Last updated on November 14, 2018
Apartment Therapy Marketplace is an online peer-to-peer marketplace that allows registered Users to buy and sell High-Quality New, Vintage, Antique, Designer, Handcrafted and Resale furniture, decor and furnishings for the Home, in a variety of pricing formats and locations. Any actual contract for sale is handled directly between the applicable buyers and sellers, using our Service to communicate transaction details.
As part of the Services, registered Users may choose to post information to the Service about home items that you or such other Users would like to offer for sale to Apartment Therapy Marketplace (such information, a "Listing," and such Users, "Sellers"). Other Users who may be potential buyers ("Buyers") may ask the applicable Seller questions and offer to pay an amount of money, listed price or otherwise, in order to obtain the items included in the applicable Listing. If a Seller accepts an offer or selects to accept Payment, the applicable potential Buyer(s) can checkout with Paypal (or other "Third-Party Payment Processor") off-site or make arrangements to pay for the item with a cash payment in-person. A Seller is free to negotiate and counter offers of multiple potential Buyers simultaneously. The first potential Buyer to successfully submit the agreed upon payment amount to a Seller will become the official Buyer of such items. If such Seller Accepts Payment, that Seller will deliver or ship such items to the applicable address provided by the such official Buyer or pick-up location previously agreed upon in accordance with this Agreement, at which time the official Buyer will become the owner of such items.
Registration is required to access certain features of our Service, such as posting and sending a message to another User. If you choose to register, you are required to enter a valid email address, password, and public display name. You must keep your account information up-to-date and accurate at all times and you are responsible for maintaining the confidentiality of this information. By joining Apartment Therapy Marketplace, you agree to receive non-optional notification emails associated with account messaging and actions.
In connection with your use of our Service, you agree to abide by the following account restrictions at all times:
In connection with your use of our Service, you agree to abide by the following code of conduct at all times:
You may permanently delete your account by emailing a request to Marketplace@ApartmentTherapy.com. If emails to your account are undeliverable, or if you mark one of our emails as spam, your account will automatically be suspended. Apartment Therapy Marketplace reserves the right, in our sole discretion, to permanently delete or suspend accounts that are unconfirmed, inactive for a period of 12 months or more or that are permanently blocked.
Apartment Therapy Marketplace allows you to post content, including photos, comments, messages, links and other materials. Anything that is posted or otherwise made publicly available on our Service by a User, including you, is referred to as "User Content." You retain all rights in, and are solely responsible for, all User Content that you post to our Service.
Occasionally, the Services will expressly allow you to redistribute, or "share," Content for personal, non-commercial use, such as through your social network account, email or messaging when you think the Content will be of interest to others. When Content is authorized for sharing, we will clearly identify the Content that you are authorized to redistribute and the ways you may redistribute it, usually by providing a "share" button on or near the Content. However, please note that we may revoke this authorization at any time. Additionally, if you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
We love hearing from our Users and are always interested in learning about ways we can improve our Service. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Apartment Therapy Marketplace does not waive any rights to use similar or related feedback previously known to Apartment Therapy Marketplace, developed by its employees or obtained from sources other than you. You can email feedback submissions regarding Apartment Therapy Marketplace to email@example.com.
All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such User Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed or warranties made via User Content. Any use or reliance on User Content on our Service is at your own risk. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, including without limitation, with regards to product specifications, colors, textures, dimensions, condition, value, origin, authenticity, functionality or appropriateness for use; or that the Content on the Services reflects updated information in areas such as availability or market developments such as product recalls. We therefore encourage you to independently confirm with other sources any data, images, information, suggestions, guidance or other materials or Content made available on or through the Site or Services. Under no circumstances will Apartment Therapy Marketplace be liable for any losses or damages incurred as a result of the use of User Content available through our Service or syndicated elsewhere.
We do not pre-screen or verify Users or User Content. You understand that by using our Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, listings that have been mislabeled or are otherwise deceptive. If you come across User Content that you feel is inappropriate, you can email us at firstname.lastname@example.org.
Our Service may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by Apartment Therapy Marketplace. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, service or content from Apartment Therapy Marketplace, you do so at your own risk. You also acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources arising from your use of or access to any such third-party website, service or content. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, items or services available on or through any such website or resource.
The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
If you believe that any content appearing on our Service, including content created and/or displayed by Apartment Therapy Marketplace or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to our copyright agent at email@example.com with "DMCA Takedown Request" in the subject line. You may also contact us by mail at:
Apartment Therapy Marketplace
Attn: Legal Dept.
270 Lafayette Street, Suite 1300
New York, New York 10012
To be effective, the notification must be in writing and contain the following information:
Apartment Therapy Marketplace is not involved in transactions between you and other Users. By connecting with other Users via our Service, you are entering into a direct and personal relationship with that User. This includes meetings, payments, delivery, returns, conditions, warranties and representations. You agree that Apartment Therapy Marketplace shall not be held liable for your dealings and interactions with other Users, including any losses or damages resulting from such dealings or interactions.
As part of the Services, you may send a message with an offer to purchase items made available through our Service. All items included in Listings are provided by Apartment Therapy Marketplace Users and not directly by Apartment Therapy Marketplace. You hereby acknowledge and agree that: (a) you are solely responsible for reading the full item listing before offering a bid or commitment to buy; (b) when you use the Services to commit to pay a certain amount of money to an applicable Seller for items included in an applicable Listing, you enter into a legally binding contract with such Seller to attempt in good faith to purchase such items, (c) we do not transfer legal ownership of items from the Seller to the Buyer and have no responsibility or liability in connection therewith; (d) your purchases through the Services are transactions between you and the applicable User and not with Apartment Therapy Marketplace or any of our affiliates; (e) we do not in any instances make any representations, warranties or guarantees as to whether an applicable Buyer or Seller will choose to accept or reject a transaction, and we have no liability to you with respect to any such choice; (f) we are not a party to your payment transaction for such purchases; (g) we do not design, manufacture, store, ship or otherwise control any items or services made available for purchase by Apartment Therapy Marketplace users or Third Party Sites and (h) we do not make any representations or warranties with regard to any items made available through the Services or your potential related experiences.
We do not process payments for items included in Listings posted to our Service. Users can opt to use a 3rd party payment processor to send or receive payment in which, the processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor. For each item you purchase through the Services, you agree to pay the agreed upon payment amount applicable for the item. You hereby acknowledge and agree that the total charge for any purchase in connection with an applicable Listing may include shipping fees and state and local sales tax, the amount of which varies (e.g., due to factors including the type of item purchased and the shipping destination). Each User of Apartment Therapy Marketplace shall be solely responsible for all applicable sales taxes, or other taxes, customs, import/export charges or similar governmental charges on orders shipped to any other state or on orders shipped outside the United States.
All sales of items through the Services are binding, final and not eligible for any return or refund of any nature whatsoever. As between us and Sellers, Sellers shall be solely responsible for all shipping costs or responsible for collecting shipping costs from the Buyer with respect to any items sold using the Services at such Seller's sole expense. Buyers must use the Services to provide the address to which the applicable items will be shipped to an applicable Seller simultaneously with payment for such items. Such Sellers shall ship the applicable items to the address of the Buyer or other indicated address within (14) days after such Seller Accepts Payment from such Buyer. As between us and Users of Apartment Therapy Marketplace, Sellers and Buyers shall be solely responsible for (i) determining and agreeing to (A) shipping methods for applicable items and (B) Sellers' and Buyers' applicable payment obligations in connection therewith, including payment of any applicable sales or other taxes, and (ii) for complying with all laws and regulations applicable to any sale, purchase or shipment of items. Sellers shall have the right to determine the shipping methods and costs for the sales of applicable items and to factor such costs into any decisions of such Seller regarding the acceptance or rejection of any Buyer's offer, such Seller's extension of any counteroffer or whether to move forward with a transaction in connection with an applicable Listing.
In connection with your use of our Service, you agree to abide by the following messaging restrictions at all times:
Prior to purchasing an item on Apartment Therapy Marketplace from any User, you are advised to independently verify the applicable information and read any applicable third parties' sales, legal and privacy policies. We reserve the right (but have no obligation) to mediate disputes between Users and Third Party Sites for the sole purpose of customer satisfaction and conflict resolution. Our mediation does not constitute our involvement with the transaction. The outcome of our mediation shall not restrict other legal remedies and rights you may have. In the event that we mediate a dispute, you agree to hold Apartment Therapy Marketplace, its officers, employees, agents, and successors, harmless and not liable for and claims, losses, damages or costs resulting from the resolution.
By listing to our Service, You hereby acknowledge and agree that: (A) you are solely responsible for the accuracy and content of your Listing; (B) we cannot guarantee exact Listing durations; (C) User Content, including without limitation any Listing, that violates this Agreement may be modified or deleted at our sole discretion; (D) we may modify or promote certain Listings at our sole discretion; (E) we reserve the right in our sole discretion to delete any Content for any reason whatsoever without notice to you, including without limitation because we believe for any reason that a Listing may include a replica, counterfeit, or other prohibited items or for curatorial or editorial reasons; (F) appearance or placement of Listings in search results will depend on a variety of factors (for example, location, search query and history) and, as such, a Listing may not appear in some search results regardless of the sort order chosen by the buyer]; (G) when you receive messages or payment from Buyers, you must use the Services to respond within (72) hours of receipt to continue the transaction process or to accept such payment and agree to deliver or ship listed items to such Buyer within fourteen (14) calendar days; (H) if you accept Payment for your listed item, you enter into a legally binding contract with the applicable Buyer, pursuant to which you agree to deliver or ship such item to such Buyer in accordance with this Agreement and title to and ownership of such items automatically passes to that buyer upon Buyer receiving such items; and (I) we do not transfer legal ownership of applicable items from an applicable Seller to an applicable Buyer and have no responsibility or liability in connection therewith.
Any prices of items included in any Listing are set by the Apartment Therapy Marketplace User that provides the applicable items and are subject to change. Although we try to make sure the Services only display accurate prices, and we try to assist in correcting errors as we become aware of them, you may occasionally encounter mis-priced items. Therefore, we cannot guarantee the accuracy or timeliness of any Content made available through the Services. Occasionally, there may be information on our Site or Services that contains typographical errors, inaccuracies or omissions, including related to descriptions, pricing, or availability of items included in Listings. If any information on the Site or Services is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, change or update information or cancel any transactions through the Services at any time without prior notice.
Please note that the colors of items shown in Listing images may depend on the settings of your monitor or screen, and therefore the color of an item on your display may differ from the item that you actually receive.
In connection with your use of our Service, you agree to abide by the following listing policies at all times:
Your listing must have the following fields completed before publishing:
All Sellers must denote the above, upon creation of a listing, as accurately as possible.
In connection with your use of our Service, Users are allowed to list for sale as the owner, High-Quality New, Vintage, Antique, Designer, Handcrafted and Re-sale items for the Home, that align within the following Categories & Sub-Categories:
And that correspond with the following Markets:
We may reach out to you at any time with a more detailed inquiry about your listed item(s) or business. Please be prepared to provide additional details about the origins of the listed item, your business, your role in the design process and/ or your production process. Please be assured that Apartment Therapy Marketplace will not use the private information you provide us for any purpose other than reviewing your listed items to determine if you are in compliance with our policies.
We reserve the right to reject any Listings or Users that do not adhere to our current listing policies. If you are uncertain as to whether your listing is allowed to be listed, or have a question about how these requirements apply to you, contact us at firstname.lastname@example.org.
The following listings are not allowed or inappropriate for listing on our Service and will be removed if listed:
The following categories of listings, businesses and business practices are strictly prohibited on our Service ("Prohibited Businesses" or "Prohibited Listings"). The categories listed below are representative, but not exhaustive. You may not to use the Service for anything that violates any laws, the rights of any third-party or that fall into any of the following categories. Failure to comply will result in automatic account block.
It is free to use Apartment Therapy Marketplace and register for an account, make a purchase from another User, and list items for sale. There are no membership, or listing fees associated or collected on behalf of joining, browsing, shopping or selling on Apartment Therapy Marketplace.
All Sellers who opt to use a Third Party Payment Processor to collect payment from Buyers are subject to any associated fees occurred using such Third Party Payment Processor.
Apartment Therapy Marketplace retains the right to introduce paid Service features that incur fees in the future or begin collecting fees for existing services with your explicit agreement. At which time, you are responsible for paying all fees and applicable taxes associated with using Apartment Therapy Marketplace. Unless otherwise stated, all fees are quoted in US Dollars (USD). If you choose to pay fees with another currency, you are responsible for all bank fees associated with such payment.
Users who have purchased Certification previously on Apartment Therapy Marketplace are marked as "Certified" for one year from the purchase date. Certification of a User indicates that a good faith attempt was made by Apartment Therapy Marketplace to verify the User's identity. Certification does not prove the honesty or trustworthiness of a User. Apartment Therapy Marketplace may, in its sole discretion, choose to temporarily or permanently remove a User's certification status at any time and without notice.
Apartment Therapy Marketplace strives to safeguard User information by using generally accepted industry standard means of protection to ensure that User information is kept private during transmission and storage. However, no method of storage or transmission over the Internet is ever 100% secure, therefore we cannot guarantee absolute security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of User information at any time.
Your Apartment Therapy Marketplace account is protected by a password for your privacy and security. Your password is securely stored and Apartment Therapy Marketplace does not have access to it. You need to prevent unauthorized access to your account by selecting and protecting your password appropriately, and by limiting access to your computer and browser by signing off after you have finished accessing your account. You are responsible for safeguarding the password that you use to access our Service and for any activities or actions conducted under your password, whether or not you have authorized such use. You agree to notify Apartment Therapy Marketplace immediately of any unauthorized use of your account.
If you find a security vulnerability with Apartment Therapy Marketplace, do not publicize it and avoid data deletion, unauthorized data access and service disruption while testing the vulnerability you found. Contact us immediately at email@example.com and give us enough detail to reproduce the vulnerability.
You may not do any of the following while accessing or using our Service:
Apartment Therapy Marketplace retains the right to determine the content, appearance, design, functionality and all other aspects of our Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality and other aspects of our Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to delist, or to require a User not to list, any or all products in our sole discretion.
In connection with your use of our Service, you must at all times comply with all applicable domestic and international laws, statutes, ordinances and regulations. If you are located outside of the United States, in connection with your use of our Service you must at all times comply with all applicable United States laws, statutes, ordinances and regulations. Additionally, you shall be responsible for paying any and all taxes, if applicable.
Without limiting any other remedies, Apartment Therapy Marketplace may, without notice and without refunding any fees, delay or immediately remove User Content, warn Apartment Therapy Marketplace's community of a User's actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to our Service, take technical and legal steps to keep a User from using our Service and refuse to provide services to a User if any of the following apply:
APARTMENT THERAPY MARKETPLACE, ITS OFFICERS, MEMBERS, MANAGERS EMPLOYEES, AGENTS AND SUPPLIERS: (i) PROVIDE OUR SERVICE "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY; AND (ii) SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM APARTMENT THERAPY MARKETPLACE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL APARTMENT THERAPY MARKETPLACE, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICE, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE LIABILITY OF APARTMENT THERAPY MARKETPLACE, AND (AS APPLICABLE) THE LIABILITY OF APARTMENT THERAPY MARKETPLACE'S OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR TO ANY THIRD-PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO APARTMENT THERAPY MARKETPLACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (ii) $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.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent in accordance with the notice provision set forth below. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Our Service is always evolving and the form and nature may change from time to time without prior notice to you. Apartment Therapy Marketplace reserves the right to modify or terminate our Service for any reason, without notice, at any time.
Apartment Therapy Marketplace will deliver all notices to the email address you provided to us in your account settings, by posting on our Service or by any other messaging services associated with our Service. Notice shall be deemed given 24 hours after notice is emailed, posted or sent. You consent to receive communications from us, whether required by law or otherwise, either by email if you have provided us with your email address or by notice posted on our Service as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an email address that you provide to us. Any notices given to Apartment Therapy Marketplace shall be delivered by postal mail to:
Apartment Therapy Marketplace
Attn: Legal Dept.
270 Lafayette Street, Suite 1300
New York, New York 10012