Fees and Taxes
Thefees we charge for using our Services are listed on our selling fee page. Wemay change our seller fees from time to time by posting the changes on the Martsbaysite 14 days in advance, but with no advance notice required for temporarypromotions or any changes that result in the reduction of fees.
Ifyou are a seller, you are liable for transaction fees arising out of all salesmade using some or all Martsbay Services, even if sales terms are finalized orpayment is made outside of Martsbay. In particular, if you offer or referenceyour contact information or ask a buyer for their contact information in thecontext of buying or selling outside of Martsbay, you may be liable to pay aapplicable to that item, even if the item doesn't sell, given your usage of MartsbayServices for the introduction to a buyer.
Youmust have a payment method on file when selling through Martsbay Services andpay all fees and applicable taxes associated with our Services by the paymentdue date. If your payment method fails or your account is past due, we maycollect amounts owed by charging other payment methods on file with us, retaincollection agencies and legal counsel, suspend or limit Services, and, foraccounts over 60 days past due, request that PayPal deduct the amount owed fromyour PayPal account balance. In addition, you will be subject to late fee. Martsbay,or the collection agencies we retain, may also report information about youraccount to credit bureaus, and as a result, late payments, missed payments, orother defaults on your account may be reflected in your credit report. If youwish to dispute the information Martsbay reported to a credit bureau (i.e.,Experian, Equifax or TransUnion) please contact us first via support ticketsystem
Inany jurisdiction where Martsbay has an obligation to collect sales taxes onsales you make using Martsbay Services, we may collect such sales taxes fromyou via the payment method on file under the terms of the Billing Agreement orvia any other means available to us.
Sellerfees don't purchase exclusive rights to item exposure on Martsbay, whether on aweb page, mobile app, or otherwise. We may display third-party advertisements(including links and references thereto) or other content in any part of ourServices, in our sole discretion and without consent from, or payment, feereduction, or other credit to, sellers.
Whenlisting an item for sale on Martsbay Services, you agree to comply with Martsbay'spolicies and selling practices policy and that:
Whenbuying an item on Martsbay Services, you agree to the Rules and policies for buyers and that:
International Buying and Selling; Translation
Manyof our Services are accessible internationally. We may offer certain programs,tools, and site experiences of particular interest to international sellers andbuyers, such as estimated local currency conversion and international shippingcalculation tools. Sellers and buyers are responsible for complying with alllaws and regulations applicable to the international sale, purchase, andshipment of items. If you purchase an item on an Martsbay site other than Martsbay.com,you are subject to the User Agreement of that other Martsbay site with respectto that particular purchase.
Ifyou purchase an item on an Martsbay site that is different from yourregistration site, you are subject to the User Agreement and applicablepolicies of that other Martsbay site with respect to that particular purchase,as detailed in the International Selling Policy.
Forsellers, you agree that we may display your listing for sale on an Martsbaysite other than the site where you listed your item for sale, based on yourshipping settings. You may adjust these settings as detailed in the International Selling Policy. If you list youritems with an international shipping option, the appearance of your listings onsites other than the listing site is not guaranteed. If you sell an item on an Martsbaysite that is different from your registration site, you are subject to the UserAgreement and applicable policies, including any buyer protection programs, ofthat other Martsbay site with respect to that particular sale, as detailed inthe International Selling Policy.
Youauthorize us to use automated tools to translate your Martsbay content andmember-to-member communications, in whole or in part, into local languageswhere such translation solutions are available. We may provide you with toolswhich will enable you to translate content at your request. The accuracy andavailability of any translation are not guaranteed.
Oneof the ways that we may make Martsbay.com listings available to internationalbuyers on Martsbay.com and on Martsbay's international sites is through the Global Shipping Program. For eligible itemslocated in the United States and purchased by an international buyer throughthe Global Shipping Program, you (as seller) will simply ship the item to a parcelprocessing facility located in the United States after receiving notificationof payment from the buyer. Pitney Bowes Inc., a third-party global shippingprovider, will oversee the processing, customs clearance, and internationalshipment of the item on behalf of your international buyer. To the extent abuyer has a question about your Global Shipping Program listings, Martsbay mayrespond directly to the buyer if the question pertains to the services overseenby Pitney Bowes Inc. (for example, customs or international shipping).Sellers pay no additional fees for selling through the Global ShippingProgram.
Pursuantto a routed export transaction under the U.S. Export Administration Regulationsand Foreign Trade Regulations, the buyer, as the Foreign Principal Party inInterest, will agree to assume responsibility for the export shipment, withPitney Bowes Inc. acting as your buyer's forwarding agent. You remain liablefor the accuracy of information you provide about items, and you agree toprovide timely responses to requests for additional information.
Youconsent to the disclosure of certain personally identifiable information, aswell as listing and order information, by Martsbay to Pitney Bowes Inc., and byPitney Bowes Inc. to its affiliates, service providers, and other third parties(such as customs and revenue authorities, as well as other governmentagencies), in connection with the processing, export and customs clearance, andinternational transportation of any item. Martsbay does not control the privacypolicies of Pitney Bowes Inc., its affiliates, or its service providers, andyou are subject to the privacy policies of those parties, as applicable.
Additionalinformation about the program, including policies governing feedback, thehandling of lost, damaged, and undeliverable items, returns, and the resolutionof buyer protection claims for items that you sell through the program.
Whenyou provide content using the Services (directly or indirectly), you grant us anon-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable(through multiple tiers) right to exercise any and all Intellectual PropertyRights you have in that content in connection with our provision, expansion,and promotion of the Services, in any media known now or developed in thefuture. To the fullest extent permitted under applicable law, you waive yourright to enforce your Intellectual Property Rights in that content against Martsbay,our assignees, our sublicensees, and their assignees in connection with our,those assignees', and those sublicensees' use of that content in connectionwith our provision, expansion, and promotion of the Services.
Yourepresent and warrant that, for all such content you provide, you own orotherwise control all necessary rights to do so and to meet your obligationsunder this User Agreement. You represent and warrant that such content isaccurate. You represent and warrant that use of any such content (includingderivative works) by us, our users, or others in contract with us, and incompliance with this User Agreement, does not and will not infringe anyIntellectual Property Rights of any third party. Martsbay takes noresponsibility and assumes no liability for any content provided by you or anythird party.
Weoffer product data (including images, descriptions and specifications) that areprovided by third parties (including Martsbay users). You may use that contentsolely in your Martsbay listings. Martsbay may modify or revoke that permissionat any time in our sole discretion. The product data includes copyrighted,trademarked and other proprietary materials. You agree not to remove anycopyright, proprietary, or identification markings in the product data and notto create any derivative works based on that data (other than by including thedata in your listings).
Wetry to offer reliable product data, but cannot promise that the contentprovided through the Services will always be available, accurate, complete, andup-to-date. You agree that Martsbay is not responsible for examining orwarranting the listings or content provided by third parties through theServices, and that you will not attempt to hold us or our data providers liablefor inaccuracies. As a seller, you agree to ensure that content directlyassociated with your listings is accurate.
Thename "Martsbay" and other Martsbay marks, logos, designs, and phrasesthat we use in connection with our Services are trademarks, service marks, ortrade dress of Martsbay in the U.S. and other countries. They may not be usedwithout the express written prior permission of Martsbay.
Holds and Restricted Funds
Toprotect Martsbay from risk of liability for your actions as a seller, Martsbayhas at times recommended, and may continue to recommend, that PayPal restrictaccess to funds in a seller's PayPal account based on certain factors,including, but not limited to, selling history, seller performance, returns,riskiness of the listing category, transaction value, or the filing of an MartsbayMoney Back Guarantee case. This may result in PayPal restricting funds in yourPayPal account.