Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY NHGroup, LLC Dba Needle's Haystack. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.NEEDLESHAYSTACK.COM (THE "SITE") AND ALL SERVICES PROVIDED BY NEEDLE'S HAYSTACK ON THE SITE.By using the Site and any manner, including but not limited to visiting or browsing the Site, you (the "user") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, contributors or content, information and other materials or services on the Site.
For more information or questions, please contact us.
1. Needle's Haystack is a Marketplace
Needle's Haystack acts as a marketplace to allow users, who comply with Needle's Haystack's policies to offer, sell and buy certain items of jewelry within a fixed price format. Needle's Haystack markets sellers' products but never has title to products listed on the website.
2. Seller Eligibility
Needle's Haystack's seller services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You warrant and represent that you are at least of 18 years old and that all registration information you submit is accurate and truthful. Needle's Haystack may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. It is also required you maintain a PayPal Verified account.
3. Compliance
You agree to comply with all local laws regarding online conduct and acceptable content.
4. Account Responsibility
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Needle's Haystack of any unauthorized use of your account. In addition, it is your responsibility to keep all account information up-to-date and accurate. Account Inaccuracies may result in disruptions in vendor payments. Needle's Haystack shall in no way be responsible. Your Needle's Haystack account is non-transferable to other users other than yourself.
5. Fees & Services
Joining Needle's Haystack is free. Needle's Haystack allows users to upload and list products free of charge. Once an item is purchased, Needle's Haystack collects payment from the buyer and at that time collects a commission, "Needle's Haystack's Expense", as designated in the Seller Vendor Secure Zone under "Add A Product". The remaining balance, or "Seller Desired Amount", as designated in the Seller Vendor Secure Zone under "Add A Product", is then transferred to the seller the next business day via PayPal. Currently the commission equals thirty (30) percent of the final listing price available to buyers. Changes to the commission are effective after Needle's Haystack has delivered notice, through users filed email on their account, with at least fourteen (14) days' notice. Changes will be posted to the Site as well. Needle's Haystack may, at its sole discretion, change some or all of its' services at any time.
6. Getting Paid
In order to receive funds for reimbursement once a product has sold, you must maintain a PayPal Verified account. You will receive an email notification shortly after an item is sold, detailing the product sold and the customers shipping information. Funds will be sent, via PayPal, no later than 12:00 p.m. noon the following business day. Needle's Haystack shall not be held responsible for delays in payments due to incorrect Seller account information. Should a delay in payment occur, as a result of inaccurate Seller provided account information, Seller still must adhere to the "Seller Shipping Policy".
7. Promotions & Gift Cards
Needle's Haystack offers its customers the opportunity to purchase gifts cards. These gift cards are equivalent to cash, and will not affect how Seller is reimbursed. From time to time, Needle's Haystack may offer promotions or discounts. The amount of such promotion or discount will be deducted from "Needle's Haystack's Expense". Seller will be reimbursed the amount entered under "Seller's Desired Price" should their item sell and a promotion was redeemed by the customer.
8. Shipping Policy
Seller agrees that once an item of yours listed is purchased through Needle's Haystack, you shall have no more than two (2) business days to ship the item to the customer. You will receive an email, which serves as "Notice", shortly after an item is purchased. Provided will be the item sold, along with the customers chosen method of shipping and their shipping address. The two (2) day period begins once "Notice" has been delivered. (For example, an item is purchased on a Monday at 4:00 p.m. Seller must have that item shipped by that following Wednesday's cutoff time for the carrier chosen by the customer).
It is recommended, but is not mandatory, that Sellers provide a tracking or delivery confirmation code to the customer once an item has shipped. You should anticipate this cost and include it in the published shipping rates for each item. Instances where a customer notifies Needle's Haystack that they have not received an item, and no delivery confirmation can be furnished, Needle's Haystack reserves the right to chargeback the Seller the full amount paid by the buyer.
It is also recommended, but is not mandatory, that Sellers also include in their published shipping rates for each item, insurance coverage. Instances where a buyer notifies Needle's Haystack that their purchased item arrived damaged, an no carrier insurance coverage was purchased, Needle's Haystack reserves the right to chargeback the Seller the full amount paid by the buyer.
NEEDLE'S HAYSTACK SHALL NOT BE LIABLE FOR ITEMS DAMAGED IN TRANSIT, LOST PACKAGES AND CLAIMS FROM BUYERS OF NOT RECEIVING THEIR ITEM THEY PURCHASED.
9. Returns
Needle's Haystack wants all of its customers to be completely satisfied with their purchase. Seller agrees to adhere to the "Return Policy" in place. Customers may request a return within five (5) days of a product's delivery. Once initiated, Seller shall receive email notification detailing which item is going to be returned. At that same time, the customer shall receive return instructions including the Seller's return address, which will be the address Seller provides in their account when signing up as a Vendor. Should Seller desire that returns be sent to another address, Seller shall email Needle's Haystack that address prior to shipping a purchased product.
Once a Seller receives the returned product, you shall have one (1) business day to notify Needle's Haystack that the return has been processed. In addition, you shall refund Needle's Haystack for the "Seller's Desired Price", or amount which you were reimbursed for, minus original shipping costs. Customers are liable for the shipping costs associated when returning a product.
Claims of damaged goods shall be resolved by Seller paid insurance, or if no insurance was purchased, you shall be liable for the full amount paid by the buyer. It is the Seller's responsibility to verify a returned item is in its original condition. Needle's Haystack does not allow returns on worn or altered items.
10. Liability Limit
IN NO EVENT SHALL NEEDLE'S HAYSTACK, AND ( AS APPLICABLE) NEEDLE'S HAYSTACK'S SUBSIDIARIES, OFFICERS DIRECTORS, EMPLOYEES OR NEEDLE'S HAYSTACK SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, NEEDLE'S HAYSTACK'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
NEEDLE'S HAYSTACK'S LIABILITY IS LIMITED TO THE PURCHASE PRICE OF ITEM IN QUESTION. BEFORE MAKING A PURCHASE, PURCHASERS SHALL READ AND UNDERSTAND ALL POLICIES LISTED HEREIN, SPECIFICALLY SHIPPING, INSURANCE AND RETURN POLICIES.
11. Intellectual Property
Needle's Haystack, and other Needle's Haystack graphics, logos, designs, page headers, button icons, scripts and service names are copyright protected. Any use of these is prohibited without written consent from Needle's Haystack. Harm caused by the mis-use of such shall result in termination of user account and subsequent legal action.
12. Privacy
Except as provided in Needle's Haystack's Privacy Policy, Needle's Haystack will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your written consent. Needle's Haystack stores and processes content on computers located in the United States that are protected by physical as well as technological security.
13. No Guarantee
Needle's Haystack does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Needle's Haystack's control. Needle's Haystack and its website servicer shall work as fast as effectively possible, within reason, to address problems with access to the Site. In the event Needle's Haystack must undergo necessary maintenance, notice shall be delivered via user's registered emails.
The services hereunder are offered by:
NHGroup, LLC
6220 Gaston Ave, Ste 306
Dallas, TX 75214.
© 2012 NHGroup, LLC. All rights reserved.