1. Services Provided Hereunder.
FurnitureForSaleByOwner.com provides a venue on the internet whereby persons interested in selling furniture falling into several different categories may advertise that furniture for sale. Likewise, the FurnitureForSaleByOwner.com provides a venue whereby third parties interested in the acquisition of furniture may locate furniture suiting their needs for potential purchase.
The price and terms of any transaction are set by, and subject to the mutual agreement of, the parties to the transaction. The price at which furniture is listed by the sellers on this site is set by the sellers at their sole discretion. FurnitureForSaleByOwner.com plays no role in setting the purchase price, and plays no role in setting the terms of the sale. As a member, you are solely responsible to make certain that the buyer of your furniture complies with their obligations under whatever agreement you reach with them.
Likewise, in offering to sell your furniture on FurnitureForSaleByOwner.com, you agree to comply with all terms of any agreement you may reach with a buyer of your furniture. This includes the transfer of title or ownership of the furniture, including the preparation, execution, and delivery of all transfer of title documentation that may be necessary. FurnitureForSaleByOwner.com does not provide any documentation to complete any transaction, nor do we provide transfer of title documentation. Likewise, you, as seller are responsible to come to an agreement with the buyer with respect to how delivery of the furniture is to take place as well as who is to be responsible for the charges associated with the delivery of the furniture. FurnitureForSaleByOwner.com does not provide delivery services and has no involvement in the actual physical transfer of possession of furniture from seller to buyer.
While FurnitureForSaleByOwner.com provides a venue to list furniture for sale and reserves the right to review advertising before it is placed on the website, you as the seller of furniture are solely responsible for the accuracy of the information contained on your listing.
FurnitureForSaleByOwner.com cannot control the content of communications which may be made indirectly through our website or outside the website including communications made by way of email. As such, you are solely responsible for the content of those communications that you initiate as well as to verify the accuracy of communications made to you by prospective purchasers for your furniture. FurnitureForSaleByOwner.com reserves the right, at its sole discretion, to refuse to list furniture for sale or to remove advertising of furniture for sale to the extent it learns that information placed on the site by members is inaccurate, contains information protected by copyright or trademark held by persons or entities other than the seller, that the seller does not have the requisite licenses or other legal standing to own or sell the furniture, or that the seller is engaging in unfair or deceptive practices in connection with the properties listed for sale.
2. Listing Procedures
Once you purchase a membership, you will be eligible to begin listing furniture for sale. For each such listing, FurnitureForSaleByOwner.com will have 48 hours from the time the listing is submitted to review it for compliance with our policies prior to posting. If the listing is deficient in any way, you will be notified and the listing will not be posted. Each membership has a renewable four week term as described in more detail below. Depending on your membership level, you may have the ability to post multiple listings on our site. Your four week membership term will not begin to run until your first listing is posted.
3. Fees, Automatic Renewal.
You will initially be prompted to select a membership type when you sign up with FurnitureForSaleByOwner.com. You agree to pay, in advance, the fee for the membership type selected. The various memberships are as described on the FurnitureForSaleByOwner.com sign up page. Each membership provides a menu of services as described on our site for a four week cycle. Initial membership fees are refundable up to 24 hours after your initial listing is posted (the “Initial Cancellation Period”). Refunds may be obtained by providing Notice of Cancellation of membership to FurnitureForSaleByOwner.com at the following email address: cancellations@FurnitureForSaleByOwner.com.
You agree that the membership shall renew automatically every four weeks. You may cancel your membership and receive a full refund of the charge for the renewed period by providing Notice of Cancellation at the above email address at any time within 24 hours after the commencement of the renewed term (the “Renewal Cancellation Period”). You understand that you are responsible to pay the membership fees regardless of whether or not you are successful in selling the furniture that you list for sale during the membership period.
Once your listing is posted on the site, and either the Initial or Renewal Cancellation Period expires, the membership fees are non-refundable even should you decide to remove the furniture listing from the site. You may remove your listing by either cancelling your membership entirely or by notifying us of your intent to remove a particular listing. Notice regarding cancellation or regarding listing removals shall be provided to FurnitureForSaleByOwner.com at the following email address: cancellations@FurnitureForSaleByOwner.com. Once your membership is cancelled or you have removed your listings from the site, you will no longer be billed by FurnitureForSaleByOnwer.com.
4. Limitation on Liability.
The liability for FurnitureForSaleByOwner.com, its owner, subsidiaries, affiliates, officers, directors, or employees is limited as set forth in the terms and conditions of this website. The liability of FurnitureForSaleByOwner.com, its owners, subsidiaries, affiliates, officers, directors and employees shall, in no event, exceed the membership fees you paid during the six months prior to the discovery of the error.
5. Release and Indemnity.
In the event of a dispute between you and a third party concerning any use of the website, including, but not limited to, any disputes concerning any listing, you agree to defend and hold harmless FurnitureForSaleByOwner.com, its owner, subsidiaries, affiliates, officers, directors or employees, from any such claims brought against you by any third party.
Further, you agree to release FurnitureForSaleByOwner.com, its parent, subsidiaries and affiliates, officers, directors and employees, from any and all liability of every kind in nature, known or unknown, arising out of or in any way connected with any such dispute. If you are a California resident, you waive the provisions of California Code of Civil Procedure Section 1542 which provides:
“A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
By listing your property for sale on FurnitureForSaleByOwner.com, and providing content in connection with that listing, you grant FurnitureForSaleByOwner.com an irrevocable, non-exclusive right to the copyright you have and the content.
7. Privacy Protection.
FurnitureForSaleByOwner.com respects the values and privacy of its members. As such, FurnitureForSaleByOwner.com will not sell or in any way communicate your personal information to any third parties to be used for purposes of marketing their services or products, without your express consent.
8. Limited Relationship of Member and FurnitureForSaleByOwner.com.
FurnitureForSaleByOwner.com provides an internet venue for the purchase and sale of used and new furniture by third parties. A membership with FurnitureForSaleByOwner.com does not create any partnership, joint venture, agency, or other relationship.
9. Representations and Warranties by Member
By becoming a member of FurnitureForSaleByOwner.com, you represent and warrant that you have full authority to sell any furniture or product you list and are prepared to deliver that furniture or product, including all applicable title documents, licenses, including software licenses, as applicable, to your buyer if an agreement to sell the property is reached. You further represent and warrant that you will not sell or list to sell any illegal products or furniture or any products or furniture you do not have the requisite legal licenses to own or sell. In the event FurnitureForSaleByOwner.com becomes aware that you are listing any products or furniture that is illegal, or you are listing products or furniture that you do not have the legal right to sell or that otherwise fails to comply with these terms, FurnitureForSaleByOwner.com will remove the listing immediately, and reserves the right, at its sole discretion, to cancel your membership and ban you from further use of the site.