TERMS AND CONDITIONS OF YOUR USE OF THIS SITE
INTRODUCTION AND OVERVIEW
Please read and review the terms and conditions ("the Agreement") below carefully. This
Agreement summarizes the rules governing your use of MiniDonuts.com. The Agreement enables
the owners of MiniDonuts.com to offer an easy, secure and fair place for buyers and sellers
to meet and to enter into contracts with each other for the purchase and sale of equipment.
When you sell or but an item using the services of MiniDonuts.com, you are entering into a
legal contract with MiniDonuts.com in which you agree to abide by this Agreement in all
aspects of your use of MiniDonuts.com. Anyone using MiniDonuts.com, listing an item for
sale on MiniDonuts.com, buying an item for sale on MiniDonuts.com, requesting an item on
MiniDonuts.com, or participating as a buyer or seller on this site from time to time, will
be deemed to have consented to this Agreement. If you do not agree to these terms and
conditions, you may not use any services of MiniDonuts.com. As used in this Agreement,
"you" are an individual acting on your own behalf, or "you" are an agent of a person or
entity that has authorized you to act on that person's or entity's behalf.
This Agreement applies to your use of MiniDonuts.com, including the buying, selling, and
listing of items, and any other services offered here on MiniDonuts.com. The Services are
offered to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained in this Agreement. Your use of MiniDonuts.com and the Services
constitutes your binding consent to all such terms, conditions and notices.
ELIGIBILITY AND AUTHORIZED USE
Use of the Services is limited to persons who may lawfully enter into and form contracts
under applicable law. For example, minors are not allowed to use the Exchange services.
By using MiniDonuts.com, you warrant or certify that:
You are at least 18 years of age (or older, if required by applicable law) and possess the
legal authority to enter into this Agreement;
You agree to be financially responsible for all of your use of MiniDonuts.com (as well as
for use of your account by others, including without limitation minors living with you);
You agree to supervise and be responsible for all usage of minors of MiniDonuts.com under
your name or account; and
All information supplied by you or members of your household in using MiniDonuts.com,
including without limitation your name, e-mail address, street address, telephone number,
credit card number, and if you are selling goods, all information about your listed goods,
is true and accurate. Deliberate or reckless failure to provide accurate information may
result in appropriate legal action and, possibly, significant penalties.
Notwithstanding the foregoing or any other provision of this Agreement, MiniDonuts.com
reserves the right to refuse any listing, or to decline services to any person or company
for any reason in its sole discretion.
MiniDonuts.com functions as an online venue that facilitates the ability of persons to sell
and buy certain items that may be offered from time to time by MiniDonuts.com.
MiniDonuts.com does not sell any goods, does not inspect or review the actual goods listed
and therefore has no knowledge and currently offers no warranty regarding the quality,
merchantability, legality or safety of such goods; nor does MiniDonuts.com verify or warrant
the accuracy of the advertised claims or the ability of either buyers or sellers to complete
any transaction. Buyers and sellers control and are solely responsible for the actual
transaction, and MiniDonuts.com assumes no liability regarding any transaction among buyers
and sellers. At any time and in its sole and absolute discretion, MiniDonuts.com may amend,
modify, add, or delete any or all of its programs, products and services.
When you list items for sale on MiniDonuts.com, you must provide a factual, textual
description of the item, and you may place other descriptive, graphic, or photographic
information. All items must be placed in the appropriate category, and MiniDonuts.com
retains the right to stipulate such category, remove the item, or modify the description or
other information in its sole discretion.
As a seller, you give MiniDonuts.com the exclusive right to post your items on
MiniDonuts.com. You understand and agree that MiniDonuts.com cannot predict or guarantee
whether particular items that you list for sale will in fact be sold . Any suggestion,
comment, estimate or prediction by any employee, agent, representative, affiliate or other
person acting on behalf of MiniDonuts.com as to the sale price, if any, of a particular good
or goods, is an estimate only and is not binding on MiniDonuts.com.
You warrant that you have the right to sell the items that you list on MiniDonuts.com; and
that you or your principal either has clear legal title or the express written consent of
the lien holder, if any, to sell such goods. You agree to provide the buyer of such goods
with good, clear and merchantable title and you further agree to correct any title defects
and/or pay the costs associated with providing the buyer with good, clear and merchantable
title in accordance with applicable law.
As a buyer, you are obligated to complete the purchase of an item upon the seller's
acceptance of your offer . You may not retract your offer except in exceptional
circumstances, such as material misrepresentation by the seller or following material
modification of the merchandise description by the seller. A deposit of 10% of the agreed
purchase price of the item must be paid to MiniDonuts.com within three(3) days after your
offer has been accepted by the seller. The balance of the purchase price must be paid to the
seller within seven(7) days after your offer has been accepted by the seller, upon the terms
indicated by the seller, failing which the seller may, in his sole discretion, void the
agreement between you and the seller and determine that the deposit provided to
MiniDonuts.com will be forfeited to MiniDonuts.com as liquidated damages. You are totally
responsible for all charges and costs associated with the removal and transportation of the
purchased items from the seller's location.
All items and photographs are free to list. While your items are listed on MiniDonuts.com,
you are free to sell your items to anyone at anytime with no financial obligation to
MiniDonuts.com. In the event an item is sold through or in connection with the services of
MiniDonuts.com, the seller will pay to MiniDonuts.com a fee of TEN PERCENT (10%) of the gross
sale amount of the sold item. MiniDonuts.com further reserves the right to change any and
all fees from time to time.
MiniDonuts.com does not charge a fee to buyers.
TERMS OF SALE
A buyer must tender payment to the seller in US FUNDS. A deposit of 10% of the purchase
price must be paid with three(3) days from the time the seller accepts your offer to
MiniDonuts.com. The balance of the purchase price must be paid to the seller within seven(7) days
after your offer has been accepted by the seller, upon the terms indicated by the seller,
failing which the seller may, in his sole discretion, void the agreement between you and the
seller and determine that the deposit provided to MiniDonuts.com will be forfeited to
MiniDonuts.com as liquidated damages. Payment in US Funds is required to be made in the form
of a certified check, cashiers check, money order, cash, wire transfer of immediately
available funds, a corporate check accompanied with a bank letter of guarantee, or such
other form of liquid funds acceptable to the seller and MiniDonuts.com Without limiting
MiniDonuts.com's discretion, no corporate checks without a bank guarantee and no personal
checks will be accepted. No title shall pass to the buyer until the total amount of the
purchase price has been paid to the seller, or the sellers nominee, in collected funds.
If the buyer defaults in making timely payment, MiniDonuts.com shall be held harmless
against any and all related lawsuits and judgments arising therefrom.
As a seller, you acknowledge that MiniDonuts.com will retain a seller's fee of TEN PERCENT
(10%) US FUNDS, to be deducted from the amount tendered by the buyer.
MiniDonuts.com reserves the right to initiate legal action and collection efforts against
the seller and buyer for collection of the seller's fee if MiniDonuts.com learns that an
item listed for sale on MiniDonuts.com was sold by virtue of its listing on MiniDonuts.com
through direct negotiation between the buyer and seller that bypasses MiniDonuts.com.
MiniDonuts.com or its assigns shall be entitled to Solicitor/Client fees incurred in the
collection and enforcement of the seller's premium.
The purchase of any item from a seller at MiniDonuts.com is a transaction solely between
the buyer and the seller, and any question or dispute which may arise regarding any such
item should be addressed directly to the seller. MiniDonuts.com has no responsibility or
liability for any seller or your relationship with such seller.
You are responsible for paying the entire amount due to the seller. If applicable, the buyer
will be responsible for any assessed by the seller. In the event taxes are applicable, the
seller will advise you prior to accepting your offer of any such taxes, and the exact amount
of tax due. MiniDonuts.com has no responsibility whatsoever for any miscalculation or
omission by a seller of applicable taxes on any sale.
MODIFICATION OF THIS AGREEMENT
MiniDonuts.com reserves the right to amend this Agreement at any time. All modifications
and amendments will be posted on the MiniDonuts.com web site, and you are responsible for
regularly reviewing and understanding these modified or amended terms and conditions.
Unless otherwise specified by MiniDonuts.com or by law, any modifications or amendments
shall be effective immediately upon posting to this site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of MiniDonuts.com, you warrant that you will not use
MiniDonuts.com for any purpose that is unlawful or prohibited by this Agreement. You may not
use MiniDonuts.com in any manner that could damage, disable, overburden, or impair
MiniDonuts.com or any user of MiniDonuts.com, or interfere with any other party's use of
This Agreement is governed by the laws of the State of Forida, USA.
You hereby consent to the exclusive jurisdiction and venue of the Courts in the
State of Florida, USA, in all disputes arising out of or relating to the use of
MiniDonuts.com. Use of MiniDonuts.com is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without limitation
NO PROFESSIONAL ADVICE
Any information supplied by any employee or agent of MiniDonuts.com, whether by telephone,
e-mail, letter, facsimile or other form of communication, is intended solely as general
guidance, and does not constitute legal, tax, accounting or other professional advice.
Individual situations and state laws vary and users are encouraged to obtain appropriate
advice from qualified professionals in the applicable jurisdictions.
MiniDonuts.com provides its services "as is" and without any warranty or representation as
to condition, express or implied. All implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement are specifically disclaimed unless
otherwise stipulated by law.
MiniDonuts.com is not responsible for any communication or transaction among users. As a
user, you agree to release, indemnify and hold harmless MiniDonuts.com and its officers and
employees from any and all claims, demands and damages (whether actual and/or
consequential), including reasonable attorney's fees, resulting from or associated in any
way with your use of MiniDonuts.com, your violation of this Agreement or any applicable
laws or regulations, or your violation of any rights of another.
RELEASE FROM LIABILITY
MiniDonuts.com does not control the content or accuracy of any information, descriptions,
graphics, ratings, photographs or material submitted to the site by users, all of which are
the sole responsibility of the submitting user. You agree to release, indemnify and hold
harmless MiniDonuts.com and its officers and employees from any and all claims, demands and
damages (whether actual and/or consequential), resulting from or associated in any way with
any user-supplied content or postings.
RIGHT TO INDEPENDENT ACTION
MiniDonuts.com reserves the right, in its sole discretion, to take any independent action
it concludes is necessary or desirable to protect the interests of MiniDonuts.com and
eliminate or mitigate any potential liability or injury to any party which may arise.
LIMIT OF LIABILITY
In no event shall MiniDonuts.com nor its officers or employees be liable for lost sales,
profits or any incidental, indirect, consequential or punitive damages arising through its
actions, inaction or neglect because of or in connection with this Agreement, whether claim
is made under tort, contract or other theory of law. Unless otherwise specified by law, the
liability of MiniDonuts.com, its officers and employees to you or any party is limited to
the greater of a) the amount of fees you paid to MiniDonuts.com in the 12 months preceding
the action creating the liability, or b) $100, whether claim is made under tort, contract or
other theory of law.
The failure of MiniDonuts.com to enforce any terms of this Agreement or respond to a breach
by you or other parties shall not in any way waive its right to enforce subsequently any
terms or conditions of this Agreement or to act with respect to similar breaches.
USE OF THIS WEB SITE CONSTITUTES ACCEPTANCE BY THE MINIDONUTS.COM USER