Please note that the Lavell is still in development and is subject to change at any time. Anything you add to the platform beta is subject to review and must abide by the Lavell’s terms and conditions.
Keep the content clean and clear. Inappropriate content will be removed and users will be banned.
This Beta will allow for transactions in the following states: Delaware, Montana, Oregon, New Hampshire, and Nevada. More states will come online throughout 2020 based on demand.
Looking for unique products? Buying is so easy on Lavell. Just Sign up for a Basic Lavell Account in seconds and start buying all that our merchants have to offer.
It's easy to start buying! Just register for a new Lavell account, it only takes a few seconds, then purchase anything you like.
Search Lavell's public marketplace, simply click the shopping cart on any item and the checkout.
Find your favorite businesses and influencers stores, browse their invnetory and them to your cart. Vote with your dollar by buying directly from a storefront so they get the commission or sale.
Once you have all of your itmes added to your cart , simply view your cart if you wish to make changes or just checkout.
As an Inventory Owner, you are someone that holds a good or service that they want to sell - if you have an item you’d like to sell, let's put it up on the marketplace! It's easy for other store owners to find it under Discover and list it in their store, or customers can buy it directly from you. Follow this simple 4 step process to start your virtual storefront.
It's easy to start selling! Just sign up for a merchant account, it only takes a few minutes to get you set up and verified.
Do you have an item that you physically own? Add that item to your inventory to sell it or have it sold, set a commission, then opt-in to allow others to sell it for you.
Now that you have an item in your inventory you can easily add it to any of your storefronts. Don't have one? Use the store builder to get started.
Open "My Inventory" or "Discover" and you will see an icon that will allow you to list that item (even ones that are not owned by you) in your stores.
As a Commissioned Seller, you can add other people’s inventory to any of your storefronts! When purchases are made from your storefront, you’ll get the commission that the seller assigned to that item. Item Commission percentages are available when you select the icon and noted at the bottom of corresponding the popup window. If this icon is not present on the item then the seller did not allow their item to be sold by others, some merchants wish to maintain their own stores and items.
It's easy to start selling for others! Just sign up for a merchant account, it only takes a few minutes to get you set up and verified.
Don't have a store yet? Use the store builder to get started. Creating a virtual storefront makes it easier for commissioned sellers to promote their brand.
Discover new items that you want to sell in the public marketplace, select the button found on items that you can sell, then simply add them to the store that you just created.
Now that you have all of the items for your store listed, let's connect your store to your Instagram account. Simply connect in merchant settings "social media" then go to your store and click "Connect Social Media"
Send us a feature request or bug report and we will get it in the queue. Send us Feedback
If you have any questions or problems you can contact us at:
This Lavell Inventory Owner Program Agreement (the “Agreement”) sets forth the terms and conditions between Ecxtech Inc., a Nevada corporation, d/b/a Lavell (“Lavell,” “we,” “us,” “our”) and you or the business you represent (“you,” or “your”) and governs your use of our e-commerce marketplace platform for the promotion and sale of items (the “Services”) available via our website (https://www.lavellstores.com) or any associated websites and mobile applications (collectively, the “Site”).
We reserve the right to modify or supplement any of the terms of this Agreement at any time and in our sole discretion by posting a change notice, revised Inventory Owner Program Agreement, or revised Policy on the Site, or by sending notice of such modification to you by email to the primary email address then-currently associated with your account. We reserve the right, in our sole discretion, to restrict, change, suspend, or terminate access to all or any part or aspect of the Site or Services, including the availability of any feature, database, information, or content, at any time and without prior notice or liability. Continued use of the Site or Services following posting or notice of any changes to the terms of this Agreement constitutes your acceptance of the changes. If you do not agree with the terms of this Agreement at any time, you are required to discontinue use of the Site and Services. We encourage you to print a copy of this Agreement for your records.
1. Description of the Inventory Owner Program. The Inventory Owner Program provides an online marketplace (“Marketplace”) where: (i) you, the inventory owner, can list and sell your items (“Items”) as part of Lavell’s shared inventory system (“SIS”); (ii) individual merchants (“Merchants”) can promote the sale of your Items through their unique Lavell webpage storefronts; and (iii) buyers (“Buyers”) can browse and purchase Items. As an inventory owner, you may also create your own Merchant account and sell your Items through our Marketplace. Items must not constitute a prohibited item pursuant to our Prohibited Items Policy to be added, catalogued, and available for sale in our SIS. To incentivize Merchants to list your Items for sale in their storefronts, you are encouraged to set a commission percentage, to be paid to the Merchants who have listed and sold your Item on their storefront (“Merchant Commission”). When an Item is sold through a Merchant’s storefront, you will be immediately notified via email or through the Sites’ notifications system in order to fulfill the order. All purchases are made directly (and any contract for purchase and sale is) between you and the Buyer. We are not a traditional auctioneer, nor are we a seller or carrier.
3. Inventory Owner Account, Password, and Security. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to notify us immediately of any known or suspected unauthorized use of your account, if the confidentiality of your password has been compromised, or if any other breach of security has occurred. We will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Inventory Owner Compliance Requirements. You must comply with the terms of this Agreement to participate in the Inventory Owner Program. You must promptly provide us with any information that we request to verify your compliance with this Agreement. If you violate this Agreement, or if you violate the terms and conditions of any Lavell policy, then, in addition to any other rights or remedies available to us, we reserve the right to permanently (to the extent permitted by applicable law) withhold or cause to be withheld (and you agree you will not be eligible to receive) any and all sale proceeds otherwise payable to you under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of Lavell to recover damages in excess of this amount.
5. General Practices Regarding Use and Storage. You acknowledge that we may establish general practices and limits concerning use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Site or Services. You acknowledge that we reserve the right to terminate any free tier accounts that are inactive for a period of two years or more. You further acknowledge that we reserve the right to change these general practices and limits at any time at our sole discretion.
6. Mobile Services. When you access the Site or Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Site or Services must be in accordance with the usage rules established by your mobile device platform or service provider and that we have no responsibility if you fail to comply with such usage rules.
7. Service Fee Payments, Taxes, Receipt of Sales Proceeds.
a. Fees. Registering for the Site and Services is free; however, we charge a Platform Listing Fee upon the sale of an Item on the Site, as set forth in our Fee Policy. You are responsible for all of your expenses in connection with this Agreement. Stripe Inc., or such other party we may designate, will serve as the payment processor (“Payment Processor”) and will process all sales transactions between you and the Buyer. Upon receipt of the Buyer’s payment, we will cause the Payment Processor to distribute the sales proceeds as follows:
i. the amount owed as Taxes will either: (A) if required by law, be paid directly to the appropriate tax authority by us on your behalf; or (B) if required by law, be distributed to you for you to pay to the appropriate tax authority;
ii. the amount owed in payment processing fees (as set forth in the Fee Policy) will be paid to the Payment Processor;
iii. the amount owed as the Platform Listing Fee (as set forth in the Fee Policy) will be paid to us;
a. any Merchant Commission will be paid to the Merchant; and
b. the shipping fees collected and all remaining amounts will be distributed to the corresponding parties.
b. Payment Schedule. Except as otherwise provided in this Agreement, we will distribute the sales proceeds as set forth in Section 7(a) above within thirty (30) days after receipt of Buyer’s payment the exception of amounts owed for Taxes
c. Fee Modifications. We reserve the right to change fees for the Services. Any change will be effective upon email notification to you at the email associated with your account and the posting of a revised Fee Policy.
d. Taxes; Shipping Costs; Buyer Responsibility. Items purchased by and shipped to Buyers in locations in the United States may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes ("State Tax"). Items purchased by and shipped to Buyers in locations outside of the United States4 may also be subject to applicable taxes, including value added taxes (collectively with State Tax, “Tax” or "Taxes"). The amount of Taxes is based on a number of factors, including but not limited to the type of Items purchased, the Buyer’s designated delivery address, and your location. Taxes and shipping costs are not included in the listed price for any Items but are included as a separate line item and will be displayed to Buyers before confirmation of any purchase. Buyers are responsible for paying the applicable purchase price for a purchased Item to the Seller, as well as any shipping costs (which are detailed in the Fee Policy) and paying applicable Taxes and/or duties associated with the purchase and sale of any Items through the Services. For Buyers in the United States, the rate of Tax applied to purchases of taxable Items is a combined rate based on the state and local rates of the address where the Items are delivered to or shipped from. You are responsible for the payment of all applicable local sales taxes.
8. Marketplace Collection; Taxes, Commissions; Seller Responsibility. We will collect Taxes from Buyers on behalf of you where we may legally do so. This includes those states that have enacted legislation that requires marketplaces, like us, to collect Taxes on behalf of inventory owners. It also includes those states that have agreed to allow us to collect Taxes on behalf of inventory owners. In these states, the amount of Taxes collected will be submitted by us to the appropriate taxing authority on your behalf. If we are unable to submit Taxes on your behalf, we will provide you with the amount of Taxes collected. You are then responsible for submitting such Taxes to the appropriate taxing authority. You are responsible for paying the Platform Listing Fee as well as all taxes imposed or measured by your net income, net profits, income, profits, and/or revenues associated with the sale of any Items through the Services.
9. Marketplace Risk. There are risks that you assume when selling Items to others (including those who may be acting under false pretenses) and all of these risks are borne by you, and not us. We do not guarantee the ability of Buyers to buy Items and as such we cannot guarantee the ability or intent of Buyers to fulfill their obligations in any transactions. We reserve the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting us and our users from illegal or wrongful activities or other violations of the terms of this Agreement.
10. Conditions of Use. You are solely responsible for and either own or have legal permission to use all descriptions, pictures of Items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("Content") that you upload, post, publish or display or otherwise transmit via the Site and Services, and for all Items that you sell via the Site and Services. The following are examples of the kind of items, content and/or use that is illegal or prohibited by us. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Items or content from the Site and Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
a. sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in our sole judgement, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or users of the Site or Services to any harm or liability of any type;
b. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. solicit personal information from anyone under the age of 18;
d. harvest or collect email addresses or other contact information of other users from the Services or our Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
e. advertise or offer to sell any goods or services other than those items intended to be sold and purchased through the Site and Services;
f. interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; or
g. violate any applicable local, state, national or international law, or any regulations having the force of law;
h. engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C.§ 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection, anti-spam, data protection, or privacy legislation in any jurisdiction;
i. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
j. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
11. Purchases; Shipment; and Returns.
a. Purchases. Once a Buyer has paid the purchase price, Taxes, Merchant Commission (if applicable), and shipping costs (if applicable) for an Item, the sale transaction is binding on both you and the Buyer, and no returns, refunds, cancellations or retractions are allowed, except as permitted by the terms of this Agreement. We will notify you once payment is received. A Buyer may cancel an order for an Item within five (5) hours of purchasing that Item.
b. Shipping. You must ship the Item to the Buyer pursuant to the shipping methods selected by the Buyer within three (3) days after receipt of our notice to you that the Item has been purchased. If you do not ship the Item within that time period, we cancel the order automatically. You transfer title to the Item upon shipment to Buyer. Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Services or by failing to notify us of any issues with the Item within three days of delivery of the Item, as determined by the tracking information), then we will credit your account with an amount equal to the purchase price received from the Buyer less the payment processing fee, Merchant Commission (if applicable), Taxes (if applicable), and Platform Listing Fee. You agree to maintain the shipping insurance set forth in Section 21 below.
c. Returns. We may allow Buyers to return an Item in limited circumstances. If the Item the Buyer receives is not as described via the Site or the Services, then the Buyer may request a return by reporting the issue through the Site, within three (3) days after delivery of the Item. You may not have your own return policy and agree to adhere to our return policy set forth herein.
12. Intellectual Property Rights.
a. Service Content. You acknowledge and agree that the Site and Services may contain images and descriptions of items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site, Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own Content that you legally upload to the Site or Services. In connection with your use of the Site and Services, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site, Services, or the Service Content other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Site or Services. Any rights not expressly granted herein are reserved by us.
b. Trademark. The Lavell name and logos are trademarks and service marks of ours (collectively the "Lavell Trademarks"). Other company, product, and service names and logos used and displayed via the Site or Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Lavell Trademarks displayed on the Site or Services, without our prior written permission in each instance. All goodwill generated from the use of Lavell Trademarks will inure to our exclusive benefit.
13. Term and Termination. The term of this Agreement will start on the date your create a user account, or otherwise begin using the Site for use of the Services, and continue until terminated by us or you as provided in this Agreement (the “Term”). We may terminate or suspend this Agreement in our sole discretion at any time by notice to you. You may terminate this Agreement, by giving us written notice of termination provided that the effective date of such termination will be ten (10) calendar days from the date notice is provided. You can provide termination notice by logging into your account and selecting the option to unsubscribe your account, upon termination for any reason, you agree to immediately cease all use of the Services. Upon termination we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You will be responsible for fulfilling any pending sale orders and all Tax obligations. Further, you agree that we will not be liable to you or any third-party for any termination of your access to the Services. All sections of this Agreement which by their nature should survive termination will survive termination, including without limitation accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
14. License. You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of your Content, and to sublicense the foregoing rights to the Merchants for use on their storefronts; provided, however, that we will not alter any of your trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Services); provided further, however, that nothing in this Agreement will prevent or impair our right to use your Content without your consent to the extent that such use is allowable without a license from you under applicable law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).
15. Warranties and Representations. You represent and warrant that: (i) you are at least 18 years of age; (ii) you have all necessary license, permits, and approvals necessary to sell each Item on the Site; (iii) for all Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement; (iv) that use of any such Content (including derivative works) by us, Merchants, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any intellectual property rights of any third party; and (v) you will perform your obligations hereunder in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.
16. Indemnification. You agree to defend, indemnify and hold harmless Lavell and its affiliates and each of their members, managers, officers, directors, shareholders, employees, contractors, agents and representatives from and against any and all claims, suits, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or resulting from (i) your violation of this Agreement or any state or federal law; (ii) your use of the Services (including any sale of any items through the Site); (iii) your Items (including their offer, sale, performance, and fulfillment), (iv) your Content; (v) any actual or alleged infringement of any intellectual property rights by any of the foregoing; and (vi) any personal injury, death, or property damage related thereto; (vii) your employees, representatives, agents, contractors, or subcontractors; or (viii) your Taxes.
17. Disclaimer & General Release. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. We will not be liable for any inability to provide the Site and Services (in whole or in part) when caused by any event, condition, or circumstance beyond our reasonable control. The Site and Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third party providers, or because of other causes beyond our reasonable control. YOU ACKNOWLEDGE THAT THE SITE AND SERVICES MAY CONTAIN BUGS, ERRORS AND/OR OTHER PROBLEMS AND, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ARE BEING PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. THEREFORE, WE DISCLAIM ANY AND ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE DATA OR RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND SERVICES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. SPECIFICALLY, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOU WILL BE ABLE TO SELL ANY ITEMS THROUGH THE SITE OR THAT THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS.
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.
18. Exclusion of Damages; Limitation of Liability. IF YOU BECOME DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THIS AGREEMENT AND THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION.
LAVELL AND ITS AFFILIATE AND EACH OF THEIR MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE, THE SITE OR SERVICES, OR ARISING OUT OF THIS AGREEMENT, AND YOU SHALL NOT BE ENTITLED TO DAMAGES BASED ON LOSS OF PROFIT, LOSS OR INTERRUPTION OF DATA, ALTERATION OR ERRONEOUS TRANSMISSION OF DATA, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OR FORESEEN SUCH POSSIBILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, LAVELL AND ITS AFFILIATES AND EACH OF THEIR MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES TOTAL LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES RELATING TO THE SERVICES, OR THIS AGREEMENT, (WHETHER BASED ON TORT, CONTRACT, OR ANY OTHER THEORY) SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO US BY THE PAYMENT PROCESSOR RESULTING FROM YOUR USE OF THE SERVICES PROVIDED UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LAVELL AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LAVELL AND ITS AFFILIATES AND EACH OF THEIR MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, EXCEED $500. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.
19. Third Party Websites. The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. 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 use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
20. Insurance. You must maintain, at your expense, commercial general, umbrella or excess liability insurance that covers up to $1,000,000 per occurrence for liabilities caused by or occurring in conjunction with the operation of your business, including the Items and bodily injury. You also agree to maintain shipping insurance in amounts sufficient to cover the cost of each Item that is sold and shipped in connection with the Services. The policy(ies) must name us as additional insureds. At our request, you will provide to us certificates of insurance for the coverage.
21. Confidential Information. You agree: (i) to take reasonable precautions to protect Lavell Confidential Information (defined below), and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any Lavell Confidential Information. The foregoing will not apply with respect to any information that you can document (A) is or becomes generally available to the public through no fault of your own, (B) was in your possession or known by you prior to receipt from Lavell, (C) was rightfully disclosed to you without restriction by a third party, (D) was independently developed by you without use of any Lavell Confidential Information, or (E) is required to be disclosed by law (provided, however, prior to any disclosure required by law, you shall provide Lavell with written notice of the pending disclosure and the opportunity to object at Lavell’s expense). You acknowledge and agree that a breach or threatened breach of any of your obligations under this subsection would cause us irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, we will be entitled to equitable relief, including without limitation an injunction or specific performance, without any requirement to post a bond or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise. “Lavell Confidential Information” means information relating to Lavell, including without limitation non-public information regarding features, functionality and performance of the Site or Services.
22. Ownership. We own and retain all right, title and interest in and to (i) the Site and Services, all improvements, enhancements or modifications thereto, (ii) any software, applications, inventions or other technology developed in connection with the Site or Services, (iii) any comments, suggestions, ideas, enhancements, requests, customizations, feedback, recommendations, testimonials, reviews or other information provide by you relating to the Site or Services (collectively, “Feedback”), (iv) text, photographs, graphics, and other material provided on the Site or Services that are protected by copyright, trademark, or other proprietary rights of Lavell, and (v) all intellectual property rights related to any of the foregoing. You hereby assign all right, title, and interest in and to the Feedback to us.
23. User Disputes. You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Site or Service and we will have no liability or responsibility with respect thereto. We reserves the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Site or Services.
a. Force Majeure. We will not be deemed to have breached the terms of this Agreement by reason of any delay or failure in our performance arising from events beyond our reasonable control, including, but not limited to, war, accident, riot, sabotage, fire, flood, epidemic, power outage, labor dispute, act of God, act of public enemy, malfunction or inappropriate design of hardware or software, or failure of the Internet, utility power failure, products or services controlled by any third party.
b. Relationship of Parties. The relationship between you and Lavell is that of an independent contractor relationship and nothing contained in this Agreement will be construed as creating any agency, partnership, employee, or joint venture between you and Lavell.
c. Governing Law and Exclusive Venue. This Agreement will be governed by the laws of the State of Nevada, without regard to conflicts of law’s provisions thereof. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Washoe County, Nevada.
d. Waiver. Our failure to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision.
e. Attorneys’ Fees. The prevailing party in an action brought against the other to enforce the terms of this Agreement or any rights or obligations hereunder, will be entitled to receive its reasonable attorney fees and costs.
f. Severability. If any provision of this Agreement is invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties will negotiate in good faith to modify such term or provision so as to effect the original intent of the parties as closely as possible.
h. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under this Agreement (including your inventory owner registration), without your consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, the terms of this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.
i. International Use. The Company makes no representation that the Site or Services are appropriate or available for use in locations outside the United States. Access to the Site and Services from countries or territories where such access is illegal is prohibited. Those who choose to access the Site or Services outside the United States do so on their own initiative and are responsible for compliance with the laws of the United States.
j. Electronic Document. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement.
k. Notices. All notices, permissions, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; (iii) the second business day after sending by confirmed facsimile; or (iv) the first business day after sending by e-mail. Unless otherwise required by applicable law, notices to us must be sent in writing via e-mail addressed to: firstname.lastname@example.org, and notices to you will be sent to the e-mail address associated with your account, which addresses may be updated from time to time upon written notice to the other party.
25. Any use of the Site and Servies constitues your agreement to these Terms and Conditions.
Lavell may not be used in connection with any product, service, transaction or activity that in general:
Causes or threatens to damage Lavell’s reputation;
Violates the terms of any bank, card or electronic funds transfer network;
Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability
The list of Prohibited Items may be updated from time to time at Lavell’s discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.
Violates any law or government regulation, or promotes or facilitates such action by third parties; Is fraudulent, deceptive, unfair or predatory;
Lavell may not be used to sell any of the following products or services:
Drugs such as:
Products, tools, or services specifically offered or intended to be used to create drugs. Grow ingredients for drugs Ex. seeds for cannabis plants. Prescription medicines or devices, pharmaceuticals, or behind the counter drugs. FDA restricted items such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies, homemade cosmetics, and products that offer “miracle” cures.
If a purchased item is reported as stolen, a demand for return may be received from the victim or another party, and the item may be confiscated according to the regulations of the Code of Criminal Procedure (Act no. 131 of 1948).
Counterfeit goods or goods infringing on a third party's intellectual property rights such as:
Listings of non-brand, non-genuine, imitation, fake, or replica. Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc. For brand-name products, serial numbers or receipts must be available when listing the item.
Weapons such as:
Firearms and firearm parts; including airsoft and bb guns. Knives such as switchblades, butterfly knives, knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector. Explosives or military ordinance. Self-defense weapons.
Other Products such as:
Alcohol. Tobacco products. Cigarettes. E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine. Vaporizing liquid without nicotine.
Items used for identity theft such as:
Account credentials, user login information, and/or account access codes.
Advertisements or listings for objects being sought. Items you do not currently have that are on order. Coupons to purchase products. Items that are a safety hazard. Flammable or combustible liquids. Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (Ex. "mod chips" to break the encryption on game computers to allow the playing of unlicensed game copies) Age restricted products or products that require a legal approval or licenses to be sold. Gambling, including using this service for raffles and mystery purchases.
Financial products and services such as:
Bonds, securities, and insurance. Banknotes or coins of any currency or denomination, gold bullion, or Cryptocurrencies. Buying and selling gift cards or prepaid cards.
Live Animals. Any item that contains a computer virus, malware, or spyware. Humans, human body parts, organs, cells, blood, body fluids, and items that are soiled with human materials such as used underwear. Explicit items. Sexually explicit items such as sex toys and fetish items. Offensive items (determined at our discretion)
Any item may be removed at the discretion of the company.
The Company charges the following fees for use of the platform and it's vendors and reserves the right to change the following fee policy at any time for any reason at its discretion.
Taxes are calculated bases on state and local tax jurisdictions.
Transaction Fees from our payment processor: 2.9% + .30 per transaction.
Tax Processing Recovery fee $1.43 flat rate per transaction.
Shipping Recovery fee $0.07 flat rate per transaction.
Shipping and Handling charges are dictated by the carrier service or by the seller.
Commission is a percentage of the total sale value of the item designated by the seller of an item.
Merchant Marketplace fees are as follows; Starter Plan 5% per transaction fee - $5.00 billed monthly, Plus Plan 3% per transaction fee - $19.00 billed monthly, Platinum Plan 2% per transaction fee - $49.00 billed monthly, Enterprise Plan 1% per transaction fee - $199.00 billed monthly.
Payout calculations are as follows;
Value Before Split | Price - (Sripe Static) - (Price * Stripe %)
Item Owner | Value Before Split - (Value Before Split * Comission %) = Value - (Value*1-Platform Fee)
Store Owner | Value - (Value*1-Platform Fee)