THE SILVER TUNA MARKETPLACE™
TERMS OF SALE
Publicly viewed for platform viewers and users
Document Version: 1.0
Last Updated: November 2024
INTRODUCTION
Welcome to The Silver Tuna Marketplace (“Platform,” “we,” “us,” “our”). These Terms of Sale explain the general conditions that may apply when you purchase products from independent sellers on our website or on any seller website accessed through the Platform. These Terms of sale apply to all visitors and users of our website and all seller websites accessed through the Platform. You are responsable for understanding each sellers terms before purchasing from the seller.
1. AGREEMENT
1.1 Agreement to Purchase Terms
By making a purchase through The Silver Tuna Marketplace platform, you agree to these Terms & Conditions of Sale (“Purchase Terms”). These Purchase Terms govern all transactions between you (the “Customer” or “you”) and independent sellers (“Sellers”) on the Platform.
1.2 Platform Role
The Silver Tuna Marketplace is a marketplace platform, not a seller. We connect independent sellers with customers but do not sell products ourselves. When you purchase from a seller:
You are buying from an independent business, not from The Silver Tuna Marketplace
The seller is responsible for product quality, shipping, and customer service
Your contract is with the seller, not with the Platform
The Platform facilitates the transaction but is not a party to the sale
1.3 Additional Terms
These Purchase Terms supplement our:
Terms of Use: General Platform usage terms
Privacy Policy: How we handle your information
All three documents apply to your use of the Platform and purchases from sellers.
1.4 Seller-Specific Terms
Individual sellers may have additional terms, policies, or conditions. You are responsible for reviewing each seller’s:
Return and refund policy
Shipping policy
Product warranties or guarantees
Terms and conditions
Seller-specific terms are displayed on seller websites and apply to your purchases from that seller.
2. PURCHASE PROCESS
2.1 Browsing and Selection
You may browse the Platform and seller websites to view products. Product listings include:
Product descriptions and specifications
Pricing and availability
Seller information
Shipping options and costs
Return and refund policies
2.2 Adding to Cart
When you add items to your cart:
Items are reserved temporarily (not guaranteed until purchase)
Prices may change before you complete checkout
Availability may change before you complete checkout
Your cart may expire after a period of inactivity
2.3 Checkout Process
To complete a purchase:
Review items in your cart
Provide shipping and billing information
Select shipping method
Review order total (including taxes and shipping)
Provide payment information
Agree to these Purchase Terms
Submit your order
2.4 Order Confirmation
Your order is not confirmed until:
You receive an order confirmation email from the seller
Payment is successfully processed
The seller accepts your order
Submitting an order is an offer to purchase. The seller may accept or decline your order.
2.5 Order Acceptance
Sellers have the right to:
Accept or decline any order
Cancel orders due to pricing errors, inventory issues, or fraud concerns
Require additional verification for high-value orders
Limit quantities per customer
If your order is declined or cancelled, you will be notified and any charges will be refunded.
3. PRICING & PAYMENT
3.1 Product Pricing
Sellers set all product prices. The Platform does not control or determine pricing.
Prices displayed include:
Product cost
Applicable taxes (calculated at checkout)
Shipping costs (displayed before checkout completion)
Prices do NOT include:
Import duties or customs fees (for international orders)
Additional fees imposed by your payment method
Currency conversion fees (if applicable)
3.2 Pricing Errors
If a seller discovers a pricing error:
The seller may cancel the order and notify you
You will receive a full refund if payment was processed
The seller is not obligated to honor incorrect prices
We are not responsible for seller pricing errors.
3.3 Payment Methods
Payments are processed securely through service providers, a third-party payment processor.
Accepted payment methods may include but not limited to:
Credit cards (Visa, Mastercard, American Express, Discover)
Debit cards
Digital wallets (Apple Pay, Google Pay)
ACH/bank transfers (for eligible transactions)
Payment processing is subject to the payment providers terms and conditions.
3.4 Payment Authorization
By providing payment information, you:
Authorize the seller to charge your payment method for the order total
Represent that you are authorized to use the payment method
Agree to pay all charges incurred
Authorize us to share payment information with the payment provider for processing
3.5 Payment Security
We do NOT store your full credit card information. Payment data is:
Encrypted during transmission
Processed securely by the payment provider (PCI DSS Level 1 compliant)
Tokenized (we store only a secure token, not your card number)
See our Privacy Policy for more information on payment data handling.
3.6 Payment Timing
Payment is charged when:
Your order is confirmed by the seller
The seller begins processing your order
Timing varies by seller (typically within 24 hours of order placement)
Pre-authorization: Some sellers may pre-authorize your payment method to verify funds before charging.
3.7 Taxes
You are responsible for all applicable taxes.
Sales tax:
Calculated based on your shipping address
Collected at checkout
Remitted to tax authorities by the seller
International orders:
May be subject to import duties, customs fees, or VAT
You are responsible for all international taxes and fees
These fees may NOT included in your order total
4. SELLER RESPONSIBILITY
4.1 Seller as Merchant of Record
The seller is the merchant of record for your purchase. This means:
The seller is responsible for product quality and authenticity
The seller is responsible for order fulfillment and shipping
The seller is responsible for customer service and support
The seller is responsible for returns, refunds, and exchanges
The seller is liable for product defects or misrepresentations
The Platform is NOT the merchant of record and is NOT responsible for seller obligations.
4.2 Product Descriptions
Sellers are responsible for:
Accurate product descriptions
Truthful representations of condition, authenticity, and specifications
Clear disclosure of defects or damage
Accurate product images
We do not verify seller product descriptions or representations.
4.3 Product Authenticity
Sellers represent that products are authentic
Sellers may provide certificates of authenticity (if available)
You may request additional verification before purchase
Sellers are liable for selling counterfeit goods
We do not authenticate products or guarantee authenticity.
4.4 Inventory and Availability
Sellers are responsible for:
Maintaining accurate inventory
Updating product availability
Notifying customers of out-of-stock items
Cancelling orders if inventory is unavailable
We do not control seller inventory or guarantee product availability.
5. SHIPPING & DELIVERY
5.1 Shipping Responsibility
Sellers are responsible for shipping and delivery. This includes:
Packaging products securely
Shipping within stated timeframes
Providing tracking information (when available)
Insuring high-value items
Handling shipping issues and delays
The Platform does NOT ship products or control delivery.
5.2 Shipping Methods
Sellers may offer average and various shipping methods like but not limited to:
Standard shipping (5-7 business days typical)
Expedited shipping (2-3 business days typical)
Overnight shipping (1 business day typical)
International shipping (varies by destination)
Shipping timeframes are estimates, not guarantees. Actual delivery times may vary.
5.3 Shipping Costs
Shipping costs are:
Determined by the seller
Displayed before checkout completion
Based on shipping method, destination, and package size/weight
Non-refundable (unless seller error or defective product)
Free shipping may be offered by some sellers for qualifying orders.
5.4 Shipping Address
You are responsible for:
Providing accurate shipping address
Ensuring someone is available to receive the package
Updating address before order ships
Contacting the seller for address changes after shipping
We are not responsible for delivery failures due to incorrect addresses.
5.5 Delivery Confirmation
Delivery is considered complete when:
Package is delivered to the shipping address provided
Signature is obtained (if required)
Package is left at the address (if signature not required)
Risk of loss transfers to you upon delivery.
5.6 Shipping Delays
Shipping may be delayed due to:
Weather or natural disasters
Carrier delays or disruptions
Customs processing (international orders)
High-volume periods (holidays)
Incorrect or incomplete address
Sellers are not liable for carrier delays beyond their control.
5.7 Lost or Damaged Packages
If your package is lost or damaged:
Contact the seller immediately
Provide order number and details
The seller will work with the carrier to resolve
The seller may offer replacement or refund
Sellers are responsible for filing carrier claims for lost or damaged packages.
5.8 International Shipping
For international orders:
Shipping times may vary and may be longer (typically 7-21 business days)
Customs processing may cause delays
You are responsible for import duties, customs fees, and VAT
Packages may be inspected or held by customs
Some products may be restricted or prohibited in your country
You are responsible for understanding and complying with import regulations.
6. RETURNS & REFUNDS
6.1 Seller Return Policies
Each seller sets their own return and refund policy. Return policies vary by seller and may include:
Return window (e.g., 14 days, 30 days)
Conditions for returns (e.g., unused, original packaging)
Return shipping responsibility (customer or seller)
Restocking fees (if applicable)
Non-returnable items (e.g., final sale, custom items)
You must review the seller’s return policy before purchasing.
6.2 Initiating a Return
To return a product:
Contact the seller within the return window
Provide order number and reason for return
Follow the seller’s return instructions
Ship the item back to the seller (if approved)
Provide tracking information
Returns must be initiated within the seller’s stated return window.
6.3 Return Conditions
Returns are typically accepted if:
Item is unused and in original condition
Original packaging and tags are intact
Return is initiated within the return window
Item is not marked as final sale or non-returnable
Sellers may refuse returns that do not meet their conditions.
6.4 Return Shipping
Return shipping costs are typically the customer’s responsibility, unless:
Product is defective or damaged
Product was misrepresented by the seller
Seller made an error (wrong item shipped)
Seller’s policy states otherwise
Check the seller’s return policy for specific return shipping terms.
6.5 Refund Processing
Once the seller receives and inspects your return:
Refund is processed within 5-10 business days (typical)
Refund is issued to original payment method
Shipping costs are typically not refunded (unless seller error)
Restocking fees may be deducted (if stated in seller policy)
Refund timing depends on your payment method and financial institution.
6.6 Defective or Damaged Products
If you receive a defective or damaged product:
Contact the seller immediately (within 48 hours recommended)
Provide photos of the defect or damage
The seller will offer replacement or refund
Return shipping is typically paid by the seller
Sellers are responsible for defective or damaged products.
6.7 Wrong Item Shipped
If you receive the wrong item:
Contact the seller immediately
The seller will arrange return and send correct item
Return shipping is paid by the seller
You may receive a refund if correct item is unavailable
6.8 Non-Returnable Items
Some items may be non-returnable:
Final sale items
Custom or personalized items
Perishable goods
Intimate or sanitary items
Items marked as non-returnable
Check product listings or seller terms for return eligibility.
7. PRODUCT WARRANTIES
7.1 Seller Warranties
Sellers, not the Platform, provide any product warranties.
Sellers may offer:
Express warranties (stated guarantees)
Implied warranties (merchantability, fitness for purpose)
Manufacturer warranties (for new products)
Authenticity guarantees (for luxury goods)
Warranty terms vary by seller and product. Review seller policies before purchasing.
7.2 Platform Disclaimers
The Platform Makes No Warranties Regarding:
Product quality, condition, or authenticity
Product fitness for any particular purpose
Product merchantability or suitability
Seller reliability or performance
Transaction outcomes or customer satisfaction
All Product Warranties Are Provided By Sellers, Not By The Platform.
7.3 Warranty Claims
To make a warranty claim:
Contact the seller directly
Provide proof of purchase and details of the issue
Follow the seller’s warranty claim process
The seller will repair, replace, or refund per warranty terms
The Platform does not process warranty claims.
7.4 Limitation of Warranties
To The Maximum Extent Permitted By Law:
The Platform disclaims all warranties, express or implied
Products are sold “as is” from the seller’s perspective
The Platform is not liable for product defects or failures
Your sole remedy is against the seller, not the Platform
8. CUSTOMER RESPONSIBILITIES
8.1 Accurate Information
You are responsible for providing:
Accurate shipping and billing addresses
Valid payment information
Correct contact information (email, phone)
Truthful identity and age verification
Orders may be delayed or cancelled due to inaccurate information.
8.2 Payment Authorization
You represent and warrant that:
You are authorized to use the payment method provided
Payment information is accurate and current
You will pay all charges incurred
You will not dispute legitimate charges
Fraudulent payment activity may result in legal action.
8.3 Product Use
You are responsible for:
Using products safely and as intended
Following product instructions and warnings
Complying with applicable laws regarding product use
Not reselling products in violation of seller terms
8.4 Communication
You agree to:
Respond to seller communications in a timely manner
Provide requested information for order processing
Communicate professionally and respectfully with sellers
Not harass, threaten, or abuse sellers
8.5 Compliance with Laws
You agree to:
Comply with all applicable laws when purchasing and using products
Not purchase products for illegal purposes
Not import products in violation of customs regulations
Not resell products in violation of trademark or copyright laws
9. DISPUTE RESOLUTION
9.1 Disputes with Sellers
For disputes with sellers (product issues, shipping problems, refunds, etc.):
Step 1: Contact the Seller
Contact the seller directly first
Provide order number and details of the issue
Allow reasonable time for the seller to respond (48-72 hours)
Work in good faith to resolve the issue
Step 2: Platform Mediation (Optional)
If you cannot resolve with the seller, contact us at [email protected]
We may offer mediation services to help resolve the dispute
Mediation is voluntary and non-binding
We are not obligated to mediate or resolve seller disputes
Step 3: Legal Action
If mediation fails, you may pursue legal action against the seller
Your legal action is against the seller, not the Platform
You agree to resolve disputes with sellers according to their terms
9.2 Disputes with the Platform
For disputes with The Silver Tuna Marketplace (Platform issues, fees, policies, etc.):
Informal Resolution:
Contact us at [email protected]
We will work in good faith to resolve within 30 days
Binding Arbitration:
If informal resolution fails, disputes are resolved through binding arbitration
See our Terms of Use for complete arbitration terms
Arbitration is conducted by the American Arbitration Association (AAA)
Governed by the laws of Florida
Class Action Waiver:
Disputes are resolved individually, not as class actions
You waive any right to participate in class actions
9.3 Chargebacks
Before filing a chargeback with your payment provider:
Contact the seller to resolve the issue
Contact us if seller is unresponsive
Provide opportunity for resolution
Fraudulent chargebacks may result in:
Termination of Platform access
Legal action for damages
Reporting to fraud prevention agencies
Legitimate chargebacks (fraud, unauthorized charges) are acceptable.
9.4 Platform Liability Limitations
The Platform is NOT liable for:
Seller product quality, authenticity, or condition
Seller shipping delays or failures
Seller refund or return issues
Seller fraud or misrepresentation
Disputes between you and sellers
Your recourse for seller issues is against the seller, not the Platform.
10. CANCELLATIONS & MODIFICATIONS
10.1 Order Cancellation by Customer
Before order ships:
Contact the seller immediately to request cancellation
Seller may accept or decline cancellation request
If accepted, you will receive a full refund
If declined, standard return policy applies after delivery
After order ships:
Cancellation is typically not possible
You may refuse delivery and request return/refund
Standard return policy and shipping costs apply
10.2 Order Cancellation by Seller
Sellers may cancel orders for:
Pricing errors or inventory issues
Suspected fraud or payment problems
Inability to fulfill order
Violation of seller terms
If seller cancels, you will receive a full refund.
10.3 Order Modifications
To modify an order (change address, add items, etc.):
Contact the seller immediately
Modifications may not be possible after order processing begins
Additional charges may apply for modifications
11. LIMITATION OF LIABILITY
11.1 Platform Liability
The Silver Tuna Marketplace Is Not Liable For:
Seller products, services, or actions
Product defects, injuries, or damages
Shipping delays or lost packages
Seller fraud or misrepresentation
Transaction disputes or outcomes
Payment processing issues (beyond our control)
Third-party service failures (Stripe, carriers, etc.)
11.2 Maximum Liability
To The Maximum Extent Permitted By Law, Our Total Liability For Any Claims Arising From Your Purchases Shall Not Exceed $100 Or The Amount Of Platform Fees You Paid (If Any), Whichever Is Greater.
Note: We do not charge customers fees for purchases. Sellers pay Platform fees. Therefore, our liability to customers is limited to $100.
11.3 Types of Damages Excluded
We Are Not Liable For:
Direct damages (loss of money or property)
Indirect damages (lost profits or opportunities)
Consequential damages (damages resulting from purchases)
Incidental damages (costs of substitute products)
Punitive damages
Special damages
11.4 Seller Liability
Sellers are liable for:
Product quality, authenticity, and condition
Accurate product descriptions
Order fulfillment and shipping
Customer service and support
Returns, refunds, and warranties
Product defects or injuries
Your claims for product issues are against the seller, not the Platform.
12. ACKNOWLEDGMENT
By Completing A Purchase On The Silver Tuna Marketplace Or One Of Its Sellers Sites, You Acknowledge That:
You have read and agree to these Terms of Sale
You understand you are purchasing from an independent seller, not from the Platform
You understand the seller is responsible for product quality, shipping, and customer service
You understand the Platform’s limited role and liability
You agree to resolve disputes with sellers directly
You have reviewed the seller’s return and refund policy
You have reviewed our Terms of Use and Privacy Policy
13. GENERAL PROVISIONS
13.1 Entire Agreement
These Terms of Sale constitute only a portion of the Platforms term and is your responsibility to understand all terms of our platform and the sellers on our platform
13.2 Modifications
We may update these Purchase Terms at any time. Changes are effective immediately upon posting. Continued use of the Platform after changes constitutes acceptance.
13.3 Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
13.4 Governing Law
These Purchase Terms are governed by the laws of Florida, without regard to conflict of law principles.
13.5 Language
These Purchase Terms are provided in English. Any translations are for convenience only. The English version controls in case of conflicts.
13.6 Contact Information
For questions about these Purchase Terms:
Email: [email protected]
Subject: “Terms of Sale Question”
For order-specific questions:
Contact the seller directly (contact information provided in order confirmation)
If you do not agree to these Terms of Sale, you must not make purchases on the Platform.
Questions and Support
Email Support: [email protected]
Phone: 470-422-9199 | Support Hours: Daily 9 AM – 9 PM EST
Emergency Support: 365/24/7 for critical issues | Issues not deemed critical after hours may be charged for time and service
Questions about this or any other document? Contact us – we’re here to help you succeed.
© 2025 The Silver Tuna Marketplace™ is a trademark of Branded Brain Studio. All rights reserved. No part of this document may be reproduced, distributed, or transmitted in any form or by any means without the prior written permission of Branded Brain Studio.
