Terms & Conditions

TERMS OF SERVICE

  1. Introduction

You are entering into this Agreement with Euphory (as applicable “Euphory”, “We”, “Our”, or “Us”). When You (individually, or the entity that You represent, each a “User”) access Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein. If You do not agree to this Agreement, or any additional terms referenced herein, You must not access the Service or attempt to send any content to Euphory. In agreeing, sending Content to Euphory or purchasing, You also represent that You have the authority to bind Yourself and/or the company You represent. Capitalized terms are as defined throughout this Agreement. As we may modify any terms herein at any time You should periodically visit this page to review all current terms.

Please read these terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information.

  1. Services

This Agreement applies to all Euphory services (on any and all formats or devices), and this website (collectively, the “Service(s)”). The Service provides an online social marketplace where Users can send their Item listings to the Euphory platform and Euphory will list the items (“Items”) for the Sellers. Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service, once the Buyer agrees to purchase the item and the Seller agrees to sell the Item, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Euphory is not a party to such sale or purchase. Euphory will only create the listing and facilitate the buy and sale process.

There are risks that you assume when dealing with others, and these risks are borne by You alone, and not Euphory. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.

  1. Third Party Material

Euphory will not be liable in any way for (1) any items or content on the Service sent by third parties, other users, or at the direction of users to Euphory (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Euphory does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Euphory reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third-Party Materials.

  1. Your Responsibilities

As a Seller, You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you send to Euphory.

  1. Your Content

As Users of Our Services, all information, including items, messages, offers, purchases, sales, etc. that You submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content, including the correct and legal permissions and consents for any personally identifiable information you may provide to, the Euphory Service(s). By submitting Content, you hereby grant and will grant to Euphory a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use in any manner your User Content in connection with the operation of the Service. You understand and agree that Euphory will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Euphory are non-confidential and Euphory shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.

  1. Intellectual Property Rights

You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Euphory retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Euphory intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Euphory Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Euphory. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Euphory.

  1. Purchase and Sale Transactions
  1. Risks, No Warranty. You assume certain risks in using a marketplace service such as Euphory. Euphory is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand You bear all of the risks in selling or purchasing of items on the Service.
  2. Fees.  Euphory will charge a commission of 10% on each transaction or sale of an Item.
  3. Sellers. You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely. Note that if you are selling a replica outfit or jewelry, you agree to describe the nature of such accurately and truthfully. Do not, under any circumstances, sell a replica or designer inspired outfit under false pretenses. When you sell a designer piece, you are guaranteeing the authenticity of that Item and agree to provide all receipts available. 
  4. Buyers. You are solely responsible for reading and reviewing the Item listing before making an offer or purchasing. The contract to purchase is between You and the Seller, not Euphory. Note that Buyers are responsible for the shipping unless Seller specifically agrees to cover it.
  5. Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Euphory including any shipping or additional fees listed. Euphory is NOT a Seller or carrier. Service includes listing and facilitating a sale, but Euphory is not a Buyer or Seller of Items.
  6. Shipping. Buyers and Sellers may mutually agree on a shipping or pick-up service.
  7. Payments. Buyers may pay for Items using payment methods approved by Euphory, and Euphory will receive payment from Buyer on behalf of Seller. Euphory will remit Buyer’s payment to the Seller after deducting its commission. The payment made by the Buyer will be held in escrow until the Buyer receives the item. Once the Buyer receives the item, the payment will be released to the Seller.
  8. Returns. Unless as otherwise provided herein, Euphory does not allow returns. If an Item is not as described on the Service, you the Buyer, are required to initially attempt to resolve the issue with the Seller. Euphory shall have final determination regarding the accuracy of item descriptions and has the sole authority to determine whether a refund is or is not warranted. Buyer and Seller understand and agree that they will abide by any final determinations made by Euphory in respect to any such issues and returns.
  1. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, EUPHORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EUPHORY MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

EUPHORY MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.

  1. Limitations on Liability

Euphory is not liable for (1) any Content posted on Our Services; (2) purchases, sales, or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may be used by other Users through the Services; (5) any of the Third Party Material(s) You may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to Euphory pursuant to the Services (7) any cost of substitute goods or services.

You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree Euphory will have no liability or responsibility with respect to such interactions, purchases, or sales. Euphory reserves the right but is under no obligation to become involved in any dispute between You and another user.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EUPHORY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT EUPHORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL EUPHORY BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO EUPHORY AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).

THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

  1. Indemnity

You agree to release, defend, indemnify and hold Euphory, its affiliates and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from Your actions (or inactions), Your use (or misuse) of our Services, Your breach of the Terms, or You and Your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

  1. Mobile Services

When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that You are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.

  1. General

12.1 Governing Law

Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of the State of Texas without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in Dallas County, Texas. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.

12.2 Dispute Resolution, Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY.

Euphory is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes, please reach out to the WhatsApp number provided on the website. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by You to Euphory, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Texas law or United States federal law.

12.3 Severability, Headings, Non-waiver

The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, Euphory will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.

12.4 Modifications

THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY EUPHORY IN ITS SOLE DISCRETION AT ANY TIME. Euphory may modify or discontinue the service with or without notice. Euphory is not liable to You or any third party for any such modification or discontinuation.

12.5 Termination

We may suspend or terminate the Services or remove your listing at Our discretion without explanation, notice, and liability to Euphory including removing and discarding any items or content within the Service, for any reason, though We will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by giving notice to Euphory at any time. Euphory will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.

12.6 Electronic Communication, Documentation

When you use the Service or send e-mails or messages to us, you are agreeing to communicate with us electronically. This Agreement and any other documents referenced herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding.

12.7 Notices

You agree We will provide notices and messages to You within the Services, or if required, via email or message. You may provide Euphory notice and will be deemed provided once received by Euphory, addressed via SMS to the WhatsApp number provided.

12.8 Questions, Comments

Please contact us with any questions, comments, or to report a violation of this Agreement using the WhatsApp number linked on the website:

 

 

Shopping Cart
Open chat
1
Hello 👋
How can we help you?