HstockX Terms and Conditions of Use
Last Updated: March 23, 2022
These are the terms and conditions of
use for https://hstockx.com/ ("Site"). The Site is operated by HstockX
LLC of 1046 Woodward Ave, Detroit, MI 48226 USA (“HstockX,” “we,” “us”,
or “our”) and is a live marketplace that allows users to research, buy
and sell certain consumer goods. These Terms and Conditions of Use, our Marketplace FAQs (the
“FAQS”), and all other requirements posted on our websites, all of
which are incorporated into these Terms and Conditions of Use by
reference and as amended from time to time (collectively, “Terms”)
describe the terms and conditions on which we provide our websites (the
“Sites”), services, data, software, applications (including mobile
applications) and tools (collectively “Services”) to you, whether as a
guest or a registered user.
If you reside outside of the United
States certain country-specific terms may apply to you which are set out
in section 30 ("Country-Specific Terms"). The Country-Specific Terms
apply to the United Kingdom, Italy, European countries (including France
and Germany), Japan and South Korea. The Country-Specific Terms will
override the main Terms in the event of any inconsistency between the
two.
In these
Terms, “you” and “your” refer to (a) you, the individual accessing
and/or using the Services, (b) any electronic agent accessing the Sites
and/or using the Services on behalf of an individual or business entity,
and (c) the business entity on whose behalf an individual or electronic
agent is accessing the Sites and/or using the Services.
Your use
of the Sites and Services will be subject to these Terms and by using
them you agree to be bound by them. These Terms create a legal contract
between you and us. Please read them carefully. We will collect and process personal data in accordance with our Privacy Policy https://hstockx.com/.
By
using our Sites and Services, or by clicking to accept these Terms, you
accept and agree to be bound and abide by these Terms in full. If you do
not agree to these Terms, do not use our Sites or any portion of the
Services. For all purposes, the English version of the Terms shall be
the original, binding instrument and understanding of the parties. In
the event of any conflict between the English version of the Terms and
any translation into any other language, the English version shall
prevail and control.
These Terms contain provisions
that govern how claims between you and us are resolved (see Section 14,
Disputes with HstockX below). This includes an obligation to arbitrate
certain claims through binding and final arbitration, unless you opt out
of the arbitration when you sign up with us. Unless you opt out, you
will only be permitted to bring claims against us and seek relief on an
individual basis, not as a plaintiff or class member in any class or
representative action or proceeding, and you will only be permitted to
seek relief (including monetary, injunctive, and declaratory relief) on
an individual basis. As set out in the Country-Specific Terms, this
clause regarding arbitration will not apply to certain countries.
1. Changes to Terms and Policies.
HstockX
may in our discretion change these Terms (including the FAQs or any
policy) at any time, but if we do, we will place a notice on our Site.
We may also send you an email and/or notify you by some other means.
Changes take effect on the date set out in the Terms. You should view
these Terms often to stay informed of any changes that may affect you.
YOUR CONTINUED USE OF THE SITE AND/OR SERVICES AFTER WE CHANGE THESE
TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO
ANY OF THE CHANGES, YOU MUST CANCEL YOUR ACCOUNT AND NOT USE ANY
PORTION OF THE SERVICES.
The
version of these Terms posted on our Sites on each respective date you
visit the Sites will be the Terms applicable to your access and use of
the Services on that date. Our electronically or otherwise properly
stored copies of these Terms and the Privacy Policy shall be deemed to
be the true, complete, valid, and authentic copies of the version of the
Terms and the Privacy Policy that were in force on each respective date
you visited the Sites. We reserve the right to terminate these Terms,
or to refuse, restrict, or discontinue access to or use of the Services
(or any portions, components, or features thereof) to you or any other
person or entity, if you are in breach of the Terms or for any reason or
for no reason whatsoever, at any time, without notice or liability.
2. About HstockX Live Marketplace.
The Site and Services are intended for
use only by persons who are at least 18 years of age. By using the Site
and Services you confirm that you meet this requirement and that, if
you are under the age of 18, you have received permission from your
parent or guardian before using the Site and Services.
HstockX allows third party sellers to
list and sell their products in a live marketplace on the Site and
Services. Sellers' products will be made available for sale on all of
our Sites and mobile applications. Buyers
and sellers must create an account to purchase or sell items on the
HstockX platform (see Section 3). Buyers and sellers can delete or
deactivate their account by following the options available on our FAQ page, as updated from time to time.
-
Matching: Buyer
may place bids, and seller may place asks on the platform for specific
items. If a seller uses the HstockX platform to place an item for a fixed
or minimum price, the seller makes a binding offer to conclude a
contract for this item at this fixed or minimum price. If a buyer uses
the HstockX platform to place a bid offering a fixed or maximum price for
a specific item, the buyer makes a binding offer to conclude a contract
for this item at this fixed or maximum price.
-
Buy now: The
seller may also activate the “buy now” function. If the buyer uses the
“buy now” feature, which will attempt to automatically match a buyer
with a seller at the lowest overall ask price, the contract will be
concluded at the moment where the buyer clicks on the “Buy now” button
and the transaction is successfully completed.
-
Sell now: If the
seller uses the “sell now” feature, which will attempt to automatically
match a seller with a buyer at the highest bid, the contract will be
concluded at the moment where the seller clicks on the “Sell now” button
and the transaction is successfully completed.
In these scenarios the contract is
concluded between buyer and seller under the condition that the
article’s authenticity is approved by HstockX.
A further description of the live marketplace process and the rules applicable to buyers and sellers is available on our FAQ page,
as updated from time to time. While HstockX as the platform provider
helps facilitate transactions that are carried out on the HstockX
platform, HstockX is neither the buyer nor the seller of the seller's
products. HstockX provides a venue for sellers and buyers to negotiate
and complete transactions. Accordingly, the contract formed at the
completion of a sale for these third party products is solely between
the buyer and seller. Although HstockX might provide historical pricing
data to the buyer and seller, we do not set prices for the items and
HstockX is not an auctioneer.
HstockX acts as a commercial agent to
conclude the sale on behalf of each buyer and seller involved in each
transaction. Because sellers set prices, they may be higher than retail
value of the products sold on our Site. Any item valuations displayed
through the Services are estimates only. HstockX does not guarantee that
any item will sell. HstockX reserves the right to investigate complaints
and violations of these Terms and, to the extent permitted by applicable
law, may take any actions we deem appropriate, including suspending a
buyer or seller account and charging your payment method for costs we
incur as a result of the violation. Although the Services are anonymous
and we generally do not share your information with other buyers and
sellers, we may share your information with law enforcement and
professional advisers under an obligation of confidentiality as part of
an investigation related to any alleged violation of law or these Terms
in accordance with our Privacy Policy, and we may respond to all inquiries initiated by law enforcement or other governmental agencies.
The
Services are accessible to certain international sellers and buyers.
HstockX may provide access to certain features and tools to international
sellers and buyers, such as estimated local currency conversion and
integrated international shipping, customs and tax tools. Sellers and
buyers are responsible for complying with all laws and regulations
applicable to the international sale, purchase, and shipment of items.
