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Express Checkout Terms of Use

General Terms
1. By utilizing the express checkout service (“Express Checkout”) on Audiogon.com (the “Site”) as a seller (“Enrolled Seller” or “you”), you agree to be bound by the terms and conditions of this Express Checkout Terms of Use Agreement (the “Agreement”). The Agreement is a legal agreement between you and Audiogon Inc. (“Audiogon,” “we,” or “us”).
Qualifications
1. Express Checkout is only available to sellers who and are approved for a Express Checkout Account (a “Enrolled Seller”). Sellers must additionally meet the following requirements to be approved and to maintain Enrolled Seller status:
i.     All Enrolled Sellers must adhere to Audigon’s general Terms and Conditions.
ii.    Enrolled Sellers are responsible for maintaining their Bank Account information and confirming the correct account is linked to their Audiogon Express Checkout Account.  Audiogon will make deposits only into the linked account.
iii.       Prior to and once enrolled enrolling, sellers must publish and maintain
           refund and return policies for their listings
iv.        All sellers must be at least 18 years old to enroll in Express Checkout
 v.        Upon enrolling, sellers must go through identity verification and register bank account information.
vi.       Once enrolled, sellers must continue to comply with this Agreement
2. In order to accept payments Expressly through the Site, sellers must set up Audiogon Express Checkout.  Express Checkout allows enrolled Sellers to accept authorized credit card transactions (“Payment Transactions”), and have those funds credited to their Express Checkout Account, and subsequently when released have those funds deposited into Seller’s designated bank checking account (“Bank Checking Account”). Buyers may authorize a Payment Transaction with any major credit card accepted by Audiogon.
3. Audiogon provides the marketplace to facilitate transactions between buyers and sellers. It is not the purchaser of any seller’s goods and it is not the agent of a buyer in a Payment Transaction. Audiogon’s receipt of a payment through Express Checkout is related to a transaction between a Seller and their buyer and not Audiogon or any of Audiogon’s affiliates. Audiogon provides a payment-processing platform for Sellers and it is not a party to any Payment Transaction.
4. Audiogon has the right to update Express Checkout functionality, which may include but is not limited too, availability, modifications, or discontinued by us at any time without notice and is subject to the limitations in the Audiogon general Terms & Conditions.
5. Audiogon reserves the right to impose transaction limits on some or enrolled sellers or buyers to the value as deemed reasonable to the guidelines outlined in section 4c. All limitations imposed shall be at the discretion of Audiogon Inc. We will not be liable to an Enrolled Seller or Buyer if we do not complete the transaction, deposit or adjustment that exceeds the set limit.  Additionally, we may allow a buyer to void a transaction if it exceeds their set limit or the set limit of the enrolled seller.  We may refuse service to anyone, for any reason, at any time.
Express Checkout Account
1. The Express Checkout Account Dashboard allows Enrolled Sellers to track payment amounts, refunds, and fees related to Express Checkout Payment Transactions.
2. To enroll, Sellers must validate their identity and provide information as requested during the registration process. Enrolling sellers agree to provide accurate and truthful information.  Enrolling sellers also agree not to impersonate any person or use a name that he/she is not legally authorized to use. By enrolling in Express Checkout, the seller authorizes us, and our authorized agents, to verify his or her information in order to approve the enrolling Seller for use of the Express Checkout service. All Enrolled sellers must meet the terms stated in this Agreement and agrees to always comply with and to sell items in accordance with Audiogon’s general Terms & Conditions
 
  1. A Enrolled Seller will attempt to resolve any transactional dispute directly with a buyer before contacting Audiogon Support. In the event of the parties are unable to resolve their issue independently and the transaction meets the terms and conditions of Audiogon Protection.  The enrolled seller or buyer party to the disputed transaction may contact Audiogon Support and follow the Audiogon Protection guidelines to resolve the issue.  A disputed transaction; must have been processed by either, Express Checkout to qualify for Audiogon Protection.
4. Enrolled Sellers may provide refunds or adjustments to buyers for Express Checkout Transactions made on Audiogon by contacting Audiogon Support. The refund will be withdrawn from the Express Checkout Available Account Balance. In the event that there are not enough funds in the sellers available balance to cover the refunded amount, the Enrolled Seller’s credit card on file will be charged. If Audiogon, Inc. is unable to obtain the funds from the seller, the seller's account will be temporarily suspended until the funds are recovered.   
Payment Transactions
1. Audiogon will serve as Enrolled Seller’s agent in its Payment Transactions with a buyer. For the purpose of completing Payment Transactions between you and a buyer, Audiogon will maintain a direct contractual relationship with a payment acquirer. Pursuant to the agreement between Audiogon and the acquirer, Audiogon shall (i) receive funds from a buyer on your behalf through the payment acquirer, and convey instructions for the payment directly to the acquirer.  Audiogon will process payments and refunds from the Audiogon settlement account.  In the event funds are returned to the buyer, the electronic payment system will retrieve the funds from the Enrolled Sellers linked account.  You acknowledge that the buyer will not submit payment directly to you, and that you will be utilizing both the Audiogon Express Checkout platform and the payment acquirer system to process the funds, receive payment from the buyer and process refunds if applicable.  Buyers may authorize a Payment Transaction with any major credit card accepted by Audiogon.
3. The use of Express Checkout is exclusively for the sale of items listed on www.audiogon.com.  When utilizing Express Checkout an Enrolled Seller agrees to ship the sold item(s) once the Payment Transaction is complete and reflected in their Express Checkout Account. Audiogon reserves the right to terminate Enrolled Seller’s from Express Checkout if the Enrolled Seller is determined to be using Express Checkout for the sale of items not listed on the Site.
4. Audiogon reserves the right to decline any Payment Transactions that we have reason to believe may be high risk, fraudulent, or in violation of this Agreement.
5Audiogon will maintain our Privacy Policy and not pass or share any confidential information.
Deposits and Transfers
1. All funds associated with Express Checkout will be reflected as one of the following statuses in an Enrolled Sellers Dashboard. 
Pending: We are verifying that the funds are safe to release and/or awaiting confirmation of safe delivery. 
Approved: We have approved the funds, however we're still waiting for the payment to clear with the bank.
Paid: The funds have been released into your bank account.
Refunded: The funds have been refunded to the buyer.
Pending: We are verifying that the funds are safe to release and/or awaiting shipment.
Approved: We have approved the funds, however we're still waiting for the payment to clear with the bank.
Paid: The funds have been released into your bank account.
Refunded: The funds have been refunded to the buyer.Payment Transactions are considered complete once the payment is approved by Audiogon. If Enrolled Seller’s first sale date is less than ninety (90) days from the day Enrolled Seller registers for Express Checkout, Payment Transaction completion also requires that the sold item is marked as “shipped” using the tools made available in Enrolled Seller’s Express Checkout Account. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last Payment Date, as defined in Section 4b, are also applied to Enrolled Seller’s Express Checkout Account balance. Funds in a Express Checkout Account balance are eligible for deposit (“Available Balance”) into Enrolled Seller’s Bank Checking Account (“Cash Deposit”) at the end of any applicable deposit delay, reserve, or hold period as described in Section 4c.
b. Upon Enrolled Seller’s election of payment by credit card or Audiogon gift card, we will initiate a Cash Deposit of Enrolled Seller’s Available Balance into Enrolled Seller’s Bank Checking Account at a regular, agreed upon date (“Payment Date”) with the Enrolled Seller. Each Payment Date will fall on standard Monday through Friday “Business Days,” with the possible exclusion of US national and/or bank holidays. If the scheduled Payment Date interval falls on a non-Business Day, the Payment Date will then fall on the next regular Business Day on which transfers are completed. When Enrolled Seller either initially provides or later changes his or her bank account information, Enrolled Seller must wait at least five (5) calendar days to request a deposit into Enrolled Seller’s Bank Checking Account. The next scheduled deposit after a change to Bank Checking Account information will occur on the next scheduled Payment Date after a period of five (5) calendar days from the date of the requested change. Deposits into Enrolled Seller’s Bank Checking Account will generally be credited within three (3) to five (5) Business Days of the date we initiate the transfer.
c. If we reasonably conclude, based on information available to us, that a Enrolled Seller’s actions and/or performance in connection with Express Checkout may result in buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put into effect a hold, deposit delay, or reserve associated with Enrolled Seller’s Express Checkout Account balance. A hold may be put on funds associated with a particular Payment Transaction in the event of disputes or investigations associated with the order for the shorter of: (a) 180 days after the estimated delivery date; or (b) completion of any investigation(s) regarding any Enrolled Seller actions and/or performance in connection with the Payment Transaction. Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed as described in Section 4a. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all Payment Transactions for Enrolled Seller. A reserve is defined as a fixed percentage of Enrolled Seller’s Express Checkout Account balance which is delayed prior to being included as part of Enrolled Seller’s Available Balance for a period of up to 180 days. All holds, deposit delays, and reserves will be communicated to Enrolled Seller by e-mail or a notice on the Site. We will not be liable to a Enrolled Seller if we act in accordance with the provisions of this Section [4].
d. In the event funds designated for cash payment cannot be deposited into Enrolled Seller’s Bank Checking Account, the funds will be made available in Enrolled Seller’s Express Checkout Account balance. Enrolled Seller will be required to update his or her Bank Checking Account information and such funds will automatically be transferred to Enrolled Seller’s new Bank Checking Account within 7 business days.
5. Recoupment
a. We reserve the right to seek reimbursement from a Enrolled Seller if we, in our sole discretion, provide a refund to a buyer if Enrolled Seller cannot promptly deliver the goods, or if we discover erroneous or duplicate transactions, receive a chargeback from buyer’s credit card issuer for the amount of buyer’s purchase from Enrolled Seller, or Enrolled Seller otherwise does not act in accordance with Audiogon’s general Terms & Conditions.
b. We may obtain reimbursement of any amounts owed by Enrolled Seller to Audiogon under Section 5a or otherwise by deducting the amounts owed from future payments owed to Enrolled Seller, reversing any credits to Enrolled Seller’s Express Checkout Account balance, charging Enrolled Seller’s credit card on file, or seeking such reimbursement from Enrolled Seller by any other lawful means, including collections. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the charging of your credit card or debiting from your checking account.
6. Fees for Sellers
a. Platform use fees for Express Checkout vary by domicile of a Enrolled Seller’s bank and are applied to each order completed via Express Checkout between a U.S. based buyer and a U.S. based Enrolled Seller. This fee is assessed on the gross amount of the sale, including tax and shipping. Unlike other fees, the platform use fee is deducted from the transaction amount as the funds become available for deposit. Accordingly, Enrolled Seller will receive the gross amount of the sale, including tax and shipping, net the Express Checkout platform use fee. Platform use fees will be reflected in your Express Checkout Account.
b. For U.S. Enrolled Sellers, Internal Revenue Service (“IRS”) regulations require that U.S. third-party settlement organizations and payment processors, including Audiogon, file Form 1099-K to report unadjusted annual gross sales information for sellers that meet both of the following thresholds in a calendar year (reporting):
1. More than $20,000 in gross sales, and
2. More than 200 transactions.
c. As a result of these regulations, Enrolled Sellers who approach one hundred and seventy-five (175) transactions in a calendar year, regardless of sales volume and aggregated across his or her Audiogon selling account, will be required by Audiogon to provide taxpayer-identification information and will be notified via e-mail and through other communication channels available on the Site.
7. Notice
a. All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by Audiogon. We will send notices to a Enrolled Seller at the e-mail address maintained in Audiogon’s records for such Enrolled Seller. A Enrolled Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us and otherwise agrees to the notification clause in Audiogon’s general Terms & Conditions. Enrolled Sellers will send notices to us using the functionality for contacting Audiogon provided in our Support Section.
8. Termination
a. A Enrolled Seller may terminate acceptance of credit card through Express Checkout at any time by adjusting his or her 
b. Audiogon may terminate a Enrolled Seller’s use of Express Checkout without notice to Enrolled Seller for any reason. Upon termination, any non-disputed available balance resulting from a Payment Transaction will be deposited into Enrolled Seller’s Bank Checking Account and Enrolled Seller will still have access to his or her Express Checkout Account for at least 30 days following termination. We reserve the right, upon termination of access to the Express Checkout service, to set off against any payments to be made to Enrolled Seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts paid to buyers in connection with purchases from Enrolled Seller’s Express Checkout Account for a prospective 180-day period. At the end of such 180-day period following termination, we will disburse to Enrolled Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from Enrolled Seller via any of the means authorized in Section 5 above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable. Refer to Audiogon’s general Terms & Conditions for additional information regarding termination of a Enrolled Seller’s account.
Audiogon reserves the right to alter these policies at any time
 
 

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