Terms of Service

Terms of Service

By downloading or using the app, these terms will automatically apply to you –you should make sure therefore that you read them carefully before using the app.

You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright,
database rights, and other intellectual property rights related to it, still belong to EquiSell.

EquiSell is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The EquiSell app stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and
access to the app is secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the EquiSell app won’t work properly or at all.

The app does use third-party services that declare their Terms and Conditions. Link to Terms and Conditions of third-party service
providers used by the app:

You should be aware that there are certain things that EquiSell will not take responsibility for this. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but EquiSell cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t
have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for
the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory
(i.e. region or country) without turning off data roaming.

If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, EquiSell cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, EquiSell cannot accept responsibility.

With respect to EquiSell’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. EquiSell accepts no liability for any loss, direct or indirect, you experience as a result of
relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on – the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. EquiSell does not promise that it will always update the app so that it is relevant to you and/or works with the version that you have installed on your device.

However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate the use of
it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end;
(b) you must stop using the app, and (if needed) delete it from your device.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2022-10-14

Contact Us

If you have any questions or suggestions about our
Terms and Conditions, do not hesitate to contact us
at [email protected].

Fee Policy

Payment processing fees:

EquiSell collects a payment processing fee which is paid out to our payment processor (Stripe). The payment processing fee is 2.9% of the cost of the item + $0.30. 

Transaction Fees: When using EquiSell’s marketplace services, you agree to pay a transaction fee of 10% of the total transaction value. This fee covers the cost of providing and maintaining the Platform’s services.

Reminder: Unless the seller chooses free or discounted shipping when they list their item, the buyer pays for the cost of shipping. The shipping cost does not factor into a seller’s fees.

What do you get in return for your fees?

  • A seamless shipping experience with prepaid shipping labels and tracking.
  • Seller protection against chargebacks and fraud. 
  • Payment processing and free payouts. 
  • Pricing guidance via our value guide.
  • Excellent customer support. 
  • Supporting our mission of making equestrian goods more affordable.

Refunds Policy

Sellers:

You must have the right to sell the Items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and completely.

 

Buyers:

You are responsible for reading the full Item listing before making an offer. When you make an offer and your offer is accepted by the Seller, you have a contract with the Seller.

Purchases:

Buyers may offer to purchase Items from Sellers. Once an offer is accepted by Seller, the sale transaction is binding on both Seller and Buyer, and no returns, refunds, cancellations or retractions are allowed, except as permitted by these Terms. Once the offer is accepted by Seller, Buyer must pay the purchase price and shipping costs for the Item through the Service. After doing so, Buyer’s obligations are complete, unless Buyer requests a permitted return. If an Item has not been shipped after 7 days, the sale will be cancelled automatically, unless the Seller has already printed and submitted the shipping label in the app. 

The seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items, and (v) the Seller is responsible for purchasing his/her own shipping label. 

If an item is lost or damaged in transit, EquiSell is not responsible for compensating sellers when funds for an insurance claim are not rewarded. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong item, we have no obligation to you; however, please report the issue to us through the Service within three days after delivery. If the tracking number on the label shows that the package has been delivered to the provided address, EquiSell considers the package delivered, even if the Buyer subsequently claims otherwise.

Seller Account Balances:

Payouts are conducted on EquiSell’s marketplace after 7 days of the order being fulfilled and the item(s) being received. This delay allows for sufficient time to ensure that the buyer has received the purchased item(s) in satisfactory condition and is content with the transaction. Once the 7-day period has elapsed and the buyer confirms receipt and satisfaction, EquiSell initiates the payout process.

Please note the following details regarding payouts:

  1. Fulfillment Confirmation: The buyer needs to confirm the fulfillment of the order, indicating that the item(s) have been received and are as described. 

  2. Payout Processing: Once the fulfillment confirmation is received, EquiSell initiates the payout process. The funds from the transaction, minus any applicable fees or charges, are then released to the seller’s designated payout method.

  3. Payout Methods: Payouts on EquiSell’s marketplace are processed through Stripe, a trusted and secure online payment processing platform. Stripe offers a reliable and convenient solution for transferring funds from the buyer to the seller.

  4. Payout Timeframe: The exact time it takes for the funds to reach the seller’s designated payout method may vary depending on the chosen payment provider or banking institution. EquiSell strives to process payouts promptly, but some delays may occur due to external factors beyond its control.

  5. Fee Deductions: EquiSell may deduct its platform fees or transaction fees (such as the previously mentioned 10% fee) from the payout amount. The specific fee structure and applicable charges are outlined in EquiSell’s fee policy, which sellers should review for a clear understanding of the deductions involved.

It’s important to remember that EquiSell aims to ensure a secure and reliable marketplace experience for both buyers and sellers. By implementing a 7-day period before initiating payouts, EquiSell helps mitigate potential issues and promotes transparency and accountability in transactions.

Returns:

Sellers are not obligated to accept the return of items that are as advertised but have the option to do so. If the item you receive is not as described on the Service, then you must report the issue in the EquiSell Service within 3 days after delivery of the purchased item. The order becomes non-refundable as soon as you have approved the sale or 72 hours after the item has arrived at your address – whichever comes first. Once the order is non-refundable, amounts will be released to the Seller, as described in the Purchases section of these terms. EquiSell offers no shipping speed guarantees. EquiSell is not obligated to grant a buyer’s request to return an item that was not delivered within a certain timeframe.

 

Prohibited Items Policy

EquiSell is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from being listed on EquiSell. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of EquiSell. Any listings in the categories outlined below will be deleted. Members who repeatedly attempt to sell such items risk permanent suspension from EquiSell.

On EquiSell’s marketplace, users have the ability to report forbidden items or items that they believe do not belong on the platform. Reporting such items helps maintain the integrity of the marketplace and ensures compliance with the platform’s guidelines and policies. If you come across a listing that violates the rules or seems inappropriate, you can follow these steps to report it:

  1. Identify the item: Take note of the specific listing or item that you believe is forbidden or does not belong on the EquiSell marketplace. Make sure to gather any relevant information, such as the item title, description, and any accompanying images or details.

  2. Locate the reporting feature: Look for the reporting feature provided on the EquiSell platform. This may be in the form of a “Report” button or a specific option within the listing or user profile.

  3. Provide necessary details: When reporting the item, provide as much information as possible regarding the violation or why you believe the item does not belong on the platform. Include specific reasons, descriptions, or evidence to support your report.

  4. Submit the report: Once you have filled in the necessary details, submit the report through the designated reporting feature. Double-check your information for accuracy before finalizing the submission.

  5. Review by EquiSell: After receiving the report, EquiSell’s team will review the information provided and take appropriate action based on their platform policies. They may contact you for additional information or clarification if required.

EquiSell takes reports of forbidden items or listings seriously and strives to maintain a safe and appropriate marketplace environment for all users. By reporting such items, you contribute to the overall quality and compliance of the platform.

It’s important to note that the specific reporting process and features may vary on EquiSell’s platform. If you are unable to locate the reporting feature or have any questions regarding reporting, it is recommended to consult EquiSell’s official documentation or contact their support team for further guidance.

 

This policy is a part of our Terms of Use. By opening an EquiSell account, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on EquiSell:

1. Alcohol, Drugs, Drug Paraphernalia, and Medical Drugs

Alcohol and drugs are prohibited on EquiSell. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of EquiSell and we therefore do not allow them.

More Details:

The following are examples of items that may not be sold on EquiSell:

  1. Alcohol.
  2. Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
  3. Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
  4. Medical drugs and pharmaceuticals.

2. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For safety reasons and due to complex legal regulations surrounding certain items, we ask that our members not sell items that could be considered dangerous.

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any tool or instrument that is intended to be used as a weapon to inflict harm on a person. The following items are generally not allowed on EquiSell:

  1. Guns, knives, or other blatant weapons, even if they are vintage 
  2. Imitation weapons that look real or are prohibited by US law

3. Hate Items: Items that Promote, Support, or Glorify Hatred

We want EquiSell to be a community where people of all backgrounds, nationalities, religions, and political affiliations feel welcome. 

EquiSell does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organizations or people with such views.

The following items are not allowed on EquiSell:

  1. Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate an anti-gay, anti-immigrant, or Holocaust denial agenda.
  2. Items that contain racial slurs or derogatory terms in reference to protected groups.

4. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

We respect the law and expect EquiSell Sellers to respect the law as well.

More Details:

Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on EquiSell. Neither are certain items that are subject to complex legal regulations or registration systems. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions.

5. Internationally Regulated Items

EquiSell provides a direct connection between Buyers and Sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.

6. Pornography 

EquiSell restricts the sale of pornographic material.

More Details:

Pornography of any sort is prohibited on EquiSell, whereas mature content is restricted.

Although pornography can be difficult to define, an item generally qualifies as pornography when it is a particularly extreme or explicit version of mature content.

We define mature content as depictions of male or female genitalia, sexual activity or content, profane language, violent images (within reason; see also Violent Items), and explicit types or representations of taxidermy.

7. Violent Items: Items that Promote, Support, or Glorify Violence

We want EquiSell to be a safe place for everyone. 

More Details:

We do not allow Items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm or violence towards self or others.

The following items are not allowed on EquiSell:

  1. Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers
  2. Items that attempt to exploit natural disasters or human tragedies
  3. Items that encourage, glorify, or celebrate acts of violence against individuals or groups
  4. Items that encourage self-mutilation, starvation, or other self-harm
  1. Items that cannot be shipped per shipping carrier restrictions

This includes nail polish, perfumes aerosols, air bags, and gasoline and any items which the USPS, Fedex, UPS, CanadaPost, Purolator, DHL or any other shipping carrier on our platform prohibits domestically, or internationally, are prohibited.

 

  • UPS restrictions
  1. Other prohibited items

We do not condone the buying or selling of electronics, cell phones, DVDs, furniture, appliances, used makeup, used underwear, any health and wellness products (examples include lotions, body wash, diet supplements, protein powder, body wraps, breast pumps, curling irons and hair straighteners), non-fashion kids/baby items (examples include but are not limited to toys, strollers, bottles, formula, diapers and miscellaneous gear) and current airline and airport uniforms and related items (which include pilot, flight attendant, TSA, baggage attendant gate agents and all other flight and ground crew uniforms). Any listings in these categories will be deleted. Members who repeatedly attempt to sell such items risk permanent suspension from EquiSell.

Disputes claims

Disputes claims

We may help facilitate disputes between our Buyers and Sellers, but, EquiSell has no control over and does not guarantee 

(a) the existence, quality, safety, authenticity, or legality of Items advertised on the Service; 

(b) the truth or accuracy of Sellers’ content or listings on the Service; 

(c) the ability of Sellers to sell Items through the Service and ship Items within required shipping windows; 

(d) the ability of Buyers to pay for Items purchased through the Service; or 

(e) that a Buyer or Seller will complete a transaction, effectuate trouble-free delivery and shipping, or return an Item through the Service.

Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. 

Disputes with other users relating to a Sale Transaction

General

  1. If you use Stripe to pay for a Sale Item or receive any money for a Sale Transaction you may be eligible for Buyer or Seller Protection, details of which are available below.
  2. All purchases/sales made outside of the marketplace are against our Terms of Service and are not covered by Buyer or Seller Protection. 
  3. If: a) as a buyer your Sales Item has not arrived, or if what you received is significantly not as described or faulty, or b) as a seller you are sent an unauthorized payment or a buyer claims they didn’t receive their Sale Item, you can report the issue to us within 3 days and we will reply to you with instructions on how to proceed. To open a dispute: mail us at [email protected] with the topic “Dispute”.
  4. Please know that in regards to any kind of buyer or seller protection, we can only accept tracking codes as valid proof of delivery (a tracking code that can be verified online) and that the cost of returning the Sales Item cannot be refunded. 

Disputes with us 

If you have a dispute with us relating to the Service, in the first instance please contact us via our Help Centre at [email protected] and attempt to resolve the dispute with us informally.

Delete Data

You can delete your registered account in the app and all your stored data would be deleted within 24 hours. 

It could be done through your account settings at the bottom of the page via “Delete account” button and confirm the deletion through modal window.
Also you can request your data deletion through the link.
You will get an email notification with further steps to proceed.

Attention!
After the confirmed request all your data will be permanently removed, including photos, info and data.

Shipment

UPS (United Parcel Service) is a well-known logistics company that provides shipping and delivery services worldwide. When shipping items through UPS, the following process is typically followed:

1. Package Preparation:
– Ensure that the item(s) you are shipping are securely packaged to protect them during transit.
– Use appropriate packaging materials such as boxes, bubble wrap, packing peanuts, or padding as needed.
– Seal the package securely using packing tape.

2. Addressing and Labeling:
– Clearly write or print the recipient’s address and your return address on the package.
– Include any necessary customs documentation if shipping internationally.
– Generate and affix the UPS shipping label to the package. This label contains important shipment details and tracking information.

3. Booking Shipment:
– Visit the UPS website or contact UPS directly to book your shipment.
– Provide the necessary information, such as the package dimensions, weight, destination address, and shipping service level (e.g., UPS Ground, UPS Express).
– Pay for the shipping service using the available payment options.

4. Drop-off or Pickup:
– Choose the preferred method for sending your package: drop-off at a UPS location or schedule a pickup.
– If dropping off the package, visit a UPS Store, UPS Customer Center, or authorized UPS drop-off location.
– If opting for a pickup, arrange a pickup time and location with UPS.

5. Tracking and Delivery:
– After your package is in UPS’s possession, you will receive a tracking number.
– Use this tracking number to monitor the progress of your shipment online or through the UPS tracking system.
– UPS provides real-time updates on the package’s location, estimated delivery date, and any status changes.

6. Delivery and Confirmation:
– UPS will attempt delivery of the package to the recipient’s address.
– The recipient may need to sign for the package, depending on the selected service and any specific requirements.
– Once the package is successfully delivered, UPS may provide delivery confirmation or proof of delivery.

In case of any questions, issues, or special requirements related to your UPS shipment, it is advisable to contact UPS directly for assistance. They can provide specific guidance based on your shipment details and location.

Please note that the exact process and available services may vary depending on the specific UPS service level, country, and other factors. It is recommended to consult the UPS website or reach out to UPS directly for the most up-to-date and accurate information regarding their shipment process.

When using UPS for shipment, the pricing for delivery is typically calculated based on various factors such as package weight, dimensions, destination, shipping service level, and any additional services or requirements. As a seller, you have the option to determine who pays for the delivery charges, whether it is you (the seller) or the buyer.

Here are two common scenarios regarding the payment of UPS shipment charges:

  1. Seller Pays:

    • In this scenario, as the seller, you take responsibility for covering the cost of shipping and choose to absorb the shipping fees into the item’s price or offer free shipping to the buyer.
    • You can factor in the estimated UPS shipping costs when determining the item’s selling price, ensuring that the shipping charges are covered.
  2. Buyer Pays:

    • Alternatively, you can choose to pass on the UPS shipping charges directly to the buyer. This means the buyer will be responsible for paying the shipping fees in addition to the item’s price.
    • When listing the item for sale, you can specify that the buyer is responsible for the shipping costs, and the calculated UPS shipping charges will be added to their total order cost during the checkout process.

It is important to clearly communicate who is responsible for the shipping charges to avoid any misunderstandings or confusion between you and the buyer. Providing transparent information regarding shipping costs upfront can help buyers make informed purchasing decisions.

When using UPS for shipping, it is recommended to consult UPS’s pricing tools, shipping calculators, or contact their customer support to obtain accurate shipping cost estimates based on your specific shipment details. This will help you determine the appropriate pricing strategy and ensure that shipping costs are adequately addressed in your sales process.