This Umarex UX Airguns Air Javelin is a high-quality CO2-powered air pistol
that is perfect for outdoor sports enthusiasts. With its sleek design and
durable construction, this air pistol is sure to provide you with a fun and
exciting shooting experience.
The Umarex brand is known for its high-quality air guns and this model is no
exception. It is easy to use and provides consistent performance, making it a
great choice for both beginners and experienced shooters. So why wait? Order
your Umarex UX Airguns Air Javelin today and start enjoying the thrill of air
gun shooting.
Extras: four more arrows on top of the three that come with it , hologram red
or green dot with four settings and laser built into the sights, a sling, 5-
88gram CO2 cartridges, a pack of targets, and a case
User AgreemeSkip to main content
Skip to main content
the store Logo
My the storeYour shopping cart is emptyOpen Menu
Page navigation
Home
User Agreement
Search the store Help...
10 min article
User Agreement
1. Introduction
2. About the store
3. Using the store
4. Policy Enforcement
5. Fees and Taxes
6. Listing Conditions
7. Purchase Conditions
8. International Buying and Selling; Translation
9. Content
10. Notice for Claims of Intellectual Property Violations and Copyright
Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
11. Holds and Restricted Funds
12. Authorization to Contact You; Recording Calls; Analyzing Message Content
13. Additional Terms
14. Payment Services
15. Disclaimer of Warranties; Limitation of Liability
16. Release
17. Indemnity
18. Legal Disputes
19. General
This User Agreement is effective upon acceptance for new users, and from
October 28, 2023 for existing users. The previous amendment to this User
Agreement was effective for all users on October 28, 2022.
1. Introduction
This User Agreement, the Mobile Application Terms of Use, and all policies and
additional terms posted on and in our sites, applications, tools, and services
collectively "Services") set out the terms on which the store offers you
access to and use of our Services. You can find an overview of our policies
here. The Mobile Application Terms of Use, all policies, and additional terms
posted on and in our Services are incorporated into this User Agreement. You
agree to comply with all terms of this User Agreement when accessing or using
our Services.
The entity you are contracting with is: the store Inc., 2025 Hamilton Ave.,
San Jose, CA 95125, if you reside in the United States; the store (UK) Limited,
1 More London Place, London, SE1 2AF, United Kingdom, if you reside in the
United Kingdom; the store GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow,
Germany, if you reside in the European Union; the store Canada Limited, 240
Richmond Street West, 2nd Floor Suite 02-100, Toronto, ON, M5V 1V6, Canada, if
you reside in Canada; the store Singapore Services Private Limited, 1 Raffles
Quay, #18- 00, Singapore 048583, if you reside in India; and the store
Marketplaces GmbH, Helvetiastrasse 15/17, CH-3005, Bern, Switzerland, if you
reside in any other country. In this User Agreement, these entities are
individually and collectively referred to as "the store," "we," or "us."
If you reside in India and you register for our Services, you further agree to
the the store.in User Agreement - opens in new window or tab.
Please be advised that this User Agreement contains provisions that govern how
claims you and we have against each other are resolved (see "Disclaimer of
Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It
also contains an Agreement to Arbitrate which will, with limited exception,
require you to submit claims you have against us or our agents to binding and
final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal
Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out: (1) you
will only be permitted to pursue claims against us or our agents on an
individual basis, not as a plaintiff or class member in any class or
representative action or proceeding, and (2) you will only be permitted to seek
relief (including monetary, injunctive, and declaratory relief) on an
individual basis.
2. About the store
the store is a marketplace that allows users to offer, sell, and buy goods and
services in various geographic locations using a variety of pricing formats.
the store is not a party to contracts for sale between third-party sellers and
buyers, nor is the store a traditional auctioneer.
Any guidance the store provides as part of our Services, such as pricing,
shipping, listing, and sourcing is solely informational and you may decide to
follow it or not. We may help facilitate the resolution of disputes between
buyers and sellers through various programs. Unless otherwise expressly
provided, the store has no control over and does not guarantee: the existence,
quality, safety, or legality of items advertised; the truth or accuracy of
users' content or listings; the ability of sellers to sell items; the ability
of buyers to pay for items; or that a buyer or seller will actually complete a
transaction or return an item.
3. Using the store
In connection with using or accessing our Services you agree to comply with
this User Agreement, our policies, our terms, and all applicable laws, rules,
and regulations, and you will not:
breach or circumvent any laws, regulations, third-party rights or our systems,
Services, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for
example, if you are under 18 years old), or are temporarily or indefinitely
suspended from using our Services, or are a person with whom transactions are
prohibited under economic or trade sanctions;
fail to pay for items purchased by you, unless you have a valid reason as set
out in an the store policy, for example, where the seller has materially
changed the item's description after you bid (see our Unpaid item policy);
fail to deliver items sold by you, unless you have a valid reason as set out
in an the store policy;
manipulate the price of any item or interfere with any other user's listings;
take any action that may undermine the feedback or ratings systems (our
Feedback policies);
transfer your the store account (including feedback) and user ID to another
party without our consent;
share your log in credentials with any third parties. If you require that
authorized third parties (employees, agents, etc.) have access to your account
we offer a Multi-User Account Access program for that purpose.
create listings, post, or upload content in inappropriate categories or areas
on our sites;
engage in gambling;
post false, inaccurate, misleading, deceptive, defamatory, libelous, or
illegal content;
distribute or post spam, unsolicited or bulk electronic communications, chain
letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the store or the
interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and
extraction tools, or other automated means to access our Services for any
purpose, except with the prior express permission of the store;
circumvent any technical measures used to provide our Services;
interfere with the functioning of our Services, such as by imposing an
unreasonable or disproportionately large load on our infrastructure;
export or re-export any the store application or tool, except in compliance
with the export control laws, and rules and policies of any relevant
jurisdictions;
infringe the , trademark, patent, publicity, moral, database, and/or
other intellectual property rights (collectively, "Intellectual Property
Rights") that belong to or are licensed to the store. Some, but not all,
actions that may constitute infringement are reproducing, performing,
displaying, distributing, copying, reverse engineering, decompiling,
disassembling, or preparing derivative works from content that belongs to the
store or someone else;
infringe any Intellectual Property Rights that belong to third parties
affected by your use of our Services or post content that does not belong to
you;
commercialize any the store application or any information, data, or software
associated with such application, except with the prior express permission of
the store; or
harvest or otherwise collect or use information about users without their
consent.
Sellers must meet the store's minimum performance standards. Failure to meet
these standards may result in the store charging sellers additional fees,
and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are violating this User Agreement or any of our policies, or
abusing the store and/or our Services in any way, we may, in our sole
discretion and without limiting other remedies, limit, suspend, or terminate
your user account(s) and access to our Services, delay or remove hosted
content, remove any special status associated with your account(s), remove, not
display, and/or demote listings, reduce or eliminate any discounts, and take
technical and/or legal steps to prevent you from using our Services. We may
offer a process allowing users to report claimed violations for us to consider
and handle through one or more of these options, all in our sole discretion.
If we believe you are violating our policies prohibiting Offers to buy or sell
outside of the store, you may be subject to a range of actions, including
limits on your buying and selling privileges, restrictions on listings and
account features, suspension of your account, application of fees, and recovery
of expenses for policy monitoring and enforcement. Also, as provided below in
the Fees and Taxes section, if we believe you are violating our policy on
buying or selling outside of the store, you may be charged final value fees.
We may cancel unconfirmed accounts or accounts that have been inactive for a
substantial period of time. Additionally, we reserve the right to refuse,
modify, or terminate all or part of our Services to anyone for any reason at
our discretion.
4. 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.
5. Fees and Taxes
We 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 the store 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 the store. 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 the store, 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 the store
Payments Entities (as defined below) may collect amounts owed in the manner
described in the Payments Terms of Use - opens in new window or tab, and late
fees will apply. the store, 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. If you wish to dispute the information the store
reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please
contact us at the store Inc., c/o Global Collections, 7700 West Parmer Lane,
Building D, Austin, TX 78729. If you wish to dispute the information a
collection agency reported to a credit bureau regarding your the store account,
you must contact the collection agency directly.
6. Listing Conditions
When listing an item for sale on our Services, you agree to comply with the
store's Listing policies and Selling practices policy and also agree that:
You assume full responsibility for the item offered and the accuracy and
content of the listing, including listing content created using tools offered
by the store or third parties such as translation, image editing, and
generative artificial intelligence tools,
Your listing may not be immediately searchable by keyword or category for
several hours (or up to 24 hours in some circumstances). the store can't
guarantee exact listing duration,
Your fixed-price listings may renew automatically every calendar month, based
on the listing terms at the time, until all quantities sell or the listing is
ended by you or the store, in its sole discretion,
The content you provide complies with all of our listing policies, including
the Images, videos and text policy,
Content that violates any of the store's policies may be modified, obfuscated,
or deleted at the store's sole discretion,
We may revise product data associated with listings to supplement, remove, or
correct information,
We strive to create a marketplace where buyers find what they are looking for.
Therefore, the appearance or placement of listings in search and browse results
will depend on a variety of factors, including, but not limited to:
buyer's location, search query, browsing site, and history;
item's location, listing format, price and shipping cost, terms of service,
end time, history, and relevance to the user query;
seller's history, including listing practices, Detailed Seller Ratings, the
store policy compliance, feedback, and defect rate; and
number of listings matching the buyer's query,
To drive a positive user experience, a listing may not appear in some search
and browse results regardless of the sort order chosen by the buyer,
Some advanced listing upgrades will only be visible on some of our Services,
the store's Duplicate listings policy may also affect whether your listing
appears in search results,
Metatags and URL links that are included in a listing may be removed or
altered,
We may provide you with optional information to consider when creating your
listings. Such information may be based on the aggregated sales and performance
history of similar sold and/or current listings; results may vary for
individual listings. You agree that we may display the sales and performance
history of your individual listings to other sellers,
Artificial intelligence-based tools may be used to provide you with content;
availability and accuracy of these tools and content are not guaranteed,
For items listed in certain categories, subject to certain programs, and/or
offered or sold at certain price points, the store may require the use of
certain payment methods, subject to our Payments methods policy. For example,
for inventory covered by authentication or storage services, buyer and sellers
may be subject to escrow and/or payment handling requirements,
You will not sell and will promptly remove all listings for any product
recalled by a manufacturer or governmental agency if the sale of the product is
prohibited by law or regulation or if the product poses a health or safety
hazard as specified by any governmental agency. the store has no responsibility
or liability for the safety or performance of any product that you list or sell
using our Services, including any product that is subject to a recall. You are
solely responsible for any non-conformity or defect in, or compliance with any
public or private recall of, any product you list or sell using our Services,
the store may publish and promote your listings, including related content
such as username, product reviews and feedback on the websites or in the
applications, services, and tools of other the store Inc. corporate family
members or cooperating third-party operators of websites, applications,
services, and tools, and
Selling fees do not purchase exclusive rights to item exposure on our
Services. We may display third-party advertisements (including links and
references thereto) or other content in any part of our Services, including
listings, in our sole discretion and without consent from, or payment, fee
reduction, or other credit to, sellers.
7. Purchase Conditions
When buying an item using our Services, you agree to the Rules and policies
for buyers and that:
You are responsible for reading the full item listing before making a bid or
offer, buying, or committing to buy,
You enter into a legally binding contract to purchase an item when you buy the
item, commit to buy the item, your offer for the item is accepted, you have the
winning bid for the item, or your bid for the item is otherwise accepted,
regardless of when payment is due or received,
For motor vehicles and real estate, a bid or offer initiates a non-binding
transaction representing a buyer's serious expression of interest in buying the
seller's item and does not create a formal contract between the buyer and the
seller,
We do not transfer legal ownership of items from the seller to you,
Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2)
apply to the transfer of ownership between the buyer and the seller, unless the
buyer and the seller agree otherwise.
8. International Buying and Selling; Translation
Given the nature of the store's global marketplace, listings may be viewed and
purchased by, and shipped to, buyers around the world. Many of our Services are
accessible internationally. We offer certain programs, tools, and experiences
of particular interest to international sellers and buyers, such as estimated
local currency conversion and international shipping calculation tools. If, as
a seller, you do not want your item to be sold to buyers internationally, you
can exclude countries or regions you don't want to ship to by adjusting your
shipping settings as provided in the International selling policy. Sellers and
buyers are responsible for complying with all laws and regulations applicable
to the international sale, purchase, and shipment of items.
If you purchase an item on an the store site that is different from your
registration site, you are subject to the User Agreement and applicable
policies of that other the store site with respect to that particular purchase,
as detailed in the International selling policy.
For sellers, you agree that we may display your listing for sale on an the
store site other than the site where you listed your item for sale, based on
your shipping settings. You may adjust these settings as detailed in the
International selling policy. If you list your items with an international
shipping option, the appearance of your listings on sites other than the
listing site is not guaranteed. If you sell an item on an the store site that
is different from your registration or listing site, you are subject to the
User Agreement and applicable policies, including any buyer protection
programs, of that other the store site with respect to that particular sale, as
detailed in the International selling policy.
You authorize us to use automated tools to translate your the store content,
including member-to-member communications, in whole or in part, into local
languages where such translation solutions are available. We may provide you
with tools which will enable you to translate content at your request. The
accuracy and availability of any translation are not guaranteed.
One of the ways we make the store.com listings available to international
buyers is through the the store International Shipping Program ("EIS"). EIS
enables buyers to obtain parcel processing, international shipping, and customs
clearance services. It is facilitated by the store through third-party service
providers that the store has contracted with to operationalize the program. By
listing your item on the store.com you agree to the EIS Terms and Conditions -
opens in new window or tab. If you choose not to participate in EIS, you can
opt out of the program by updating your shipping preferences.
9. Content
When you provide content using our Services (directly or indirectly), you
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable (through multiple tiers) right to exercise any and all
Intellectual Property Rights you have in that content in connection with our
provision, expansion, and promotion of our Services, including development of
new offerings as part of our Services, in any media known now or developed in
the future. To the fullest extent permitted under applicable law, you waive
your right to enforce your Intellectual Property Rights in that content against
the store, our assignees, our sublicensees, and their assignees in connection
with our, those assignees', and those sublicensees' use of that content in
connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or
otherwise control all necessary rights to do so and to meet your obligations
under this User Agreement. You represent and warrant that such content is
accurate, appropriate, and legal. You represent and warrant that use of any
such content (including derivative works) by us, our users, or others in
contract with us, and in compliance with this User Agreement, does not and will
not infringe any Intellectual Property Rights of any third party. the store
takes no responsibility and assumes no liability for any content provided by
you or any third party.
We offer product data (including images, descriptions and specifications) that
are provided by third parties (including the store users). You may use that
content solely in your the store listings. the store may modify or revoke such
permission at any time in our sole discretion. The product data includes
ed, trademarked, and other proprietary materials. You agree not to
remove any , proprietary, or identification markings in the product
data and not to create any derivative works based on that data (other than by
including the data in your listings).
We try to offer reliable product data, but we cannot promise that the content
provided through our Services will always be available, accurate, complete, and
up-to-date. You agree that the store is not responsible for examining or
warranting the listings or content provided by third parties through our
Services, and that you will not attempt to hold us or our data providers liable
for inaccuracies.
The name "the store" and other the store marks, logos, designs, and phrases
that we use in connection with our Services are trademarks, service marks, or
trade dress of the store in the U.S. and other countries. They may not be used
without the express written prior permission of the store.
10. Notice for Claims of Intellectual Property Violations and Copyright
Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged infringement under the United
States Digital Millennium Copyright Act. the store's Verified Rights Owner
VeRO) program works to ensure that items and content using our Services do not
infringe upon the , trademark, or certain other intellectual property
rights of third parties. If you believe that your intellectual property rights
have been infringed, please notify our VeRO team and we will investigate. Learn
how to submit a notice to the store - opens in new window or tab.
11. Holds and Restricted Funds
To protect the store from risk of liability for your actions as a seller, the
store Payments Entities (as defined below) may restrict access to your funds as
described in the Payments Terms of Use - opens in new window or tab.
12. Authorization to Contact You; Recording Calls; Analyzing Message Content
the store may contact you using autodialed or prerecorded calls and text
messages, at any telephone number that you have provided us, to: (i) notify you
regarding your account; (ii) troubleshoot problems with your account; (iii)
resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys
or questionnaires; or (vi) as otherwise necessary to service your account or
enforce this User Agreement, our policies, applicable law, or any other
agreement we may have with you. the store may also contact you using autodialed
or prerecorded calls and text messages for marketing purposes (e.g., offers and
promotions), if you consent to such communications. Our collection, use,
disclosure, retention, and protection of your personal information is governed
by our User Privacy Notice. As described in our User Privacy Notice, the store
may collect other telephone numbers for you and may place manual non-marketing
calls to any of those numbers and autodialed non-marketing calls to any
landline. Standard telephone minute and text charges may apply and may include
overage fees if you have exceeded your plan limits. You may change your
marketing communications preference for calls at any time, including through
the Communication Preferences - opens in new window or tab section of your My
the store - opens in new window or tab. You may also opt-out of a specific text
marketing campaign by replying "STOP" to such marketing text message.
the store may share your telephone number with its authorized service
providers as stated in our User Privacy Notice. These service providers may
contact you using autodialed or prerecorded calls and text messages, only as
authorized by the store to carry out the purposes identified above.
the store may, without further notice or warning and in its discretion,
monitor or record telephone conversations you or anyone acting on your behalf
has with the store or its agents for quality control and training purposes, or
for its own protection.
the store's automated systems scan and analyze the contents of every message
sent through its messages platform, including messages between users, to detect
and prevent fraudulent activity or violations of the store's User Agreement,
including the incorporated terms, notices, rules, and policies. This may result
in a manual review of messages sent through our messaging tools. This scanning
and analysis may occur before, during, or after the message is sent, or while
in storage, and may result in your message being delayed or withheld. the store
may store message contents, including to conduct this scanning and analysis.
Privacy of Others; Marketing
If the store provides you with information about another user, you agree you
will use the information only for the purposes that it is provided to you. You
may not disclose or distribute a user's information to a third party for
purposes unrelated to our Services. Additionally, you may only send marketing
communications to users who have consented to receive them in accordance with
applicable laws, and only using the store Services.
13. Additional Terms
Returns and cancellations for sellers
Sellers can create rules to automate replacements, returns, and refunds under
certain circumstances. For all new sellers, in listings where returns are
accepted, the store will set a default rule that automates the return process.
Sellers may remove or customize their return preferences in their account
settings within My the store. Where settings have been set to automatically
accept requests for returns or replacements, an the store-generated return
shipping label will be provided to your buyer. You agree to comply with our
returns policy.
When an item is returned or if a transaction is canceled after payment has
been completed, the store may issue a refund to the buyer on the seller's
behalf and charge the seller for the amount of the refund.
Additionally, the store may charge sellers for the cost of return shipping
labels and/or other reasonable fees from sellers when:
An the store-generated return shipping label is used, and the seller is
responsible for its cost;
Returns have been automated;
The seller fails to send the buyer a return shipping label and, instead, an
the store-generated shipping label is used; and/or
The item is not as described in the listing and is returned in accordance with
the store Money Back Guarantee or other applicable terms.
the store or the store Payment Entities may invoice sellers for these charges
and collect such charges as described in the Payments Terms of Use - opens in
new window or tab.
All seller cancellations of orders must be in accordance with our Order
cancellation policy.
Returns and cancellations for buyers
Buyers generally do not have the right to cancel an order. Buyers can request
to cancel an order on the store within the time period and as provided in our
Order cancellation policy, and the seller will have 3 days to accept or decline
the request. If the order cannot be canceled, buyers may still be permitted to
return the item if the item is eligible for return.
In certain instances, a buyer may be responsible for the cost of return
shipping for an item returned to a seller. If the buyer is responsible for the
return shipping costs, the buyer may elect to use an the store-generated
shipping label or purchase a shipping label directly from a carrier. By
choosing to use an the store-generated shipping label, you (as a buyer) agree
that the store may deduct the cost of the shipping label from the refund owed
to you.
the store Money Back Guarantee
Most the store sales go smoothly, but if there's a problem with a purchase
covered by the store Money Back Guarantee, buyers can get their money back if
an item didn't arrive, is faulty or damaged, or doesn't match the listing. You
agree to comply with the policy and permit us to make a final decision on any
the store Money Back Guarantee case.
If you (as seller) choose to reimburse a buyer, or are required to reimburse a
buyer or the store under the the store Money Back Guarantee, the store or the
store Payments Entities may invoice you in the amount of the reimbursement, or
collect the amount of the reimbursement from you as described in the Payments
Terms of Use - opens in new window or tab. If we cannot get reimbursement from
you, we may collect the outstanding sums using other collection mechanisms,
including retaining collection agencies.
We may suspend the the store Money Back Guarantee in whole or in part without
notice if we suspect abuse or interference with the proper working of the
policy. You agree to make us whole for any losses, including expenses we incur
to recoup such losses, arising out of your abuse of the the store Money Back
Guarantee, or any fraud you commit in connection with the the store Money Back
Guarantee.
Recommendations
the store may offer personalized recommendations to you to provide a relevant
and engaging experience, helping you sell or buy items of interest to you.
These recommendations may consider data related to your the store activity, the
item, and seasonality, among other factors.
14. Payment Services
Payments for goods and services sold using our Services are facilitated by
designated the store entities (each, an "the store Payment Entity") pursuant to
the Payments Terms of Use - opens in new window or tab. You agree to the
Payments Terms of Use - opens in new window or tab to the extent applicable to
you. To receive payment for an item sold using our Services, you must accept
and comply with the Payments Terms of Use - opens in new window or tab,
including the requirements to provide to the store Payment Entities information
about you, your business, and the financial account you will use to receive
payments.
If you are a buyer:
You may pay for items and services using the payment methods that the the
store Payment Entities make available, and the the store Payment Entities will
manage settlement of the payment to sellers. When buying on our Services, you
authorize the the store Payment Entity to initiate payments using your selected
payment method and collect the transaction amounts on behalf of the seller. 
Accordingly, payments received by the the store Payment Entity from you will
satisfy your obligations to pay the seller in the amount of payments received.
In certain instances, your transaction may be declined, frozen, or held for
any reason including for suspected fraud, Anti-Money Laundering ("AML")
compliance, compliance with economic or trade sanctions, in connection with the
store's internal risk controls or due to potential violations of any policy of
the store or the the store Payment Entity, or a policy of one of the Payment
Entity's third-party payment services providers.
the store, the the store Payment Entity or its affiliates may save payment
information, such as credit card or debit card numbers, and card expiration
dates, entered by you on our Services when you make a purchase, redeem a
coupon, or make any other transaction on our Services where card information is
entered. Such stored payment information may be used as your default payment
method for future transactions on our Services. At any time, you can update
your card information or enter new card information, at which point the new
card information shall be stored as your default payment method. You may make
changes to your default payment method through the payment section in My the
store. You are responsible for maintaining the accuracy of information we have
on file, and you consent to the store updating such stored information from
time to time based on information provided by you, your bank or other payments
services providers. You will only provide information about payment methods
that you are authorized to use. By placing a payment method on file with us,
you authorize the store Payment Entities to charge your payment method(s) for
any and all amounts arising from your use of our Services, including charges to
recover the proceeds of any fraud perpetrated by you, or charges necessary to
recoup amounts refunded to you in error.
You may seek returns or cancellations on our Services, or file the store Money
Back Guarantee claims on our Services. If you are entitled to a refund, the the
store Payment Entities will issue the refund if the the store Payment Entities
processed the original payment. Refund timing may vary in accordance with the
rules of third parties, such as credit and debit card networks.
You agree to comply with, and not cause a third party to violate, all
applicable laws, regulations, rules and terms and conditions in connection with
the use of the services provided by the the store Payment Entities. You
understand that some third parties, such as credit and debit card issuers,
credit and debit card networks and payments services providers, may have their
own terms and conditions for the payment or settlement methods you choose to
use in connection with managed payments transactions. Failure to abide by
third-party terms and conditions may result in fees assessed to you (for
example, currency conversion fees from your credit card issuer if the
transaction currency is different from your credit card currency) or other
actions taken by such third parties, and you agree that the the store Payment
Entity has no control over, or responsibility or liability for, such fees or
actions.
15. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we
cannot guarantee the continuous operation of or access to our Services. Bid
update and other notification functionality in the store's applications may not
occur in real time. Such functionality is subject to delays beyond the store's
control.
You agree that you are making use of our Services at your own risk, and that
they are being provided to you on an "AS IS" and "AS AVAILABLE" basis.
Accordingly, to the extent permitted by applicable law, we exclude all express
or implied warranties, terms and conditions including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, and
non-infringement.
In addition, to the extent permitted by applicable law, in no event will the
store (including our parent, subsidiaries, and affiliates, and our and their
officers, directors, agents, and employees) be liable to you or any third party
under any claim at law or in equity for any consequential damages or losses
including, but not limited to, loss of money, goodwill or reputation, profits,
other intangible losses, or any special, indirect, or consequential damages),
and all such damages or losses are expressly excluded by this User Agreement
whether or not they were foreseeable or the store was advised of such damages
or losses. Without limiting the generality of the foregoing, we (including our
parent, subsidiaries, and affiliates, and our and their officers, directors,
agents, and employees) are not liable, and you agree not to hold us
responsible, for any damages or losses (including, but not limited to, loss of
money, goodwill or reputation, profits, other intangible losses, or any
special, indirect, or consequential damages) resulting directly or indirectly
from:
the content you provide (directly or indirectly) using our Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by the store;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our
Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any the store Service;
the content, actions, or inactions of third parties, including items listed
using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of
the Using the store section above;
the duration or manner in which your listings appear in search results as set
out in the Listing Conditions section above; or
your need to modify practices, content, or behavior, or your loss of or
inability to do business, as a result of changes to this User Agreement or our
policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our
liability to you or to any third party is limited to the greatest of (a) any
amounts due under the the store Money Back Guarantee up to the price the item
sold for on the store (including any applicable sales tax) plus its original
shipping costs, (b) the amount of fees in dispute, not to exceed the total fees
you paid to us in the 12 months prior to the action giving rise to the
liability, or (c) $100.
16. Release
If you have a dispute with one or more users, you release us (and our
affiliates and subsidiaries, and our and their respective officers, directors,
employees, and agents) from claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes. In entering into this release, you
expressly waive any protections (whether statutory or otherwise) that would
otherwise limit the coverage of this release to include only those claims which
you may know or suspect to exist in your favor at the time of agreeing to this
release.
17. Indemnity
You will indemnify and hold us (including our affiliates and subsidiaries, as
well as our and their respective officers, directors, employees, and agents)
harmless from any claim or demand, including reasonable legal fees, made by any
third party due to or arising out of your breach of this User Agreement, your
improper use of our Services or your breach of any law or the rights of a third
party.
18. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A
SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE
RESOLVED.
In this Legal Disputes section, the term "related third parties" includes your
and the store's respective affiliates, subsidiaries, parent companies,
predecessors, successors, assigns, as well as your, the store's, and these
entities' respective employees and agents.
You and the store each agree that any and all claims or disputes at law or
equity that has arisen, or may arise, between you and the store (or any related
third parties) that relate in any way to or arise out of this or previous
versions of this User Agreement, your use of or access to the Services, the
actions of the store or its agents, or any products or services sold, offered,
or purchased through the Services, will be resolved in accordance with the
provisions set forth in this Legal Disputes section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal
law, the laws of the State of Utah, without regard to principles of conflict of
laws, will govern this User Agreement and any claim or dispute that has arisen
or may arise between you and the store, except as otherwise stated in this User
Agreement.
B. Agreement to Arbitrate
You and the store each agree that any and all disputes or claims that have
arisen, or may arise, between you and the store (or any related third parties)
that relate in any way to or arise out of this or previous versions of the User
Agreement, your use of or access to our Services, the actions of the store or
its agents, or any products or services sold, offered, or purchased through our
Services shall be resolved exclusively through final and binding arbitration,
rather than in court, subject to any exemptions listed in this section.
The Federal Arbitration Act ("FAA") and, to the extent not inconsistent with
the FAA, the law of the State of Utah without regard to principles of conflict
of laws govern the interpretation and enforcement of this Agreement to
Arbitrate.
Exemption - Small Claims Court Claims
Notwithstanding the parties' agreement to resolve all disputes through
arbitration, either party may seek relief in a small claims court for disputes
or claims within the scope of that court's jurisdiction and on an individual
non-class) basis only. If a party initiates an arbitration asserting a claim
that falls within the jurisdiction of a small claims court, the other party
may, in its discretion, require that the arbitration demand be withdrawn and
that the claim be filed in small claims court.
Any dispute about whether a claim falls within any given small claims court's
jurisdiction will be resolved by that court, not by an arbitrator. In the event
of any such jurisdictional dispute, the arbitration proceeding will remain
closed unless and until the small claims court issues a decision that the claim
should proceed in arbitration.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND EBAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON
AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
UNLESS BOTH YOU AND EBAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR
JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE
OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY
GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL
PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF SOUGHT
BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT BE GRANTED TO OR
AFFECT OTHER USERS. If a court decides that applicable law precludes
enforcement of any of this paragraph's limitations as to a particular claim or
a particular request for a remedy (such as a request for injunctive relief),
then that claim or that remedy request (and only that claim or that remedy
request) must be severed from the arbitration and may be brought in court
pursuant to Section 18.C below), subject to your and the store's right to
appeal the court's decision. All other claims will be arbitrated.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a
neutral arbitrator instead of a judge or jury, and court review of an
arbitration award is very limited. However, an arbitrator can award the same
damages and relief on an individualized basis that a court can award to an
individual. An arbitrator will apply the terms of the User Agreement as a court
would. All issues are for the arbitrator to decide, except that issues relating
to arbitrability, the scope or enforceability of this Agreement to Arbitrate,
or the interpretation of Section 2 of this Agreement to Arbitrate ("Prohibition
of Class and Representative Actions and Non-Individualized Relief"), shall be
for a court of competent jurisdiction to decide as set forth under Section 18.C
below.
The arbitration will be administered by the American Arbitration Association
AAA") under its rules and procedures, including the AAA's Consumer
Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's
International Centre for Dispute Resolution Rules (as applicable), as modified
by this Agreement to Arbitrate. Absent mutual written agreement of the parties,
the AAA shall decide which AAA rules apply to the arbitration. The AAA's rules
are available at www.adr.org - opens in new window or tab and www.icdr.org -
opens in new window or tab. In the event that the AAA is unavailable to
administer the arbitration, another administrator will be selected by the
parties or, if the parties cannot reach agreement, the court (pursuant to
Section 18.C below) shall select the administrator.
A party who intends to seek arbitration must first send to the other, by
certified mail, a valid Notice of Dispute ("Notice"), which may be downloaded
at this link - opens in new window or tab. The Notice to the store must be sent
to the store Inc., Attn: Litigation Department, Re: Notice of Dispute, 583 W.
the store Way, Draper, UT 84020. the store will send any Notice to you to the
physical address we have on file associated with your the store account; it is
your responsibility to keep your physical address up to date. To be valid, you
must personally sign the Notice and complete all information on the Notice
form, including a description of the nature and basis of the claims you are
asserting, the specific relief sought, and the email address and phone number
associated with your account.
If you and the store are unable to resolve the claims described in a valid
Notice within 30 days after the store receives that Notice, you or the store
may initiate arbitration or small claims proceedings. A form for initiating
arbitration proceedings is available on the AAA's site at www.adr.org. In
addition to filing this form with the AAA in accordance with its rules and
procedures, the party initiating the arbitration must mail a copy of the
completed form to the opposing party. You may send a copy to the store at the
following address: the store, Inc. c/o CT Corporation System, 1108 E South
Union Ave., Midvale, UT 84047. In the event the store initiates an arbitration
against you, it will send a copy of the completed form to the physical address
we have on file associated with your the store account; it is your
responsibility to keep your physical address up to date. Any settlement offer
made by you or the store shall not be disclosed to the arbitrator.
If you are a resident of the United States, then the arbitration hearing shall
be held in the county in which you reside or at another mutually agreed
location. If you are not a resident of the United States, then the arbitration
hearing will be held in Salt Lake County, Utah, United States, or another
mutually agreed location. Where no disclosed claims or counterclaims exceed
25,000, the dispute shall be resolved by the submission of documents only,
subject to the arbitrator's discretion to require an in-person hearing, if the
circumstances warrant. In cases where an in-person hearing is held, you and/or
the store may attend remotely, unless the arbitrator requires otherwise. The
language of the arbitration will be English.
The arbitrator will decide the substance of all claims in accordance with
applicable law, including recognized principles of equity, and will honor all
claims of privilege recognized by law. The arbitrator shall not be bound by
rulings in prior arbitrations involving different users, but shall be bound by
rulings in prior arbitrations involving the same the store user to the extent
required by applicable law. The arbitrator's award shall be final and binding,
and judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by
the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you
complied with the Notice of Dispute procedures of Section 3 of this Agreement
Arbitration Procedures"), and the value of the relief sought is $10,000 or
less, at your request, the store will pay all administration and arbitrator
fees associated with the arbitration. Any request for payment of fees by the
store should be submitted by mail to the AAA along with your Demand for
Arbitration and the store will make arrangements to pay administration and
arbitrator fees directly to the AAA. In the event the arbitrator determines the
claim(s) you assert in the arbitration to be frivolous, you agree to reimburse
the store for all fees associated with the arbitration that have been paid by
the store on your behalf that you otherwise would have been obligated to pay
under the AAA's rules.
Severability
With the exception of any of the provisions in Section 2 of this Agreement to
Arbitrate ("Prohibition of Class and Representative Actions and
Non-Individualized Relief"), if an arbitrator or court decides that any part of
this Agreement to Arbitrate is invalid or unenforceable, the other parts of
this Agreement to Arbitrate shall still apply.
Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT
TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT
NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE
DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE
OPT-OUT NOTICE TO EBAY INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE,
583 WEST EBAY WAY, DRAPER, UT 84020.
For your convenience, we are providing an Opt-Out Notice form - opens in new
window or tab. You must complete, sign and mail that to us in order to opt out
of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by
providing the information called for in the form, including your name, address
including street address, city, state, and zip code), and the user ID(s) and
email address(es) associated with the the store Service account(s) to which the
opt-out applies. You must sign the Opt-Out Notice for it to be effective. This
procedure is the only way you can opt out of the Agreement to Arbitrate. If you
opt out of the Agreement to Arbitrate, all other parts of this User Agreement
and its Legal Disputes section will continue to apply to you. Opting out of
this Agreement to Arbitrate has no effect on any previous, other, or future
arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and
we agree that if we make any amendment to this Agreement to Arbitrate (other
than an amendment to any notice address or site link provided herein) in the
future, that amendment shall not apply to any claim that was filed in a legal
proceeding against the store prior to the effective date of the amendment. The
amendment shall apply to all other disputes or claims governed by the Agreement
to Arbitrate that have arisen or may arise between you and the store. We will
notify you of amendments to this Agreement to Arbitrate by posting the amended
terms on www.the store.com at least 30 days before the effective date of the
amendments and by providing notice through the the store Message Center and/or
by email. If you do not agree to these amended terms, you may close your
account within the 30-day period and you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
If the Agreement to Arbitrate above is found not to apply to you or to a
particular claim or dispute, either as a result of your decision to opt out of
the Agreement to Arbitrate or as a result of a decision by the arbitrator or a
court order, you agree that any claim or dispute between you and the store will
be resolved exclusively by a state or federal court located in Salt Lake
County, Utah. You and the store agree to submit exclusively to the personal
jurisdiction of the courts located within Salt Lake County, Utah for the
purpose of litigating all such claims, disputes, or matters.
19. General
Except as otherwise provided in this User Agreement, if any provision of this
User Agreement is held to be invalid, void or for any reason unenforceable,
such provision shall be struck out and shall not affect the validity and
enforceability of the remaining provisions. In our sole discretion, we may
assign this User Agreement, and in such event, we will post notice on
www..com - opens in new window or tab.
Headings are for reference purposes only and do not limit the scope or extent
of such section. Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or similar breaches.
We do not guarantee we will take action against all breaches of this User
Agreement.
We may amend this User Agreement at any time by posting the amended terms on
www.the store.com. Our right to amend the User Agreement includes the right to
modify, add to, or remove terms in the User Agreement. We will provide you 30
days' notice by posting the amended terms. Additionally, we will notify you
through the the store Message Center and/or by email. Your continued access or
use of our Services constitutes your acceptance of the amended terms. We may
also ask you to acknowledge your acceptance of the User Agreement through an
electronic click-through. This User Agreement may not otherwise be amended
except through mutual agreement by you and an the store representative who
intends to amend this User Agreement and is duly authorized to agree to such an
amendment.
Without limiting the store's ability to refuse, modify, or terminate all or
part of our Services, the store may also terminate this Agreement with anyone
at any time for any reason, at our sole discretion, by giving notice of such
termination.
The policies and terms posted on our Services may be changed from time to
time. Changes take effect when we post them on the the store Service.
If you create or use an account on behalf of a business entity, you represent
that you are authorized to act on behalf of such business and bind the business
to this User Agreement. Such account is owned and controlled by the business
entity. No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this User
Agreement.
The User Agreement and all terms and policies posted through our Services set
forth the entire understanding and agreement between you and the store, and
supersede all prior understandings and agreements of the parties.
The following sections survive any termination of this User Agreement: Fees
and Taxes, Content, Holds and Restricted Funds, Additional Terms, Payment
Services, Disclaimer of Warranties; Limitation of Liability; Release,
Indemnity, Legal Disputes, and General.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3,
you may report complaints to the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by
contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events
in Illinois, buyers and sellers may elect to submit complaints against one
another to the American Arbitration Association ("AAA") under its rules and
procedures. The AAA's rules are available at www.adr.org - opens in new window
or tab. Such complaints shall be decided by an independent arbitrator in
accordance with this User Agreement. Buyers and sellers further agree to submit
to the jurisdiction of the State of Illinois for complaints involving a
ticketed event held in Illinois.
Previous User Agreement
Was this article helpful?
You might also be interested in:
User Privacy Notice
In our User Privacy Notice we have compiled all essential information about
our handling of your personal data and your corresponding rights.
This User Privacy Notice is effective from April 8, 2024. View the previous
User Privacy Notice.
15 min article
Cookies, web beacons, and similar technology ("Cookie Notice")
Your options at a glance:
Users in Europe: Users in the European Economic Area ("EEA"), Switzerland and
the United Kingdom ("UK") can access this tool.
13 min article
Community content policy
Sharing content with other the store members - either via discussion boards,
product reviews, collections or groups - is a great way to help build the the
store community, and is something we encourage all our users to do.
4 min article
the store employee trading and community content policy
If you're an the store employee buying and selling on the store, you have to
follow the same rules as all other the store members.
3 min article
Need more help?
Contact us
Get the help you need from our automated assistant, or contact an agent
Other options for you
Additional site navigation
Quick Links
Home
Sign in / Register
Sell an item
Help & Contact
eCI Licenses
Legal and information
Site map, User Agreement, Privacy, Cookies, Your Privacy Choices, CA Privacy
Notice, AdChoice & Accessibility.
1995-2024 the store Inc.
Mobile / Classic Site
Get the help you need from our automated assistant, or contact an agen
Part of the requirements for listing in this category state that sellers
include the disclaimer below. Please copy and paste the following text into
your item description:
This listing complies with the store’s air gun guidelines found here and I
will only sell and ship air guns to buyers in jurisdictions where permitted by
applicable laws
http://pages..com/help/policies/firearms-weapons-knives.html
e218987-952593x}