Terms of Use
THIS IS A LEGAL CONTRACT BETWEEN YOU AND MEZZI.COM
This Site Access and Purchase Agreement (this Agreement) is a legal contract between you and MEZZI.com and contains the terms and conditions for access to and use of the website and marketplace located at www.MEZZI.com (the Site).
This User Agreement includes and hereby incorporates into its terms the Site Access Agreement governing access to and use of the Site (the User Agreement) and the MEZZI.com Privacy Policy (Privacy Policy) and any supplemental terms you agree to from time to time. Please read this User Agreement and the Privacy Policy carefully - if you do not agree to any of the terms, you may not use the Site or Marketplace. The terms you, your, and yours refer to the customer/purchaser utilizing our Site(s). The terms MEZZI.com, we, and our refer to MEZZI.com, Inc., a Delaware corporation and its affiliates and subsidiaries.
CLICKING THE ACCEPT BUTTON UPON REGISTRATION CONSTITUTES YOUR ACCEPTANCE OF THIS USER AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM IN THIS USER AGREEMENT, DO NOT CONTINUE TO ACCESS AND USE THIS SITE. If the provisions of this Agreement conflict with those in the User Agreement, the Privacy Policy, or the Checkout Terms, or any other terms incorporated into this Agreement, the terms of this Agreement will control.
1. AMENDMENTS AND CHANGES
1.1 Changes to Site and Marketplace. MEZZI.com shall have the right at any time to change or discontinue any aspect or feature of MEZZI.com, including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use.
1.2 Changes to Agreement Terms. MEZZI.com shall have the right at any time to change, modify, add or delete the terms and conditions applicable to your use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use, changes to or additions to this User Agreement and the Privacy Policy. Such changes, modifications, additions or deletions (Changes) shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. YOUR CONTINUED USE OF THE SITE FOLLOWING MEZZI.COM'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE.
2. YOUR MEMBERSHIP
2.1 The Marketplace. MEZZI.com operates an online marketplace that enables Members to view and purchase products and services (the Marketplace). Except for certain circumstances, each product available on the Marketplace (Products) is offered for a defined and limited period of time determined by MEZZI.com and is sold to the Member who proposed the highest purchase price during that limited selling period. In addition, MEZZI.com may, from time to time, make available to Members opportunities to purchase a Product either in multiples of more than one (1) or at the highest purchase price they proposed even if that purchase price was not the highest proposed during the selling period.
2.2 Registration as a MEZZI.com Member Required. Only MEZZI.com Members may participate in the Marketplace. In order to become a Member, you must agree to this Agreement and all terms and agreements incorporated in this Agreement, not be a Minor, and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time.
2.3 Age Minimum. Children under the age of 18, may not become a MEZZI.com Member, use the Site or authorize transactions on the Site.
2.4 Your User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password.
2.5 MEZZI.com allows only one (1) account per registered Subscriber. The right to use MEZZI.com is personal to Subscriber and is not transferable to any other person or entity.
2.6 Personalizing Your User Name. You may personalize your username with an icon we supply on the Site at the MEZZI Control Center - Update Your Registration Info or with an icon you upload from your computer. You may not use an offensive or profane icon. We reserve the right to erase or remove any icon from the Site at anytime.
2.7 Cookies Must Be Enabled. In order to participate in the Marketplace, your browser cookies must be enabled each time you log on. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies. To enable cookies on your browser, click here.
3. BASIC USAGE RULES: YOUR USE OF THE SITE AND MARKETPLACE
3.1 Postings. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacyor publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without MEZZI.coms express prior approval, contains advertising or any solicitation with respect to products or services. You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted MEZZI.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store, or reproduce the material for that users personal use. You hereby grant MEZZI.com the right to edit, copy, publish and distribute any material made available on the Site by you. We strongly forbid the use of any offensive images such as pornography. Any images MEZZI.com finds offensive will be deleted, and the members using such images may be suspended. Any conduct by you that in MEZZI.com discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services.
3.2 Our Content. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may only download copyrighted material for your personal use such as for the reselling of items purchased from MEZZI.com. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of MEZZI.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3.3 Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of MEZZI.com and all charges related thereto.
3.4 Zero Tolerance on Fraud. MEZZI.COM HAS ZERO TOLERANCE FOR ONLINE FRAUD. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of online fraud or suspicions thereof, should be immediately reported to MEZZI.com. MEZZI.com will notify and assist the appropriate law enforcement agencies in any case where there is suspicion of fraudulent use of our Marketplace. MEZZI.com will terminate and ban the user on the first offense. MEZZI.com will also maintain and enforce a blacklist to chronicle fraudulent users.
3.5 Compliance with Laws; Fraud. The Site and Marketplace only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Marketplace, including in regard to bidding, and purchasing Products. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participants password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and MEZZI.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
3.6 Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any Product for the purpose of artificially increasing or otherwise manipulating the bidding process on MEZZI.com or the bid price of any Product listed on the Site, or influencing user behavior on MEZZI.com.
4. PRIVACY, MONITORING AND DISCLOSURE, BREACH
4.1 Your Privacy. Click here Privacy Policy for our general Privacy Policy, which is incorporated by reference into, and made part of, this User Agreement. MEZZI.com may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by MEZZI.com except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy Policy.
4.2 Monitoring and Investigation. As permitted by applicable law and consistent with our Privacy Policy, MEZZI.com has the right, but not the obligation, to monitor and investigate any activity and content on or associated with this Site. MEZZI.com may also monitor and investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site. Without limiting the foregoing, MEZZI.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
4.3 Disclosure of Information. As permitted by applicable law, MEZZI.com reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other thirdparties. In order to cooperate with information requests, to protect MEZZI.coms systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of MEZZI.coms business and systems or other purposes deemed reasonable by MEZZI.com, MEZZI.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
5. RIGHTS OF MEZZI.COM
5.1 Auction Glitches. MEZZI.com will offer 100% risk free auctions, except when a technical glitch prevents that from happening. In such a case, MEZZI.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by MEZZI.com to the customer if no merchandise is shipped. It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number(s).
5.2 Breach. Without limiting other remedies, MEZZI.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if MEZZI.com is unable to verify or authenticate any information you provide to MEZZI.com; or (c) if MEZZI.com believes that your actions may cause legal liability for you, other MEZZI.com users, or MEZZI.com.
5.3 Termination. MEZZI.com may terminate this Agreement or your access to the Site at any time in the event of any conduct by you which MEZZI.com, in its sole discretion, considers to be unacceptable.
6. BIDDING TERMS
6.1 Your Bid Or Offer To Buy Is Your Agreement. You acknowledge and agree that a bid or a request to buy any Product is a legal offer to buy the Product. Once MEZZI.com accepts your offer, you are obligated to complete the transaction as accepted by MEZZI.com. Accordingly, when you bid on a Product on MEZZI.com, you enter a legally binding contract in which you express intent to purchase the Product at the proposed bid price. Failure to do so in a timely manner will result in termination of your MEZZI.com membership and other actions taken by MEZZI.com to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable.
6.2 Bid Users. Customers will be required to pay each time they win three items that they bid on. Bidding privileges will be restricted until payment is made. After the first transaction is officially completed, customers will be able to bid freely on other items. Until such time, customers will not be able to make use of the MEZZI.com auto-bid feature.
6.3 Listing Page. Each Product has a Listing Page, which sets forth the Products description and additional Checkout Terms, if applicable. You are responsible to read the Listing Page, and your submission of a bid to buy a Product constitutes your agreement that you have read and you understand the Listing Page and any Checkout Terms.
6.4 Bid Increment Rules
(a) Whole Dollar Increments. Each proposed purchase price in each bid (a Bid Amount) to buy a Product must be in whole dollar amounts. Any Bid amount not placed in whole dollar increments will be invalid and not accepted.
(b) Minimum Bid Increase. Your Bid Amount must exceed the current highest bid by at least the Minimum Bid Increase. The Minimum Bid Increase depends on the current highest Bid Amount and is defined below: Current High Bid Amount Minimum Bid Amount Increase by 2% of the current high bid rounded to nearest dollar
(c) Automatic Bid Increments. For your convenience, MEZZI.com automatically sets each of your next Bid Amounts by adding the applicable Minimum Bid Increase to the current Bid Amount. YOU MAY ALSO SET YOUR DESIRED BID AMOUNT MANUALLY, WITHOUT THE AID OF THE MEZZI.COM AUTOMATIC BID INCREASE IF GREATER THAN THE APPLICABLE MINIMUM BID AMOUNT INCREASE.
6.5 No Bid Shilling or Fraud. Bid shilling occurs when someone bids on a Product for the sole purpose of driving up the price and is prohibited. Any evidence of bid shilling on a Product is a breach of this Agreement and warrants immediate termination of membership.
6.6 Retracting Your Bid. Once you have submitted a bid to purchase any Product, it cannot be retracted unless you made an obvious typographical error when placing a bid. For clarification, a bid placed on another, similar Product, changing your mind, or inability to pay for the Product is not grounds to retract a bid or to cancel your agreement to purchase a Product. To retract a confirmed bid, you must contact Customer Service with your request and include the Product listing number and a valid explanation.
6.7 Submission of the Highest Bid and Your Payment Obligation. When you have submitted the highest Bid Amount during the selling period of a Product, you will receive an e-mail notifying you that you have submitted the highest Bid Amount - you will have five (5) days thereafter to pay for your Product(s) at that highest Bid Amount. You are responsible for keeping track of all of your highest Bid Amounts. No extensions on these five (5) days will be given.
7. BIDDING TOOLS
MEZZI.com makes available tools for reviewing and purchasing Products through the Marketplace. You are solely responsible for use of these tools. By using any of these tools, you agree that you have read and that you understand all of the rules and instructions for such tools.
7.1 MEZZI.com Watch List. You may elect to use MEZZI.coms Watch list feature to track Products you are interested in, but not yet ready to bid on. You may also bid on Products on your Watch List directly from your Watch List. For instructions, please click Watch List.
7.2 Autobid System. Our Autobid System will automatically place bids on your behalf on Products up to your maximum Bid Amount. Your election to use the Autobid System is your offer to purchase the applicable Product at the highest Bid Amount designated by you and a legal contract between you and MEZZI.com. If your highest bid amount is the winning bid, you agree to comply with your obligations under that contract to buy the Product from MEZZI.com. An Autobid placed on a Product or Bids that have already been placed by the Autobid System may not be cancelled.
7.3 Second Chance Offer Product
(a) Description. MEZZI.com may provide you with an opportunity to purchase a Product through the MEZZI.com Second Chance Offer program. A Second Chance Offer is an opportunity to purchase a Product for which you submitted a bid that was not the highest. The purchase price for a Second Chance Offer is the highest price you bid for the Product. Second Chance Offers are made available when there is more than one (1) Product available for sale. Second Chance Offers will only be available to qualified Members to whom such offers are extended.
(b) Notice to You. If a Product is subject to a Second Chance Offer, you will receive an email notification aftertheselling period ends that you have a Second Chance Offer to buy the Product. Second Chance Offer Products will automatically be placed into your account. All Second Chance Offer Products will display in your account with a distinct listing number.
(c) Payment Terms. Existing customers who receive a Second Chance Offer will have five (2) days to pay for all Second Chance Offers after receiving an email notification of the offer. After 2 days Second Chance Offer will expire and will not be available.
(d) No Obligation. You are not obligated to purchase any Second Chance Offers. If you choose not to purchase these Products, you can contact customer service for removal or allow them to re-list without penalty to you.
7.4 Reserve Price Auctions
(a) Description. MEZZI.com may provide you with an opportunity to purchase a Product through the MEZZI.com Reserve Auctions program. A Reserve Auction is similar to a MEZZI Typical Auctions except that a minimum Reserve Price has been set. Once the minimum Reserve Price is met, the highest bidder will win the item once the auction closes. Each reserve auction will show an indicator when the Reserve Price is Not Met. The Reserve Price will not be revealed. If we have set a Reserve Price for a particular auction and the reserved price is not met, we are not obligated to sell the item.
(b) Notice to You. If a Reserve Price has been met on a product, the highest bidder will win the item once the auction closes. You will receive an email notification after the selling period ends that you have won the Reserve Price Product. Reserve Price Products will automatically be placed into your account.
(c) Payment Terms. Each ReservePrice Auction will expire five (5) days after you receive an email notification. Accordingly, you will have five (5) days to pay for any Reserve Price Auctions.
8. PAYMENT
8.1 General Payment Policies
(a) All Purchases Will Be Subject to Invoices. All of your purchases and amounts owed for those purchases will be presented to you on one (1) or more invoices that will be emailed to you and stored in your MEZZI Control Center for 90 days from the purchasing date. MEZZI.com will use its commercially reasonable efforts to post and make available to you your invoices no later than one (1) hour after MEZZI.com accepts your payment.
(b) First Time Users. First time customers will be required to pay for their first five items that they bid on and win. Bidding privileges will be restricted until payment is made. After the first transaction is officially completed, customers will be able to bid freely on other items. Until such time, customers will not be able to make use of the MEZZI.com auto-bid feature.
(c) Payment Due Within 5 Days. Payment on any Product is due promptly, but no later than five (5) days after MEZZI.com accepts your offer to buy a Product. Any payment not received within 5 days of when MEZZI.com accepts your offer to buy a Product will be referred for collection.
(d) Your Transactions and Obligations. By entering into this Agreement and bidding on a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and MEZZI.com maintainsthe right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees. MEZZI.com reserves the right to demand payment if customer has more than 10 unpaid items in their account or if the total amount of auctions won, exceeds $1000.00 CAD. To avoid this situation please pay on time. All winning auctions must be paid in chronological order.
(e) Shipping Not Refundable. Shipping is non-refundable under any circumstances.
(f) Customs on International Shipments. You are solely responsible to pay all customs fees on packages shipped out of Canada. You are solely responsible for understanding and complying with your local customs laws, duties, regulations, and restrictions. In addition, for returned packages, you will pay all customs fees incurred during the shipping process.
8.2 MEZZI.COM Rights If Payment Not Received In Full. You promise that any payment method selected by you when purchasing a Product shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, MEZZI.com may in its sole and absolute discretion cancel your purchase. In such case, MEZZI.com may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At MEZZI.coms sole discretion, but without any obligation, alternate payment methods may be arranged.
8.4 Payment Methods
(a)Accepted Payment Forms. MEZZI.com currently accepts:
(i) Visa
(ii) MasterCard
(iii) Bank drafts, money orders (international and domestic)
(iv) Certain third party payment services, including PayPal
(A) Third Parties. You agree that any payments made to MEZZI.com through any third party payment service, such as PayPal, any credit card issuer, or any other party, will be an agreement between you and the third party. MEZZI.COM WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY. MEZZI.COM MAKES NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
9. Sales Tax
9.1 Sales Tax Requirements. Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers.
9.2 Canada Tax. Any Product purchased on MEZZI.com being shipped within Canada will be charged sales tax on the transaction, GST, 5%. PST, 7%, is charged for transactions going to BC. HST, 8%, is charged for all transactions going out to NB, NS, NF provinces.
9.3. Tax Exempt: Electric scooters old on MEZZI.com are exempt from PST. All PST paid will be refunded.
9.4 Your Obligations. MEZZI.coms sales tax collections procedures do not constitute a promise that you have no other sales or use tax liabilities as a result of your purchase of Products through MEZZI.com. You are solely responsible for reporting and remitting any sales or use tax you may owe under laws applicable to you. You also agree that MEZZI.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.
