Summimarket Terms of Service

Updated June 2, 2025

1. ACCEPTING THESE TERMS

Welcome to Summimarket! This document constitutes our Terms of Service ("Terms"). The Terms are a legally binding contract between you and Summimarket, LLC ("Summimarket") outlining your rights and responsibilities when you use Summimarket and our Service (the "Service" includes the "Website").

These Terms govern Your access to and use of the Summimarket platform, which includes our website auction platform (collectively referred to as the "Platform"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional policies incorporated herein, such as our Privacy Policy, Content Guidelines, and Dispute Resolution Policy. Should you have any questions or concerns regarding these Terms or our services, you may contact us at support@summimarket.com.

BY USING OUR SERVICE, YOU CREATE A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.

2. DESCRIPTION OF THE SERVICE

• The Service is an online consumer-to-consumer focused marketplace designed to serve and connect sellers and buyers of cameras and photography related products.

• Summimarket does not sell or purchase any goods itself, nor does it take possession of the goods, either for itself or on behalf of Users or others. While Summimarket may help facilitate transactions, Users that list and sell items through the Service ("Sellers") and Users that purchase items through the Service ("Buyers") are entirely responsible for the sale of goods (referred to herein as "goods", "products", or "items") transactions between them, including, without limitation, the listing of goods and any applicable product warranties. Sellers and Buyers (this means "you") are collectively referred to herein as "Users" of the Service.

• If you choose to file taxes or operate your Summimarket Account under another tax entity such as an LLC, sole proprietorship, or other entity type, all policies, rules, and conditions of use as documented in these Terms and related policies will apply to your Summimarket account. Only one account per entity or individual is allowed. For the intent and purpose of this document, all definitions (above) will apply to your Account regardless of your entity status outside of our Service.

• Summimarket charges service fees (listing fees and buyer's premiums) through Stripe, our third-party payment processor. Summimarket does not process, handle, or facilitate any payments between buyers and sellers. All transactions between buyers and sellers must be arranged directly between the parties.

• While Summimarket facilitates the payment processing through Stripe, Summimarket is not responsible for processing refunds, payment disputes, and reversals, and shall not be involved in other disputes between Users. Users acknowledge and agree that any such disputes must be resolved directly between the Users or through appropriate legal channels.

3. ACCOUNT REGISTRATION

1. Requirements. To participate in auctions or access certain features, you must create an account. By creating an account, you expressly agree to these Terms and Conditions. You also agree to: (1) Provide accurate and up-to-date information; (2) Maintain the security and confidentiality of your account credentials; (3) Promptly update your account information as needed (4) Accept responsibility for all activities associated with Your account; and (5) Not share your account or credentials with any third party.

2. Multiple Accounts. Users are not permitted to create or maintain multiple accounts. Each user may only register and maintain one account on the Platform.

3. Platform Rights. We expressly reserve the right to: (1) Suspend or terminate accounts that violate these Terms or engage in suspicious activity, and/or (2) Deny access to the Platform at our discretion at our sole discretion.

4. Service Availability. Summimarket strives to maintain a high level of service availability. We aim for 99.9% uptime, excluding scheduled maintenance periods. However, we do not guarantee uninterrupted access to the Platform. Users acknowledge that occasional service interruptions may occur due to technical issues, maintenance, or factors beyond our control.

5. Scheduled Maintenance and Downtime Notifications. Summimarket will perform routine maintenance to ensure optimal performance of the Platform. We will make reasonable efforts to schedule maintenance during off-peak hours. Users will be notified of planned maintenance or anticipated downtime at least 24 hours in advance through email notifications and/or announcements on the Platform. In cases of emergency maintenance or unforeseen technical issues, we will strive to notify users as promptly as possible.

4. ELIGIBILITY AND USE OF THE SITE

1. Eligibility. Users must be at least 18 years old and have the legal capacity to enter into a contract to use the Platform. By using the Platform, you confirm that you meet these requirements. By using the Platform, You represent and warrant that you are of legal age to form a binding contract. Furthermore, if you are accessing or using the Platform on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.

2. Prohibited Activities and Legal Compliance. Users are strictly prohibited from engaging in the following activities: (1) Participating in any unlawful activities or actions that violate these Terms; (2) Impersonating others or misrepresenting your affiliation with any individual or entity; (3) Interfering with the functionality of the Platform, its servers, or its networks; (4) Attempting unauthorized access to any part of the Platform; (5) Transmitting viruses, malware, or any other harmful codes. Users must comply with all applicable laws and regulations while using the Platform.

3. Reporting Inappropriate Behavior or Content. Users are encouraged to report any inappropriate behavior or content they encounter on the Platform. To report such incidents, users send an email to support@summimarket.com with details of the issue. Summimarket will review all reports and take appropriate action in accordance with these Terms.

5. PLATFORM FEES AND PAYMENTS

1. Platform Fees.

   a. Seller Listing Fees. Seller agrees to the following listing fees:

   • Standard Listing Fee: $49 (USD)
   • Premium Listing Fee: $199 (USD)

   b. Buyer's Premium. Buyer and Seller agree that Summimarket shall receive eight-percent (8%) of the winning bid amount as a Buyer's Premium, which shall be paid by the Buyer in addition to the winning bid amount.

2. Fees are Non-Refundable. All platform fees are non-refundable unless explicitly stated otherwise.

6. LISTING AND BIDDING

1. Listings. Seller agrees to list authentic, accurately and precisely describe the condition of the item, and include high-quality images of the items. By submitting a listing, Seller represents and warrants that: (i) Seller has full legal title to and authority to sell the listed item; (ii) the item is free from any liens, encumbrances, or claims of third parties; (iii) the sale of the item does not violate any law, regulation, or agreement; and (iv) the item was not obtained through any unlawful means Summimarket reserves the right to reject or remove listings that violate these Terms. Sellers may cancel an auction before its closure only under exceptional circumstances, such as damage to the item or if the item becomes unavailable. Cancellation requests must be submitted through the Platform and are subject to review by Summimarket.

2. Listing Accuracy and Disclaimers. All listing descriptions, condition assessments, authenticity opinions, and other information provided by Summimarket are editorial opinions based on seller-provided materials and are not statements of fact, warranties, or guarantees. Summimarket does not physically inspect items prior to listing and relies entirely on seller-provided photographs, descriptions, and representations.

   Bidder Responsibility: It is the sole responsibility of each bidder to:

   • Conduct their own due diligence regarding item condition, authenticity, provenance, and history
   • Request additional photographs, documentation, or information from the seller before bidding
   • Form their own independent opinion regarding the item's value, condition, and authenticity
   • Understand that all sales are final and "as-is" with no returns or refunds

   Disclaimer of Liability: Summimarket expressly disclaims all liability for:

   • Any discrepancies between listing descriptions and actual item condition or specifications
   • Authentication or attribution errors
   • Condition assessments that differ from bidder expectations
   • Any statements, opinions, or assessments made by Summimarket staff regarding listed items
   • Seller misrepresentations or omissions not reasonably discoverable from provided materials

   No Warranties: Summimarket makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of any listing information. All items are sold "as-is, where-is" without warranty of any kind.

   By placing a bid, bidders acknowledge they have read and understood these disclaimers and agree to hold Summimarket harmless from any claims arising from listing inaccuracies or misrepresentations.

3. Listing Process. The listing process involves the use of Stripe, a third-party payment processor, to handle fees related to listing items for auction on the Summimarket platform.

4. Authorization of Funds. Upon submission of a listing, the User authorizes Stripe to verify and place a hold on funds equivalent to the applicable listing fee on User's designated payment method. This authorization will remain in effect until the listing fee is processed.

5. Auction Setup. Upon submission and payment authorization, Summimarket shall review and format the listing according to platform requirements.

6. Approval and Fee Capture. Following Summimarket's listing preparation, the listing shall be presented to Seller for approval. Upon Seller's approval, Stripe shall process the authorized listing fee.

7. Bidding. All bids constitute a legally binding agreement to purchase the item at the bid amount if the bid is successful. Successful Bidders must complete payment arrangements within forty-eight (48) hours of auction close. A buyer's premium of eight percent (8%) shall be added to the final bid amount. By placing a bid, Bidder authorizes Stripe to verify available funds in the amount of the bid. Bidder acknowledges that unsuccessful bid authorizations shall be released upon auction close.

8. Prohibited Bidding Practices. The following bidding practices are strictly prohibited and will subject the User to being immediately banned from the Platform: (a) Shill bidding (artificially inflating prices); (b) Bidding on your own items using alternate accounts; (c) Coordinated bidding schemes or unjustified bid retractions; or (d) any other unlawful or fraudulent use of the Platform. Summimarket is committed to monitoring auctions for fair play and may take actions against unfair practices, including but not limited to: issuing warnings, temporarily suspending accounts, permanently banning users, cancelling suspicious bids or auctions, and cooperating with law enforcement when necessary. Bid retractions are only permitted for clear typographical errors and must be requested within 1 hour of placing the bid. All retraction requests are subject to review and approval by Summimarket.

7. BUYER AND SELLER RESPONSIBILITIES

1. Buyer Responsibilities. Buyers agree to authorize payment for item(s) purchased through the Platform within forty-eight (48) hours of the Buyer's successful bid. Failure to make timely payment may result in account suspension, negative feedback, or other penalties as determined by Summimarket. Buyers are solely responsible for reviewing item descriptions prior to purchasing the item. Buyer is responsible for providing accurate shipping addresses and instructions. Buyers must communicate with sellers using the Platform's messaging system.

2. Seller Responsibilities. Sellers must accurately describe items listed for sale. Sellers are responsible for shipping items to Buyer in a timely manner. Sellers must comply with all applicable laws and regulations.

3. Fee Modifications. Summimarket reserves the right to modify its fee structure, including the establishment of volume-based pricing. Any modifications to the fee structure shall be communicated to Users via electronic notice and posted on the Platform thirty (30) days prior to implementation. User's continued use of the Platform following such notice period shall constitute acceptance of the modified fee structure.

4. Payment Processing. All fee payments will be processed through our designated third-party payment processor Stripe.

8. SHIPPING AND HANDLING

1. Seller Obligations. Seller agrees to timely ship all sold items, use secure and appropriate packaging to protect the items, and provide Buyer with tracking information for all items, when applicable. All shipping and handling costs are the responsibility of the Buyer unless otherwise stated in the listing.

2. Risk of Loss or Damage. The risk of loss or damage transfers to Buyer upon receipt of shipping confirmation from Seller. Summimarket is not responsible for any shipment or delivery issues of items purchased through the Platform, including but not limited to lost, stolen, or damaged items during transit.

9. DISPUTES

1. Platform Role. Summimarket serves solely as a platform to connect buyers and sellers and does not mediate disputes between the parties involved. In the event of a dispute, buyers and sellers must first attempt to resolve the issue through direct communication using the Platform. Summimarket does not provide any mechanisms or services for dispute resolution and will not intervene in any disputes. Buyers and sellers are responsible for resolving any transaction issues independently.

10. INTELLECTUAL PROPERTY

1. Platform Content. All content created by Summimarket, including but not limited to the website design, functionality, branding, and proprietary materials is the exclusive property of Summimarket and protected under intellectual property laws. This does not include content created and submitted by users. Users are prohibited from using Summimarket's trademarks, service marks, or logos without prior written consent from Summimarket.

2. Disclaimer of Warranties. The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Summimarket specifically disclaims all warranties and conditions of any kind, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Summimarket does not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

3. User Content.

   a. Users retain ownership of all original content they post, upload, share, or provide on the Platform, including but not limited to item descriptions, images, and other materials, which are protected by copyright and intellectual property laws.

   b. Users warrant that their content does not infringe upon the rights of third parties, including intellectual property rights. Summimarket reserves the right to preserve and disclose user content if required by law or if we believe that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties, or (d) protect the rights, property, or personal safety of Summimarket, its users, or the public. By posting content on the Platform, users grant Summimarket a non-exclusive, worldwide, royalty-free license to use, copy, modify, create derivative works, perform, and distribute such content for any lawful purpose, including but not limited to operating, improving, and promoting the Platform.

   c. Users warrant that their content does not infringe upon the rights of third parties, including intellectual property rights. Users may only use third-party content on the Platform if they have obtained all necessary permissions and licenses. Users are solely responsible for ensuring they have the right to use any third-party content they post on the Platform. This includes, but is not limited to, obtaining written permission from the copyright holder, adhering to the terms of any applicable license, and properly attributing the content to its original source. Summimarket reserves the right to remove any content that is suspected of violating third-party rights.

11. INTERNATIONAL TRADE

1. Compliance. Sellers and Buyers must comply with customs, duties, and taxes for international transactions and ensure all items comply with export and import regulations.

2. Currency and Fees. Buyers and sellers are responsible for currency conversion fees and any additional cross-border transaction costs.

3. Restricted Items. Certain items may be prohibited from international shipping due to customs restrictions or trade laws. Sellers are responsible for ensuring compliance with such restrictions, and Summimarket reserves the right to remove listings that violate international trade policies.

12. PRIVACY POLICY

Summimarket is committed to protecting your personal information and ensuring your privacy. As such, Summimarket complies with California laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

By using the Platform, you consent to the practices described in our detailed Privacy Policy.

13. RIGHT TO REMOVE CONTENT

Summimarket reserves the right to remove any content, at our sole discretion and without prior notice, that violates these Terms or infringes upon intellectual property rights.

14. LIMITATION OF LIABILITY

Summimarket acts solely as a platform connecting buyers and sellers and are not liable for payment disputes, item authenticity, shipping issues, or user disputes. Our maximum liability is limited to platform fees paid by users.

To the fullest extent permitted by applicable law, in no event shall Summimarket be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other losses) arising out of or in connection with your use of the Platform, even if Summimarket has been advised of the possibility of such damages. You hereby waive any and all claims to such damages.

15. MODIFICATION OF TERMS AND CONDITIONS

Summimarket reserves the right to modify these Terms at any time. Additionally, Summimarket reserves the right to modify, suspend, or discontinue any part of its services at its sole discretion. Continued use of the Platform following modifications to Terms or services constitutes acceptance.

For material changes to the Terms or services, Summimarket will notify users at least 30 days in advance through one or more of the following means: Posting a notice on the Platform; Sending an email to the user's registered email address; Displaying a prominent notification upon user login. Continued use of the Platform following the posting of modified Terms constitutes the user's acceptance of and agreement to be bound by the modified Terms.

If a user does not agree with the modified Terms, they must immediately cease using the Platform and terminate their account.

16. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the State of California, without regard to its conflicts of laws provisions. Disputes arising from these terms and conditions shall be resolved exclusively in California courts.

17. INDEMNIFICATION

By engaging in domestic and international transactions, users agree to indemnify, defend, and hold harmless Summimarket, its affiliates, officers, directors, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to non-compliance with customs and trade regulations, including but not limited to inaccuracies in customs declarations or non-payment of duties and taxes.

Summimarket's liability under these Terms is limited to the maximum extent permitted by applicable law. In no event shall Summimarket be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform; or (c) unauthorized access, use, or alteration of your transmissions or content.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Summimarket, its affiliates, officers, directors, agents, employees, and partners from and against any claims, liabilities, damages (both actual and consequential), losses, and expenses (including reasonable attorneys' fees) arising out of or in any way related to: (1) your violation of these Terms or any applicable law or regulation; (2) your user content or listings; (3) your interaction with other users; (4) your use or misuse of the Platform; (5) your failure to pay any taxes or customs duties; or (6) your violation of any third party rights, including intellectual property rights.

18. CONTACT INFORMATION

For questions, contact us at: support@summimarket.com.

19. SEVERABILITY

If any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect.