Ridgefield Marketplace Sellers Agreement

Last updated: March 10, 2019

Please read this Sellers Agreement (“Sellers”, “Sellers Agreement”, or “Terms”) carefully before using the www.ridgefieldmarketplace.com website (the “Service”) operated by JB Marketplace, LLC DBA Ridgefield Marketplace (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These terms are required in order for you to sell items or services in this Marketplace on www.ridgefieldmarketplace.com

You must agree to the terms outlined below, which includes our Privacy Policy, our Terms and Conditions, Legal Disclaimer, and any other terms or policies on our site.  By listing an item or service for sale on our site, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to list or sell and item or service on the Service/Marketplace.

This site (www.ridgefieldmarketplace.com) is owned and operated by JB Marketplace, LLC DBA Ridgefield Marketplace.  Changes to this Sellers Agreement are effective when the changes are posted to the site.  Continuing to sell items, products, or services on our site will constitute your agreement to the new Sellers Agreement terms.  It is your sole responsibility to review the changes and decide if you want to continue to sell on our site.

Ridgefield Marketplace

JB Marketplace, LLC DBA Ridgefield Marketplace provides an online marketplace that allows third-party sellers or vendors to sell their products or services to buyers.  JB Marketplace, LLC DBA Ridgefield Marketplace solely and only provides a platform for these transactions to take place.

Accounts

Please note that you must complete the site registration process to create a sellers account with a username and a password, in order to make use of selling and item or service on our site.  Importantly, JB Marketplace, LLC DBA Ridgefield Marketplace, in its sole discretion, must approve your sellers account prior to you being able to sell an item or service on our site.  Said approval shall be provided to you within 48 hours after completion of the site registration process.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Prohibition against the Sale of Items or Services to Minors

All Sellers and Vendors on our site must be at least 18 years of age.  Moreover, listing items or services for sale or purchase is limited to parties that are legally able to enter into a contract.  To list items for sale, you must include your business name, address, phone number, email address, Stripe account information, and all other information requested in our site registration page.  Plus, you must agree to this Sellers Agreement and all other terms and conditions on our site.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Electronic Communications

When you use our Service/Marketplace, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Purchase Reviews, Comments, and Forum Remarks

You may post comments, photos, videos, and other content, suggestions, ideas, FAQ’s, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third-parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass-mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. JB Marketplace, LLC DBA Ridgefield Marketplace reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. 

If you do post content or submit material, you represent and warrant that the use of the content you provide does not violate this policy and will not cause injury to any person or entity; and that you will indemnify JB Marketplace, LLC DBA Ridgefield Marketplace for all claims resulting from content you provide. JB Marketplace, LLC DBA Ridgefield Marketplace has the right but not the obligation to monitor and edit or remove any activity or content. JB Marketplace, LLC DBA Ridgefield Marketplace takes no responsibility and assumes no liability for any content posted by you or any third party.

Purchases and Marketplace Fees

Our Service/Marketplace may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third-parties subject to our Privacy Policy.

The payment processors we work with are:

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

Fees

For all items or services sold through our Marketplace, JB Marketplace, LLC DBA Ridgefield Marketplace, charges a transaction fee.  The current fee is as follows:

JB Marketplace, LLC DBA Ridgefield Marketplace will receive a 10% transaction fee on all orders.

Other Charges – Stripe charges a 2.9% fee from the total amount of each payment. In addition, there is also a $0.30 flat fee on each transaction (Stripe payment processing fees).

The seller of an item or service is responsible for paying these fees.  Said fees will be automatically deducted from the earnings you receive from a sale.  Fees may change at any time with fifteen (15) days electronic or other written notice.

All earnings received from a sale of an item or service by the Seller, minus the above transaction fees, will be processed to the Seller using the Stripe payment gateway. (All sellers are required to open a free of charge Stripe Account for receipt of earnings). 

Please see https://stripe.com/connect for more details. You can create your account when registering with Ridgefield Marketplace.

Marketplace Facilitator Taxes

A Marketplace Facilitator is defined as a marketplace that contracts with third party sellers to promote their sale of physical property, digital goods, and services through the marketplace. As a result,  JB Marketplace, LLC DBA Ridgefield Marketplace is deemed to be a marketplace facilitator for third-party sales facilitated through www.ridgefieldmarketplace.com.

Marketplace Facilitator legislation is a set of laws that shifts the sales tax collection and remittance obligations from a third-party seller to the marketplace facilitator. As the marketplace facilitator, JB Marketplace, LLC DBA Ridgefield Marketplace will now be responsible to calculate, collect, and remit tax on sales sold by third-party sellers for transactions destined to states where Marketplace Facilitator and/or Marketplace collection legislation is enacted.  As of December 2018, Connecticut is one such state.  More information concerning this legislation can be found at the following:

https://portal.ct.gov/-/media/DRS/Publications/OCG/OCG-8.pdf?la=en

Shipping

            As part of this Sellers Agreement, it is your responsibility to deliver the items contained within an order to the buyer.  All orders should be shipped to customers within 48 hours of the time of the purchase. 

            All orders must reach the buyer within the USPS standard shipping time frame of 6-8 business days and 3-4 business days for expedited shipping.

            Further, many buyers prefer they receive Tracking / Delivery Confirmation for an item that has been purchased. Tracking / Delivery Confirmation provides the date, time, and location of the delivery or delivery attempt and can be tracked online. 

**Any orders over $20.00 in value should include Tracking / Delivery Confirmation for your own protection.

**Any orders over $49.99 in value MUST be shipped with Tracking / Delivery Confirmation.  You may also choose to add insurance for your protection.

** Any orders over $250.00 in value MUST be shipped with Signature Confirmation. You may also choose to add Insurance for your protection. 

Sellers are responsible for determining and calculating the appropriate shipping costs for all items or products.  Shipping information and costs can be found at the following:

https://www.usps.com/ship/welcome.htm

Failure to timely ship items may be grounds for the termination of your account.

For all sales made by Ridgefield, CT vendors to Ridgefield, CT residents, said vendors shall offer free, next-day delivery of any item or product.

Item or Product Restrictions

            Sellers shall not list any item or product that is illegal, stolen, counterfeit/fake, or infringes upon the intellectual property rights of another.  Sellers are prohibited from selling wine, beer, or alcohol through the site/marketplace.

            By listing an item for sale on our site, Seller agrees that he/she has the right to sell the item, has the item in his/her possession, and that your description of the item or product or service in your listing is complete and accurate.

            By listing an item for sale on our site, Sellers are required to sell items or products at the price they listed to customers in the marketplace. 

Refunds and Return Policy

            All Sellers must comply with our returns and refund policy, which can be found on our marketplace website.   For all of your products, customers shall not be subject to restocking or refund fees when a Seller applies a refund.  Seller shall 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 by you to buyers in connection with purchases completed on our site/marketplace.

            When you issue a full refund for a product or service, JB Marketplace, LLC DBA Ridgefield Marketplace will refund all of the original order-related transaction fees.

            When you issue a partial refund for a product or service, JB Marketplace, LLC DBA Ridgefield Marketplace will refund you the appropriate proportionate share of the original order-related transaction fees.

Please note that JB Marketplace, LLC DBA Ridgefield Marketplace will not refund any original order-related transaction fees after fifteen (15) days from the date of  purchase.  After fifteen (15) days from the date of purchase, JB Marketplace, LLC DBA Ridgefield Marketplace will retain all original order-related transaction fees from the Seller, regardless of whether a product or service was returned to Seller.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.  All posted photos or videos of items or products must be high quality and high resolution.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

JB Marketplace, LLC DBA Ridgefield Marketplace has the right but not the obligation to monitor and edit all Content provided by users.

In addition, content found on or through this Service are the property of JB Marketplace, LLC DBA Ridgefield Marketplace or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of JB Marketplace, LLC DBA Ridgefield Marketplace and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of JB Marketplace, LLC DBA Ridgefield Marketplace.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by JB Marketplace, LLC DBA Ridgefield Marketplace.

JB Marketplace, LLC DBA Ridgefield Marketplace has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that JB Marketplace, LLC DBA Ridgefield Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you can do so at any time by simply providing written notice to JB Marketplace, LLC DBA Ridgefield Marketplace, via email at info@ridgefieldmarketplace.com.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

JB Marketplace, LLC DBA Ridgefield Marketplace reserves the right to monitor seller accounts to determine if policies, provisions, or laws are being broken.

Upon termination, Seller is responsible for any fees that were incurred prior to the effective date of the termination, including any refunds, chargebacks, or adjustments to buyers or JB Marketplace, LLC DBA Ridgefield Marketplace

Indemnification

You agree to defend, indemnify and hold harmless JB Marketplace, LLC DBA Ridgefield Marketplace and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability

In no event shall JB Marketplace, LLC DBA Ridgefield Marketplace, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Furthermore, you agree and will indemnity and hold harmless JB Marketplace, LLC DBA Ridgefield Marketplace (and its respective agents, employees, directors, officers, or representatives) from any and all losses, damages, claims, judgments, penalties, interest, fees, expenses (including reasonable attorneys’ fees) arising out of any claim, legal action, investigation, audit, inquiry, arbitration, mediation or any other proceeding instituted by a person, individual, third-party or organization arising, in any and all ways, out of use of this Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Ridgefield Marketplace partners with best in-class service providers and takes every precaution, including the use of anti-virus software, to ensure that the marketplace is safe and available for use at all times.  However, JB Marketplace, LLC DBA Ridgefield Marketplace its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

JB Marketplace, LLC DBA Ridgefield Marketplace will not be responsible or liable for any loss due to our marketplace or Service not being available.  Further, JB Marketplace, LLC DBA Ridgefield Marketplace will not responsible or liable due to errors in our software, code, website or the software of others that we may use.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Connecticut, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Because JB Marketplace, LLC DBA Ridgefield Marketplace is not directly involved with transactions between buyers and sellers, you agree to release and indemnify JB Marketplace, LLC DBA Ridgefield Marketplace from demands, damages, and claims related to purchase or transaction disputes.

 If a dispute arises, buyers and sellers are expected to deal with each other to come to an amicable resolution within 48 hours, if possible.

Any claim against JB Marketplace, LLC DBA Ridgefield Marketplace in relation to our Service/Marketplace shall be adjudicated in Fairfield County, Connecticut and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Connecticut law without regard to conflict of laws and principles thereof.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least fifteen (15) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Additional Insured Requirement

            All Sellers shall maintain a General Liability insurance policy, which names JB Marketplace, LLC DBA Ridgefield Marketplace as a vendor additional insured under your General Liability Insurance policy.  Prior to Seller being allowed to use our Service, Seller must provide JB Marketplace, LLC DBA Ridgefield Marketplace with the above, requisite additional insured certificate.

Severability

            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 JB Marketplace, LLC DBA Ridgefield Marketplace does not constitute a waiver of JB Marketplace, LLC DBA Ridgefield Marketplace’s right to enforce such section or any other section in the future.

Contact Us

If you have any questions about these Terms, please contact us by email at info@ridgefieldmarketplace.com