Renfest Store is a Venue
Renfest store acts as a venue to allow users who comply with Renfest Store’s policies to offer, sell, and buy certain Renaissance Festival items within a fixed price format. Renfest Store is not directly involved in the transaction between buyers and sellers. As a result, Renfest Store has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. Renfest Store does not pre-screen users or the content or information provided by users. Renfest Store cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Renfest Store does not transfer legal ownership of items from the seller to the buyer. Renfest Store cannot guarantee the true identity, age, and nationality of a user. Renfest Store encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Renfest Store is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on Renfest Store. You use the Renfest Store service at your own risk.
Renfest Store does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates.
Age: Renfest Store’s are only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using our Services, registering with our Website, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old, (b) you are located and reside in the United States or Canada; (c) all registration information you submit is accurate and truthful; and (d) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to the Agreement. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Listing and Selling
Vendor Registration: Joining and setting up a new account on the Website and Services is free. However, Renfest Store charges a sales commission calculated as a percentage of the sale price of a completed transaction on the Website and Services. The Renfest Store commission is 12% plus any additional fees from PayPal and your banking institution. Renfest Store may change some or all of our Services at any time, without notice and in our sole discretion, and any changes to our fees are effective upon the posting of such changes. Renfest Store also reserves the right to cancel any promotion, discount, coupon, or similar incentive before its originally stated expiration date. In the event Renfest Store introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using our Website and our Services in a timely manner with a valid payment method. Sales tax is added for all purchases within the state of New York.
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Renfest Store’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Renfest Store shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Shop Policies: All sellers are urged to outline shop policies for their Renfest Store shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Renfest Store’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Renfest Store reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Renfest Store’s transaction fees, misrepresent the item’s location, or use another user’s account without permission.
You are solely responsible for your conduct and activities on and relating to Renfest Store and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Renfest Store. Restricted Activities: Your Content and your use of Renfest Store shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Renfest Store staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Link directly or indirectly, reference or contain information about goods or services offered external to Renfest Store.
- Modify, adapt or hack Renfest Store or modify another website so as to falsely imply that it is associated with Renfest Store.
- Appear to create liability for Renfest Store or cause Renfest Store to lose (in whole or in part) the services of Renfest Store’s ISPs or other suppliers
Re-Posting Content: By posting Content on Renfest Store, it is possible for an outside website or a third party to re-post that Content. You agree to hold Renfest Store harmless for any dispute concerning this use. If you choose to display your own Renfest Store -hosted image on another website, the image must provide a link back to its listing page on Renfest Store.
Renfest Store does not control the Content provided by users that is made available on Renfest Store. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Renfest Store, you agree to accept such risks and that Renfest Store (and Renfest Store’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Renfest Store. Please use caution, common sense, and practice safe buying and selling when using Renfest Store.
Other Resources: Renfest Store is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Renfest Store does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Renfest Store 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, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
In the event a dispute arises between you and Renfest Store, please contact Renfest Store. Should you have a dispute with one or more users, or an outside party, you release Renfest Store (and Renfest Store’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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. Renfest Store encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Renfest Store, for the benefit of users, may try to help users resolve disputes. Renfest Store does so in Renfest Store’s sole discretion, and Renfest Store has no obligation to resolve disputes between users or between users and outside parties. To the extent that Renfest Store attempts to resolve a dispute, Renfest Store will do so in good faith based solely on Renfest Store’s policies. Renfest Store will not make judgments regarding legal issues or claims.
Access and Interference
Much of the information on Renfest Store is updated on a real-time basis and is proprietary or is licensed to Renfest Store by Renfest Store’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Renfest Store for any purpose without Renfest Store’s prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Renfest Store’s sole discretion, an unreasonable or disproportionately large load on Renfest Store’s infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Renfest Store and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Without limiting any other remedies, Renfest Store may, without notice, and without refunding any fees, delay or immediately remove Content, warn Renfest Store’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 the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
REFEST STORE, RENFEST STORE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND REFEST STORE’S SUPPLIERS PROVIDE REFEST STORE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. REFEST STORE, REFEST STORE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND REFEST STORE’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM REFEST STORE 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 REFEST STORE, AND (AS APPLICABLE) REFEST STORE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR RENFESTSTORE’S 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 THE SITE, REFEST STORE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. RENFESTSTORE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF REFEST STORE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO REFEST STORE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $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.
YOU AGREE TO INDEMNIFY AND HOLD REFEST STORE AND (AS APPLICABLE) REFEST STORE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Renfest Store does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Renfest Store’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Renfest Store’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Renfest Store are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Renfest Store Service
Renfest Store’s sole discretion, in good faith, and using common sense and reasonable judgment.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Renfest Store’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Unless expressly provided elsewhere in the Agreement, any notice, demand, claim, or communication related to the Agreement may be provided by: electronic mail transmission sent to the following:
The email or physical address associated with your user account.
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or 72 hours after delivery by mail or courier. The parties agree that service of process and service of a summons related to any disputes arising under this Agreement between the parties can be served via this notice provision.