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TERMS AND CONDITIONS OF USE
USING THE SITE
In order to buy or sell telescope equipment at TelescopeTrader, potential sellers and buyers must register. Registering to participate implies acceptance of these Terms and Conditions of Use.
Shipping Purchased Items
As a seller, you agree to ship sold items to the buyer within 5 days. Failure to ship orders may result in a detrimental seller rating and possible account suspension. TelescopeTrader will not release payment to you for sales until a valid tracking or delivery confirmation number is sent to the buyer. If you enter a false tracking number, TelescopeTrader will not release funds to you for the item sold until the buyer receives verification that the item was shipped.
If you ship an item via US Postal Service, you must request a delivery confirmation number, as they are not issued automatically.
TelescopeTrader will not be held responsible for fluctuations in the cost of shipping, and you will not be reimbursed for discrepancies between calculated shipping costs and the actual shipping costs. TelescopeTrader includes shipping costs when calculating commissions.
There are no fees to list equipment.
Sellers set the price for the astronomy equipment. Sellers pay for the cost of shipping (if applicable) and a commission, and should take those costs into consideration when setting the listing price. TelescopeTrader reserves the right to change its commissions at any time.
Payment to Sellers
Sellers are required to enter a valid tracking number on all orders. Once the buyer confirms delivery by selecting "completed," the payment will be transferred to seller's bank via ACH 5 to 7 business days after delivery is confirmed.
This gives the buyer enough time to receive and inspect the item in case the item is eligible for return. A commission is deducted from the sale price and payment is sent to the seller.
For new sellers with less than 5 sales on TelescopeTrader.com, payment may be held up to 14 days after the delivery is confirmed. This is done to verify the seller and ensure safety in our marketplace.
Sellers agree to sell the item to any buyer that successfully purchases the item. Sellers are discouraged from trying to market or sell the equipment through any other online or offline method.
Sellers agree to allow the buyer 72 hours (3 days) to inspect the equipment to verify that the equipment arrived as was presented on the marketplace. If the equipment matches the description and condition that was presented by the seller, the transaction is final and the marketplace will release funds to the seller once the buyer marks the transaction "Completed."
This equipment inspection policy will only apply if the equipment description or condition is not as described and a dispute is initiated before the transaction is marked "Completed." All completed transactions are final. This is not a buy and try guarantee. It is meant to protect against the falsification of equipment information.
Attempts to abuse the Buyer Protection Policy will be investigated very seriously. TelescopeTrader reserves the right to suspend the account of any buyer or seller we feel has attempted to commit fraud by misusing this policy for his or her own personal gain. TelescopeTrader also reserves the right to withhold seller payment or charge buyer or seller credit cards in order to recover damages related to fraud. In addition, abuse of this policy is a criminal offense and violators will be prosecuted to the fullest extent of the law.
If the equipment does not match the description and condition that was presented by the seller, the buyer can initiate a dispute and should contact the seller and Customer Service immediately for possible re-negotiation of the price or return of the goods or services.
A dispute case can be initiated by a buyer within the "Account" "Settings" "Transactions" section of our Service. A DISPUTE CAN ONLY BE INITIATED BEFORE THE TRANSACTION IS MARKED "COMPLETED." When a transaction is disputed by the buyer, the status of the transaction changes to "Disputed." Disputing a transaction does not automatically refund the payment.
If the seller is found to have falsified the description of the item in question, the seller's account will be permanently suspended and the seller will be charged any necessary and reasonable fees for correcting the issue.
We provide an option for sellers to rate the condition quality of the items they list at TelescopeTrader.com, and we make every effort to confirm the accuracy of the ratings that sellers provide. Nevertheless, it might happen that you receive an item that you feel does not deserve as high a quality rating as the seller gave it. TelescopeTrader reserves the right to make its own determination as to the accuracy of an item's quality rating.
Responsibility for Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and, if applicable, your listing, purchase and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the website. This includes sales taxes applicable in each state, depending on the threshold required for collection. TelescopeTrader is not responsible, in any manner, for paying taxes on your earnings or your use of the website.
Shipping your equipment properly helps to ensure that it arrives in the same condition that you represented it on our website. Print out a copy of the listing and enclose it in your package to the buyer. This serves as a reference and packaging slip.
You may not insert any promotional or other commercial materials that are not provided or approved by TelescopeTrader. This includes, without limitation, material that announces a website or invites the buyer to visit a website other than TelescopeTrader, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. In addition, you are strongly discouraged from including any materials in your shipment that are not directly related to the good being shipped and/or provided or approved by TelescopeTrader.
WHAT IS NOT ALLOWED?
You agree not to use this site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the site. You agree not to use or permit any one to use information provided through the site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.
The sale of stolen property on TelescopeTrader and all partner websites is strictly forbidden, and violates state, federal and international law. TelescopeTrader strongly supports law enforcement efforts to recover stolen property that is listed on its site, and urges the prosecution of those responsible for knowingly attempting to sell such items on TelescopeTrader. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
The buyer name and address information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). You agree not to include in your shipment to buyers any promotional or other commercial material that is not provided or approved by TelescopeTrader. This includes, without limitation, material that announces a website or invites the buyer to visit a website other than TelescopeTrader.com, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the buyer beyond fulfillment of purchases through TelescopeTrader.
The buyer name and address information is provided for the sole purpose of shipping the specific purchased product(s) and may not be used for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). TelescopeTrader strongly discourages you from including any materials in your shipment that are not provided or approved by TelescopeTrader. The inclusion of extraneous materials in a shipment may offend or bother buyers and may negatively affect your seller rating. If TelescopeTrader receives a complaint relating to your shipments regarding extraneous materials we may take any action that we deem appropriate in our sole discretion, including without limitation issuing a warning, immediately terminating any pending sales, or immediately terminating your access to our service. You agree not to separately contact the buyer beyond fulfillment of purchases through TelescopeTrader.
WHAT HAPPENS IF YOU BREAK OUR RULES?
We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to a good, the source of a good, your acquisition of a good, or the price you paid for a good.
Violations, Termination and Suspension
We may take any action that we deem appropriate in our sole discretion, including without limitation issuing warnings, a warning, or suspension or termination of service, denying access, and removal of listings of items from, or recommending you edit a listing if: (a) you breach this Agreement or the documents it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) or we believe your conduct may cause legal liability for you, for other members, or for TelescopeTrader. You agree that payments owing to you for sales made through this site may be suspended or delayed pending our investigation. TelescopeTrader is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
Disclosure of Information
You authorize us to withhold payment or charge your credit card accounts any amount you owe us if (a) a sale is cancelled for any reason; (b) an adjustment is made under our Returns Policy or our Buyer Protection Policy; (c) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; or (d) you otherwise owe us a specific amount. If any of those things happen, we may also deduct from any amount we owe you, the amount you owe us.
Your Warranties To Us
For all goods and services you list as the seller, you warrant that your descriptions of the goods or services accurately detail and describe the goods offered for sale.
You represent and warrant that any information you provide to us, to other members, or to visitors (i) is not false, inaccurate, misleading, obscene or defamatory; (ii) is not fraudulent; (iii) does not involve the sale of counterfeit or stolen items; (iv) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (v) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (vi) does not contain any viruses or any programming that is intended to damage or interfere with any system, data or personal information.
You agree to indemnify and hold TelescopeTrader, and its parent (if applicable), subsidiaries, affiliates, partners (online or offline), officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by TelescopeTrader, and its parent (if applicable), subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions.
We collect the following information, including:
- "Personal Information" is information that can personally identify you, such as your name, address, email address and telephone number. We maintain one or more databases to store your Personal Information and may retain it as reasonably required to serve you and operate the Service. Providing your Personal Information to us is your choice. If you choose not to provide us with certain Personal Information, you may not be able to take advantage of certain features of the Service.
- Information We Collect Automatically: When you visit the Service, we may automatically collect identifier and other technical information, such as your browser information, operating system information, device information, TCP-IP address and the date, time, length of stay and specific pages accessed during your visits to the Service (“Online Information”).
Registering for the Service
If you register to use the Service, we collect Personal Information including your name, physical address, email address, and telephone number.
If you register for the Service by connecting through another service (such as a social media site or email account), you are authorizing us to use public information from that connected account to help complete your TelescopeTrader profile. Please remember that the manner in which the service uses, stores, and discloses your information is governed solely by the policies of such service. We recommend that you review the terms and policies of that service, including its privacy and data gathering practices. TelescopeTrader shall have no liability or responsibility for the privacy practices or other actions of any third-party service provider or any other third-party site or service that may be enabled within the Service.
You may review, update, or modify your account information, including profile and contact information, at any time by logging into your TelescopeTrader account. You may permanently delete your TelescopeTrader.com account in the "Account" "Settings" section of our Service.
Third Party Features
We may provide links to third-party websites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices of third-party websites before providing any information to or through them.
How Personal Information is Used, Processed and Disclosed
- send information to customers about orders;
- fulfill your orders;
- process and collect your payments;
- send you promotional marketing material about TelescopeTrader;
- customize, analyze, adjust and improve the Service to better meet your needs;
- execute a contest or other promotions;
- enforce TelescopeTrader’s agreements with you;
- prevent fraud and other prohibited or illegal activities; and
- comply with potential requests of law enforcement or data protection agencies.
When possible, Online Information may be combined and/or linked to other Personal Information that you provided to us, in accordance with the purposes specified above.
We may use your de-identified Personal Information and Online Information to prepare anonymized, aggregated data about our users ("Anonymized Data"). We may provide third parties with Anonymized Data in describing the Service to prospective partners, advertisers and other third parties, and for all other lawful purposes. As communicated to third parties, the Anonymized Data does not include any information permitting the recipient to identify, locate or contact you.
Acquisition of TelescopeTrader
In the event that a division or part or all of TelescopeTrader (or the assets of a TelescopeTrader entity) is bought, sold or otherwise transferred, or is in the process of a potential transaction, customer information will likely be shared for evaluation purposes and included among the transferred business assets.
Modifying and/or Deleting Your Personal Information
If you would like to modify or delete your Personal Information, please contact us at [email protected] with clear instructions on what you would like to be modified or deleted. We will respond to your request promptly.
Changing Your Email Subscription Preferences
If you are a registered user, you may change your preferences to receive or not to receive email or other communications from us by logging in to your account and indicating those email preferences on the "Account" "Notifications" section of our Service.
TelescopeTrader will send you messages. The default required form of communication is email. However, we may choose to offer additional ways to reach you, such as through text messaging (SMS) or physical mail. By using TelescopeTrader’s site, you hereby agree that you have provided prior express written consent to receive messages, whether email or SMS, and acknowledge that you have an established business relationship (EBR) with TelescopeTrader. You may opt out of these messages by contacting us at [email protected]
Some messages from TelescopeTrader are service-related and required for members. Examples of service-related messages include, but are not limited to: a welcome/confirmation email when you register your account, notification of an order, or correspondence with TelescopeTrader’s support team. These messages are not promotional in nature.
Your California Privacy Rights
Right to Removal of Posted Information--California Minors
If you are under 18 years of age, reside in California, and have a registered account with TelescopeTrader, you have the right to request removal of unwanted information that you publicly post on the Service. To request removal of such information, you can contact us at [email protected] Upon receiving such a request, TelescopeTrader will make sure that the information is not publicly available on the Service, but the information may not be completely or comprehensively removed from our systems and databases.
Visitors from Outside of the United States
We use reasonable security measures designed to protect information about you from loss, misuse and unauthorized access, disclosure, alteration and destruction.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like questions and answers, offers, and message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
When you send or otherwise transmit your sensitive information (such as your credit card number) to or though the Sites, your sensitive information is encrypted and protected with SSL, the current industry-standard encryption protocol. When you are on an SSL-protected page, a picture of a closed lock appears at the bottom or top of some web browsers. Another way to tell if you are on a secure page is to check the URL or address of the page. (Look in the address box or right-click on the page and select "Properties".) These secure SSL-encrypted pages have URLs that start with "https://" instead of "http://".
If you have any questions about security of the Site, please contact us at [email protected]
Disclaimer of Warranty and Liability
There are no warranties or representatives of any kind associated with your use of this website or any products or other merchandise listed or referred to in the website. The information, e-commerce and other services, and any form of product or merchandise which are or may be provided by or in connection with this website are "as is" where specified in the case used equipment only. You understand and agree that all warranties, whether express or implied, including the implied warranties of MERCHANTABILITY and fitness for a particular purpose, are hereby expressly disclaimed, and you agree never to assert any type of warranty claim against the Company. The Company or other does not warrant or guarantee that the information contained in this website is complete or error-free, or that the most up-to-date information is necessarily included in the website. The Company shall not in any event or for any reason be liable for any errors or omissions in any information provided in or through this website.
Exclusion of Punitive and Consequential Damages
With respect to any and all claims arising as a result of your use of this website or otherwise in any way related to the website, THE COMPANY WILL NOT LIABLE TO YOU IN ANY EVENT, OR FOR ANY REASON, FOR ANY PUNITIVE DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (including any damages for lost or damaged files or data, lost profits, lost savings, or loss of opportunity), EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. This limitation shall apply without regard to the cause of action or form of action, and limits damages from claims in contract, warranty, tort (including allegations of negligence or allegedly intentional misconduct), product liability or strict liability.
Dollar Cap on Damage Liability
THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY ACTUAL, DIRECT NOMINAL AND ALL OTHER DAMAGES ARISING AS A RESULT OF YOUR USE OF THIS WEBSITE, OR IN ANY WAY RELATING TO THE WEBSITE OR THE PRODUCTS, MERCHANDISE OR SERVICES PROVIDED IN CONNECTION WITH SUCH USE, SHALL BE LIMITED IN ANY EVENT TO TWO HUNDRED FIFTY DOLLARS ($250.00). The limitation stated in the preceding sentence is an aggregate limit and shall not be expanded, and no exception shall be made, on account of the existence of multiple claims, whenever arising, regardless of the nature or extent of such claims.
Third Party Claims
The Company shall not be liable to you for any reason, for or with respect to any claim, debt or demand made or brought against you by any third party (including any other user of the website).
Intellectual Property Rights
You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of TelescopeTrader's intellectual property.
Copyright (c) 2021, TelescopeTrader.com. The software and the site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of Origami Group or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the site is the exclusive property of Origami Group and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the site is strictly prohibited.
Any disputes, controversies, or claims arising between you and the Company that arise out of or relating to your use of this website, or any transaction conducted on or through the site, or of the rights and obligations related hereto (collectively, the "Disputes"), shall be referred to the American Arbitration Association for arbitration in accordance with the commercial rules of the American Arbitration Association. Any such Dispute shall be arbitrated on an individual basis, and shall not be consolidated in any other arbitration or proceeding involving any claim or controversy with or by any other party. The place of arbitration shall be Tucson, Arizona. The Federal Arbitration Act will govern any such arbitration. Each party shall bear its own costs, and the decision of the arbitrators shall be final and enforceable. Any amounts awarded pursuant to this Agreement shall be payable in U.S. dollars, free of any tax, offset or any other deduction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims presented to the tribunal. Judgment upon any arbitral award may be entered and enforced in any court of competent jurisdiction, in respect of any action for enforcement of an award by either party.