Terms and Conditions

This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which SHIBSHOP.COM offers you access to and use of our Services. You can find an overview of our policies here. The Mobile Application Terms of Use, all policies and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: SHIBSHOP.COM, based in, San Francisco, CA 94141 and, additionally, in varying locations around the world. Together, SHIBSHOP.COM, San Francisco, and SHIBSHOP.COM, Worldwide, therefore, in this User Agreement, these entities are individually and collectively referred to as "SHIBSHOP.COM," "we," or "us."

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

SHIBSHOP.COM is a marketplace that allows users to offer, sell and buy goods and services in various geographic locations using a variety of pricing formats. SHIBSHOP.COM is not a party to contracts for sale between third-party sellers and buyers, nor is SHIBSHOP.COM a traditional auctioneer.

Any guidance SHIBSHOP.COM provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, SHIBSHOP.COM has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
• fail to pay for items purchased by you, unless you have a valid reason as set out in an SHIBSHOP.COM policy, for example, the seller has materially changed the item's description after you bid (see our Unpaid item policy);
• fail to deliver items sold by you, unless you have a valid reason as set out in an SHIBSHOP.COM policy;
• manipulate the price of any item or interfere with any other user's listings;
• take any action that may undermine the feedback or ratings systems (our Feedback policies);
• transfer your SHIBSHOP.COM account (including feedback) and user ID to another party without our consent;
• share your log in credentials with any third parties. If you require that authorized third parties (employees, agents, etc) have access to your account we offer a Multi-User Account Access program for that purpose.
• create listings, post, or upload content in inappropriate categories or areas on our sites;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm SHIBSHOP.COM or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of SHIBSHOP.COM;
• circumvent any technical measures used to provide our Services.
• interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any SHIBSHOP.COM application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to SHIBSHOP.COM. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to SHIBSHOP.COM or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
• commercialize any SHIBSHOP.COM application or any information, data or software associated with such application, except with the prior express permission of SHIBSHOP.COM; or
• harvest or otherwise collect or use information about users without their consent.

Sellers must meet SHIBSHOP.COM's minimum performance standards. Failure to meet these standards may result in SHIBSHOP.COM charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

If we believe you are abusing SHIBSHOP.COM and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating our policies prohibiting Offers to buy or sell outside of SHIBSHOP.COM, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy on buying or selling outside of SHIBSHOP.COM, you may be charged final value fees.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

We charge sellers for the use of our Services. In some cases, where a buyer receives supplemental Services such as authentication Services for items in certain categories, we may also charge the buyer for such supplemental Service.

The fees we charge sellers for using our Services are listed on our Selling fees pages. We may change our selling fees from time to time by posting the changes on the SHIBSHOP.COM site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of SHIBSHOP.COM. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of SHIBSHOP.COM, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of our Services for the introduction to a buyer.

You must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or the SHIBSHOP.COM Payments Entities (as defined below) may collect amounts owed in the manner described in the Payments Terms of Use. In addition, you will be subject to late fees. SHIBSHOP.COM, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information SHIBSHOP.COM reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at SHIBSHOP.COM Inc., C/O Global Collections, 7700 West Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the information a collection agency reported to a credit bureau regarding your SHIBSHOP.COM account, you must contact the collection agency directly.

In any jurisdiction where SHIBSHOP.COM has an obligation to collect sales taxes on sales you make using our Services, we or the SHIBSHOP.COM Payment Entities may collect such sales taxes from you via the payment method on file.

Selling fees don't purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including your listing, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

When listing an item for sale on our Services, you agree to comply with SHIBSHOP.COM's Listing policies and Selling practices policy and also agree that:

• You assume full responsibility for the item offered and the accuracy and content of the listing,
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). SHIBSHOP.COM can't guarantee exact listing duration,
• Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or SHIBSHOP.COM, in its sole discretion,
• The content you provide complies with all of our listing policies, including the Images, videos and text policy,
• Content that violates any of SHIBSHOP.COM's policies may be modified, obfuscated or deleted at SHIBSHOP.COM's sole discretion,
• We may revise product data associated with listings to supplement, remove, or correct information,
• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
  • buyer's location, search query, browsing site, and history;
  • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
  • seller's history, including listing practices, Detailed Seller Ratings, SHIBSHOP.COM's policy compliance, feedback, and defect rate; and
  • number of listings matching the buyer's query,
• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
• Some advanced listing upgrades will only be visible on some of our Services,
• SHIBSHOP.COM's Duplicate listings policy may also affect whether your listing appears in search results,
• Metatags and URL links that are included in a listing may be removed or altered,
• We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers,
• For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, SHIBSHOP.COM may require the use of certain payment methods, subject to our Payments methods policy. For example, for inventory covered by authentication services, buyer and sellers may be subject to escrow and/or payment handling requirements,
• You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. SHIBSHOP.COM has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services,
• SHIBSHOP.COM may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services and tools of other SHIBSHOP.COM Inc. corporate family members or cooperating third-party operators of websites, applications, services and tools.

When buying an item using our Services, you agree to the Rules and policies for buyers and that:

• You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy,
• You enter into a legally binding contract to purchase an item when you buy, commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted),
• For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller,
• We do not transfer legal ownership of items from the seller to you,
• Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Given the nature of SHIBSHOP.COM's global marketplace, listings may be viewed and purchased by, and shipped to, buyers around the world. Many of our Services are accessible internationally. We offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

If you purchase an item on an SHIBSHOP.COM site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other SHIBSHOP.COM site with respect to that particular purchase, as detailed in the International selling policy.

For sellers, you agree that we may display your listing for sale on an SHIBSHOP.COM site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International selling policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an SHIBSHOP.COM site that is different from your registration or listing site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other SHIBSHOP.COM site with respect to that particular sale, as detailed in the International selling policy.

You authorize us to use automated tools to translate your SHIBSHOP.COM content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

One of the ways that we may make SHIBSHOP.com listings available to international buyers on SHIBSHOP.com and on SHIBSHOP.COM's international sites is through the Global Shipping Program. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program, you (as seller) will simply ship the item to a parcel processing facility located in the United States after receiving notification of payment from the buyer. Pitney Bowes Inc., a third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your Global Shipping Program listings, SHIBSHOP.COM may respond directly to the buyer if the question pertains to the services overseen by Pitney Bowes Inc. (for example, customs or international shipping). Sellers pay no additional fees for selling through the Global Shipping Program.

Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, the buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Pitney Bowes Inc. acting as your buyer's forwarding agent. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information.

You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by SHIBSHOP.COM to Pitney Bowes Inc., and by Pitney Bowes Inc. to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. SHIBSHOP.COM does not control the privacy policies of Pitney Bowes Inc., its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.

Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on our Global Shipping Program and Global Shipping FAQs pages.

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against SHIBSHOP.COM, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. SHIBSHOP.COMtakes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including SHIBSHOP.COM users). You may use that content solely in your SHIBSHOP.COM listings. SHIBSHOP.COM may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that SHIBSHOP.COM is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name "SHIBSHOP.COM" and other SHIBSHOP.COM marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of SHIBSHOP.COM in the U.S. and other countries. They may not be used without the express written prior permission of SHIBSHOP.COM.

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. SHIBSHOP.COM'S Verified Rights Owner (VeRO) program works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our SHIBSEC team and we will investigate.

To protect SHIBSHOP.COM from risk of liability for your actions as a seller, SHIBSHOP.COM Payments Entities may restrict access to your funds as described in the Payments Terms of Use.

SHIBSHOP.COM may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. SHIBSHOP.COM may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our User Privacy Notice. As described in our User Privacy Notice, SHIBSHOP.COM may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may change your marketing communications preference for calls at any time, by notifying our team at SHIBSHOP.COM in writing. You may also opt-out of a specific text marketing campaign by replying "STOP" to such marketing text message.

SHIBSHOP.COM may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by SHIBSHOP.COM to carry out the purposes identified above.

SHIBSHOP.COM may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with SHIBSHOP.COM or its agents for quality control and training purposes, or for its own protection.

SHIBSHOP.COM's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of SHIBSHOP.COM's User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. SHIBSHOP.COM may store message contents, including to conduct this scanning and analysis.

If SHIBSHOP.COM provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user's information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws, and only using SHIBSHOP.COM Services.

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, SHIBSHOP.COM will set a default rule that automates the return process. Sellers may remove or customize their return preferences by writing to our team at SHIBSHOP.COM. Where settings have been set to automatically accept requests for returns or replacements, an SHIBSHOP.COM-generated return shipping label will be provided to your buyer. You agree to comply with our returns policy.

When an item is returned or if a transaction is cancelled after payment has been completed, SHIBSHOP.COM may issue a refund to the buyer on the seller's behalf and charge the seller for the amount of the refund.

Additionally, SHIBSHOP.COM may charge sellers for the cost of return shipping labels and/or other reasonable fees from sellers when:

• An SHIBSHOP.COM -generated return shipping label is used, and the seller is responsible for its cost;
• Returns have been automated;
• The seller fails to send the buyer a return shipping label and, instead, an SHIBSHOP.COM -generated shipping label is used; and/or
• The item is not as described in the listing and is returned in accordance with SHIBSHOP.COM Money Back Guarantee or other applicable terms.

SHIBSHOP.COM or SHIBSHOP.COM Payment Entities may invoice sellers for these charges and collect such charges as described in the Payments Terms of Use.

All seller cancellations of orders must be in accordance with our Order cancellation policy.

Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order on SHIBSHOP.COM within the time period and as provided in our Order cancellation policy, and the seller will have 3 days to accept or decline the request. If the order cannot be cancelled, buyers may still be permitted to return the item if the item is eligible for return.

In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller. If the buyer is responsible for the return shipping costs, the buyer may elect to use an SHIBSHOP.COM-generated shipping label or purchase a shipping label directly from a carrier. By choosing to use an SHIBSHOP.COM-generated shipping label, you (as a buyer) agree that SHIBSHOP.COM may deduct the cost of the shipping label from the refund owed to you.

Most SHIBSHOP.COM sales go smoothly, but if there's a problem with a purchase covered by SHIBSHOP.COM Money Back Guarantee, buyers can get their money back if an item didn't arrive, is faulty or damaged, or doesn't match the listing. You agree to comply with the policy and permit us to make a final decision on any SHIBSHOP.COM Money Back Guarantee case.

If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or SHIBSHOP.COM under the SHIBSHOP.COM Money Back Guarantee, SHIBSHOP.COM or SHIBSHOP.COM Payments Entities may invoice you in the amount of the reimbursement, or collect the amount of the reimbursement from you as described in the Payments Terms of Use. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We may suspend the SHIBSHOP.COM Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

Payments for goods and services sold using our Services are facilitated by designated SHIBSHOP.COM entities (each, an "SHIBSHOP.COM Payment Entity") pursuant to the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with the Payments Terms of Use, including the requirements to provide to SHIBSHOP.COM Payment Entities information about you, your business, and the financial account you will use to receive payments.

If you are a buyer:

• You may pay for items and services using the payment methods that the SHIBSHOP.COM Payment Entities make available, and the SHIBSHOP.COM Payment Entities will manage settlement of the payment to sellers. When buying on our Services, you authorize the SHIBSHOP.COM Payment Entity to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller. Accordingly, payments received by the SHIBSHOP.COM Payment Entity from you will satisfy your obligations to pay the seller in the amount of payments received.
• In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with SHIBSHOP.COM's internal risk controls or due to potential violations of any policy of SHIBSHOP.COM or the SHIBSHOP.COM Payment Entity, or a policy of one of the Payment Entity's third-party payment services providers.
• SHIBSHOP.COM, the SHIBSHOP.COM Payment Entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method notifying the SHIBSHOP.COM team in writing via email at info@shibshop.com. You are responsible for maintaining the accuracy of information we have on file, and you consent to SHIBSHOP.COM updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
• You may seek returns or cancellations on our Services, or file SHIBSHOP.COM Money Back Guarantee claims on our Services. If you are entitled to a refund, the SHIBSHOP.COM Payment Entities will issue the refund if the SHIBSHOP.COM Payment Entities processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
• You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the SHIBSHOP.COM Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the SHIBSHOP.COM Payment Entity has no control over, or responsibility or liability for, such fees or actions.

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in SHIBSHOP.COM's applications may not occur in real time. Such functionality is subject to delays beyond SHIBSHOP.COM's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will SHIBSHOP.COM (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or SHIBSHOP.COM was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

• the content you provide (directly or indirectly) using our Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by SHIBSHOP.COM;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any SHIBSHOP.COM Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Using SHIBSHOP.COM Section above;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the SHIBSHOP.COM Money Back Guarantee up to the price the item sold for on SHIBSHOP.COM (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.