Garage Online Sale ™
Certain portions of the Site may not be available to you unless you have registered. If you do not agree to these TOS, you may not use the Site in any way.
You cannot use this Site without adult supervision if you are under the age of majority in the jurisdiction in which you live. If you are under the age of majority in the jurisdiction in which you live, you must review these TOS with your parent or legal guardian prior to using this Site.
We may revise these TOS from time to time and at any time, and the most recent version will always prevail. Your continued use of the Site shall be evidence of your agreement to be bound by any such changes. We encourage you to regularly review these TOS for updates.
Description of Services
Garage Online Sale ™ is an online marketplace providing users with access to local sales of premium gently used furniture, decor items, gym equipment, patio furniture, and more. We do not become involved in the transaction of purchase and sale. We do not have possession of or title to, the goods advertised on and sold through the Site. We are not a broker or an agent.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for, all equipment necessary for you to access the Site.
Intellectual Property Rights in Content
The Site provides information in various formats (the "Content") from various users and third parties. Each user retains the right to all Content created by the user on the Site. By posting Content, each user allows the use of their Content by us and others in accordance with the nature of the Site, and allows us to file information and data and to make such changes as are necessary to fulfill the objectives of the Site's services, which includes but is not limited to modification and removal of the Content for any reason without notice. All other rights of a user in and to its Content remain vested in that user, unless otherwise agreed. Each user is responsible for the Content posted by such user. We have the right to remove any Content when in our sole and unfettered discretion, we deem it necessary to do so.
Our Intellectual Property
“Garage Online Sale” is a trademark owned by us. Any associated logos are our proprietary intellectual property. You may not use any of our intellectual property in a manner that could indicate that it is owned by or is associated with, you.
USE OF THE SITE IS AT YOUR OWN RISK. WE PROVIDE NO GUARANTEE AS TO THE FUNCTIONALITY OF THE SITE. YOU ARE RESPONSIBLE FOR YOUR ACTIONS IN USING THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT IT IS FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
WE RELY ON THE INFORMATION POSTED BY USERS AND MAKE NO GUARANTEES AS TO ACCURACY OR RELIABILITY. YOU ARE RESPONSIBLE FOR EVALUATING THE RELIABILITY OF OTHER USERS BEFORE DEALING WITH THEM. THE INFORMATION OR DATA YOU STORE ON THE SITE MAY NOT REMAIN STORED ON THE SITE, OR OTHERWISE STORED BY US.
WE CANNOT CONTROL AND HAVE NO DUTY TO TAKE ANY ACTION REGARDING HOW A USER MAY INTERPRET AND USE SITE CONTENT OR WHAT ACTIONS A USER MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO SITE CONTENT. WE ACCEPT NO LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SITE, AND YOU HEREBY RELEASE US FROM ANY SUCH LIABILITY, WHETHER DIRECT OR INDIRECT. WE CANNOT GUARANTEE THE IDENTITY OF ANY USERS WITH WHOM OTHER USERS INTERACT IN USING THE SITE. WE ARE NOT RESPONSIBLE FOR WHO GAINS ACCESS TO THE SITE.
ANY SERVICES AND CONTENT PROVIDED THROUGH THE SITE IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE SITE OR TO ANY OBJECT PURCHASED THROUGH THE SITE. WE DO NOT GUARANTEE THAT LISTING AN ITEM ON THE SITE WILL RESULT IN A SALE, OR THAT AN ITEM LISTED ON THE SITE IS AVAILABLE FOR PURCHASE.
Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SUPPLIERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS AND OUR AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING ATTORNEYS’ FEES AND INCLUDING BUSINESS INTERRUPTION LOSSES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE OR ITS SERVICES OR ANY CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00.
Indemnification and Release
You agree to indemnify, defend and hold harmless us, our affiliates and our respective officers, directors, members, partners, suppliers, volunteers, employees, representatives, licensors and agents and our and their respective successors and assigns, from and against all losses, injuries, claims, liabilities or damages (including attorneys’ fees) including without limitation on account of:
- injury, illness, disability, death or property damage, that result from or relate to your use of the Site or from or to the use of any goods purchased through the Site including being exposed to or contracting any infectious diseases from the use of any goods, whether arising out of our negligence or otherwise; and
The Removal of a User
We have the right to remove any users of our platform and terminate their right of use of the Site without any specific reason and without compensation.
You are not permitted to access the Site if you are under the age of majority in the jurisdiction in which you live or if for any reason your account has been suspended or removed by our administrative team. You may not have more than one active account. You are prohibited from selling, trading, or otherwise transferring your account to another party. You may not use the Site if you do not meet the foregoing eligibility requirements.
Certain of the Site's services may allow you to purchase goods. If you purchase any goods using the Site's services, you agree that:
- you are responsible for payment of, and that you will pay, the amount listed and all other disclosed amounts, such as taxes, duties, costs and expenses;
- our third-party payment management system, Stripe, will automatically charge your credit card during the purchase process;
- all fees and charges are nonrefundable; and
- while we may assist with resolving your disputes regarding any goods purchased through the Site, the ultimate resolution of any such disputes is between you and the seller.
Certain listings may display a "price" which is an estimated value provided by the seller. We are not evaluation experts and rely on data from sellers and publicly available data. We strongly recommend that you do your own research to determine the value of an item.
Sellers are solely responsible for the accuracy in describing and pricing the goods on the Site. We rely on the sellers for such information. We are not responsible for the description or pricing of goods as provided by the Seller. We do not guarantee accuracy of the listing or the authenticity of any item.
If you have any disputes regarding any seller or any goods on the Site, please contact us at firstname.lastname@example.org, and we will use reasonable efforts to facilitate the communication and resolution of such disputes with the seller. We do not undertake to successfully resolve, nor do we guarantee the successful resolution of, any claims or disputes between you and the seller.
You are responsible for collecting and paying any payments or taxes associated with using and making sales through the Site's services.
You represent and warrant that you own or have the right to sell all items which you have posted for sale, and that the description of your goods complies with all applicable laws and regulations.
You will provide accurate and lawful descriptions and prices for each item you list on the Site.
You agree to complete the transaction promptly on the terms listed for the selected items.
You may not list for sale any items that violate any applicable law or regulation, or is an illegal item, including counterfeit or stolen items, or items that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party.
If an issue or dispute arises between you and any buyer regarding any item offered by you for sale on the Site, please contact us at email@example.com, and we will use reasonable efforts to facilitate the communication and resolution of such disputes with the buyer. We do not undertake to successfully resolve, nor do we guarantee the successful resolution of, any claims or disputes between you and the buyer.
You may not collect any information from or relating to, a buyer via the Site. You may not use any buyer information beyond that which is necessary to complete the sale of particular items for the applicable buyer.
Certain of the Site's services may allow a user to communicate directly with you. When a user communicates with you to inquire about or purchase a product or otherwise, the user may provide you with certain personal information (including the user's name and email address and, in the case of a purchase, payment and shipping information). Unless the relevant user otherwise specifically consents, you may not contact users or use their personal information for any purpose other than Site-related communications and for completing the transaction for which the information was provided. You may not use this information to distribute unsolicited commercial messages. Certain Services may allow a user to “follow” you. You may not add a user to your email list(s) unless that user "follows" you or otherwise consents.
For all Users
You may not:
- circumvent, attempt to circumvent, assist in circumventing or otherwise adversely manipulate the full and prompt payment to us of commissions charged by us in accordance with these TOS;
- access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, or that could interfere with the operation of the Site or which could disable or impair the Site;
- attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Site;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or violates or that threatens our system or network security; or
- post any Content that may violate or infringe the rights of others or applicable laws and regulations, that may be offensive, harassing, threatening or objectionable, that may contain a virus or other harmful component;
- promote any business, store, brand, or business name;
- publically share your private information, including phone number and email address;
- encourage Users to contact them directly, including by taking actions such as providing personal email address or phone number. Requests to be contacted directly are considered an attempt to circumvent the Site and we will pursue all remedies available to us under these TOS and law, including terminating such Users from the Site.
- abide by all additional restrictions displayed on the Site, as they may be updated from time to time; and
- promptly pay all commissions owing to us as set forth in these TOS.
Purchase of Goods and Commissions
Goods found on the Site must be purchased through the Site. Users shall not enter into any direct sales agreement with each other with respect to any goods found on the Site. In the event that we discover breach of this term of use by a particular buyer and seller, such buyer and seller shall be jointly and severally liable to us for payment in full of the commission which should have been paid to us in respect of the sale, and for all costs incurred by us (including attorneys’ fees) in our collection of same. We take breach of this term seriously and pursue the remedies available to us to the fullest extent of the law.
We may charge a commission if you elect to sell and buy goods through the Site. In such instances, we will charge you a commission for each transaction in accordance with our then-current commission rates.
Our current commission rate is 20% for sellers, unless we are running a special promotion campaign. In such event, we will announce time and terms of such campaign through our media resources and our website (https://blog.garageonlinesale.com). Such changes will be effective for all listings of goods on the Site as of the date provided in our campaign announcement.
There is always risk involved in transmitting information over the internet. Additionally, there also is some risk our security systems, or the security systems of third parties with whom we work, could be circumvented or breached. You are using our Site at your own risk.
When you use the Site, we place a text file called a "cookie" in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookies. Aggregate, but not individual, cookie and tracking information may be shared with third parties.
These TOS are governed by the laws of the Province of Ontario and by the federal laws of Canada applicable therein. Any claim or dispute against us with respect to these TOS, your use of the Site or otherwise, shall be brought exclusively in the Courts of the Province of Ontario, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY SUCH ACTION.
If we do not enforce any provision of these TOS, it does not mean we will not, and we are not waiving our right to, enforce it in the future.
Each term and provision of these TOS that would by its very nature or terms survive your use of the Site shall survive for the maximum period permitted under applicable law.
If you have any questions or comments about these TOS, please do not hesitate to contact us at firstname.lastname@example.org.