to use StockX Balance. | 620 | Upon termination: pending transactions may be cancelled; you remain liable for all fees and obligations incurred through termination; and any remaining balance, less amounts owed, may be transferred to your registered bank account once authentication requirements are fulfilled, subject to any legally required holds. |
| 413 | StockX LLC will hold the funds in its name for your benefit as your custodian or agent in one or more custodial bank accounts opened with our bank service provider, subject to a Client Money Account Agreement we enter into with the bank. | 621 | StockX is not liable for compensation or damages arising from termination or suspension in accordance with these Terms. |
| 414 | Your balance will be held in a custodial account with the funds of other users of the StockX Balance service. | 622 | Fees & Errors . |
| 415 | StockX will maintain a record of your ownership of the funds held in the custodial accounts, and a detailed ledger documenting all transfers in and out initiated by our third-party payment service providers. | 623 | StockX may pass through fees incurred in connection with withdrawals and may offset amounts you owe against your balance; if your balance is insufficient, your payment method on file will be charged. |
| 416 | Funds held in the custodial account may be eligible for Federal Deposit Insurance Corporation (FDIC) protection. | 624 | If an error occurs in processing a transaction, you authorize StockX to debit or credit your balance to correct it. |
| 417 | You will not receive interest or any other earnings on your StockX Balance. | 625 | You agree to promptly notify us of any suspected error or unauthorized transaction. |
| 418 | For the avoidance of doubt, all interest and other earnings from custodial accounts in which your StockX Balance is held belong to StockX. | 626 | Dormancy . |
| 419 | We will not use any funds held on your behalf for our corporate purposes, will not voluntarily make such funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach your StockX Balance. | 627 | If your StockX Balance shows no activity for the period defined under applicable unclaimed property law, StockX will notify you by email with the option to keep the account open. |
| 420 | StockX Balance can be used to purchase products on the StockX platform, excluding gift cards. | 628 | If no response is received within the time specified in that notice, StockX will close your balance and remit funds in accordance with applicable unclaimed property laws. 29. |
| 421 | Qualifying purchases made on the StockX platform using your StockX Balance earn 5% in rewards credit which can be applied to future purchases on the StockX Platform and are valid for one year from date of issuance (“Rewards Credit”). | 629 | Country-Specific Terms. |
| 422 | Rewards Credits are earned on qualifying amounts which include the product price and processing fee. | 630 | If you reside outside the United States, the following country-specific terms apply to you in addition to and, where applicable, in lieu of the corresponding provisions of these Terms. |
| 423 | For the avoidance of doubt, discounts, taxes, shipping fees, gift cards, and credits do not qualify to earn Rewards Credit. | 631 | In the event of a conflict between these country-specific terms and any other provision of these Terms, the country-specific terms shall control solely with respect to users in the applicable country. |
| 424 | Rewards Credits earned are issued once the item has shipped to you from StockX. | — | Removed |
| 425 | Rewards Credits are provided only as promotional consideration and are not available for purchase and may not be redeemed for cash.StockX reserves the right to deactivate or otherwise rescind Reward Credits in the event the original purchase that earned Reward Credit is returned. | — | Removed |
| 426 | Reward Credit earned through the StockX Balance program can be viewed within the “Wallet” tab of your StockX account. | — | Removed |
| 427 | Details on your Rewards Credit, including the order they were earned from, the remaining amount and expiry date will also be shown there. | — | Removed |
| 428 | Any Rewards Credit available for use on your purchase will be shown in checkout as “Credits” and will be auto-applied to your transaction. | — | Removed |
| 429 | Should you not wish to use your Reward Credits on your purchase, you can remove them before proceeding to confirm your order. | — | Removed |
| 430 | Your Credits will be charged in order of expiration date. | — | Removed |
| 431 | Any Credits used on your order are not eligible to earn additional rewards as covered above in this section. | — | Removed |
| 432 | If an order for which you have used Rewards Credit is cancelled for any reason and a refund is due for this cancellation, your Rewards Credit will be re-issued to your account. | — | Removed |
| 433 | You may withdraw available funds from your StockX Balance at any time, as long as your StockX account is in good standing and your StockX Balance Account is not otherwise subject to a hold as set forth herein. | — | Removed |
| 434 | When you choose to withdraw, the funds will be transferred to your bank account by our third-party payout processor. | — | Removed |
| 435 | We may restrict transactions to or from your StockX Balance or limit access to funds in your StockX Balance Account in an amount and for a period of time we deem necessary to protect us or others, including, without limitation, (a) if we believe you have violated the StockX Terms or these Terms, (b) if any dispute exists involving your StockX Balance or transaction conducted in connection with your StockX Balance, (c) to protect the security of our systems, or (d) if required by law or court order or if otherwise requested by law enforcement or any governmental entity. | — | Removed |
| 436 | We may inspect your StockX Balance Account for any reason. | — | Removed |
| 437 | If we are notified of a court order or legal process affecting you, or if we believe we are required to do so in order to comply with applicable laws, we may be required to take certain actions, including delaying, suspending or ceasing the transfer of proceeds to your StockX Balance, transfer to external accounts, or placing a limit on your StockX Balance, or releasing some or all of your balance. | — | Removed |
| 438 | It is our sole discretion as to which action we deem we are required to do. | — | Removed |
| 439 | When accessing your StockX Balance, and/or utilizing certain features of the StockX Balance service, you consent to the use of security procedures, such as multi-factor authentication, that StockX deems appropriate to maintain the security of your StockX Balance. | — | Removed |
| 440 | If these controls are turned off your StockX Balance will be locked from all activity. | — | Removed |
| 441 | It is important that you maintain the security of your StockX log in information, as well as the data defined in your profile. | — | Removed |
| 442 | You are responsible for all transfers initiated from your StockX Balance, regardless of whether you have authorized (or properly authorized) the transaction. | — | Removed |
| 443 | You agree to promptly notify us of any suspected unauthorized access, in accordance with applicable law. | — | Removed |
| 444 | If there is no activity (as determined by us) in your StockX Balance Account for the period of time defined in applicable unclaimed property laws and you have a balance due to you we will notify you via email to the registered email address in your profile, giving you the option to keep the account open. | — | Removed |
| 445 | If we do not receive a response from you within the terms set forth in that notification, we will terminate your StockX Balance and treat the balance as unclaimed per applicable federal, state and local laws. | — | Removed |
| 446 | StockX reserves the right to pass on any additional fees incurred due to withdrawal of funds to you as a seller. | — | Removed |
| 447 | StockX will also offset any fees or payments owed by you to StockX against your StockX Balance, if your StockX Balance is less than the amount owed, StockX will charge your payment method on file. | — | Removed |
| 448 | If there is an error processing any transaction to or from your StockX Balance you authorize us to debit or credit your StockX Balance to correct such error. | — | Removed |
| 449 | If you believe there has been an error or unauthorized transaction relating to your StockX Balance, you agree to promptly notify us of such issue, in accordance with applicable law. 28. | — | Removed |
| 450 | Country-Specific Terms If you reside in one of the following countries, the additional terms set out below apply to your use of the Site(s) and override any inconsistent terms elsewhere in the Terms. | — | Removed |
| 454 | Introduction The sixth paragraph of this section (Arbitration) is deleted in its entirety. 15. | 635 | The Live Seller Terms and Live Buyer Terms (Sections 10, 11, and all provisions of these Terms governing it), the Listings Marketplace (and all provisions of these Terms governing it), and StockX Balance (Section 28) are available only to users located in the United States and do not apply. |
| 636 | Any reference in these Terms to these features or sections does not apply to users outside the United States. | ||
| 637 | Introduction The final paragraph of this section (Arbitration), beginning “These Terms contain provisions that govern how claims between you and us are resolved…”, is deleted in its entirety. | ||
| 638 | Section 20. | ||
| 457 | To the extent there are any conflicts between these European Country-Specific Terms and the specific country terms, the country specific revisions will apply. | 641 | To the extent there are any conflicts between these European Country-Specific Terms and the specific country terms, the country-specific revisions will apply. |
| 458 | The Terms are modified as follows: 1. | 642 | Section 1. |
| 459 | Changes to Terms and Policies This wording is added after the first two sentences of the first paragraph: "Unless required by law to amend the Terms with immediate effect, StockX will, where applicable, provide sellers with at least 15 days' notice of any changes which affect them." This wording is added to the end of the second paragraph: "Save where otherwise permitted by applicable law, StockX will provide sellers with 30 days' notice of termination of the whole of the Services." 2. | 643 | Changes to Terms and Policies This wording is added after the second sentence of the first paragraph: Unless required by law to amend the Terms with immediate effect, StockX will, where applicable, provide sellers with at least 15 days’ notice of any changes which affect them. |
| 460 | About StockX Live Marketplace This wording of the second paragraph is deleted in its entirety: "and charging your payment method for costs we incur as a result of the violation." 3. | 644 | This wording is added to the end of the second paragraph: Save where otherwise permitted by applicable law, StockX will provide sellers with 30 days’ notice of termination of the whole of the Services. |
| 461 | Accounts, Passwords and Security This wording of the first paragraph is deleted in its entirety: "You agree that we may charge your credit card or other payment method for amounts you owe as described in these terms, as well as any costs or losses arising from your violation of the Terms." 4. | 645 | Section 2. |
| 462 | Fees, Promotional/Discount Codes and Taxes . | 646 | Definitions Enforcement Action (f) in the definition of “Enforcement Actions” — charging the user’s payment method for costs, expenses, and fees incurred by StockX — does not apply. |
| 463 | This wording is deleted in its entirety from the first paragraph: “You agree that StockX is not responsible for reporting, collection or payment of any taxes on your behalf except for jurisdictions where StockX is required as a marketplace facilitator.” This wording is added to the first paragraph: “For EU and UK VAT purposes only, StockX is deemed to act as an undisclosed agent. | 647 | All other Enforcement Actions remain available, subject to applicable law and these Terms. |
| 648 | Section 4. | ||
| 649 | Accounts, Passwords, and Security This wording of “Payment Method Requirements” is deleted in its entirety: You authorize StockX to charge your credit card or other payment method for any amounts you owe under these Terms, including any costs or losses arising from your violation of the Terms. | ||
| 650 | Section 5. | ||
| 651 | Fees, Promotional/Discount Codes and Taxes This wording of “Tax Obligations” is deleted in its entirety: You agree that StockX is not responsible for the collection, reporting, or payment of any taxes on your behalf, except in jurisdictions where StockX is required by law to act as a marketplace facilitator. | ||
| 652 | This wording is added: For EU and UK VAT purposes only, StockX is deemed to act as an undisclosed agent. | ||
| 465 | StockX is responsible and agrees to collect, pay, report and remit any and all VAT that may be due by StockX with respect to these transactions and StockX may provide your contact information to tax authorities as required by law . | 654 | StockX is responsible and agrees to collect, pay, report and remit any and all VAT that may be due by StockX with respect to these transactions and StockX may provide your contact information to tax authorities as required by law. |
| 466 | Under the StockX Verified Seller arrangement where items are shipped directly from a StockX Verified Seller, StockX will also continue to act as an undisclosed agent for EU and UK VAT purposes . | 655 | Under the StockX Verified Seller arrangement where items are shipped directly from a StockX Verified Seller, StockX will also continue to act as an undisclosed agent for EU and UK VAT purposes. |
| 467 | A further description of the VAT collection model in the EU and UK is available on our FAQ page.” This wording is added in its entirety after the first paragraph: “Where the seller is acting as a VAT taxable person (located inside the EU) and has communicated a valid VAT identification number to us, StockX and the seller agree that StockX issues self-billed invoices (in the name and on behalf of the seller) for the seller’s sales transactions within the EU. | 656 | A further description of the VAT collection model in the EU and UK is available on our FAQ page. |
| 657 | This wording is added: Where the seller is acting as a VAT taxable person (located inside the EU) and has communicated a valid VAT identification number to us, StockX and the seller agree that StockX issues self-billed invoices (in the name and on behalf of the seller) for the seller’s sales transactions within the EU. | ||
| 469 | The parties agree that StockX will: i) issue self-billed invoices for the sales transactions on our live marketplace by the seller to StockX as of September 1, 2021; ii) complete self-billed invoices showing the seller’s name, address and VAT identification number, together with all other details which will constitute a full VAT invoice; iii) issue self-billed invoices promptly following payout to the seller ; iv) inform the seller if the issue of self-billed invoices will be outsourced to a third party. | 659 | The parties agree that StockX will: (i) issue self-billed invoices for the sales transactions on the Marketplace by the seller to StockX as of September 1, 2021; (ii) complete self-billed invoices showing the seller’s name, address and VAT identification number, together with all other details which will constitute a full VAT invoice; (iii) issue self-billed invoices promptly following payout to the seller; and (iv) inform the seller if the issue of self-billed invoices will be outsourced to a third party. |
| 470 | The parties agree that the seller will: i) accept invoices issued by the customer on its behalf as of September 1, 2021, and onwards; ii) not issue sales invoices for the sales transactions covered by this agreement; iii) notify StockX immediately if the seller ceases to be registered and/or identified for VAT purposes or has obtained another VAT registration and/or identification number. | 660 | The parties agree that the seller will: (i) accept invoices issued by the customer on its behalf as of September 1, 2021, and onwards; (ii) not issue sales invoices for the sales transactions covered by this agreement; and (iii) notify StockX immediately if the seller ceases to be registered and/or identified for VAT purposes or has obtained another VAT registration and/or identification number. |
| 471 | The parties agree that they will each be responsible for the accuracy and completeness of their own VAT returns, EC Sales Listings (if any) and other related filings and reporting obligations, and the provision of other required documents relating to the VAT return, EC Sales Listing and other related filings and reporting obligations.” 5. | 661 | The parties agree that they will each be responsible for the accuracy and completeness of their own VAT returns, EC Sales Listings (if any) and other related filings and reporting obligations. |
| 472 | Verification; Shipping and Handling. | 662 | Section 9. |
| 473 | To the extent the relevant seller is acting in a commercial capacity, this wording is deleted in its entirety: "and therefore, buyer is not permitted to cancel the purchase if the item does not ship from the seller within the specified timeframe in the sale confirmation email after purchase" This wording is added to the end of the first paragraph: "Shipping will be charged per item and no additional taxes, duties or applicable tax will be collected by StockX upon delivery of your item. | 663 | Marketplace Buyer Terms This wording of “Purchasing and Payment” is deleted in its entirety: If your shipping address is outside the United States, you are responsible for all customs duties, taxes, fees, and compliance with import requirements, and you authorize StockX to appoint an agent to submit customs declarations on your behalf. |
| 474 | Shipping rates are based on the average size and weight of an item. | 664 | To the extent the relevant seller is acting in a commercial capacity, this wording is deleted in its entirety: A Buyer may not cancel a purchase solely because an item does not ship or arrive within the estimated timeframe specified in the sale confirmation email. |
| 475 | Some items that are larger and/or heavier will incur additional shipping costs. | 665 | This wording is added: Prices exclude delivery cost which will be added (at the cost shown) to the total amount due as you select an item. |
| 476 | These costs will be included in the price breakdown at the time a buyer makes their purchase." To the extent the relevant seller is acting in a commercial capacity, this wording is added after the first paragraph: “As a buyer, you have the right to revoke the contract with the seller within fourteen days without giving any reason. | 666 | Shipping will be charged per item and no additional taxes, duties or applicable tax will be collected by StockX upon delivery of your item. |
| 477 | The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. | 667 | Shipping rates are based on the average size and weight of an item; larger and/or heavier items may incur additional shipping costs, which will be included in the price breakdown at the time of purchase. |
| 478 | In the case of a contract for several goods that you have purchased as part of a single auction and which are delivered separately, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. | 668 | Items ordered will be at your risk from the time of delivery or collection (as the case may be), and ownership of the item(s) ordered will pass to you on delivery or collection (as the case may be), provided full payment of all sums due has been received. |
| 479 | In the case of a contract for the delivery of goods in several partial shipments or pieces, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece. | 669 | To the extent the relevant seller is acting in a commercial capacity, this wording is added: As a buyer, you have the right to revoke the contract within fourteen days without giving any reason. |
| 480 | To exercise your right of withdrawal, you must send us by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract to: StockX LLC 1046 Woodward Avenue Detroit MI 48226 USA withdrawal@stockx.com You can also use the withdrawal form available on the Site for this purpose, which is, however, not mandatory. | 670 | The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take possession of the goods (or, for multiple goods ordered together and delivered separately, or goods delivered in several shipments or pieces, the last good, shipment, or piece). |
| 481 | In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. | 671 | To exercise the right of withdrawal you must send us a clear declaration (e.g., a letter by post or e-mail) of your decision, to StockX LLC, 1046 Woodward Avenue, Detroit MI 48226, USA, withdrawal@stockx.com. |
| 482 | Consequences of the revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. | 672 | You may use the withdrawal form available on the Site, but it is not mandatory. |
| 483 | For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. | 673 | To meet the withdrawal period it is sufficient to send your declaration before the period expires. |
| 484 | We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. | 674 | If you revoke the contract, we will reimburse all payments received from you, including delivery costs (except supplementary costs arising from your choice of a delivery type other than the least expensive standard delivery offered by us), without undue delay and within fourteen days of receiving your declaration, using the same means of payment you used, at no fee to you; we may withhold reimbursement until we have received the goods back or you have supplied evidence of return, whichever is earlier. |
| 485 | You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. | 675 | You must return the goods without undue delay and within fourteen days of your declaration; you bear the direct cost of returning the goods, including any return shipping costs, and you are liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. |
| 486 | The deadline is met if you send the goods before the expiry of the period of fourteen days. | 676 | Nothing in this section affects your statutory rights. |
| 487 | You shall bear the direct costs of returning the goods. | 677 | Section 16. |
| 488 | You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. | 678 | User Content This wording of “What you waive” is deleted in its entirety: If StockX elects to attribute User Content to you, you grant StockX the right to use your name, image, likeness, and/or photograph in connection with such attribution, and you waive any related privacy or publicity claims. |
| 489 | To return the item(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if you have been provided with one) inside the parcel).You are advised to obtain adequate postal/carriage insurance to cover the value of the contents. | 679 | You further agree to waive any moral rights or similar rights in User Content, and consent to StockX engaging in acts that might otherwise infringe such rights. |
| 490 | Please retain your proof of posting/dispatch and tracking information, if applicable, until your refund has been processed. | 680 | The remaining waiver of the right to be identified as the author of User Content and the right to object to its use continues to apply to the extent permitted by applicable law. |
| 491 | Nothing in this section affects your legal rights." 6. | 681 | Section 19. |
| 492 | Counterfeits, Fraud and Market Manipulation This wording of the first paragraph is deleted in its entirety and subsequent subsections renumbered accordingly: "charge seller’s payment method for costs, expenses and fees incurred by StockX as a result of seller’s action or inaction, including charging seller for the cost of replacement items, the value of coupons and gift certificates provided to the buyer, reprinting fees incurred by StockX, rerouting charges imposed by carriers, and refunds to the buyer; (vi)." This wording of the fourth paragraph is deleted in its entirety and subsequent subsections renumbered accordingly: "charge user’s payment method for costs, expenses and fees incurred by StockX as a result of the user’s actions; (vi)." 7. | 682 | Disputes with StockX This section is deleted in its entirety and replaced with: You and StockX agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be dealt with by the courts of your place of residence. |
| 493 | Seller Obligations This wording of the first paragraph is deleted in its entirety and subsequent subsections renumbered accordingly: "charge seller’s payment method for costs, expenses and fees incurred by StockX as a result of seller’s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by StockX, rerouting charges imposed by carriers, and refunds to the buyer; and (vii)." 8. | 683 | You may also apply for an out-of-court mechanism to resolve any dispute relating to the Terms with the competent bodies; for example, the Consumer Redress in the European Union platform https://consumer-redress.ec.europa.eu/index_en provides information about alternative dispute resolution in the European Union, but you are free to choose an alternative out-of-court mechanism. |
| 494 | Buyer Obligations This wording of the first paragraph is deleted in its entirety: "If your address is outside the United States, then you will be responsible for picking up your package and for paying all customs, duties, taxes and any other related fees in addition to the international shipping charges; you will be responsible for compliance with all customs requirements on import as required; and, when placing your order, you authorize us to appoint an agent to file the customs declarations on your behalf." This wording is added to the end of the first paragraph: "Prices exclude delivery cost which will be added (at the cost shown) to the total amount due as you select an item. | 684 | If you are a seller and you wish to raise a complaint in connection with these Terms and/or the Services then you can contact Customer Services on the details provided on our FAQ page, as may be updated from time to time. |
| 495 | Items ordered will be at your risk from the time of delivery or collection (as the case may be). | 685 | Your complaint will be escalated to the relevant StockX team to consider; we will try to provide you with an initial response within 48 hours and, in any event, within a reasonable time frame, and will attempt to resolve the complaint within 30 days of receipt. |
| 496 | Ownership of the item(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the item(s), including any delivery charges, has been received." 11. | 686 | A seller may request that a complaint is treated and recorded as a regulatory complaint and considered by us in accordance with Regulation (EU) 2019/1150 (the “Platform to Business Regulation”) by notifying us in writing of such request (as part of their complaint notice) to Customer Services, provided that the complaint relates to one or more of the following: (a) alleged non-compliance by StockX with any of its obligations laid down in the Platform to Business Regulation; (b) technological issues which relate directly to the provision of the Services; and/or (c) measures taken by, or the behaviour of, StockX which relate directly to the provision of the Services. |
| 497 | User Content This wording of the first paragraph is deleted in its entirety: "If StockX does decide, in its sole discretion, to attribute User Content to you, you hereby grant StockX the right to use your name (and/or any user name), image, likeness, and/or photo with respect to such attribution, and you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. | 687 | In addition to the complaints procedure described above, if you are a seller, the dispute may be referred by either you or us at any time to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. |
| 498 | You hereby agree to waive all claims of moral rights associated with being the author of User Content, and to consent to StockX doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied." 14. | 688 | Unless otherwise agreed between you and us within 14 days of notice of the dispute, the mediator will be nominated by CEDR; to initiate the mediation, a party must give notice in writing to the other party referring the dispute to mediation, with a copy to CEDR. |
| 499 | Disputes with StockX This section is deleted in its entirety and replaced with: "You and StockX agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be dealt with by the court of your place of residence. | — | Removed |
| 500 | You may also apply for an out-of-court mechanism to solve any lawsuit relating to the Terms with the competent bodies. | — | Removed |
| 501 | For example, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution in the European Union which may be of interest, but you are free to choose an alternative out-of-court mechanism. | — | Removed |
| 502 | If you are a seller and you wish to raise a complaint in connection with these Terms and/or the Services then you can contact Customer Services on the details provided on this FAQ page, as may be updated from time to time. | — | Removed |
| 503 | Your complaint will then be escalated to the relevant StockX team to consider. | — | Removed |
| 504 | We will try our best to provide you with an initial response within 48 hours and, in any event, within a reasonable time frame (taking into account the importance and complexity of the complaint). | — | Removed |
| 505 | We will attempt to resolve the complaint within 30 days of receipt. | — | Removed |
| 506 | A seller may request that a complaint is treated and recorded as a regulatory complaint and considered by us in accordance with Regulation (EU) 2019/1150 (the " Platform to Business Regulation ")) by notifying us in writing of such request (as part of their complaint notice) to Customer Services, provided that the complaint is in relation to the one or more of the following issues: alleged non-compliance by StockX with any of its obligations laid down in the Platform to Business Regulation; technological issues which relate directly to the provision of the Services; and/or measures taken by, or the behaviour of, StockX which relate directly to the provision of the Services. | — | Removed |
| 507 | In addition to utilising the complaints procedure described above, if you are a seller, the dispute may be referred by either you or us at any time to the Centre for Effective Dispute Resolution (" CEDR ") for mediation. | — | Removed |
| 508 | Unless otherwise agreed between you and us within 14 days of notice of the dispute, the mediator will be nominated by CEDR. | — | Removed |
| 509 | To initiate the mediation, a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. | — | Removed |
| 510 | A copy of the referral should be sent to CEDR. | — | Removed |
| 512 | Nothing in this section will prevent any sellers or us from commencing or continuing any legal proceedings at any time in relation to any dispute or complaint." 23. | 690 | Nothing in this section will prevent any sellers or us from commencing or continuing any legal proceedings at any time in relation to any dispute or complaint. |
| 513 | General The wording "the laws of the State of Michigan, USA, without regard to conflicts of laws provisions, and except as described in Section 14 exclusive venue is in the federal and state courts located in Wayne County, Michigan, USA." is deleted in its entirety and replaced with: "the laws of the country of your residence, without prejudice to any mandatory conflicts of laws provisions. | 691 | Section 24. |
| 514 | Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence." France In addition to amendments detailed above, if you reside in France the Terms are modified as follows: 2. | 692 | General The governing-law and venue wording is deleted in its entirety, namely: “These Terms are governed by and will be construed under the laws of the State of Michigan, without regard to any conflicts of laws principles.” and “To the extent any claim or dispute is not subject to arbitration pursuant to Section 19 (Disputes with StockX), you and StockX agree that such claim or dispute shall be resolved exclusively in the state or federal courts located in Wayne County, Michigan, and you consent to the exclusive jurisdiction and venue of such courts.” and replaced with: These Terms are governed by the laws of the country of your residence, without prejudice to any mandatory conflicts of laws provisions. |
| 515 | About StockX Live Marketplace This wording is added to the end of the section: "The user of StockX’s live marketplace may be professionals or consumers. | 693 | Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence. |
| 694 | All other provisions of Section 24 (including the exclusion of the UN Convention on Contracts for the International Sale of Goods, severability, waiver, assignment, entire agreement, and force majeure) continue to apply. | ||
| 695 | The one-year limitation-of-action provision (“any cause of action … must commence within one (1) year …”) does not apply to the extent it would shorten a limitation period that may not be reduced by agreement under applicable law. | ||
| 696 | France In addition to amendments detailed above, if you reside in France the Terms are modified as follows: Section 3. | ||
| 697 | About Our Services / Section 6. | ||
| 698 | Marketplace Transactions This wording is added to the end of the section: The user of StockX’s Marketplace may be professionals or consumers. | ||
| 518 | Auction brokerage operations StockX’s live marketplace therefore provides a service of auction brokerage by electronic means within the meaning of Article L.321-3 paragraph 2 of the French Commercial Code, which allows the buyers and the sellers registered on the platform to discuss the price of the products offered for sale. | 701 | Auction brokerage operations StockX’s Marketplace therefore provides a service of auction brokerage by electronic means within the meaning of Article L.321-3 paragraph 2 of the French Commercial Code, which allows the buyers and the sellers registered on the platform to discuss the price of the products offered for sale. |
| 521 | StockX’s live marketplace allows the buyers and the sellers to post “Asks” and to make “Bids” on the price of the product offered for sale on the marketplace." 3. | 704 | StockX’s Marketplace allows the buyers and the sellers to post “Asks” and to make “Bids” on the price of the product offered for sale on the marketplace. |
| 522 | Accounts, Passwords and Security This wording of the first paragraph is deleted in its entirety: "and you agree to accept responsibility for all activities that occur under your account or password" is deleted in its entirety." 4. | 705 | Section 4. |
| 523 | Fees, Promotional/Discount Codes and Taxes This wording is added to the end of the section: "For more information regarding their obligations under French law, sellers can consult the following websites: - For tax obligations: https://www.impots.gouv.fr/portail/node/10841 - For social obligations: http://www.securite-sociale.fr/Vos-droits-et-demarches-dans-le-cadre-des-activites-ec onomiques-entre-particuliers-Article-87 ." 8. | 706 | Accounts, Passwords, and Security This wording of “Account Security and Responsibilities” is deleted in its entirety: “and for all activities that occur under your account”. |
| 524 | Buyers Obligations This wording of the first paragraph is deleted in its entirety: "WHEN YOU PLACE A BID, YOU ARE COMMITTING TO PURCHASE THE ITEM AS SOON AS YOUR BID MATCHES A SELLER’S ASK PRICE AND YOU ACKNOWLEDGE THAT PAYMENT OF THE ASK PRICE WILL BE TAKEN FROM YOUR PAYMENT METHOD." 9. | 707 | Section 5. |
| 525 | Limitation and Restrictions This wording of the second paragraph is deleted in its entirety: "in StockX’s sole discretion. | 708 | Fees, Promotional/Discount Codes and Taxes This wording is added to the end of the section: For more information regarding their tax and social-security obligations under French law, sellers should consult the official resources published by the competent French authorities. |
| 526 | You also agree to reimburse StockX for any damage, loss, cost or expense StockX incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose." 11. | 709 | Section 9. |
| 527 | User Content The word "perpetual" in the first paragraph is deleted in its entirety and replaced with "for the duration of intellectual property rights". | 710 | Marketplace Buyer Terms This wording is deleted in its entirety: WHEN YOU PLACE A BID, YOU ARE COMMITTING TO PURCHASE THE ITEM IF YOUR BID MATCHES A SELLER’S ASK, AND YOU AUTHORIZE PAYMENT TO BE COLLECTED FROM YOUR PAYMENT METHOD AT THAT TIME. |
| 528 | This wording is added to the end of the first sentence of the first paragraph: "for the purpose of providing the Services. | 711 | Section 14. |
| 529 | SUCH LICENSE TO USE USER CONTENT IS PROVIDED ROYALTY-FREE." This wording of the second paragraph is deleted in its entirety: "and will not be liable for any use or disclosure of any User Content;" 12. | 712 | Limitations and Restrictions This wording is deleted in its entirety: You agree to reimburse StockX for any losses, damages, costs, or expenses (including reasonable attorneys’ fees and professional advisory fees) incurred by StockX as a result of your unlawful or prohibited use of the Services, including in connection with the investigation, defense, or resolution of such matters. |
| 530 | Indemnity This wording is added to the start of the first paragraph: "If you are a professional user, you…" This wording is added as a new paragraph at the end of the section: "If you are a consumer user, you will be liable for any fault or breach of the Terms in accordance with the general liability rules of the French Civil Code." 13. | 713 | Section 16. |
| 531 | Disclaimer of Warranties; Limitations of Liability A new sub-heading "Provisions applicable to professional users only" is added to the beginning of the first paragraph. | 714 | User Content The word “perpetual” in “What you grant us” is deleted in its entirety and replaced with “for the duration of intellectual property rights”. |
| 532 | A new sub-section named "Provisions applicable to consumer users only" begins after the fifth paragraph and this wording is added: "As part of the sales contract concluded between you and the seller, you have vis-à-vis professional seller statutory warranty rights. | 715 | This wording is added to the license grant: “for the purpose of providing the Services. |
| 533 | Consumer buyers (only) are informed that, as part of the legal warranty of conformity: - The period of time for suit is of two years from delivery of the item; - The buyer can either ask that the defective item is repaired or replaced, subject to the costs provided by article L.211-9 of the French Consumer Code; - For a period of twenty-four months from delivery of the item, the buyer is not required to prove the lack of conformity of an item, unless the item is second-hand. | 716 | Such license to use User Content is provided royalty-free.” Section 17. |
| 717 | Indemnity This wording is added to the start of the section: “If you are a professional user, you…” This wording is added as a new paragraph at the end of the section: “If you are a consumer user, you will be liable for any fault or breach of the Terms in accordance with the general liability rules of the French Civil Code.” Section 18. | ||
| 718 | Disclaimer of Warranties; Limitations of Liability A sub-heading “Provisions applicable to professional users only” is added before the warranty and liability disclaimers. | ||
| 719 | A sub-section “Provisions applicable to consumer users only” is added, beginning after the fifth paragraph, with the following wording: As part of the sales contract concluded between you and the seller, you have vis-à-vis professional seller statutory warranty rights. | ||
| 720 | Consumer buyers (only) are informed that, as part of the legal warranty of conformity: – The period of time for suit is of two years from delivery of the item; – The buyer can either ask that the defective item is repaired or replaced, subject to the costs provided by article L.211-9 of the French Consumer Code; – For a period of twenty-four months from delivery of the item, the buyer is not required to prove the lack of conformity of an item, unless the item is second-hand. | ||
| 539 | If an item delivered to a buyer is damaged in any way, then StockX – acting as a broker, will contact the seller and demand a replacement or a refund, provided such damage is covered by the warranties described above." 20. | 726 | If an item delivered to a buyer is damaged in any way, then StockX – acting as a broker, will contact the seller and demand a replacement or a refund, provided such damage is covered by the warranties described above. |
| 540 | Links to Other Websites This wording of the first paragraph is deleted in its entirety: "StockX disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites" and "You agree that you will bring no suit or claim against StockX arising from or based upon any such use of any Linked Websites." United Kingdom In addition to amendments detailed above, if you reside in the United Kingdom the Terms are modified as follows: 8. | 727 | Section 23. |
| 541 | Buyer Obligations This wording is added to the end of the section as a new paragraph: "If any item you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you. | 728 | Disclaimers In “Links to Other Websites,” the following wording is deleted in its entirety: “To the fullest extent permitted by applicable law, StockX disclaims all liability arising from your access to or use of any Linked Websites or reliance on any content, products, or services made available through such Linked Websites.” and “You agree that, to the extent permitted by applicable law, you will not bring any claim against StockX arising out of or relating to your access to or use of any Linked Websites.” United Kingdom In addition to amendments detailed above, if you reside in the United Kingdom the Terms are modified as follows: Section 9. |
| 729 | Marketplace Buyer Terms This wording is added to the end of the section as a new paragraph: If any item you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you. | ||
| 543 | Nothing in this section affects your legal rights." 13. | 731 | Nothing in this section affects your legal rights. |
| 544 | Disclaimer of Warranties; Limitations of Liability. | 732 | Section 18. |
| 545 | This wording is deleted in its entirety: "You covenant not to sue StockX and agree that you will not hold StockX responsible for other users' content, actions or inaction." The wording "you release and covenant not to sue StockX, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. | 733 | Disclaimer of Warranties; Limitations of Liability This wording is deleted in its entirety: “You covenant not to sue StockX, and agree that you will not hold StockX responsible, for other users’ content, actions, or inactions.” This wording is deleted in its entirety: If you have a dispute with one or more users, you release and covenant not to sue StockX, its affiliates, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands, and damages (actual or consequential), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute. |
| 546 | In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release." is deleted in its entirety and replaced with: "you must deal with the relevant user directly and we shall not be a party to such dispute". | 734 | To the extent permitted by applicable law, you expressly waive any protections (whether statutory or otherwise, including California Civil Code § 1542) that would otherwise limit the scope of this release. and replaced with: “you must deal with the relevant user directly and we shall not be a party to such dispute.” This wording is added immediately before the “Limitation of Liability” paragraph: Nothing in these Terms shall limit or exclude any liability to you: for death or personal injury caused by negligence; for fraudulent misrepresentation; for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; under Part I of the Consumer Protection Act 1987; or for any other liability that, by law, may not be limited or excluded. |
| 547 | The wording "In addition" at the start of the third paragraph is deleted in its entirety and replaced with: "Nothing in these Terms shall limit or exclude any liability to you: for death or personal injury caused by negligence; for fraudulent misrepresentation; for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; under Part I of the Consumer Protection Act 1987; or for any other liability that, by law, may not be limited or excluded. | 735 | Subject to this, and… Section 25. |
| 548 | Subject to this, and…" 24. | 736 | Mobile Applications This wording is added to the end of the section as new paragraphs: In-App purchases may involve a subscription. |
| 549 | Mobile Applications and In-App Purchases This wording is added to the end of the section as new paragraphs: "In-App purchases may involve a subscription. | 737 | In such a case, the fee gives you access to the features, functions and/or content for the period you select from the available options, and at the end of that period the subscription will automatically renew for an equivalent period (and continue to do so) unless you alter your renewal settings in accordance with the relevant App Store’s instructions. |
| 550 | In such a case, the fee you pay gives you access to the features, functions and/or content for the period of time selected by you from amongst the available options indicated within the App. | 738 | Where you pay to download an in-App purchase, we warrant that it will substantially comply with the description provided at the point of download and that any services provided through it will be provided with reasonable care and skill. |
| 551 | It is important to note that, at the end of this subscription period, your subscription will automatically renew for an equivalent period (and continue to do so), unless you alter your subscription renewal settings in accordance with the instructions to be found on the relevant third party application store. | 739 | Optional in-App purchases are made available immediately after download, and you acknowledge that, subject to any cancellation right the relevant App Store allows, you will have no right to cancel under the Consumer Contracts Regulations once the download has started. |
| 552 | Where you pay to download the in-App purchase, we warrant that it will substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill. | 740 | Japan In addition to the amendments detailed above, if you reside in Japan the Terms are modified as follows: Section 16. |
| 553 | The optional in-App purchases you download are made available to you immediately after the download is complete and you acknowledge and agree that this is the case and that, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel under the Consumer Contracts Regulations (sometimes known as a ‘cooling off’ right) once the download has started." Japan In addition to the amendments detailed above, if you reside in Japan the Terms are modified as follows: 11. | 741 | User Content The wording “You waive any right to be identified as the author of your User Content and any right to object to its use, including in marketing and promotional materials” is deleted in its entirety and replaced with “You agree not to exercise your right to be identified as the author of your User Content or your right to object to its use, including in marketing and promotional materials”. |
| 554 | User Content The wording "You further agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content" is deleted in its entirety and replaced with: "You further agree not to exercise your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content". | 742 | The wording “you waive any related privacy or publicity claims” is replaced with “you will not raise any related privacy or publicity claims”, and “You further agree to waive any moral rights or similar rights in User Content” is replaced with “You further agree not to assert any moral rights or similar rights in User Content”. |
| 555 | The wording "you waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. | 743 | Section 24. |
| 556 | You hereby agree to waive all claims of moral rights" is deleted in its entirety and replaced with: " you will not arise any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. | 744 | General The governing-law and venue wording is deleted in its entirety, namely: “These Terms are governed by and will be construed under the laws of the State of Michigan, without regard to any conflicts of laws principles.” and “To the extent any claim or dispute is not subject to arbitration pursuant to Section 19 (Disputes with StockX), you and StockX agree that such claim or dispute shall be resolved exclusively in the state or federal courts located in Wayne County, Michigan, and you consent to the exclusive jurisdiction and venue of such courts.” and replaced with: These Terms are governed by the laws of the country of your residence, without prejudice to any mandatory conflicts of laws provisions. |
| 557 | You hereby agree not to raise all claims of moral rights". 23. | 745 | Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence. |
| 558 | General The wording "the laws of the State of Michigan, USA, without regard to conflicts of laws provisions, and except as described in Section 14 exclusive venue is in the federal and state courts located in Wayne County, Michigan, USA." is deleted in its entirety and replaced with: "the laws of the country of your residence, without prejudice to any mandatory conflicts of laws provisions. | 746 | All other provisions of Section 24 (including the exclusion of the UN Convention on Contracts for the International Sale of Goods, severability, waiver, assignment, entire agreement, and force majeure) continue to apply. |
| 559 | Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence ". | 747 | South Korea In addition to the amendments detailed above, if you reside in South Korea the Terms are modified as follows: Section 3. |
| 560 | South Korea In addition to the amendments detailed above, if you reside in South Korea the Terms are modified as follows: 2. | 748 | About Our Services The following wording is deleted in its entirety: The Services are intended for use only by persons who are at least 18 years of age. |
| 561 | About StockX Live Marketplace The wording “The Site and Services are intended for use only by persons who are at least 16 years of age. | 749 | By using the Services you confirm that you meet this requirement and that, if you are under the age of 18 (or the age of legal majority where you live), you have received permission from your parent or legal guardian before using the Services and may not list an item for sale. and replaced with: The Services are intended for use only by persons who are at least 19 years of age. |
| 562 | By using the Site and Services you confirm that you meet this requirement and that, if you are under the age of 18 (or the age of legal majority where you live), you have received permission from your parent or guardian before using the Site and Services and may not list an item for sale.” is deleted in its entirety and replaced with: “The Site and Services are intended for use only by persons who are at least 19 years of age. | 750 | By using the Services you confirm that you meet this requirement and that, if you are under the age of 19, you have received permission from your parent or legal guardian before using the Services. |
| 563 | By using the Site and Services you confirm that you meet this requirement and that, if you are under the age of 19, you have received permission from your parent or guardian before using the Site and Services.” 8. | 751 | Section 9. |
| 564 | Buyer Obligations The wording “ALL SALES ARE FINAL ONCE THE ITEM IS VERIFIED AND DELIVERED, AND NO REFUND REQUESTS WILL BE HONORED REGARDLESS OF THE CURRENT VALUE OF THE ITEM” is deleted in its entirety and replaced with: “ALL SALES ARE FINAL ONCE THE ITEM IS VERIFIED AND DELIVERED, AND NO REFUND REQUESTS WILL BE HONORED REGARDLESS OF THE CURRENT VALUE OF THE ITEM UNLESS THE SALES FALLS UNDER THE FOLLOWING TYPES OF DEALS: DROPX AND B2C PRODUCT PAGES” 9. | 752 | Marketplace Buyer Terms In “Final Sale Items,” the following is added at the end of the sentence “…all sales are final once the item is verified (if applicable) and delivered, and no refunds will be issued”: UNLESS THE SALE FALLS UNDER THE FOLLOWING TYPES OF DEALS: DROPX AND B2C PRODUCT PAGES. |
| 565 | Limitations and Restrictions The wording “use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;” is deleted in its entirety and replaced with: “use our Services if you are not able to form legally binding contracts (for example, if you are under 19 years old), or are temporarily or indefinitely suspended from using our Services;” 11. | 753 | Section 14. |
| 566 | User Content The wording “If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe.” is deleted in its entirety and replaced with: “If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. | 754 | Limitations and Restrictions In the bullet regarding the capacity to form legally binding contracts, “under 18 years old” is deleted and replaced with “under 19 years old”. |
| 567 | For the avoidance of doubt, StockX may only use User Content for operating, promoting and improving the Services. | 755 | Section 16. |
| 568 | Nothing in this section shall be construed to grant a license to Stock X beyond the scope permitted by applicable laws.” 13. | 756 | User Content This wording is added to the license grant: For the avoidance of doubt, StockX may only use User Content for operating, promoting and improving the Services. |
| 569 | Disclaimer of Warranties; Limitations of Liability The wording “You covenant not to sue StockX, and agree that you will not hold StockX responsible, for other users’ content, actions, or inactions. | 757 | Nothing in this section shall be construed to grant a license to StockX beyond the scope permitted by applicable laws. |
| 570 | StockX is a marketplace for consumer goods. | 758 | Section 18. |
| 571 | You acknowledge that you are buying items from a third party, not StockX. | 759 | Disclaimer of Warranties; Limitations of Liability In “Marketplace Disclaimer & User Disputes,” the sentence “You covenant not to sue StockX, and agree that you will not hold StockX responsible, for other users’ content, actions, or inactions” is prefaced with “To the extent permitted by applicable laws,”. |
| 572 | While we may help as your commercial agent facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, listings, and/or items listed or sold. | 760 | The sentence beginning “If you have a dispute with one or more users, you release and covenant not to sue StockX…” is likewise prefaced with “To the extent permitted by applicable laws,” (the waiver sentence that follows it is already so qualified in the main Terms). |
| 573 | If you have a dispute with one or more users, as a buyer or seller, you release and covenant not to sue StockX, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. | 761 | Italy If you reside in Italy, the Terms are modified as follows. |
| 574 | In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.” is deleted in its entirety and replaced with: “To the extent permitted by applicable laws, you covenant not to sue StockX, and agree that you will not hold StockX responsible, for other users’ content, actions, or inactions. | 762 | These Terms and Conditions of Use apply to the Sites and Services (each as defined in Section 2 herein) we provide to you, whether as a guest or registered user. |
| 575 | StockX is a marketplace for consumer goods. | 763 | The Services are operated by StockX LLC, located at 1046 Woodward Ave, Detroit, MI 48226 USA (“StockX,” “we,” “us,” or “our”), and provide, among other things, a marketplace that allows users to research, buy and sell certain consumer goods. |
| 576 | You acknowledge that you are buying items from a third party, not StockX. | 764 | These Terms and Conditions of Use, together with our Marketplace FAQs (the “FAQs”), our Community Guidelines , Privacy Policy and all other policies and requirements posted on our Sites, each as amended from time to time and incorporated herein by reference (collectively, the “Terms”), govern your access to and use of our Services. |
| 577 | While we may help as your commercial agent facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, listings, and/or items listed or sold. | 765 | In these Terms, “you” and “your” refer to (a) the individual accessing and/or using the Services, (b) any electronic agent (including, without limitation, bots, APIs, AI or large language model-based tools, buy-for-me agents, or other automated software) accessing and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing and/or using the Services. |
| 578 | If you have a dispute with one or more users, as a buyer or seller, to the extent permitted by applicable laws, you release and covenant not to sue StockX, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. | 766 | You are responsible for all actions taken through your account or by any such electronic agent. |
| 579 | In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.” Italy If you reside in Italy, the Terms are modified as follows: These are the terms and conditions of use for https://stockx.com/ ("Site"). | 767 | Your access to and use of the Services are governed by the Terms, which constitute a legally binding agreement between you and StockX. |
| 580 | The Site is operated by StockX LLC of 1046 Woodward Ave, Detroit, MI 48226 USA (“StockX,” “we,” “us”, or “our”) and is a live marketplace that allows users to research, buy and sell certain consumer goods. | 768 | By accessing or using the Services, or accepting these Terms, you agree to be bound and abide by them in full. |
| 581 | These Terms and Conditions of Use, our Marketplace FAQs (the “FAQS”), and all other requirements posted on our websites, all of which are incorporated into these Terms and Conditions of Use by reference and as amended from time to time (collectively, “Terms”) describe the terms and conditions on which we provide our websites (the “Sites”), services, data, software, applications (including mobile applications) and tools (collectively “Services”) to you, whether as a guest or a registered user. | 769 | If you do not agree to these Terms, you must not use any portion of the Services. |
| 582 | In these Terms, “you” and “your” refer to (a) you, the individual accessing and/or using the Services, (b) any electronic agent accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Sites and/or using the Services. | 770 | Please read these Terms carefully. |
| 583 | Your use of the Sites and Services will be subject to these Terms and by using them you agree to be bound by them. | 771 | Also, StockX collects and processes personal data in accordance with its Privacy Policy, available at https://stockx.com/privacy . |
| 584 | These Terms create a legal contract between you and us. | 772 | Please access and read our Privacy Policy carefully because by using our Services you also agree to be bound by our Privacy Policy. |
| 585 | Please read them carefully. | 773 | For all purposes, the English-language version of these Terms is the original and controlling agreement between the parties. |
| 586 | We will collect and process personal data in accordance with our Privacy Policy https://stockx.com/privacy . | 774 | In the event of any conflict between the English version and any translation, the English version shall prevail. 1. |
| 587 | By using our Sites and Services, or by clicking to accept these Terms, you accept and agree to be bound and abide by these Terms in full. | 775 | Changes to Terms and Policies StockX may in its discretion change the Terms (including the FAQs or any policy) at any time. |
| 588 | If you do not agree to these Terms, do not use our Sites or any portion of the Services. 1. | 776 | We may notify you of such changes by email and/or other means. |
| 589 | Changes to Terms and Policies. | 777 | Unless required by law to amend the Terms with immediate effect, StockX will, where applicable, provide sellers with at least 15 days’ notice of any changes which affect them. |
| 590 | StockX may in our discretion change these Terms (including the FAQs or any policy) at any time, but if we do, we will place a notice on our Site. | 778 | Changes take effect on the date set forth in the Terms. |
| 591 | We may also send you an email and/or notify you by some other means. | — | Removed |
| 592 | Unless permitted by law to amend the Terms with immediate effect, StockX will provide sellers with at least 15 days' notice of any changes which affect them. | — | Removed |
| 593 | Changes take effect on the date set out in the Terms. | — | Removed |
| 595 | YOUR CONTINUED USE OF THE SITE AND/OR SERVICES AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. | 780 | Your continued use of the Services after we change these Terms constitutes your acceptance of the changes. |
| 596 | IF YOU DO NOT AGREE TO ANY OF THE CHANGES, YOU MUST CANCEL YOUR ACCOUNT AND NOT USE ANY PORTION OF THE SERVICES. | 781 | If you do not agree to any of the changes, you must delete your account and not use any portion of the Services. |
| 597 | The version of these Terms posted on our Sites on each respective date you visit the Sites will be the Terms applicable to your access and use of the Services on that date. | 782 | The version of these Terms posted on the Sites on each respective date you access or use the Services will be the Terms applicable to your access and use of the Services on that date. |
| 598 | Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms and the Privacy Policy that were in force on each respective date you visited the Sites. | 783 | Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms and the Privacy Policy that were in force on each respective date you accessed and used the Services. |
| 600 | StockX will provide sellers with 30 days' notice of termination of the whole of the Services. 2. | 785 | Save where otherwise permitted by applicable law, StockX will provide sellers with 30 days’ notice of termination of the whole of the Services. 2. |
| 601 | About StockX Live Marketplace. | 786 | Definitions The following capitalized terms have the meanings set forth below wherever they appear in these Terms. |
| 602 | The Site and Services are intended for use only by persons who are at least 18 years of age. | 787 | Additional defined terms may be introduced in specific sections and shall have the meanings given to them in those sections. |
| 603 | By using the Site and Services you confirm that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Site and Services. | 788 | All monetary figures expressed in USD in these Terms are read as the applicable converted equivalent in euro. “Ask” means a binding offer placed by a Seller on the Marketplace to sell a specific item at a stated price. “Bid” means a binding offer placed by a Buyer on the Marketplace to purchase a specific item at a stated price. “Buyer” means any user who purchases items through the Marketplace, whether by placing a Bid or using the “buy now” function. “Contributions” means any ideas, suggestions, documents, or proposals submitted by a user to StockX. “Enforcement Actions” means any one or more of the following actions taken by StockX against a user: (a) charging applicable service fees, including a minimum fee of EUR 15.00 or up to 15% of the applicable transaction amount; (b) removing active Bids; (c) cancelling pending orders; (d) withholding, offsetting, or refusing refunds or other payments owed to the user; (e) restricting buying and selling privileges; (f) charging the user’s payment method for costs, expenses, and fees incurred by StockX, including costs associated with replacement items, coupons or gift certificates provided to the applicable Buyer or other affected user, administrative fees, and carrier charges; and (g) suspending or terminating the user’s account. |
| 604 | StockX allows third party sellers to list and sell their products in a live marketplace on the Site and Services. | 789 | For users in Italy, Enforcement Action (f) does not apply; all other Enforcement Actions remain available, subject to applicable law. “FAQs” means StockX’s Marketplace Frequently Asked Questions, as updated from time to time and available on the Sites. “Historical Data” means historical sales data, pricing information, and estimated values for items made available through the Services. “Intellectual Property” means all patents, copyrights, trademarks, service marks, trade secrets, and other intellectual property owned or licensed by StockX. “Linked Websites” means third-party websites or social media platforms accessible via hyperlinks on the Services that are not owned or controlled by StockX. “Marketplace” means the marketplace component of the Services, through which Buyers and Sellers conduct Transactions. “Seller” means any user who lists and sells products through the Marketplace. “Services” means the Sites and all other services, data, software, applications, products, services, and tools provided by StockX, including the Marketplace. “Sites” means the website located at https://stockx.com/ and the StockX mobile application, collectively. “Transaction” means each transaction between a Seller and a Buyer conducted through the Marketplace. “User Content” means any text, graphics, photos, or other materials or content provided by a user to StockX or submitted through the Services. 3. |
| 605 | Sellers' products will be made available for sale on all of our Sites and mobile applications . | 790 | About Our Services The Services are intended for use only by persons who are at least 18 years of age. |
| 606 | Sellers must create an account to sell items on the StockX platform (see Section 3). | 791 | By using the Services you confirm that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or legal guardian before using the Services and may not list an item for sale. |
| 607 | Buyers may create an account or complete their purchase using guest checkout. | 792 | The Services include the Marketplace, as described herein and made available by StockX. |
| 608 | Buyers and sellers can delete or deactivate their account by following the options available on our FAQ page, as updated from time to time. | 793 | StockX allows third parties to sell their products to other third-party buyers through its Services. |
| 609 | Matching: Buyer may place bids, and seller may place asks on the platform for specific items. | 794 | All items sold through our Services are either sent to StockX for verification or shipped directly from a Seller pursuant to StockX’s Verified Seller program. |
| 610 | If a seller uses the StockX platform to place an item for a fixed or minimum price, the seller makes a binding offer to conclude a contract for this item at this fixed or minimum price. | 795 | Unless a provision of these Terms expressly limits its application to a particular component of the Services, all provisions apply to Sellers and Buyers as applicable to their respective activities on the Services. 4. |
| 611 | If a buyer uses the StockX platform to place a bid offering a fixed or maximum price for a specific item, the buyer makes a binding offer to conclude a contract for this item at this fixed or maximum price. | 796 | Accounts, Passwords, and Security Account Creation. |
| 612 | Buy now: The buyer may also select the “buy now” function. | 797 | Some features require you to create an account. |
| 613 | If the buyer uses the “buy now” feature, which will attempt to automatically match a buyer with a seller at the lowest overall ask price, the contract will be concluded at the moment where the buyer clicks on the “Buy now” button and the transaction is successfully completed. | 798 | You may also be required to create an account to access other functions. |
| 614 | However, if the buyer accesses a product page through a sponsored listing, the buyer may not be matched with the lowest ask price. | 799 | To create an account, you must use an email address and password or another account creation method made available through the Services, such as a social media account. |
| 615 | Sell now: If the seller uses the “sell now” feature, which will attempt to automatically match a seller with a buyer at the highest bid, the contract will be concluded at the moment where the seller clicks on the “Sell now” button and the transaction is successfully completed. | 800 | You may delete or deactivate your account by following the instructions set forth in our FAQs, as updated from time to time. |
| 616 | In these scenarios the contract is concluded between buyer and seller under the condition that the article has been verified by StockX. | 801 | Payment Method Requirements. |
| 617 | A further description of the live marketplace process and the rules applicable to buyers and sellers is available on our FAQ page, as updated from time to time. | 802 | To place an Ask or a Bid, you must create an account and maintain a valid credit card or other approved payment method on file with our third-party payment processors. |
| 618 | While StockX as the platform provider helps facilitate transactions that are carried out on the StockX platform, StockX is neither the buyer nor the seller of the seller's products. | 803 | Account Security and Responsibilities. |
| 619 | StockX provides a venue for sellers and buyers to negotiate and complete transactions. | 804 | When creating an account, you agree to provide accurate and complete information and not to register under a false name or age or use an unauthorized payment method. |
| 620 | Accordingly, the contract formed at the completion of a sale for these third party products is solely between the buyer and seller. | 805 | You are responsible for maintaining the confidentiality of your account and credentials and for all activities that occur under your account. |
| 621 | Although StockX might provide historical pricing data to the buyer and seller, we do not set prices for the items and StockX is not an auctioneer. | 806 | You agree to notify StockX immediately of any unauthorized access to or use of your account or password, or any other breach of security. |
| 622 | StockX acts as an intermediary to allow each Buyer and Seller involved in each transaction to conclude a sale. | 807 | You may be held liable for losses incurred by StockX or any other person or entity resulting from unauthorized use of your account or password. |
| 623 | Once a Sale has been created or the Buy Now mode has been chosen, StockX takes on all the responsibilities of the seller towards the Buyer, and is responsible for the obligations of the latter under Legislative Decree No 206 of 6 September 2005 (Consumer Code) in relation to the right of withdrawal and the legal warranty provided for respectively by article 52 and following and article 128 and following of the (Consumer Code). | 808 | You may not use another user’s account or password at any time without that user’s express permission, and you may not transfer or assign your account to another person. |
| 624 | Because sellers set prices, they may be higher than retail value of the products sold on our Site. | 809 | You are required to keep your contact information current. |
| 625 | Any item valuations displayed through the Services are estimates only. | 810 | From time to time, applicable laws or regulations may require you to provide, or StockX or its partners to verify, certain information about you. |
| 626 | StockX does not guarantee that any item will sell. | 811 | Failure to timely provide StockX or its partners with all relevant information may result in suspension of your account. 5. |
| 627 | StockX reserves the right to investigate complaints and violations of these Terms and, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending a buyer or seller account. | 812 | Fees, Promotional/Discount Codes and Taxes Fees and Promotional Codes. |
| 628 | Although the Services are anonymous and we generally do not share your information with other buyers and sellers, we may share information, except where prohibited by applicable law in the relevant jurisdiction, with (1) tax authorities (2) buyers as required by law, or (3) law enforcement and/or brands and professional advisers under an obligation of confidentiality about sellers or other individuals or entities who we believe may traffic in or attempt to traffic in counterfeit goods, or who otherwise violate law or these Terms in accordance with our Privacy Policy , and we may respond to all inquiries initiated by law enforcement or other governmental agencies. | 813 | Fees for the Services are described in our FAQs, as updated from time to time. |
| 629 | The Services are accessible to certain international sellers and buyers. | 814 | StockX may furnish alphanumeric codes that may be used for promotional or discount purposes for purchases made through the Services. |
| 630 | StockX may provide access to certain features and tools to international sellers and buyers, such as estimated local currency conversion and integrated international shipping, customs and tax tools. | 815 | Such promotional or discount codes may be distributed via email to registered users, displayed on our Services, or circulated at events or through other means, and are subject to applicable promotional or discount terms. |
| 631 | Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. 3. | 816 | Tax Obligations. |
| 632 | Accounts, Passwords, and Security. | 817 | You are responsible for collecting, paying, reporting, and remitting any taxes applicable to your sales, and for paying any taxes applicable to your purchases. |
| 633 | You may be required to create an account in order to access certain functions of the Site and Services. | 818 | Tax Information Disclosure. |
| 634 | In order to create an account you must use an email address and password or other account creation tools offered on the Services, such as a social media account. | 819 | In accordance with our Privacy Policy and solely to the extent necessary to complete a transaction or comply with applicable law, you agree to provide StockX with all relevant tax information. |
| 635 | To offer items for sale (“Ask”) or offer to purchase items (“Bid”), you must create an account and have a valid credit card or other approved payment method on file with our third-party payment processors. | 820 | StockX may disclose such information to applicable tax authorities or other competent governmental bodies in connection with payments made to you. |
| 636 | When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. | 821 | Failure to provide StockX with all relevant tax information may result in suspension of your account. |
| 637 | If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. | — | Removed |
| 638 | You agree to notify StockX immediately upon learning of any unauthorized use of your account or password, or any other unauthorized access or breach of security. | — | Removed |
| 639 | However, you may be held liable for losses incurred by StockX or any other person or entity due to another person using your account or password. | — | Removed |
| 640 | You may not use any other user’s account or password at any time without the express permission and consent of the holder of that account or password. | — | Removed |
| 641 | You may not transfer or assign your account. 4. | — | Removed |
| 642 | Fees, Promotional/Discount Codes and Taxes. | — | Removed |
| 643 | Fees for the Services, including applicable shipping fees, are described in our FAQ , as updated from time to time. | — | Removed |
| 644 | StockX may sometimes furnish an alphanumeric code that can be used for promotions or discounts for purchases on our sites. | — | Removed |
| 645 | These promotional or discount codes may be sent via email to our registered users, presented on our Sites or circulated at events and through other means and, are subject to applicable promotional or discount terms. | — | Removed |
| 646 | As a seller you are responsible and agree to collect, pay, report and remit any and all local, state, provincial, federal, or international taxes (including VAT and sales tax) that may be due by you with respect to your sales transaction, and as a buyer you agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due by you with respect to your purchase transaction. | — | Removed |
| 647 | In accordance with the Privacy Policy and only to the extent necessary to complete a transaction, you agree to provide StockX with all relevant tax information which StockX may provide to any tax authority in connection with payments you receive from us and where applicable further authorize StockX to release that information to such tax authority or other competent governmental body. | — | Removed |
| 648 | Your account may be suspended for failure to provide StockX with all relevant tax information to support filings to the appropriate tax authority. | — | Removed |
| 656 | The parties agree that StockX will: i) issue self-billed invoices for the sales transactions on our live marketplace by the seller to StockX as of September 1, 2021; ii) complete self-billed invoices showing the seller’s name, address and VAT identification number, together with all other details which will constitute a full VAT invoice; iii) issue self-billed invoices promptly following payout to the seller; iv) inform the seller if the issue of self-billed invoices will be outsourced to a third party. | 829 | The parties agree that StockX will (i) issue self-billed invoices for the sales transactions on the Marketplace by the seller to StockX as of September 1, 2021; (ii) complete self-billed invoices showing the seller’s name, address and VAT identification number, together with all other details which will constitute a full VAT invoice; (iii) issue self-billed invoices promptly following payout to the seller; and (iv) inform the seller if the issue of self-billed invoices will be outsourced to a third party. |
| 657 | The parties agree that the seller will: i) accept invoices issued by the customer on its behalf as of September 1, 2021, and onwards; ii) not issue sales invoices for the sales transactions covered by this agreement; iii) notify StockX immediately if the seller ceases to be registered and/or identified for VAT purposes or has obtained another VAT registration and/or identification number. | 830 | The parties agree that the seller will (i) accept invoices issued by the customer on its behalf as of September 1, 2021, and onwards; (ii) not issue sales invoices for the sales transactions covered by this agreement; and (iii) notify StockX immediately if the seller ceases to be registered and/or identified for VAT purposes or has obtained another VAT registration and/or identification number. |
| 658 | The parties agree that they will each be responsible for the accuracy and completeness of their own VAT returns, EC Sales Listings (if any) and other related filings and reporting obligations, and the provision of other required documents relating to the VAT return, EC Sales Listing and other related filings and reporting obligations. 5. | 831 | The parties agree that they will each be responsible for the accuracy and completeness of their own VAT returns, EC Sales Listings (if any) and other related filings and reporting obligations, and the provision of other required documents relating to the VAT return, EC Sales Listing and other related filings and reporting obligations. 6. |
| 659 | Verification; Shipping and Handling. | 832 | Marketplace Transactions How Transactions Work. |
| 660 | As part of the purchase transaction, the seller will ship the item to StockX If StockX determines the item meets our verification standards, StockX will ship the item to the buyer. | 833 | Bids and Asks: A Buyer may place Bids, and a Seller may place Asks on the Marketplace for specific items. |
| 661 | You can learn more about our verification process by visiting our About page . | 834 | If a Seller uses the Marketplace to place an item for a fixed or minimum price, the Seller makes a binding offer to conclude a contract for this item at this fixed or minimum price. |
| 662 | If we determine that it does not meet our verification standards, then we will notify the buyer and the seller that the item has not passed verification and will issue a refund to the buyer. | 835 | If a Buyer uses the Marketplace to place a bid offering a fixed or maximum price for a specific item, the Buyer makes a binding offer to conclude a contract for this item at this fixed or maximum price. |
| 663 | Additionally, StockX has the right to reject any item for any reason, including but not limited to, authenticity, failure to meet our condition standards, or damage of the item (the “Condition Standards”). | 836 | You can learn more about Bids and Asks in our FAQs. Buy now: The Buyer may also select the “buy now” function on the Marketplace. |
| 664 | Once we receive the item from the seller it generally takes 1-2 business days for us to verify the item and ship it to a buyer. | 837 | If the Buyer uses the “buy now” feature, which will attempt to automatically match a Buyer with a Seller at the lowest overall ask price currently available, the contract will be concluded at the moment where the Buyer clicks on the “buy now” button and the transaction is successfully completed. |
| 665 | This paragraph is not applicable to orders which ship directly from a StockX Verified Seller (“Verified Seller Orders”). | 838 | However, if the Buyer accesses a product page through a sponsored listing, the Buyer may not be matched with the lowest ask price, and may instead be matched with the applicable sponsored listing price. |
| 666 | Verified Seller Orders must also meet the Condition Standards. | 839 | Sell now: If the Seller uses the “sell now” feature on the Marketplace, which will attempt to automatically match a Seller with a Buyer at the highest bid currently available, the contract will be concluded at the moment where the Seller clicks on the “sell now” button and the transaction is successfully completed. |
| 667 | You can learn more about our Verified Seller program in our FAQs. StockX policy requires sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase. | 840 | StockX’s Role. |
| 668 | However, because StockX cannot control the amount of time it takes for the item to reach StockX, we cannot guarantee a specific delivery timeframe for any items. | 841 | StockX operates the Marketplace and facilitates Transactions between Buyers and Sellers. |
| 669 | If a buyer does not receive an item, the buyer shall promptly report the issue to StockX within 2 days of the latest estimated delivery date. | 842 | Except where StockX is expressly identified as the seller of a product, StockX is not a party to the sale and acts solely as the operator of the Marketplace. |
| 670 | StockX has the right, in our sole and absolute discretion to refuse to accept returns or other refunds and/or to charge restocking fees for returned or abandoned items. | 843 | Accordingly, any contract formed upon the completion of a sale for a product listed by a third-party Seller is solely between the applicable Buyer and Seller. |
| 671 | If a buyer or seller refuses to accept delivery of a package sent to his/her address on file, StockX will consider the property abandoned after thirty (30) days and may charge the buyer or seller StockX’s reasonable expenses incurred due to such refusal to accept delivery. | 844 | In Transactions, the contract between the Buyer and Seller is concluded subject to StockX’s verification of the item, except where the item is shipped directly from a StockX Verified Seller. |
| 845 | Once a sale has been created or the “buy now” mode has been chosen, StockX takes on all the responsibilities of the seller towards the Buyer and is responsible for the obligations of the seller under Legislative Decree No. 206 of 6 September 2005 (the “Consumer Code”) in relation to the right of withdrawal and the legal warranty, provided for respectively by Article 52 et seq. and Article 128 et seq. of the Consumer Code. | ||
| 846 | StockX acts as a commercial agent for the limited purpose of facilitating the conclusion of sales between Buyers and Sellers. | ||
| 847 | Sellers independently determine the prices at which they offer products for sale, and such prices may exceed the original retail price of the applicable products. | ||
| 848 | Although StockX may make Historical Data available through the Services, StockX does not set prices for Marketplace listings, does not guarantee the accuracy of any Historical Data, does not guarantee that any item will sell, and is not an auctioneer. | ||
| 849 | StockX reserves the right to investigate complaints, suspected misconduct, and violations of these Terms and, to the extent permitted by applicable law, to take any action it deems appropriate, including suspending or terminating accounts, removing listings, canceling Transactions, withholding payments, or pursuing any other remedies available under these Terms or applicable law. | ||
| 850 | User Information and Disclosure. | ||
| 851 | Although the Marketplace is generally anonymous and StockX does not routinely share user information with other Buyers or Sellers, StockX may disclose user information, except where prohibited by applicable law, to (i) tax authorities, (ii) Buyers as required by law, or (iii) law enforcement agencies, brands, partners, or professional advisers (each under an obligation of confidentiality) in connection with investigations into counterfeit goods, unlawful conduct, or violations of laws or these Terms, in accordance with our Privacy Policy. | ||
| 852 | StockX may respond to inquiries initiated by law enforcement, brands seeking to protect or enforce their intellectual property rights, or other governmental agencies. | ||
| 853 | International Transactions. | ||
| 854 | Certain features of the Services are accessible to certain international Sellers and Buyers. | ||
| 855 | StockX may provide access to certain features and tools to international Sellers and Buyers, including estimated local currency conversion and integrated international shipping, customs and tax tools. | ||
| 856 | Sellers and Buyers are solely responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. 7. | ||
| 857 | Verification Verification. | ||
| 858 | As part of a Transaction, the Seller will ship the item to StockX for verification. | ||
| 859 | Once an item is received by StockX, verification and shipment to a Buyer generally occurs within one to two business days; however, this timeframe is not guaranteed. | ||
| 676 | You can resell an item purchased on StockX and we will waive fees if the item is sold within 90 days of delivery. | 864 | Verification Outcomes. |
| 677 | You learn more about the Resell No Fee Program on our FAQ page As a Buyer, you have the right to withdraw from the contract with the Seller within fourteen days without giving any reasons . | 865 | If StockX determines that the item meets its verification standards (the “Verification Standards”), StockX will ship the item to the applicable Buyer. |
| 678 | StockX shall in practice assume all the responsibilities of the Seller in relation to the right of reconsider and withdrawal (therefore without the obligation of the Buyer to explain the reasons), thus acting towards the Buyer as if it were the Seller. | 866 | If StockX determines that the item does not meet the Verification Standards, StockX will notify the Buyer and the Seller and will issue a refund to the Buyer. |
| 679 | The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. | 867 | You can learn more about our verification process by visiting our About page. |
| 680 | In the case of a contract for several goods that you have purchased as part of a single auction and which are delivered separately, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. | 868 | StockX’s Right to Reject Items. |
| 681 | In the case of a contract for the delivery of goods in several partial shipments or pieces, the period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece. | 869 | StockX reserves the right, in its sole discretion, to reject or decline to process any item at any time for any reason or no reason, including, without limitation, concerns regarding authenticity, condition, damage, intellectual property, legal or regulatory compliance, fraud, risk management, reputational risk, or violations of these Terms. |
| 682 | To exercise your right of withdrawal, you must send us by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract to: StockX LLC 1046 Woodward Avenue Detroit MI 48226 USA withdrawal@stockx.com You can also use the withdrawal form available on the Site for this purpose, which is, however, not mandatory. | 870 | StockX has no obligation to provide a reason for any rejection. |
| 683 | In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. | 871 | If an item is rejected, StockX will use commercially reasonable efforts to return the item to the Seller at the Seller’s expense; provided, however, that StockX reserves the right to dispose of, deliver to law enforcement, or take any other action with respect to any item that StockX suspects to be counterfeit, unlawful, or otherwise subject to the remedies described in Section 11. |
| 684 | Consequences of the revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. | 872 | StockX shall have no liability to any Seller or Buyer arising from the rejection of any item or the exercise of any right under this section, without prejudice to a consumer’s mandatory statutory rights under the Consumer Code. |
| 685 | For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. | 873 | Scope of This Section. |
| 686 | We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. | 874 | The verification process described in this Section does not apply to orders that ship directly from a Seller in the StockX Verified Seller Program. |
| 687 | You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. | 875 | StockX’s right to reject, dispose of, or deliver items to law enforcement as described above applies to all items that come into StockX’s possession, regardless of the applicable sales channel. |
| 688 | The deadline is met if you send the goods before the expiry of the period of fourteen days. | 876 | You can learn more about StockX’s Verified Seller Program in our FAQs. 8. |
| 689 | You shall bear the direct costs of returning the goods. | 877 | Marketplace Seller Terms Listing and Transaction Obligations. |
| 690 | You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods. | 878 | Sellers must create an account to list items for sale on StockX (see Section 4). |
| 691 | To return the item(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if you have been provided with one) inside the parcel).You are advised to obtain adequate postal/carriage insurance to cover the value of the contents. | 879 | By listing an item for sale on the Marketplace for your desired Ask, you are making a binding offer to sell that specific item to a Buyer at the Ask price you have specified and to ship the item in accordance with our FAQs. When a Buyer accepts your Ask, you are legally bound and obligated to deliver that exact item at the specified price. |
| 692 | Please retain your proof of posting/dispatch and tracking information, if applicable, until your refund has been processed. | 880 | Sellers must ship items using the shipping carrier designated by StockX and within the timeframe stated in the applicable sale confirmation email. |
| 693 | Nothing in this section affects your legal rights. 6. | 881 | Sellers must obtain and retain a shipment receipt from the shipping carrier. |
| 694 | Counterfeits, Fraud, and Market Manipulation. | 882 | Items must be shipped from the country associated with your address on file. |
| 695 | StockX takes counterfeiting, fraud and market manipulation very seriously. | 883 | StockX will provide you with a shipping label or shipping instructions once your Ask is matched. |
| 696 | If a seller provides a counterfeit item or attempts to defraud any buyer or StockX, StockX reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of seller’s listings from the Services; (ii) cancel any or all of seller’s orders pending through the Services; (iii) withhold any payments due to seller; (iv) place limits on seller’s buying and selling privileges; (v) ship the item back to the seller at the seller’s cost (including any customs and duties amounts incurred by StockX); (vi) provide the counterfeit items to law enforcement or destroy the counterfeit items, (vii) temporarily or permanently suspend seller’s account, and (viii) charge seller’s payment method a minimum of EUR15.00 or an amount up to 15% of the transaction amount, in StockX's sole discretion, as a service fee. | 884 | In the event a label is provided, Sellers must use it to ship the applicable item. |
| 697 | Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon StockX’s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud). | 885 | Sellers are responsible for monitoring their inventory and ensuring that all listings are accurate. |
| 698 | Seller understands and agrees that if we provide the counterfeit item to law enforcement, seller’s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with us. | 886 | Once a Bid and Ask are matched, a Seller may not cancel the transaction. |
| 699 | We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of listings or sales or account suspension. | — | Removed |
| 700 | If this occurs in error please contact us at https://stockx.com/help . | — | Removed |
| 701 | We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through StockX. | — | Removed |
| 702 | If a buyer receives an item that it believes to be counterfeit, the buyer must notify StockX in writing within 10 days after receiving the item, and we will commence an investigation into the item. | — | Removed |
| 703 | The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, providing the item to law enforcement, destroying the item, or delivering the item back to us, at our direction. | — | Removed |
| 704 | If we elect to have the buyer destroy the item, the buyer shall provide reasonable proof of destruction to us. | — | Removed |
| 705 | We will refund all fees and costs paid by the buyer for the item (including shipping and handling). | — | Removed |
| 706 | In no event may a buyer resell any item (on StockX or elsewhere) that is reasonably believed to be counterfeit. | — | Removed |
| 707 | StockX may monitor the integrity of the StockX marketplace and may take steps to protect the marketplace as determined by StockX in its sole discretion (e.g., if StockX believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts). | — | Removed |
| 708 | If StockX believes that a seller or buyer attempts to interfere with the free and fair operation of the StockX marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a product on the StockX marketplace (all of the foregoing in StockX’s sole discretion), then, without limiting any other rights of StockX, StockX reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of the user’s listings from the Services; (ii) cancel any or all of the user’s orders pending through the Services; (iii) withhold any payments due to the user; (iv) place limits on a user’s buying and selling privileges; (v) notify law enforcement of the fraudulent activity; (vi) temporarily or permanently suspend the user’s account, and (vii) charge the user’s credit card an additional service fee of up to EUR1,000 to cover StockX’s investigation fees and other related costs and expenses. 7. | — | Removed |
| 710 | By listing an item for sale (each posting, a “New Ask”), you are making a binding offer to sell that specific item to a buyer who purchases the item for the Ask price you have specified and to ship the item in accordance with our FAQ as updated from time to time. | 888 | All Sellers are responsible for ensuring that listed items accurately match the description and image(s) on the product page associated with their Ask and comply with applicable condition standards. |
| 711 | When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. | 889 | Enforcement. |
| 712 | SELLERS MUST SHIP items via the shipping carrier designated by StockX within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. | 890 | If a Seller fails to deliver an item, ships incorrectly, or otherwise violates these Terms, StockX may take any Enforcement Action, except that Enforcement Action (f) does not apply. |
| 713 | Sellers must ship an item sold on our Sites from the country listed as your address on file. | 891 | StockX may also, in its sole discretion, delist suspected counterfeit, stolen, or unlawful items at any time. |
| 714 | StockX will provide you with a shipping label with such carrier after your Ask is matched by a buyer. | 892 | Payments. |
| 715 | You are obligated to monitor your inventory and ensure all listings are accurate. | 893 | StockX will issue payment to Sellers within a reasonable time following completion of the sale, which occurs upon delivery of the item to the Buyer. |
| 716 | Once a Bid and Ask are matched, under no circumstances may a seller cancel the listing. | 894 | Applicable fees are disclosed during the listing process when your Ask is established and in related notifications (including confirmation emails) and updates. |
| 717 | Failure to fulfill your orders will result in additional charges to you, including a minimum of EUR15.00, or an amount up to 15% of the transaction amount, in StockX’s sole discretion. | 895 | StockX may collect amounts you owe by offsetting such amounts against your outgoing payouts. |
| 718 | If a seller fails to deliver items to StockX or incorrectly ships utilizing the bulk shipping option in accordance with these Terms, StockX reserves the right to do any or all of the following, in its sole discretion: (i) charge seller’s payment method a minimum of EUR15.00 or an amount up to 15% of the transaction amount, in StockX's sole discretion, as a service fee; (ii) remove any or all of seller’s listings from the Services; (iii) cancel any or all of seller’s orders pending through the Services; (iv) withhold any payments due to seller; (v) place limits on seller’s buying and selling privileges; (vi) temporarily or permanently suspend seller’s account. | 896 | You may elect to have charges collected from a stored payment method designated as primary in your Wallet. |
| 719 | As a seller, you are required to ensure that the item you are listing exactly matches the image on the New Ask page and meets the applicable Condition Standard . | 897 | You must maintain a valid payment method. |
| 720 | If StockX or a buyer reasonably determines that your item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then, in StockX’s sole discretion, we will charge your payment method a minimum of EUR15.00 or an amount up to 15% of the transaction amount, as a service fee, plus additional amounts or, as determined in StockX’s discretion, charging you for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by StockX, rerouting charges imposed by carriers, and refunds to the buyer. | 898 | If StockX is unable to collect payment from a stored payment method, StockX may re-enable collection of amounts owed by offsetting against your outgoing payouts and restrict future changes to your payment settings. |
| 721 | StockX has no obligation to return items to a seller that do not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit (in which case, StockX may turn those items over to the proper authorities) at your cost. | 899 | Shipping. |
| 722 | StockX will pay you within a reasonable amount of time following completion of the sale, which occurs when the buyer receives the item. | 900 | Sellers are required to ship items within the timeframe specified in the applicable sale confirmation email. |
| 723 | To get paid more quickly, ship your items immediately after your Ask is matched by a buyer. | 901 | Because StockX does not control shipping carriers or transit times, StockX does not guarantee delivery by any specific date. |
| 724 | To see the fees applicable to sales transactions, please refer to the New Ask window where your Ask price is entered. | 902 | If a Buyer does not receive an item or receives an incorrect item, the Buyer must notify StockX within two (2) days after the latest estimated delivery date. |
| 725 | You will also receive fee information via email notification when an Ask goes live, is updated, or a sale occurs. | 903 | StockX reserves the right, in its sole discretion and to the extent permitted by law, to refuse to accept returns or refunds and to charge restocking or handling fees for returned or abandoned items. |
| 726 | StockX is acting solely as an intermediary between the sellers and the buyers. | 904 | If a Buyer or Seller refuses to accept delivery of a package sent to their address on file, StockX may deem the property abandoned after thirty (30) days and may charge the applicable user for reasonable expenses incurred due to such refusal to accept delivery. |
| 727 | We do not assume any liability regarding the proper performance of the purchase agreement you may conclude with a buyer through the platform, except for StockX’s specific Services described in Section 2 of these Terms and Conditions. | 905 | As a Seller, you will comply with all laws and regulations applicable to the Services, including consumer-protection laws, and you acknowledge StockX’s right of subrogation against you in favour of Buyers where Buyers exercise their rights of withdrawal and legal warranty against StockX under Section 6. 9. |
| 728 | Professional sellers must comply with all laws and regulations applicable to the sale of their products on StockX’s live marketplace . | 906 | Marketplace Buyer Terms Purchasing and Payment. |
| 729 | As Seller, you will also comply with all laws and regulations applicable to the Services, including, without limitation, consumer protection laws, provided that you acknowledge StockX's right to subrogate to Buyers against Seller if Buyers exercise their rights of withdrawal and legal warranty against StockX under Section 2. 8. | 907 | To be eligible to purchase items through the Marketplace, you must have a valid billing address and shipping address in a country supported by StockX. |
| 730 | Buyer Obligations. | 908 | A current list of supported countries is available at Available Countries, which may be updated from time to time. |
| 731 | A buyer may place a Bid on an item for sale through the Services. | 909 | You may create an account or complete a purchase using guest checkout through the Marketplace. |
| 732 | When a Bid matches an Ask, the buyer is obligated to pay for that item. | 910 | Once an account is created, you may place a Bid on an item offered for sale. |
| 733 | WHEN YOU PLACE A BID, YOU ARE COMMITTING TO PURCHASE THE ITEM AS SOON AS YOUR BID MATCHES A SELLER’S ASK PRICE AND YOU ACKNOWLEDGE THAT PAYMENT OF THE ASK PRICE WILL BE TAKEN FROM YOUR PAYMENT METHOD. | 911 | When your Bid matches a Seller’s Ask, you are legally obligated to purchase the item and authorize StockX to charge your designated payment method for the Ask price. |
| 734 | To be an eligible buyer you must have a billing address and shipping address within one of the countries that StockX supports. | 912 | When you place a Bid, you are committing to purchase the item if your Bid matches a Seller’s Ask, and you authorize payment to be collected from your payment method at that time. |
| 735 | You can see a full list of these countries at Available Countries , which may be updated from time to time. | 913 | In general, StockX charges your payment method at the time of purchase and releases payment to the Seller once the transaction is completed. |
| 736 | In general, we charge your payment method immediately upon purchase and, when the transaction is complete, we pay the seller. | 914 | You will not receive interest on purchase amounts during transaction processing. |
| 737 | You will not receive any interest on the purchase amount while the transaction is being fulfilled. | 915 | You may be required to pay additional fees disclosed at the time you place your Bid. |
| 738 | You might be required to pay certain fees as described when placing your Bid, as updated from time to time. | 916 | If your payment fails or you otherwise violate these Terms, StockX may take any Enforcement Action, except that Enforcement Action (f) does not apply. |
| 739 | If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, card is cancelled, chargeback is requested), StockX reserves the right to do any or all of the following, in its sole discretion: (i) charge buyer’s payment method a minimum of EUR15.00 or an amount up to 15% of the transaction amount, in StockX's sole discretion, as a service fee; (ii) remove any or all of buyer’s Bids from the Services; (iii) cancel any or all of buyer’s orders pending through the Services; (iv) withhold refunds or payments due to buyer; (v) place limits on buyer’s buying and selling privileges; (vi) charge buyer’s payment method for costs, expenses and fees incurred by StockX as a result of buyer’s action or inaction; and (vii) temporarily or permanently suspend buyer’s account. | — | Removed |
| 740 | ALL SALES ARE FINAL ONCE THE ITEM IS VERIFIED AND DELIVERED. | — | Removed |
| 741 | If you experience any problems with your purchase or an item, please contact us at https://stockx.com/help. | — | Removed |
| 742 | If there is a problem with an item you received, you must contact us with a detailed description of the problem. | — | Removed |
| 743 | StockX labels and stickers attached to items must not be removed. | — | Removed |
| 744 | All returns will be reviewed, processed and administered directly by StockX regardless of whether they are verified by StockX or shipping directly from a StockX Verified Seller. | — | Removed |
| 748 | As a consumer, you have the following additional rights: Legal warranty: pursuant to Article 128 et seq. of the Consumer Code, you have legal warranty rights in relation to the products you purchase from the Seller on the Site. | 920 | Buyer Promise Returns. |
| 749 | The legal warranty operates automatically and free of charge against the Seller in case of non-conformity of the products purchased with respect to the purchase contract. | 921 | In addition to the return and withdrawal rights described in these Terms, items sold through the Services are also backed by our Buyer Promise. |
| 750 | StockX actually assumes all the responsibilities proper to the Seller in relation to the legal warranty acting therefore towards the Buyer as if it were the Seller.” In the event of a lack of conformity, you may request StockX to replace the product, free of charge. | 922 | If there is an issue with an item you received, you must notify us in writing within 10 days of delivery with a detailed description of the issue. |
| 751 | In addition, at your option, you may request StockX a proportionate reduction in the price paid or termination of the contract (resulting in a refund of the price paid) if any of the following circumstances occur: (a) StockX does not replace the product or cannot replace it because replacement is impossible or would impose disproportionate costs; (b) a lack of conformity appears despite StockX attempted to bring the product into conformity; (c) the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; (d) on the basis of StockX’s declaration or clear circumstances, it is not possible to replace the product within a reasonable period or without significant inconvenience to the Buyer. | 923 | All StockX tags or stickers must remain attached to items; removal of StockX tags or stickers renders items ineligible for return or exchange under any circumstances. |
| 752 | Without prejudice to the other remedies for the protection of the Buyer, StockX may refuse to terminate the contract (consequently resulting in a refund of the price paid) if it proves that the lack of conformity is only minor. | 924 | All returns are reviewed, processed and administered by StockX. |
| 753 | Notwithstanding the above, considering the peculiarities of the platform, StockX will not, under any circumstances, be able to repair the item and, moreover, replacing the product could often be impossible or would impose disproportionate costs onStockX; therefore, the Buyer is aware that, after the reporting of the conformity defect, StockX could directly offer the Buyer a reduction of the price paid or the termination of the contract (with the consequent reimbursement of the price paid). | 925 | Final Sale Items. |
| 754 | StockX, by replacing the Seller, shall be liable to you if the lack of conformity becomes apparent within two years from the date of delivery of the product. 9. | 926 | For items designated as “not eligible for returns” on the product page, all sales are final once the item is verified and delivered, and no refunds will be issued, without prejudice to your mandatory statutory rights under the Consumer Code. |
| 755 | Limitations and Restrictions. | 927 | Resale No Fee Program. |
| 756 | StockX does not provide any guarantee that your items will sell and will not provide any compensation for items that do not sell through our Services. | 928 | You may resell eligible items purchased on StockX, and we will waive applicable seller fees if the item is resold within 90 days of delivery. |
| 757 | StockX also does not guarantee how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold items resulting from any listing delays. | 929 | Additional details regarding the Resell No Fee Program are available in our FAQs. Returns. |
| 930 | As a Buyer, you also have the right to withdraw from the contract within fourteen days without giving any reason. | ||
| 931 | StockX assumes all the responsibilities of the seller in relation to the right of withdrawal, acting toward the Buyer as if it were the seller. | ||
| 932 | The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take possession of the goods (or, for multiple goods ordered together and delivered separately, or goods delivered in several shipments or pieces, the last good, shipment, or piece). | ||
| 933 | To exercise your right of withdrawal you must send a clear declaration of your decision (e.g., a letter by post or e-mail) to StockX LLC, 1046 Woodward Avenue, Detroit MI 48226, USA, withdrawal@stockx.com; you may use the withdrawal form available on the Site, but it is not mandatory. | ||
| 934 | To meet the deadline it is sufficient to send your declaration before the period expires. | ||
| 935 | If you withdraw, we will reimburse all payments received from you, including delivery costs (except supplementary costs arising from your choice of a delivery type other than the least expensive standard delivery offered by us), without undue delay and within fourteen days of receiving your declaration, using the same means of payment you used, at no fee; we may withhold reimbursement until we have received the goods back or you have supplied evidence of return, whichever is earlier. | ||
| 936 | You must return the goods without undue delay and within fourteen days of your declaration; you bear the direct cost of returning the goods, and you are liable for any diminished value resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. | ||
| 937 | Nothing in this section affects your statutory rights. | ||
| 938 | Additional Rights. | ||
| 939 | As a consumer, you have the following additional rights. | ||
| 940 | Pursuant to Article 128 et seq. of the Consumer Code, you have legal warranty rights in relation to the products you purchase. | ||
| 941 | The legal warranty operates automatically and free of charge in the case of non-conformity of the products with the purchase contract. | ||
| 942 | StockX assumes all the responsibilities of the seller in relation to the legal warranty, acting toward the Buyer as if it were the seller. | ||
| 943 | In the event of a lack of conformity you may request that the product be replaced free of charge; in addition, at your option, you may request a proportionate reduction of the price paid or termination of the contract (with a refund of the price paid) where: (a) the responsible party does not or cannot replace the product because replacement is impossible or would impose disproportionate costs; (b) a lack of conformity appears despite an attempt to bring the product into conformity; (c) the lack of conformity is so serious as to justify an immediate price reduction or termination; or (d) it is not possible to replace the product within a reasonable period or without significant inconvenience to you. | ||
| 944 | Without prejudice to other remedies, the responsible party may refuse to terminate the contract if the lack of conformity is only minor. | ||
| 945 | Liability applies where the lack of conformity becomes apparent within two years from delivery of the product. | ||
| 946 | Given the peculiarities of the platform, repair may not be possible and replacement may often be impossible or impose disproportionate costs; accordingly, after a conformity defect is reported, you may be offered directly a reduction of the price paid or termination of the contract with a refund of the price paid. 10. | ||
| 947 | Interactions and Disputes with Other Users Verification Limitations. | ||
| 948 | While StockX requires users to comply with applicable law and to provide information that is accurate and not misleading, StockX does not independently verify all user-provided information or conduct background checks on all users. | ||
| 949 | StockX may, however, verify certain information for particular users or programs but such verification is limited in scope and does not constitute an endorsement or guarantee of any user. | ||
| 950 | User Safety Responsibilities. | ||
| 951 | You are solely responsible for exercising appropriate caution in all interactions with other users, whether through the Services, outside the Services, or in person. | ||
| 952 | This includes, without limitation, safeguarding your personal information, refraining from sharing financial or other sensitive information, not sending money directly to other users outside of approved platform processes, and promptly reporting any suspicious, inappropriate, or concerning activity through in-app reporting tools or the Help Center. | ||
| 953 | User Disputes. | ||
| 954 | Any dispute between you and another user (each, a “User Dispute”) is solely between you and that user, and StockX has no obligation to get involved. | ||
| 955 | However, StockX reserves the right to take action as it deems appropriate to protect users, enforce these Terms, or comply with applicable law. 11. | ||
| 956 | Counterfeits, Fraud, and Market Manipulation Seller Obligations. | ||
| 957 | StockX takes counterfeiting, fraud, and market manipulation seriously. | ||
| 958 | If you provide an item that StockX designates as suspected inauthentic, or if you engage in fraudulent conduct or market manipulation, StockX may take any Enforcement Action, except that Enforcement Action (f) does not apply. | ||
| 959 | In addition to any Enforcement Actions, in cases involving suspected counterfeit, stolen, or unlawful items, StockX may also: (i) return the item to the Seller at their expense, including any applicable customs and duties; (ii) destroy the item or deliver it to law enforcement or the applicable brand, with the Seller remaining responsible for all associated costs; (iii) disclose the Seller’s information to law enforcement agencies, brands, or professional advisers in connection with any investigation; and (iv) with respect to electronics deactivated by the manufacturer, return the item to the manufacturer. | ||
| 960 | You acknowledge and agree that these remedies are reasonable and may be applied regardless of whether you knew or should have known of the counterfeit, suspected counterfeit, or fraudulent nature of the item. | ||
| 961 | If items are delivered to law enforcement, any claims regarding such items must be directed to the relevant law enforcement agency, not StockX. | ||
| 962 | Fraud Monitoring. | ||
| 963 | StockX may use fraud protection measures, including algorithms and automated systems, to monitor for fraud. | ||
| 964 | Such measures may result in cancellation of orders or listings or account suspension. | ||
| 965 | If you believe an action was taken in error, please contact us at https://stockx.com/help. | ||
| 966 | We may require additional information from you if you engage in certain high-value transactions or have high overall payment volumes through StockX. | ||
| 967 | Buyer Obligations. | ||
| 968 | If you receive an item that you believe to be counterfeit, you must notify StockX in writing within 10 days of receipt. | ||
| 969 | We will open an investigation, and you must cooperate with us in the investigation and final disposition of the item, including by providing photographs and other evidence, delivering the item to law enforcement, destroying the item, or returning it to us, at our direction. | ||
| 970 | If we elect to have you destroy the item, you must provide reasonable proof of destruction. | ||
| 971 | We will refund all fees and costs you paid for the item, including shipping and handling. | ||
| 972 | You may not resell any item, on StockX or elsewhere, that is reasonably believed to be counterfeit. | ||
| 973 | Market Manipulation. | ||
| 974 | StockX may monitor marketplace integrity and take steps to protect it as StockX determines in its sole discretion. | ||
| 975 | If StockX determines that a user has engaged in fraud, market manipulation, or conduct that interferes with fair market operation, StockX may take any Enforcement Action, except that Enforcement Action (f) does not apply, including charging investigation fees of up to EUR 1,000 and notifying law enforcement. 12. | ||
| 976 | Limitations and Restrictions StockX does not guarantee that any of your listed items will sell and will not provide any compensation for items that do not sell through our Services. | ||
| 977 | StockX also does not guarantee that any listing will appear within a particular timeframe and is not responsible for unsold items resulting from any listing delays. | ||
| 759 | During maintenance periods the Services (or portions thereof) may be temporarily unavailable. | 979 | During maintenance periods the Services (or portions thereof) may be temporarily unavailable and StockX is not responsible for unsold items resulting from service interruptions. |
| 760 | You must not and will not do any of the following: use our Services to solicit sales outside of StockX or to contact any user of the Services; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services; upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity; engage in abusive treatment of other users of the Services or any StockX employee; create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any StockX representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; use any of the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise; violate any applicable local, state, national or international law; upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; delete or revise any material posted by any other person or entity; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so; harvest or otherwise collect information about others, including e-mail addresses; use StockX’s trademarks without our written permission; except to the extent permitted by applicable law, copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission of StockX and the appropriate third party, as applicable; commercialize all or any part of the StockX Services; use any modified versions of Services, for any reason whatsoever, without the express written consent of StockX; upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission; take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services; attempt to gain any unauthorized access to the Sites or the Services, including computer systems, software, or networks; probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems; bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; or do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace. | 980 | You agree that you will not, and will not permit any third party to, directly or indirectly: use our Services to solicit sales outside of StockX or to contact any user of the Services for the purpose of conducting off-platform transactions; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services; upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; upload, transmit, or otherwise provide any content or information that is fraudulent, false, misleading, or deceptive, including misrepresentations regarding items, transactions, bids, offers, or your use of the Services; fabricate, manipulate, or interfere with any transaction, bid, offer, or process related to the Services, or engage in any fraudulent or misleading bidding or offering activity; engage in abusive treatment of other users of the Services or any StockX employee; promote or engage in discrimination, bigotry, racism, hatred, harassment, violence, or harm against any individual or group; create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any StockX representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); sell, list, or attempt to sell any items that are stolen, unlawfully obtained, taken without authorization, counterfeit, or otherwise illegal to sell; delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; use any of the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise; violate any applicable local, state, national or international law; violate any applicable economic sanctions, export control laws, or anti-money laundering laws, or transmit, exchange, or otherwise support the proceeds of unlawful or fraudulent activity; upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; delete or revise any material posted by any other person or entity; register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so; harvest or otherwise collect information about others, including e-mail addresses; exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or soliciting personally identifiable information; use StockX‘s trademarks without our written permission; except to the extent permitted by applicable law (including the Digital Millennium Copyright Act or other applicable copyright law), copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Services without the prior express written permission of StockX and the appropriate third party, as applicable; commercialize all or any part of the Services; use the Services for benchmarking, competitive analysis, or to develop, commercialize, license, or sell any product or service that competes, directly or indirectly, with StockX; use any modified versions of Services, for any reason whatsoever, without the express written consent of StockX; upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission; take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services; attempt to gain any unauthorized access to the Services, including computer systems, software, or networks; probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems; bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; disguise, mask, or interfere with the IP address or other identifying information of the device used to access the Services, or otherwise prevent us from accurately identifying such information; encourage, enable, or assist any other person or entity to engage in any conduct prohibited by these Terms; or do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts the integrity, security, or proper operation of our marketplace. |
| 761 | StockX reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. | 981 | StockX reserves the right to take any lawful action it deems appropriate in response to actual or suspected violations of these Terms, including, without limitation, suspending or terminating your access to the Services or your account. |
| 762 | StockX may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. | 982 | StockX may cooperate with law enforcement authorities or other third parties in the investigation of any suspected or alleged criminal or civil wrongdoing. |
| 763 | Except as may be expressly limited by applicable law, StockX reserves the right at all times to disclose any information as StockX deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in StockX’s sole discretion. | 983 | Except as expressly limited by applicable law, StockX may disclose information as StockX determines necessary to comply with applicable laws, regulations, legal processes or governmental requests, or to protect the rights, property, safety, or integrity of StockX, its users, or the marketplace. |
| 764 | You also agree to reimburse StockX for any damage, loss, cost or expense StockX incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose. 10. | 984 | StockX also reserves the right, in its sole discretion, to edit, refuse to post, or remove any content or materials made available through the Services. |
| 765 | Intellectual Property. | 985 | You agree to reimburse StockX for any losses, damages, costs, or expenses (including reasonable attorneys’ fees and professional advisory fees) incurred by StockX as a result of your unlawful or prohibited use of the Services, including in connection with the investigation, defense, or resolution of such matters, to the extent permitted by applicable law. 13. |
| 766 | You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. | 986 | Intellectual Property You acknowledge and agree that (i) all Intellectual Property is the exclusive property of StockX or its licensors, and (ii) nothing in these Terms grants you any ownership interest or license in such Intellectual Property except as expressly provided herein. |
| 767 | In addition, you shall not now or in the future contest the validity of our Intellectual Property. | 987 | To the extent permitted by applicable law, you agree not to challenge the validity or enforceability of StockX‘s Intellectual Property. |
| 768 | Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of StockX or its licensors or suppliers, and are protected by Italian and international intellectual property laws (including copyright and trademark laws). | 988 | The Services, including all text, graphics, logos, buttons, icons, images, audio clips, software, and other content, are owned by StockX or its licensors and are protected by Italian and international intellectual property laws. |
| 769 | The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Services is the exclusive property of StockX and protected by Italian and international intellectual property (including copyright) law. | 989 | The compilation, selection, and arrangement of content made available through the Services are the exclusive property of StockX and are likewise protected. |
| 770 | Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited. | 990 | Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the Services or their content is strictly prohibited. |
| 771 | StockX grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. | 991 | Subject to your compliance with these Terms, StockX grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Services solely for your personal or internal business use. |
| 772 | All rights not expressly granted to you in these Terms are reserved and retained by StockX. 11. | 992 | Except to the extent expressly permitted by applicable law, you may not (and may not permit any third party to) copy, modify, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from, sell, assign, sublicense, or otherwise transfer any right in or access to the Services, or any content made available through them. |
| 773 | User Content. | 993 | All rights not expressly granted to you in these Terms are reserved and retained by StockX. 14. |
| 774 | If you provide us with any text, graphics, photos or other materials or content (“User Content”), you grant us a non-exclusive, for the entire duration of the maximum protection granted under Italian law, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, through the Services, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired, or wireless, without limitation, throughout the universe. | 994 | User Content If you provide us with User Content, you retain any ownership rights you may have in such User Content, and except as expressly provided below with respect to Contributions, StockX does not claim ownership of User Content. |
| 775 | The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content. | 995 | License Grant. |
| 776 | You agree that StockX (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if StockX receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests. | 996 | Subject to the foregoing, you grant StockX the following rights in your User Content: What you grant us: A non-exclusive, transferable, irrevocable, royalty-free, fully paid-up, sublicensable license, for the entire duration of the maximum protection granted under Italian law, to use your User Content. |
| 777 | You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. | 997 | How we may use it: We may reproduce, distribute, create derivative works from, publicly perform, display, publish, encode, sell, and otherwise commercialize your User Content in any media, now known or hereafter developed, worldwide, in connection with operating, improving, marketing, and promoting the Services. |
| 778 | You shall be solely responsible for your own User Content and the consequences of posting or publishing it. | 998 | What you waive: You waive any right to be identified as the author of your User Content and any right to object to its use, including in marketing and promotional materials. |
| 779 | You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to StockX under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of StockX’s marketplace. | 999 | If StockX elects to attribute User Content to you, you grant StockX the right to use your name, image, likeness, and/or photograph in connection with such attribution, and you waive any related privacy or publicity claims. |
| 780 | You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. | 1000 | You further agree to waive any moral rights or similar rights in User Content, and consent to StockX engaging in acts that might otherwise infringe such rights. |
| 781 | By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to StockX, you acknowledge and agree that: (a) your Contributions don’t contain confidential or proprietary information; (b) StockX isn’t under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) StockX shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) StockX may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of StockX without any obligation of StockX to you; and (f) StockX is free to use any ideas, concepts, or techniques that you send StockX for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques; and (g) you aren’t entitled to any compensation or reimbursement of any kind from StockX under any circumstances. 12. | 1001 | The rights granted under this section are irrevocable for the duration of the applicable intellectual property protection. |
| 782 | Indemnity. | 1002 | You acknowledge and agree that StockX may record, store, review, reproduce, and use User Content, your voice, and likeness, for purposes including transaction verification, fraud prevention, dispute resolution, trust and safety enforcement, improving the Services, and compliance with applicable law. |
| 783 | To the extent permitted by the applicable law, you shall indemnify, defend and hold StockX and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, (c) your improper use of the Services, (d) your violation of any law or the rights of a third party, or (e) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. | 1003 | You acknowledge and agree that StockX: (i) has no obligation of confidentiality, attribution, or otherwise with respect to User Content; (ii) has no obligation to post, display, or otherwise use any User Content; (iii) has no obligation to provide compensation for any use of User Content or otherwise from the exercise of the rights granted under this Section, even if StockX receives compensation therefrom; (iv) may monitor, alter, or remove User Content at its discretion; and (v) may disclose User Content and related information as necessary to operate the Services, protect StockX and third parties, including for fraud prevention, transaction verification, dispute resolution, and enforcement of these Terms, or comply with legal obligations or governmental requests. |
| 784 | We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. | 1004 | You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any applicable laws. |
| 785 | All rights and duties of indemnification that are set forth herein shall survive termination of these Terms. 13. | 1005 | User Content must comply with these Terms and any applicable content standards, community guidelines, or policies referenced herein or made available by StockX from time to time. |
| 786 | Disclaimer of Warranties; Limitations of Liability. | 1006 | You are solely responsible for your User Content and the consequences of posting or publishing it. |
| 787 | To the maximum extent permitted by applicable law, You covenant not to sue StockX, and agree that you will not hold StockX responsible, for other users’ content, actions, or inactions. | 1007 | You represent and warrant that any information you provide, including User Content: (a) is accurate and not misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve counterfeit or stolen items; (d) does not infringe any third party intellectual property, publicity, privacy, or other rights; (e) is yours or you have all necessary licenses, rights, consents, and permissions to grant the rights set forth herein; (f) complies with all applicable laws and regulations; (g) does not contain malware or harmful code; and (h) is not intended to circumvent these Terms or undermine the lawful operation of the Services. |
| 788 | StockX is a marketplace for consumer goods. | 1008 | You further represent and warrant that you have obtained all necessary written consents, releases, and permissions from any individual identified or depicted in any information you provide, including User Content, including parental or legal guardian consent for minors. |
| 789 | You acknowledge that you are buying items from a third party, not StockX. | 1009 | By submitting any Contributions to StockX, you acknowledge and agree that: (a) such Contributions are not confidential; (b) StockX has no obligation of confidentiality, express or implied, with respect to the Contributions; (c) StockX may use, or disclose, or decline to use Contributions for any purpose, in any media now known or later developed, worldwide; (d) StockX may already be developing or considering similar ideas; (e) Contributions automatically become the property of StockX without compensation; and (f) you are not entitled to any compensation, attribution, or reimbursement for Contributions under any circumstances. 15. |
| 790 | While we may help as your commercial agent facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, listings, and/or items listed or sold. | 1010 | Indemnity To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless StockX, its affiliates, and their respective officers, directors, agents, and employees from and against any and all third-party or governmental claims, demands, actions, suits, or proceedings, and all resulting losses, damages, liabilities, costs, interest, and expenses (including reasonable attorneys’ fees), arising out of or relating to: (a) your listing or sale of counterfeit, stolen, or otherwise illegal goods; (b) your breach of these Terms; (c) your improper or unauthorized use of the Services; (d) your violation of any applicable law or the rights of any third party; or (e) any federal, state, local, or other tax obligations or amounts due in connection with your activities on the Services. |
| 791 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STOCKX AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES, ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND SERVICES, ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. | 1011 | StockX reserves the right, at its option, to assume exclusive control of the defense and settlement of any matter subject to indemnification by you, and you agree to cooperate fully with such defense. |
| 792 | STOCKX PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. | 1012 | You may not settle any indemnified claim without StockX‘s prior written consent. |
| 793 | FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STOCKX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. | 1013 | To the extent permitted by applicable law, the indemnification obligations set forth in this Section shall survive termination of these Terms. 16. |
| 794 | STOCKX SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES. | 1014 | Disclaimer of Warranties; Limitations of Liability Historical Data. |
| 795 | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES, AT YOUR OWN RISK, AND THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. | 1015 | StockX may, in its discretion, provide Historical Data. |
| 796 | STOCKX (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) MAKES NO WARRANTY OR GUARANTIES OF ANY KIND WITH RESPECT TO OUR SERVICES, ANY ITEMS, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. | 1016 | Historical Data is provided for informational purposes only and does not constitute a guarantee, prediction, or representation that any item will sell, that it will sell within a particular timeframe, or that it will sell at or near a certain price. |
| 797 | ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. | 1017 | To the fullest extent permitted by applicable law, StockX disclaims any liability for reliance on Historical Data. |
| 798 | THE AGGREGATE LIABILITY OF STOCKX, OR ITS AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. | 1018 | Historical Data may be delayed, incomplete, aggregated, or subject to error. |
| 799 | WITHOUT LIMITING ANY OF THE FOREGOING, IF STOCKX, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, STOCKX AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) EUR100. 14. | 1019 | StockX does not guarantee the accuracy, completeness, or timeliness of any Historical Data and has no obligation to update or correct such information. |
| 800 | Disputes with StockX. | 1020 | Marketplace Disclaimer & User Disputes. |
| 801 | You and StockX agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be dealt with by the court of your place of residence. | 1021 | You acknowledge that StockX operates a marketplace for consumer goods and that you purchase items from third-parties, not from StockX. |
| 1022 | You covenant not to sue StockX, and agree that you will not hold StockX responsible, for other users’ content, actions, or inactions. | ||
| 1023 | While StockX may, solely as a commercial agent for facilitation purposes, assist in resolving disputes, StockX does not control and does not guarantee the accuracy, quality, safety, legality, or truthfulness of User Content, listings, or items listed or sold through the Services. | ||
| 1024 | If you have a dispute with one or more users, you release and covenant not to sue StockX, its affiliates, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands, and damages (actual or consequential), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such dispute, to the extent permitted by applicable law. | ||
| 1025 | Disclaimer of Warranties. | ||
| 1026 | To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. | ||
| 1027 | StockX (including its service providers and licensors) makes no representations or warranties of any kind, express or implied, regarding the Services, any items (including stored items), any User Content, or that third-party users will perform as promised. | ||
| 1028 | Without limiting the foregoing, StockX disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. | ||
| 1029 | StockX does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components. | ||
| 1030 | StockX may amend, update, or modify the Services at any time without notice and assumes no obligation to update any content. | ||
| 1031 | Limitation of Liability. | ||
| 1032 | To the extent permitted by applicable law, StockX (and its affiliates, and our and their respective officers, directors, agents, employees, legal representatives, and suppliers) shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, data, goodwill, reputation, business interruption, or loss of use, arising out of or relating to: user content (your own or that of third parties); your access to or use of, or inability to access or use, the Services; pricing, shipping, or other guidance provided by StockX; delays, interruptions, or modifications to the Services; viruses or other malicious code; errors, bugs, or inaccuracies; damage to devices or property; actions or inactions of third parties; account suspensions or enforcement actions; or changes to these Terms or policies. | ||
| 1033 | Liability Cap. | ||
| 1034 | Without limiting any of the foregoing, to the extent StockX, its contractors, suppliers, content providers, or any of the officers, directors, employees, representatives, or agents of any of the foregoing, is found liable for any claim arising out of or relating to these Terms or the Services, StockX and such parties’ cumulative, aggregate, and maximum liability for all such claims and other matters in any calendar year shall not exceed the greater of (a) the fees paid by you to StockX in the twelve (12) months preceding the event giving rise to the claim, or (b) EUR 100. | ||
| 1035 | Nothing in this section limits or excludes any liability that may not be limited or excluded under Italian law, including a consumer’s mandatory rights under the Consumer Code. 17. | ||
| 1036 | Disputes with StockX You and StockX agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be dealt with by the court of your place of residence. | ||
| 803 | For example, the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution in the European Union which may be of interest, but you are free to choose an alternative out-of-court mechanism. | 1038 | For example, the Consumer Redress in the European Union platform https://consumer-redress.ec.europa.eu/index_en provides information about alternative dispute resolution in the European Union which may be of interest, but you are free to choose an alternative out-of-court mechanism. |
| 808 | A seller may request that a complaint is treated and recorded as a regulatory complaint and considered by us in accordance with Regulation (EU) 2019/1150 (the " Platform to Business Regulation ")) by notifying us in writing of such request (as part of their complaint notice) to Customer Services, provided that the complaint is in relation to the one or more of the following issues: alleged non-compliance by StockX with any of its obligations laid down in the Platform to Business Regulation; technological issues which relate directly to the provision of the Services; and/or measures taken by, or the behaviour of, StockX which relate directly to the provision of the Services. | 1043 | A seller may request that a complaint is treated and recorded as a regulatory complaint and considered by us in accordance with Regulation (EU) 2019/1150 (the “Platform to Business Regulation”) by notifying us in writing of such request (as part of their complaint notice) to Customer Services, provided that the complaint is in relation to one or more of the following issues: (a) alleged non-compliance by StockX with any of its obligations laid down in the Platform to Business Regulation; (b) technological issues which relate directly to the provision of the Services; and/or (c) measures taken by, or the behaviour of, StockX which relate directly to the provision of the Services. |
| 809 | In addition to utilising the complaints procedure described above, if you are a seller, the dispute may be referred by either you or us at any time to the Centre for Effective Dispute Resolution (" CEDR ") for mediation. | 1044 | In addition to utilising the complaints procedure described above, if you are a seller, the dispute may be referred by either you or us at any time to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. |
| 814 | Nothing in this section will prevent any sellers or us from commencing or continuing any legal proceedings at any time in relation to any dispute or complaint. 15. | 1049 | Nothing in this section will prevent any sellers or us from commencing or continuing any legal proceedings at any time in relation to any dispute or complaint. 18. |
| 815 | Payment Processor Accounts. | 1050 | Payment Processor Accounts In order to use certain features of the Services, you may be required to open an account with a third-party payment processor. |
| 816 | In order to use the bank transfer functionality of the StockX application, you must activate an account provided by our third-party payment processor and you must accept the payment processor’s Terms of Service and Privacy Policy. | 1051 | By opening such an account, you agree to be bound by the applicable payment processor’s terms of service and privacy policy. |
| 817 | Any funds held in any payment processor account are held by that payment processor’s financial institution partners as set out in itsTerms of Service. | 1052 | StockX is not responsible for any fees, charges, or penalties that may be imposed by any payment processor. |
| 818 | You authorize StockX to share your identity and account data with our payment processors for the purposes of opening and supporting your account with the payment processor, and you are responsible for the accuracy and completeness of that data. | 1053 | You represent and warrant that all payment information you provide to StockX or any payment processor is accurate, current, and complete. |
| 819 | You understand that you will access and manage your payment processor account through the StockX account. | 1054 | You agree to update your payment information promptly whenever it changes. |
| 820 | Notifications about your account with the payment processor will be sent by the payment processor. | 1055 | StockX reserves the right, in its sole discretion, to add, modify, or remove payment processors at any time without notice to you. 19. |
| 821 | StockX will provide customer support for your payment processor account activity, and can be reached at https://stockx.com/help . 16. | 1056 | Electronic Communications By using the Services, you consent to receive electronic communications from StockX. |
| 822 | Electronic Communications. | 1057 | These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. |
| 823 | When you use the Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. | 1058 | These electronic communications are part of your relationship with StockX. |
| 824 | You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. | 1059 | You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. |
| 825 | You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. | 1060 | You also agree that StockX may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. |
| 826 | You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. | 1061 | You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. 20. |
| 827 | Please see the SMS Terms of Service for additional details. 17. | 1062 | Disclaimers Typographical Errors. |
| 828 | Typographical Errors. | 1063 | The Services may include technical inaccuracies or typographical errors. |
| 829 | The Sites and the Services could include technical inaccuracies or typographical errors. | 1064 | To the fullest extent permitted by applicable law, StockX shall have no liability arising from or relating to any such inaccuracies or errors and shall have no obligation to identify, correct, or update them. |
| 830 | StockX shall have no liability in connection with any such inaccuracies or errors, nor shall StockX have any obligation to identify and/or correct any such inaccuracies or errors. 18. | — | Removed |
| 832 | For your convenience, certain hyperlinks may be provided on the Sites and Services that link to other websites or social media platforms which are not under the control of StockX (the “Linked Websites”). | 1066 | For your convenience, the Services may contain Linked Websites. |
| 833 | StockX does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. | 1067 | StockX does not endorse, sponsor, or control any Linked Websites and is not responsible for their availability, accuracy, content, or any products or services offered through them. |
| 834 | StockX disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites. | 1068 | To the fullest extent permitted by applicable law, StockX disclaims all liability arising from your access to or use of any Linked Websites or reliance on any content, products, or services made available through such Linked Websites. |
| 835 | We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. | 1069 | Your use of Linked Websites, and any transactions you conduct through them, are governed solely by the terms and policies of those third parties. |
| 836 | Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. | 1070 | You agree that, to the extent permitted by applicable law, you will not bring any claim against StockX arising out of or relating to your access to or use of any Linked Websites. |
| 837 | You agree that you will bring no suit or claim against StockX arising from or based upon any such use of any Linked Websites. | 1071 | The inclusion of hyperlinks on the Services does not imply that: (a) StockX is affiliated with or associated with any Linked Website; (b) StockX is authorized to use any third party’s trademarks, trade names, logos, or copyrighted materials; or (c) any Linked Website is authorized to use StockX‘s trademarks, trade names, logos, or copyrighted materials. |
| 838 | Hyperlinks to such Linked Websites on the Sites and Services do not imply that: (a) StockX is affiliated or associated with any Linked Website; (b) StockX is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of StockX. 19. | 1072 | Third-Party Information. |
| 839 | Your Personal information Use of your personal information submitted to or via the Site is governed by our Privacy Policy. | 1073 | To the extent that any information, materials, or functionality made available through the Services are provided by third-party content providers (“Third Party Materials”), StockX does not exercise editorial control over, and assumes no responsibility for, such Third Party Materials. |
| 840 | We will only use your personal information in accordance with our Privacy Policy. | 1074 | Any opinions, statements, products, services, or other content expressed or made available through Third Party Materials are those of the applicable third party and not of StockX. |
| 841 | Please take the time to read this carefully, as it indicates important information about how we collect and use personal information. 20. | 1075 | To the fullest extent permitted by applicable law, StockX does not represent or endorse the accuracy, completeness, or reliability of any Third Party Materials and does not warrant that your access to or use of Third Party Materials will not infringe the rights of any third party not owned by or affiliated with StockX. 21. |
| 842 | Disclaimer of Third Party Information. | 1076 | General These Terms are governed by and will be construed under the laws of Italy, without regard to any conflicts of laws principles. |
| 843 | To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), StockX has no editorial control or responsibility over such Third Party Materials. | 1077 | The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. |
| 844 | Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. | 1078 | Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence. |
| 845 | StockX does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Company. 21. | 1079 | If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. |
| 846 | General. | 1080 | No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and StockX‘s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. |
| 847 | These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and StockX relating to your use of our Services, and supersede all prior understandings and agreements parties. | 1081 | You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. |
| 848 | You consent to receive notice by email to the address provided at registration. | 1082 | The foregoing one-year limitation does not apply to the extent it would shorten a limitation period that may not be reduced by agreement under Italian law, including a consumer’s mandatory rights under the Consumer Code. |
| 849 | If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. | 1083 | These Terms (including all policies and documents incorporated by reference herein) constitute the entire agreement between you and StockX regarding the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and StockX regarding the Services. |
| 850 | Any waiver of any provisions contained in these Terms by StockX shall not be deemed to be a waiver of any other right, term, or provision of these Terms. | 1084 | StockX may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent, including in connection with a merger, acquisition, or sale of assets. |
| 851 | Any rights not expressly granted herein are reserved. | 1085 | You may not assign or transfer these Terms or any rights or obligations hereunder without StockX‘s prior written consent, and any attempted assignment in violation of this provision will be null and void. |
| 852 | StockX may assign or transfer our rights and obligations under these Terms at any time. | 1086 | The section titles in these Terms are for convenience only and have no legal or contractual effect. |
| 853 | You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of StockX, which we can refuse in our sole discretion. | 1087 | StockX shall not be in default or liable for any delay, failure in performance, or interruption of the Services resulting directly or indirectly from causes beyond its reasonable control. |
| 854 | No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. | 1088 | Any rights not expressly granted in these Terms are reserved by StockX. |
| 855 | You may not enter into any contract on our behalf or bind us in any way. | 1089 | Please also refer to our Privacy Policy and Community Guidelines, which are incorporated by reference into these Terms. |
| 856 | These Terms are for your benefit only, not for the benefit of any third party except for StockX’s permitted successors and assigns. | 1090 | If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us at: StockX LLC, 1046 Woodward Ave., Detroit, MI 48226, or via our Help Center at https://stockx.com/help. 22. |
| 857 | These Terms shall be governed by the laws of Italy, without regard to conflicts of laws provisions. | 1091 | Mobile Applications You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). |
| 858 | Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence,The parties each hereby disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods. 22. | 1092 | Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store. |
| 859 | Mobile Applications and In-App Purchases You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). | — | Removed |
| 860 | Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. | — | Removed |
| 864 | When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html ). | 1096 | When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective terms and conditions. |
| 865 | StockX is not a party to any In-App Purchase. 23. | 1097 | StockX is not a party to any In-App Purchase. |
| 866 | Apple App Store These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. | 1098 | Apple App Store. |
| 867 | (“Apple”) App Store, but the following additional terms also apply to the Application: Both you and StockX acknowledge that the Terms are concluded between you and StockX only, and not with Apple, and that Apple is not responsible for the Application or the Content; The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that StockX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights , StockX, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and StockX acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and Both you and StockX acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. | 1099 | These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. |
| 868 | In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL-TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. | 1100 | (“Apple”) App Store, but the following additional terms also apply to the Application: Both you and StockX acknowledge that the Terms are concluded between you and StockX only, and not with Apple, and that Apple is not responsible for the Application or the content thereof; The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility; You acknowledge and agree that StockX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, StockX, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and StockX acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; Both you and StockX acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof; and StockX expressly authorizes use of the Application by multiple users through the Family Sharing or any similar functionality provided by Apple. 23. |
| 869 | LOCATION DATA MAY NOT BE ACCURATE. 24. | 1101 | Ranking Information StockX uses various parameters to determine the ranking of product listings and search results displayed through the Services. |
| 870 | Ranking information Buyers can find, bid on and purchase sellers' products on the Sites by browsing through products by product category (for example, sneakers, streetwear and collectibles), and by entering a specific query in the search box available. | 1102 | The key parameters used to determine ranking include, but may not be limited to: relevance of the listing to the search query (including keyword matches in titles and descriptions), transaction history and popularity of a product, recency of listing activity, pricing competitiveness, user performance metrics (including fulfillment rates and customer feedback), and whether a listing is a sponsored or promoted listing (which may affect the ranking of that listing relative to non-sponsored listings). |
| 871 | The main factors StockX considers when presenting results on the Sites' main web-pages and product category pages are popular brands (based on views for those brands), popular products (based on views for those products), new lowest asks (the products with the most recently listed lowest asks) and new highest bids (the products with the most recently listed highest bids). | 1103 | Sponsored listings, where applicable, are identified as such. |
| 872 | The main factor StockX considers when presenting results on the Sites' individual brand pages and in response to specific search queries is popular products (based on views for those products). | 1104 | StockX reserves the right to modify the parameters used to determine ranking at any time, without notice, in order to improve the quality of search results and the Services generally. 24. |
| 873 | In some instances, sponsored listings may also appear on the Site’s main web-pages, in search results, category pages, or brand pages. | 1105 | Access to Data StockX may make available through the Services certain data and information regarding transactions, pricing, market trends, and other information derived from activity on the Services (collectively, “Platform Data”). |
| 874 | Sponsored listings are paid placements by sellers seeking enhanced visibility for their products and are clearly labeled as “Sponsored”. | 1106 | Any access to or use of Platform Data is subject to these Terms and any additional terms or restrictions StockX may establish from time to time. |
| 875 | If a customer is logged in to their account, there will also be a section presented to the customer with recommended products based on that customers' clicks on the Sites. 25. | 1107 | You may not use Platform Data for any commercial purpose, including without limitation, resale, redistribution, or incorporation into any third-party product or service, without StockX‘s prior written consent. |
| 876 | Access to data StockX will have access to buyers' and sellers' personal data which it shall use in accordance with StockX's Privacy Policy , as updated from time to time. | 1108 | StockX retains all ownership rights in Platform Data, and nothing in these Terms grants you any intellectual property rights in Platform Data. |
| 877 | StockX will also have access to non-personal data provided by buyers and sellers for the use of the Services or which is generated through the provision of those Services. | 1109 | StockX reserves the right to restrict, suspend, or terminate access to Platform Data at any time, in its sole discretion. |
| 878 | This includes, for example, information on sellers' products to be displayed for purchase on the Sites, information provided by buyers and sellers when creating an account and information on all product purchases on the Sites. | — | Removed |
| 879 | StockX shares information it has access to with third party service providers in order to provide the Services and improve customer experience. | — | Removed |
| 880 | StockX will also retain such information after a seller deactivates or terminates their account, in accordance with applicable law. | — | Removed |
| 881 | Sellers will have access to certain data through their online profile. | — | Removed |
| 882 | This includes, for example, detail on their own sales history, including previous asks and bids. | — | Removed |
| 883 | Sellers can request access to data about them after deactivating or terminating their account which StockX may be able to provide, provided that the data is still available, and it is permitted to do so under applicable law. | — | Removed |
| 884 | Sellers will not have access to any personal data provided by buyers. | — | Removed |
| 885 | Sellers will also have access to certain data that is publicly made available on the Sites. | — | Removed |
| 886 | This includes, for example, ask and bid prices, product descriptions and the relative popularity of products sold on the Sites. | — | Removed |
| 888 | The Site is operated by StockX LLC of 1046 Woodward Ave, Detroit, MI 48226 USA (“StockX,” “we,” “us”, or “our”) and is a live marketplace that allows users to research, buy and sell certain consumer goods. | 1111 | The Site is operated by StockX LLC of 1046 Woodward Ave, Detroit, MI 48226 USA (“StockX,” “we,” “us”, or “our”) and is marketplace that allows users to research, buy and sell certain consumer goods. |
| 912 | Chapter 2: Terms of Use of StockX Live Marketplace The terms and conditions in this Chapter 2 apply for sellers and buyers likewise and provide for the terms of use of the StockX Live Marketplace . | 1135 | Chapter 2: Terms of Use of StockX Marketplace The terms and conditions in this Chapter 2 apply for sellers and buyers likewise and provide for the terms of use of the StockX Marketplace. |
| 913 | About StockX Live Marketplace. | 1136 | About StockX Marketplace. |
| 916 | StockX allows third party sellers to list and sell their products in a live marketplace on the Site and Services. | 1139 | StockX allows third party sellers to list and sell their products in a marketplace on the Site and Services. |
| 933 | A further description of the live marketplace process and the rules applicable to buyers and sellers is available on our FAQ page, as updated from time to time. | 1156 | A further description of the marketplace process and the rules applicable to buyers and sellers is available on our FAQ page, as updated from time to time. |
| 966 | Chapter 3: Terms of Purchase Applicable for Seller on StockX Live Marketplace The terms and conditions in this Chapter 3 describe the rights and obligations of the seller. | 1189 | Chapter 3: Terms of Purchase Applicable for Seller on StockX Marketplace The terms and conditions in this Chapter 3 describe the rights and obligations of the seller. |
| 1012 | Professional sellers must comply with all laws and regulations applicable to the sale of their products on StockX’s live marketplace. | 1235 | Professional sellers must comply with all laws and regulations applicable to the sale of their products on StockX’s marketplace. |
| 1015 | The seller is r esponsible and agrees to collect, pay, report and remit any and all local, state, provincial, federal, or international duties and taxes (including VAT and sales tax) that may be due by the Seller with respect to the sales transaction. | 1238 | The seller is responsible and agrees to collect, pay, report and remit any and all local, state, provincial, federal, or international duties and taxes (including VAT and sales tax) that may be due by the Seller with respect to the sales transaction. |
| 1027 | Chapter 4: Terms of Sale Applicable for Buyers on StockX Live Marketplace The terms and conditions in this Chapter 4 describe the rights and obligations of the buyer. | 1250 | Chapter 4: Terms of Sale Applicable for Buyers on StockX Marketplace The terms and conditions in this Chapter 4 describe the rights and obligations of the buyer. |
| 1081 | The buyer is r esponsible to pay any and all local, state, federal, or international duties and taxes (including sales taxes) that may be due with respect to your purchase transaction . | 1304 | The buyer is responsible to pay any and all local, state, federal, or international duties and taxes (including sales taxes) that may be due with respect to your purchase transaction. |
| 1190 | Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence . | 1413 | Any dispute between you and us regarding these Terms or the Site will be dealt with by the courts of your place of residence. |
| 1201 | (“Apple”) App Store, but the following additional terms also apply to the Application: Both you and StockX acknowledge that the Terms are concluded between you and StockX only, and not with Apple, and that Apple is not responsible for the Application or the Content; The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that StockX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights , StockX, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and StockX acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and Both you and StockX acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. | 1424 | (“Apple”) App Store, but the following additional terms also apply to the Application: Both you and StockX acknowledge that the Terms are concluded between you and StockX only, and not with Apple, and that Apple is not responsible for the Application or the Content; The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that StockX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, StockX, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and StockX acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and Both you and StockX acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. |
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