Finish My Set Terms of Service

USER AGREEMENT TERMS


Finish My Set can be used by anyone in the United States and Canada who is 18 years or older and has not been restricted from the site by Finish My Set. People under the age of 18 are only permitted to use the site with permission by their legal guardians.

You must register with Finish My Set by providing your real name, address and email address. You are responsible for the confidentiality of your password and restricting other users from using your email.

Finish My Set reserves the right to terminate their agreement with any registered user at any time without prior notification.

Finish My Set sellers can terminate their agreement with Finish My Set by submitting an email to Finish My Set. Finish My Set will remove the seller's inventory within 5 business days of receiving the email request. In this event, Finish My Set sellers must still fulfill any outstanding orders.

All stored information (including seller inventory) on Finish My Set website is the sole property of Finish My Set.

Finish My Set may default shipping/handling charges for sellers. It is the sellers responsibility to review (and change if appropriate) their shipping charges.

Finish My Set IS A VENUE/MARKETPLACE


Finish My Set is a marketplace that brings sellers and buyers together to purchase items. Finish My Set provides the venue for this to occur but is in no way responsible for the delivery, timing and accuracy of the items being sold. Transactions on this site are strictly between the seller and the buyer so Finish My Set will not be liable in anyway for this transaction. Finish My Set does not examine, or set the price of any property offered on the site. Finish My Set is not an agent or representative of any buyer or seller.

Finish My Set provides ways for buyers to contact the seller of an item to resolve any issues they have. If a buyer is unable to get an issue resolved with a seller, see the Buyer Protection Policy below.

Sellers are expected to fill and ship orders within 5 business days of receiving notification that payment has been received from the buyer. If an order is not filled within 10 days, Finish My Set will
There are always the potential for unforeseen circumstances the prevent sellers from shipping orders within the 10 day time-frame. If the seller is blocked from the site, they can contact Finish My Set and appeal their case. Finish My Set can (at their own discretion) restore the sellers inventory and "unblock" their account on Finish My Set.

If the issue in question is resolved between the buyer and the seller of an item results in a refund. Finish My Set deducts this amount from the seller's payment and places this amount in the buyers paypal account. Refunds will be processed and delivered between 2-5 weeks.

If a Paypal refund is requested, normal Paypal fees may apply and is the responsibility of the person who is requesting the refund.

RELEASE AND WAIVER


By using Finish My Set you agree that if you have any issues with another user of the site, you release Finish My Set and it's members from any and all claims, demands, losses and damages (actual and consequential) of any kind of nature whatsoever, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such problem or dispute. If you are a California resident, you waive California Civil Code Section 1452. If you are a resident of a jurisdiction having a statute or common law similar to the California Civil Code Section 1452, you hereby waive that provision to the fullest extent permitted by applicable law. You acknowledge that this release and waiver is an essential and material provision of this agreement, and that Finish My Set would have not allowed you to use the site if you had not agreed to this release and waiver.

RISKS


We do not control or validate the information users post on the Finish My Set site. Some of the information may be misleading or inaccurate. Some users may also use offensive language or other inappropriate language when contacted. You may report misleading or inaccurate information and offensive or inappropriate language to us. Just go to www.FinishMySet.com and click on the "Contact Us".

There are risks in dealing with persons who may be underage or acting with intent to defraud. Recognize that some users of the site may not be trustworthy, and use caution in all of your dealings with other users of the site. By using the site, you accept the risks of doing so, including the risks that buyers and sellers may fail to perform their obligations or otherwise act inappropriate, unethical or unlawful ways, and that you agree that we are not responsible for this acts, behaviors or omissions of users.

USER IDENTITY


We do not confirm each user's identity, and we can't assure you that a buyer or seller you choose to deal with is who he/she claims to be or not involved in fraudulent activity.

TAXES


Finish My Set is not the seller of any of the items listed on the site, and we are not responsible for collecting or remitting any state, federal or local taxes. Sellers are responsible for reporting any and all applicable taxes and must price their products they sell with tax included in the final selling price of the product if necessary.

Finish My Set FIXED PRICE MARKETPLACE


Your Finish My Set shopping cart is a holding place to store inventory until you are ready to check out. Items can stay in your shopping cart indefinitely with regular activity on the site, but are only guaranteed to remain there for up to one week. An item in your shopping cart does not freeze the inventory or freeze the prices of items. While items are in your shopping cart, others can still purchase these items and sellers can change pricing for these items.

Once a shopping cart is checked out and an order is created, this inventory is frozen. This means that the item has been removed from the sellers inventory and the prices are guaranteed.

Finish My Set sellers have the ability to put their inventory "on hold" while they are away or unable to fill orders for a period of time. It is the sole discretion of the seller to determine if their inventory needs to be put on hold depending on the length of time required and the risks they take getting poor feedback from buyers due to delays in shipping items. If sellers want to put their inventory on hold, they must contact Finish My Set at least 3 days in advance of the date. Finish My Set will then put their inventory on hold sometime between the notification date and the date the seller wants their inventory on hold. When the seller is able to again start filling orders, they can contact Finish My Set and we will put their inventory back on line within 3 days of notification.

Finish My Set reserves the right to remove to terminate or suspend any inventory, shopping cart items or orders at any time without prior notification to the seller, bidders or buyers of items listed on Finish My Set.

Finish My Set ISSUE RESOLUTION POLICY


Finish My Set provides an issue resolution policy that attempts to take into account these four items:
  • 1. Provides quick turn-around time to getting issues resolved.
  • 2. Provides a consistent issue resolution policy with our payment vendor(s).
  • 3. Tracks issue history so that sellers can be proactive and prevent potential abusers of the policy from viewing their inventory at their discretion.
  • 4. Tracks issue history so that Finish My Set has the tools to omit a buyer who in our sole discretion has abused the Issue Resolution Policy.

Order Not Received
When a buyer submits an "Order not Received" issue, the seller has three options:
  • 1. Refund the buyer
    When a seller selects the refund option, the order will be adjusted and the buyer is credited the money in their Paypal account.
  • 2. Request an additional 5 days for the order to arrive
    When a seller requests an additional 5 days, the buyer will receive a notice from that buyer via email. A buyer can only submit a request for a refund after those 5 days have lapsed from that correspondence. Then the buyer must submit a request for a refund within the next 5 days or the order will be assumed to be received and no refund will be provided.
  • 3. Submit Delivery Confirmation
    The buyer and seller communicate with Finish My Set and confirm that the seller has delivered and buyer recieved the order.
If the seller fails to respond to an open issue after 5 days, the buyer will automatically receive a refund for the missing order.

Order Not as Described
When a buyer submits an "Order Not as Described" issue, the buyer and seller will receive an email with each others contact information. The seller should then use this contact information to communicate with the buyer to attempt to resolve the issue. If the two sides can not come to an agreement, Finish My Set will require the seller to provide a full refund (including the portion of the shipping costs) after the buyer returns the items(s) at their cost.

If the seller fails to respond to an open issue after 5 days, the buyer will automatically receive a refund for the settlement offer requested by the buyer.

COPYRIGHTS AND TRADEMARKS


All trademarks not owned by Finish My Set that appear on the web site are property of their respective owners. Except as otherwise expressly permitted under copyright law, you may not copy, distribute, transmit, publish or otherwise use any of the copyrighted material or trademarks in violation of applicable law without the express prior written consent of the trademark, copyright or other proprietary rights owner. You also may not post or otherwise make available on the web site any material unless you have the full legal right to do so, including the consent of any copyright, trademark or other proprietary rights owner. By posting or otherwise submitting any material to any area of the web site, including but not limited to auction titles/descriptions, set names and item descriptions, you represent and warrant to Finish My Set that you have the full legal right to do so, and you automatically grant to Finish My Set (or warrant that the owner of the copyright, trademark or other proprietary rights has granted to Finish My Set) a royalty-free, perpetual, irrevocable, license to use, reproduce, modify, publish, and distribute that material in any other form, media or technology now known or hereafter developed, for marketing, promotion, display and other purposes related to Finish My Set.

COPYRIGHT/TRADEMARK INFRINGEMENT


Finish My Set does not undertake any responsibility to attempt to monitor the web site for potential infringement of third parties' intellectual property rights. Finish My Set is not liable for any infringement of copyrights, trademarks or other proprietary or intellectual property rights arising out of material posted on or transmitted through the web site or items listed or sold on the web site by buyers, sellers or independent partners or affiliates. If you believe that your rights under United States or international copyright, trademark or other laws are being violated by any materials posted on or transmitted through the web site, contact us promptly by using the “Contact Us” link on FinishMySet.com. Finish My Set will investigate the situation and if appropriate, remove the offending material or items. It is our policy to disable access to infringing materials, and to terminate access of the infringer to the web site.

In order for us to investigate your claim of infringement, you must provide Finish My Set with the following information. Once you have contacted Finish My Set we will ask for more detailed information including, but not limited to:
  • 1. A description of the copyrighted work or other intellectual property that you believe has been infringed
  • 2. Where the material that you claim is infringing is located on the web site
  • 3. Your contact information
  • 4. A physical signature of a person(s) authorized to act on behalf of the owner of the copyright/trademark

BUYER PROTECTION POLICY


Overview: Finish My Set Buyer Protection Policy is meant to help provide protection for buyers when purchasing items from one of Finish My Set's sellers. Once a claim is filed, Finish My Set will act as a mediator to resolve the issue. Finish My Set will collect data from both the buyer and seller and make a determination of correct resolution. If the seller fails to comply with the final decision, Finish My Set will reimburse the buyer for the predetermined amount.

This policy only applies to items not received or items that are determined as "significantly not as described". An item is "significantly not as described" if the seller clearly misrepresented the details of the item in a way that it greatly affects its value.

Before contacting Finish My Set, the buyer should first go through the normal Issue Resolution process to resolve the issue.

Eligibility
Buyer complaints must be filed with Finish My Set within 60 days of payment. If your claim is determined as justified by Finish My Set, recovery of your claim is guaranteed by Finish My Set up to the protection levels provided.

Buyers are limited to one claim per calendar year and three total claims.

Filing a Claim
Before filing a claim, you should contact the seller through the issue resolution process provided by Finish My Set. if you are unable to resolve the dispute in this manner, you can file a claim with Finish My Set. You can contact Finish My Set directly by going to www.FinishMySet.com and clicking on the "Contact Us" link.

Finish My Set will contact both the seller and buyer to investigate the claim. If the claim involves non-delivery of goods, the seller must present appropriate proof of delivery to the buyer’s specified address. If the claim involves items that are not as described, Finish My Set may ask the buyer to provide proof of this. This proof may include pictures or scans of the item and/or shipment of the item directly to Finish My Set. If the claim is granted, Finish My Set will seek to collect from the seller. If the seller refuses to comply, Finish My Set will cover the determined amount. Finish My Set reserves the right to remove sellers from selling on Finish My Set in the future if they do not comply with Finish My Set resolution.

All costs (including shipping costs) due to the investigation and resolution a claim is the responsibility of the buyer and seller. Refunds as a result of a granted claim will be placed in the buyers Paypal account.

PAYMENT METHODS


Finish My Set allows for payment of items by using Paypal. All payments must be in US Dollars. Orders paid via Paypal through the check out process will automatically send your order identification number.

Underpayments due to invalid amounts sent via Paypal will result in your order not being processed.

Payment will be made monthly to all Sellers. All Sellers must accept Paypal payment. All payments to sellers and refunds to buyers will be in US Dollars.

RESERVATION OF RIGHTS


Finish My Set retains the right, but without any obligation, to terminate or suspend any listing, terminate or suspend any registration, terminate or suspend any sale, prevent or restrict access to the site, or take any other action we consider appropriate in the case of technical problems, material we consider, in our sole and absolute discretion, to be objectionable for any reason whatsoever or for no reason, inaccurate listings, inappropriately listed items, unlawful items, suspicious circumstances, information we receive from 3rd parties or otherwise, at any time, in each case in our sole and absolute discretion, for any reason or for no reason at all, and without any notice to you or any person. We also retain the right to change or discontinue any or all features of the site, at any time and without notice to you or any person.

COMPLIANCE OF LAWS


You agree to comply with all applicable laws, rules and regulations relating in any way to your use of Finish My Set, including your listing, sale of items, and purchasing items. You may not register under or use a false name. You may not impersonate another person or use another user's password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. We may report any conduct we consider illegal to law enforcement agencies, and we will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law.

LINKS


Finish My Set is not responsible for the content of any sites that may be linked to or from Finish My Set. Any other site accessed to or from Finish My Set is independent from us, and we have no control over the content of those websites. Any links to or from Finish My Set does not imply that we endorse or accept any responsibility for the content or use of such other websites.

RESTRICTIONS ON CONDUCT


In addition to other restrictions on conduct set forth in this agreement, you agree to use the site for its intended purpose, and not to use it for advertising products or services for purchases or sales outside of Finish My Set. Any information obtained from Finish My Set (including email addresses, mailing addresses, etc) used in an attempt to advertise products or services outside of Finish My Set is prohibited. Furthermore, you agree to use this site for lawful purposes online. You are prohibited from posting on or transmitting through the site any unlawful, harmful, threatening, abusive, and sexually explicit or racially means. Removal of registration and/or listings on Finish My Set will occur at our sole discretion for violations of this type of conduct.

DISCLAIMER AND LIMITATIONS OF LIABILITY


Finish My Set is provided on an "AS IS" available basis. Finish My Set and its members do not warrant that the use of this site will be uninterrupted, secure, adequate for your purposes or error-free. Finish My Set and its associates do not warrant the stability of the system or the prevention of loss of data or information on the site. You expressly agree that the use of the site is at you sole risk.
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