Terms and Conditions

Last Updated: October 15, 2025

1. Definitions

• "Platform" refers to all SBS websites, mobile applications, services, and tools, including the AI Parser.
• "User," "you," "your" refers to any individual or entity using the Platform.
• "Seller" refers to a User listing an item for sale.
• "Buyer" refers to a User purchasing an item.
• "UGC" (User-Generated Content) refers to any content submitted by users, including item listings, photos, descriptions, messages, and reviews.
• "AI Parser" refers to our proprietary artificial intelligence system used to analyze UGC and generate structured data for listings.

2. Account Registration and Obligations

1. Eligibility: You must be at least 18 years old and capable of entering into a legally binding contract to use our Platform.
2. Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use.
3. Accurate Information: You agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form.

3. The SBS Marketplace

SBS provides a platform for Buyers and Sellers to transact. We are not a party to the transaction between Buyer and Seller. We do not take possession of any items and do not act as a traditional auctioneer or seller.

3.1. Listing and Selling

1. Prohibited Items: You may not list items that are illegal, counterfeit, stolen, or otherwise violate our Prohibited Items Policy. This includes, but is not limited to, weapons, hazardous materials, and adult content. We reserve the right to remove any listing for any reason.
2. Listing Accuracy: As a Seller, you are responsible for the accuracy and content of your listing. All claims about an item's authenticity, condition, and brand must be truthful. Misrepresentation may result in account suspension.
3. Use of AI Parser: The AI Parser is a tool to assist in creating listings. You, the Seller, are solely responsible for verifying the accuracy of the AI-generated output before publishing your listing. Any errors, including but not limited to price, brand, or size, are your responsibility. Relying solely on the AI Parser without verification is at your own risk.

3.2. Purchasing

1. Binding Offer: When you commit to purchase an item, you are entering into a legally binding contract with the Seller.
2. Inspections and Authenticity: While we provide tools and a platform, we do not inspect or authenticate items. Buyers are responsible for their own due diligence. We encourage asking Sellers questions and requesting additional photos.

4. Fees and Payments

1. Fees: We charge fees for using our Platform, such as a commission on sales. All applicable fees are disclosed to you before you list an item. We reserve the right to change our fees at any time.
2. Payment Processing: Payments are processed through our third-party payment provider (e.g., Stripe). By transacting on the Platform, you agree to their terms of service.
3. Taxes: You are responsible for paying all taxes associated with your use of the Platform.

5. User-Generated Content (UGC) and AI Parser

1. License Grant: By submitting UGC to the Platform, you grant SBS a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the Platform and our business. This includes using your UGC to train and improve our AI models.
2. Responsibility for UGC: You are solely responsible for your UGC and the consequences of posting it. You represent that you have all necessary rights to grant us this license.
3. AI Parser Acknowledgment: You acknowledge that the AI Parser is an automated system and may produce inaccuracies. SBS is not liable for any loss or damage arising from your reliance on the AI Parser. The final responsibility for a listing's accuracy rests with the Seller.

6. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any laws or regulations.
• Infringing on the intellectual property rights of others.
• Posting false, misleading, or defamatory content.
• Distributing spam, chain letters, or pyramid schemes.
• Using any robot, spider, scraper, or other automated means to access our Platform for any purpose without our express written permission.
• Attempting to circumvent our fee structure or payment systems.
• Engaging in any activity that could harm the Platform, its users, or its reputation.

7. Disclaimers and Limitation of Liability

1. Platform "As Is": The Platform is provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. No Guarantee: We do not guarantee that the Platform will be secure, uninterrupted, or error-free. We do not guarantee the truth, accuracy, or reliability of UGC or the quality, safety, or legality of items sold.

Limitation of Liability: To the fullest extent permitted by law, SBS, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of the Platform; (b) any conduct or content of any third party on the Platform; (c) any content obtained from the Platform; or (d) unauthorized access, use, or alteration of your transmissions or content.

3. Cap on Liability: In no event shall our aggregate liability for all claims relating to the Platform exceed the greater of one hundred U.S. dollars ($100.00) or the amount of fees you paid to us in the 12 months preceding the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless SBS and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your UGC caused damage to a third party.

9. Dispute Resolution

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in Dublin, Ireland, in accordance with the rules of a recognized arbitration body. By agreeing to these Terms, you waive your right to a jury trial and to participate in a class action lawsuit.

10. General Provisions

1. Governing Law: These Terms shall be governed by the laws of Ireland, without regard to its conflict of law principles.
2. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and SBS concerning the Platform.
3. Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting a notice on our site or sending you an email. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

Terms and Conditions of Service

Last Updated and Effective: October 15, 2025

IMPORTANT – READ CAREFULLY: These Terms and Conditions of Service ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and SellMySneakers ("SBS," "we," "us," "our"). These Terms govern your access to and use of the SBS website, including any subdomains thereof, and any other websites through which SBS makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and all associated services (collectively, "Services").

1. The SBS Platform

1.1. Venue Only. SBS provides a marketplace venue that allows users to buy and sell certain fashion items ("Items"). SBS is not a party to any transaction between buyers and sellers. We do not buy, sell, or take title to any Items. We are not an auctioneer, broker, or agent for any user.

1.2. Right to Modify. We reserve the absolute right, at our sole discretion, to modify, suspend, or discontinue any aspect of the Services at any time, without notice or liability to you.

2. User Accounts & Eligibility

2.1. Eligibility. The Services are available only to individuals who are at least 18 years of age and can form legally binding contracts under applicable law.

2.2. Account Security. You are solely responsible for all activity that occurs under your account. You agree to maintain the security of your password and accept all risks of unauthorized access.

2.3. Termination. We reserve the right to terminate, suspend, or deactivate your account for any reason or for no reason, without notice and without liability. In the event of termination, you forfeit any and all pending transactions, balances, or Items held in consignment.

3. Seller Obligations (Binding)

3.1. Binding Offer. When you list an Item for sale, you make a binding, irrevocable offer to sell that Item to a buyer who purchases it at the listed price.

3.2. Authenticity Guarantee. You unconditionally represent and warrant that any and all Items you list are 100% authentic. The sale of counterfeit goods is strictly prohibited and illegal. If we determine, in our sole and absolute discretion, that an Item is counterfeit, it will be destroyed, and you will be subject to:

• An immediate and permanent ban from all Services.
• Forfeiture of any and all funds in your account.
• An "Authentication Failure Fee" of €150.00 or 25% of the transaction price, whichever is greater, which you authorize us to charge to your payment method on file.
• Referral to law enforcement.

3.3. Condition Disclosure. You are solely responsible for accurately describing the condition of your Items, including any and all flaws, defects, or wear. Failure to disclose any material flaw grants us the right to cancel the transaction at your expense.

3.4. Shipping Mandate. You must ship Items within the timeframe specified by SBS (typically 48 business hours). Failure to do so will result in penalties, including but not limited to cancellation of the sale, a penalty fee, and suspension of your account.

4. Buyer Obligations (Binding)

4.1. Binding Purchase. When you place an order to purchase an Item, you make a binding, irrevocable offer to pay for that Item.

4.2. ALL SALES ARE FINAL. NO RETURNS. All purchases are final. No returns, refunds, or exchanges will be granted for any reason, including but not limited to: buyer's remorse, incorrect size, condition disputes, or price adjustments. All Items are sold "AS-IS," "WHERE-IS," and "WITH ALL FAULTS."

4.3. No Chargebacks. You expressly agree not to initiate any chargeback or payment dispute with your card issuer. Any such attempt is a material breach of these Terms. In the event of a chargeback, you will be liable for the full transaction amount, plus any associated fees, legal costs, and a €250 administrative fee.

5. Our Role & Limitation of Liability

5.1. Authentication Disclaimer. While we may perform an authentication process, this service is provided as a courtesy and is based on our opinion. We make no warranties or guarantees as to the authenticity of any Item. The responsibility and liability for authenticity remain solely with the seller. We disclaim all liability for any authentication errors.

5.2. Consignment Risk. If you use our consignment services, you acknowledge that we are acting as a bailee. We are not responsible for any loss, damage, or theft of Items in our possession. In the event of loss, our maximum liability will be limited to our net cost of the Item, not its resale value.

5.3. Abandoned Property. Any Items left in our possession (e.g., failed authentication, unclaimed consignment) for more than 30 days will be deemed abandoned. We may dispose of abandoned property in any manner we see fit, including by selling or destroying it, without any compensation or liability to you.

6. Intellectual Property

6.1. Content Ownership. By submitting any content to the Site (including images, descriptions, and comments), you grant SBS a perpetual, irrevocable, worldwide, royalty-free, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

6.2. Our Marks. The SBS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SBS. You must not use such marks without our prior written permission.

7. Disclaimers and Liability

7.1. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2. LIMITATION OF LIABILITY. IN NO EVENT SHALL SBS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED EUROS (€100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless SBS and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

9. Governing Law and Dispute Resolution

9.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles.

9.2. Mandatory Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms shall be determined by binding arbitration in Dublin, Ireland. You agree to waive your right to a jury trial and to participate in class-action lawsuits.

10. General Provisions

10.1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between SBS and you regarding the Services.

10.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

10.3. No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.