What are ReCapturit's general Terms & Conditions?

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.recapturit.com website and the ReCapturit® mobile application (together, or individually, the "Service") operated by Recaptured Building Materials Marketplace LLC, D/B/A ReCapturit ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.  On the ReCapturit marketplace, a "Seller” is a subscribed entity, an individual or business or organization.  Creating a Seller account on ReCapturit will open a Seller "Store” where multiple products can be sold.  On the ReCapturit marketplace, a "Buyer” is a visitor, guest, client, customer or shopper on the website, whether he/she purchases anything or not.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

By creating an Account on the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, CVV or CVC code, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.  This provision extends to Sellers on the Service.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.  This provision extends to Buyers and Sellers on the Service.  If Buyer fraud has occurred the Service will help the Seller obtain information about the case and any potential solution.  The sole remedy for the Seller will be the remedy offered by the credit card company to the Service, at the time offered.  Under no circumstances will the Service be liable for fraud that may occur on the Service.  Sellers and Buyers accept this risk unconditionally.

 

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

 

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.  Subscription levels are outlined in the Seller account setup process.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, by credit card or other approved method, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including your full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.  

 

We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to modify the terms and conditions of the Free Trial offer or cancel such Free Trial offer.

 

We may hire "Third Party” businesses or entities to provide products and or perform services.  Seller will be required to establish accounts with Third Parties directly to conduct business on the Service (i.e. payment processing, shipping application, etc.).  Refer to other sections of this document for relevant Third Party information.  You must also read any Third Party Terms and Conditions that may be applicable.

 

A "Fee” is a charge incurred for any service.   Services include but are not limited to Subscription, Commission, Advertising, Transaction, Shipping, and certain fees incurred by use of Third Party services.

Fees: Fees are non-refundable unless specified in these Terms and Conditions or when required by law.

 

Commissions: Commissions are non-refundable unless specified in these Terms and Conditions or when required by law.

 

Items purchased will not be released for shipment until payment in full has been received.

We, in our sole discretion and at any time, may modify any Fees for the Subscriptions, Commissions or other Services. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

We will provide you with a reasonable prior notice of any change in Fees to give you an opportunity to terminate your Services before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

You are responsible for all of your expenses in connection with your use of the Service. You authorize us and our Third Parties to access credit reports about you and verify your information. All payments to you will be remitted to your bank account through a banking network or by other means specified by us.  Payment to Sellers will be processed weekly or on another payment schedule as determined by the Service.  Payment to Third Parties will be processed on a payment schedule to be determined by separate agreements.

 

In any event where we decide that your actions may result in claims, returns, chargebacks, disputes, violations of our terms or policies, or other risks to us or Third Parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to us or Third Parties persist.   

 

In general, all sales are final on the Service except where required by law. This applies to all Seller Stores on the Service, unless stated specifically by a Seller in its own policies, as stated in that section of any Seller Store on the Services.  Please read the individual policies in each Seller Store before transacting a purchase.

 

We do not own, store nor ship any products sold via the Service marketplace. All Seller Stores on the Service marketplace are responsible for setting, having, and posting a "Returns, Refunds and Exchanges Policy.” Please read those policies prior to purchasing anything from a Seller Store on the Services marketplace. 

 

We set guidelines and encourage our Sellers to make sure that item descriptions and photographs accurately describe items so that our Buyers know what they’re getting before they place their order. The items offered are sold as-is, where-is. They’re often one of a kind, with their own unique set of beauty marks acquired from years of use.

 

Individual Sellers will determine if they will accept returns of product/s purchased and refund any other associated costs, like shipping, fees, commissions, or taxes. Sellers are not required to accept a return or exchange unless stated in their store policies.  If the Seller is willing to accept the return Buyer and the Seller must settle these details through direct Buyer-Seller messaging. In the event that a Seller opts to provide a refund to a Buyer, the Seller is solely responsible to provide that refund through its own means, not through the original form of payment.  Seller may choose to refund Fees, Commissions, Shipping, Taxes and/or other associated fees at Seller’s sole expense.  Seller is liable for all charges disputed by the Buyer with their credit card company.  Service may charge Seller for any transaction that is disputed by the Buyer, and Service will charge Seller all applicable costs until the dispute is resolved.  Seller is solely responsible to request and obtain any tax adjustments from any tax authorities.

 

In the unlikely event that the item you received did not match the online description or photographs depicting the item, or was the wrong item entirely, and, you attempted to resolve the issue with the Seller, but that did not result in your satisfaction, you may reach out directly to us and we will work with you and the Seller Store on the Service to resolve the issue.

Ultimately, we want you to be pleased with your purchase and experience.

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content").  Seller may re-direct one and only one exclusive business website domain (URL) to their own ReCapturit Seller Store.  You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to use any images posted on our site for any use.  We reserve the right to terminate the account of anyone found to be infringing any copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the perpetual, royalty-free, world wide right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service or any other medium reasonably related to the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We have the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of us or is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

If you are a Seller, you assume full responsibility for accuracy of product Content listing.  If you are a Buyer, you are responsible for conducting your own due diligence and you assume full responsibility for verification that a product is going to be acceptable prior to purchase. You acknowledge that all Products sold through our Service are used, recycled, discontinued, and/or repurposed and sold As-Is, Where-Is.  If you are a Buyer, you acknowledge that Products purchased do not necessarily meet original manufacturer specifications, dimensions, color, finish and other design criteria. Condition of Products sold will be variable and may not be visible in the photographs or fully described in the content of the product listing.  You assume the full risk regarding the condition of the Products and use of these Products on a specific project or for any use.

Products or materials that are manufactured or re-manufactured from used or salvaged building products or building materials may be sold on the Service but must be designated as such with correct descriptive categorization and written description to identify that the item(s) is not made of entirely new or virgin materials. 

If you are a Seller and you misrepresent the origin of an item anywhere in the publicly-visible wording of the item, particularly in the "Story of Origin" - intentionally or otherwise - this is grounds for permanent removal from the marketplace. If you are a Seller and were led to believe that the item(s) were from a particular origin, and that information was discovered to be false, then you have one opportunity to correct that error: by offering a complete refund to the Buyer(s) (including freight out and back) for any such item(s) already sold; plus, correcting the "Story of Origin" information on any and all affected items that are listed on your Seller's store (or anywhere in the Service marketplace), and issuing a statement on any affected item stating that it had been previously misrepresented in that item's "Story of Origin" and that since the item's true origin can no longer be stated knowingly and truthfully, the value of the item may change as a result (generally leading to a devaluation of the price of the item). Disputes surrounding origins of items are not our responsibility and we may not be held liable for any perceived diminishment of value or for items being returned, or for any refund of payment made for incorrectly identified items. This is the responsibility of you as the Seller.

 

If you are the Buyer, you have the option to hire an independent local inspector prior to purchase to perform due diligence on the Product/s and verify the condition at your own expense and risk.

 

We will, in our sole discretion, determine what is permitted to be sold on the Service.  Examples of Products and materials permitted are (not all inclusive):

1.Anything normally built into or permanently installed in buildings and real property (landscape).

2.This includes items never previously sold to end user (over-produced, factory seconds, discontinued), plus salvaged, demolished, discarded, or repurposed, up-cycled, or made entirely or mostly (80% by weight) of salvaged and reused building materials.

3.This can and does include furniture, lighting, plumbing, even artwork

 

We will, in our sole discretion, determine what is not permitted to be sold on the Service.  Products or materials that may harm people, animals or property are not permitted to be sold on the Service. Examples of Products and materials not permitted are (not all inclusive):

1.Products or materials not legally able to be sold in the location of origin or destination.

2.Products or materials that contain or may contain Freon. 

3.Products or materials that contain or may contain asbestos.

4.Products or materials that contain or may contain lead paint are not allowed unless they have a disclosure in the Product description and have bold, bright stickers on them stating "WARNING: POTENTIAL HEALTH HAZARD - THIS ITEM MAY HAVE PAINT THAT CONTAINS LEAD!"

5.No items with mold or other evident biologicals (lichens, algae, etc.) may be sold or shipped via the Service marketplace.

 

You acknowledge that all Products sold through the Service are sold As-Is, Where-Is, without an explicit or implied warranty, warranty of merchantability, or guarantee of any sort.   We cannot guarantee suitability for purpose, operability, serviceability, safety, or OEM specifications of any Products.  In addition, if you are the Buyer, then you assume all responsibility for shipping arrangements and delivery dates.  Shipment delivery dates provided on our site or on third party service provider sites are approximate and not guaranteed.

 

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

If you are a Seller, you may need a business license to sell on the Service. Check local laws, as this is your responsibility.

To use the Services you will be required to complete our enrollment process. Enrollment is limited to parties that can lawfully enter into form contracts under applicable law. To enroll, you will be required to provide us with your legal name (or business name), address, phone number, email address and any other information we request. Personal data provided will be handled in accordance with our Privacy Policy provided below.  You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

 

The Service may contain links to third party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to non-payment of fees or any other breach of the Terms.

If you wish to terminate your account, you must contact us and initiate the termination process by messaging customer service on our Contact Us feature.  If you are a Seller, you will continue to be charged until the end of the current billing period.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

You agree to defend, indemnify and hold harmless us and our licensee and licensors, and our shareholders, members, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

 

In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Products and materials purchased on the Services will only be shipped to an address in the USA.  If you are a Seller, you will not directly or indirectly export, transmit or re-export any good purchased on our Services to any country outside the USA. If you are a Buyer, you are responsible for compliance with all US Government and all other applicable laws.

 

You agree, that you will be responsible for the collection, reporting, and payment of any and all of your own taxes, except to the extent that (i) we automatically calculate, collect, or remit taxes on your behalf according to applicable law; or (ii) we expressly agree to receive taxes or other transaction-based charges on your behalf in connection with tax calculation services made available by us (and our third party providers) and used by you. You agree to and will comply with any and all of our tax policies.

In the event you, as a Buyer, use the Services to make a non-taxable purchase you must have a valid tax exemption certificate for the jurisdiction where the goods are purchased and to be installed in a project. If you are a Buyer, you must upload, and update, applicable tax exemption certificate/s on the Service in order to make tax exempt purchases. If you are a Buyer, you assume all risk for the accuracy and validity of any such tax exemption certificates.

All fees and payments payable by you to us under these Terms or the applicable Service Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying us any of your taxes imposed on such fees and any deduction or withholding required on any payment. 

 

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We, our partners, affiliates and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

These Terms shall be governed and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or any other rights or provisions. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding your use of the Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

If you are not satisfied with the Service please contact us first so that we may try to resolve the issue before initiating this dispute process.  Your use of the Services indicates agreement with all Terms and Condition herein.  These Terms and Conditions shall prevail over any others.

You agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, administered by the American Arbitration Association (the "AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect, unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you are waiving the right to trial by jury and the right to participate in a class action or class arbitration. Notwithstanding the foregoing, we shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.   The cost of dispute resolution, including attorneys’ fees, shall be paid in full by the non-prevailing party.

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Both parties are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. These Terms will not create an exclusive relationship between you and us.

 

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control of whatever nature and by whatever cause.

 

We will communicate announcements of general interest by email or by posting on the Service. We will provide you with legal notices by email, mail, or courier to the address provided by Customer. Customer shall immediately notify ReCapturit if Customer’s address for notice changes. Except as otherwise specified in the Terms, all notices to us must be in writing, with account notices sent to contact@recapturit.com and legal notices sent to contact@recapturit.com.

 

Any provision of the Terms determined to be invalid or unenforceable by any court, then to the fullest extent permitted by law, that provision will be deemed modified to the extent necessary to make it enforceable and consistent with our original intent and all other provisions of the Terms will remain in full force and effect.

 

You shall not issue any public statement regarding us or these Terms without our prior written consent. Unless a Party has specifically notified the other Party to the contrary in writing, either Party may not include the name or logo of the other Party or its Affiliates in lists of customers or vendors.

 

You may not assign the Terms without our consent. We may assign the Terms to an entity that acquires all or substantially all of our assets or that is an affiliate. This Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns.

 

This Code of Conduct policy requires that all parties using the Services act fairly and honestly while conducting business on the Service to ensure a safe buying and selling experience. All Sellers must:

•Provide accurate information to us and our customers at all times; 

•Act fairly and not misuse the Services features or services; 

•Not attempt to damage or abuse other Sellers, their listings or ratings; 

•Not attempt to influence customers’ ratings, feedback, and reviews; 

•Not send unsolicited or inappropriate communications; 

•Not contact other users except through Buyer-Seller Messaging; and

•Not attempt to circumvent the Service’s sales process (the selling or buying of products or services on ReCapturit.com). 

•If a Buyer has opted into tax exempt status, they may not make personal purchases on that account to evade payment of taxes.  Buyers may have business and personal accounts as needed for this reason.

 

Violating the Code of Conduct or any other of our policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. More details about these policies are below.

 

You must provide accurate information to us and our customers, and update the information if it changes. False account information is prohibited.  For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category.

 

You must act fairly and lawfully and may not misuse any service provided by us. Examples of unfair activities include:

•Providing misleading or inappropriate information to us or our customers, such as by creating multiple detail pages for the same product or posting offensive product images; 

•Manipulating sales rank (such as by accepting fake orders or orders that you have paid for) or making claims about sales rank in product titles or descriptions;

•Attempting to increase the price of a product after an order is confirmed; 

•Artificially inflating web traffic (using bots or paying for clicks, for example); 

•Attempting to damage another Seller, their listings or ratings; or 

•Allowing other people to act on your behalf in a way that violates our policies or your agreement with us. 

 

You may not attempt to influence or inflate customers’ ratings, feedback, and reviews. You may request feedback and reviews from your own customers in a neutral manner, but may not:

•Pay for or offer an incentive (such as coupons or free products) in exchange for providing or removing feedback or reviews; 

•Ask customers to write only positive reviews or ask them to remove or change a review; 

•Solicit reviews only from customers who had a positive experience; or 

•Review your own products or a competitors’ products. 

 

You may not send unsolicited or inappropriate messages. All communications to customers must be sent through Buyer-Seller Messaging and be necessary for fulfilling the order or providing customer services. Marketing communications are prohibited.

 

If you receive customer information such as addresses or phone numbers to fulfill orders, you may use that information only to fulfill orders and must delete it after the order has been processed. You may not use customer information to contact customers (except through Buyer-Seller Messaging) or share it with any third-party.

 

You may not attempt to circumvent the Service’s sales process or divert our customers to another website, business, organization or individual. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere. 

 

You may not operate multiple Selling accounts on the Service unless you have received permission from us and have a legitimate business need for more than one Buyer and one Seller account.

 

If you have any questions about these Terms, please email us at contact@recapturit.com.  Our mailing address is:  ReCapturit, 7511 Greenwood Ave N., #512, Seattle, WA 98103-4627