eBay Luxury Pop Up Exchange Terms and Conditions
These Terms and Conditions govern the eBay Luxury Pop Up Exchange Program (the “Program”) offered by eBay, Inc. (“eBay”).
BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER INCLUDED IN THE USER AGREEMENT, WHICH AFFECTS HOW DISPUTES WITH EBAY ARE RESOLVED.
1. THE PROGRAM
The Program offers eligible participants at certain locations (each, a “Pop Up Location”) on the dates which the Pop Up Location is open to the public (as communicated on advertising and promotional material for the Pop Up Location) (the “Pop Up Period”) the opportunity to exchange certain eligible luxury goods owned by the participant (the “Property”) for goods available for sale at the Pop Up Location.
The Program is open to legal residents of the Fifty (50) United States and the District of Columbia who: (i) have an eBay account in good standing; and (ii) are physically present at the Pop Up Location during the Pop Up Period.
The following are eligible types of Property: Bvlgari, Tiffany & Co., Cartier, Van Cleef & Arpels, David Yurman, Rolex, Breitling, OMEGA, Patek Philippe, TAG Heuer, A. Lange & Söhne, Audemars Piguet, Blancpain, Louis Vuitton, Chanel, Dior, Givenchy, Fendi, Loewe, Prada, Gucci, Saint Laurent, Goyard, Bottega Veneta, Chloe, Celine, Balenciaga. eBay will determine whether Property meets the eligibility requirements set forth herein in its sole discretion. Damaged, dirty, heavily worn, torn, counterfeit, imitation, or other form of property that does not meet eBay’s quality standards will not be eligible to participate in the Program.
3. PROPERTY APPRAISAL
Eligible participants will bring Property to the Pop Up Location during the Pop Up Period and identify the Property to eBay representatives at the Pop Up Location as Property for the Program. eBay representatives will review and inspect the Property to assign the Property an appraised value (the “Appraised Value”). The Appraised Value will be determined by eBay in its sole discretion according to eBay’s quality standards and market information. eBay will not issue an Appraised Value for any Property that eBay determines, in its sole discretion, is not saleable or does not otherwise meet eBay’s quality standards. eBay reserves the right to refuse to appraise any Property presented at the Pop Up Location during the Pop Up Period.
4. PROMOTIONAL EXCHANGE VALUE
If eBay provides an Appraised Value, eBay will assign a promotional exchange value (“PEV”) for the Property. The PEV may be referred to as tokens, credits, or other term, but the PEV has no cash or monetary value and cannot be redeemed or exchanged for cash. Participants have no property right, ownership interest in, or other title in or to the PEV. The PEV is for promotional purposes only and valid only in relation to the Program.
The PEV correlates to the Appraised Value and the value of other items available at the Pop Up Location for which eBay would be willing to exchange the Property. The PEV is only valid while the participant is physically present at the Pop Up Location. eBay has no obligation to honor the same PEV if the participant leaves the Pop Up Location and returns on a subsequent date.
At the Pop Up Location, eBay may offer items (the “Available Items”) that can be acquired by participants in exchange for their Property. eBay makes no guarantee, representation, or warranty about the availability, quantity, or quality of the Available Items at the Pop Up Location. The Available Items will be organized according to PEV levels. For example, if a participant’s Property has a PEV of ten (10), the participant would be able to exchange the Property for Available Items at the Pop Up Location with a PEV of ten (10).
Each participant can have up to three (3) items appraised for an exchange that amount to no more than ten thousand dollars ($10,000) USD.
Once participants have received a PEV, participants are invited to browse the Available Items at the corresponding PEV level. Participants are only permitted to browse Available Items that correspond to their PEV value.
If a participant selects an Available Item, the participant can exchange the Property for the Available Item on site working with designated eBay representatives.
ONCE A PARTICIPANT SIGNS THE FINAL EXCHANGE DOCUMENTS, THE TRANSACTION IS COMPLETE. ALL SALES ARE FINAL. NO REFUNDS, RETURNS OR CREDITS ARE PERMITTED.
Participant will receive title to the selected Available Item and eBay will receive title to the participant’s Property.
eBay may modify any of these Terms and Conditions at any time. If eBay amends these Terms and Conditions, it will revise the “last updated” date located at the top of these Terms and Conditions. For changes to these Terms and Conditions that eBay considers to be material, eBay may place a notice on its website by revising the link on the home page to read substantially as “Updated Program Terms and Conditions” for an amount of time that eBay determines to be appropriate in its discretion. If you continue to participate in the Program in any other way after these Terms and Conditions have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms and Conditions will be available on the eBay website and available at the Pop Up Location and will supersede all previous versions of these Terms and Conditions.
The Program has no predetermined termination date and may continue until such time as eBay decides to terminate the Program. eBay may, in its sole discretion, modify or terminate the Program, in whole or in part, at any time, with or without notice at any time and for any reason or no reason at all.
7. LIMITATION OF LIABILITY
This Program is provided on an “AS IS” basis and without warranty, guaranty or representation of any kind, expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. eBay is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Program. By participating in the Program, each participant accepts all responsibility for, and hereby indemnifies and holds harmless eBay, from and against any claims that may arise from actions taken by such participant.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EBAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF EBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. BY PARTICIPATING IN THE PROGRAM, EACH PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. AFTER SUCH ONE (1) YEAR PERIOD, THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL BE DEEMED INCONTESTABLE.
8. PROGRAM DISRUPTIONS
eBay is not responsible for lost, interrupted, inaccessible or unavailable Program benefits, networks, servers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Program is not capable of running as planned, including, due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of eBay which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, in whole or in part, eBay reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Program or otherwise respond to the circumstances as eBay deems appropriate. In the event eBay is prevented from continuing with the Program, in whole or in part, as originally contemplated by any event beyond its control, including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within eBay’s control (each a “Force Majeure” event or occurrence), eBay shall have the right to modify, suspend, or terminate the Program, in whole or in part.
9. DISPUTE RESOLUTION
THE EBAY USER AGREEMENT THAT IS INCORPORATED INTO THESE PROGRAM TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH ARE APPLICABLE TO ALL PARTICIPANTS IN THE PROGRAM.
11. CUSTOMER SERVICE
For any additional questions, you may contact eBay’s customer service or contact an eBay representative at the Pop Up Location.