Conditions Of Use

Buyers Terms
Sellers Terms

All You Can Eat Stores

Buyer Terms of Agreement

This agreement entered into between you, the BUYER (hereinafter referred to as you, Buyer or Buyers) and All You Can Eat Stores (hereinafter referred to as AYCES, we or us). Your acceptance of this Buyers Terms of Agreement is a condition of you purchasing items. If you desire to sell items, you must also agree to the terms of the Sellers Terms of Agreement.

Introduction

All You Can Eat Stores brings interested Buyers and Sellers together. Sellers list items for sale at a fixed price. Buyers may purchase items using their credit cards. AYCES charges the Buyer's card then notifies Sellers of orders. After Sellers ship their items, they get paid.

Registration

Eligibility - You (or your authorized representative, if a business) must be at least 18 years old to participate as a Buyer on AYCES. We may, at any time, ask you to provide proof of age. You must be a resident of the United States or Canada with a United States or Canadian address to use AYCES. Currently, Canadian residences cannot sell items on AYCES.

Email Address - On the membership profile page, you must provide us with a valid, working e-mail address that you check regularly. E-mail is our sole means of communication for order verification and other important messages. You agree to configure your spam filter to allow all email from allyoucaneatstores.com. If you do not know how to configure your filter, seek help from your network administrator or Internet service provider.

Responsiveness to Our Emails - You agree to respond quickly to our requests for information from time to time which may pertain to returns/refund or other requests.

No Circumvention - You understand and acknowledge that AYCES has expended substantial sums to bring buyers and sellers together. You agree not to circumvent AYCES and purchase an item outside of the AYCES site(s) from any seller whose item you found by visiting the item-listing page. If a seller does contact you offering to sell you a listed item outside of the AYCES site, whereby such transaction would result in AYCES not receiving a commission on the sale, you agree to refuse the request. You understand that if you engage in the purchase of an item or items outside the site as described above, your account will be terminated.

Product Listing

Quality of Items - We have a standardized product rating scale that our sellers are required to use. Sellers rate the quality of their items on a scale of 1 though 5. A rating of 1 means the item is heavily worn, and a rating of 5 indicates the item is new. All items are assumed 100% functional unless explicitly described otherwise in the item description.

Third Party Content - All third party content published on the Site is property of the respective copyright owners and may not be copied or distributed in any way by you for commercial purposes.

Access and Interference - You agree not to tamper in any way with the software or functionality of the AYCES Site. You agree not to put any material into the AYCES Site which contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy AYCES' web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the AYCES Site. You agree not to take any action that imposes an unreasonable or disproportionately large load on AYCES' infrastructure.

Order Processing and Shipping

Placing an Order - Search for items you want and add them to your shopping cart by clicking the 'Add to Cart' button on an item's description page. During the checkout process you will need to enter your valid credit card number and expiration date. This information IS NOT turned over to the seller. You may purchase multiple items from multiple sellers in one transaction. If your order is from more than one seller, you will receive multiple packages and you will receive segmented charges on your credit card as the items are shipped.

Order Acknowledgement - After you make your purchase, the seller has four days to acknowledge the order. A seller's failure to acknowledge an order within four days results in the order being cancelled. If the order consisted of items from more than one seller, only the items from the seller who failed to acknowledge will be cancelled.

Order Shipping - After an order is acknowledged, the seller has four days to ship the order. A seller's failure to ship an order within four days results in the order being cancelled. If the order consisted of items from more than one seller, only the items from the seller who failed to ship will be cancelled.

Order Canceling - Once an order is placed you may cancel the order only up until the point the seller acknowledges the order. After seller's acknowledgement, you cannot cancel your order.

Shipping and Handling Computation - All shipping and handling fees are shown to you in advance before you confirm your purchase and tell us to charge your credit card. Sellers tell us how to compute shipping and handling fees (if any). These fees can be based on weight or fixed amount. The method of calculation may vary by seller on a single purchase by you. Shipments will never come to you with any money due. If a shipment comes to you with any money due for the item itself or for shipping, you should refuse to accept the order.

Lost or Unshipped Items - If you do not receive an order within seven days of shipment confirmation, you should request a tracking number from the seller and track the item.

Returns/Refunds

Our return policy protects both Buyers and Sellers against misuse and fraud. You understand and agree to the following return policy:

Refund for Lost or Unshipped Items - You are entitled to a full refund for items not received. If you do not receive an order within seven days of shipment confirmation, you should request a tracking number from the seller and track the item. If the seller does not or is unable to provide you a tracking number, or if the shipping carrier confirms the item was lost or damaged during shipment, begin the refund process by selecting 'Request Return/Refund' from the item's Order Detail page accessed via your Buyer's Overview tab. You will need to fill in the appropriate information on the Request Return/Refund page.

Return Items - A Buyer can request to return item(s) for a refund only under two conditions:

1. Wrong item was shipped. If you receive an incorrect or an unordered item.
2. Item description is materially different. Should an item vary significantly from its description.

The Buyer must begin the return process within 4 days from receiving the item. After four days, the Buyer no longer has a right to return the item(s).

To begin return process, locate the order detail for the item you wish to return. The order detail can be found via the Buyer's Overview tab located on the My Account page. On the order detail page, you will see a button labeled "Request Return/Refund". Click on this link and follow the directions. The Seller of the item is contacted via email and asked to accept or decline the return request.

If the Seller accepts request to return:

• Buyer is notified and must ship item via a service that provides a tracking number. Buyer must ship the item back within 4 days of receiving an acceptance of return notice. Buyer pays for return shipping.
• Seller must acknowledge receipt of item immediately via following a link on the email notification. Once Seller acknowledges receipt, Buyer's credit card will be credited refunded item cost plus shipping and handling for the order.

If the Seller declines request to return:

• Buyer is notified that Seller believes Buyer is not entitled to a refund. Buyer then has 2 days to put the matter into disputed status. If Buyer does not select to dispute then the matter is closed.
• If Buyer chooses to dispute, Buyer must follow the dispute link on the email back to the AYCES site. Seller's payment is kept on hold and the matter is handled by AYCES customer service.
• If customer service determines that at least one of the above referenced return criteria are met, Seller must accept the return.
• Customer service dispute resolution decisions are final.

Payments and Fees

Fraud - AYCES will not tolerate fraud, including misrepresentation or the misuse of the AYCES Store in any manner. Determinations of fraud are up to the full discretion of AYCES. AYCES will prosecute offenders to the fullest extent of the law and reserves the right to debit Buyer's accounts to recoup losses and expenses due to offences.

Commissions - There is no charge to use the site. AYCES charges sellers a commission on the items they sell.

Purchases - You agree to pay for purchases. When you make a purchase, you are granting AYCES permission to authorize your credit card for the cost of the item(s) plus applicable shipping and handling. You will see this total charge before giving final purchase confirmation. Once you confirm your purchase, you are making a binding offer to the seller. Once the seller ships the items, the sale is completed and your card will be charged. Your credit card information is NEVER given to the seller.

Settlement - You hereby grant AYCES permission to withhold payment or charge your credit card account (or debit your bank account) for any amount you owe us if (a) an adjustment is made pursuant to our refund policy; (b) we reasonably believe that you have committed fraud or another illegal act or omission during any buying or selling activity; or (c) you otherwise owe us a specific amount. If any of those things happen, we may also deduct from any amount we owe you, the amount you owe us.

Dispute Resolution and Applicable Law

This Agreement and the relationship between you and AYCES is to be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of law provisions. You and AYCES agree that any controversy or claim arising out of or relating to this Agreement and the relationship between Seller and AYCES is to be submitted to the personal and exclusive jurisdiction of the courts located within Cuyahoga County, Ohio.

Disclaimer of Warranties

AYCES PROVIDES THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. AYCES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, (II) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (III) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR FREE, (IV) THE QUALITY, IDENTITY OR RELIABILITY OF ANY SELLER AND WHETHER YOU SHOULD DO BUSINESS WITH SUCH SELLER, (V) THE ACCURACY OF POSTINGS MADE ON THE SITE BY OR ON BEHALF OF ANY USER, (VI) THE ABILITY OF ANY SELLER TO COMPLETE ANY OF THE TRANSACTIONS CONDUCTED ON OR FACILITATED BY THE SITE, AND (VII) THAT ANY ITEM YOU PURCHASE WILL MATCH, OR FUNCTION IN ACCORDANCE WITH, THE SELLER'S DESCRIPTION OF IT.

Limitation of Liability

You agree that neither AYCES, nor any officer, affiliate, director, shareholder, agent or employee of AYCES will be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs. AYCES's LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

NO AGENCY: You and AYCES are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

RELEASE: Because we are a venue, in the event that you have a dispute with one or more users, or in the event of any dispute between Buyers and Sellers, you release AYCES (and our officers, directors, agents, subsidiaries, affiliates, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

LEGAL COMPLIANCE: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Indemnification

Without limiting the generality or effect of other provisions of this Agreement, you agree to indemnify, hold harmless, and defend AYCES, and each of its respective affiliates, sub-contractors, agents, and employees against all third party claims, liabilities and damages incurred or allegedly incurred by AYCES arising out of (i) your engagement in transactions on this site, including, without limitation, any product or services sold on or through the Site for failure of a product to meet specifications or breach of warranty or (ii) any claim of infringement or violation of copyright, trademark, patent or any other proprietary rights of a third party.

Other General Provisions

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all written or verbal agreements. A party's failure to insist upon or enforce strict performance of any provision of this Agreement is not to be construed as a waiver of any provision or right. Neither the course of conduct between you and AYCES nor trade practice is to act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination will not affect such provision in any other respect or any other provision of this Agreement which will remain in full force and effect.

This Agreement may be amended at any time by AYCES after first posting amendment on the site for 30 days. This Agreement may otherwise not be amended except by written agreement between you and AYCES. This Agreement is effective upon acceptance during registration for new users and is otherwise effective on August 1st, 2004 for all users. If you have any questions regarding this Buyer Terms of Agreement, email customerservice@allyoucaneatstores.com.

Form ID: BTOG090304

All You Can Eat Stores

Seller Terms of Agreement

This agreement entered into between you, the SELLER (hereinafter referred to as you, Seller or Sellers) and All You Can Eat Stores (hereinafter referred to as AYCES, we or us). Your acceptance of this Seller Terms of Agreement is a condition of you selling items.

Introduction

All You Can Eat Stores brings interested Buyers and Sellers together. Sellers list items for sale at a fixed price. Buyers may purchase items using their credit cards. AYCES charges the Buyer’s card then notifies Sellers of orders. After Sellers ship their items, they get paid less commission.

Registration

Eligibility - You (or your authorized representative, if a business) must be at least 18 years old to participate as a Seller on AYCES. We may, at any time, ask you to provide proof of age. You must be a resident of the United States with a United States address to sell on AYCES. Currently, Canadian residences cannot sell items on AYCES.

Email Address – On the membership profile page, you must provide us with a valid, working e-mail address that you check regularly. E-mail is our sole means of communication for order verification and other important messages. You agree to configure your spam filter to allow all email from allyoucaneatstores.com. If you do not know how to configure your filter, seek help from your network administrator or Internet service provider.

Responsiveness to Our Emails - We will send you e-mails alerting you after a Buyer places an order for your listed items. We will also send you reminder emails regarding shipping as well as other confirmations. You understand that your cooperation in responding to these emails in a prompt fashion is integral to a successful transaction. You agree to be dutiful and respond to these emails within the allotted time described in this Agreement. You also agree to respond quickly to our requests for information from time to time which may pertain to returns/refund or other requests.

No Circumvention - You understand and acknowledge that AYCES has expended substantial sums to bring buyers and sellers together. You agree not to circumvent AYCES and sell an item outside of the AYCES site(s) to any buyer who found your item by visiting your item-listing page. If a buyer does contact you asking to purchase an item you have listed on an AYCES site whereby such transaction would result in AYCES not receiving a commission on the sale, you agree to refuse the request. You understand that if you engage in sales of an item or items outside the site as described above, your account will be terminated and AYCES will seek payment of lost commissions.

Product Listing

Quality of Items – You must rate your listed items fairly and truthfully. You must describe your listed items accurately. You must rate the quality of your items on a scale of 1 though 5. A rating of 1 means the item is heavily worn, and a rating of 5 indicates the item is new. You must assume that your listed items are 100% functional unless explicitly described otherwise by you in the item description. If AYCES determines, in its sole discretion, that a Seller has misrepresented an item’s quality, AYCES will refund the purchase to the Buyer and deduct the sale plus fees from the Seller’s account. Repeat offenders will be prevented from selling.

Listing Content Guidelines - Listings: (i) must not be fraudulent or involve the sale of stolen items; (ii) must not infringe any third party's rights, including, without limitation copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (iii) must not violate any applicable law, statute, rule or regulation; (iv) must not be obscene, indecent or contain pornography; (v) must not be defamatory, trade libelous, threatening or harassing; and (vi) must not link directly or indirectly to or include descriptions of products or services that (vii) are prohibited by this Agreement or (viii) are not concurrently listed for sale on a web site other than the Site. In addition, you may not post or sell on the Site any product or service which, by AYCES receiving its commission, could be expected to result in a violation of any applicable law, statute, rule or regulation. In its sole discretion, AYCES retains full authority to remove or modify any listing or its content.

Third Party Content - All third party content published on the Site is property of the respective copyright owners and may not be copied or distributed in any way by you for commercial purposes.

Images – Only .gif or .jpg files may be uploaded. Animated files are prohibited. You image file size must be 64kb or smaller. We reserve the right to resize or convert your images.

Access and Interference - You agree not to tamper in any way with the software or functionality of the AYCES Site. You agree not to put any material into the AYCES Site which contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy AYCES’ web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the AYCES Site. You agree not to take any action that imposes an unreasonable or disproportionately large load on AYCES’ infrastructure.

Order Processing and Shipping

Notification of Orders - Upon AYCES’ receipt of an order, AYCES will promptly notify you of that order via the e-mail address that you provided to us.

Order Acknowledgement - You understand and agree to acknowledge an order via your account overview page within four days of receiving notice of the order. Repeat offenders will be prevented from selling. If you do not acknowledge an order within four days, the order is cancelled.

Order Canceling - You may only list items that are available for sale. If an item becomes unavailable before a Buyer purchases it, you must remove it from your available inventory. You may not cancel an order or any portion thereof after the order is received by you. Repeat offenders will be prevented from selling. Buyers may cancel their order up until the point of your acknowledgment.

Order Shipping - You must ship an order within four days of order acknowledgement. Failure to ship orders within four days of acknowledgment results in the order being cancelled. Repeat offenders will be prevented from selling.

Shipping Methods and Computation - During account sign up, you tell us how to compute the shipping amount and we pass along the entire amount (less commissions) to you. If you select the ‘free shipping’ option, no monies will be collected or passed along. When listing an individual item, you have the option to change or override your preference and select a method that is more appropriate for the item being listed. When Sellers specify a carrier (FedEx, UPS, etc) AYCES computes the amount collected using look-up tables provided by the carrier. Accordingly, there may be discrepancies between the calculated amount using the carrier’s look-up table and the actual amount you are charged. In the event you have a business account with a carrier, it is likely you will have better shipping rates than the ‘published rates’ used by AYCES. This difference, if any, belongs to you, the Seller. It is your responsibility to put in accurate weights when listing items including the weight for the packaging material. You acknowledge and agree that you must bear any shipping costs above and beyond what was listed when the item was sold.

Shipping Methods – You will select a default method of shipping from the following choices. It is highly recommended you ship via a method that allows the tracking of items.

You will tell us how we compute shipping charges for your items. Your selections are:

• UPS ground lookup table (based on item weight)
• FedEx ground lookup table (based on item weight)
• USPS Priority Mail lookup table (based on item weight)
• Gross Charge. This option allows you to enter a gross amount for shipping. You can use Gross Charge and still ship via the above carriers.
• Free Shipping. If you do not charge for shipping, use this option. A ‘Free Shipping’ logo will appear on your item listing page to show Buyers you are paying for shipping.

Overriding the Default Shipping – When you create your account you will specify a preferred default method to compute shipping charges (described above). However, when listing an individual item, you may change this preference and select a method that is more appropriate for the item being listed. For example, suppose your default preference is for us to collect shipping for you based on the item’s weight but a particular item you are listing is a piece of art that while not particularly heavy, might require an unusual amount of packing material. By weight, this item might cost $12 when shipped by UPS, however, you are able to put a gross dollar amount for shipping this item that is greater to better reflect your costs.

Shipping Insurance - Insurance for the total amount of the items in the order is collected and passed along to you. It is your responsibility to insure the order accordingly when you ship. If your shipment is lost or damaged, the Buyer will receive a refund and your account will be charged.

Handling Charge - When you create your account you will specify how to compute the handling charge and we pass it along to you (less commissions). Your preference for handling applies to all items you have listed on AYCES. Unlike shipping charges, your handling charge is not item specific. If you change your handling preference, the change will apply to all future orders for all items you have listed. You select the method of computing the handling charge when you create your account and edit it in Seller’s Preferences. If no method was selected, the default handling charge is FREE, that is, you do not charge a handling charge and none will be collected. Your options are:

• Percentage of order dollar size (not including shipping).
• Fixed dollar amount per order.
• Fixed dollar amount per number of items.
• Free. A Free Handling logo will appear on your item listings to show Buyers you are packing orders at your own expense.

Returns/Refunds

Our return policy protects both Buyers and Sellers against misuse and fraud. You understand and agree to the following return policy:

A Buyer can request to return item(s) for a refund only under two conditions:

1. Wrong Item was Shipped. If you shipped an incorrect or an unordered item, you agree to accept the item back.
2. Item Description is Materially Different. Should an item vary significantly from its description, you agree to take the item back.

If the Seller accepts request to return:

• Buyer is notified and must ship item via a service that provides a tracking number. Buyer must ship the item back within 4 days. Buyer pays for return shipping.
• Seller must acknowledge receipt of item immediately via following a link on the email notification.
• Buyer is refunded item cost plus shipping and handling for the order.
• Seller is charged a fee equal to 5% of order.

If the Seller declines request to return: