Vendor Marketplace Agreement
The Black Trade provides an online service that allows Vendors to sell their products to buyers. The Black Trade does not act as the agent for either buyers or Vendors. Our service provides a platform for these transactions to take place.
You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of buying or selling on the marketplace. You are responsible for protecting your password. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. The Black Trade is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and nonassignable.
Listing items for sale on The Black Trade is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on The Black Trade.
For all open-market items sold through TheBlackTrade.com, The Black Trade charges the Vendor a flat transaction fee of 10%. Vendor membership fee is 6.99 USD monthly or 50.00 USD annually. Fees may change at any time with 90 days advanced notice posted on the site. The fee schedule in effect on the date of sale of the item shall govern the transaction. By listing an item for sale in The Black Trade, you agree to pay the applicable fees and any collection costs related to non-payment of fees. In addition, non-payment of membership fee may result in your Vendor account being suspended.
The Black Trade requires you to provide timely support to the marketplace customers. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the The Black Trade marketplace within 48hrs if possible. You are also required to notify The Black Trade when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order.
All shipping fees are included in your price. All orders should be shipped to customers within the timeframe you have committed to in your item posting. It is your responsibility to deliver the items contained within an order to the Buyer.
Vendors cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Furthermore, Vendor must meet all customer terms and conditions required by all applicable Federal Acquisition Regulations. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of Vendors may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of The Black Trade. Marketplace transactions must take place between two different individuals, organizations or entities. The Black Trade reserves the right to refuse service to anyone at any time for any reason. The Black Trade reserves the right to prohibit the sale of any item in the marketplace. At The Black Trade’s discretion, products may be removed at any time without notice. The way listings appear in the marketplace may change without notice to users of the marketplace (Buyers or Vendors). Vendors are expected to only list items and quantities they are capable and willing to sell in the delivery timeframe they specify. Vendors are required to sell items at the price they listed to customers that meet the Vendor’s terms. By listing an item on The Black Trade you agree that you have the right to sell the item, that you have access to the item and that your description provided in your listing is complete and accurate. Vendors are required to ship an order by the provided ship. Failure to ship by the provided date may be grounds for termination of your Account. At any point in time The Black Trade reserves the right to require the Vendor to provide a “letter of supply” from the manufacturer. The vendor acknowledges that The Black Trade shall or may in reliance of this agreement provide the Vendor access to trade secrets, customers, and other confidential data and that the provisions of this agreement are reasonably necessary to protect The Black Trade and its good will. The Vendor agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.
When a buyer completes a purchase on The Black Trade the Vendor will receive an email with a transaction summary, payment details, and billing address necessary to fulfill order. This process represents a transaction. Vendor payments will be sent within 5 business days of receiving order(For example: If Vendor receives order(s) during normal business hours on a Monday his or her payment for the order(s) will be sent by that Friday. Please keep in mind federal holidays may delay payment 1-2 business days). All Vendor payments are sent via PayPal. It is the sole responsibility of the Vendor to make sure PayPal ID is accurate and up to date.
For all of your products you will accept returns, refunds, and adjustments in accordance with this marketplace Vendor agreement. The buyer is subject to the Vendor’s return policy. Vendor will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid to buyers in connection with The Black Trade marketplace purchases. Vendor will notify The Black Trade immediately afterwards in order for refunds and adjustments to be provided promptly as required by law, and in no case later than thirty (30) days after the obligation arises.
The Black Trade reserves the right to monitor Vendor accounts to determine if policies or laws are being broken. Any illegal or fraudulent activity may be reported by The Black Trade to law enforcement or other third parties. Upon termination, Vendor must pay The Black Trade any fees that were incurred prior to the effective date of termination.
The Black Trade marketplace (TheBlackTrade.com) is provided as is and without warranty. The Black Trade makes no warranties of any kind, expressed or implied. The Black Trade will provide best effort to ensure TheBlackTrade.com is available 24 hours-a-day 365 days- a-year, but we do not guarantee TheBlackTrade.com will always be available. The Black Trade will not be liable for any loss due to TheBlackTrade.com not being available. The Black Trade will not be liable for any loss due to errors in our software or the software of others that we use.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless The Black Trade and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes. THE BLACK TRADE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
You agree to release The Black Trade from claims, demands, and damages related to transaction disputes not directly related to the TheBlackTrade.com platform. If a dispute arises, buyers and Vendors are expected to deal with each other to come to a resolution.
Any claim against The Black Trade in relation to TheBlackTrade.com shall be adjudicated in a court in Nassau County, New York and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by New York law, without regard to conflict of laws principles thereof.
By agreeing to the marketplace Vendor agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by The Black Trade does not constitute a waiver of The Black Trade’s right to enforce such section or any other section in the future.
An electronic signature is any electronic sound, symbol, or process that is related to an agreement and executed with the intent to sign that agreement. You agree that the process of including this document on the marketplace constitutes a binding electronic signature by The Black Trade and that the process of clicking the Terms & Agreement checkbox during the account creation process represents your binding electronic Vendor signature.