This User Agreement sets out the terms on which SecondhandCycle.com offers you access to and use of our site. You agree to comply with this User Agreement when accessing or using SecondhandCycle.com.
About Secondhand Cycle
Secondhand Cycle is a platform that allows users to offer, sell, trade and buy anything related to bicycles or cycling-related gear or accessories. Any actual contract for sale, trade, etc. is directly between users of secondhandcycle.com and does not include secondhandcycle.com. Secondhand Cycle is not a traditional auctioneer.
All data provided on secondhandcycle.com is solely informational and you may decide to utilize it or not. This may include but is not limited to pricing, advice, newsletters, articles, ratings and authenticity. Except as otherwise noted, Secondhand Cycle will help facilitate the resolution of ALL disputes that may arise as expeditiously as possible. Resolutions are strictly at the discretion of Secondhand Cycle and its associates and methods, and all resolutions are final. Secondhand Cycle has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of users to sell or trade items; the ability of buyers to pay for items; or that a user will actually complete a transaction or return an item.
1. Using Secondhand Cycle
In connection with using or accessing secondhandcycle.com, you will not:
Sellers must meet Secondhand Cycle's minimum performance standards. Failure to meet these standards may result in limiting, restricting, suspending, or downgrading your user account. If we believe you are abusing Secondhand Cycle in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s), delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical or any other steps as appropriate to prevent you from using secondhandcycle.com.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse or terminate any user account for any reason at any time.
We charge sellers a final sale price fee of 5% for any item sold on secondhandcycle.com, and nothing more. You will never be liable for any additional fees from secondhandcycle.com without advance notice and the opportunity to opt out. The 5% fee applies only:
You must have a payment method on file when using secondhandcycle.com, and pay all fees associated with the use of our site by the payment due date. All reasonable methods will be used to collect unpaid fees. Accounts more than 60 days past due are automatically suspended and subject to a $10.00 reinstatement fee.
There is no fee for buyers on secondhandcycle.com.
3. Rules for Everyone
There are rules that all Secondhand Cycle members, both buyers and sellers, need to know and follow. These rules are created to protect you and to keep Secondhand Cycle a safe place to buy, sell, and trade.
Rules about general member conduct
Secondhand Cycle members aren't allowed to:
In addition to rules that apply to all Secondhand Cycle members, Secondhand Cycle also has rules specifically about Feedback, buying, and selling.
When a buyer or seller dispute arises, depending on the particular situation, we may consider an individual's performance history and the specific circumstances, which can influence how we apply our rules and policies. At our discretion, we may choose to be more lenient with policy enforcement. We reserve the right to do the right thing for both buyers and sellers.
Rules about identity
Secondhand Cycle members:
Rules about communicating with other Secondhand Cycle members
Secondhand Cycle members can't use our member-to-member contact options (messaging):
Rules about Secondhand Cycle's responsibilities
Rules regarding taxes
All taxes are the sole responsibility of the user.
4. Rules for Sellers
Secondhand Cycle’s policies help to create a safer, fair and enjoyable trading experience for all members. As a seller, you are responsible for reviewing and understanding Secondhand Cycle's selling policies and this User Agreement.
Seller performance standards
Secondhand Cycle expects sellers to consistently provide service that results in a high level of satisfaction. This includes setting and meeting buyer expectations by providing excellent customer service from beginning to end.
As a seller, you're expected to:
When listing an item, you agree to comply with Secondhand Cycle's rules for listing and that:
Rules for listings
The rules set forth below help provide a better and safer experience on Secondhand Cycle. To ensure a smooth experience, be sure to review and follow these rules when you list your items. We realize that not following a Secondhand Cycle policy can sometimes be an honest mistake. If your item is allowed, you may just need to edit your listing so that it meets our guidelines.
Item Descriptions should be thoughtful and thorough, but please keep privacy of third-parties in mind. Listings that contain third-party personal identification without consent will be ended by Secondhand Cycle staff. Use of bonafide business names or third-party monikers is permitted.
Accepted payments policy
To help ensure a safe marketplace, the only payment option that is acceptable on Secondhand Cycle is PayPal. PayPal is safe and easy to use. Users may accept other payments such as payment upon pickup, personal and business checks or money orders, seller business private gateways, and other online payment services. Additionally, the 'Payment Options' and 'Payment Instructions' sections of your listing must state which specific payment methods you accept. If you accept a payment method, don’t place limitations on what forms of it you accept. However, it has been our experience that PayPal is secure and most widely-available to users.
Common sense prevails, but the following is not allowed:
"I accept PayPal but do not accept credit card payments through PayPal”
"I only accept PayPal if the bid amount is greater than $15”
In addition, you aren't allowed to make statements such as:
Prohibited and restricted items
secondhandcycle.com is a family website used by many different people. Please be prudent and exercise good judgement when listing any item. Anything deemed offensive will be removed. There are no exceptions to this rule.
Hazardous, restricted, or regulated materials
For health and safety reasons, most hazardous materials (such as fire extinguishers, refrigerants, and radioactive materials) can't be listed. Please do not list any materials that may be considered hazardous.
5. Rules for Buyers
We want to maintain a safe, fair, and enjoyable marketplace for both buyers and sellers. If you're a buyer, we ask that you review and understand our policies, including the Secondhand Cycle User Agreement, before you bid on, buy or trade an item.
Our policies are intended to:
When buying or trading an item, you agree to the rules for buyers and that:
Buying practices policy
We want all Secondhand Cycle members to be able to buy and sell on Secondhand Cycle with confidence. We want our sellers to bring great service and value to our marketplace, and we strive to protect sellers from unfair and unsafe buyer activity.
This policy outlines our expectations for buyer behavior. When buyers don't meet these standards, we encourage sellers to report the concern.
Not paying for an item
If you've placed a winning bid or clicked Buy it Now in a listing, or a seller has accepted your offer, you've entered into a valid contract and you are committed to purchasing that item.
Making unreasonable demands
When you bid on or buy an item, you accept the seller's terms as set out in the listing, provided the listing complies with our listing policies. You're entitled to expect that the seller will do what they've said with regards to shipping, payments, and item returns. We know that exceptional circumstances can arise, and we allow you to make reasonable and limited requests. However, we don't require sellers to fulfill requests that are outside of their terms.
We don't allow unreasonable or excessive demands. We also consider using the threat of negative Feedback as a way to make demands of the seller to be extortion and we don't allow it.
Leaving inappropriate feedback
Feedback is an essential tool for letting other members know about your experiences with a seller, and we encourage you to be honest. However, we don't allow misuse of Feedback.
We encourage all sellers to specify a clear return policy in their listings. Always check the return policy specified in a listing before committing to pay for an item.
If you want to return an item, review the seller's return policy before initiating a return. Sellers may specify requirements for returns such as time limits, restocking fees, and who pays for return shipping.
Asking a seller to falsely declare an item as a gift on a customs form is considered to be encouraging illegal activity.
We may take action against a buyer if we see a pattern of excessive or invalid bid retractions. You can only retract a bid under exceptional circumstances. Bid retractions will not be allowed after intentionally bidding on a listing to reveal a sellers' reserve price or the proxy bid of another user.
Unwelcome and malicious buying
We consider bidding on or buying an item when you have no intention of completing the transaction, or circumventing a seller's buyer requirements, to be unwelcome and malicious buying.
You must pay for items using one of our accepted payment methods. We encourage sellers to make sure that payment has cleared before sending an item, and to report attempted fraud to us.
All Secondhand Cycle members must keep their account details up to date. We take action when we know that a member has false or missing contact information, or if we can't contact a member because they have an invalid or dead email address.
6. Rules about bidding and paying
7. Rules about Feedback
8. Limitation of Liability
Secondhand Cycle functions properly and up-time is 99% or better. However, we cannot guarantee the continuous operation of or access to our services. Bidding updates and other notifications in Secondhand Cycle's software may not occur in real time. Such functionality is subject to delays beyond Secondhand Cycle's control.
You agree that you are making use of our services at your own risk, and that they are being provided to you 'AS IS' on an 'AS AVAILABLE' basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officer, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Secondhand Cycle is not responsible for any damages to yourself or others, including the loss of life, due to the use of items purchased on the site.
When providing content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Secondhand Cycle, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, 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. Secondhand Cycle takes no responsibility and assumes no liability for any content provided by you or any third party.
The name "Secondhand Cycle" and other Secondhand Cycle marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Secondhand Cycle in the U.S. and other countries. They may not be used without the express written prior permission of Secondhand Cycle.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Secondhand Cycle's Services or your breach of any law or the rights of a third party.
12. Legal Disputes
You and Secondhand Cycle agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Secondhand Cycle (including any claim or dispute between you and a third-party agent of Secondhand Cycle) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the services, the actions of Secondhand Cycle or its agents, or any products or services sold or purchased through the services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law - You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Secondhand Cycle, except as otherwise stated in this User Agreement.
Agreement to Arbitrate - You and Secondhand Cycle each agree that any and all disputes or claims that have arisen, or may arise, between you and Secondhand Cycle (including any disputes or claims between you and a third-party agent of Secondhand Cycle) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the services, the actions of Secondhand Cycle or its agents, or any products or services sold, offered, or purchased through the services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief - You and Secondhand Cycle agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any proceeding. Unless both you and Secondhand Cycle agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
Arbitration procedures - Arbitration is more informal than a lawsuit in court. As such, arbitration procedures and costs are fluid and dependent upon a number of factors including interpretation and substance of the claim. Information regarding procedures for filling, arbitration, costs, etc are available by contacting Secondhand Cycle administration.
Arbitrator decision final - The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Secondhand Cycle user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Severability - With the exception of any of the provisions in ‘Prohibition of Class and Representative Actions and Non-Individualized Relief’, if an arbitrator decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Future Amendments to the Agreement to Arbitrate - Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if Secondhand Cycle makes any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Secondhand Cycle prior to the effective date of the amendment. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
13. Judicial Forum for Legal Disputes
Unless you and Secondhand Cycle agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Secondhand Cycle must be resolved exclusively by a state or federal court located within San Mateo, California. You and Secondhand Cycle agree to submit to the personal jurisdiction of the courts located within San Mateo, CA, for the purpose of litigating all such claims or disputes.
Additionally, as a member and user, you agree now and always to never defame, disparage, attack or criticize our site or users, including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents through libel or slander, in any form, on or in any media for any reason.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.secondhandcycle.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Secondhand Cycle representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Secondhand Cycle site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our services set forth the entire understanding and agreement between you and Secondhand Cycle, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
Click the button below to create a free account. No payment details are required unless you sell an item or purchase an item.