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
Payment processing fees:
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EquiSell collects a payment processing fee which is paid out to our payment processor. The payment processing fee is 2.9% of the cost of the item + $0.30.
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.
- Maximum Seller Fee: $199
- Minimum Seller Fee: $1.99
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.
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 5 days, Buyers will have the option to cancel the sale, unless the Seller has already printed the shipping label. All Buyers can cancel their unshipped orders after 12 days, regardless of whether the Seller has accessed the shipping label.
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.
Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify EquiSell of any issues with the Item within three days of delivery of the Item, as determined by the tracking information on the Label), then EquiSell will credit Seller’s account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus EquiSell’s commission, as set forth in the Fee Policy. Funds credited to Seller’s account may be redeemed by the Seller through a permitted third-party payment provider (e.g., by ACH from EquiSell’s chosen financial institution).
Seller Account Balances:
Amounts credited to a Seller’s account resulting from the Purchase flow described above (which excludes credits derived from the Friend Referral Program or from Gift Cards or other promotional credits defined below) may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from EquiSell’s chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service. Amounts redeemed by a Seller through a permitted third-party payment provider are limited to $10,000 USD (or equivalent) per day.
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.
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.
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:
- Alcohol.
- Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
- Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
- 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:
- Guns, knives, or other blatant weapons, even if they are vintage
- 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:
- 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.
- 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:
- Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers
- Items that attempt to exploit natural disasters or human tragedies
- Items that encourage, glorify, or celebrate acts of violence against individuals or groups
- Items that encourage self-mutilation, starvation, or other self-harm
- 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.
- USPS domestic and international restrictions.
- FedEx domestic and international restrictions
- UPS restrictions
- DHL restrictions
- Purolator restrictions
- Canada Post restrictions
- 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.
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
- If you use PayPal 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.
- All purchases/sales made outside of the marketplace are against our Terms of Service and are not covered by Buyer or Seller Protection.
- 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 info@equisell.app with the topic “Dispute”.
- 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 info@equisell.app and attempt to resolve the dispute with us informally.