RcadeTrade Marketplace Seller Agreement

To sell products on RcadeTrade.com (the “Site”), you must agree to the marketplace seller agreement outlined below. This includes our privacy policy and any other terms and conditions on RcadeTrade.  The terms and conditions of this agreement are binding for anybody listing an item for sale or purchasing an item on RcadeTrade. This marketplace seller agreement will change without notice. Changes to this agreement are effective when it is published, noted in "Last Updated" by the agreement title. Continuing to sell on RcadeTrade will re-establish your agreement to the latest version of the seller agreement.

RcadeTrade.com is an online marketplace that allows 3rd party sellers to sell their items to buyers.  RcadeTrade does not represent either the buyer or the seller. RcadeTrade.com is solely the platform for transactions to take place.

Eligibility

You must be at least 18 old to purchase or sell goods or items on the Site, and be able to lawfully enter into a contract. RcadeTrade seller applications are manually approved, and can be applied through the account dashboard. By applying as an RcadeTrade seller, you agree to this marketplace seller agreement.

Completing your seller account requires the seller to create a Stripe account. There will be a link provided to the seller through email and on the account settings page. Your Stripe account will be connected to RcadeTrade's Stripe account, and it will be nessessary to provide your bank information to Stripe. RcadeTrade never has access to this information. RcadeTrade uses your connected Stripe account to payout sellers for their successful orders, as well as charge the seller for shipping labels purchased through the order management page.

Marketplace Fees

Every item sold through the marketplace is subject to selling fees. RcadeTrade charges a percentage of the sale price as the selling fee, with the fee structure outlined here. Sellers are responsible for fees, and RcadeTrade will automatically withdraw the fee amount from sale earnings. The published fee structure on the day of a sale is what will be applied to that sale. RcadeTrade's fee structure can change without notice, and will be reflected in the fee structure guide.

Communication

RcadeTrade requires that all communications between buyers and sellers are kept on the Site. Do not contact customers directly unless responding to a question, addressing a complaint, or reporting a change in the status of an order. You are also required to notify RcadeTrade when the status of the order has been changed.  A change of order status could mean: refunding an order, canceling an order, or an item is missing from their order. There may be other situations where you may find it necessary to contact a customer, such as a package being returned or an error in shipping address. When you ship an item, an automatic email will be sent to your customer informing them, so it is not necessary to alert them directly.

Please regularly check your messages and respond to your customers as soon as possible. All customer issues related to the RcadeTrade marketplace must be resolved within 48 hrs. 

Restrictions

Sellers are prohibited from listing or selling items that: violate intellectual property rights or are illegal, fake, counterfeit, or stolen. Sellers may be limited in a manner that allows them to make a certain amount of transactions within a given time at the sole discretion of RcadeTrade. RcadeTrade reserves the right to refuse service to anyone at any time for any reason. 

Products listed for sale must be listed on the correct product page and an accurate description of the product must be given.
RcadeTrade determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product and the way listings appear to users in the marketplace can also take place without notice.

By listing an item in our marketplace you agree that you legally can sell the item, it is in your possession and the description provided is accurate. Drop shipping and selling items not physically in possession is not permitted. Sellers are required to follow RcadeTrade's shipping guidelines. Failure to do so could end with the termination of your account.

Customer Information

You and any individuals that have access to your RcadeTrade account must keep any buyer information received confidential and secure. You should not share your login information with anyone other than authorized employees. If you store buyer information anywhere outside of the RcadeTrade Seller Dashboard, you must store that information securely.

You may not share, sell, rent, or distribute buyer information to a third party. You may not use buyer information except as necessary to complete the transaction. You may not use buyer information to market to buyers, unless you obtain prior consent before doing so.

Payments

You must create a Stripe account and provide bank account information for an account in the U.S. in order to receive payments. All payments will be made in U.S. Dollars. After a sale is finalized, the net proceeds will be sent to your Stripe account. A sale is finalized when an order recieves positive feedback, or 14 days after the order's expected delivery date.  The funds in your Stripe account will be automatically transferred on a daily rolling basis to your linked bank account. Any refunds to buyers and seller fees will be debited from your connected account.

If RcadeTrade concludes that a seller's actions or performance in relation to the marketplace could result in buyer disputes, chargebacks or other claims, then we may delay or withhold any payments to be made or that are otherwise due to you until completion of any investigations. 

Taxes

RcadeTrade sellers do not individually collect sales tax. RcadeTrade collects and remits sales tax on behalf of our sellers.

RcadeTrade will automatically collect tax for orders placed in states that collect sales tax.  Sales tax is calculated at checkout based on the buyers shipping zip code.  When a buyer places orders from multiple vendors, each order will be taxed at the rate based on the buyers shipping address.

Delaware, Montana, New Hampshire, and Oregon do not collect sales tax.

Return Policy

You must accept and process returns for all of your products. Refunds and adjustments must be completed in accordance with the RcadeTrade return policy published at the time of the order. Customers are not charged a restocking or refund processing fee. Using the functionality of your account, you will calculate the amount of all refunds in connection with RcadeTrade purchases and will route all such payments to buyers through RcadeTrade. RcadeTrade will provide payments to the buyers and you will reimburse us for all amounts paid. These payments may be in the same form originally used to purchase your product.

We may offset such payments against any amounts to be paid to seller by RcadeTrade under this marketplace agreement or seek reimbursement from seller via any of the means authorized under this marketplace agreement. You will promptly provide refunds that you are obligated to provide under the RcadeTrade Refund and Return policy within thirty (30) days.

Termination**

RcadeTrade reserves the right to terminate a user’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice. RcadeTrade reserves the right to monitor user accounts to determine if policies or laws are being broken. Any illegal or fraudulent activity may be reported to law enforcement. The seller can terminate participation in our marketplace at any time by written notice. Upon termination, seller must pay RcadeTrade any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.

**Rewrite*** Upon termination, RcadeTrade reserves the right to offset any payments to be made to seller, an amount determined by RcadeTrade to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller's account for a prospective three-month period. At the end of such three-month period following termination, RcadeTrade will disburse to seller any amount not used to offset chargebacks, refunds, adjustments or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments or other amounts paid to buyers, as applicable. **Rewrite**

Warranty

RcadeTrade makes no warranties of any kind, expressed or implied. We do not guarantee our marketplace will always be available. RcadeTrade will not be liable for any loss due to our marketplace not being available or due to errors in our software or the software of others that we use.

Risk of Loss

RcadeTrade will bear the risk of credit card fraud occurring in connection with a payment transaction through our marketplace, and the seller will bear all other risk of fraud or loss.

RcadeTrade reserves the right to seek reimbursement from the seller if we decide to provide a refund to the buyer for reasons including but not limited to: the seller cannot ship the order in a timely manner, the discovery of erroneous or duplicate transactions, or a chargeback from a buyer's credit card issuer. RcadeTrade may obtain reimbursement of any amounts owed by the seller to RcadeTrade by deducting from future payments, reversing any credits to the account, debiting the seller’s bank account, charging the seller's credit card, or seeking reimbursement from the seller by any lawful means. You authorize us to use any of these methods to seek reimbursement.

Indemnity **

You will defend, indemnify and hold harmless RcadeTrade 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.

RCADETRADE 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.

Disputes

RcadeTrade is not directly involved with transactions between buyers and sellers, therefore you agree to release RcadeTrade from claims, demands and damages related to transaction disputes.

If a dispute arises, buyers and sellers are expected to communicate with each other to resolve any issues. In some instances, RcadeTrade Customer Service may intervene to mediate disputes on our platform.  RcadeTrade Customer Service may apply full or partial refunds to resolve disagreements. Any and all refunds are at the discretion of the RcadeTrade Customer Service Team. 

Jurisdiction

Claims against RcadeTrade in relation to our marketplace shall be adjudicated in a court in Denver County, Colorado and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Colorado law.

Content Agreement

You grant the royalty-free use of any content you submit to us by agreeing to the marketplace seller agreement. By submitting content to us, you represent that you own and have the right to distribute said content. You will be responsible for any violation of rights for unauthorized content.

Severability

If any section of this agreement is deemed unlawful or void, then that section will be deemed severable. The remainder of the agreement will remain in force. Failure to enforce any section of this agreement by RcadeTrade does not waive the right to enforce such section or any other section in the future.

Intellectual Property

Sellers cannot list or sell items that infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen.

Delivery Policy

Please read our Shipping Guidelines carefully.  The Seller waives the ability to win any disputes should they choose not to follow the Shipping Guidelines. It is your responsibility to ship the items ordered to their prospective buyers. No attempts to meet in-person should be attempted.

All orders should be shipped to customers within 2 business days. All orders must reach the Buyer within 6-8 business days (standard shipping) or 3-4 business days (expedited shipping). Failing to provide notification of shipment within 4 days could result in your transaction and payment being canceled. You waive your ability to win any disputes if the customer claims the package did not arrive due to the absence of Delivery Confirmation or Tracking. 


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