Terms of Service

Welcome to Babymint. By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please read these terms and conditions carefully before using this website.

1. When You (individually, or the entity that You represent, each a “User”) access Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, including Our Privacy Policy which sets out the terms in which We process any Personal Data collected from You, or provided to Us. If You do not agree to this Agreement, or any additional terms referenced herein, You must not access the Service.
2. The Service is an online consumer-to-consumer focused marketplace. Babymint does not sell, purchase any goods itself, take possession of the goods, either for itself or on behalf of Users or others. While Babymint may help facilitate transactions, Users that list and sell items through the Service (“Sellers”) and Users that purchase items through the Service (“Buyers”) are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means “you”) are collectively referred to herein as “Users” of the Service.
3. Babymint provides payment processing services using third party service providers for items listed on its marketplace. Payment options include but are not limited to credit card, debit card, PayPal, Apple Pay and Android Pay. Sellers may have funds from sales deposited into their designated bank account (“Direct Deposit”) or withdrawn using Instant Pay. Babymint does not accept or dispense cash. Please remember payment instruments and bank accounts can only be registered on one Babymint Account at a time.
4. Babymint is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the Service, but is not and shall not be involved in other disputes between Users.
5. By accepting these Terms, you acknowledge that you will provide accurate and timely information to Babymint to comply with our regulatory requirements in providing services to you. Further, your acceptance of the Terms includes acceptance of our Privacy Policy.
6. A User shall not use a Babymint Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all Buyers or Sellers accountable for violations of law, violations of these Terms and all applicable policies.
7. You must be 18 years of age or older to have a Babymint Account, or the age of majority in your state of residence.
8. You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.
9. If you provide information about a business, such as to comply with a verification
   request or to complete a W-9 tax reporting form, you may be asked for additional information such as EIN, business address, and/or tax classification filing status in addition to verifying information about yourself and your authority to represent the business or entity(ies).
10. If you make purchases, you will be asked to provide information about your Payment Instrument(s). “Payment Instrument(s)” include(s) credit card, debit card, an account hosted elsewhere such as PayPal, a Babymint balance resulting from your earnings from prior sales, or another payment method permitted by us. We do not accept or check as a payment method. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the financial institution/issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
11. If you complete a sale, you may withdraw your Babymint Account Balance to your bank account using Direct Deposit or Instant Pay. It is your responsibility to ensure that your bank account information is entered correctly. We may request additional information to verify your bank details. We may be unable to help you recover money sent to an inaccurate bank account number. We do not dispense cash or issue checks as a method of withdrawal.
12. If you utilize our shipping options it is your responsibility to select the correct weight class for the labels and to provide valid tracking information. You are responsible for any additional fees from the carrier(s) if you select the incorrect weight class or other such actions that result in additional fees.
13. You are solely responsible for any activity and listings on your Babymint Account.
14. You are responsible for ensuring your Account accurately reflects your current User Information including your contact information, such as phone number, email and mailing address. You may be asked to update or verify this information from time to time so Babymint may continue to service your account.
15. You are responsible for all fees, chargebacks, Buyer refunds, or payment reversals received by Babymint, even after you close your Account. Amounts owed to Babymint or to others may be removed from your balance or requested via an invoice by Babymint to be processed as a payment from you or processed by a collections agency.
16. You are responsible for keeping your Account password secure. If you believe your account has been compromised please contact us: customercare@baby-mint.com
17. Content that you post using our Service must be content you own or have the right to use (“Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
18. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. You have not copied it without permission, this includes Babymint’s trademarked name or logo.
19. By posting Your Content through our Service, you grant Babymint a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Babymint function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account. By posting Your Content, you grant Babymint a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote Babymint, or the Service in general, in any formats and through any channels, including across any Babymint Service or third-party website or advertising medium.
20. Reporting Infringing Content. Babymint has great respect for intellectual property rights,  and is committed to following appropriate legal procedures to remove infringing content from the Service. If Your Content infringes another person’s intellectual property, we will remove it upon receipt of a valid and complete takedown notice. We will notify you if that happens.
21. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Babymint’s Service (for legal reasons or otherwise). You agree that you will not post any content that is illegal, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.
22. All final fees associated with a transaction and/or shipping are communicated to the User at the time of transaction. Fees are provided at the time of listing for a Seller, but may change subject to shipping tax, other variable rates or changes made by the Seller. Fees will be subtracted from Seller’s earnings upon transaction completion, and will be provided on the sales receipt. The Buyer is presented with the total amount of the order including fees and taxes, in the order summary prior to checkout. The fees will be included in the payment total. It is the Users responsibility to review the fees prior to accepting the final Sales Contract.
23. Sales Fees. Babymint charges 10% of the item purchase price as a Sales Fee to the Seller for every completed sale.
24. Cancellation Fees. If a Seller cancels a transaction after the purchase has been initiated but before the transaction is completed, Babymint may charge a cancellation fee of 5% of the item price but no more than $25 maximum. This will be subtracted from your balance and/or charged to the credit card on file within 30 days after you receive a notification from us.
25. Taxes. When you purchase an item, taxes may apply to your purchase (item and/or shipping). Such taxes may vary depending on various factors, including: (i) the price of the item, (ii) the nature and character of the item, (iii) and the delivery location of the item. Applicable taxes will be displayed to Buyers before final commitment to purchase.
26. Babymint processes transactions on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument on file. Any payment made in connection with the Service shall be made through Babymint using its payments processing providers.
27. Purchases made by the User’s Payment Instrument through the Service are subject to the terms and conditions between Buyer and the issuer (bank) of the Payment Instrument.
28. By agreeing to these Terms, you authorize Babymint and/or its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or if you incur additional fees or amounts owed to Babymint for the Service(s). All associated fees will be provided on the purchase receipt.
29. Upon completion of the sale, all Seller earnings, minus payment processing and other fees, will settle in the Sellers account. All fees associated with the sale will be provided on the sales receipt.
30. Limitation of Liability. The website owner shall not be liable for any damages arising out of or in connection with the use of this website, including, without limitation, damages for loss of profits, business interruption, or loss of information.
31. Indemnification. You agree to indemnify, defend, and hold harmless the website owner, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of this website.
32. Changes to Terms of Service. We reserve the right to update or change these terms and conditions of use at any time, without notice, by posting the updated terms on this website. Your continued use of this website after any such changes constitutes your acceptance of the new terms and conditions of use.
33. These terms and conditions of use constitute the entire agreement between you and the website owner regarding the use of this website. If any provision of these terms and conditions of use is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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