Terms & Condition

Terms & Conditions

Effective Date: [8-24-2024]

Welcome to Genius Shop! These Terms & Conditions govern your use of our website and services. By accessing or using Genius Shop, you agree to be bound by these terms. Please read them carefully before using our platform.

1. Acceptance of Terms

By accessing, browsing, or using Genius Shop, you agree to comply with and be bound by these Terms & Conditions and our Privacy Policy. If you do not agree with any part of these terms, you should not use our platform.

2. Use of the Platform

a. Eligibility

To use Genius Shop, you must be at least 18 years old or have the legal capacity to form a binding contract in your jurisdiction. By using our platform, you represent and warrant that you meet these eligibility requirements.

b. Account Registration

To access certain features of Genius Shop, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

c. Prohibited Activities

You agree not to engage in any of the following prohibited activities while using Genius Shop:

  • Violating any applicable laws or regulations.
  • Engaging in fraudulent, deceptive, or misleading practices.
  • Infringing on the intellectual property rights of others.
  • Distributing viruses, malware, or other harmful software.
  • Using the platform to send unsolicited or unauthorized advertising or spam.
  • Interfering with the proper functioning of our platform or servers.
  • Creating multiple accounts for fraudulent purposes or to manipulate our platform.

3. Seller and Buyer Responsibilities

a. Sellers

  • Product Listings: Sellers are responsible for accurately describing their products, including all relevant details such as price, condition, and availability. Sellers must comply with all applicable laws and regulations when listing products on Genius Shop.
  • Order Fulfillment: Sellers are responsible for fulfilling orders promptly and in accordance with the terms specified in their product listings. Failure to fulfill orders may result in penalties or suspension of your seller account.
  • Returns and Refunds: Sellers must clearly outline their return and refund policies in their product listings and honor these policies for all transactions.

b. Buyers

  • Purchases: When making a purchase on Genius Shop, you agree to pay the total amount due, including any applicable taxes and shipping fees. All purchases are subject to the seller’s terms and conditions.
  • Product Reviews: Buyers are encouraged to leave honest and constructive reviews of products and sellers. However, you agree not to post false, misleading, or defamatory reviews.
  • Disputes: If you encounter any issues with a purchase, you agree to first attempt to resolve the issue directly with the seller. If a resolution cannot be reached, you may contact Genius Shop customer support for assistance.

4. Payment and Fees

a. Payment Processing

Genius Shop partners with third-party payment processors to handle transactions securely. By making a purchase, you authorize Genius Shop and its payment processors to charge your payment method for the total amount due.

b. Fees

Genius Shop may charge fees for certain services, such as listing products, selling on the platform, or processing transactions. Any applicable fees will be disclosed to you before you use the service. Genius Shop reserves the right to change its fee structure at any time, with prior notice.

c. Taxes

You are responsible for determining and paying any taxes applicable to your transactions on Genius Shop. Genius Shop is not responsible for collecting or remitting any taxes on your behalf, except where required by law.

5. Intellectual Property

a. Ownership

All content on Genius Shop, including but not limited to text, graphics, logos, images, and software, is the property of Genius Shop or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from our platform without our prior written permission.

b. User-Generated Content

By submitting content to Genius Shop, including product listings, reviews, or comments, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, display, reproduce, and distribute your content on our platform and in our marketing materials.

c. Trademarks

All trademarks, service marks, and logos used on Genius Shop are the property of their respective owners. You may not use any trademarks or logos without the prior written consent of the owner.

6. Termination

a. Termination by You

You may terminate your account at any time by contacting Genius Shop customer support. Upon termination, you will remain responsible for any outstanding transactions or fees.

b. Termination by Us

Genius Shop reserves the right to suspend or terminate your account at any time, for any reason, including but not limited to violations of these Terms & Conditions, fraudulent activity, or abuse of our platform. Upon termination, you will lose access to your account and any associated data.

c. Effect of Termination

Upon termination of your account, these Terms & Conditions will continue to apply to any past use of the platform, and you will remain responsible for any obligations incurred prior to termination.

7. Disclaimers and Limitations of Liability

a. Disclaimers

Genius Shop provides the platform and all services on an "as-is" and "as-available" basis. We do not guarantee that the platform will be free from errors, interruptions, or security breaches. Genius Shop disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. Limitation of Liability

To the maximum extent permitted by law, Genius Shop and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform or services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or related to these Terms & Conditions or your use of the platform will not exceed the amount paid by you to Genius Shop in the past 12 months.

8. Indemnification

You agree to indemnify, defend, and hold harmless Genius Shop and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the platform, your violation of these Terms & Conditions, or your infringement of any third-party rights.

9. Governing Law and Dispute Resolution

a. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.

b. Dispute Resolution

Any disputes arising out of or related to these Terms & Conditions or your use of Genius Shop will be resolved through binding arbitration in accordance with the rules of the [Insert Arbitration Association]. The arbitration will take place in [Insert Location], and the decision of the arbitrator will be final and binding.

10. Changes to These Terms

Genius Shop reserves the right to update or modify these Terms & Conditions at any time, with prior notice to you. Your continued use of the platform after any changes constitutes your acceptance of the revised terms. We encourage you to review these Terms & Conditions periodically to stay informed of any updates.

11. Contact Us

If you have any questions or concerns about these Terms & Conditions, please contact us