General Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item or a site prohibited (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. (d) we feel the membership to be associated with fraudulent practices (e) we are unable to verify membership contact information.
Your Conduct.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under
18) to register. If any member fails to signup with their correct age the account will be terminated immediately.
General Terms.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
This web-site shall not be responsible for any items sold by auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site assumes no liability for the content of the listings.
However if you fall victim of a fraudulent transaction we will assist you as much as we can.
Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of United States of America and any disputes will be decided only by the Courts of United States of America.
While using EWAEY, you will not:
Post content or items in an inappropriate category or areas;
Violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
Use the EWAEY if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
Manipulate the price of any item or interfere with other user's listings;
Circumvent or manipulate our fee structure, the billing process, or fees owed to Ewaey;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Ewaey);
Transfer your Ewaey account (including feedback) and User ID to another party without our consent;
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm Ewaey, or the interests or property of Ewaey users;
Copy, modify, or distribute content from the Site and Ewaey's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
Prohibited and Restricted Items
Before you list your item, you need to find out if your item is allowed on Ewaey and if the type of item is subject to certain restrictions to avoid potential issues with your listing. As an Ewaey seller, you are ultimately responsible for making sure that selling an item is legal in the eyes of the law.
Violations of these policies may result in a range of actions, including:
Listing cancellation
Limits on account privileges
Account suspension
Forfeit of Ewaey fees on cancelled listings
When policy violations occur, Ewaey emails the seller, as well as bidders, that a listing has been ended.
Understanding the rules about prohibited and restricted items:
Policies about listing items are often based on country and state laws. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law.
When selling across borders, be aware of international trading and import restrictions. Certain items may be legal in your country, but may be illegal elsewhere.
Just because a particular type of item is listed below, it does not mean that it is completely prohibited.
Note: Examples are designed to help explain the policy and should not be viewed as an exhaustive list.
Prohibited and Restricted Items List:
Adult Material (see Mature Audiences)
Alcohol (see also Wine)
Animals and Wildlife Products - examples include live animals, mounted specimens, and ivory
Artifacts - examples include Native American crafts, cave formations, and grave-related items
Catalytic Converters and Test Pipes
Cell Phone (Wireless) Service Contracts
Contracts
Cosmetics, Used
Counterfeit Currency and Stamps
Credit Cards
Drugs & Drug Paraphernalia
Drugs, Describing Drugs or Drug-like Substances
Electronics Equipment - examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
Electronic Surveillance Equipment – examples include wiretapping devices, and telephone bugging devices
Embargoed Goods and Prohibited Countries - examples include items from Cuba
Firearms, Weapons and Knives - examples include pepper spray, replicas and stun guns
Government and Transit Documents
Government and Transit Uniforms
Government IDs and Licenses
Hazardous, Restricted, and Perishable Items - examples include batteries, fireworks, and Freon
Human Parts and Remains
Importation of Goods into the United States - examples include CDs that were intended only for distribution in a certain country
Items Encouraging Illegal Activity – examples include an eBook describing how to create methamphetamine
Lockpicking Devices
Lottery Tickets
Mailing Lists and Personal Information
Manufacturers' Coupons
Mature Audiences
Medical Devices - examples include contact lenses, pacemakers, and surgical instruments
Multi-level Marketing, Pyramid and Matrix Programs
Offensive Material - examples include ethnically or racially offensive material and Nazi memorabilia
Pesticides
Plants (see Weeds and Seeds)
Police-Related Items
Prescription Drugs
Prohibited Services
Recalled Items
Stocks and Other Securities
Stolen Property and Property with Removed Serial Numbers
Surveillance Equipment
Transit and Shipping Related Items - examples include blueprints of transit facilities, airplane operations manuals, and flight attendants’ uniforms
Travel
Weeds and Seeds
Wine (see also Alcohol)
Non-paying bidder policy.
A buyer has 10 days to make a payment (unless otherwise communicated with seller). If, after that time the seller files a dispute for non-payment, the buyers account will be temporarily suspended until either…
A) Buyer has provided verifiable proof of payment
B) Seller has closed the dispute stating that the buyer has made payment
C) The buyer and seller have come to a verifiable agreement to cancel the transaction
In the case a seller does open a dispute (only available after 10 days after an auctions end and is not mandatory or automatic and completey at the sellers discretion to file a dispute) the buyer has 72 hours (or 3 days) to respond to the claim. If after that time the buyer has still not responded their account will remain suspended.
If the buyer does respond within the allotted time frame, and provides evidence the payment was made, the “Safe Haven” department will then review the dispute and come to a conclusion within 72 hours (or 3 days) and take appropriate actions according to the dispute conclusion made.
If the buyer does not respond or loses the dispute, any “negative” comments made to the sellers “reputation” will be deleted. Any “negative” comments from the seller to the buyers “reputation” will remain. The buyers account will then be suspended for 30 days and then will be re-instated with 1 “strike” to their record. If the buyer is found to lose another claim of non-payment, he/she may be subject to a permanent account suspension.
Non-performing seller policy.
A seller has 21 days to deliver an item after verifiable date of payment by the buyer.
If, after that time the buyer files a dispute for non-receipt, the sellers account will be temporarily suspended until either..
A) Seller has provided verifiable proof of delivery (verifiable delivery confirmation evidence or signature confirmation evidence)
B) Buyer has closed the dispute stating that the item was received.
C) The buyer and seller have come to a verifiable agreement to cancel the transaction
D) The seller has refunded full payment to buyer
In the case a buyer does open a dispute (only available after 21 days after an auctions end and is not mandatory or automatic and completey at the buyers discretion to file a dispute) the seller has 72 hours (or 3 days) to respond to the claim. If after that time the seller has still not responded their account will remain suspended.
If the seller does respond within the allotted time frame, and provides evidence the item was delivered, the “Safe Haven” department will then review the dispute and come to a conclusion within 72 hours (or 3 days) and take appropriate actions according to the dispute conclusion made.
If the seller does not respond or loses the dispute, any “negative” comments made to the buyers “reputation” will be deleted. Any “negative” comments from the buyer to the sellers “reputation” will remain. The sellers account will then be suspended for 30 days and then will be re-instated with 1 “strike” to their record. If the seller is found to lose another claim of non-performance, he/she may be subject to a permanent account suspension.
All attempts to refund the buyers payment will be made by the Ewaey.com team. There are cases in which a refund will be not available, ie. a money order or check was used as method of payment or appropriate online payment company refuses to cooperate with refund. Please keep in mind the Ewaey.com team will do everything in its power to get the payment refunded to the purchaser but makes no guarantees that the payment will be refunded. Ewaey.com, its sponsors, and affiliates claims no financial responsibility to refund payment.
