3 Little Ducklings, Inc. (“3 Little Ducklings” “we” or “us”) is the owner and operator of the Site and the provider of the Services. This transaction policy (the “Policy”) is only applicable to our Site and our Services and not to any other website, service or online platform. Capitalized terms that are not defined in this Policy have the meaning given them in our Terms of Service.
BY ACCESSING THE SITE, UTILIZING ANY OF THE SERVICES AND/OR REGISTERING WITH US, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS POLICY, INCLUDING OUR TERMS OF SERVICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
As with all Services, your privilege to use 3 Little Ducklings is dependent on your continued compliance with this Agreement, the Terms of Service Agreement, and the procedures and guidelines listed in 3 Little Ducklings Frequently Asked Questions (“FAQ”) section of 3 Little Ducklings website [i]. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Modifications to the Transaction Policy
3 Little Ducklings, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Site. You acknowledge and agree that (i) 3 Little Ducklings may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, 3 Little Ducklings may occasionally notify you of changes or modifications to this Agreement by email. We therefore advise you to keep your User Account information, including your email address, current.
2. Payment Terms
To simplify the transaction process for you, 3 Little Ducklings will be the merchant of record and process payment for all items sold from your account, including relevant shipping charges (“Transactions”). 3 Little Ducklings does not charge its sellers listing fees. Buyers will pay sellers for valid Transactions with Balanced Processing, less a 3 Little Ducklings percent commission (“Commission”) inclusive of any fees charged by Balanced Processing. The rates, terms and conditions of Balanced’s transaction fees can be accessed on Balanced’s website. 3 Little Ducklings, in its sole and absolute discretion, may freeze any payments to your account in the event of a chargeback inquiry until the inquiry is resolved.
3. Policies and Guidelines
You agree to abide by the procedures and guidelines contained in the FAQ for conducting sales, which are incorporated by reference into this Agreement. The procedures and guidelines contained in the FAQ explain the processes and set out acceptable conduct and prohibited practices. 3 Little Ducklings may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the FAQ to understand the current procedures and guidelines for participating and to be sure that the items you offer for sale can be sold on 3 Little Ducklings. Using the processes and timing that 3 Little Ducklings designates, you will provide to 3 Little Ducklings any requested information regarding shipment, tracking (to the extent available), and order status; and 3 Little Ducklings may make any of this information publicly available.
Your password may be used only to access and use 3 Little Ducklings, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.
4. Our Role
3 Little Ducklings provides a platform for third-party sellers (“Sellers”) and buyers (“Buyers”) to negotiate and complete transactions. As a Seller, you may list any item on 3 Little Ducklings, unless it is a prohibited item, [as defined in the procedures and guidelines contained in the FAQ], or otherwise prohibited by law. Without limitation, you may not list any item or link, or post any related material or content, that:
infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy);
constitutes libel or slander, or otherwise is defamatory; or
is counterfeited, illegal, stolen, or fraudulent.
No nudity or inappropriate photography is accepted
3 Little Ducklings reserves the right to reject any items/photos that are submitted
It is up to the Seller to describe the item accurately for sale. As a Seller, you use 3 Little Ducklings at your own risk and 3 Little Ducklings shall not be liable for any losses or damages caused by your use of the Site or the Services.
3 Little Ducklings retains the right to immediately halt any sale, prevent or restrict access to 3 Little Ducklings, terminate your participation on 3 Little Ducklings, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the procedures and guidelines contained in this Agreement [or in our FAQ], as may be amended from time to time in 3 Little Ducklings sole discretion.
For sales where a Seller lists goods, the Seller is obligated to sell the goods at the listed price to Buyers.
By listing an item for sale, you represent and warrant:
Seller shall determine the purchase price for each item he/she lists on 3 Little Ducklings, subject to 3 Little Ducklings’s standard functionality for listing the purchase price; provided that Seller must abide by the same procedures and guidelines contained in the [FAQ] with respect to pricing. There is a fifteen dollar ($15.00) minimum for all items listed for sale.
By entering into this Agreement and posting a listing for sale, you agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
You agree it is the Seller’s and the Buyer’s responsibility to determine whether sales, use, or similar taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. You also agree that 3 Little Ducklings is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.
7. Refunds and Returns
3 Little Ducklings is not liable nor responsible for any disputes regarding refunds and returns. Buyers and Sellers are required to settle disputes for refunds and returns on their own. Both Buyer and Seller agree that each must notify 3 Little Ducklings in the event of any refund or return.
All Sellers must outline return policies in the space provided near the product description. These policies may include, for example, shipping, returns and exchange policies. Sellers must create reasonable policies in good faith and must abide by such policies. All policies must comply with 3 Little Ducklings’s Site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. 3 Little Ducklings hereby reserves the right to request that a seller modify a Seller policy.
B. Record Retention and Chargebacks.
You must retain order and shipment records for no less than three (3) years. Shipment records may include, but are not limited to, shipment provider, related products, tracking number, and/or customer signature at the time of delivery. In the event of a dispute by the customer and/or payment provider, 3 Little Ducklings may request order, shipment, and/or refund records as supporting documentation. Upon request, you must submit supporting documentation to us within five (5) days of notification. Submission of data does not guarantee the funds associated with the transaction. Payment providers and/or issuing banks reserve the right to chargeback or reverse transactions within three (3) years of the original transaction date. Although 3 Little Ducklings may dispute the chargeback or reversal on your behalf, 3 Little Ducklings makes no guarantees to the final outcome and will deduct any reversed transaction amounts, plus applicable fees, from your settlement account. The Fee Schedule in effect at the time the final chargeback receipt is created will govern the transaction.
C. Security Measures.
As a security measure, 3 Little Ducklings may review orders, but is not required to, for potential payment fraud. For suspicious transactions, 3 Little Ducklings reserves the right to cancel/refund orders without notification. Once notified of a new order, Sellers also must complete their due diligence to deter fraud before and during shipment. Sellers ultimately are responsible for any loss associated with the acceptance of the transaction. To further mitigate risk, 3 Little Ducklings may impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. 3 Little Ducklings will not be liable to the Seller if 3 Little Ducklings does not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason.
3 Little Ducklings may refuse service to anyone for any reason. 3 Little Ducklings may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our remitting settlement to the Seller. 3 Little Ducklings reserves the right to seek reimbursement from Seller if 3 Little Ducklings, in 3 Little Ducklings’s sole discretion, decides to reimburse Buyer for escalated disputes, provides a refund to Buyer if Seller cannot promptly deliver the goods, discovers erroneous or duplicate transactions, or receives a chargeback/reversal from Buyer’s credit card issuer or payment provider for the amount of Buyer’s purchase from the Seller. 3 Little Ducklings may obtain such reimbursement by deducting from future payments owed to Seller, reversing any credits or debiting the Payment Method on file, or seeking such reimbursement from Seller by any other lawful means. You authorize 3 Little Ducklings to use any or all foregoing methods to seek reimbursement for fees, chargeback, and refunds, including the debiting of your credit card or checking account.
If 3 Little Ducklings concludes, based on information available to 3 Little Ducklings, that Seller’s actions and/or performance in connection with the Services may result in a significant number of Buyer disputes, chargebacks, or other claims, then 3 Little Ducklings in its sole discretion, may delay initiating any remittances and withhold any payments to be made, or that are otherwise due to you in connection with the Services or this Agreement, for the shorter of: (a) a period of ninety (90) days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Seller’s actions and/or performance in connection with this Agreement. 3 Little Ducklings will not be liable to Seller if 3 Little Ducklings acts in accordance with this provision.
8. Illegal Activity
A. Compliance with Laws; Fraud.
3 Little Ducklings may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and 3 Little Ducklings will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
3 Little Ducklings has the right, but not the obligation, to monitor any activity and content associated with this Site and investigate, as 3 Little Ducklings deems appropriate. 3 Little Ducklings also may investigate any reported violation of its policies or complaints, and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension, or termination of service, denying access, and/or removal of any materials on 3 Little Ducklings, including listings and bids. 3 Little Ducklings reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
C. Disclosure of Information.
3 Little Ducklings also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect 3 Little Ducklings’s systems and customers, or to ensure the integrity and operation of 3 Little Ducklings’s business and systems, 3 Little Ducklings may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
9. Prohibited Items
The following are some of the items which are prohibited from sale on 3 Little Ducklings. 3 Little Ducklings retains sole and absolute discretion to modify this list at any time, and reserves the sole right to determine whether the sale of any particular item is prohibited. Please note that you are responsible for ensuring that any product posted for sale on our website is in compliance with all applicable laws and regulations. Any item that is deemed by 3 Little Ducklings to be illegal for sale, or to fall within one or more of the following categories, is subject to immediate removal from our website. Violations of this Policy may also result in a range of other actions, including but not limited to, confiscation of account privileges, account suspension, account cancellation and/or forfeit of fees on cancelled listings. You may contact 3 Little Ducklings to report suspected violations of this Policy. If you are a copyright or trademark holder who believes that your intellectual property rights have been violated, please contact us by following the procedures outlined in our Terms of Service Agreement.
- Advertisements for other websites, links to outside websites which sell items with non-3 Little Ducklings ordering tools or information, promotional logos to credit outside services.
- All alcoholic beverages, controlled substances and illegal drugs and/or drug paraphernalia.
- Credit or debit cards (active or inactive).
- Domain names.
- Donations and charitable solicitations including without limitation solicitations for donations to charities and non-profit organizations, commercial fundraisers, and any related activities.
- All electronic surveillance equipment.
- Firearms, ammunition, and/or weapons of any kind.
- Gambling items and businesses including without limitation online gambling (including poker), lotteries (including sale of lottery tickets), games of chance (including sweepstakes and raffles), sports forecasting, odds-making, sports trading card “grab bags,” and slot machines.
- Government IDs, licenses, uniforms and other items.
- Hazardous, restricted and perishable items such as those not permitted for mailing, as set forth in USPS Publication 52.
- Healthcare Discount Plans.
- Illegal items and items that encourage, promote, facilitate or instruct others to engage in illegal activity including, but not limited to, Cuban cigars, stock and securities, counterfeit currency, postage meters, burglary tools such as lock-picking devices and motor vehicle master keys, smart cards, password sniffers, cable descramblers, and any other product which may lead to the production of an illegal item or illegal activity.
- Items that infringe upon an individual’s privacy.
- Living creatures of any kind, unauthorized/illegal wildlife products or animal items, such as blood, bodily fluids, skins, organs, tissue, bones, feathers, etc.
- Membership Clubs.
- Miracle Cure Products offering “guaranteed” results, or any non-prescription drugs or medical devices that make false or misleading claims or treatment claims that require FDA approval.
- Unauthorized copies of movies (VHS, DVD, etc.) or unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number) or electronic press kits.
- Offensive material including without limitation crime scene photos, blood, bodily fluids, human organs or body parts.
- Pesticides, toxic or hazardous substances, or items that contain hazardous substances.
- Pornographic and/or sexually explicit services, escort, and/or prostitution services.
- Prescription drugs and medical devices.
- Products that have been recalled by the Consumer Product Safety Commission (CPSC).
- Promotional media that is produced and distributed for promotional use only.
- Real estate.
- Material that infringes on third party intellectual property, including but not limited to, copies, dubs, duplicates, or transfers of books, music, videos, software, and images.
- Trademarked items and/or unauthorized replicas, pirated, counterfeit, and knockoff merchandise.
- Restricted or regulated plants, seeds and/or insects.
- Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without the express permission of a celebrity or his/her management. This includes product endorsements and merchandise such as posters, mouse pads, clocks, clothing and unauthorized celebrity image collections.
- H cards, test cards, smart cards or other items which enable unauthorized transmission/reception of a satellite broadcast/signal.
- The sale of professional or personal services of any kind.
- Software. Only full retail versions of software may be sold through 3 Little Ducklings. Software that has been copied or duplicated in any format is prohibited. Additionally, academic, OEM, back-up, fulfillment, promotional, beta (prerelease), unauthorized freeware/shareware, and “softlifted” software versions are prohibited.
- Stolen goods or property with the serial number removed.
- Teacher’s edition textbooks/manuals that are intended solely for use by teachers.
- Tickets, coupons and gift cards.
- Tobacco and tobacco products.
- Transit and shipping related items including maps and schedules for train-stations, airports, subways and buses.
- Recopied and/or transferred video games, as well as mod chips, silver disks, video game emulators, Sega bootdisks, game enhancers, unauthorized video game compilations, and accessories.
You will not, and will cause your affiliates not to, disclose, convey or use, directly or indirectly, any order information or other data or information acquired by you or your affiliates from 3 Little Ducklings or its affiliates (or otherwise) as a result of the Agreement, the transactions contemplated hereby, or the parties’ performance hereunder (collectively, “3 Little Ducklings Transaction Information”); except that you may disclose this information as necessary for you to perform your obligations under this Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information.
11. No Warranties and General Release
The services are provided on an “as is” basis. 3 Little Ducklings makes no other representations or warranties of any kind, express or implied, including without limitation:
- The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- That the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
- That the information, content, materials, or products included on 3 Little Ducklings will be as represented by sellers at the time of sale, lawful to sell, or that sellers or buyers will perform as promised;
- Any implied warranty arising from course of dealing or usage of trade; and
- Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of 3 Little Ducklings. To the full extent permissible under applicable law, 3 Little Ducklings disclaims any and all such warranties.
If a dispute arises between one or more participants, each of you release 3 Little Ducklings (and its agents 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.
12. Indemnity and Limitation of Liability
A. Indemnity and Defense.
You will defend, indemnify and hold harmless 3 Little Ducklings and its affiliates (and their respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim that relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale, or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and “Seller Taxes” means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through 3 Little Ducklings website, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
B. Limitation of Liability.
3 Little Ducklings will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the participation agreement, the services, the inability to use the services, or those resulting from any goods or services purchased or obtained, or messages received or transactions entered into through the services.
13. Buyer and Seller Disputes
Because 3 Little Ducklings is not the agent of either Seller or Buyer for any purpose, 3 Little Ducklings will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any transaction. 3 Little Ducklings urges Sellers and Buyers to cooperate with each other to resolve such disputes.
By entering into this Agreement and listing an item, you grant 3 Little Ducklings, its affiliates, and sublicensees, a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, distribute, and display the content you submit; and to exercise all copyright, trademark rights, rights of publicity, and database rights over the content you submit to 3 Little Ducklings and its affiliates on the Site, related mobile applications for the Site, and authorized third parties with 3 Little Ducklings’s express permission. For certain merchant and brand accounts, 3 Little Ducklings may limit the license granted to 3 Little Ducklings with respect to content used by such merchants and brands for advertising and promotion. Such limited license grant shall be set forth under the terms and conditions for merchants and brands. You represent and warrant you own or otherwise control all of the rights to the content you submit to 3 Little Ducklings and its affiliates, and that the use of such materials by 3 Little Ducklings and its affiliates will not infringe upon or violate the rights of any third party.
3 Little Ducklings, in its sole discretion, may terminate this Agreement, access to the Services, or any current sales immediately, without notice for any reason. 3 Little Ducklings, in its sole discretion, also may prohibit any Seller from listing items for sale. Seller may terminate his or her participation in 3 Little Ducklings at any time by informing us using the standard method provided by 3 Little Ducklings for such termination. Upon termination, any pending transactions will be canceled.
3 Little Ducklings reserves the right, upon termination, to set off against any payments to be made to the Seller an amount determined by us to be adequate to cover chargebacks and refunds from Seller’s Account for a prospective one hundred and eighty (180) day period. At the end of such one hundred and eighty (180) day period following termination, 3 Little Ducklings will refund any amount not used to offset chargebacks and refunds to Seller, or seek reimbursement from Seller, via any of the means authorized by you in the Security Measures clause of this Agreement, for any additional amount required to offset chargebacks, fees, and refunds, as applicable.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. In the event there is a conflict between the provisions of this Agreement and the provisions of the Terms of Service Agreement, the provisions of this Agreement shall control.
Copyright © 2014 3 Little Ducklings, Inc. All Rights Reserved.