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Terms and Conditions

Welcome to www.sososwanky.com. The www.sososwanky.com website (the “Site”) is comprised of various web pages operated by Sososwanky (“SSS”). www.sososwanky.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.sososwanky.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.sososwanky.com is an E-Commerce Site.

The purpose of this site is to allow sellers to sell their pre-owned items to potential buyers. Buyers are able to buy quality, pre-owned items at a fraction of the cost. Items for sale are typically South Asian in origin and include but are not limited to clothing, jewelry, and accessories.

In using the service buyers and sellers enter into a contract for the sale and purchase of Items directly between themselves, and SoSoSwanky is not a party to such sale or purchase. There are risks that you assume when dealing with others, and these risks are borne by you alone, and not SoSoSwanky. You are solely responsible for your evaluation of, and decision to use, this service, buy, sell, or transact any business or communications on this service, and will be liable for all of your actions on this service.

Privacy

Your use of www.sososwanky.com is subject to SSS’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.sososwanky.com or sending emails to SSS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SSS is not responsible for third party access to your account that results from theft or misappropriation of your account. SSS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

SSS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.sososwanky.com only with permission of a parent or guardian.

Shipping Policy

The cost of shipping is a flat rate of $9.99 per seller at a maximum parcel weight of five (5) pounds. Shipping is paid for by the buyer. Anything over five (5) pounds will incur an additional cost which will be the responsibility of the seller and will be deducted from the final amount paid to the seller 48 hours upon buyer’s receipt of the item. SoSoSwanky will provide Seller with a prepaid shipping label to send the Item to the Buyer. Seller must ship Item within three (3) days of receipt of the label, if Seller does not ship the Item, We will notify Seller and provide a set amount of time for shipping before the order will be cancelled. When using a label Seller must only uselabel to ship applicable item, is fully responsible for contents of parcel, comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to SoSoSwanky 48 hours after delivery. Once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying SoSoSwanky or failing to notify SoSoSwanky within 48 hours of delivery (as determined by tracking information), SoSoSwanky will credit Seller’s selected payment method with amount equal to Purchase price, minus taxes, SoSoSwanky’s commission, and any applicable fees.

Taxes. Purchased items may be subject to applicable taxes in your jurisdiction, which SoSoSwanky will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and SoSoSwanky is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price or Items, but will be displayed before confirmation of purchase. Taxes are based on several factors, including price, location, and state local, federal, or other applicable rates at time of purchase.

Payments. Buyers may pay for Items using payment methods approved by SoSoSwanky, and SoSoSwanky will receive payment from Buyer on behalf of Seller. By submitting payment information to SoSoSwanky You authorize SoSoSwanky to store that information and with your confirmation, charge You for any Items purchased.

Fee Modifications.

We may change or discontinue, temporarily or permanently, some or all fees for the Service.

Cancellation/Refund Policy

We don’t release funds to the seller until after the 48-hour period from time of delivery passes. You have 48 hours after delivery to inform us if the item was not as depicted by contacting us. If a claim is not made within 48 hours, the funds will be released to the seller. All sales are final, and no refunds will be provided. Please contact customerservice@sososwanky.netqom.com with all applicable photos, comparisons and description of discrepancies. Determination of misrepresentation on the part of the seller is made by a representative of Sososwanky. If misrepresentation is substantiated, a refund will be issued to the buyer. We will provide you with a shipping label to send your item back to the seller within 48 hours of the claim to be eligible for a refund. Until the misrepresentation is substantiated, no refund is guaranteed.

What is covered?

We will issue a full refund if your item does not match the listing description or never ships.Otherwise, all sales are final. Seller of the item will not be issued a refund of their commission and be required to provide an accurate description of their item or remove it from the site.

What is not covered?

Any item that does not fit, or if you changed your mind. The good news is that you can re-list the item on SoSoSwanky and make some, if not all of your money back.

Links to Third Party Sites/Third Party Services

www.sososwanky.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SSS and SSS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SSS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SSS of the site or any association with its operators.

Certain services made available via www.sososwanky.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.sososwanky.com domain, you hereby acknowledge and consent that SSS may share such information and data with any third party with whom SSS has a contractual relationship to provide the requested product, service or functionality on behalf of www.sososwanky.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.sososwanky.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SSS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SSS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SSS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SSS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SSS or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

SSS has no obligation to monitor the Communication Services. However, SSS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SSS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

SSS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SSS’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SSS does not control or endorse the content, messages or information found in any Communication Service and, therefore, SSS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SSS spokespersons, and their views do not necessarily reflect those of SSS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials

Materials Provided to www.sososwanky.com or Posted on Any SSS Web Page

SSS does not claim ownership of the materials you provide to www.sososwanky.com (including feedback and suggestions) or post, upload, input or submit to any SSS Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SSS, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SSS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SSS’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your SSS account to third party accounts. By connecting your SSS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by SSS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SSS Content accessed through www.sososwanky.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless SSS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SSS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SSS in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SSS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOSOSWANKY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SOSOSWANKY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SOSOSWANKY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOSOSWANKY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOSOSWANKY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

SSS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SSS as a result of this agreement or use of the Site. SSS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SSS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SSS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SSS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SSS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to thesame extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

SSS reserves the right, in its sole discretion, to change the Terms under which www.sososwanky.com is offered. The most current version of the Terms will supersede all previous versions. SSS encourages you to periodically review the Terms to stay informed of our updates.

Contact Information

If you have any questions or concerns regarding your order, feel free to contact us! We typically reply within 24 hours.

SoSosWanky

Terms and Conditions