Terms and conditions

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site. The term “Pacificamarket” includes Pacificamarket and its owners, principals, affiliates, agents, representatives, heirs, executors, attorneys, successors and assigns.

1. Agreement. This Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of www.pacificamarket.com (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Pacificamarket upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.pacificamarket.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.pacificamarket.com/policies

3. Ownership. All content included on this site is and shall continue to be the property of Pacificamarket or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

5. Trademarks. Pacificamarket and others are either trademarks or registered trademarks of Pacificamarket. Other product and company names mentioned on this Site may be trademarks of their respective owners.

6. Site Use. Pacificamarket grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Pacificamarket and Pacificamarket may terminate your use of this website at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and hold Pacificamarket and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

9. Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. PACIFICAMARKET DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

10. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL PACIFICAMARKET BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. Pacificamarket reserve the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Jekope Kaloumaira who can be reached as follows:

By Mail: 2866 Chateau Way, Laguna Beach CA 92651

By Phone: +1 707 393 1392

By e-mail: jekope@pacificamarket.com

13. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Pacificamarket or its affiliates.

14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15. Termination. Pacificamarket may terminate this Agreement at any time, with or without notice, for any reason.

16. Contact Information.

HOW TO CONTACT US:

Email address: support@pacificamarket.com

Privacy Policy

1. Our Commitment to Privacy. This notice describes our Privacy Policy. Our privacy policy is designed to advise you about how we collect, use, and protect the personal information you provide. By visiting this site, you are accepting the practices described in this Privacy Policy.

2. What Information is Collected.

 (a) Information You Provide to Us: We collect any information you enter on our site, or that you give us in any other way. You can choose not to provide certain information, but you may not be able to take advantage of our services and features.

(b) Automatic Information: When you visit a website, you disclose certain information, such as your Internet Protocol (IP) address and the time of your visit. This site, like many other sites, records this basic information about visits to our site.

(c) “Cookies”: Cookies are pieces of information that are transferred to your computer from a web server. Most browsers are set up to accept cookies, but you can change your settings to have your browser notify you when you receive a new cookie or to refuse to accept cookies.

3. How and When the Information is Used. The information we collect is used for administering our business activities. Occasionally we may use the information to notify you about changes to our website, new services, or special offers.

4. How We Protect Your Information. The privacy and protection of your information is important to us. We do not make any personal information available to third parties without your permission.

Your access to some services and content is password protected. We advise that you do not disclose your password to anyone. In addition, we recommend you sign out of password-protected services at the end of your session.

5. Who Has Access to the Information. Information about our users is important to us. We will not disclose any individually identifiable information to any third party without first receiving that user’s permission.

6. Methods We Use to Protect Your Information. We use security software to protect the confidentiality of your personal information. In addition, our business practices are reviewed periodically for compliance with policies and procedures governing the security and confidentiality of our information. Our business practices limit employee access to confidential information and limit the use and disclosure of such information to authorized persons.

7. Children. This website does not provide services or sell products to children under the age of 18. If you are under 18, you may use this website only with the involvement of a parent or guardian.

8. How You Can Access Your Information. You can request access to all your personally identifiable information by sending an e-mail to support@pacificamarket.com

9. Consent. By using our website, you consent to the collection and use of your personal information as described in this Privacy Policy.

10. Changes to Privacy Policy. If our Privacy Policy or procedures change, we will immediately post those changes to our website. Any such changes will be effective immediately upon being posted, unless otherwise stated in the change.

11. Effective Date. This Privacy Policy is effective as of 1st of May 2018.

12. “Do Not Track” Policy.  Our service uses the following tracking methods: Cookies. We respond to “do not track” setting by Turning off cookies for a particular user.

13. Third Party Tracking. Third parties do collect personally identifiable information about an individual consumer’s online activities on our website.

How to contact us:

All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact by mail or email at the following:

Attn: Support Team

Address: 2866 Chateau Way, Laguna Beach CA 92651

Email: support@pacificamarket.com

We welcome your questions and comments.

 

Code of conduct

This code sets out principles and behaviours that the Pacifica Market community reasonably expects of buyers and sellers participating in online auctions. 

Basic Principles

The community expects buyers and sellers to:

1.    Conduct themselves honestly and in good faith at all times.

2.    Comply with all laws, including sale of goods and intellectual property laws.

3.    Comply with Pacifica Market’s terms and conditions.


Sellers agree to:

·         Describe items fully and accurately and answer questions promptly.

·         Respond to emails as soon as possible, and within two working days.

·         Ensure items are shipped as soon as possible, and within a week of receiving payment and delivery address, unless otherwise indicated in the listing or agreed by both parties.

·         Shipping charges should not be inflated for profit, and must be a fair and reasonable reflection of the actual packaging and postage costs.

·         Not place negative feedback without making best endeavours to resolve issues through email first.

·         Not engage in retaliatory feedback or behaviour.

·         Not subsequently spam previous buyers.


Buyers agree to:

·         Respond to emails as soon as possible, and within two working days.

·         Pay for goods purchased as soon as possible, and within a week of the auction closing and receiving payment details.

·         Not place negative feedback without making best endeavours to resolve issues through email first.

·         Not engage in retaliatory feedback or behaviour.

·         Not subsequently spam previous sellers.


Professional traders (sellers who are in-trade) agree to:

·         Comply with all relevant laws.

·         Disclose they are selling in trade.

·         Ensure goods are of acceptable quality, safe and durable, and draw attention to any defects.

·         Ensure goods are fit for the purposes including any purposes indicated in the listing.

·         Act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund.

·         Ensure delivery terms are clear and can be met eg. include shipping costs, taxes, fees and estimated delivery times.

General Marketplace photo policy and guidelines

This policy applies to all ‘in trade’ sellers on Pacifica Market, and is as follows:

Acceptable:

·         Large, clear images of the item for sale.

·         Small, transparent watermarks used to show ownership or attribution only. As a guide, watermarks should be smaller than 5% of your photo, and more transparent than 50%.

·         Photos clearly showing any product flaws or defects.

·         Other items in the photo are only there to help the buyer (e.g. to show scale/sizing).

Unacceptable:

·         The main listing photo does not show the item for sale.

·         Photos that don’t accurately represent the product for sale (e.g. using stock images* for second-hand, damaged or faulty items).

·         Photos that use watermarks, logos, artwork, photo borders or text to convey messages, e.g. that there’s no image available, low stock availability or any other marketing messages.

·         Photos that include contact details, website addresses or any other branded marketing.

·         Watermark or logos that obscure or interfere with the item in the photo. As a guide, watermarks should be smaller than 5% of your photo, and more transparent than 50%.

 

Non-compliance may result in:

·         Immediate removal of offending photos/videos by Pacifica Market.

·         Adjustment of listings in search results until listings are acceptable.

 

*Stock images may be used with the rights holder’s express permission for brand new products and “as new" refurbished products, if the product has no visible flaws or defects and the image accurately reflects the product’s quality. 

 

What’s the minimum photo size? 

Photos need to be a minimum of 500 pixels on the longest side in order to be uploaded. The larger the photo, the better experience it is for your buyers. 

What are pixels? 

The word ‘pixel’ means a picture element and they are the smallest unit of information that makes up a picture – every photograph in digital form is made up of pixels. The more pixels you have, the more closely the photo resembles the original thing you have taken a photo of. The more pixels you have, the clearer the zoom quality will be. 

How can I re-size my photos? 

If you need to resize your images, there’s a bunch of websites you can try. This website will give you a rundown of those. 

I’ve checked my photos and some of them aren’t big enough – what do I do? 

We recommend taking new photos, rather than trying to resize old ones. The main aim is to improve photo quality for buyers – if you’re just making smaller photos bigger, this can dramatically affect the quality of them.

If you use a smartphone or digital camera to take the new photos they should be the perfect size.

Please don’t use photos found on Google, as often these won’t be large enough and you may be infringing on other people’s intellectual property rights – our terms and conditions require that you hold copyright over, or have permission to use, any photos uploaded. 

What are the specifications for photos? 

Photo file format: .gif, .bmp, .png, .jpeg or .jpg format

Photo size limit: under 5MB file size

Photo quality: at least 500 pixels or more on the longest side 

What happens if I don’t stick to the policy? 

Please make sure all your listings adhere to the policy. If they don’t, your photos and/or videos could be removed or adjusted in search results. 

Feedback policy

Feedback is provided to facilitate trading between members on the Pacifica Market website. It is designed to assist members in their decision to trade with a particular member, and to help Pacifica Market assess whether traders are meeting other members’ expectations.

Feedback should be relevant to the specific transaction, and factual. 

Pacifica Market will only remove feedback where it breaches our feedback terms and conditions. Feedback that is over 30 days old will not normally be reviewed by Pacifica Market. 

If you have concerns about feedback that has been placed about you, you should contact the other trader to resolve the issue in the first instance. You can respond to issues raised in the feedback through the ‘post response to this feedback’ link beneath the feedback you have received, and this will appear alongside the other member’s comments on your feedback page. 

Although certain exceptional circumstances will result in feedback being removed or edited, feedback will remain a permanent part of your Trade Me record. Pacifica Market does not arbitrate negative feedback. 

Feedback will be edited or removed if Pacifica Market considers that:

·         it contains swear words or other offensive or inappropriate content.

·         it contains defamatory statements.

·         it contains the trader’s private personal information, contact details or other means to individually identify the trader.

·         the trader placing feedback has been permanently removed from Pacifica Market.

·         the feedback refers to any ongoing investigation by Pacifica Market, the police, or any other authorised party.

·         Pacifica Market receives a court order to remove feedback, or where Pacifica Market otherwise considers it appropriate to remove the feedback.

 

Take care not to post defamatory statements about anyone, as you can be held legally responsible for damaging another member’s reputation. A widely used definition is: 

A defamatory statement is one that tends to lower the person in the estimation of right-thinking members of society, or which tends to cause him or her to be shunned or avoided, or which tends to cause a person to be exposed to hatred, contempt or ridicule, or which is a false statement about a person to his or her discredit. 

As outlined in our Code of Conduct, members should not place retaliatory feedback. 

Received some unfair feedback? Get in touch.