Logo Logo

Terms and Conditions

Shop at Arcadia Terms and Conditions

ShopatArcadia.com Corp and/or its affiliates “Shops at Arcadia” provide website features and other products and services to you when you visit or shop at ShopatArcadia.com, use Arcadia products or services, use Shops at Arcadia applications for mobile, or use software provided by Arcadia. By using the Shops at Arcadia Services, you agree to the following conditions.

Our conditions 

Shops at Arcadia offer a dynamic service, and sometimes additional terms may apply. When you use our Affiliate Service you also will be subject to the guidelines, terms and agreements applicable to that Shops at Arcadia Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Arcadia Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Shops at Arcadia Services, or send emails, text messages, and other communications from your desktop, mobile device, or any digital communication device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You can keep possession of copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

Shops at Arcadia comply in full with the requirements of the Digital Millennium Copyright Act of 1998 ("DMCA"). Accordingly, if any Product, or Promotion violates a valid copyright, Shops at Arcadia may remove or disable access to such Client Material upon receipt of a valid, complete DMCA complaint. 

Also, all content included in or made available through Shops at Arcadia, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Shops at Arcadia or its content suppliers and protected by the United States of America and international copyright laws. 

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names originated by Shops at Arcadia are trademarks or trade dress of Shops at Arcadia in the United States of America, and other countries. Shops at Arcadia's trademarks and trade dress may not be used in connection with any product or service that is not Shops at Arcadia’s, in any manner that can potentially cause clients confusion and discredit Shops at Arcadia. All other trademarks not owned by Shops at Arcadia that appear on Shops at Arcadia are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shops at Arcadia.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Shops at Arcadia or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Shops at Arcadia Service. No original content of Shops at Arcadia Service may be reproached or exploited for any commercial purpose without express written consent of Shops at Arcadia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shops at Arcadia without express written consent. You may not use any meta tags or any other "hidden text" utilizing Arcadia's name or trademarks without the express written consent of Shops at Arcadia. You may not misuse the Shops at Arcadia Services. You may use the Shops at Arcadia Services only as permitted by law. The licenses granted by Shops at Arcadia terminate if you do not comply with these Conditions of Use or any Service Terms.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, salacious, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Shops at Arcadia reserves the right to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Shops at Arcadia a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.  Shops at Arcadia takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

If you believe that your intellectual property rights are being infringed, you can make a report to Shops at Arcadia. Additionally, Sellers can report inappropriate listings, other sellers, policy violations, and any other violations to Shops at Arcadia. Buyers report problems with orders, sellers policy violations, and any other violations to Shops at Arcadia.  

Written claims concerning copyright infringement must include the following information:

  • A description of the copyrighted work that you claim has been infringed upon;
  • Your address, telephone number, and e-mail address;
  • A signed statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A signed statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

RISK OF LOSS

All purchases of physical items from Shops at Arcadia are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Shops at Arcadia’s does not return items until it has reached our storage warehouse or at the Amazon fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Shops at Arcadia does not take title to the refunded item. 

PRODUCT DESCRIPTIONS

Shops at Arcadia does not warrant that product descriptions or other content of any Shops at Arcadia Service is accurate, complete, reliable, current, or error-free. If a product offered by Shops at Arcadia itself is not as described, the only solution is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or sellers. We regularly check List Prices against prices recently found on Amazon and other retailers.

With respect to items sold by Shops at Arcadia, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Shops at Arcadia and associate retailers are higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

FEES AND TAXES

Shops at Arcadia charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or storage Services for items in certain categories, we may also charge those buyers for such supplemental Services.

The fees we charge sellers for using our Services to sell goods and services are listed on our Selling fees pages. We may change our selling fees from time to time by posting the changes on the Shops at Arcadia 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 Shops at Arcadia. 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 eBay, 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 as a seller 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 eBay Payments Entities (as defined below) may collect amounts owed in the manner described in the Payments Terms of Use, and late fees will apply. Shops at Arcadia, 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. 

SANCTIONS AND EXPORT POLICY

You may not use any Shops at Arcadia Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Arcadia Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, technology, and services.

EXTERNAL BUSINESSES

Parties other than Shops at Arcadia store, provide services or software, or sell product through Shops at Arcadia. We provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Shops at Arcadia. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Shops at Arcadia does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SHOPS AT ARCADIA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SHOPS AT ARCADIA ARE PROVIDED BY SHOPS AT ARCADIA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHOPS AT ARCADIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SHOPS AT ARCADIA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SHOPS AT ARCADIA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SHOPS AT ARCADIA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SHOPS AT ARCADIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARCADIA DOES NOT WARRANT THAT THE SHOPS AT ARCADIA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SHOPS AT ARCADIA, SHOPS AT ARCADIA SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SHOPS AT ARCADIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SHOPS AT ARCADIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SHOPS AT ARCADIA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SHOPS AT ARCADIA, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Shops at Arcadia Service hereunder shall be resolved in the applicable state or federal courts of Florida, and you consent to accept service of process by mail exclusive and waive any jurisdictional or venue defenses otherwise available. We each waive any right to a jury trial.

Any physical report, statement, claims must be sent to our address below. 

1735 NW 190th Terrace, Miami Gardens, 33056, United States 

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number; and IP address and complete time stamps.

APPLICABLE LAW

By using any Shops at Arcadia service, you agree that applicable legislation, federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Shops at Arcadia.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review all policies posted on this site. These policies also govern your use of Shops at Arcadia Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

NO MISREPRESENTATION ALLOWED

False or Misleading Representations. You are prohibited from making any false or misleading representations in connection with selling or promoting goods or services.  You are prohibited from taking any false or misleading actions that are directed at other Shops at Arcadia seller or affiliate.

SELLER REQUIREMENTS

Shops at Arcadia require sellers to abide by the following criteria in order to sell Products through the Arcadia Services. Your use of the Shops at Arcadia Services indicates Your agreement that:

  1. You will create and be responsible and liable for: (1) a “Info Page” which accurately and clearly describes such Product; and (2) a “Thank You” page through which Purchasers will immediately receive the Product or through which they will receive clearly and accurate instructions on how and when they will receive the Product.
  2. You will provide valid, working email addresses to which Purchasers or Shops at Arcadia can send inquiries and receive a reply by end of the following business day. Purchasers and Shops at  Arcadia must also be able to reach a non-automated response within one business day.
  3. You will provide appropriate technical support pages for all Products that You register for sale via the Shops at Arcadia in English and all of the other languages in which the Products are offered at Your own web site. Your technical support must be consistent with best industry practices and standards.
  4. All Products and promotions, including any statements, claims, comments or messages sent via the Seller Spotlight section of the web site, must be fully compliant with Your country's laws and with U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection. Please review www.ftc.gov and familiarize Yourself with applicable regulations.
  5. If you offer any promotions or incentives to Affiliates you must affirmatively state that they are offered only by you and not offered or guaranteed by Shops at Arcadia. You also agree that you have reviewed, understand and agree to all the requirements of the Seller Spotlight as listed here:
     
  1. PRODUCT REQUIREMENTS.
  1. All Products must be original or otherwise appropriately licensed and non-infringing content that is digitally delivered within 24 hours of purchase. Immediate delivery preferred. If Your Product cannot meet this requirement, you must receive a written exemption from an authorized Shops at Arcadia representative.
  2. You understand that Shops at Arcadia may require that you include additional guidelines and disclaimers for certain Product categories, and You agree to accept those guidelines and add those disclaimers, if Your Products fall within those categories in order to have the Products sold through Shops at Arcadia. For the avoidance of doubt, you acknowledge that you expressly agree to comply with this requirement as a condition of registration pursuant to the Shops at Arcadia Client Contract.
  3. Shops at Arcadia prohibits the following types of products: 
    1. Unlicensed proprietary content
    2. Pirated software and tools
    3. Any product that can potentially lead to security threat to Arcadia and Arcadia’s clients 
    4. Hacking tools
    5. Any materials containing, endorsing or encouraging discrimination, violence, hatred, revenge, racism, victimization, criminal activity

Offering of any of the prohibited products may result in the immediate suspension or termination of all of Your activities with Arcadia (including non-offending activities) and the forfeitures of any account balance owed by Arcadia. 

POLICY ENFORCEMENT

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.