How it Works & Protection Policy
MarketPlace Terms & Conditions

Last Modified: January 14, 2016

(c)2011, 2013 Localpad Inc

All rights reserved

Marketplace Terms & Conditions

LocalPad Inc ("Company", "we" or "us") provides a virtual venue for Sellers and Buyers to transact ("Marketplace Service"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Marketplace Terms & Conditions"), govern your access to and use of this Marketplace. If you choose to use the Marketplace Service to buy or sell an item on our Site, any information you provide in connection with your listing is considered User Contributions and subject to these Terms.

  1. You agree to accurately and truthfully describe your item.
  2. You agree that when listing an item on our Site, your listing will be posted on our Site to be viewed by users and members.
  3. You grant us the right to review your listing prior to posting it, to refuse to post your listing, and to end your listing for any reason
  4. You agree that your listing may not be immediately searchable after you list it.
  5. You agree that when your listing appears in a search or browser result, it may be based upon specific aspects of your listing, including, but not limited to, format, title, hash-tag, keyword, price and shipping cost, feedback, and/or Seller rating.
  6. You must be able to legally permitted to sell any item you list for sale on our Site, able to form legally binding contracts, and you agree to abide by all applicable laws relating to the sale if your item.
  7. You agree to read our Prohibited and Restricted Items Policy and to fully abide by the policy prior to listing any item on our Site.
  8. Making a purchase constitutes entering into a binding legal contract with the Seller. You agree that you will complete the purchase of the item pursuant to the terms Seller has listed in the listing, including, but not limited to, payment method, return shipping policy, and refundable policy.
  9. All payments for items purchased on the Site shall be remitted to the Seller. You agree that you will not purchase any item unless the transfer and transport of that item to you can be done in accordance with all Legal Requirements.
  10. You represent and warrant that you are engaging in transactions only for your own account and not for the benefit of any third party.
THIS WEBSITE OFFERS AN AUCTION VENUE SERVICE BUT IT IS NOT AN AUCTIONEER. WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN BUYERS AND SELLERS AND DO NOT TRANSFER LEGAL OWNERSHIP OF ITEMS FROM THE SELLER TO THE BUYER. WE HAVE NO CONTROL OVER, AND DO NOT GUARANTEE, THE QUALITY, SAFETY OR LEGALITY OF THE ITEMS ADVERTISED OR OFFERED BY USERS, THE TRUTH OR ACCURACY OF USER CONTENT, INCLUDING USERS' LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO BUY ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION, DELIVERY, PAYMENT OR RETURN AN ITEM.

BY LISTING AN ITEM FOR SALE OR AGREEING TO PURCHASE AN ITEM, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL COMPLY WITH THE TERMS AND CONDITIONS OF SALE, INCLUDING PAYMENT, RETURN AND REFUND POLICIES, STATED IN THE ITEM'S DESCRIPTION, LISTING OR OTHER WRITTEN COMMUNICATIONS IN CONNECTION WITH ANY SALE, SO LONG AS THOSE CONDITIONS OF SALE ARE NOT IN VIOLATION OF THIS AGREEMENT OR UNLAWFUL. WE ARE NOT LIABLE FOR ANY CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

LocalPad Inc. Prohibited and Restricted Items Policy

This LocalPad Inc. ("Company" or "We") policy provides a list of items that are NOT to be listed for sale or displayed as collections on www.LocalPad.com (our "Website").

All users who sell on LocalPad.com must follow local state, federal, or international laws, which are inclusive of any restrictions on shipping for your items.

Although some items listed below may be deemed legal, we do not allow selling or exhibiting them as an internal policy. We reserve the right to remove any items from the site we view as inappropriate.

The following items below are NOT to be listed for sale or displayed as collections on www.LocalPad.com:

  1. Child pornography, obscene materials or any materials that promote violence, hate or discrimination against oneself or another person, including items that endorse hate organizations, are strictly prohibited.
  2. Weapons and related items, including firearms, ammunition, silencers, pellet/BB guns, tear gas or stun guns may not be listed for sale on Pricey Tag. Weapons or related items that were legally obtained and are legally owned may be displayed in collections.
  3. Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
  4. Food stamps, WIC vouchers, SNAP EBT cards, SNAP or WIC foods, infant formula, etc. and other items received from governmental agencies or programs.
  5. Fireworks, including "safe and sane" fireworks or any destructive devices or explosives may not be listed for sale. Such items that were legally obtained and are legally owned may be displayed in collections.
  6. Alcohol or tobacco products may not be listed for sale but may be displayed in collections. Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia are prohibited.
  7. Prescription drugs and medical devices, including prescription or contact lenses, defibrillators, hypodermic needles or hearing aids. Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
  8. Blood, bodily fluids or body parts.
  9. Illegal telecommunications equipment, including access cards, signal jamming devices, password sniffers, unloopers, or cable descramblers.
  10. Stolen property, or property with serial number removed or altered. Burglary tools, including lock-picks or motor vehicle master keys.
  11. False identification cards, items with police insignia, citizenship documents, birth certificates less than 100 years old or other government documentation less than 100 years old are not allowed.
  12. Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them. Counterfeit, replica, or knock-off brand name goods are prohibited unless listings clearly state that they are not authentic. Material that infringes copyright is prohibited.
  13. Tickets, coupons or gift cards may be displayed in collections but may not be listed for sale. Lottery tickets, sports trading card 'grab bags', raffle tickets, sweepstakes entries, slot machines, other gambling items are prohibited.
  14. Used or rebuilt batteries, or batteries containing mercury.
  15. Used bedding and clothing, unless sanitized in accordance with law.
  16. Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.

Mechanism of Marketplace

Buyers : Buying & Paying

Buyers buy and pay online. Notes for Buyers:

a) Cancellation can be done anytime until the item is shipped. Seller may require a restocking fee for custom orders.

b) If the item has shipped and Seller rejects the cancel request, then Buyer should wait to receive the item shipment and then proceed to initiate a return. Unless otherwise noted, Buyer pays for return shipping.

c) If the Seller has not shipped the item within promised time (noted as 'Handling Time' on the post), the Buyer has the right to cancel the purchase and the purchase will automatically be cancelled and refunded if Seller fails to ship the item and provide tracking information within next 24 hours.

d) Buyer should provide correct shipping address when making the purchase and monitor the item page for shipping updates from Seller.

Sellers : Confirming Payment & Shipping

The Seller will be kept updated of any action required via Seller's registered email address as well as notes under Manage Tab of the item page. When Seller is informed that a payment has been made for an item, Seller shall visit the listing and note down Buyer's shipping address and other instructions provided by the Buyer for delivery of the item. Seller shall ship the item and provide tracking details on the item page, within promised 'Handling Time'.

a) Ship item only to the address provided during checkout process. Do not ship to any other address that buyer requests you to in email or phone. Failure to do so will void LocaLPad's as well as Payment Gateway's (e.g. Paypal) seller protection in the event Buyer disputes the purchase.

b) In case Buyer requests to cancel a purchase, Seller is required to cancel the purchase if the item has not shipped. Seller can demand a restocking fee only if it was a custom order, cancelling which causes significant loss to Seller.

c) If Seller has not shipped the item within 'Handling Time' window, Buyer has a right to cancel the order for full refund. Purchase will automatically be cancelled and refunded if Seller fails to ship and provide tracking information within next 24 hours.

d) In the event of a dispute, LocaLPad can rule in favor of Buyer and ask Seller to refund the Buyer. Seller agrees to comply with these requests. Seller also authorizes LocaLPad to automatically initiate refunds for Cancelled/Returned purchases.

Ratings

Various ratings for Buyers and Sellers exist which are automatically generated by system. The response rating is calculated from how prompt the Seller is in responding to emails received. The Value of Goods sold rating is a measure of trading done by a seller. Unless otherwise provided in the following scenarios, the feedback rating is by default positive for Buyers and Sellers. The Buyer's rating for Seller can be changed later by the Buyer.

Return Policy

Situation Return Window Return Shipping
Item damaged or not as describedGreater of window specified by seller or 14 Days*Paid by seller
Any other reason which is not seller's faultWindow specified by seller*Paid by buyer

* Exceptions: For holiday wear (e.g. Halloween Costumes) any returns (damaged or otherwise) must be shipped before the holiday. Items must be unworn with original tags and packing. Returns after the holiday will require 50% restocking fee.


LocaLPad Protection

Buyers & Sellers are protected on LocaLPad platform at various points - from purchase to accuracy of shipped products to returns and refunds. We ensure your safety with a 3 point safety system build on Ratings (of trading parties), Returns (as mutually agreed) and Reversal (of inaccurate listings). Read on to understand full terms & conditions.

Buyer Protection

LocalPad provides the Buyers monetary protection against losses from disputes on Marketplace subject to following terms and conditions.

a) The Seller shall be directed to refund the entire sale price including any tax and shipping costs when a Buyer does not receive the item as described in the marketplace listing and LocaLPad confirms the claim of the Buyer. If Seller does not comply with the direction, LocaLPad can block the Seller from its platform and may take further legal action.

b) LocaLPad is authorized to claw money back from Seller and refund it to Buyer. In rare instances where Seller blocks LocaLPad from making such refund, Buyer can request a cancellation from the Payment Gateway (PayPal/ Credit Card), since most Payment Gateways have similar provisions for Buyer protection. Furthermore LocaLPad shall give a statement in support of Buyer which may help the Buyer prove their case and recover the money by reversing the transaction. However, in such cases, LocaLPad cannot make any representation that these agencies will reverse the transaction. In such cases, LocaLPad insurance will be used to compensate the Buyer.

c) In cases where we believe the legitimacy of the claim of the Buyer to the refund and the payment agencies mentioned above do not reverse the transaction, and the Buyer has a positive track record on LocaLPad Marketplace, LocaLPad may reimburse the Buyer from its own account, but such payment will not exceed the lowest of these: (i) $500 (ii) 50% of the total value of goods purchased by Buyer in previous two (2) years, excluding the purchase in question (iii) 50% of the largest purchase of the Buyer in the previous two (2) years, excluding the purchase in question.

d) Additionally most payment gateways, such as PayPal, have their own purchase protection if the Buyer is an account holder of the same. See here

Seller Protection

LocalPad provides the Sellers monetary protection against losses from disputes on Marketplace subject to following terms and conditions.

a) Seller is required to send all items with tracking number. Seller is required to send items valued over $150 with 'Recipient Signature Required' selected on the shipping service.

b) In the event, the Buyer makes claim that the item has not been received, LocalPad will decide in the favor of the Seller if the Seller is in good standing and the carrier verifies the delivery substantiated by the true copy of the delivery receipt if the value of the item is up to $150 or a delivery receipt signed by the recipient if the item is valued at over $150.

c) We require the Seller to return the item and refund Buyer where the Buyer claims that the item is not as described by the Seller in the Marketplace listing. Return shipment cost will be the responsibility of the Seller. However if seller does not want to refund, we, in our sole discretion, will determine if Buyer's complaint is genuine by reviewing the Buyer's past record of complaints. If the Buyer does not have a track record of false complaints, we will generally support the claim of the Buyer and the Seller will have to return the item. Similarly, if we find that the Buyer habitually engages in the behavior of making complaints, we will, in our sole discretion, side with the Seller.

d) We recommend Sellers to return the item within the return window, if Buyer has changed mind, ordered wrong item or any other reason that was not Seller's mistake. Return shipment cost will be the responsibility of the Buyer in such cases.

e) Where Seller has agreed to return and the Seller claims that Buyer has not sent the item to be returned to the Seller, then the Buyer may prove the shipment by showing the tracking number and carrier's receipt showing the same has been delivered if the value of the item is up to $150 or a receipt signed by the recipient if the item is valued at over $150.

f) Where Seller has agreed to return and the Seller claims that the item returned by the Buyer is not the same item originally sold by the Seller, the matter will be treated similar to the foregoing rules as (c)will apply such as we will assume that Buyer has sent the correct item back, unless the Buyer has a track record of similar complaints in which case we will accept the Seller's version.

g) In the event, we side with the Seller and the Buyer proceeds to lodge a complaint directly with the payment agencies such as PayPal/Credit Card to reverse the transaction, LocaLPad will provide a statement in support of Seller which they can use to cancel the reversal.

h) In rare cases where payment agency mentioned above does not agree with the Seller and the reversal of the transaction takes place whereby Seller loses money, LocaLPad may, in its sole discretion, may compensate the Seller from its own account, but such payment will not exceed the lowest of these: (i) $500 (ii) 50% of Seller's total sales in the previous two (2) years, excluding the sale in question (iii) 50% of Seller's largest sale in the previous two (2) years, excluding the sale in question.

Limitations to Protection

a) LocalPad does not process payments. As a result, WE DO NOT PROVIDE REFUNDS. All transactions are between the Buyers and Sellers.

b) LocalPad does not endorse any transaction, details of the transaction (including those of goods and services), nor is responsible for any breaches in contract between the Buyer and Seller. We encourage users to look at the other party's ratings, which may be posted on our Site.

c) In the event LocalPad mediates in disputes involving buyers and Sellers, LocaLPad may accept the version of one party to the dispute and ask another party to pay/refund the amounts involved in the transaction or use its authorization over Seller's account to initiate a refund itself.

d) Due to lack of evidence in online transactions, LocaLPad recognizes the challenges of definitively establishing fault in disputes. Buyers and Seller shall therefore understand that when we accept the version of one party to the dispute, it does not imply a fault on part of the other party. Such decisions are solely based on predefined criteria detailed in 'LocaLPad Buyer and Seller Protection Policy' and an examination of the prior track record of both the parties on LocaLPad's marketplace. By engaging in trading on LocaLPad's marketplace, Buyers and Sellers agree to comply with any mediation decisions made by LocaLPad and agree to satisfy any claims arising from these decisions.

e) In case a Buyer or Seller refuses to comply with LocaLPad's mediation, LocaLPad's role will only be limited to giving a statement in support of the creditor. The creditor may use this statement to pursue a collection or claim moneys back from payment agencies such as Paypal/Credit Card. In rare cases LocaLPad may at its sole discretion reimburse a Buyer or Seller with its own money in accordance with terms and conditions laid out in 'LocaLPad Buyer and Seller Protection Policy'.

f) In case a Buyer or Seller refuses to comply with LocaLPad's mediation, LocaLPad may suspend and/or remove the account of the concerned party and may take further legal action to recover losses.

Your Comments and Concerns

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1521 Concord Pike STE 303, Wilmington, DE 19803.

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