Terms & Conditions

Last Updated: October 2024

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, that require publishing the rules and regulations, privacy policy, and user agreement for access or usage of the PureChoice website.

1. Introduction

Welcome to PureChoice! This user agreement ("User Agreement") and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively "Services") set out the terms on which PureChoice offers you access to and use of our Services. By using PureChoice's Services, you agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is PureChoice, based at 120 Hennepin Ave, Minneapolis, MN 55401. For the purposes of this User Agreement, "PureChoice," "we," or "us" refers to the above-named entity. "You" or "User" refers to any natural or legal person who has agreed to become a member of the website by providing true, accurate, current, and complete information during the registration process.

Acceptance of these terms occurs when you take an affirmative action such as clicking "accept" or accessing the website.

2. About PureChoice

PureChoice is an online marketplace that facilitates the sale of toxin-free, sustainable, and eco-friendly products. PureChoice provides a platform for users to sell and buy goods and services, but PureChoice is not involved in the actual transaction between buyers and sellers. The contract for the sale of any item is directly between the buyer and seller.

PureChoice does not guarantee the quality, legality, safety, or availability of the products offered, the truthfulness or accuracy of sellers' content, the ability of sellers to deliver items, or the ability of buyers to pay for items.

3. Using PureChoice

3.1 Eligibility

To use PureChoice's Services, you must be at least 18 years old and able to form legally binding contracts. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Creation and Security

When you create an account with PureChoice, you agree to:

1. a) Provide accurate, current, and complete information about yourself. b) Maintain and promptly update your account information. c) Keep your account password secure and confidential. d) Be responsible for all activities that occur under your account. e) Notify PureChoice immediately of any unauthorized use of your account or any other breach of security.

PureChoice reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

3.3 Prohibited Activities

In connection with using or accessing our Services, you agree to comply with this User Agreement, all policies, and applicable laws, rules, and regulations. You agree that you will not:

1. a) Post, list, or upload content or items in inappropriate categories or areas on our site. b) Breach or circumvent any laws, third-party rights, or our systems and policies. c) Fail to deliver items sold by you, unless you have a valid reason under PureChoice policies. d) Fail to pay for items purchased by you, unless you have a valid reason under PureChoice policies. e) Transfer your account or user ID to another party without our consent. f) Distribute spam, unsolicited communications, or malware on the platform. g) Use automated means (e.g., robots, spiders) to access our services, without our express written permission. h) Manipulate the price of any item or interfere with any other user's listings. i) Post false, inaccurate, misleading, deceptive, defamatory, or libelous content. j) Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. k) Violate any law, statute, ordinance, or regulation. l) Use the Services if you are under 18 or unable to form legally binding contracts.

Violations of these conditions may result in suspension or termination of your account and other penalties as per PureChoice's discretion.

4. Seller Responsibilities

Sellers on PureChoice must meet the following responsibilities:

4.1 Product Listings

1. a) Sellers must accurately describe the items they list for sale, including the item's condition, quantity, and other relevant details. b) Sellers are responsible for ensuring that all listings and products comply with PureChoice's standards for toxin-free, sustainable, and ethical products. c) Listings must not include misleading, illegal, or infringing content, or violate any third-party intellectual property rights. d) Sellers must provide clear, accurate pricing information, including any applicable taxes or fees.

4.2 Product Quality and Safety Standards

1. a) All products sold on PureChoice must meet our strict standards for being toxin-free, sustainable, and eco-friendly. b) Sellers may be required to provide certification or documentation to prove their products meet these standards. c) PureChoice reserves the right to remove any listings that do not meet our quality and safety standards.

4.3 Shipping and Delivery

1. a) Timely Dispatch: Sellers must ship items within the timeframe specified in the listing, or if none is specified, within 3 business days of receiving payment. b) Accurate Shipping Information: Sellers must provide accurate shipping costs and delivery timeframes. Any changes to these details must be communicated to the buyer promptly. c) Tracking Information: Sellers should provide tracking details when available, to allow buyers to monitor their shipment. d) Lost or Damaged Items: If an item is lost or damaged in transit, the seller is responsible for resolving the issue, which may include offering a replacement or refund.

4.4 Returns and Refunds

1. a) Sellers must clearly outline their return policies in their listings. If no return policy is stated, a default 30-day return policy will apply. b) If an item is returned because it was not as described (e.g., defective or wrong item), the seller is responsible for return shipping costs and must issue a full refund. c) Sellers are responsible for promptly processing returns and refunds as agreed upon with the buyer or as specified in the PureChoice policies.

4.5 Compliance with Laws

1. a) Sellers must comply with all applicable laws, including product safety, labeling, and import/export regulations. b) Sellers must not offer items that are counterfeit, illegal, or prohibited by PureChoice policies.

5. Buyer Responsibilities

As a buyer on PureChoice, you agree to:

1. a) Payment Obligations: You agree to pay for items you purchase, and by committing to purchase an item, you enter into a legally binding contract with the seller. b) Reading Product Listings: You must read product descriptions carefully before purchasing, and ensure that you understand the terms of the sale, including shipping times, costs, and return policies. c) Dispute Resolution: If an issue arises with a purchase, buyers should attempt to resolve the issue directly with the seller. PureChoice may assist in dispute resolution but is not responsible for enforcing transaction outcomes. d) Prohibited Items: Buyers must not attempt to purchase items that are illegal or prohibited by PureChoice policies.

6. Payments, Fees, and Taxes

6.1 Seller Fees

1. a) Sellers are charged a commission on sales made through PureChoice. The current fee schedule is posted on the website and may be updated with 14 days' notice. b) Sellers are required to keep an up-to-date payment method on file for these fees. c) PureChoice reserves the right to change its fee structure with appropriate notice to sellers.

6.2 Payment Obligations

1. a) Buyers: Payments must be made through the available payment methods on the platform. Failure to pay for purchases may result in suspension or termination of your account. b) Sellers: Sellers must pay applicable fees and taxes on all sales. This includes sales tax, VAT, or customs duties as required by local, state, or international regulations.

6.3 Managed Payments

PureChoice may facilitate managed payments for sellers and buyers, acting as an intermediary between both parties. This includes:

1. a) Processing buyer payments. b) Holding funds until shipment is confirmed. c) Remitting funds to sellers. d) Verification and compliance checks for sellers, including identity verification. e) Holding funds in reserve in cases of disputes, performance issues, or risk of liability. f) Facilitating refunds and returns through the payment method on file.

Sellers who use managed payments authorize PureChoice to deduct fees and any refunds from their account balances.

7. Performance Enforcement

PureChoice holds sellers to high performance standards to ensure a positive experience for buyers. Sellers are expected to:

1. a) Maintain a high level of customer satisfaction: This includes delivering items on time, as described, and addressing buyer concerns promptly. b) Comply with PureChoice policies: This includes compliance with all selling rules and standards.

If a seller's performance falls below PureChoice's minimum performance standards, the seller may be subject to:

1. a) Listing restrictions or removal of certain listing privileges. b) Increased seller fees or penalties. c) Account suspension or termination for repeated violations.

Performance will be evaluated based on metrics such as feedback, shipping times, cancellation rates, and disputes with buyers.

8. Cross-Border Sales

PureChoice allows sellers to offer their products to international buyers. Sellers who participate in cross-border sales must:

1. a) Ensure that all products comply with applicable laws in the destination country, including customs, labeling, and safety requirements. b) Accurately estimate shipping costs and delivery times for international orders. c) Be responsible for any import/export fees, taxes, or customs duties.

International buyers are responsible for understanding their country's customs and import regulations, and any additional charges that may apply. PureChoice is not responsible for delays caused by customs or regulatory inspections.

9. Intellectual Property Disputes

PureChoice respects intellectual property rights and expects users to do the same. If you believe your intellectual property rights have been infringed, you may submit a claim through our Intellectual Property Rights Infringement Program.

Upon receiving a valid intellectual property complaint, PureChoice may:

1. a) Remove or disable access to the infringing content. b) Notify the user responsible for the alleged infringement. c) Suspend or terminate the accounts of repeat infringers.

PureChoice encourages sellers to verify that their products and listings do not violate any third-party intellectual property rights, including trademarks, copyrights, and patents.

10. Content and Intellectual Property

• PureChoice Intellectual Property Rights

Ownership

All rights, title, and interest in and to the PureChoice platform, including all intellectual property rights (copyrights, trademarks, trade secrets, patents, etc.), are and will remain the exclusive property of PureChoice and its licensors

This includes but is not limited to a) The PureChoice name, logo, and brand assets, b) Platform design, interface, and functionality, c) Proprietary software and algorithms, including AI recommendation engine, d) Documentation, marketing materials, and other content created by PureChoice, e) Database structure and compiled data

Prohibited Actions Users agree not to a) Copy, modify, or create derivative works of the PureChoice platform or its content, b) Reverse engineer, decompile, or attempt to extract source code, c) Remove or alter any copyright, trademark or other proprietary notices, d) Use PureChoice's intellectual property in any way not expressly authorized, e) Register domain names, social media accounts, or trademarks that incorporate PureChoice's marks.

Limited License

Users are granted a limited, non-exclusive, non-transferable license to use the platform solely as permitted by these terms. This license can be revoked at any time for violations of these terms

Trademark Usage

Any use of PureChoice trademarks, logos, or brand features must be in accordance with our brand guidelines and with explicit written permission"

10.2 User-Generated Content

When you provide content (such as product listings, reviews, or comments) using the Services, you grant PureChoice a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, distribute, and display that content across our platform. You warrant that you have all necessary rights to the content and that it does not infringe any third-party intellectual property rights.

10.3 Content Moderation

PureChoice reserves the right to remove or modify any content that violates its policies or is otherwise deemed inappropriate. This includes, but is not limited to:

1. a) False, misleading, or deceptive content. b) Offensive, harmful, or explicit material. c) Content that infringes on intellectual property rights. d) Spam or unsolicited promotional content.

10.4 Feedback and Suggestions

Any feedback, comments, or suggestions you may provide regarding PureChoice or our Services is entirely voluntary. PureChoice shall be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

11. Policy Enforcement

If a buyer or seller issue arises, PureChoice reserves the right to consider the user's performance history and apply our policies accordingly. We may limit, suspend, or terminate accounts or listings at our discretion. Failure to comply with our policies or repeated poor performance may result in additional fees, restrictions, or suspension from the platform.

12. Dispute Resolution

12.1 Buyer-Seller Disputes

In the event of a dispute between a buyer and a seller, PureChoice encourages the parties to communicate directly to resolve the issue. If no resolution is reached, either party may escalate the dispute to PureChoice's customer support team.

12.2 Dispute Resolution Process

1. a) Initial Communication: Buyers and sellers should first attempt to resolve disputes through direct communication. b) Escalation to PureChoice: If direct communication fails, either party can escalate the dispute to PureChoice's customer support. c) Investigation: PureChoice will review the dispute, including transaction details, communication history, and any provided evidence. d) Resolution: Based on the investigation, PureChoice may:

• Facilitate a mutually agreeable solution
• Issue a refund to the buyer
• Release funds to the seller
• Take other appropriate actions as per our policies

12.3 Legal Disputes and Arbitration

In the event that a dispute cannot be resolved through the above process, disputes will be resolved through binding arbitration, governed by the Arbitration and Conciliation Act, 1996. The place of arbitration will be Minnnesota, and proceedings will be in English.

13. Cancellation and Refund Policies

13.1 Order Cancellation

1. a) Buyers may cancel an order before it has been shipped. Once an order has been shipped, the seller's return policy will apply. b) Sellers may cancel an order if they are unable to fulfill it, but excessive cancellations may result in account penalties.

13.2 Refunds

1. a) Refund policies are set by individual sellers and should be clearly stated in their listings. b) If a product is not as described or arrives damaged, buyers are entitled to a full refund, including shipping costs. c) Refunds will be processed through the original payment method when possible.

14. Platform Availability and Maintenance

14.1 Service Availability

While PureChoice strives to ensure high availability of our Services, we do not guarantee uninterrupted access to the platform. Temporary service interruptions may occur due to maintenance, system upgrades, or factors outside our control.

14.2 Scheduled Maintenance

PureChoice will attempt to provide advance notice of any scheduled maintenance that may result in service interruptions. However, we reserve the right to perform emergency maintenance without prior notice when necessary.

15. Prohibited Items

The following items are strictly prohibited from being listed or sold on PureChoice:

1. a) Illegal drugs and drug paraphernalia b) Weapons and explosives c) Counterfeit or replica items d) Hazardous materials e) Personal information or data f) Items that infringe on intellectual property rights g) Tobacco products h) Live animals i) Human remains or body parts j) Stolen goods k) Any other items prohibited by law or PureChoice policies

PureChoice reserves the right to remove listings for prohibited items and take appropriate action against users who attempt to sell such items.

16. Termination

16.1 Termination by User

You may terminate your account at any time by contacting our customer support team. Termination will be effective upon processing by PureChoice, which may take up to 30 days.

16.2 Termination by PureChoice

PureChoice reserves the right to terminate or suspend your account at any time for any reason, including but not limited to:

1. a) Violation of these Terms and Conditions or any PureChoice policies b) Engaging in fraudulent or illegal activities c) Failure to pay fees or other amounts owed to PureChoice d) Repeated poor performance or customer complaints e) Inactivity for an extended period

16.3 Effects of Termination

Upon termination:

1. a) You will no longer have access to your account or the Services. b) Any pending transactions may be cancelled. c) PureChoice may delete or retain your account information as required by law or for legitimate business purposes.

17. Disclaimer of Warranties and Limitation of Liability

17.1 Disclaimer of Warranties

PureChoice provides its services on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee the continuous operation of or access to our Services. PureChoice disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

17.2 Limitation of Liability

PureChoice is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PureChoice for the Services during the term of membership.

18. Indemnification

You agree to indemnify, defend, and hold harmless PureChoice, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

19. Force Majeure

PureChoice will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, labor disputes, epidemics, pandemics, or other public health crises, interruptions or delays in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence beyond PureChoice's reasonable control. In the event of such an occurrence, PureChoice will make reasonable efforts to notify users and resume normal operations as soon as possible.

20. Amendments to the Agreement

20.1 Updates to Terms

PureChoice may amend this User Agreement by posting the amended terms on our website. Changes will take effect after 30 days from the date of posting. Your continued use of the Services after the effective date constitutes your acceptance of the amended terms.

20.2 Notification of Changes

PureChoice will make reasonable efforts to notify users of significant changes to these Terms and Conditions through email notifications or prominent notices on our platform.

21. Governing Law

This User Agreement is governed by and construed in accordance with the laws of the United States. Any disputes or legal actions arising from this agreement will be subject to the exclusive jurisdiction of the courts of Minnesota.

22. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.

23. Assignment

23.1 By PureChoice

PureChoice may assign or transfer its rights and obligations under these Terms and Conditions to any third party without prior notice.

23.2 By Users

Users may not assign or transfer their rights and obligations under these Terms and Conditions without the prior written consent of PureChoice.

24. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by PureChoice on the Services, shall constitute the entire agreement between you and PureChoice concerning the Services. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

25. Third-Party Links

25.1 External Links

The Services may contain links to third-party websites or services that are not owned or controlled by PureChoice. PureChoice has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

25.2 User Responsibility

You acknowledge and agree that PureChoice shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

26. Data Protection and Privacy Policy

26.1 Data Collection and Use

PureChoice collects and processes personal data as described in our Privacy Policy, which is incorporated by reference into these Terms and Conditions. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.

26.2 Privacy Policy

Our Privacy Policy, available at [link to Privacy Policy], provides detailed information on how we collect, use, and protect your personal information. We encourage you to review this policy regularly.

27. User Account Deletion and Data Retention

27.1 Account Deletion

Users may request the deletion of their account by contacting our customer support team. Upon receiving a deletion request, we will process it within a reasonable timeframe, typically within 30 days.

27.2 Data Retention

Even after account deletion, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

28. Age Restrictions and Parental Consent

28.1 Minimum Age Requirement

You must be at least 18 years old to use PureChoice's Services. By using the Services, you represent and warrant that you meet this age requirement.

28.2 Parental Consent

If you are under 18 but over the age of 13, you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

29. Notifications and Communications

29.1 Electronic Communications

When you use PureChoice Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website or through the Services.

29.2 Phone Communications

By providing PureChoice with your phone number, you agree that we may contact you by phone or text messages at that number for account-related and transactional purposes.

30. Survival

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

31. Waiver

The failure of PureChoice to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

32. Headings

The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

33. Contact Information

For any questions or concerns regarding this User Agreement or the Services, please contact our Grievance Officer at:

Eddie Schick – edward.schick2@gmail.com

By using or accessing the PureChoice platform, you acknowledge that you have read, understood, and agree to be bound by this User Agreement.

Last updated: October 2024